SUPREME COURT OF THE PHILIPPINES DEPARTMENT OF JUSTICE UNITED NATIONS DEVELOPMENT PROGRAMME PHI/02/007 – JUDICIAL REFORM: STRENGTHENING ACCESS TO JUSTICE BY THE DISADVANTAGED THE OTHER PILLARS OF JUSTICE THROUGH REFORMS IN THE DEPARTMENT OF JUSTICE DIAGNOSTIC REPORT JUNE 2003 CENTER FOR PUBLIC RESOURCE MANAGEMENT, INC. Consultants, inc PHI/02/007 – JUDICIAL REFORM: STRENGTHENING ACCESS TO JUSTICE BY THE DISADVANTAGED STRENGTHENING THE OTHER PILLARS OF JUSTICE THROUGH REFORMS IN THE DEPARTMENT OF JUSTICE DIAGNOSTIC REPORT JUNE 2003 Government of the Philippines • United Nations Development Programme PHI/02/007 – Judicial Reform : Strengthening Access to Justice by the Disadvantaged Strengthening the Other Pillars of Justice through Reforms in the Department of Justice (DOJ) DIAGNOSTIC REPORT TABLE OF CONTENTS EXECUTIVE SUMMARY Chapter 1 GENERAL INTRODUCTION 1 Background of the TA 1-1 2 Project Objectives 1-2 3 Project Scope 1-2 4 Outputs of the TA 1-3 5 Organization of Report 1-3 Chapter 2 RESEARCH FRAMEWORK 1 Introduction 2-1 2 Institutional Framework 2-6 3 Assessment Approach 2-8 Chapter 3 LAW ENFORCEMENT 1 Introduction 3-1 2 Institutional Framework 3-1 3 Overview of Key Operations and Performance 3-4 4 SWOT Analysis 3-15 5 Internal Capacity Assessment 3-22 6 Implications for Reforms 3-46 Chapter 4 PROSECUTION PILLAR 1 Introduction 4-1 2 Institutional Framework 4-1 3 Overview of Key Operations and Performance 4-4 4 SWOT Analysis 4-20 5 Internal Capacity Assessment 4-26 6 Implications for Reforms 4-40 Chapter 5 CORRECTIONS PILLAR 1 Introduction 5-1 2 Institutional Framework 5-1 3 Bureau of Corrections 5-6 4 Parole and Probation Administration 5-31 5 Board of Pardons and Parole 5-47 Chapter 6 LEGAL ASSISTANCE 1 Introduction 6-1 2 Institutional Framework 6-1 3 Overview of Key Operations and Performance 6-8 4 SWOT Analysis 6-22 5 Internal Capacity Assessment 6-27 6 Implications for Reforms 6-33 Center for Public Resource Management, Inc. • CPRM Consultants, Inc. Government of the Philippines • United Nations Development Programme PHI/02/007 – Judicial Reform : Strengthening Access to Justice by the Disadvantaged Strengthening the Other Pillars of Justice through Reforms in the Department of Justice (DOJ) DIAGNOSTIC REPORT Chapter 7 INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) 1 Situation Review 7-1 2 Assessment and Information Systems 7-4 3 Internal Capacity Assessment 7-14 4 SWOT Analysis – Information Systems 7-16 5 SWOT Analysis – IT Governance 7-19 6 Reforms Directions 7-27 Chapter 8 SYNTHESIS AND STRATEGIC REFORM DIRECTIONS 1 Synthesis 8-1 2 Proposed Strategic Reform Directions 8-3 BIBLIOGRAPHY LIST OF TABLE S TABLE 3-1 Caseload Performance of the NBI, 1997-2002 Summary of All Cases 3-8 3-2 Annual Trends in Caseload and Clearance Rates Summary 3-9 3-3 Caseload Performance of the NBI, 1997-2002 Crime Case 3-9 3-4 Annual Clearance Rates Crime Cases 3-10 3-5 Caseload Performance of the NBI, 1997-2002 Service Cases 3-10 3-6 Annual Clearance Rates Service Cases 3-10 3-7 Caseload Performance of the NBI, 1997-2002 Miscellaneous Cases 3-11 3-8 Annual Clearance Rates Miscellaneous Cases 3-11 3-9 VAWCD-NBI Crime Cases Received and Terminated from Aug. 1996 – Dec. 2001 3-12 3-10 Treatment and Rehabilitation 1997-2002 3-13 3-11 Recruitment of Agents/Special Investigators 3-18 3-12 Deployment of Core Position, NBI 3-36 3-13 Deployment of Position by Major Functional Groupings 3-37 3-14 Actual Obligations per Expense Class, NBI, 1997-2001 3-43 3-15 Annual Increases in the Budget, NBI, 1997-2001 3-43 3-16 Actual Obligations per PPA, NBI, 1197-2001 3-44 3-17 Schedule of Income and Utilization from Clearance Fees, NBI, 1997-2001 3-45 3-18 Schedule of Income and Utilization from Clearance Fees, (in %) NBI, 1997-2001 3-45 3-19 Utilization of Income from Clearance Fees 3-46 4-1 Caseload of the NPS, 1997-2002, Summary of All Cases 4-12 4-2 Annual Clearance Rates 4-13 4-3 Annual Clearance Rates Preliminary Investigation 4-13 4-4 Caseload of the NPS, 1997-2002 Preliminary Investigation 4-14 4-5 Annual Clearance Rates, NPS Trial 4-14 4-6 Caseload of the NPS, 1997-2002, Trial 4-15 4-7 Annual Clearance Rates Legal Opinions and Legal Assistance 4-15 4-8 Caseload of the NPS, 1997-2002, Legal Opinions and Legal Assistance 4-16 4-9 Disposition of Cases at the RTC and MTC/MCTC/MTCC for Y2002 4-17 Comparative Data on Conviction, Acquittal, Archival and Dismissal Rates in the 4-10 4-18 NCR and the Regions for 1998, 1999, 2000 and 2002 Center for Public Resource Management, Inc. • CPRM Consultants, Inc. Government of the Philippines • United Nations Development Programme PHI/02/007 – Judicial Reform : Strengthening Access to Justice by the Disadvantaged Strengthening the Other Pillars of Justice through Reforms in the Department of Justice (DOJ) DIAGNOSTIC REPORT 4-11 Rate of Conviction, By Region, for the Year 1999 4-19 4-12 Prosecutors-Caseload Ration 4-20 4-13 Comparative Selection of Applicants By Agency Origin and Position Level 4-30 4-14 Basic Salaries of Prosecutors 4-33 4-15 Comparative NPS Budget 4-36 Ratio of NPS Obligations against Total DOJ-OSEC Actual Obligations, 1997-2001 4-16 4-37 (in thousand) 4-17 Actual Obligations per Expense Class, NPS, 1997-2001 (in thousand) 4-37 4-18 Actual Obligations peer Expense Class, DOJ, 1997-2001 (in thousand) 4-38 5-1 Prisons and Jails 5-5 5-2 National Prisons 5-7 5-3 Agency Jurisdiction on Prison/Jail Management 5-12 5-4 Prison Population and Capacity, 2002 5-14 5-5 Deployment of Core Positions 5-20 5-6 Annual Appropriations, BuCor, 1997-2001 5-22 5-7 Actual Expenditure, BuCor, 1997-2001 5-23 5-8 Per Capita Cost of Inmates, 1997-2001 5-23 5-9 Breakdown of Maintenance and Other Operating Expenses 5-24 5-10 Distribution of the Supplies and Materials Budget per Prisoner 5-24 5-11 Sources of Income, Per Colony 5-25 5-12 Summary of Production Income of the Operating Units 5-26 5-13 Schedule of Income and Expenses 5-26 5-14a Income and Expense Report, BuCor, 1998-1999 5-27 514b Income and Expense Report, BuCor, 2000-2001 5-27 5-14c Income and Expense Report, BuCor, 2000 5-27 5-15 Inventory, BuCor, 2002 5-29 5-16 Probation Investigation, 1997 5-35 5-17 Pre-Parole/Executive Clemency Investigation 5-35 5-18 Probation Supervision, 1997-2001 5-36 5-19 Parole Supervision, 1997-2001 5-37 5-20 Pardon Supervision, 1997-2001 5-37 5-21 Probation Workload Summary, 1997-2001 5-38 5-22 Authorized Positions, PPA as of December 31, 2002 5-44 5-23 Appropriations, 1997-2001 5-45 5-24 Actual Expense per Object Class, PPA, 1997-2001 5-46 6-1 Major Services, PAO 6-8 6-2 Specific Policies in Accepting Cases, PAO 6-9 6-3 Role of PAO in the Criminal Justice System 6-10 6-4 Caseload Performance of the PAO, 1997-2001 Summary of All Cases 6-14 6-5 Annual Clearance Rate Summary of Cases 6-14 6-6 Caseload Performance of PAO, 1997-2001 Criminal Case 6-15 6-7 Annual Trends in Caseload and Clearance Rates Criminal Case 6-15 6-8 Caseload Performance of PAO, 1997-2001 Civil Case 6-16 6-9 Annual Clearance Rates Civil Case 6-16 6-10 Caseload Performance of PAO, 1997-2001 Quasi-Judicial Cases 6-17 6-11 Annual Clearance Rates Quasi-Judicial Cases 6-17 6-12 Caseload Performance of PAO, 1997-2001 Appealed Cases 6-18 Center for Public Resource Management, Inc. • CPRM Consultants, Inc. Government of the Philippines • United Nations Development Programme PHI/02/007 – Judicial Reform : Strengthening Access to Justice by the Disadvantaged Strengthening the Other Pillars of Justice through Reforms in the Department of Justice (DOJ) DIAGNOSTIC REPORT 6-13 Annual Trends in Caseload and Clearance Rates Appealed Cases 6-18 6-14 Number of Clients Assisted in Limited Cases 1997-2001 6-19 6-15 Number of Clients Assisted in Non-Judicial Services 1997-2001 6-20 6-16 Number of Prisoners Served in Jail Visits 1997-2001 6-21 6-17 Ration Between PAO Lawyers and Courts 6-24 6-18 PAO Training Programs 6-30 6-19 Actual Obligations per Object Class, PAO, 1997-2001 6-32 6-20 Per Capita Cost of the Case 6-32 6-21 Comparisons of Increases in PS and Caseload 6-32 Criminal Justice Pillars Processes, Information Requirements and Supporting 7-1 7-8 Information Systems 7-2 IT Planning and Organizing Practices 7-21 7-3 IT Services Acquisition and Implementation Practices 7-23 7-4 IT Services Delivery and Support Practices 7-24 LIST OF FIGURES FIGURE 2-1 The Five Pillars of the Justice System 2-2 2-2 Capacity Assessment Framework 2-13 3-1 Current Organization Structure, NBI 3-6 4-1 Current Administrative Structure, NPS 4-3 5-1 Correction and Rehabilitation Process 5-2 5-2 The Existing Organization Structure of the Agency 5-8 5-3 Organization Structure of PPA 5-33 5-4 BPP Organization Structure 5-48 6-1 Organization Structure, PAO 6-7 6-2 Role of PAO in the Criminal Justice System 6-13 Center for Public Resource Management, Inc. • CPRM Consultants, Inc. Government of the Philippines • United Nations Development Programme PHI/02/007 – Judicial Reform : Strengthening Access to Justice by the Disadvantaged Strengthening the Other Pillars of Justice through Reforms in the Department of Justice (DOJ) DIAGNOSTIC REPORT EXECUTIVE SUMMARY 1 PROJECT OVERVIEW 1.1.1 The project, Strengthening the Other Pillars of Justice through Reforms in the DOJ is a joined undertaking of the Department of Justice (DOJ) , Supreme Court of the Philippines (SC) and the United Nations Development Programme (UNDP).The overall goal of the project is to contribute to the development of a speedy, impartial and accessible criminal justice system.