111TH INTERNATIONAL SEMINAR

VISITING EXPERTS’ PAPERS

TOWARDS A RESPONSIVE
CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES

Judge Lilia C. Lopez*

The criminal justice system of any of and problems faced, respectively, by the
society depends so much on the thorough, police, prosecutors and the judiciary.
efficient and effective functioning of the all
the principal actors involved in the
dispensation of justice. The efficient and I. SEPARATION OF POWERS IN
effective functioning of one component may THE PHILIPPINES
be hampered by the inefficiency and
The Constitution of the Republic of the
incompetence of the others. Thus
Philippines divides the government into
cooperation, and the coordinated and
three equal and co-ordinated branches,
concerted action of the police, prosecution,
namely, the legislative, executive and the
the judiciary, as well as the correctional
judiciary, each of which is supreme within
institutions, and most importantly, the
their respective spheres. Neither of them
community - the so-called pillars of the
may encroach upon the function or domain
criminal justice system - is necessary. That
of the other. The law-making function is
is, however, easier said than done,
lodged in the Philippine Congress,
especially in a country like the Philippines,
composed of the Senate, whose members
where the governmental agencies involved
are elected by the voters of the whole
are beset by financial, technological and
country, and the House of Representatives,
institutional constraints, and where the
whose members come from districts chosen
citizenry are increasingly becoming
by the voters therein. The executive
alienated from each other. Though it may
function, the duty to enforce the laws, falls
be a daunting task, the Government has
on the President of the Republic. It is to
continually instituted measures to
the Supreme Court and the other courts
responsibly address these problems.
created by law that the judicial function is
lodged.
The first part of this paper will deal
briefly with the five pillars of the criminal
Among these three branches, those that
justice system in the Philippines, under the
are directly involved in the administration
framework of a republican government as
of justice are the executive branch through
enshrined in the Philippine constitution.
the police and other numerous law
This will involve discussion on the doctrine
enforcement and prosecution agencies, as
of separation of powers, the different
well as the correctional institutions, and
branches of government involved and the
the judiciary. The agency primarily in
delineation of their function. Particular
charge of law enforcement is the Philippine
emphasis will be placed of the police, the
National Police, which is under the control
prosecutor and the judiciary. The second
of the Office of the President through the
part will be a discussion of the procedure
Department of Interior and Local
involved in law enforcement, prosecution
Government. There are also specialized
and trial of offenders, the current situation
agencies dealing with specialized cases
such as the Bureau of Internal Revenue,
* Executive Judge, Regional Trial Court, Philippines

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in charge of matters relating to taxation, with respect thereto, arrest suspects and
and the Immigration Department, on refer cases to the prosecuting arms of the
immigration matters. The National government.
Prosecution Service, under the Department
of Justice, is the principal agency in charge Within the police organizations, there
of the prosecution of offenders. There is, are departments tasked with investigating
h o w e v e r, a u n i q u e a g e n c y o f t h e complaints against erring officers, and
government which is the Office of the administrative tribunals that hear and
Ombudsman, charged with the prosecution decide the cases lodged against them. The
of certain crimes involving public officials efficiency and effectiveness of these bodies
or those connected with the performance help polish the image of the police
of public functions. organization as a body that the people can
rely on. There are also specialized agencies
whose duties are to enforce special laws
II. THE FIVE PILLARS OF THE relating to highly specialized matters such
CRIMINAL JUSTICE SYSTEM as immigration, tax, land, air and water
transport, and customs.
A. The Law Enforcement
The law enforcers are at the forefront of
B. The Prosecution
the criminal justice system of the country.
The prosecution function is lodged
They are the ones that directly deal with
mainly with the National Prosecution
the citizenry and are directly exposed to
Service, under the Department of Justice.
the criminal elements. There is, therefore,
It is composed of the Office of the Chief
the necessity for the members of these law
State Prosecutor, the Regional State
enforcement agencies to be well oriented
Prosecutor’s Office and the Provincial and
with, and trained in the ways of, the civil
City Prosecutor’s Offices. The Office of the
society.
Chief State Prosecutor has the following
functions:
Thus, the 1987 Constitution of the
Philippines mandated the creation of a
a) Investigate and prosecute crimes
police agency that is national in scope and
b) Decide appeals from decisions of the
civilian in character. Pursuant to this
provincial and city prosecutors
constitutional provision, a law was enacted
c) Investigate administrative charges
creating the Philippine National Police out
against prosecutors
of the defunct Philippine Constabulary and
its civilian component, the Integrated
The Regional Prosecutor ’s Office is
National Police. The said agency is charged
charged with the administrative task of
with the duties of crime prevention, law
supervising and coordinating the
enforcement, preservation of peace and
performance of the Provincial and City
order, as well as the internal security of
Prosecutors within the region. The
the government under the control and
Provincial and City Prosecutor’s Office is
supervision of the Department of Interior
the lowest in the administrative hierarchy,
and Local Government. Also performing
and is charged with the investigation and
law enforcement functions is the National
prosecution of all violations of penal laws
Bureau of Investigation, which is under the
and penal ordinances within their
control of the Department of Justice. These
respective territorial jurisdictions.
agencies are authorized to conduct
investigations of crimes, gather evidence

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There have been innovations instituted assistance to the needy, like the legal aid
by the prosecution department with regard programs of law schools recognized by the
to the handling of cases involving different Supreme Court, and the legal aid offices of
crimes. These innovations have been Bar Associations in the country. There are
geared towards a system of specialization also lawyers who do pro bono work for the
in the handling of criminal cases. On the underprivileged, aside from lawyers
level of the Provincial or City Prosecutor’s provided by the court when a litigant
Office, a small number of prosecutors have cannot afford the service of one.
been tasked with the prosecution of certain
crimes, particularly those involving These benevolent institutions and
sensitive matters like rape. Task forces individuals help immensely in the
have also been set up in the Office of the administration of justice, as they facilitate
Chief State Prosecutor like those involving the disposition of cases before the
abuse of minors, those affecting the prosecutors or the courts, not to mention
economy, etc. This specialization hastens their very important function in
the prosecution of cases, as the prosecutors safeguarding the constitutional rights of
assigned are familiar with the intricacies their clients.
and strategies in the handling of such
cases. C. The Judiciary
The judiciary is the final arbiter of
There are also specialized agencies controversies, of competing claims and
charged with prosecuting special cases. interests, including the determination of
Among these is the Office of the the guilt or innocence of a person charged
Ombudsman, created under the with the commission of a crime. The
constitution, and is independent of the judiciary in this country is composed of one
executive branch of the government. This Supreme Court, which is at the top of the
office is mandated among others, to judicial hierarchy, and the other courts
investigate and prosecute cases involving created by law.
public officials and employees who have
committed crimes in relation to their The independence of the judiciary has
employment. It is because of this function been strengthened under the 1987
that its independence is of paramount Constitution by giving it fiscal autonomy;
importance - the reason being to insulate administrative supervision and discipline
it from the political branches of the over its own personnel; and the
government. appointment of the members thereof by the
President alone, thereby shielding the
Another agency is the Commission on appointees from the pressure of party
Elections, charged with the enforcement politics which was prevalent in the past
and prosecution of all election offenses. selection process (requiring the
This is also independent of the three main confirmation of the appointees by the
branches of the government. There are also Commission on Appointments, composed of
public defenders being paid by the the members of Congress). Further, the
government to render legal services for justices of the Supreme Court are only
those who cannot afford to pay their own. removable from office by impeachment and
That agency of government is known as the conviction of a culpable violation of the
Public Attorney’s Office. There are also constitution, treason, bribery, graft and
institutions or individuals outside the corruption, other high crimes, or betrayal
government that are offering legal of the public trust. This enumeration is

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exclusive and the power to impeach and people in the programs and projects of the
convict lie with the Senate and the House government, even those that are not
o f R e p r e s e n t a t i v e s , r e s p e c t i v e l y. necessarily connected with the
Furthermore, the judiciary has a system administration of justice, contribute to the
of policing its own ranks so as to rid itself lessening of crimes, as their efforts are
of incompetent judges and other erring diverted to more productive matters. They
court personnel. can also contribute immensely in solving
crimes by assisting in police investigations,
The other courts created by law are, giving testimonies, providing leads and the
amongst others, the Court of Appeals and arrest of criminals. Included as part of the
the constitutionally mandated community are the government agencies
Sandiganbayan, which are collegiate courts not involved with the administration of
and exercise appellate jurisdiction over the justice, as well as the members of the
Regional Trial Courts; the Municipal or private sector.
Metropolitan Trial Courts; and lately, the
Family Courts in appropriate cases. The
Sandiganbayan and the Family Courts are III. PROCEDURES IN THE
specialized courts that deal with offenses ADMINISTRATION OF JUSTICE IN
involving government officials and those THE PHILIPPINES
involving the family and minors
At present, the types of crime that have
respectively. These courts, due to their
gained media prominence, and thus have
specialization, expedite the proceedings
been given particular importance, are those
before them, because of the knowledge that
so-called heinous crimes involving the
the judges have acquired in the course of
imposition of the death penalty. Included
their service, and at the same time, serving
are the crimes of rape (committed under
the interests of the persons for which those
certain circumstance specified in the law),
courts were designed to protect. This is
murder and illegal drug trafficking,
without prejudice, however, to the
amongst others. Regardless however of the
constitutionally protected rights of the
type of crimes committed, be they heinous,
accused.
serious or light, the procedure for the
investigation, prosecution and trial of the
D. The Correctional Institutions
cases is more or less the same, except for
The agencies involved in the punishment
those triable under the rules of summary
of convicts all fall under the executive
procedure, whereby no trial is conducted
department of the government, such as the
and the judgment is based merely on the
Bureau of Jail Management and Penology,
affidavits submitted.
which is charged with the incarceration of
non-minor convicts, and the Department
A. The Law Enforcement Process
o f S o c i a l We l f a r e a n d C o m m u n i t y
The law enforcement process begins the
Development, who run correctional
moment the crime is reported or a
institutions for youth offenders. 1
complaint is filed before the police. The
police then conduct an investigation of the
E. The Community 2
crime, take the testimonies of the
The members of the community play a
witnesses, collect the evidence available
very important role in the criminal justice
system. It is from their ranks that the
and take steps to apprehend the offender. 3
The arrest of the perpetrator does not
offenders come and it is with them that
ordinarily happen without the warrant of
they will end up. The involvement of these

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arrest, as required by the Constitution, Preliminary investigation is defined as

UNLESS unless the arrest of the person suspected the proceedings for the determination of
warrant of the crime falls within the exceptions from whether there exists sufficient ground for
the necessity of a warrant recognized under believing that a crime, cognizable by the
the law. Regional Trial Courts, has been committed,
and that the respondent is probably guilty
In cases where the offender is caught by thereof. At this stage, the suspect and the
the police in the act of committing, private complainant are given the
attempting to commit or having just opportunity to present their case before the
committed the crime, the suspect is prosecutor. The prosecutor usually does
detained and is subjected to a process called either of these:
an ‘inquest’. An inquest is a procedure
whereby a prosecutor is immediately i) dismiss the case for lack of a prima
available after the arrest of the suspect to facie case to charge the respondent
determine whether a crime was committed for the alleged crime;
and the person arrested is the one ii) f i n d s t h a t a c r i m e h a s b e e n
responsible. This process is sometimes committed and that the respondent
called an abbreviated preliminary charged with the crime is probably
investigation. the perpetrator.

When the prosecutor finds that a crime When the first is done, the complainant
has been committed and the person is may seek a reconsideration of the decision,
p r o b a b l y g u i l t y, s / h e p r e p a r e s a or appeal the ruling to the Secretary of
recommendation to the provincial or city Justice, who may direct the prosecutor to
prosecutor for the filing of an information file the case if they find merit in the petition
against the detained person. If on the other or affirm the decision of the prosecutor.
hand, no cause is shown to exist, or the
person detained does not appear to be the Under the old rules of jurisprudence, the
one responsible for the crime, the prosecutor has much leeway in deciding to
prosecutor directs the officer in charge of file the case or not. The discretion lies
the detention facility to set free the solely on them such that no one, not even
prisoner. the courts, can substitute their judgment
for that of the prosecutor, save on certain
B. The Prosecution Process occasions when the latter may have gravely
Once the police are through with their abused such discretion. This is true even
investigation of the case, they forward their in the case of a reversal of a dismissal order
findings to the prosecutor for the proper of the prosecutor by the Secretary of
procedures. The prosecutor is, as a general Justice, where the prosecutor is of the
rule, a passive subject, with the prosecution conviction that there is insufficient
of the case being dependent largely on the evidence to warrant the filing of the case
efforts and determination of the in court. What is usually done in this case
complainant or the aggrieved party. The is that the Secretary of Justice appoints
latter may dismiss the case outright if the another prosecutor to handle the case.
facts do not warrant a prima facie case or, However, under the prevailing rule, as long
as is usually done, set the case for as there is a finding of a prima facie case,
preliminary investigation. the prosecutor is duty bound to prepare an
information against the accused.

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The action of the prosecutor on a case C. The Judicial Process

is, as a matter of practice, dependent In the Philippines, the very title of the
largely on the evidence presented by the criminal case is frightening. It is entitled:
complainant and/or the police, and the People of the Philippines versus [the name
determination of the latter to pursue the of the accused person]. The moment a
case. Otherwise, as is often done, the case prosecutor has made a determination that
is dismissed even when the evidence there exists a prima facie case, the
warrants a finding of the commission of a information is then prepared and filed
crime, even though it does not appear that before the court, after which it undergoes
the respondent charged by the complainant a case processing system and is allocated
is the one probably guilty. It is only on rare to the proper court. Immediately
occasions, and most of the time when t h e r e a f t e r, t h e c o u r t a s s e s s e s t h e
pressured by the media, that the prosecutor information, the record and the evidence
would direct the police to collect more submitted, and the judge then makes a
evidence to establish the perpetrator of the determination as to whether or not the
crime. This hesitation to, or predisposition accused is probably guilty, warranting his/
not to, direct the police to further her arrest. It is therefore not the duty of
investigate the case stems from the fact the courts to issue a warrant of arrest. The
that under our system, the police are not court issues a warrant for arrest which is
subordinate to prosecutors; not to mention addressed to a peace officer. The officer
the fact that they belong to different then serves the warrant on the person
departments of the executive branch. named therein, and commits the latter into
prison. In our jurisdiction, all accused
The dismissal of the case however does persons have the right post bail, save in
not constitute a bar to the re-filing of the cases of crimes punishable by reclusion
same, especially when the grounds for re- perpetua, life imprisonment and death,
filing is insufficiency of evidence. The effect where the evidence of guilt is strong.
of a dismissal of the case by the prosecutor
is unlike that effected by a court, which After the filing of the information, the
may constitute a legal bar for the filing of court will, without delay, set the date for
the same case against the same accused - arraignment of the accused, which must be
what is termed as ‘double jeopardy’. within thirty days from the filing thereof.
At this stage, the accusation against the
It is also at this stage that settlement of accused is read before them in open court
the case is greatly encouraged between the (in a language known to them) and s/he is
parties involved. Furthermore, the required to make a plea thereon. When
government has set up a mechanism called the accused enters a plea of guilty, the court
the Barangay Conciliation Panel for the will painstakingly explain to the accused
settlement of cases between parties the consequences of their plea. If, despite
residing in the same town or city involving such explanation, the accused still
non-serious offences; specifically those maintains their plea, the court directs the
crimes that the punishment for which does prosecutor to present the evidence against
not exceed one year imprisonment. This the accused, which does not require a
program has been devised not only to limit prolonged trial. According to recent
the cases being filed in court, but more jurisprudence involving the death penalty,
importantly, to preserve the good relations the court is duty bound to conduct a full
of the inhabitants within the same locality. trial to determine the exact participation
of the accused in the crime charged. When

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the accused pleads not guilty to the crime time period is not fixed, as the law allows
charged, or refuses to enter a plea, or pleads certain delays that may be excluded from
guilty to a lesser offence, which is the required time limit. The circumstances
equivalent to a plea of not guilty, the court whereby exclusions are allowed are
enters a plea of not guilty on the records. numerous and may ultimately defeat the
purpose of setting a time limit.
Before trial of the case on its merits, it
is now mandatory that the case is set for The order of trial of the case depends
pre-trial conference, whereby efforts to upon whether the accused interposed a
amicably settle the dispute are exerted in negative or affirmative defence. If a
order to avert trial, or matters are agreed negative defence is interposed, which is
upon to expedite the trial. This stage has normally the case, the trial begins with the
recently been made mandatory under the presentation by the prosecution of the case
newly enacted Speedy Trial Act of 1998 against the accused. The witnesses of the
(Republic Act No. 8493). Matters for prosecution, after the presentation of their
consideration during this stage of the testimony, are cross-examined by the
proceeding are: defence. After all the evidence of the
prosecution has been presented, the
(a) Plea bargaining; defence present its case, with the
(b) Stipulation of facts; presentation of all their evidence.
(c) Marking for identification the
evidence of the parties; When the accused interposes an
(d) Waiver of objections to admissibility affirmative defence, the order of the trial
of evidence; and is slightly changed, with the defence first
(e) Such other matters that will promote presenting their case followed by the
a fair and expeditious trial (Sec. 2 prosecution. Such inverted procedure is
R.A. No. 8493). necessitated by the nature of an affirmative
defence, which essentially admits the
Matters agreed upon by the parties are commission of the acts charged but
inadmissible as evidence against the advances certain circumstances which
accused, unless the same is reduced to would serve to exculpate the accused from
writing and signed by the accused and their criminal liability.
counsel. Furthermore, non-appearance in
the pre-trial conference by the counsel for It is also during the trial of the case that
the accused or the prosecutor will be subject the parties must present evidence which
to sanctions at the discretion of the judge. may aggravate or mitigate the crime
committed by the accused. Otherwise, they
The case is then set for trial which, are waived and may not be considered by
according to the Speedy Trial Act, must be the judge in the sentencing of the accused.
continuous and on a “weekly or other short- After all the evidence has been presented,
term trial calendar at the earliest possible the case is then submitted for decision,
time”, but within thirty days from the date unless the court requires the submission
of the arraignment. There is also a time of written memoranda or allows the counsel
limit for the duration of the trial which is of the accused and the prosecutor to present
one hundred and eighty days from the first their respective arguments orally.
day of trial. These time periods have been
imposed to counter delays in the It is during the trial that the rules of
dispositions of cases. However, the said evidence come into play. The rules of

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evidence however have not yet been months for lower collegiate courts, like the
adapted to the possibilities opened up by Court of Appeals and the Sandiganbayan;
technological advances, particularly in and three months for other lower courts.
the fields of computers and In deciding the case, the Constitution
telecommunications. The use of this requires that judge set forth clearly and in
technology in the courtroom would speed writing the facts and law on which it is
up the trial of the case as there would be based, considering only the evidence
no need, for example, for the persons presented in the proceedings.
testifying to appear before the court
personally. Thus, delays due to the D. Remedies for the Accused
unavailability of witnesses will be avoided, When the court finds that the evidence
and precious resources of time and money against the accused is insufficient to
will be saved. convict, the accused is acquitted and no
accusation based on the same act(s) can be
During the trial of the case, a person filed against them, nor can an appeal be
included in the information may be made therefrom because of the principle of
discharged as an accused and become a double jeopardy.
witness for the State, if the testimony of
the same is indispensable to the successful If, on the other hand, the court convicts
prosecution of the case against the other the accused because, in its view, guilt of
accused. The discharge must be agreed the crime charged has been established
upon by the accused themself and approved beyond reasonable doubt, the latter may
by the court. The discharged accused then move for a new trial or reconsideration.
becomes a State witness and qualifies The motion for a new trial may be based
under the witness protection program of on either of the following grounds:
the government if s/he applies for and
meets the qualifications set by the law. In (a) That errors of law or irregularities
order to be admitted to the witness have been committed during the trial
protection program, one does necessarily prejudicial to the substantial rights
have to be an accused discharged from the of the accused;
information. They may be a witness in the (b) That new and material evidence has
commission of the crime and their been discovered which the accused
protection is necessitated by considerations could not, with reasonable diligence,
for their safety. Those admitted to the have discovered and produced at the
program are entitled to police protection trial, and which if introduced and
and are most of the time, placed in a safe admitted, would probably change the
house. This arrangement facilitates and judgment.
makes available the witness when called
to testify before the court. The motion for reconsideration may be
based on errors of law or fact in the
After the trial is finished and the case is judgment.
submitted for decision, the court where the
case is pending must render judgment The accused may, in lieu of the
within the time directed by the aforementioned remedies, or after the
Constitution. Otherwise, the judge denial of the motion, appeal to the Court
involved will suffer sanctions. The time of Appeals or the Supreme Court within the
limit for rendering judgment is twenty four period set forth in the law. In cases
months for the Supreme Court; twelve involving the sentence of death, however,

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the law provides for automatic appeal of and enforcement of constitutional rights,
the same to the Supreme Court. In case pleadings, practice and procedure in all
the appeal is found to be without merit, and courts, admission to the practice of law, the
the conviction is affirmed, the case will be Integrated Bar, and legal assistance to the
remanded to the court of origin for underprivileged. Such rules are intended
execution of the judgment. The court of to simplify and render inexpensive the
origin will set a date for the accused to procedure for speedy disposition, which
appear before the court for the enforcement shall be uniform for all courts of the same
of the judgment. The court will then issue grade, and shall not diminish, increase, or
an order committing the convict to a penal modify substantive rights.
or correctional institution for serving their
sentence. Special courts and quasi-judicial bodies
have the same power to promulgate rules
E. Other Functions of the Court governing their procedure, and such rules
In our jurisdiction, adjudication is not shall remain effective unless dispproved by
the sole function of the courts. It has other the Supreme Court. Other Courts may also
powers and duties as well. lay down rules applicable to proceedings
before them, or in respect to their premises
The Supreme Court, under the and facilities.
Constitution, has administrative
supervision over all courts and the F. Delay and Inefficiency in Court
personnel of the said courts. It has the Proceedings
power to discipline judges of lower courts The Honorable Chief Justice, Andres
and order their dismissal by a vote of a Narvasa, in his handbook on courts, cited
majority of the members who actually took the following causes for case delay, namely:
part in the deliberation of the case and
voted thereon. In the same manner, the (a) an increase in the number of cases
Supreme Court has the power to discipline filed over the years due to the
attorneys and may disbar, suspend or heigtened awareness of people of
impose such penalty as it may deem proper, their rights and privileges, the
for violation of the Code of Professional enactment of new laws and rules, as
Responsibility. well as increased government actions
affecting private individuals;
The Court of Appeals and the Regional (b) the lack of courts, and slowness or
Trial Court may suspend an attorney from difficulty in filling up vacancies;
practice for any of the following acts or (c) the small budget allocated to the
omissions: lie, deceit, malpractice, gross judiciary;
misconduct in office, grossly immoral (d) the complexity of the rules of
conduct, conviction of a crime involving procedure;
moral turpitude, violation of the attorney (e) t h e i n a d e q u a c y o r f a i l u r e i n
oath, wilfull disobedience of any lawful cooperation of court-related agencies
order of a superior court, or corruptly or and officers.
willfully appearing as an attorney for a
party to a case without authority so to do. These problems, according to the
Honorable Chief Justice, are being dealt
The Supreme Court of the Philippines, with. According to him, appeals to the
under the Constitution, has the power to Congress for increased funding have been
promulgate rules concerning the protection answered favorably; “The Judicial and Bar

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Council continues to meet regularly to and/or modification of the Rules of

submit to the President nominations for Court for the purpose of attaining
vacancies in the judiciary. Coordination of speedy administration of justice;
the courts with other pillars of the CJS is (c) Work for the full realization of the
pursued and fostered. The Supreme constitutional autonomy of the
Court’s Standing Committee on the Judiciary, in order to achieve its true
Revision of the Rules of Court continuously independence; and
review the procedural law with a view to (d) T h e g r a n t o f a w a r d s a n d / o r
amendment and refinement, so that recognition to deserving judges and
procedures will be further simplified, court personnel through the merit
rendered more inexpensive, and conducive system.
to the speedy disposition of cases.
Significant revisions to this end have been The first strategy was prioritized by the
proposed by the Committee promulgated courts pillars and a series of symposia were
by the court, and are now in force,” conducted nationwide, which were test-
particularly the Rules on Civil Procedure. piloted at the University of the Philippines
Law Center in Diliman, Quezon City.
Furthermore, according to him, “In the Workshops were conducted during the
very nature of things, litigation takes time. symposia to find out the perception of
Time is needed to serve the process by participants of the workings of the courts
which parties are brought within the and what the public could do to help in the
jurisdiction of the courts; to enable the administration of justice. The following
parties to fully express to the court their recommendations were made:
basic theories of the case; to enable them
to present evidence in proof of their (a) Expansion of the jurisdiction of the
averments, for the court to consider the Municipal Trial Court. The distance
proof after trial and render judgment; for and travel time of litigants/
a party adversely affected by a judgment respondents who come from far-flung
to seek modification or reversal thereof by areas hamper the speedy resolution
appeal or otherwise; for the appellate of the case;
tribunal to be informed of the parties (b) Provision in every municipality for a
positions and proof, study the case and M u n i c i p a l Tr i a l C o u r t a n d
decide on it. The law sets definite periods prosecutor;
for the various steps and processes in (c) Translation of case decisions in a
litigation; and so long as litigation moves dialect that will be understood by the
apace with these periods, no matter how accused/respondents;
measured the movement, there can be no (d) Inclusion in the school curriculum
legitimate complaint about delay.’’ subjects regarding the criminal
justice system, particularly the
G. Strategies operational system and workings of
The courts pillars have adopted the the courts, so as to inform the public
following strategies under the 5-Year on how the criminal justice system
Master Plan of Action for Peace and Order: in the Philippines works;
(e) Institutionalization of an indigenous
(a) The dissemination of information system of settling disputes in the
regarding the working and judicial system; and
procedures of the courts; (f) Creation of a committee to monitor
(b) The continuing revision, amendment and determine the performance of

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VISITING EXPERTS’ PAPERS

judges and the number of cases guidelines in the filing and prosecution of
assigned to a particular sala vis-a-vis criminal actions under Batas Pambansa
the number of cases acted upon. Bilang 22, otherwise known as the
Bouncing Checks Law, and the court
An assessment and evaluation of the approved the circular in respect thereof.
symposia was made by the participants as The following recently enacted laws were
follows: also discussed by the Committee:

(a) T h e s y m p o s i a p r o v i d e d m o r e (a) Republic Act No. 8358, “An Act

information and familiarization on Expanding the definition of the crime
the operational system and workings of rape, reclassifying the same as a
of the judicial system; crime against persons”.
(b) Similar symposia must be conducted (b) Republic Act No. 8369, “An Act
from the provincial level down to the establishing Family Courts granting
barangay level. Lectures should be new exclusive original jurisdiction
translated into the dialect of the area; over child and family cases.”
(c) The symposia enlightened the minds (c) Republic Act No. 8493, “An Act to
of those with negative beliefs about ensure a speedy trial in all criminal
the judicial system and provided cases before the Sandiganbayan,
public awareness of the criminal RTC, MTC, MCTC, appropriating
justice system as a whole; funds thereof and for other purposes.”
(d) The symposia provided clear vision
on the jurisdiction of the different For the full realization of judicial
courts such as the MTC, RTC, Court independence, the proposal of the Judicial
of Appeals and the Supreme Court; Department to Congress for an increase in
(e) Participants gained insights on the its budget has been favorably acted upon
actual situation in the courts and the by the latter, and other departments of the
causes of delay in the disposition of government have respected the fiscal
cases; and autonomy of the judiciary. The court will
(f) Participants from different sectors continue to ask the legislature for greater
were given a chance to voice out their allocation for the Department to enable it
opinions and problems they are to put in place constructive judicial
encountering in the judicial system. reforms; continue judicial training and
education programs in full operation;
Regarding the revision, amendment and/ implement the Family Court system;
or modification of the Rules of Court for provide more incentives to present
the purpose of attaining speedy incumbents at all levels of the court, as well
administration of justice, the Supreme as candidates for the bench; and for the
C o u r t , a f t e r p a i n s t a k i n g s t u d y, completion of it computerization program.
promulgated the New Rules on Civil
Procedure April 8, 1997, made effective last To inspire members of the bench to excel
July 1, 1997. in their chosen fields, an annual grant of
awards for outstanding trial court judges,
The Committee on the Revision of Rules, prosecutors and public defenders is given
since 1997, continued its meetings for by a private foundation. The objectives of
tackling the proposed amendments to the this merit system are to give honor and due
Rules on Criminal Procedure. The recognition to outstanding judges, public
Committe likewise discussed the rules and prosecutors and public attorneys, and to

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encourage exemplary performance and

conduct among public servants,
strengthening citizen’s faith and confidence
in the rule of law.

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