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112TH INTERNATIONAL TRAINING COURSE

PARTICIPANTS’ PAPERS

PARTICIPATION OF THE PUBLIC AND VICTIMS FOR MORE


FAIR AND EFFECTIVE CRIMINAL JUSTICE
ADMINISTRATION IN THE PHILIPPINES

Donna Lynn A. Caparas*

I. INTRODUCTION labored to prioritize legislation to curb the


proliferation of crimes. The crime situation
In the 1998 State of the Nation Address
has evolved in such dimensions that that,
of His Excellency, President Joseph Ejercito
in order to curb it, a systematized and
Estrada, the President announced the
effective crime prevention and control
adoption of a ten-point action program by
program is deemed imperative.
his government. The first major task he
cited pertains to the strategic theme of his
II. PHILIPPINE STRATEGIES FOR
government, which he declared as a
CRIME PREVENTION
governance of transparency. All decision-
making processes are to be publicly A basic condition for an effective and
disclosed and must be consultative. The efficient criminal justice system is genuine
immediate objective of the government is trust and confidence of the general public.
to restore public confidence and its long It is this trust and confidence that spells
term objective is to establish an enduring the difference between an actively
partnership among government, the supportive public on the one hand, and an
business community and civil society. apathetic community on the other hand.
It is the building block of successful crime
One of the major task of his government prevention strategies.
is reduction of criminality by effecting the
“immediate arrest of the most notorious A. The Philippine Criminal Justice
criminals and drug pushers”. He has, in System: The 5-Pillar Approach
fact, created a Presidential Anti-Organised The Philippine criminal justice system
Crime Task Force to coordinate efforts as has four (4) formally organized components
regard to the reduction of criminality. namely: law enforcement, prosecution,
courts and corrections. The formal
The upsurge in crimes concerns not only components are the traditional series of
public security and order or political agencies that have been given formal
stability, but also gravely affects the responsibility to control crime: the police,
favorable economic gain of the country. The the prosecutors, the judges, prison and jail
consequential repercussions of such crimes personnel, probation and parole officers.
have compelled the Philippine government
to launch a more intensified and more The fifth component is made-up of the
unified drive to involve law enforcement, mobilized community and is outside this
prosecutorial, and judicial agencies. In formal organization. If may be composed
fact, even the legislative branch has of public entities, private groups and
individuals and local officials who are
* Project Evaluation Officer V, Division Chief, performing functions related to the
Criminological Research Division, National Police prevention and reduction of crime.
Commission, the Philippines.

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The fifth pillar has a two-fold role. First, participation are being introduced on all
members have the responsibility to fronts.
participate in law enforcement activities by
being partners of the peace officers in In the reduction of crime, a systems-wide
reporting crime incidents, and helping in strategy was initially developed in the
the arrest of the offenders. Second, they 1970s. This ventured into specific
have responsibility to participate in the community-based crime prevention
promotion of peace and order through activities for adoption and implementation
crime prevention or deterrence, and in the by criminal justice agencies, specifically
rehabilitation of convicts and their those perceived to have the greatest
reintegration to society. potential for improving the quality of life,
and hence, reducing crime. The strategies
B. The Holistic Approach that find relevance to the present are: 1)
Over the years, crime has continued to reinforcement of the home and family life;
be one of the major social problems and 2) educational improvement; 3) health
questions linger in the minds of the public improvement; 4) active participation of
as to the capability of the agencies religious organizations/groups; 5)
concerned to respond effectively to the improvement of recreational facilities; 6)
threat of crime. The failure to meet involvement of mass media; and 7) citizens’
targeted goals, however, should not be involvement in crime prevention activities.
totally construed as a failure of the system
but rather, on the prevailing environmental C. Coordination and Networking in
conditions or foctors that may have the Philippine Criminal Justice
precipitated the increase of crime System
incidence. These factors include increasing The criminal justice arena is a system
pressure from the family, peer groups, of interrelated goals, functions and roles.
rural-to-urban migration, negative effects Interagency coordinating mechanisms
of mass media, impact of poverty, have been created and strengthened to
unemployment and inflation, and graft and optimize problem-solving for pressing
corruption. issues affecting each pillar, and to work out
the implementation of projects and
In view of this, crime prevention policies activities within an interdisciplinary
have been incorporated in national framework.
economic development plans. Under the
past administration, reinventing the 1. National Peace and Order Council
bureaucracy and crafting a new and Several years ago, a centralized
reinvigorated Social Reform Agenda coordinating mechanism to carry out a
became priority actions. Specifially, the national program addressed not only
Philippines 2000 program, launched in criminality but all forces that threaten
February 1993, encompasses the Filipino national security was established with the
vision for an improved quality of life for promulgation of Executive Order 309, as
all. It is anchored in people empowerment amended by EOs 317 and 320, and recently
and global competitiveness. EO 366. This national council, more
popularly known as the Peace and Order
Significant sector-specific strategies to Council, draws its membership from
more equitably distribute the fruits of government agencies and non-
development, to bridge rural-urban governmental organizations (NGOs). It
disparities and to increase people’s underwent reorganization and

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revitalization on all levels-national, Conferees in the Summit agreed to adopt


regional, provincial and city/municipal. a Master Plan of Action for Peace and Order
to be implemented for a period of 5 years
The Peace and Order Council (POC) is a by the criminal justice system agencies and
unified and strongly coordinated body to the mobilized community. Former
carry out national programs addressed to President Fidel V. Ramos directed the
the problems of criminality, terrorism, Peace and Order Council through the
drugs, insurgency, rebellion or disruption National Police Commission’s Technical
of public order, which threaten our national Committee on Crime Prevention and
unity and security. Criminal Justice to oversee the
implementation and monitoring of the
2. National Summit on Peace and Order projects contained in the Master Plan.
In connection with this, the government
tasked the National Peace and Order The Master Plan of Action for Peace and
Council to call on all criminal justice Order is the blueprint for a concerted
agencies in the country consultative government action against criminality, and
meetings. This resulted in the holding of programs, projects and activities
national peace and order summits to craft incorporated in the plan are to be
a common policy and action plans against implemented from 1997 to 2001.
criminals, especially those involved in
heinous offenses. III. PUBLIC PARTICIPATION AND
COOPERATION IN THE CRIMINAL
The National Summit on Peace and JUSTICE PROCESS
Order, which was institutionalized in 1993,
Trust and confidence is built upon a firm
is an annual exercise wherein government
knowledge of a criminal justice machinery
is considered in this jurisdiction as the fifth
that is able to deliver justice speedily,
component of the criminal justice system -
accurately, equitably, fairly and accessibly,
not just in the implementation phase but
or any combination of these depending on
also in the policy-formulation level.
society’s culture and norms.
The Summit of 1993 was the first time
As reforms in the Philippine criminal
that public servants met with the citizenry
justice system gradually take root in the
on a national scale to openly discuss the
individual pillars, public trust and
peace and order conditions in the country
confidence can be built up into greater
on which could be forged a rationalized
vigilance and active community
blueprint for action, distilled from the clash
involvement. The process of regaining
of intellectual and experimental insights.
people’s trust and confidence in the
country’s criminal justice system is being
The Summits have endeavored to learn
orchestrated at the highest levels of
from hindsight, to sustain the gains that
government and is being coordinated
have been made in the past and to find out
throught the close networking of inter-
what more could be done to improve the
disciplinary committees such as the
administration of justice in the country and
Napolcom Technical Committee on Crime
the overall peace and order situation. The
Prevention and Criminal Justice. Some of
annual summit provides an occasion for a
the programs initiated, by pillar, are the
diagnosis of the year just past, and a
following.
prognosis of the year to follow.

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A. Police Level The major emphasis of COPS is the


By and large, this pillar represents the imperative of cultivating a people-police
most visible subsystem and has the partnership to champion the cause of peace
greatest membership of the four formal and order in the community. Public
components. To date, the country has a support is the desideratum of police
total of 94,965 members of the Philippine effectiveness and success. The police can
National Police nationwide, with NCR not single-handedly solve the manifold
accounting for 10,644 members, excluding problems of criminality, considering its
uniformed and civilian volunteers deficiencies in manpower, mobility,
comprising a total of 3,817 at present. This communications and firepower. Only the
in the entry point of the system for first people can fill the gap.
offenders and the re-entry point for the
failures of the other subsystem. This is The Philippine National Police (PNP)
sometimes referred to as the “gateway to has been directed to hasten the full
the Criminal Justice System”. implementation of community-based
policing projects, especially in urbanized
The law enforcement function is areas, nationwide. All territorial unit
spearheaded by the Philippine National commanders have been directed to
Police (PNP) and the National Bureau of accelerate the institutionalization of the
Investigation (NBI). The PNP is national community policing system in their
in scope and civilian in character and respective areas in cooperation with local
administered and controlled by the government units (LGUs), other
National Police Commission government agencies/offices, and
(NAPOLCOM), an attached agency of the nongovernment organizations (NGOs).
Department of Interior and Local
Government (DILG). Cognizant that the support and
involvement of the community is one of the
Several measures have been initiated at significant factors in the successful
the law enforcement level to maximize the implementation and intstitutionalization
participation of the public at this level of of the community policing project, the
the criminal justice system. Among these Napolcom enjoined the PNP to solicit and
are: enter into partnership and alliance with all
interested NGOs, civic organizations and
1. Community Oriented Policing Concept LGUs to be formalized through the signing
(COPS) of Memorandum of Agreement without
The National Police Commission and the exclusivity.
Philippine National Police agreed that
there should be a specific operational The physical/structural aspect of the
program initiated by the government to project is the establishment of a modest
counter criminality, even if some of the police box or police center in the community
more successful models are those initiated wherein the activities of the system will
by the community. The two agencies be planned, organized and executed. The
agreed to implement and institutionalize primary function of the box or center is the
a particular community-based crime organization of the community to prevent
prevention program nationwide. This and control crime.
program is dubbed the “Community-
Oriented Policing System or COPS” On the other hand, its psychological/
behavioral aspect pertains to COPS as a

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philosophy that guides the approach to vested with the jurisdiction to hear and
policing taken by every police unit. It is decide citizens’ complaints against erring
the process of changing the mindset and personnel that are filed before them. The
attitude of the members of the police force intent of the law is clear. In the governance
in solving criminality without resorting to over the police, local government units and
violent means and methods. In the same the community must have substantial and
manner, the members of the community more meaningful participation,
will be convinced to enter into partnership particularly in the area of discipline.
with the law enforcer to keep the
community peaceful. While a police agency PLEB members are appointed by the
can adopt aspects of the community local executives through the
policing philosophy for selected units and recommendation of the local Peace and
activities it undertakes, maximum impact Order Councils. In 1995, a total of 1,510
cannot be achieved unless the entire PLEBs were organized nationwide. PLEB
station adopts the COPS philosophy and members are given the appropriate
the station is organized in a manner that training upon appointment. Of the total
reflects the commitment to neighborhood number of PLEBs organized, 1,087 PLEBS
problem solving. were monitored to determine their caseload
and status of case disposition, as well as to
COPS aims to cultivate the citizen-police look into their technical or legal capabilities
partnership to serve the cause of peace and and requirements. Around l,919
order in the community. It seeks the complaints against PNP members were
cooperation and active support of NGOs, filed with the various PLEBs. Of this
the local government officials, and the number, 824 were disposed of, registering
entire community for crime prevention and a 42.9 percent case disposition rate.
control. It also ensures immediate police
response to situations, thereby fostering a 3. Establishment of “Women’s and
sense of security among the residents in Children’s Concern Desk” in Police
the community. In the long term, it aims Stations
to facilitate the transition from the The establishment of the Women’s and
traditional reactive incident-driven model Children’s Concern Desks in police stations
of policing to a proactive style of operation is expected to further streamline and
which seeks to identify and resolve strengthen the effort of the police in
community problems and actively engage responding to problems of violence against
members of the community in the process. women and children. As a management
strategy, police women are assigned to man
the desks, or if no female personnel are
2. Institutionalization of the Peoples Law available, a trained male police officer is
Enforcement Boards (PLEB) assigned. To date, a total of 1,632 WCCDs
People empowerment as a strategy in with 1,763 personnel (l,468 policewomen
the administration of police administrative and 294 policemen) have been established
disciplinary system finds actualization nationwide. In highly urbanized cities, the
with the organization and operation of the WCCD handles the investigation of women
People’s Law Enforcement Boards (PLEBs) and children’s cases. A total of 3,463 cases
in the cities and municipalities throughout of abused women and children have been
the country. reported to WCCD and acted upon
appropriately. WCCP officers have been
Under R.A. No. 6975, the PLEBs are effective tools in providing services to

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women and children in close coordination justice system, prosecution is viewed as the
with the Department of Social Welfare and machinery that sets in motion the
Development (DSWD) and concerned institution of action to establish the guilt
women-based NGOs. of criminal offenders and law violators. Its
mission is to maintain peace, order, safety
Aside from these flagship programs, the and justice in the community through
police also conduct their own public delivering prompt prosecutoral services,
information and education programs that is, the investigation of crimes and the
through a number of TV and radio prosecution of criminals. Tasked with this
programs. They likewise conduct regular delicate function of screening and
“Ugnayans” or dialogue with the evaluating which cases are to be dropped
community and hold a “People’s Day” every or filed in court, the prosecution is often
month. These activities make police called the prime official in law enforcement.
services accessible to the public. They represents not only the community
but the people in the prosecution and trial
4. Law Enforcement Pillar Master Plan of the accused in court. It is the
of Action for Peace and Order prosecution’s responsibility to represent
l. P i l o t - Te s t i n g o f E n h a n c e d the government in court and to see that
Community-Oriented Policing proper persons are appropriately charged.
System in the Municipality of
Valenzuela The National Prosecution Service came
This pilot testing project was conducted into being on 11 April 1978 by virtue of
in the municipality of Valenzuela. All police Presidential Decree No. 1275. The NPS is
officers in this station are specially trained under the supervision and control of the
in the COPs philosophy and mindset. They Department of Justice. They run a
are also afforded better logistical support nationwide organization consisting of state
like computers, hand held radios and office prosecutors, regional prosecutors,
equipment. Seminar-workshops on crime provincial prosecutors and city/municipal
prevention are regularly conducted and prosecutors tasked to undertake the
attended by community leaders and the investigation and prosecution of cases
police. Action planning sessions are also involving violations of penal and special
held. laws.

A favorable result on the implementation The NPS is mandated to maintain and


of the project was observed, particularly on uphold the rule of law through the effective
the maintenance of peace and order. The and expeditious delivery of prosecutorial
citizens observed that the continuous services in order to enhance peace and
monitoring and evaluation of the COPs order. The members of the NPS are
program in their area has brought about a primarily tasked to investigate and
more favorable level of safety in the prosecute all criminal offenses defined and
community. penalized under the Revised Penal Code
and other special penal laws.
B. Prosecution Level
The National Prosecution Service (NPS) The Department of Justice, in
is the prosecution arm of the Philippine coordination with various government
government and is mandated to uphold the agencies maintains several programs to
rule of law as a component of the criminal ensure citizen participation at this level of
justice system. In the realm of the criminal justice administration.

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1. The Witness Protection, Security and P3,000.00 to about P15,000.00 in certain


Benefit Program (WPSBP) cases; 3) travelling expenses and
After only six years of operation, the subsistence allowance; 4) medical and
Witness Protection, Security and Benefit hospitalization assistance; 5) housing or
Program (R.A. 6981) has proven to be an rental allowance in case of witnesses is
indispensable feature of the criminal with manageable risks.
justice system in the country. Clients-
witnesses covered by the program have The success of the Program is best
continued to play a pivotal role in the measured by the number of convictions it
successful prosecution of significant has secured. From 1991 to January 31,
criminal cases. 1998, the program secured convictions in
132 cases, the most recent of which are the
The Witness Protection, Security and Dumancas Kidnapping-Murder Case
Benefit Program (WPSB), under Republic (involving the heiress of the owner of a bus
Act No. 6981, is a recent legislative company) and the former Chief of Police of
enactment granting witnesses certain Bacolod City, putting behind bars a total
rights and benefits and defining their of nine accused based on the sole testimony
responsibilities, if admitted into the of a witness under the program; the Cong.
Program. Apart from the primary benefit Jalosjos case; and the Mayor Alonte case.
of security and protection, witnesses may For 1997, the program placed behind bars
be given any or all of the following benefits 45 accused with 23 witnesses testifying.
under the program; 1) secure housing
facility for high-risk witnesses; 2) financial The Department of Justice entered into
assistance to witnesses and their agreement with different government
dependents, ranging from a minimum of agencies for assistance and services to be

Table 1
Witness Protection and Benefit Program
Budget and Important Statistics
1991 1992 1993 1994 1995 1996 1997 1998
Budget (in Million 25.00 25.00 23.036 18.718 25.360 35.00
Pesos
Less Reserve - 1.964 2.268 .918 1.250 -
Net Appropriations 25.00 23.036 20.768 25.800 24.110 35.00
Applications 60 149 293 499 525 317 245 112
Received (as of 8-
31-98)
Carry over from 50 40 16
Previous Year
Total on Hand 60 199 333 515
Admissions 6 99 247 273 300 229 189 53
(as of 8-
31-98)
Denials/Archived/ 4 60 70 147
Withdrawn/Suspended
Balance by Year-End 50 40 16 95 350* 500*
Disposition Rate 17% 80% 95% 82%

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RESOURCE MATERIAL SERIES No. 56

afforded to clients. The Department of injury, whichever determined by the Board.


Foreign Affairs agreed to render assistance
in facilitating/securing passports and visas 3. Prosecution Pillar Projects Under the
for WPSBP covered witnesses and initiate Master-Plan of Action for Peace and
negotiation with countries to determine the Oder
feasibility of exchanges of witnesses. The 1. Prosecution, Law Enforcement and
Philippine Overseas Employment Community Coordinating Committee
Authority (POEA) agreed to assist (PROLECCs)
witnesses in obtaining livelihoods abroad One of the projects contained in the
through its government hiring schemes or Master Plan of Action for Peace and Order
other methods of deploying overseas is the maintenance of the prosecution, law
contractual workers. The Department of enforcement and community coordinating
Labor and Employment and the service (PROLECCS). Representatives
Department of Social Welfare and from the different pillars of the criminal
Development conduct skills training justice system have taken cognizance of the
programs for witnesses. low rate of cases rested in court. This could
be attributed to the limited or lack of
2. Compensation for Victims of Unjust evidence presented in court. The
Imprisonment or Detention and prosecution pillar of the Technical
Victims of Violent Crimes from the Committee on Crime Prevention and
Board of Claims Criminal Justice felt the need for closer
Republic Act No.7309 is the law creating coordination among prosecution, law
the Board of Claims under the Department enforcement, and community pillars,
of Justice, granting compensation for specially in evidence gathering.
victims of unjust imprisonment or
detention and for victims of violent crimes. Project PROLECCS provides a regular
One of the more vexing problems in the forum to achieve and sustain closer
area of justice and human rights is the linkages among the prosecutors. Law
implementation of the constitutional enforcers, and community in evidence-
provision against the deprivation of life, gathering, specifically in cases involving
liberty and property, without due process heinous crimes. It is also designed to help
of law. Persons have been accused and attain a 50% increase in the rate of cases
imprisoned for crimes they did not commit, rested in court for a 5-year period. The
only to be subsequently acquitted. project envisions fostering an enhanced
working relationship and to promote
For the victims of unjust imprisonment, camaraderie among prosecutors, law
compensation shall be based on the number enforcers and concerned non-government
of months of imprisonment and every organizations (NGOs) through regular
fraction thereof shall be considered one meetings, seminars and conferences. The
month, but in no case shall such project was launched in August 1996 in the
compensation exceed P1,000.00 per month. Metropolitan Manila area and is being
In all other cases, the maximum for which participated in by Chiefs of Police, PNP
the Board may approve a claim shall not District Directors, representatives from
exceed P10,000.00 or the amount necessary other law enforcement units, and members
to reimburse the claimant’s expenses of the community and cause-oriented
incurred for hospitalization, medical groups such as the Crusade Against
treatment, loss of wage, loss of support or Violence (CAV), the Citizen’s Crime Watch
other expenses directly related to the (CCW), the United Pasig Against Crime

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(UPAC) among others. by the Prosecution Pillar, designed a


“Training Program of Non-Chemists in
To date, the PROLECCS have conducted Dangerous Drugs Identification”. The
seven (7) general meetings and five (5) Sub- graduates thereof shall be called Drug
Committee meetings. During the general Identification Accredited Professionals
assembly meetings, several issues, (DIAPs). They shall be allowed to serve as
problems and gray areas were discussed, expert witnesses in drug and drug-related
especially on procedural matters and on the cases. From 1995 to 1996, two batches of
gathering and presentation of evidence, for training were conducted, which produced
the purpose of strengthening the merits of a total of 52 DIAP graduates.
cases in court. Through the exchange of
information during meetings, the law C. Judiciary
enforcers were made to understand certain Together with the other pillars of the
rules regarding gathering, handling, Criminal Justice System, the court is an
preservation and presentation of evidence. important institutional agency relied upon
Accordingly, the law enforcers will be able by a great number of people in the
to apply the learned process in their future protection of their lives, rights and dignity,
cases. as well as their property.

2. Tr a i n i n g P r o g r a m f o r D r u g - The court plays a dual role in our


Identification Accredited criminal justice system as both participant
Professionals (DIAPs Training and supervisor of the latter’s process and
Program) dispensation. In its role as participant, the
One of the most pressing problems that court determines the guilt or innocence of
hamper the speedy disposition of cases is the accused, the courts are responsible for
the lack of witnesses who will testify in the trial process. Also it must ensure that
court. Specifically, expert witnesses play the law is properly applied to the case at
a vital role in the speedy administration of hand, and that all parties to the
justice in that their knowledge may be proceedings receive justice. As supervisor,
either make or break a case. Giving the court acts as important guardian of
particular focus on the drug problem, the human rights. Thus, the court remains the
Technical Committee on Crime Prevention final and ultimate sanctuary of the
and Criminal Justice have taken citizenry against all forms of injustice.
cognizance of the problem of the very low
conviction rate in drug cases. The problem In their formal organization, the courts
has been traced, among others, to the are concerned with punitive sanctions for
dearth of government chemists who can violators of law. This concern is reflected
testify as expert witnesses in court. At the in the activities of the courts personnel, as
time, only the chemists from the Philippine well as in the very trial process itself, a
National Police, the National Bureau of process that has as its goal ‘the
Investigation (NBI), and the Dangerous determination of the guilt or innocence of
Drugs Board (DDB) were allowed to appear the accused’.
in court as expert witnesses.
There is, however, an informal court
The Napolcom TCCPCJ felt the need for organization that allows a certain degree
a project that will augment the very limited of discretion about whom it should or
number of resident chemists in crime should not punish. It also decides the
laboratories. The Committee, spearheaded nature and extent of the punishment that

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is to be imposed. This informal side has The Foundation for Judicial Excellence,
made possible some new approaches to the a private foundation, has granted awards
control of crime, for example, by treatment for Judicial Excellence every year. This
instead of punishment. private foundation grants awards to three
(3) Outstanding Regional Trial Court
As the court system now operates, an Judges, and three (3) Outstanding
attempt is being made to be as non-punitive Metropolitan or Municipal Trial Court
as possible by the use, for instance, of Judges. Likewise, the foundation also gives
probation coupled with warnings of awards for Outstanding Public Prosecutors
punishment for the offender who ventures and Outstanding Public Defenders. The
outside the conditions set forth by the award system is implemented to affirm and
judge. Such conditions include continued encourage exemplary performance and
good conduct, adequate support of families conduct among public servants, and to
and steady employment. Several projects strengthen citizen’s faith and confidence in
are being initiated to make citizens aware the rule of law.
of the operations of the judiciary.
D. Corrections
1. Judiciary Project Under the Five-Year The corrections pillar is formally charged
Master Plan of Action for Peace and with the primary responsibility of
Order reforming the deviant behavior of
1. Conduct of Symposium on the offenders, young and adult alike, for their
Operational Workings of the Court eventual absorption into the social and
The courts pillar of the TCCPCJ economic streams of the community. These
conducted symposia in different regions of goals are important in developing and
the country to enhance the understanding implementing programs to achieve the
of the public on the processes involved in objectives of corrections, which include
the administration of justice. The symposia building and rebuilding solid ties between
provided more information and t h e o f f e n d e r a n d t h e c o m m u n i t y,
familiarization on the operational system integrating or reintegrating the offender
and workings of the judicial system. The into community life, restoring family ties
symposia enlightened the minds of those and obtaining employment and education.
with negative beliefs about the judicial
system and provided public awareness of In the Philippines, the primary agencies
the entire criminal justice system. for institutional corrections are the Bureau
Participants gained insights on the actual of Corrections, which is under the
situation in courts and the causes of delay Department of Justice, responsible for the
in the disposition of cases. treatment and rehabilitation of national
prisoners who are serving sentence of more
2. Grant of Awards and/or Recognition than three (3) years; the Provincial Jails
of Deserving Judges and Court which are administered and supervised by
Personnel through the Merit System their respective provincial governments.
To further improve the efficiency and Inmates who are serving sentences from
effectiveness of the judges and court six (6) months and one (1) day to three (3)
personnel, the grant of awards and years are confined in these jails and the
recognition is given to deserving judges and Municipal and City Jails which are
personnel through a merit and award administered by the Bureau of Jail
system. Management and Penology (BJMP), which
is under the DILG. The inmates confined

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in these jails are serving sentences of not occupational record, interpersonal


more than six (6) months of imprisonment. relationships and other such aspects of life.

The Bureau of Corrections, which is About 17,121 unemployed and low-


mandated by law to safekeep and income probationers, parolees and
rehabilitate national prisoners, has pardonees were assisted for job placement
maintained about 20,172 prisoners in 1997, projects. About 5,434 clients were trained
who are distributed in its seven prison and or extended scholarships on automotive
penal farms. The Bureau, in cooperation mechanics, refrigeration, and air
with non-government organizations, has conditioning and radio-audio repair. Some
intensified the conduct of livelihood 2,061 of them either continued their formal
training programs for prisoners through education or were given various income-
the effective Agro-Industrial Livestock generating projects such as animal
Productivity Program. The continuous dispersal, fish culture and backyard
conduct of religious activities, recreation gardening.
programs, as well as educational (both
formal and non-formal) and training (ii) Parole and Conditional Pardon
programs were given by concerned NGOs. Under these forms of release, prisoners
who no longer need institutional treatment
Non-institutional corrections involve the are released and given the opportunity to
reformation and treatment of offenders be reintegrated into the community. It is
outside correctional facilities, and are the President of the Philippines who grants
community-based. These community- conditional pardon, upon recommendation
based alternatives to imprisonment do not of the Board of Prison and Parole (BPP)
include pre-trial diversions which, in the which has also authority to grant parole.
Philippine setting, take the form of case
disposition under the barangay justice The Board of Pardons has received a
system, e.g release on recognizance, bail, total number of 17,803 carpetas from 1995
pre-trial conference and imposition of fines. to 1998. Out of this number, 8,490 were
The non-institutional treatment of granted parole, 5,392 were released and
offenders are as follows: discharged, and 2,025 were recommended
for conditional pardon, 5,034 for
(i) Adult Probation commutation of sentence and 98 for
A significant milestone in the Philippine absolute pardon.
Criminal Justice System is the
institutionalization of the Adult Probation (iii) Probation for Youth Offenders
Law under implementation of the Youth offenders are dealt with in
Probation and Parole Administration (PPA) accordance with the provisions of the Child
of the Department of Justice. The Parole and Youth Welfare Code. This Code
and Probation Administration has received provides that “the court shall suspend all
36,939 applications for probation in 1998. further proceedings and shall commit the
About 32,607 Post Sentence Investigation minor to the custody of the Department of
Reports were completed and submitted to Social Welfare and Development (DSWD),
the courts. The investigation of an or to any training institution operated by
applicant for probation, parole or the government, x x x until he shall have
conditional pardon involves a thorough reached twenty-one years of age x x x.”
study of criminal records, family history,
educational background, married life,

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Table 2
Comparative Data of the Board of Pardons and Parole
(CY 1995 to September 1998)
Particulars 1995 1996 1997 1998 Total
Carpetas Received 5,750 4,969 3,986 3,098 17,803
Parole Granted 2,736 2,190 1,757 1,807 8,490
Recommended for 615 565 440 405 2,025
Conditional Pardon
Recommended for 1,848 1,822 1,138 226 5,034
Commutation of
Sentence
Recommended for 42 25 15 16 98
Absolute Pardon
Granted Final 1,377 1,446 1,603 946 5,392
Release and Discharge

1. C o m m u n i t y I n v o l v e m e n t i n Commission for Prisoners Welfare,


Corrections in the Philippines C A R I TA S ( f o r m e r l y t h e C a t h o l i c
(1) Parole and Probation Volunteer Aides Charities), and the National Manpower
Probation is a disposition of the court and Youth Council (NMYC) in providing
that allows a convicted offender to serve small-scale livelihood projects and
their sentence in a community and outside community-based programs for inmates.
prison, but under the supervision of a Likewise, several religious groups visit jails
parole and probation officer and subject to to share spiritual messages.
certain conditions contained in the Parole
and Probation Order. Dedicated members 3. O b s e r v a n c e o f t h e N a t i o n a l
of the community are tapped as volunteers Correctional Consciousness Week
to ensure the success of the parole and Proclamation No.55l, dated March 15,
probation system. These volunteers are 1995, declares the last week of October of
screened and trained. Each volunteer every year as National Correctionol
supervises a maximum of five clients and C o n s c i o u s n e s s We e k . A n a t i o n a l
keeps all information about a parolee, secretariat, composed of government and
probationer or pordonee in strict private sector representatives from media,
confidence. S/he works in close academia, civic and religious sectors
coordination with the Chief Probation and formulate a national plan for the
Parole Officer in providing counselling and celebration.
placement assistance.
2. Corrections Pillar Projects Under the
2. Strengthening of Coordinative 5-Year Master Plan of Action for Peace
Mechanisms with Non-Government and Order
Organizations 1. Operation and Management of the
In line with establishing more Philippines-Japan Halfway House
responsible rehabilitation and correction The Philippines-Japan Halfway House
programs and services for inmates, was designed to provide preparatory
correctional agencies coordinate with rehabilitation activities for released or pre-
government and nongovernment release clientele in a 24-hour residential
organizations like the Episcopal setting. It is geared towards preparing the

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112TH INTERNATIONAL TRAINING COURSE
PARTICIPANTS’ PAPERS

clientele to become emotionally, socially In line with this, government has


and economically prepared for family and identified several ways of encouraging the
community life and to cope with the community to join in the anti-crime
different pressures in society. An campaign. One way is to provide venues
interdisciplinary-trained staff provides for community-based participation in
services wherein all activities are geared localized crime fighting. Another is to forge
to providing therapeutic impact on the partnerships with non-governmental
clients served. organizations (NGOs) in the creation of
more crime-watch groups nationwide. A
The construction of the edifice was third way is to tap media groups in
shouldered by the Nagoya West Lions Club implementing communication strategies
and the Asia Crime Prevention Foundation that will enhance public awareness.
(ACPF). Several donations from the
Nagoya West Lions Club and ACPF were Great emphasis has been placed on the
also given through the efforts of the United subject of citizen participation in crime
Nations Asia and the Far East Institute for prevention. The process offers a viable
the Prevention of Crime (UNAFEI) and the means of involving citizens in the planning,
Asia Crime Prevention Philippines decision-making and process of change and
(ACPPI). The initial seed money for innovation. Various indigenous concepts
operation of the Halfway House was taken of adopting community-based methods
from the funds of the 5-Year Master Plan were formulated in urban locales in the
of Action for Peace and Order. Various non- Philippines to assist in the process of
government organizations and several maintaining peace and order, specifically
private individuals have assisted in the against criminality.
maintenance of the Halfway House,
including the Makati Golden Lions Club, A. Community-based Strategies
the Muntinlupa Lions Club and the Lady There are a number of community-based
Judges Association of the Philippines. crime prevention programs. Recent
community-based crime prevention groups
differ from classic vigilante groups in that
II. PUBLIC PARTICIPATION AND they do not put the law into their hands.
COOPERATION IN CRIME Instead, their primary function has been
PREVENTION the surveillance and protection of their own
communities, often acting as an ancillary
The activities that properly belong to the
group to regular police. They amplified law
community pillar are those that concern
enforcement through pursuit and capture.
the so-called infrastructure of crime, such
Largely, their primary function is in
as the lack of educational or recreational
information gathering and dissemination,
opportunities and inadequate job skills.
as well as surveillance or neighborhood
These are social conditions that foster
policing.
crime which the formal criminal justice
system can not resolve alone. Other
In the Philippine setting, the activated
community actions that can contribute to
community is spearheaded by the
less crime are improvement of the home
barangay, the grassroots political unit
and family life, delivery of health and
which is primarily envisioned to strengthen
treatment services, reduction of criminal
the popular voice of political decision
opportunities and safeguarding of the
making, and at the same time augment law
integrity of the government.
enforcement efforts in coordination with

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RESOURCE MATERIAL SERIES No. 56

police forces. Involvement 93 to Cebu City Integrated


Community Public Safety Plan, dated July
1. The Barangay Initiated Ronda System 18, 1993. The said plan aims to promote
The Barangay Initiated Ronda System closer ties between the police and the
is an offshot of Presidential Decree No. community, maintain peace and order
1232 authorizing the organization of through combined crime prevention, and
community groups to serve as effective improvement of police image.
vehicles for organized community
participation in crime prevention. The said “Pakigsandurot” is a Cebuano word
groups are organized by barangay officials. which means an act of fostering better
The most common community-based crime relationships for the purpose of getting
prevention program implemented by the fully acquainted with or obtaining a closer
Barangay Council is the Ronda System, harmonious relationship. This plan
conducted by the Barangay Security and encapsulates the idea of getting the police
Development Officers or Barangay Tanods to be personally involved in the affairs of
( Vi l l a g e Wa t c h m e n ) . B a s e d f r o m the community where they reside,
interviews, Ronda has been implemented specifically on matters of peace and order.
as far back as 1972 and is still in operation The plan conceptualizes a program where
now. the police are enjoined to render two hours
voluntary service to their barangay
The Barangay Security and residence during their time off-duty and be
Development Officers (BSDOs) or more always on call when the need arises. It
popularly known as the Barangay Tanod, calls for their direct participation in
are the volunteers who are responsible for conducting patrols and other police actions
peace keeping activities in the barangay. in their area, side-by-side (buddy-buddy
Recruited civilian volunteers will be system) with the tanods. Oplan
engaged primarily in unarmed civilian Pakigsandurot regularly conducts
assistance that shall include intelligence meetings/dialogues or fellowship every
information-gathering, neighborhood second Saturday of the month.
watch or “rondas”; medical/traffic/
emergency assistance; assistance in the Each barangay has a manpower
identification and implementation of complement of twenty tanods and 15
community development projects; and reserves. The group is divided into two
gathering relevant information and data shifts, the first shift is from 7:00 am to 7:00
as inputs to peace and order planning and pm and the second shift is from 7:00pm to
research. 7:00am.

The localities have adapted the program To complement the program, another
and have taken the liberty of assimilating operational activity was launched, code
the concept into native culture and beliefs. named Oplan Tambayayong or Oplan
Examples of these are the Oplan LUBAS (Lungsod Batok Salaod or City/
Pakigsandurot in Cebu City and the Community Against Crime). Composed of
Neighborhood Watch Group in Baguio City. civilian volunteers, this organization is
aimed to organize an anti-crime movement,
(a) Oplan Pakigsandurot composed of well-meaning citizens to
“Oplan Pakigsandurot” was initiated by complement the various PNP units in the
the Cebu City local government. This is city in its operational activities. It is
based on Cebu City Police Community likewise designed to promote peoples’

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112TH INTERNATIONAL TRAINING COURSE
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awareness of their basic obligation to Vo l u n t e e r i s m p l a y s a v i t a l r o l e .


contribute to the maintenance of peace in Sustainability of any grassroots project
their community. depends on the harnessing of local
resources, particularly that of human
(b) Baguio City’s Community Oriented resources.
Policing (COP) Program
In order to prevent or minimize the Aside from the Ronda, a number of
incidence of crime in the city and to indirect measures are also conducted.
promote the security and well-being of the Some of these include establishing day-care
populace, Mr. Ray Dean Salvoza, a civic centers, organizing the youth, conducting
leader, formulated the Community seminars on responsible parenthood,
Oriented Policing (COP) Program as early providing training for livelihood and
as November 1991. This program intends assisting families in the establishment of
to meet the demands of innovative and small scale businesses.
creative intervention, and is designed to
promote a highly organized, high morale, The public perception survey reveals
efficient police force working hand in hand that such programs are effective deterents
with the community in crime prevention. to criminality. However, the study shows
This was fully accepted in the city in 1993. that the effectiveness of community-based
crime prevention programs depend upon a
The program aims to install an host of factors. Based on the data gathered,
integrated, interdependent law the effectiveness of projects depends on
enforcement system designed to efficiently leadership, area of jurisdiction, population
and effectively assist the Baguio City Police size, logistical capability and the location
Force to prevent and minimize the of the barangay.
incidence of crime. Involvement of the
citizen/ community/ neighborhood crime 2. The Civilian Volunteer Organizations
watch systems were sought to meet day to (CVO) Program
day policing operations. To reorganize and consolidate the
Barangay Tanod of the 1970’s, the
The crime prevention activity conducted government initiated in 1989 the program
by these community-based organizations is on Civilian Volunteer Organizations
basically carried out through the Ronda (CVO’s) or Bantay Bayan. Most of the local
system. The system is operated by teams governments just reorganized their
of volunteers who take turns making Barangay Tanod and the same group acted
rounds (Ronda) around the barangay as their CVOs or Bantay-Bayan. The
during critical periods (late at night or establishment of another organization was
early dawn). For operational purposes, the triggered by inactive Barangay Tanods.
barangay is divided into “pook or puroks” The local executives and police officials
and each “purok or pook “ has an appointed deemed it necessary to organize a new
leader. There are various methods/styles group. The new group is called CVOs/
in conducting the Ronda and each Bantay-Bayan.
barangay improvises according to its
resources and needs. B. Forging Partnerships with
Citizens’ Group/ Non-Government
The main actors in the said programs Organizations
are volunteers. The main component is Greater involvement of the community
therefor citizen participation. towards effective social defense in the local

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setting is being mobilized through various neighborhood crime and related problems,
groups. The Crusade Against Violence and to cooperate in law enforcement. It
(CAV), the Citizens’ Action Against Crime involves the organization of neighborhood
(CAAC), and the Movement for the blocks in a barangay into a Street Watch
Restoration of Peace and Order (MRPO) unit.
were created as an offshoot of the
escalating incidents of violent criminality Each member of the Street Watch is
i n t h e c o u n t r y. T h e s e a n t i - c r i m e expected to be on the look-out for crimes
movements undertake: (1) protest rallies and emergencies within their own premises
as the means of obtaining a more effective and that of their immediate neighbors. The
response of the government in criminal monitoring efforts shall be assisted by the
justice matters; (2) sustained court watch; Foundation for Crime Prevention by
(3) information campaigns to increase providing the necessary infrastructure and
consciousness of victims and their families networking.
on the need to cooperate with authorities
in reporting crimes and pursuing cases in Support of the media is provided by one
court; (4) monitoring of cases pending with of the major television networks of the
law enforcement agencies and the c o u n t r y, G M A N e t w o r k , I n c . T h e
Department of Justice; (5) legal assistance neighborhood Street Watch information
and; (6) public education campaigns on and education campaign on crime
crime prevention to encourage vigilance prevention is supported by the GMA’s radio
among the citizenry in the campaign and television network. Crime prevention
against crime and violence. information and tips are aired in its
newscasts, radio and television programs.
The Citizens’ Crime Watch is an GMA has also set up a Street Watch Action
umbrella organization of non-government Center to follow up cases and report
organizations (NGOs) and People’s emergencies. The station also airs feature
Organizations (POs) working in stories and interviews on crime prevention
partnership with the government in the and criminal justice issues.
anti-crime campaign. It provides
assistance to the police in information- Street Watch has established an
gathering, reporting of suspicious persons Emergency Hotline (Emergency Hotline
and places, service of subpoenas and other 117) which is centrally managed by the
court processes, and monitoring the Philippine Long Distance Telephone
progress of investigation, prosecution and (PLDT) Company and operated by qualified
disposition of heinous offenses. In operators from the Philippine National
barangays, Barangay Crime Watch Police.
Centers are being organized by the
Barangay Chairman in consultotion with C. Activities for Enhancing Public
the City/Municipal Peace and Order Awareness
Council concerned. The media’s role must be in making the
public more conscious and aware of the
1. Most Recent Program (Example): problems of criminality, the sociology of
Street Watch crime, the machinery of the criminal justice
Street Watch is a program designed to system, the imperfections and problems
get the community actively involved in besetting the system and the arduous
preventing crime by encouraging neighbors process of prosecution. Criminal justice
to help each other deal effectively with agencies can engage the services of the

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112TH INTERNATIONAL TRAINING COURSE
PARTICIPANTS’ PAPERS

media for a more effective fight against the active support and involvement of the
crime. Towards this end, a Communication Department of Education, Culture and
Plan was launched in 1994 to educate the Sports (DECS), the Peace and Order
public on what the criminal justice system Councils, the Office of the Press Secretary-
is and its critical role in the prevention and Philippine Information Agency (OPS-PIA)
control of crime. and various citizens groups like the
Crusade Against Violence and the Citizen
1. T h e C r i m i n a l J u s t i c e S y s t e m Action Against Crime.
Communication Plan
A common strategy among the five In recent years, activities conducted
pillars of the criminal justice system is the include the Presidential Kick-Off ceremony,
conduct of an Information Education an inter-collegiate debate on crime
Communication (IEC) Campaign. A prevention, an On-the-Sport poster making
Presidential Directive was issued for the contests, symposia on crime prevention,
five pillars of the criminal justice system skit-drama contest for high school
to formulate and implement a students, motorcades and parades. These
comprehensive Criminal Justice System activities are conducted nationwide.
Communication Plan (CJS Complan). The
CJS Complan was initiated to promote the V. KATARUNGANG PAMBARANGAY
CJS in order to enhance justice, public SYSTEM - CONFLICT RESOLUTION
order and safety through an integrated and SYSTEM OUTSIDE TRIAL
sustained communication program.
Presidential Decree No. 1508, otherwise
Primers, posters, brochures, pamphlets
known as the Katarungang Pambarangay
and other materials containing information
Law, established a system of amicably
on the criminal justice system were
settling disputes at the barangay level.
prepared, reproduced and distributed to
The system aims to strengthen the family
the public. CJS agencies also air a weekly
as a basic social institution, preserve and
one-hour radio program “Bantay-
develop Filipino culture and promote the
Katarungan” (Justice Watch) which focuses
quality and speedy administration of
on crime prevention and the criminal
justice being dispensed by the courts. The
justice system. It is aired every Friday
essence of Katarungang Pambarangay
from 11:00 a.m. to 12:00 noon over DZBB
(KP) is embodied in two salient features of
Radyo ng Bayan.
the law. One is that it makes the barangay
settlement compulsory and a pre-requisite
2. Nationwide Crime Prevention Week
to bringing suits in regular courts of justice,
Celebration
or before any governmental office
The Department of the Interior and
exercising adjudicative functions.
Local Government, through the National
Police Commission, spearheads the annual
As a community-based, conflict
celebration of the National Crime
resolution mechanism, the KP has proven
P r e v e n t i o n We e k . Presidential
its effectiveness in perpetuating the time-
Proclamation No. 461 dated 31 August
honored Filipino tradition of settling
1994, declared the first week of September
interpersonal disputes amicably without
of every year as National Crime Prevention
resorting to confrontational social behavior.
Week (NCPW).
Moreover, while central to the concerns of
the KP is the speedy administration of
Plans, programs and activities for the
justice, what appears to be of prime
week-long celebration, are drawn up with

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RESOURCE MATERIAL SERIES No. 56

significance over time is people through prevention, hinges on the support


empowerment and, therefore, highly and involvement of the citizenry. Without
supportive of the notions of social ordering the active and meaningful involvement of
and human development. the community, even the best trained and
equipped police force would fail in its
The Philippine Barangay Justice system function of maintaining peace, order and
exemplifies the personal-oriented approach stability in society. For instance, if the
to the dispensation of justice within a faster citizenry would deny a former inmate the
and shorter time frame, with less rigor and chance to be reintegrated into community
cheaper costs. Its performance for over life, it would be difficult for the offender to
more than fifteen years shows that it is one be reformed.
sure mechanism for diverting cases of petty
crimes and civil cases from the judicial “A vigilant community is a peaceful
system. The amicable settlements of community”. In our society, emphasis and
disputes intends to bury the rancour and recognition should be placed on the so-
bitterness between the parties and ensure called mobilized community which is
the preservation of closer personal composed of those who are tasked to
relationship within the barangay. assume a leading role not only in law
enforcement, but in the endeavor to fashion
There are 41,000 barangays in the the values and attitudes that make the
country, with a total number of 780,000 criminal justice system work. The
mediators (Lupong Tagapamayapa Philippine criminal justice system has, in
Members). The system has contributed to its feature, the community as its fifth pillar.
the improvement of the administration of The community in this context refers to the
justice specifically the problem of poor elements that are mobilized and energized
people having limited access to the higher to help authorities in effectively addressing
courts. the law and order concerns of the citizenry.

Progress reports from the Department As a sub-system of the criminal justice


of the Interior and Local Government system, the community is the most critical
(DILG) indicated that some 171,042,975 and useful component in view of its massive
cases were settled, with only 53,361 and pervasive composition. Enlightened
disputes being elevated to the courts. Its and cognizant of their roles in the
settlement success percentage is a high maintenance of peace and order, as well as
89.25%. If this number of disputes were in the dispensation of justice, members of
elevated to the courts, the government the community get involved in providing
would have spent P 21,665,443,500.00 assistance and support to crime prevention
representing the total cost of adjudication activities, particularly in improving the
of the cases. This does not take into account detection and prosecution of crimes and the
the other benefits to the country such as re-integration of offenders into the
developing community leaders and mainstream of society.
providing a complementing alternative to
the judicial system at the barangay level.

VI. ASSESSMENT AND


CONCLUSION
The success of the criminal justice
system, with the goal of reducing crime

258

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