B.

PROSECUTION – THE SECOND PILLAR

1. The Role of the Prosecutor

Within the Philippine legal context the prosecutor (formerly known as Fiscal) occupies a
unique position in our criminal justice system.

Serving as the lawyer of the state/government in criminal cases, the prosecutor is

automatically considered an officer of the court; at the same time, the prosecutor is formally
a member of the Department of Justice, under the Executive Branch of the government, and
is thus independent from the judiciary.

The fact that prosecution in criminal cases is initiated on behalf of the people (the state
the accused) rather than on behalf of the individual victim or complainant, our prosecutorial
agencies are categorized as follows:

 Provincial/City Fiscal/Chief State Prosecutor

 Assistant Fiscal/State Prosecutor

Those agencies with its prosecuting arms play, perhaps, the crucial roles in the
administration of criminal justice because they occupy a central and very important position
between the police and the courts.

2. The Prosecutor and the Police

The Prosecutor, like the police, has a wide latitude of discretion. In fact, in most cases,
the prosecutor has absolute, unrestricted discretion in the performance of his duties.

Prosecutorial discretion typically enters the picture immediately after the arrest, when
police investigative reports are forwarded to the prosecutor for review.

The prosecutor screens and evaluates the document in order to decide whether to accept
or reject the case for prosecution.

Hence, the action for prosecution is dependent upon the police action whereby, the
criminal justice relies on:

 The certainty of arrest by the police.

 The certainty of conviction by an effective prosecution.
 The certainty of appropriate sentencing by the court.

From the aforecited interaction, it is obvious that police is the prime mover in the
criminal justice system.

Unfortunately, since the certainty of punishment depends mainly on the effective

prosecution and appropriate sentencing, the initial step in deterring criminal activities is the
responsibility of the prosecutor.
3. Prosecutorial Interaction: Effect to the System

Because of delays and other problems associated with prosecution, often the offenders
are not convicted. Delays in prosecution, often brought about by negative attitudes of the
police, inevitably work to the advantage of offenders, reducing severely the like-lihood of
punishment.

In our criminal justice system prosecution stands as its second pillar, next to the police.
Because the police are the first link in the system, an immediate working relationship
between the police and the prosecution exists.

The effectiveness of the prosecutor is dependent upon the immediate and full cooperation
of the arresting officers so that the case could receive immediate prosecutorial action.
Because of an immediate working relationship between the police and the prosecutor, this
gives the prosecutor an opportunity to be involved in the investigative process in order:

 To evaluate the legal strength of the case.

 To review the action, taken by the police while the facts are still fresh.
 To make better and informed decisions concerning the state’s course of action. . . . .

Hereunder are newspaper clippings which depict the inability of the prosecutor to
prosecute because of the inaction of the police:

“POLICE BLAMED FOR INACTION ON ILLEGAL

RECRUITMENT CASES”

“ The government task force on illegal recruitment

said yesterday many illegal recruitment cases could not be
prosecuted because the police not served warrants of arrest
issued against the accused.

“ Assistant Chief State Prosecutor Francisco Santos,

task force chairman, said that in Metro Manila alone, 87
warrants of arrest issued by the courts against persons
accused of illegal recruitment have remained unserved by
the police.

“ In addition to this, he said, 12 similar cases pending

in various Metro Manila courts have been shelved due to
failure of the accused to appear in court.

“ The Task Force, which is based at the Ministry of

Justice, is a joint undertaking of the justice ministry and
the Ministry of Labor and Employment.
 “ Santos called on the police to act on serving
warrants of arrest on persons facing illegal recruitment
charges so as not, he said, to delay their prosecution.

“ He said he would also work for the appointment of

special prosecutors in Metro Manila courts to help fiscals in
the prosecution of illegal recruitment cases.

“ Subpoena servers have the bad habit of serving the

subpoena on the complainant first, on some pretext or
another to exact money on an or-else basis. No money, no
service of subpoena. This is most unfair to poor
complainants. This is why wanted persons remain at large
almost indefinitely. The subpoena servers should be given
a specific time for serving the subpoenas. Obviously,
fiscals and courts tolerate this form of blackmail on
complainants.”

“ From Teodoro F. Valencia’s column – Over a Cup of

Coffee, Daily Express issue of August 31, 1983.

“COPS LOSE INTEREST AFTER CASE”

“ Nineteen of 27 cases involving raids on lewd shows

and sauna baths in Quezon City last year have been
dropped for lack of evidence and the failure of arresting
lawmen to appear in court, Quezon City Fiscal Sergio A. F.
Apostol said yesterday.

“ Apostol, however, said he will revive the 19 cases

and order the principal witnesses, including police and
military personnel, to explain why they have failed to
appear in court”.

“ From the Daily Express issue of August 31, 1983

 The prosecutor, like the police, has a wide latitude in the exercise of discretion. In fact,
in most cases, the prosecutor has absolute, unrestricted discretion in the performance of duty.

Prosecutorial discretion typically enters the picture immediately after the arrest. An
especially important factor that influences the decision to charge a person with a crime is the legal
strength of a case. If a prosecutor is convinced that the documents submitted by the police merits
prosecution, cause, a preliminary investigation shall be conducted.

4. Preliminary Investigation

Definition – Section 1 of Rule 112 of the Rules of Court in the Philippines, Part III,
Criminal Procedure, defines:

“ Preliminary investigation is an inquiry or proceeding for the purpose of determining

whether there is sufficient ground to engender a well-founded belief that a crime cognizable
by the Regional Trial Court has been committed and that the respondent is probably guilty
thereof, and should be held for trial.”
(la)

The inclusion of preliminary investigation as a topic in our study of Criminal Justice

System is not to becloud the young minds of our students with the intricacies of Rule 112,
Rules of Court, Part III, Criminal Procedure, but simply to acquaint them with the “new rules
wherein the two stages of preliminary investigation were merged in Section 1 of the present
Rule 112, thus simplifying and shortening the old procedure of preliminary investigation.

“Furthermore, P.D.’s Nos. 77 and 911, as well as Republic Act No. 5180, which were
enacted into law purposely to shorten or hasten preliminary investigation which has been the
subject of complainants not only from the public but also from judges, fiscals and lawyers,
were all merged in Section 3 of the new rule entitled, “PROCEDURE.”

As a recall, prosecution is the second pillar in the Philippine criminal justice system. It is
the closest link between the police and the court. It is the prosecutor who examines the
evidence presented by the police and evaluates for submission to the court.

Originally, P.D. 911, which took effect on March 23, 1976, has for its main objective:

 To hasten investigation of criminal complaints involving grave felonies punishable

by death, life imprisonment, reclusion temporal and prison mayor, or cases
cognizable by criminal courts.

Because the prosecutor has absolute, unrestricted discretion in the performance of duty in
the administration of criminal justice and more often places his actions and decisions beyond
the control of the courts, P.D. 911, aside from the main objective of expediting the
investigation of criminal complaints, also place a preventive mantle over the prosecutors
from committing graft and corruption.
 Nevertheless, inspite of such safeguards the strong desire in an individual (Prosecutor)
for financial comfort, coupled with the presence of the following discretionary prosecutorial
opportunities is a tempting inducement to commit misconduct:

 Deciding whether to prosecute.

 Terminating prosecution through a nolle.
 Prosecuting on reduced charges.
 Dropping multiple counts.
 Making sentencing recommendations
 Plea bargaining

5. Selective Prosecution

The prosecutor, in deciding on whether to prosecute, is responsible for evaluating the

evidence the police have gathered and deciding whether it is sufficient to warrant filing
charges against the alleged violator. If otherwise, he does not accept the case, and orders the
release of the suspect.

On the other hand, if the prosecutor decides to accept the case, be issues a
complaint/information upon which the suspect is arraigned before a judge.

This, it is known as selective prosecution because the prosecutor does not only have the
option to select but more so is influenced by the following favorable legal factors to attain
conviction:

 The legal strength of the case

 The suspect s in fact guilty
 The willingness of witnesses to testify
 The likelihood that the prosecutor can legally prove the defendant’s guilt.

But unfortunately, or conversely, even after prosecution has commended, by virtue of the
defendant’s initial appearance, the prosecutor may subsequently decide to drop all charges,
discontinue prosecution, and seek dismissal under the following circumstances:

 When the prosecutor becomes aware of the factors: that make prosecution
inadvisable.
 When the prosecutor has not had the opportunity or mechanism for screening cases
prior to the first arraignment.

The aforementioned actions by the prosecutor can only be possible through the nolle
(nolle prosequi).

6. Prosecutorial Discretion
 How discreet is the applicant to prosecutorial discretion?

The prosecutor’s exercise of discretion to mitigate sentence in any individual case may
reflect a judgement of the proper disposition, rather than job pressures to dispose a large
number of cases through plea bargaining.

Ordinarily, the implementation of prosecutorial discretion through reduced charges, the

dropping of multiple counts, and a favorable sentencing recommendation is attributable plea
bargaining, which will be discussed later in this chapter.

Although prosecutorial discretion is rarely authorized by law, it is a powerful unwritten

law that has been recognized by the courts.

In American jurisprudence, it is accepted by the United States Supreme Court and the
only direct response to flagrant abuses of prosecutorial discretion is through indictment of
the prosecutor for misconduct in office, for gross failure to prosecute, or by the use of their
equal protection of the law clause under their Fourteenth Amendment to prove
discrimination in being unjustifiably singled for selective prosecution.

7. Nolle (Nolle Prosequi)

By definition, a nolle is a request made by the prosecutor to the judge to terminate further
criminal prosecution against a suspect.

Its characteristics are:

 The request is a mere formality that the judge routinely grants without question.
 Originally, the prosecutor is not even required to give reasons for wanting to nolle a
case. Technically, a suspect whose case is nolled has the charge suspended for a
period of 12 months.
 The suspension of legal action is intended to have a deterrent on the offender if the
suspect gets into trouble during the period.
 At the end of 12 months, the nolle status expires and automatically becomes a full
dismissal of the crime charge.

Objectively, the nolle is primarily used to:

 Reduced case overload

 Reduce back-log
 Reduce delays in bringing defendants to trial

In some jurisdictions, the prosecutor nolles as many as one-half of the cases in the
calendar. This is a controversial statement which can arouse a lively discussion, since our
opening topic is an implication on the corruptibility of prosecutors.

The most controversial expression of prosecutorial discretion is the decision to mitigate

the defendant’s sentence through:
  Reducing the charge
 Dropping multiple counts to leave a single criminal charge
 Recommending leniency to the court at sentencing concurrent prison sentences.

Reduce charges are those less serious and less severely punishable crimes: The
prosecutor may reduce the charge from armed to unarmed robbery; from murder to
homicide; or from robbery to theft, etc. The charge may be reduced by the prosecutor at the
arraignment or even after trial has begun if the defendant agrees to plead guilty to the
reduced charge.

Dropping multiple counts means that a prosecutor has the discretion to drop multiple
criminal counts and to charge the defendant instead with only a single crime, a crime which
may or may not be the most serious crime involved. To assure a less severe sentence, the
prosecutor will ordinarily drop all counts except the one to which the defendant agrees to
plead guilty and be sentenced on.

Recommending leniency means that the prosecutor, during the sentencing process,
recommend leniency in sentencing or the imposition of con-current charges.

What is a concurrent prison sentence?

 The separately imposed prison terms for each count are not added together but
allowed to run at the same time.
 Thus the full sentence imposed is the longest single prison term, usually for the most
serious crime.

8. Arraignment: Definition

Arraignment is the legal mechanism whereby an accused is brought before the court
wherein the complaint/charge against him is read by the Clerk of Court in the presence of
the lawyer and the prosecutor, in which accused is to announce his plea.

9. Plea Bargaining: Definition

Plea bargaining is the process of discussion or negotiation between the defense counsel
and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to
obtain from the judge in lighter sentence in exchange for the defendant’s entering a guilty
plea.

10. Plea Bargaining: The Process

Conceptually, the process of plea bargaining is entered into between the prosecutor and
the defense lawyer before the accused is arraigned.

Arraignment is the legal mechanism whereby an accused is brought before the court
wherein the complaint/charge against him is read by the Clerk of Court in the presence of his
lawyer; and the prosecutor and in which the accused is to announce his plea.
 Ordinarily, whenever a sentence may carry a long prison term, the defendant will not
plead guilty unless they have something to bargain by making a guilty plea.

Because defendants naturally want a lesser punishment, their motive for pleading is the
expectation of a lighter sentence than they would receive if they plead not guilty.

In the plea bargaining process the major operational consideration must be adhered to
between the prosecutor, the defense lawyer and the court is:

 The difference in sentence outcomes between the original and the reduced charges,
and the reasonableness of that difference.
 An example is that a murder charge may be reduced to homicide, or a robbery may
be reduced to theft.
 The reasonableness is for the defense counsel to obtain the least serious criminal
charge and the most favorable sentencing recommendation, without being so
demanding that the prosecutor will favor to a plea bargain.

11. Plea Bargaining: The Core of Criticism

The core of the criticism on plea bargaining is that there seems to be something for
everyone - - the defendant, prosecutor, defense counsel, the court - - except for the police,
the victim and the community. It appears that there seems to be something deeply disturbing
in the system in which participating lawyer avoid the due process in favor of personal
interest and administrative convenience.

12. Plea Bargaining: Its Characteristics

 Plea bargaining is typically an informal, off-the-record process controlled by the

prosecutor and defense counsel, without participation by the court, or the accused.
 There are no formal rules to guide the lawyers in arriving at a plea bargain that is
mutually satisfactory, fair to the defendant, acceptable to the court, and in the best
interest of the public.
 Neither lawyer has much knowledge of the legal strength of the other’s case. Hence,
both has to bargain in the dark.
 The plea bargain is negotiated without the presentence reports by the probation
officers that are essential to informed sentencing and the protection of society.
 Plea bargaining is held almost at random whenever and wherever opposing counsels
happen to talk each other. The bargaining may begin immediately after arrest and
may continue after the trial begun.
 No record is made of the concessions or promises made by prosecutor, the conditions
that may have been attached to the government’s offer, the defendant’s acceptance of
the deal, or the court’s willingness to abide by the prosecutor’s recommendation.
 Finally, plea bargaining is characteristically invisible, without procedural regularity,
needlessly prolonged, inefficiently administered, and unjust.

13. The Prosecutor’s Incentive to Plea Bargain

The prosecutor relies on plea bargaining for three primary reasons:

  Efficiency
 Legally weak cases
 Effectiveness

Plea bargaining undoubtedly has become an important ingredient of the criminal process.
The overwhelming number of arrests made by police gives the prosecutor too many cases to
handle. To cope with the situation the prosecutor found an effective tool in plea bargaining
because it helps to reduce the systems workload so that every arrest and prosecution can be
handled without having to resort to a full trial. Since prosecutors are aware that they are
judged by the number of successful convictions they obtain, getting the accused to plead
“guilty” to a reduced charge. By pleading guilty, the defendant automatically waives the
right to trial and to an appeal.

A second cause for a prosecutor to resort to plea bargaining is when the legal strength of
the case is weak, making it difficult for the prosecutor to prove guilt beyond reasonable
doubt at trail. Thus, there is always the possibility of losing the case, “When we have a
week case for any reason, we’ll reduce to almost anything rather than lose,” says one
prosecutor. Another critical factor for a prosecutor’s plea bargain is that most police arrests
are allegedly based on probable causes or bad arrests.

Finally, plea bargaining gives the prosecutor:

 The incentive to achieve an easy victory

 A sign of prosecutorial effectiveness and efficiency
 A stepping stone to promotion because of a good “batting average” in the number of
convictions.

Summarily, these factors make it necessary for the prosecutor to rely on plea-bargaining
as a standard operating procedure; this is what society seems to demand from the criminal
justice system.

14. Defense Counsel’s Incentive to Plea Bargain

There are three types of legal presentations available to criminal defendants:

 Lawyers who are hired by the defendants as private counsel.

 A public defender for indigent defendants given free by the government
 Court-assigned counsel

The incentives for defense counsel to plea bargain involve:

 Professional responsibilities
 Economic consideration
 Efficiency

Defense counsels have a professional duty to protect interests of their clients - - even
those who are in fact guilty. If it is possible to have their clients acquitted or dismissed
legally, they are obligated to try to do so. This professional concern was enunciated by
Martin Erdmann who, in a 25 year career with the New York City Legal Aid Society was
 involved in defending thousands of indigents. Erdmann admitted freely that 98 percent of
his clients were guilty but emphasized that his duty was to get them acquitted or to obtain
the lightest sentence possible through plea bargaining.

Defense counsel must also take into account economic considerations. Professionalism
notwithstanding, assigned counsel and privately hired lawyers earn their living by
representing criminal clients. In a profession wherein time is money the less time an
attorney spends on a case, the more profitable it will be. Hence, cases wherein lighter
sentence is assured by plea bargaining is pleaded guilty.

Finally, the public defenders have large case loads that make them as sensitive to
administrative efficiency as the prosecutor is. Retaining their jobs and in the organization
may depend on their ability to plea bargain a substantial portion of their caseloads
successfully. Thus, it appears that the operational set-up of many public defender programs
is aimed to plea bargaining quotes.

15. Advantages of Plea Bargaining

 Plea bargaining allows the courts to control overcrowded dockets, to reduce court back-
logs, to provide speedy justice, to avoid having their decisions questioned through
appeals, and to save the taxpayers some of the high costs of judicial administration.
Through plea bargaining judges who are overburdened with cases are relieve of the
pressure to dispose of such cases efficiently through trials.
 Plea bargaining allows the prosecutor to secure convictions in “bad arrests” and other
legally weak cases where offenders would otherwise be released.
 Plea bargaining is a necessary discretionary tool for tempering the letter of the law with
an individualized justice.
 In the overall picture plea bargaining acts in the best interest of society rather than on
behalf of the victim by facilitating convictions thereby taking the criminal off the street.
 In some cases, such as rape, plea bargaining saves victim from humiliation and trauma
because there is no more public trial.
 In plea bargaining there is no trial. The decision is final and there is no appeal.
 Without extensive reliance on plea bargaining to dispose of cases, the entire
administration of criminal justice may collapse. The number of judicial personnel has
not kept pace with the increasing workload caused by the enactment of new criminal
laws.

16. Disadvantages of Plea Bargaining

 Research has shown that the worst enemy of plea bargaining is the police. There is
nothing so demoralizing to the police but for the prosecutor to sentence the criminal
whom he arrested for murder after working on the case for almost a year, to a simple
homicide simply because of what the police termed as “bargain basement” plea. In the
criminal justice system the police is sometimes killed. To plea bargain his case is to
subject him to humiliation.
 Plea bargaining provides the opportunity for prosecutors and defense counsels to place
their economic and occupational needs ahead of the fundamental interest of the criminal
justice.
  Bargain-basement justice is always more of a bargain for the defendant than it is for the
government and society. If the defendant does not consider a plea bargain offer not
generous enough he can simply ask for trial knowing that the legal strength of he
government case can be weakened as time goes by thru delaying tactics.
 Bartered guilty pleas are not evidence of genuine repentance for crime committed, or the
potential for rehabilitation.
 Plea bargaining undermines the basic premise of “crime and punishment” that is the
foundation of criminal law and criminal justice system.
 Plea bargaining is destructive of the adversary method of justice, which is the
cornerstone of the criminal justice system in a free society. The adversary system breaks
down in plea bargaining because the prosecutor, the defense counsel and the judge acts in
their own best interest rather than on behalf of the defendant, the community and justice.
 Defendants themselves are dissatisfied with the way they are treated by the criminal
justice system under plea bargaining because it was revealed that defendants represented
by public defenders believe that they have been treated as “cases” or “files” in an
assembly line that was geared to grinding a guilty plea out of them. When a defendant
was asked if he was represented by a lawyer during his trial, the answer was, “ No! only
by a public defender.
 The saving factor, interms of the criminal defendant, it that with very rare exceptions the
truly innocent don’t plead guilty.

16. Plea bargaining: A subject for Research

By connotation, criminal justice is a process introduced into the system in order to ensure
justice for those involve in criminal offenses. To achieved the objective, defendants are convicted
only under two methods, namely:

 After trial, when the prosecutor is able to prove beyond reasonable doubts the guilt of the
defendant.
 During arraignment, when the accused pleads guilty before a judge, after the charge is
read to him.

Because of the presence of several prosecutorial opportunities in the system, convictions are
typically obtained through plea bargaining, and others rather than at trial, it becomes the
prosecutor’s effective tool in the administration of justice.

After presenting the pros and cons of those prosecutorial discretions and opportunities, we
believe our students in criminal justice system can now have a basis for research in order to
evaluate:

 If the advantages of plea bargaining and other prosecutorial opportunities, outweighs the
Disadvantages
 If its applications should be continued but the process restructured for control.
 If it should be abolished totally.
Review Questions
Prosecution

1. What it the specific role of the prosecutor in the criminal justice system?
2. when can we consider the prosecutor an officer of the court?
3. Formally, to what office does the prosecutor belong?
4. In one sentence describe the interaction between the police and the prosecutor in the
criminal justice system?
5. What is preliminary investigation?
6. What is the main objective of preliminary investigation?
7. Name three prosecutorial (discretion) opportunities for prosecutors to commit
misconduct.
8. In one sentence describe prosecutorial discretion.
9. What is a nolle (nolle prosequi)?
10. What is arraignment?
11. What is plea bargaining?
12. As a judicial process, which must first be acted upon-plea bargaining or arraignment?
13. who are the people involved in a nolle?
14. who are the people involved in plea bargaining?
15. Who are the people involved in arraignment?
16. Who is the greatest enemy of plea bargaining? Why?

SLOW JUDGES ABET CRIMINALS

The Tanodbayan filed only last Wednesday graft charges against a town mayor who has
been dead for more than two years. He was executed before he was convicted.

This is just an example of how extremely slow our wheels of justice move. The
complaint against the mayor must have been filed with the Tanodbayan while the mayor was still
alive, or more than two years ago. That means the Tanodbayan took two years just to decide
whether to file or dismiss the case. No wonder graft and corruption in the government is
spreading. If the accused is innocent, his suffering is even worse; he has to bear the onus while
the case drags on and on.

But the parties responsible for the irregularities in Quezon City are still around. The
pretermination of the P120 million time deposit of Quezon City excess funds with the Philippine
National Bank and its redeposit at a lower rate of interest is clearly a graft case because the
contract was grossly disadvantageous to the government. Yet the Tanodbayan is taking its own
sweet time. Its investigative arm, the NBI, has not even questioned until now, Pacifico Conwi
Jr., the broker who arranged the deposit and got a P3 million commission for it. The PNB, which
has already finished its investigation, and the paper Industries Corporation of the Philippines
(PICOP), which borrowed the money at a low interest rate, have expressed their willingness to
cooperate in the investigation, but until now, many months after the incident, the Tanodbayan has
not come up with its findings-if it is really investigating.
 If it is any consolation, the wheels of justice grind slowly not only in the Tanodbayan but
also in the regular trial courts and even in the Supreme Court. The rise in graft and corriuption, in
all kinds of crime, in the proliferation of squatters, in abuses of military men, and even in the
birth of the secret marshals, are a great result of the failure of our criminal justice system. The
grafter, the petty criminal, the squatter, and the soldier know that even if he is formally charged in
court, it would take years before the trial is finished. Meanwhile, he can be out on bail and
continue to do his thing while the case drags on and on. So who’s afraid of the law? Even if the
criminal has 100 cases pending in court, it will take a long, long time for any one of them to send
him to jail. By the time that happens, he would be rich and could afford to bribe his way out.

Which leads us to the secret marshals. A carnaper or holdup man caught in the act can be
freed on bail within hours of the filling of charges in court. And while out on bail, he can
continue to steal cars and rob people. He knows his trial will last a long time. Now, if you are a
policeman and see the holdup man whom you arrest and charge regularly and each time being
freed on bail by the judge so that he can continue to holdup people, you begin to feel like a fool.
The criminal will probably even laugh at you.

Meancwhile, you have the public and the media getting hysterical about the rise in crime
and the generals breathing down your necks telling you to do something or else. If you are the
cop getting flack from all sides, what would you do? Why, you begin thinking like Clint
Eastwood and Charles Bronson and you go to your chief and suggest that if you have the same
license as James Bond, you’d be able to reduce crime simply by reducing the criminal population.
When the chief answers “Do anything but get the generals off my back, a secret marshall is born.

FERNAN URGES JUDICIAL REFORMS

Supreme court – Chief Justice Marcelo Fernan has bared plans to institute major reforms
in the judicial system, saying the slow dispensation of justice is one of the major reasons for the
rise of criminality and the series of celebrated killings in the country.

“the perceived breakdown of law enforcement in the country, which manifest in the rising
tide of criminality in the countrysides and our inner cities . . . is a potent indication of the erosion
of our respect, if not fear of the law”’ Fernan said, apparently referring to series of violent
incidents in the country.

“this state of events breeds a crises of faith in our laws and the judicial system as well as
the institutions and persons tasked to put them to work”’ he said. “We are challenged therefore to
convince our people that the law works, the courts work, our judicial institutions works for their
just claims and the rights”.

He stressed: “In fulfilling our advocacy and magistracy, our people must see beyond
doubt that the law can never be selectively applied to favor and spare some, while it is without
mercy to others”.

Fernan said there are three major issues which required the earnest attention of justices,
judges, and even private prosecutors. He said all members of the bar and the bench should
secure, the respect, preserve the rule of law, reform the country system that it may function to
dispense justice “to more swiftly, more effectively, and more inexpensively”. He said they should
also “renew, strengthen a fierce moral spirit” in the equality of all persons before the bar of
justice.

Fernan said believed that the public has begun to show disbelief in the country’s law
enforcement agencies, and the capability of the judicial to bring peace and order.

“We can win their faith back by the power of example”, Fernan said. “Lawyers and
judicial officers must act as sterling examples of incorruptible respect for the law. In litigation
and adjudication, our people must see in us utmost uncompromising adherence to the mandates of
the law”.

FASTFOOD FOR THOUGHT

WHERE’S DEATH ROW BILL?

Whenever a heinous crime is committed . . . rape with murder, robbery with homicide,
etc. - - we ask, “whatever happened to the death penalty? “And in nine out of 10 cases, we blame
the Constitutional Commission for abolishing it. We are wrong.

The Commission and the Constitution it drafted did not abolish the death penalty. What
they have curtailed is the wide discretion formerly exercised by the Courts in imposing the
sentence of death. Life is the most precious possession of an individual and he should not be
deprived of it unless he has committed a crime so dastardly that his further existence has become
obviously dangerous and inimical to society.

Here is what the Constitution decrees: “Excessive fines shall not be imposed nor cruel,
degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless,
for compelling reasons, involving heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion perpetua.” (Article III, Bill of Rights,
Sec. 19 (1).

This provision, to be sure, committed a great inconsistency when, by the last sentence, it
ordered that all death penalties already imposed shall be reduced to life imprisonment. For it is
very likely that, among the people already in death row at the time, a number might have
committed heinous crimes. Perhaps this is the reason the crimes that will be punished with the
death penalty, seems to have abandoned the work, leaving the list of heinous crimes it was
supposed to compile hanging in the air.

Precisely, terrorism had been spreading everywhere including in this country. It had been
observed more or less conclusively that terrorism hold no terror for the traditional penalties
under the law. They shoot down entire planeloads of people, including women and children.
Thye car-bomb crowds of people in the streets, department stores and theatres. The Ayatollah has
just given terrorism a new dimension by condemning an author to death and exhorting Muslims
as well as Christians of other denominations, to kill him and his publishers in any manner or
form. And his clergy have offered up to $ 5 million as reward for the heinous deed.

The sense of terror he has caused in many parts of the world, inviting street
demonstrations and inspiring outraged people to commit acts of despicable disrespect on the flags
and the citizens of other countries may sooner or later reach heinous intensity. The world
understands his deep indignation over the blasphemy that the author’s book has committed, but it
cannot understand the limitless virulence of his reaction. Britain and Iran have broken diplomatic
relations; more international incidents are sure to follow.

But this should not has been the case. That some criminals who had committed heinous
crimes had been allowed to escape the death penalty is no reason why all heinous crimes shall
now be allowed to go punishment commensurately forever. The Congress should resume its
work on this matter and define what are heinous crimes finally.

As the world may be in for a new wave of heinous crimes, the death penalty is necessary.
The police and the courts must have it among their weapons in fighting criminality in its worst
forms. The US was ahead of us in correcting the almost indiscriminate imposition of the death
penalty. At first it thought that abolishing it totally was the only wise course to take. But public
opinion reacted unfavorably; it forced the Supreme Court to define the crimes that should be
penalized with death, thus taking the power to impose death from many courts.

It is untimely to abolish the sentence of death here as in other countries. This is a time of
restlessness and violence among certain kinds of people. In this country, disrespect for law is
abetted by two active rebellions and the criminality and bloodthirstiness that had freely prevailed
among us not many years ago. The situation tends to deny the wisdom of government of law that
has been the main handmaiden of civilization. This is to say that civilization itself is under siege.

The definition of heinous crimes deserving the death penalty is only one among the many
implementing legislation which the new Constitution requires the Congress to enact. These
implementing laws do not fall under the category of “yet another law” that the Speaker abhors.
Just as he has said that the law withers for lack of enforcement, so some provisions of the
constitutions become dead letters unless they are implemented in law efficiently, accurately and
as soon as possible.

C. the Court : The Third Pillar

Situated between the prosecution and correction, the court is the centerpiece of the five
pillars in our criminal justice system.

As such, the court performs, perhaps, the most important role in the administration of
justice because:

 It is to the court that everyone turns to for justice.

 It is responsible for applying the criminal law against the odffenders who commit crimes, but
at the same time protecting the same law violators from the violations of their rights by
criminal justice (police) agents.

Judicially, as the third pillar of our criminal justice system, the court is looked upon as :

 the final arbiter for justice

 The front line defender of democracy, freedom and human dignity.
 The only institution capable of identifying and maintaining the proper balance between the
conflicting rights of the individual and those of the state and society.
 Generally, if an examination is made of the status and progress in recent years of all the
agencies in the criminal justice system, sadly, it would probably reveal that the court is remiss in
the ways in which they should discharge their responsibilities.

Likewise, a fundamental problem is on how judges are judged in their exercise of more
powers with less accountability than any other officials in our system.

Hence, it is considered worthwhile to examine this third component (court) of the system
along its present:

 Basic system structure

 Management techniques in court administration
 Trial process
 Handling and disposing of criminal cases
 Quality and quantity of personnel

1. Three Remedial Measures : Recommendation

Efforts to control abusive practices on the part of individual judges, to upgrade the caliber
of the judiciary, and to improve the organization of the courts system and judicial administration
can be categorized into three remedial measures, such as:

 Establishment of judicial discipline commission

 Appointment of judges through merit system
 Unification of courts and the use of court administrators.

2. Justice and Politics

It is about time that at their early stage of manhood our college students should realize
their participatory roles in government and politics.

This study of criminal justice system, as one of their basic disciplines in their freshman
year for police work, will introduce them to savor the flavor of politics in their young lives.

It has traditionally been established that the selection and appointment of members of the
judiciary is being influenced by political considerations.

All judges, from the Chief Justice of the Supreme Court, down to the Municipal Circuit
Trial Court, are appointed by the President of the Philippines, with the Supreme Court serving as
check and balance.

Simply, the process is - - the President appoints, while the Supreme Courts dismisses
erring judges, after due process.

3. Executive Order No. 611, issued August 7, 1980 creating Presidential Commission on Judicial
Reorganization.
 On August 7, 1980 President Ferdinand E. Marcos issued Executive Order No. 611,
creating a Presidential Commission on Judicial reorganization, wherein the basic objective is - -
to improve judicial services”.

The order – empowers the Committee to formulate a plan on the reorganization of the
judiciary.

Its composition shall be:

 Chief Justice Enrique Fernando, Chairman

 Minister of Justice Ricardo Puno, Co-Chairman
 Justice Ramon Aquino, Member
 Justice ameurfina A. Melencio Herrera, Member
 Justice Felix Antonio, member
 Deputy Minister of Justice Jesus Borromeo, Member

On October 17, 1980, or barely two months later, the Presidential Commission on Judicial
Reorganization submitted its report to the President, with the following general guidelines.

4. The judiciary Re-organization Act of 1980-otherwise known as BATAS PAMBANSA Blg. 129:
its Role in the Criminal Justice System.

On August 14, 1981 the Judiciary Reorganization Act, Blg 129, was approved by the
Batas Pambansa.

The courts to be reorganized are :

 Court of First Instance

 Courts of appeals
 Circuit Criminal Courts
 Juvenile and Domestic Relations Courts
 Courts of Agrarian Reforms
 City courts
 Municipal Circuit Courts

The new courts created under the judiciary Reorganization Act of 1980 are :

 Supreme court
 The intermediate appellate Courts – in lieu of the Court of Appeals
 Regional Trial Courts – in lieu of courts of first instance, circuit criminal courts, juvenile and
domestic relations courts, and courts of Agrarian Reforms
 Metropolitan Trial Courts – In lieu of city and Municipal Courts in the Metropolitan area.
 Municipal Trial Courts and Municipal Circuit Trial Courts – in leu of City and Municipalities
which do not form part of a metropolitan area.

Hopefully, with the passage of judiciary reorganization Act of 1980. Otherwise known as
Batas Pambansa Blg. 129, the aforementioned remedia measures can be taken into consideration,
so as to institute court reforms.
 Hereunder are some judicial misconducts and incompetence requiring reforms.

 Judges who must be reminded that they are only one part of the criminal justice systems
 Judges who forget that they are accountable to society
 Judges who must also be judged
 Judges who must be reminded that they are not above the law.
 Judges who conduct courtroom proceedings without decorum and the appearance of justice.
 Incompetent, senile, unethical, abusive, corrupt judges who shirked their duties.

Consequently, we have to stop at this point. Further presentation of the Judiciary

Reorganization Act of 1980 will overload the thinking of our young students who must be
concerned only with the basic inter-relationship of the court with other criminal justice
components.

Instead, it is recommended that the faculty members availing of this handbook for their
teaching processes should apply the Act as a research reference.

K\Likewise, since this study is basically involved with the criminal justice system in the
local setting, we shall begin to present the Philippines judicial processes at its grass roots
level through Presidential Decree No. 1508.

5. Katarungan Pambarangay – P.D. 1508: Its Role in the Criminal Justice Systems.

Presidential Decree No. 1508, otherwise known as Katarungan Pambarangay, was

enacted on June 11, 1978.

Conceptually Katarungan Pambarangay, or P>D> 1508,is justice administered in the

barangay level. It is a system of amicably setting dispues among families in barangay levels
without judicial recourse.

6. Katarungan Pambarangay : Its objectives

 to promote speedy administration of justice

 To perpetuate the time-honored tradition of settling disputes amicably for the maintenenace
of peace and order.
 To implement the constitutional mandate, preserve and develop Filipino culture.
 To relieve the courts of docket congestion and thereby enhance the quality of justice
dispensed by them.

7. Katarungan Pambarangay : The Salient Points

 It makes barangay settlement a pre-requisite to bringing suit in the regular courts of justice.
This will insure that all disputes, with certain exceptions, must go through the conciliation
process, so only those that are truly irreconcilable will be left for formal resolution.
 Parties may not be represented by counsel or any one else. This is designed to make the
proceeding simple and inexpensive as to be available to all, and also facilitate amicable
settlement.
8. Katarungan Pambarangay : The question and answer format

In a question and answer format, which will facilitate dessimination and assimilation, the
contents of the decree is hereby presented:

Disputes for Settlement

1.1. Q. What disputes may be settled at the barangay level?

A. All disputes among individuals residing in the same only or municipality may be subject
of proceedings for amicable settlement except for the following enumerated cases.

J. where the dispute involves real property located in different cities or municipalities;

B. Where one party is the government or any subdivision or instrumentality thereof;

C. Where one party is a public officer or employee and the dispute relates to the
performance of his official functions.
D. Where the dispute involves an offense punishable by imprisonment exceeding thirty (30)
days or a fine exceeding two hundred pesos (P200.00). Thus, physical injuries requiring
medical attendance for not exceeding (9) days, slight slander, light threats, unjust
vexation, would be appropriate subject matters for settlement;
E. Offenses where there are no private offended parties, for example, littering, gambling, jay
walking, public scandal, vagrancy and prostitution; and
F. Such other classes of disputes which the Prime Minister may, in the interest of justice,
determine upon recommendation of justice and the Minister of Local Government and
Community Development.

1.2. Q. who may be parties to an amicable settlement proceedings?

A. Only individuals shall be parties to these proceedings either as complainants or

respondents or against corporations, parties as complainants or respondents. No
complaint by or against corporations, partnerships or other judicial entities shall be filed,
received or acted upon.
1.3. Q. when are the conciliation bodies deemed to be formally organized?

A. when the Lupon members have taken their oath of office before the Barangay Captain
who shall certify to the court the fact of such organization.
1.4. Q. Can a complaint, petition, action or proceeding involving any matter within tge authority
of the Lupon be directly filed in court for adjudication?

A. No individual may go directly to any government office for adjudication of his disputes
with another individual upon any matter falling eithin the authority of the Barangay
Captain or Pangkat ng Tagapagkasundo to settle, unless after personal confrontation of
the parties before either of them, earnest efforts to conciliate have failed to result in a
settlement as certified by the Lupon Secretary or the Pangkat ng Tagapagsundo to settle,
unless after personal confrontation of the parties before either of them, earnest efforts to
conciliate have failed to result in a settlement as certified by the Lupon Secretary has
been effectively repudiated.
 Although no such personal confrontation took place through no fault that can be
attributed to the complainant, such certification may nevertheless be issued.

1.5. Q. In what cases may the parties go directly to court?

A.1) In a criminal case where the accused was arrested without warrant ands is under police
custody or detention, the criminal complaint or information may directly be filed by the
offended party, police or fiscal with the proper courts.

2) A person illegally deprived of his rightful custody over another or a person illegally
deprived of his liberty or one acting in his behalf may directly file a petition for habeas
corpus with the proper court to regain custody or secure the release of such person;

3) Actions coupled with provisional remedies such as preliminary injunction, attachment,

delivery of personal property and support during the pendency of the action; and

4) where the action may otherwise no longer be filed in court because it is barered by the
statute of Limitations.

1.6. Q. What are the conciliation bodies created under P.D. 1508?

A. they are the Lupong Tagapayapa and the Pangkat ng Tagapagkasundo

CHARACTER OF OFFICE

1.7. Q. What are the conciliation bodies created under P.D. 1508?

A. The members of the Lupon and the Pangkat shall be deemed public officers and person
in authority within the meaning of the Revised Penal Code.

1.8. Q. What is the nature of the service rendered by the Lupon and Pangkat members?

18. A. The members of the Lupon and Pangkat shall serve without any compensation or
allowance whatsoever. Such service by any Lupon and Pangkat member, whether he be in public
or private employment, shall be deemed to be on official time and no such member shall suffer
any diminution in compensation or allowance by reason thereof.

Lupong Tagapayapa : Its Function

1.9 Q. What is the Lupong Tagapayapa?

A. The Lupong Tagapayapa is the body organized in every barangay composed of the
Barangay Captain as Chairman and not less than ten (10) nor more than (20)
members from which the members of every Pangkat shall be chosen.
1.10. Q. What are the functions of the Lupon

A. The Lupon shall have the following functions:

a) Administrative Supervision – The Lupon shall exercise administrative supervision

over the various Pangkats by seeing to it that they have the necessary supplies and
forms required for discharging their duties and that they perform their functions
efficiently effectively and fairly.
b) Withdrawal of appointment – After proper notice and hearing, the Barangay Captain
may, with the concurrence of a majority of all the Lupon members withdraw the
appointment of a members withdraw the appointment of a member of Lupon by
reason of incapacity to discharge the duties of his office or unsuitability therefore.

By a majority vote of all its members, the Lupon may withdraw the appointment of any
Pangkat member for willful failure or unjustified refusal to serve and perform his duties as such.

Number and qualification of Lupon Members

1.11. – Q. Who determines the exact number of the members of the Lupon?

A. The exact number of the members of the Lupon shall be determined by the Barangay
Captain, making into consideration the barangay population and the volume of
disputes that were previously brought to him for conciliation, provided that such
number shall not be less than ten (10) nor more than twenty (20)

1.12. Q. who may qualify as members of the Lupon?

A. To qualify for appointment to the Lupon, a person must have his actual residence or
place of work in the barangay and must possess personal characteristics that indicate
his suitability for the task of conciliating disputes. Such suitability may be indicated
by his integrity, impartiality, independence of mind, sense of fairness and reputation
for probity in relation to his age, social standing in the community, educational
attainment, tact, patience, resourcefulness, flexibility, open-mindness and other
relevant considerations. Further, he must not be expressly disqualified by law from
holding public office.

1.13. Q. When is a person expressly disqualified by law from holding public office?

A. when disqualification for public office is imposed as a penalty: (1) as a principal

penalty for certain crimes, for instance, knowingly rendering unjust judgment and
direct bribery; and (2) as an accessory penalty, i.e., when it is deemed included in the
imposition of the principal penalty such as death when not executed by reason of
commutation or pardon, reclusion perpetua (imprisonment for 30 years), reclusion
temporal (imprisonment from 12 years and 1 day to 20 years), prision mayor
(imprisonment from 6 years and 1 day to 12 years) or prision correctional
(imprisionment for 6 months and 1 day to 12 years).
1.14. Q. How is the Lupon constituted?

A. After the Barnagay Captain has determined the exact number of the members of the
Lupon, he shall:

1) Prepare thereafter but not later than January 10, 1979, a list of names of persons
residing or working in the barangay not otherwise expressly disqualified by lkaw
whom he intends to appoint as Lupon members. The list shall be not less than five
(5) more than the number previously determined.

Similar preparation of another such list shall be made by him within the first ten (10)
days of January 1981 and every two (2) years thereafter;

2) Post said list of prospective appointees immediately after its completion in three (3)
conspicuous places within the barangay for at least three (3) weeks; and
3) Appoint suitable persons from said list as members of the Lupon within ten (10) days
from the last day posting, after considering endorsements of or objective against
proposed nominees in the list and recommendations of other persons not included
therein. He shall swear them into office and sign their appointment papers.

1.15. Q. In what from shall the appointments of Lupon members be made?

A. Appointment shall be in writing signed by the Barangay Captain and attested by the
Barangay Secretary.

1.16. Q. How will the public know who are the members of the Lupon?

A. Lupon members shall hold office from the time they take oath until December 31 of
the calendar year subsequent to the year of appointment unless sooner terminated by
death, resignation, transfer of residence or place of work from the barangay or
withdrawal of appointment.

Term of Office : Vacancy

1.17. Q. What us the term of office of a Lupon member?

A. Lupon members shall hold office from the time they take oath until December 31 of
the calendar year subsequent to the year of appointment unless sooner terminated by
death, resignation, transfer or residence or place of work from the barangay or
withdrawal of appointment.

1.18. Q. How many vacancy in the Lupon be filed?

A. Immediately upon learning of the death, transfer of residence or place of work of a

Lupon member, or upon acceptance of his resignation or withdrawal of his
appointment, the Barangay Captain shall appoint a suitable replacement who shall
serve the unexpired portion of the term of office of the replaced member.
Withdrawal of Appointment

1.19. Q. How and upon what grounds may withdrawal of appointment of Lupon members be
made?

A. After proper notice and hearing the Barangay Captain may, with the concurrence of a
majority of all the Lupon members, withdraw the appointment of a member of the
Lupon by reason of incapacity to discharge the duties of his office or unsuitability
therefore.

1.20. Q. Whsat is the effect of the withdrawal of appointment?

A. In case of both the Lupon and Pangkat members of the Lupon or Pangkat. Moreover,
in case of the Pangkat member, such withdrawal shall carry with it the penalty of
disqualification from the penalty of disqualification from public office in the city or
municipality for a period of one (1) year.

Office of the Lupon

1.21. Q. Who are the officers of the Lupon?

A. They are the Barangay Captain and the Barangay Secretary who shall be the Lupon
Chairman and Lupon Secretary, respectively.
1.22. Q. Who takes over the Lupon Chairmanship in the absence or temporary incapacity of the
Barangay Chairman?

A. The most senior councilman shall succeed to or substitute fopr the Barangay Captain
as Chairman of the Lupon. The process of succession to or substitution by the
Barangay Captain shall successively devolve upon the other councilmen in the order
of their seniority. Should these contingencies take place in Citizens Asemblies, such,
succession or substitution shall devolve upon the barangay council member named by
the mayor upon recommendation of other council members.

1.23. Q. what are the powers and duties of the Barangay Captain as Lupon Chairman?

A. The Barangay Captain shall exercise powers and perform duties relating to: (a) the
constitution of the Lupon; (b) the constitution of the Pangkat; and (c) mediation and
arbitration.

124. Q. What are the functions of the Lupon Secretary?

A. The Lupon Secretary shall have record-keeping functions and functions with respect
to: (a) selection of the members of the Pangkat in the absence of the Barangay
Captain; (b) mediation proceedings before the Barangay Captain; (c) transmittal to
the proper city or municipal court of : (1) the final report on said mediation
proceedings; and (2) the amicable settlement or arbitration award; (d) the furnishing
to the parties copies of their settlement or award; and (e) issuance of the certifications
required for bringing or barring suits.
Pangkat ng Tagapagkasundo : Its Functions

1.25. Q. What is the Pangkat ng Tagapagsundo?

A. the Pangkat ng Tagapagsundo is the conciliation panel of three (3) members chosen
by the disputants from the Lupon membership to mediate their differences.

1.26. Q. What are the functions of the Pangkat?

A. all disputes not successfully settled by the Barangay Captain shall as far as possible
be settled by the Pangkat through conciliation or arbitration.

Constitution of the Pangkat

1.27. Q. what is the composition of the Pangkat?

A. The Pangkat is composed of three (3) members chosen by the parties to the dispute
from the list of members of the Lupon. The parties shall also choose a fourth person
as an alternate member of the Pangkat.

1.28. Q. What alternative action is available should the parties fail to agree on the membership of
the Pangkat?

A.. Should the parties fail to agree on the membership of the Pangkat, they shall, in the
presence of the Barangay Captain or Secretary, make the selection in the following manner:

a) In case there is more than one complainant or respondent to the dispute, each side
shall choose from among themselves one who shall be its representative to the
selection process;
b) Each side to the dispute shall then draw by lot to determine which one of them shall
be first to strike out a name from the list of Lupon membership;
c) Each side shall thereafter alternately strike out names from said list until only four (4)
shall remain;
d) The Barangay Captain shall draw by lot from among the four (4) names one who
shall be the alternate member of the Pangkat. The other three (3) shall be the regular
members of the Pangkat.

1.29. Q. What happens if the four remaining names are still objected to by any party?

A. The Barangay Captain shall resolve with finality any objection that may still made
against any of the four (4) Pangkat members selected by the striking out process.
Should be uphold the objection, or in case of vacancy in the Pangkat due to other
cause, he shall draw by lot from among the names of the other Lupon members to fill
such vacancy

Withdrawal of Appointment: Vacancy

1.30. Q. How and upon what grounds may withdrawal of appointment of Pangkat members be
made?

A. By a majority vote of all its members, the Lupon may withdraw the appointment of
any Pangkat member for willful failure or unjustified refusal to serve and perform his
duties as such.

1.31. Q. How is vacancy in the Pangkat filled?

A. The Barangay Captain shall draw by lot from among the other members of the Lupon
to fill any vacancy in the Pangkat.

Officers of the Pangkat

1.32. Q. How may the Chairman and Secretary of the Pangkat be chosen?

A. The three (3) reguilar member of the Pangkat, chosen by agreement or determined by
the striking-out process, shall elect from among themselves their chairman and
secretary.

1.33. Q. What are the powers and duties of the Chairman of the Pangkat?

A. the Chairman of the Pangkat shall have the following powers and duties;

a) Preside over all hearings conducted by the Pangkat and administer oaths in
connection with any matter relating to all disputes brought for settlement before said
body;
b) Issue summons for the personal appearance of parties and witnesses before the
Pangkat;
c) In case of refusal or willful failure to comply with such summons, apply with the city
or municipal court for punishment of the recalcitrant party or witness as for indirect
contempt of court, i.e., by a fine not exceeding one hundred pesos (P100.00) or
imprisonment of not more than one (1) month or both;
d) Attest to the authenticity and due execution of the settlement reached by the parties
before the Pangkat;
e) When the parties agree to have the Pangkat arbitrate their dispute, preside over the
arbitration hearings; and
f) Attest the certification issued by the Pangkat Secretary required for filling an action
or proceeding in court for adjudication.

1.34. Q. what are the duties and functions of the Secretary of the Pangkat?

A. the Pangkat Secretary shall perform the following duties and functions:

a) Issue notices of hearing before the Pangkat and cause them to be served upon the
parties and witnesses;
b) Keep minutes of proceedings for conciliation and arbitration by the Pangkat and have
them attested by the pangkat Chairman;
c) Note in the minutes the willfull failure or refusal of a party to comply with the
summons issued by the Pangkat Cairman and transmit a certified copy of such record
to the proper court having jurisdiction over the matter in dispute;
 d) Immediately transmit to the Lupon Secretary all settlements agreed upon the parties
and arbitration awards made by the Pangkat;
e) Submit copies of said minutes to the Lupon Secretary and to the local city or
municipal court;
f) Issue the certification required for filling an action or proceeding in court or any
government office for adjudication shall show that a confrontation of the parties took
place and that no conciliation or settlement has been reached. Although no such
personal confrontation took place through no fault that can be attributed to the
complaint, such certification may nevertheless be issued; and,
g) Issue a certification for barring the complaint from filling a case or the respondent
from filling a case or the respondent from filling a counter-claim in court in case of
willfull failure of the complainant or respondent, respectively, to appear as provided
in Sec. 7 Rule VI of the Katarungang Pambarangay Rules.

Commencement of Proceedings

1.35. Q. How many individual begin proceedings for amicable settlement of disputes?

A. An individual may complain orally or in writing to the Barangay Captain of the

barangay having jurisdiction over the particular complaint.

Complaint By or Against Barangay Captain

1.36. Q. Where should a complaint against a Barangay Captain in his private capacity be brought?

Effect of Non-appearance

1.47. Q. What is the effect of the refusal or willful failure of any party or witness to appear
before the Barangay Captain and the Pangkat despite summons or notice to appear?

A. Refusal or willful failure of any party or witness to appear in compliance with

summons or notice to appear may be punished by the city or municipal court upon
application filed therewith by the Lupon Chairman, the pangkat Chairman, or by any of
he parties. Further, such refusal or willful, failure to appear shall be reflected in the
records of Lupon Secretary or in the minutes of the Pangkat Secretary and shall bar the
complainant from seeking judicial recourse for the same cause of action, and the
respondent, from filling any counterclaim arising our of or necessarily connected
therewith.

1.48 Q. May a party to a dispute be represented in the Pangkat proceeding by another person?

A. No. The parties must appear in person without the assistant of counsel or
representative, with the exception of minors and incompetents who may be assisted by
their next of kin who are not lawyers.
Settlement of Disputes

1.49 Q. when shall the Pangkat convene after its constitution?

A. The pangkat shall convene not later than three (3) days from its constitution
on the day and hour set by the Barangay Captain to conciliate the dispute
assigned to it.
1.50 Q. What is the time limit for the Pangkat to arrive at a settlement or resolution of a dispute?

A. The Pangkat shall exert all efforts to conciliate the parties within fifteen (15) days
from their initial confrontation extendible in its discreation for another period not to
exceed fifteen (15) more days, except in clearly meritorious cases.

1.51. Q. What is the form of settlement of a dispute?

A. All settlements, whether by mediation, conciliation or arbitration, shall be in writing,

in a language or dialect known to the parties, Settlements by mediation or
conciliation shall be signed by the part.

Barangay Captain or Pangkat Chairman, as the case may be, that such settlement was
agreed upon by the parties freely and voluntarily, after a full understanding of its terms
and an intelligent awareness of the legal consequiences thereof.

The arbitration award shall be signed by the Baangay Captain or all the members of
the Pangkat, as the case may be.

1.52. Q. What is the effect of settlement by arbitration or conciliation?

A. The amicable settlement and arbitration award shall have the force and effect of a final
judgment of a court upon the expiration of ten (10) days from date thereof unless repudiation of
the settlement has been filed before the proper city or municipal court.

1.53.Q. In the exercise of administrative supervision over the Pangkat ng Tagapagkasundo, does
the Lupon have the power to alter awards made by the Pangkat?

A. No the Lupon has no power to rescind, modify or otherwise reverse any award made
by the Pangkat.

1.54. Q. are the courts provided with records of amicable settlements and arbitration awards?

A. Yes. The Secretary of the Lupon or the Pangkat, as the case may be shall transmit the
settlement or arbitration award to the local city or municipal court within five (5) days
from the date of the award or after the lapse of the ten-day period for reupdating the
settlement.

1.55. Q. How may the amicable settlement or arbitration award be enforced?

A. The amicable settlement or arbitration award may be enforced by execution issued by

the local city or municipal court within (1) year from the date of settlement or the award.
Thereafter, the same may be enforced by action in the appropriate city or municipal court.
1.56. Q. when may an amicable settlement be repudiated?

A. any aggrieved party to an agreement for arbitration may, within five (5) days from
date thereof, repudiate or the Pangkat, as the case may be, a statement sworn to
before either of them repudiating the agreement on the ground that his consent
thereto was obtained and vitiated by fraud, violence or intimidation.

Similarly, a settlement by conciliation or mediation may be repudiated by an

aggrieved party for the same grounds, within ten (10) days from date of such settlement.

Failure to repudiate the settlement or the arbitration agreement within the time
limits respectively set, shall deemed a waiver of the right to challenge on said grounds.

1.57. Q. What is the remedy of an aggrieved party in a settle or award?

A. The aggrieved party in a settlement may repudiate the settlement in the manner
described in manner to the preceding question. The aggrieved party in an award may file
a petition for nullification in the proper court.

Legal Advice

1.58 Q. from whom may the Barangay Captain or any member of the Lupon or Pangkat seek
legal advice in the implementation of this decree?

A.The Barangay Captain oir any member of the Lupon or Pangkat may, whenever he
deems it necessary in the exercise of his powers or the performance of his functions and
duties, seek the advice of the city or municipal government, In their absence, the advice
of the Provincial Fiscal may be sought.

1.59. Q. What government agency supervises the implementation of P.D. 1508?

A. The Ministry of Local Government and Community Development shall see

to it that the barangay settlement of disputes implemented by these Rules
shall be efficiently, effectively and fairly administered and carried out.

2. The Judiciary Reorganization Act of 1980, otherwise known as Batas Pambansa Blg. 129: Its
Origin and Objectives:

On August 7, 1080, the President issued Executive Order No. 611 creating a Presidential
committee on Judicial Reorganization, wherein the basic objective is “to improve judicial
services.”

The Order empowers the Committee to formulate a plan on the reorganization of the
Judiciary, wherein its composition shall be:

 Chief Justice Enrique Fernando, Chairman

 Minister Justice Ricardo C. Puno, Co-Chairman
 Justice Ramon C. Aquino – Member
 Justice Ameurfina A. Melencio-Herrera, Member
 Justice felix O. Antonio, Member and
 Deputy Minister of Justice Jesus V. Borromeo, Member.

On October 17, 1980, the Presidential Committee on Judicial Reorganization submitted

its report to the President with the following general guidelines:

 A reorganization, comfortably with the Constitution, toembody reforms in the structure,

organization, and composition of the Judiciary, with the aim of improving the administration
of justice, of decongesting judicial dockets, and coping with the more complex problems of
the present and foreseeable future”.

3. The Judiciary Reorganization Act of 1980, otherwise known as Batas Pambansa Blg. 129: -
Its role in the criminal Justice System.

This act was approved by the Batasan Pambansa on August 14, 1981. The courts to be
reorganized are:

 Courts of appeals
 Courts of First instance
 Circuit Criminal courts
 Juvenile and Domestic Relations Courts
 Courts of Agrarian Relations
 City courts
 Municipal courts
 Municipal circuit courts

The new courts created under the Judiciary Reorganization Act of 1980 are :

 The intermediate appellate courts – In lieu of the Court of Appeals.

 Regional trial Courts – In lieu of courts of First instance, Cicuit Criminal Courts, Juvenile
and Domestic Relations Courts, and Courts of Agrarian Relations.
 Metropolitan Trial Courts – In lieu of City and Municipal Courts and Municipal circuit Trial
Courts – in lieu of city and Municipal courts in cities and municipalities which do not form
part of a Metropolitan area.

We stop further presentation of the Judiciary Reorganization Act of 1980 at this point because
its detailed study will not only be top-heavy for our first year students involved in the criminal
justice education but also would be voluminous for this study if all its contents is embodied
herein. Instead, it is recommended that faculty members teaching this discipline shall apply the
Act for research reference.
 The concluding pages about the courts consist of enlightening news clippings which in a
way, depicts the working mechanics of our judicial system

REVIEW QUESTIONS
(The Court)

1. Give the reasons why the role of the court is

considered, perhaps, the most important in the
administration of justice.
2. Judicially, how is the court looked upon in the administration
of justice?
3. Judges, are appointed by ____________and confirmed by
_____________ but dismissed by ___________after due
process.
4. The Judiciary Reorganization Act of 1980 is otherwise
known as ____________.
5. Name five judicial misconducts and incompetence requiring
reforms.
6. what is the concept of P.D. 1508, otherwise known as
Katarungan Pambarangay?
7. Name the four objectives of Katarungan Pambarangay.
8. Name the two salient points of P.D. 1508.

D. Corrections – The Fourth Pillar

John Kaplan, Professor of Law at the Stanford University, California and Jerome H.
Skolnick, Ph.D. Professor of Law, University of California at Berkeley, co-authors of the book-
Criminal Justice: Introductory cases and Materials, Fourth Edition, by way of introduction states:

“The correctional enterprise is the most hidden, and in many ways, the least understood
part of the criminal justice system. Yet, what happens to a person who has been assigned to an
institution or correctional program is terribly important, since it is here in the real life – that the
purpose of the criminal law is transformed into a meaningful reality. In that sence, the
correctional enterprise carries the burden of justifying the entire criminal process”.

By definition, Benjamin Frost, in his book - - Contemporary Corrections, states that

corrections is that branch of administration of criminal justice charged with the responsibility for
the:

 Custody
 Supervision
 Rehabilitation

Of the convicted offender.

In the Philippine setting, correctional institutions such as jails and prisons are basically
the responsibility of the Bureau of Prisons, under the Department is the ordinary and most
resorted to method of punishing the criminal by our courts.

Hence, among the five pillars composing our criminal justice components, corrections is
looked upon with disdain, due to its failure to reform the criminal before they are returned to the
community.

On the other hand, correction is the attitude and response of society to the criminal
behavior of the offenders, wherein it has served such purposes as :

 Punishment
 Deterrence
 Isolation
 Rehabilitation
 Reintegration
 Punishment has been synonymous to correction, particularly in cases that involve serious
crimes. For every wrongful act committed there is always a law providing for its
punishment.

Today, basic attitudes towards punishment are not scientifically charged as well as the
means of exacting punishment. In contemporary society, hanging, electrocution, gassing and
shooting is still the usual form of punishment. And for some inexplicable reason, society has
most often resorted to severe punishment as the method of compensating the criminals wrong
doing against society. In some instances, if an offender has been punished for his antisocial
act, it is consider has been punished for his antisocial act, it is considered that the punishment
imposed has atoned for his crime.

 Deterrence is next in importance as a meaningful principle principle of corrections.

The concept of deterrence in punishing the criminal will set an example to discourage others
from committing criminal acts, thereby reducing the incidence of criminal behavior would be
effectively deterred by punishing an offender to the point where the pain of punishment is greater
than the pleasure derived when committing the offense. This is categorized as a pleasure pain
deterrent strategy”.

Case study:

To elicity the validity of the aforecited strategy, a survey was conducted among
criminology student in this school, based in a rape case from the blotter of a police department.
The Facts:

A 50-year old widower started raping his 14-year old daughter, up to the stage that her
pregnancy became a neighborhood knowledge. The Barangay Chairman, through the proddings
of the residents of the community, brought the father and daughter to the police station. The
father confessed. The medico-legal officer, after examining the daughter, revealed in his report
that the girl is two months pregnant: that she had a previous abortion.

The police filed a criminal case against the father. When arraigned, he pleaded guilty and
subsequently was confined to prison. The daughter was placed under the custody of the
Department of Social service.

Sentencing the father to a prison term for causing his daughter to bear his off-spring is
not, according to the survey, the deterrence to the pleasure pain strategy. Confining the father
simply deters him temporarily from satisfying his lusts, as evidenced in the findings of the
medical officer that the daughter had a previous abortion. In jails and prisons have ways and
means of sexual satisfaction.

On the other hand, the students contend that a more severe, more lasting deterrence to
serve as a deep-rooted remembrance is to deprive the offender of his most coveted manly
possession.

Simply, the deterrence must be to cut it off.

Thus, they stressed what can be a more memorable deterrence to substantiate the theory
that the degree of pain inflicted must be greater that the pleasure derived when actually
committing the criminal act?

In the annals of crime, an act considered more heinous to deserve capital punishment is
for a father to violate his own daughter to bear his own child.

Yet, our students theorized that in this specific case, they are the humanist party and are,
therefore, against the imposition of death penalty to the father, or to any other similarly situated
fathers. They further ever that life should not be taken away. Instead, the deterrence they
recommend is simply to deprive the offender of his manly life. Thus, deterrence is more lasting!

 Isolation is simply another form of incarceration.

In the criminal justice processes, after the court sentences the criminal, he is remanded to
jail/prison. He is therefore incarcerated - - isolated from his family and from society. This is
then the principle of separating (isolating, incarcerating) the rotten apples from the good
apples to prevent contamination. Hence, the construction of jails and prisons to isolate and
accommodate them.

In the scheme of social defense in the Philippines, the Bureau of Prisons is entrusted with
two basic goals.
 To segregate from society, persons who by their acts have proven themselves dangerous to
society, and
 To strive at the corrections of these prisoners with the hope that return to society, they shall
be able to lead normal, well-adjusted, self-supporting and useful lives as good and law-
abiding citizens.

There are more than 1,500 correctional institutions in the Philippines. Of these number are:

 Eight (8) insular prisons under the supervision and control of the Director of Prisons.
 Seventy-two (72) provincial jails, administered by the provincial governors, and assisted by
jail wardens.
 Sixty-five (65) jails, and
 One thousand four hundred forty seven (1,447) municipal jails which are administered by
local police agencies under the Integrated National Police.
 Rehabilitation is another goal of corrections, which lately received attention because of the
“new penology” concept. This goal (rehabilitation) connects criminal behavior with
abnormality or some form of deficiency in the criminal. It considers that human behavior is
the product of previous causes and in order to effectively deal with any deviant behavior,
these various causes must be identified whether physical, moral, mental, social, vocational, or
academic. Once the offenders problems are diagnosed and classified for treatment, the
offender can be corrected by the right psychological or physical theraphy, counseling,
education, or vocational training.
 Reintegration is the latest philosophical basis for corrections wherein the offender is
reintroduced into the free community. This model is a practical and realistic extension of the
rehabilitative philosophy and tries to compensate for the weakness of that approach while
adopting some more acceptable ideas. It analyzes the cause of crime and the functions of
corrective efforts along two dimensions.

Reintegration, like the rehabilitative model, views, the offenders as needing help, but at the
same time, recognizes that criminal behavior is often a result of separation between the offender
and his family, the offender and the community.

It is this characteristic that separates integration from the rehabilitative model because:

 In the rehabilitative model, emphasis, is focused on treating the offender as an isolated

individual and looking for the cause of behavior as coming from within the individual.
 The integrative model, on the other hand, realizes that society and the individual are
inseparable, so that offender’s environment is also emphasized. If the offenders are to be
helped, then they must be assisted in coping with the forces of the everyday environment to
which they will return upon release from prisons. Outside environment is a very different
world from the highly controlled and artificial world of the penitentiary.
 Gleaned from the FACT SHEET, one of the informative hand-outs about Philippine Criminal
Justice System issued on the occasion of the FIRST NATIONAL CONFERENCE OF A
STRATEGY TO REDUCE CRIME UNDER THE NEW SOCIETY, jointly sponsored by the
National Police Commission and the Integrated National Police, held in the Philippine
International Convention Center on July 22-26, 1976.

E. Community – The Fifth Pillar

In a community wherein the basic problems and needs of its residents are well attended
to, wherein inter-actions among its residents are actively discussed and resorted to,
community relations is a framework worthy of emulation.
 Because community problems are the primary concern of the police, as community
involves people, and only people commits crime, Gov. Gen. Wm. Howard Taft, the first Civil
Governor appointed by Pres. Wm. Taft is but a page in Philippine police history of
community development.

Thus, in our study, it is necessary to search for the appropriate yardstick which will align
the four pillars of police, prosecution courts, corrections with the community so that its
linkages and inter-relationships can be mutually beneficial.

Therefore, the sequencing of community relations with the four pillars of the system may
have something to do with what each one of the pillars can do for each other - - what the
community expects from the police, the prosecution, the court and corrections and vice
versa.

An example is in the law enforcement (police) role wherein the condition of legality (the
law) is generally clear out. When the police is performing this role, he applies legal sanction
by arresting the offenders. He performs his duty to safeguard the community’s peace and
order condition.

(for emphasis, we reiterate that community is people. It is the main concern of the police
in the operation of the criminal justice processes. Only people commit crime, and they
invariably do so through the medium of things, Hence, without crime the quest for justice
lacks substance. Consequently, police work will lack glamour and excitement.

The method by which the police can gain the approval and confidence of the community,
aside from rendering the usual crime protection, involves providing them with social
services. Although these are classified by the police as the “non-essential police functions”,
wherein some elements in the police abhor or hate the very idea, still it is considered
important in police-community relations.

The above view of police-community relations is based on the concept that without a
minimal amount of cooperation and respect from the community the performance of police
work can be difficult and hazardous. In police work, whether in crime prevention or crime
investigation, information is vital element to a law enforcement officer. The community is a
rich source, a rich reservoir of information. A patrolman, from the time he is assigned as a
uniformed beat policeman, must start developing his police-community relations. It
becomes an asset to him once he becomes involved in criminal investigation work, as a
detective.

As repeatedly stated, community problems and needs should be a primary concern of the
police because crime involves people. The role of the police in contemporary society is
basically crime prevention - - the maintenance of peace and order, since the nature and
degree of law enforcement depends on the extent to which the community’s problems and
needs are immediately and satisfactorily attended to by the police.

The community is the end-user of the by-product of the police, the prosecution, the court,
and corrections. Whatever is the end-result of the different processes and its effect to the
criminal, the community has to contend with it.
 Hence, the police, as the prime mover of the system, should maximize his services to the
community by developing insights into the current community needs and problems with
respect to the protection of life and property and the preservation of human rights, and the
understanding of current thrusts in criminal justice.

Community is the fifth, the last link, of the criminal justice system. It is the source where
the four pillars draws its resources of m
An, money and material. It is also where the system operates to test its viability and validity.
Hence, the entry of the police into the community for law enforcement and peacekeeping
ensures the establishment of police-community relations.

In its law enforcement functions the police initiates the legal action when a member of
the community deviates from the accepted norm of society. The offender is arrested, and
therefore, withdrawn from the community, and confined in jail.

The cycle of the criminal justice system is now set in motion when:

 The police present the case to the prosecutor.

 The prosecutor, in the absence of any plea bargaining or other remedies remands the case to
the court.
 The court takes cognizance of the case
 Corrections, which takes custody of the offender, applies the technique of diversion and other
programs.
 The community accepts the re-entry of the offender into its fold (community)

Thus, the process of linking the five pillars of police, prosecution, courts and correction of
our criminal justice system complete its interrelated scheme of reciprocal responsibility in the
community.

At the outset, this study pointed out that the purpose of the criminal justice system is:

 To process those who have been involved in criminal activities.

To attain such purpose, hereunder is the pattern of the system like process.

 The police, as the prime mover of the criminal justice system, are responsible in gathering
evidence and arresting the suspected law violator.
 The system receives the defendant, if convicted and sentenced to prison, and keeps them until
the parole boards grants them parole or they have completed their sentences.
 Finally, the parole board assists released prisoners in their return into the community.

Obviously, except for the police, whose primary role in these processes is to:

 Arrest the criminal

 Prevent the commission of the crime
 Maintain peace and order
The other three functional components - -
 Prosecution
 Courts
 Corrections

Are, on the other hand, concerned with the protection and welfare of the criminal, so that in all
appearances, it obviously reveals that this study of criminal justice is suitably tailor made for the
criminal.

A. Pro-format for the Criminal Welfare

We have learned in the earlier part of this study how the criminal justice apply the criminal
law against the offenders who commit crimes, and yet, at the same time, they are protected of
their rights by the same criminal justice agents.

Such is the situation because the police are required by the law to respect the rights of the
offenders. In fact, society, in its program of social justice for the offenders spends huge amount
of money on projects for offender oriented reform and rehabilitation, such as:

 Plea bargaining
 Nolle prosequi
 Diversion
 Reduced charges
 Probation
 Parole, etc.

Undeniably, all the aforementioned reform programs of the criminal justice system are
the so-called pro-format procedures (theory of relativity) solely for the criminal welfare.

The Victim : The Forgotten Man of the System

Dr. Robert Reiff, Professor in Psychiatry and Psychology and Director of the Center for
the Study of Social Intervention, Albert Einstein College of Medicine, New York City, in his book
- - the Invisible Victim, bewails the criminal justice system’s pampering the criminal but on the
other hand, neglecting and forgetting the system;s responsibility to the victim.

He states that in the American system of criminal justice, the victim is the forgotten man;
that their laws protect the right of the criminal offender, but offer little or no protection of the
rights of the three to five million people who are victims of violent crimes each year.

The author reveals how the victims are discriminated against by the courts, the
prosecution, the police, and the social service systems, and how the discrimination adds to the
hurt (pain) already suffered.

Based on the fice pillar-concept of study of ourcriminal justice system, our students must
be motivated to conduct a research to determine if our government has formulated laws in the
form of restitution to alleviate the sufferings of victims of violent, heinous crimes,. If so, our
students should then be guided on how to pursue the objective which will serve as their
evaluative-accomplishment of the course.
 He reveals how the policies and practices of those agencies systematically deny victims
justice, refuse them aid and prolong their agony. The agony of victims of violent crime is,
indeed, a horror story; what happens to the victims are not just unfortunate accidents; they are the
result of social policies, practices, and procedures of the criminal justice system and human
service agencies.

Restitution

When the social fog that makes the victim invisible is lofted; when the full impact of
injustice to the victim of violent crime is known; when the propole realize that there are more
victims of criminals than of fires, floods, and earthquales-they may want to do something to aid
victims. Looking forward to that time, the author (Robert Reiff) concludes that he will propose a
number of prescriptions designed to bring justice and aid to the invisible victims.

Conclusion

In the context of Philippine-setting our five pillars of criminal justice system follows the
basic American pattern-that more concern is given to the criminal than to the victim.

How can we then, the teachers who teach this subject and the students who must learn
from it, blend the system so that criminal justice must work both ways between the offended and
the offender?

The writer of this study believes that this is a stimulating situation for research. Our local
police, prosecution, court, correction and community is rary study in revising criminal justice
program to blend with Philippine setting.
 REVIEW QUESTIONS
(COMMUNITY)
1. Community is people and only people commit crimes. As the first Governor
General of the Philippines during the American occupation what policy of
attraction did do to ensure peace and order condition among the Filipino?
2. In police-community relations, what public attraction method can the police
introduce to gain, not only the approval, but also the respect of the community?
3. why are community problems and needs also considered a primary concern of the
police?
4. How could the police, as the prime mover of the criminal justice processes,
maximize its services to the community?
5. At what stage in your career as a law enforcement officer, will you start your
community relations linkage?