Question No. 1.

Kindly discuss the relationship of each Pillar and how it works to ensure that justice will be served fairly for
the victims and as well as for those law violators. No. 3. Are in in favor with the charter change as one of the means to
amend some provisions of the law covering the criminal justice process...

Discussion No. 2 What are the problems commonly encountered by each pillar of justice system and recommend at least three
solutions?

Answers:

The common problem plaguing the pillars of the CJS is the lack of funding to pursue their programs. Given the limited
resources, the institutions must learn how to work with the resources available to them. Significantly, the Social Contract of the
current administration advocates change from within. The government must realize, however, that a simple directive in a document
such as the Social Contract will not automatically translate into good governance. Support is necessary to strengthen institutions and
instrumentalities.

The problems commonly encountered by each pillar of the justice system are:

1. LAW ENFORCEMENT PILLAR

A. Problem Encountered under Law Enforcement Pillar:
1. The lack of resources has been the major challenge for the agencies under the law enforcement pillar. Even if
agencies such as the PNP receive a considerable amount from the national budget, this remains insufficient to
answer for the increasing needs of the community for peace and order.
2. This lack of resources consequently results into another challenge that agencies in the law enforcement pillar face –
the lack of facilities. Undeniably, the lack of facilities has been a source of problems in the law enforcement
agency.
3. The increasing demand for more law enforcers is inevitable with the increasing population. As it is, the country’s
population rate has grown acutely. However, the number of law enforcers has not grown that much. In its ITP, the
PNP desires to achieve a ratio of one police officer for every 500 population.
4. Coordination between law enforcement agencies is also something that is much left undone. Ideally, each law
enforcement agency should be able to easily tap information from one another in monitoring crimes and movement
of criminals. However, such coordination has been slow and there exists no single database for these agencies to use
in addressing crimes.
5. The extent of control of local government units over the police remains to be a problem. The extent of the local
government’s role in policing functions is still vague and highly subject to politics.
6. Anti-corruption efforts are also well under way for the law enforcement pillar. Images of the corrupt cop are not
easily erased from people’s minds and thus, the pillar has to continually endeavor to transform this perception.
7. Programs and plans of the law enforcement agencies are very ideal and indeed transformative. However, much of
the transformation happens at the top levels and at headquarters. Admittedly, the PNP, in their SWOT Analysis,
recognizes that there is resistance to change and often, such changes have not fully cascaded to all units. Thus, the
ability to let these changes in the system reach the grassroots of every community continues to be a challenge for the
law enforcement agencies and a major factor in the success or failure of such plans.
B. Recommended Solution For The Problem Under Law Enforcement Pillar
1. The PNP’s Integrated Transformation Program must be continued. However, the leaders should ensure that whatever
changes will be implemented will reach the grassroots level.
2. The law enforcement agencies, particularly the PNP, must coordinate with local government units and set out a clear
definition of its role in local law enforcement.
3. Politics among the ranks must be minimized if not completely removed. Independence of the police force, especially
at the local level, must be maintained and a clear system of accountability be set in place.
4. Improvement of information channels to change public perception about the police should also be undertaken. If the
community perceives the law enforcer as an ally rather than a possible enemy or cohort of a criminal, there will be
more coordination and cooperation in the reporting and solving of crimes.
5. Integration of functions may be in order because of budget constraints. Although rationalization has been
implemented or is being implemented in these agencies, a review of their functions is still necessary in order to
conserve limited resources. Specialization of the agency’s functions instead of further broadening is also
recommended.
6. A creation of an integrated crime management information system to be shared by the law enforcement agencies
would also be necessary to further improve the criminal justice system.

2. PROSECUTION PILLAR
A. Problem Encountered
The number of cases being handled by the lawyers affects their performance. The more cases a lawyer
handles, the less attention is given to individual cases. This affects the prosecution of the cases itself and likewise
affects the speedy disposition of cases. It affects congestion of court dockets and of jails. A study conducted on the
DOJ states that access to justice is undermined if evidence is not gathered or properly preserved to support a case, if
prosecution is delayed, and if legal assistance to pauper litigants is not available or the quality of legal services is not
satisfactory to support the requirements of the concerned party. Furthermore, success is also limited by lack of
awareness by poor litigants of the services available to them, distant geographical proximity, unavailability of public
attorneys and prosecutors, and inability of DOJ to defray the cost of these services considering severe funding
limitations.
 The problem is not simply solved by increasing the number of lawyers in the NPS, PAO or OMB. Strict
monitoring of the progress of cases must be implemented and corresponding penalties must be imposed on erring
lawyers.
B. Recommended Solution For The Problem Under Prosecution Pillar
1. 1. There is a need to strengthen the capability of the agencies by increasing the number of personnel. This is
difficult considering the budgetary constraints and the current rationalization program of the government. However,
the concerned agencies have already put in place mechanisms to ease the caseloads of prosecutors and PAO lawyers.
2. 2. The cost of litigation at the prosecutor level should be further reduced.
3. 3. The three agencies say that there is a need to raise the level of awareness with respect to VAWC and HR issues.
Thus, the agencies must coordinate with the other agencies, particularly with the courts and community pillars, to
update themselves with human rights concerns.
4. 4. The use of ADR mechanisms should likewise be promoted. This would not only decrease the number of cases
being filed at the prosecution level, but at the same time ease the case load of PAO lawyers.
5. 5. Coordination of the prosecution pillar with private practitioners and other legal aid organizations must be also
strengthened. This would help lighten the load of both prosecutors and PAO lawyers.
6. The current Jail Visitation, Decongestion, and Medical Program must be continued.
7. A system for the monitoring and evaluation of the effectiveness of programs must be adopted by the agencies.
8. The Witness Protection Program has to be further strengthened.
2. COURT PILLAR
A. Problem Encountered
Lack of facilities and insufficient number of judges and resources have always been common complaints
while delays in the adjudication of cases are a regular malady of the pillar. To a point, the SC recognizes that de-
clogging court dockets is one of the most effective ways to address access to justice. The SC should continue to
spearhead innovative changes in the Rules and employ means to fast-track case disposition. This means the courts
should not only strengthen further their disciplinary measures in case management but should also recognize that
there are other means to resolve cases. Accessibility of the courts should also be continually improved. The EJOW
is a prime example where the courts go to serve the people instead of the people going to the courts.
Decentralization may likewise be a key to address issues that have commonly plagued the courts.
B. Recommended Solution For The Problem Under Court Pillar
1. Changes in the procedures are still crucial. Review and improvement of the Rules of Court are necessary to find ways
on how to speed up the disposition of cases. The Rules of Court has to be made more responsive to the current needs
of the times. Mobility and opening new modes of communication must be integrated into the system.
2. The Court must push for full computerization. Although there are budget constraints, computerization of courts is
necessary in order to ensure an efficient case management system. Pilot systems that have been successful should be
slowly implemented in all courts and media relations should be further developed to improve awareness of the
people.
3. Online payment of legal fees, e-documentation and e-filing must be pursued.
4. New modes of discovery must also be studied with possible integration into the system.
5. Enforcement of mandatory timelines must be set more strictly. The courts need to strengthen disciplinary measures to
ensure speedier disposition.
6. Decentralization, especially in administrative matters, is also recommended in order to address the immediate need of
local courts. As long as a clear and strong system of accountability is put in place, corruption concerns and lapses
would be prevented.
7. The court must also continue its initiatives to further broaden access to justice by the poor and marginalized.
Programs such as the EJOW should be continued and expanded, which is actually being carried out by the SC.