Access to Justice

ASSESSMENT OF THE CAPACITY OF THE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM i ACKNOWLEDGMENT This project will not be realized without the support extended by the Program Management Office (PMO) of the Supreme Court and the United Nations Development Programme (UNDP). The Philippine Judicial Academy (PHILJA) likewise wishes to thank the research team composed of the following people: Atty. Cecille L. Mejia, Atty. Belinda M. Atienza, Atty. Pamela Alquisada, Atty. Alpheus Villaluz, Atty. Carmeline Viniegra, and Mr. Vladimir Franco Bedural. PHILJA also acknowledges the contribution made by Dr. Victor Venida to this project, as well as the valuable input of the representatives from the National Economic and Development Authority (NEDA), namely: Atty. Jocelyn Reyes, Atty. Romeo Telpo, and Atty. Girlie Salarda. PHILJA likewise appreciates the cooperation and participation of the representatives of the various agencies and institutions: Law Enforcement Pillar Philippine National Police: PDirector Alfredo N. Caballes, PSSupt. Romulo A. Esteban, PSSupt. Melchor Fajardo, PSSupt. Efren M. Perez, PCI Wilbert Divina, PSSupt. Joel R. Baloro, PSSupt. Dionardo Carlos, PSSupt Rolando Felix, PSupt. Gerardo G. Dia, PSupt. David Vinluan, PSupt. Warren A. Tolito, Ms. Cynthia S. Rosales, PCI Rico B. Betic, PCI Nova de Castro-Aglipay, PCI Virgilio Viloria, PSI Edmund B. Bayle, PInsp. Jonathan Victor Olvena, PCI Teresita V. Escamillan National Bureau of Investigation: Atty. Cesar A. Bacani, Atty. Minerva Ritanal, Agent Yehlen Aghus, Ms. Agrifina dela Cruz, Atty. Auralyn Pascual, Atty. Catherine Camposano, Atty. Orlando Navalio Philippine Drug Enforcement Agency: Mr. Vince D. Plaza, Atty. Jacquelyn De Guzman, Atty. Valentina J. Asencio, LA2 Emmanuel Martinez National Police Commission: Director Myrna Medina, Ms. Donna Lynn Caparas, Mr. Christopher Espejo, Mr. Mark Peña, Ms. Milagros Abellanon, Ms. Julita Aliangan, Mr. Stephen Manzano, Ms. Ligaya Ferrer, Ms. Tita Pajarito, Ms. Rhorie Ortega, Ms. Ma. Concepcion Lactaoen, Ms. Lalaine Babagay Armed Forces of the Philippines: Ms. Bladina Leano, Col. Onesimo C. Bañaga, Capt. Thea Joan D. Navarrez Prosecution Pillar Department of Justice: Director Ma. Monica P. Pagunsan, Mr. Ryan C. Thomas, Atty. Purita M. Deynata ii ACKNOWLEDGMENT Office of the Ombudsman: Assistant Ombudsman Evelyn A. Baliton, Director Wilbert Candelaria, Mr. Fernando Mendoza, Atty. Alan Cañares, Atty. Faye Isaguirre Singson, Dr. Rosette C. Librea, Atty. Rawnsle Lopez, Atty. Paula Nuñez Public Attorney’s Office: Atty. Imelda Ganancial Courts Pillar Supreme Court–Program Management Office: Mr. Dennis Russel D. Baldago, Ms. Maryam Cecilia Mamorno, Mr. Nestor U. Venturillo Supreme Court–Office of the Court Administrator: Court Administrator Jose Midas P. Marquez, Atty. James Navarrete Court of Appeals: Presiding Justice Andres B. Reyes, Jr., Justice Noel G. Tijam, Atty. Rafael Celestino D. Del Rosario Court of Tax Appeals: Presiding Justice Ernesto D. Acosta, Atty. Rene D. Natividad, Atty. Roseller P. Villarubia Sandiganbayan: Atty. Mary Ruth Milo-Ferrer, Ms. Sandra P. Calugay Corrections Pillar Bureau of Corrections: Mr. Alfredo C. Benitez, Mr. Rollo Alarcon, Dr. Cynthia Andrada, Mr. Roger Boncales, Mr. Jose O. Magno, Mr. Teodoro G. Orbina, Mr. Marlon Morales, Mr. Resurrecion S. Morales, Ms. Teresita Trasmonte, Mr. Ernesto L. Tamayo, Ms. Elsa Alabado, Ms. Nora Corazon Padiernos, Ms. Maria Cielo Monsalud Bureau of Jail Management and Penology: Director Rosendo M. Dial, SSupt. Dennis Rocamora, JSInsp. Alvin C. Arabbi, Insp. Denver Q. Beltran, J02 Andrew C. Imatong, NUP Marilou Sanchez-Reyes Parole and Probation Administration: RD Manuel G. Co, ARD Edita K. Buemio, Ms. Lorna Yumul, Mr. Rodolfo Pascua, Mr. Jose B.A. Orendum, Mr. Hector S. Cabotan Board of Pardons and Parole: Atty. Ernesto P. Dizon, Ms. Yolanda B. Carlos iv EXECUTIVE SUMMARY EXECUTIVE SUMMARY Recognizing the link between access to justice and economic development, the Medium-Term Development Plan for the Pillars of the Philippine Criminal Justice System (2010-2016) (MTDP for the CJS) was developed to further enhance access to justice in the country. This goal will not, however, be realized if the institutions tasked with the implementation of the plan do not have the requisite capacity needed for the effective and efficient delivery of public service. After all, “capacity,” as defined by the United Nations Development Programme, is the “ability to solve problems, perform functions, and set and achieve objectives.” To determine the capacities of the pillars of the Criminal Justice System, it is therefore imperative that an assessment be conducted. Undertaking a capacity assessment is a daunting task that involves more than a cursory examination of the institutions involved. It requires an in-depth understanding of how the Criminal Justice System works as a whole – the interdependence between and among the pillars. While most assessments have steered towards a sector-based approach in capacity assessment, institutions must not be neglected because as “duty bearers,” they ultimately are responsible for the effective implementation of the plan. Hence, this Report creatively combined the two approaches. Insufficiency of funds is a common problem plaguing the pillars. This is expected considering that the budget allocation for the entire Criminal Justice System is less than 10 percent of the total national budget. Moreover, a bulk of the allocated budget goes to personnel services with a small amount remaining for the institution’s programs and activities. Most difficulties consequently stem from this problem: lack of personnel; inadequate facilities; slow disposition of cases; congestion of courts; overcrowding of jails; and non-implementation of laws. These obstacles, however, should not be used as an excuse not to deliver basic services. Given the limited resources, each pillar must learn how to work with the resources available to them. Guided by the “Social Contract” of President Benigno Simeon Aquino III, the pillars of the Criminal Justice System strive to strike a balance between the provision of an enabling environment for investment and the upholding of human rights. Thus, the current MTDP for the CJS seeks the enforcement of the rule of law, which in turn, leads to increased access to justice. While most of the activities in the MTDP for CJS are laudable, the pillars must put into place mechanisms that would monitor and evaluate the effective implementation of programs. Only if such mechanisms are in place will the government realize the gaps and come up with solutions to bridge the identified gaps. There is still a need to continue improving the system. Legal awareness must be increased. Public confidence must be strengthened to ensure that judicial institutions will perform in an efficient, neutral and professional manner. Moreover, strengthening enforcement and oversight mechanisms are also needed. Admittedly, it cannot be expected that changes will happen overnight. The shift of perspective as well as the change in perception is a gradual process. With increasing support from the national government, however, and the current thrust of the MTDP, there is much optimism that justice will be rendered more accessible to the public. ASSESSMENT OF THE CAPACITY OF THE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM v BRIEF PROFILE OF THE RESEARCH TEAM MEMBERS Atty. Cecille L. Mejia Atty. Cecille L. Mejia is the principal researcher for this project. She is currently an associate lawyer at the Puno & Puno Law Offices. She graduated in 2007 with Second Honors from the Ateneo de Manila School of Law. She ranked seventh in the 2007 Bar Examinations. Atty. Mejia was a recipient of the Riyoichi Sasakawa Young Leaders Fellowship Fund from 2005 to 2007. Her published work includes “A Review of the Economic Decisions by the Supreme Court: An Excerpt,” in A Reference Manual for Capacity Building on Law and Economic Development Issues for the Philippine Judiciary. Atty. Belinda M. Atienza Atty. Belinda M. Atienza is currently an associate lawyer at the Ferrer & Associates Law Offices. She is a 2010 Post Graduate Diploma candidate of the National Academy of Legal Studies and Research (NALSAR) University of Law, International Committee of the Red Cross scholarship. She obtained her Juris Doctor degree from the Ateneo de Manila School of Law in 2005. Atty. Atienza was also involved in the Philippine Judicial Academy’s project with the Ateneo Law School and the British Embassy, Capacity Building on Public and Private International Issues for the Philippine Judiciary. Atty. Pamela Alquisada Atty. Pamela Alquisada graduated in 2009 with Second Honors from the Ateneo de Manila School of Law. She was a member of the Board of Editors of the Ateneo Law Journal (Volumes 52 and 53) and was lead editor for Volume 53, Issue 3 (Updates on Commercial Law). Her written works include, Reconciling Trade and Environment: GATT Article XX Exceptions, the Chapeau and the JPEPA, 53 ATENEO LAW JOURNAL 1022 (2009); Asserting Borders on Hazardous Wastes: Assessing the Validity of the Japan Philippine Economic Partnership Agreement vis-à-vis Customary and Peremptory Norms Under International Environmental Law (Juris Doctor Thesis 2008); and RUSSIA v. GEORGIA: All Eyes on South Ossetia, The Palladium, Ateneo Law School Student Publication. Atty. Alpheus T. Villaluz Atty. Alpheus T. Villaluz graduated with a degree of Juris Doctor from the Ateneo de Manila University School of Law in March 2010 and passed

Load more