PARTICIPATION of the PUBLIC and VICTIMS for MORE FAIR and EFFECTIVE CRIMINAL JUSTICE ADMINISTRATION in the PHILIPPINES Donna

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

242 112TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS 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

244 112TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS 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

245 RESOURCE MATERIAL SERIES No. 56 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. Pilot-Testing of Enhanced 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%

247 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. Training Program for Drug- 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

249 RESOURCE MATERIAL SERIES No. 56 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 the offender and the community, 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

250 112TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS 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. Community Involvement in Commission for Prisoners Welfare, Corrections in the Philippines CARITAS (formerly the Catholic (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. Observance of the National 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 Consciousness Week. A national 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

252 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

253 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 (Village Watchmen). Based from 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’

254 112TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS awareness of their basic obligation to Volunteerism plays a vital role. 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

255 RESOURCE MATERIAL SERIES No. 56 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 in the country. These anti-crime 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 country, GMA Network, Inc. The 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

256 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. The Criminal Justice System 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 Prevention Week. 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

257 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

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