WHAT THE STRENGTHS ARE (1) NORMATIVE PROTECTION AND INSTITUTIONAL FRAMEWORKS FOR CRIMINAL JUSTICE IN PLACE, INCLUDING

MECHANISMS FOR CONTINUING REVIEW AND REFORM 3.1.1 The legal and tradition based frameworks for criminality and justice remedies are in place as provided for in the Constitution and translated in our laws. Laws formalizing the traditional laws particularly of Muslim Filipinos and indigenous peoples are also in place. There is awareness and initiative among political leaders of the need to continuously review and update our criminal laws demonstrated among others by the passage of the anti-money laundering act, the passage of laws within the last 10 years protecting the rights of women and children, indigenous peoples, urban poor, persons with disabilities and other vulnerable sectors. The institutional framework for the criminal justice system is also in place and ripened by long history and continuously evolving and expanding (see section 2.4 Institutional Framework,Chapter 2). 3.1.2 Two key executive orders, EO 366 and EO 444, and the provision in the annual general appropriations act of the authority to reorganize government agencies put in place mechanisms for wider and more comprehensive approaches to reforming public sector institutions. EO 366 calls for the rationalization of the mandates, functions, structures, staffing and budgets of national government agencies. EO 366 requires departments and agencies to anchor their rationalization program on a set proper roles and the corresponding shift in the focus of their mandates and functions. EO 444 calls for the conduct of a strategic review by DILG of departments and government owned and controlled corporations for purposes of identifying functions, programs, projects and activities that are to be devolved to local government units. 3.1.3 Our criminal justice system has legal mechanisms for the protection of women, youth, indigenous peoples, and other vulnerable groups. At least 15 laws have been passed during the last decade on the protection of their rights. PNP and NBI have established mechanisms at the police station or point of access for dealing with women and youth. The PNP operates women and youth desks in police stations manned by accordingly trained policemen/policewomen. The DSWD and civil society organizations maintain several halfway houses and social service centers that address the needs of women and youth in conflict with the law or victims of crimes. 3.1.4 In actual practice however, much remains to be done to establish a culture of human rights and gender as well as youth sensitivity both in the operational processes and practices and organizational cultures of criminal justice institutions. (3) RECOGNITION AND CORRESPONDING EFFORT TO IMPROVE COORDINATION OF ACTIVITIES ACROSS PILLARS PARTICULARLY IN MANAGEMENT OF CRIMINAL CASES THE THE

3.1.5 The creation of the inter-agency task force on pillars of justice is a concrete mechanism that provides a venue to improve inter-pillar coordination both at policy and operational levels. There is also a need to formalize inter-pillar coordination particularly at the process level, meaning in the management of individual criminal cases. This emanates from a corresponding recognition of the impact of weak interpillar coordination on the speed and quality of the prosecution and litigation process, on conviction and on the rendering by the court of the appropriate remedies.

(4) STRONG AND VIGILANT COMMUNITIES AND CIVIL SOCIETY ORGANIZATIONS WITH INCREASING PARTICIPATION IN DISPUTE RESOLUTION, IN ANTI-CRIME WATCH, ANTI-CORRUPTION, LEGAL DEFENSE, HUMAN RIGHTS ADVOCACY AND RESTORATIVE JUSTICE, AND WITH IMPROVING CAPACITY TO DEMAND JUSTICE REMEDIES 3.1.6 There are growing initiatives in civil society to organize the community into a powerful and constructive force, both in demanding appropriate justice remedies and in contributing to providing justice remedies. 3.1.7 The Commission on Human Rights leads the way to promote a rights based system of criminal justice. These are undertaken through several interventions such as jail visits and evaluation, independent fact-finding and investigation, human rights advocacy and promoting citizens human rights capacities by implementing human rights teaching exemplars in coordination with DepEd. 3.1.8 The Office of the Ombudsman is also initiating its own teaching exemplars and community awareness programs on corruption. 3.1.9 Community groups provide a variety of services including community based legal services (through the Barangay Justice System, FLAG or Free Legal Assistance Group, Catholic Lawyers Guild, and St. Tomas Moor and Associates, among others); and community policing (through the Federation of PNP-accredited NGOs or FAN under their community policing programs along specialized areas of interest such as drugs, pornography, violence against women, etc). The role of an organized community is primarily that of providing assistance to demand justice remedies, restorative justice, community information and education, and community dispute resolution. (5) VIBRANT MEDIA CONTRIBUTING TO THE IMPROVEMENT OF THE CAPACITY OF COMMUNITIES TO DEMAND JUSTICE REMEDIES, AND TO THE STRENGTHENING OF THE PUBLIC ACCOUNTABILITY OF CRIMINAL JUSTICE INSTITUTIONS 3.1.10 The impact of the media in strengthening community capacities to demand justice remedies are yet to be assessed. But media has played a strong role in popularizing the criminal justice system to the masses through its various programs. (6) EMERGING CULTURE OF REFORM, OPENNESS TO NEW FORMS OF DELIVERING JUSTICE, AND ORGANIZED REFORM PLANS AND PMOS THAT WILL PAVE THE WAY FOR MORE MEANINGFUL REFORMS IN THE CRIMINAL JUSTICE SYSTEM 3.1.11 The sheer number of the diagnostic and reform program studies in the pillars of justice and the growing interest and commitment of the leaders of the three branches of the government indicate a bright future for the criminal justice system. Formally approved plans implemented by fully operational and emerging PMOs (Judiciary, PNP, OMB, CHR) with the corresponding staff competencies and strong, vision driven leaderships will pave the way for a more sustainable and long-term as well as integrated reforms in the criminal justice system. (7) AWARENESS BY NATIONAL GOVERNMENT OF THE NEED FOR INFUSION OF MORE RESOURCES AND IMPROVEMENT IN INSTITUTIONAL RELATIONSHIPS TOWARDS STRENGTHENING INDEPENDENCE AND INTEGRITY

3.1.12 The issue of severe resource constraints is common to the law enforcement, prosecution, public defender and judiciary pillars, which the Department of Budget and Management has recognized to be a genuine concern. The national government has made tremendous strides in providing resources to increase judicial salaries and police compensation, and to finance pilot implementation of certain judicial reform projects. But much remains to be done to enable the pillars to operate within minimum resource requirements. 3.1.13 There is also growing awareness of the need to provide mechanisms for strengthening the independence of criminal justice institutions particularly in the provision and management of budget, manpower, and physical resources. 3.1.14 The advocacy on these was started by the Judiciary with the proposed operationalization of judicial autonomy. Conferences with leaders in Congress and Executive Branches generated enunciated support, but much remains to be done to actualize autonomy mechanisms in operational policies and processes. 4 WHAT NEEDS TO BE IMPROVED UPON (1) WEAK PUBLIC TRUST AND CONFIDENCE AMIDST PERCEPTION OF CORRUPT, POLITICIZED AND WEAK CRIMINAL JUSTICE SYSTEM INSTITUTIONS 4.1.1 Opinion surveys have indicated consistent perception of a worsening corruption situation in the public sector, particularly in law enforcement, prosecution and judiciary pillars. While comprehensive reforms are being initiated in the PNP and the Judiciary, and more are being planned in the other pillars, they will face profound challenges in engendering public support to the reform process at a time when public trust and confidence in the system is at a low. (2) LACK OF MEANINGFUL INDEPENDENCE OF CRIMINAL JUSTICE SYSTEM INSTITUTIONS, AS INDICATED IN THEIR INSTITUTIONAL FRAMEWORKS AND AS REFLECTED IN THE ADMINISTRATIVE AND FINANCIAL PROCESSES OF GOVERNMENT WHICH EFFECTIVELY INSTITUTIONALIZED VULNERABILITY TO POLITICAL PRESSURE AND CORRUPTION 4.1.2 While the notion of independence has normally applied to the Judiciary, there is also a need for independence in law enforcement, prosecution and correction agencies, such that they will maintain their impartiality in police investigation and prosecution and will not be influenced or harassed particularly where a criminal case involves a high-ranking politician, national government executive or influential economic elite.

Independence issues in law enforcement and prosecution

4.1.3 Law enforcement agencies must have independence in order that they can objectively investigate and apprehend offenders regardless of their socio-economic or political status. Mechanisms within the PNP and NBI that will ensure the integrity of physical or scientific examination of crime evidence should be put in place by establishing a system whereby independent laboratories undertake the examinations, particularly in cases where a police officer is an accused party. Similarly, prosecutors must likewise be insulated from political pressure where the suspect of the case involves someone politically powerful. The independence issue in law enforcement and prosecution is both institutional and individual. Where the PNP releases findings of a scientific investigation, the integrity of such findings becomes

an issue of institutional credibility. Where a police report is made, the integrity of such report is an issue of individual credibility. 4.1.4 But the current institutional frameworks of the law enforcement and prosecution pillars render them extremely vulnerable to political pressure and harassment. In particular these vulnerabilities are found in the following institutional mechanisms: a) Local government units are mandated by the local government code to provide funding support to the police and prosecutors in their respective jurisdictions. In practice many local governments adopt discretionary and highly negotiable processes for the infusion of resources to the pillars. Most local governments provide monthly allowances and travel allowances to policemen, prosecutors and their staff based on amounts determined at the discretion of the executive head. Supports for office facilities, cars and equipments, and in some cases personnel, are also done on a discretionary basis. This renders the individual policeman and prosecutor personally beholden to the mayor on whom the decision to increase and release allowances and perks depend. b) The National Prosecution Service (NPS) is an organic unit of the Department of Justice and reports administratively to the Secretary of Justice. The lack of institutional independence of the NPS renders it highly vulnerable to political pressure in cases where high-ranking government officials are the accused parties. The institutional independence of the NPS is an essential part in ensuring an impartial preliminary investigation and prosecution. c) Similarly, the police are extremely vulnerable to politicization, which lies in the appointment, promotion and disciplinary systems of the police force. LGUs have a hand in deciding on police recruitment and promotion, along with the President who also exercises these powers, as well as with members of Congress, who send recommendations to the police regional directors or PNP Chief. Police discipline is also exercised by LGUs, NAPOLCOM and the President. This system severely undermines unity of command and authority of the PNP Chief and the integrity of the human resources management system erodes accountability. d) Low remuneration furthermore renders policemen and prosecutors vulnerable to corruption. According to PNP officials, about 80% of policemen in Metro Manila live in poverty and in slum dwellings. On same vein, the salary of senior prosecutors is lower than the entrance basic pay of a medium-sized law firm in Makati.

Judicial independence
4.1.5 The independence of the Judiciary is enshrined in the Constitution but its operationalization is undermined by mechanisms that render it vulnerable to undue political influence. For example, the annual budget of the Judiciary is subject to detail scrutiny and determination by the other branches of government and its release is negotiable due to the transactional approval release process. The Executive Branch reviews and approves the creation or modification of the Judiciarys administrative structure and staffing and the realignment of its budget. LGUs also provide funding support to the courts on a highly discretionary basis. Some LGUs provide monthly and travel allowances and equipment upon personal request of the judge and personal approval of the LGU head. Judicial appointments are vulnerable to undue political influence if the procedures for such accommodate political recommendations. Low judicial remuneration also renders judges and court

personnel vulnerable to bribery, while centralized control of administrative and financial decision making, accompanied by highly discretionary management decision making, threatens decisional independence from within the Judiciary itself. The Judiciary is initiating several reform measures to insulate the courts from undue politicization, but many of these reforms require corresponding reforms in the operational policies, processes and practices in LGUs and in the Executive Branch. A proposed legislation must be passed by Congress to effect and sustain judicial independence. (3) INEFFICIENCY OF THE JURISDICTIONAL STRUCTURE OF THE COURTS WHICH HAS EVOLVED OVER TIME AS TO ITS IMPACTS ON ACCESS TO JUSTICE 4.1.6 The jurisdictional structure of the courts is defined both in geographical and functional terms 12, and therefore the manner in which the jurisdictions of the courts is structured will have profound implications on geographical access on one hand, and on case management efficiency as well as judge capacity on the other. 4.1.7 The jurisdictional structure of the courts has evolved over time as the courts respond to specific needs. Family courts, drug courts and heinous crimes courts were established by designating or converting lower courts into such special purpose courts. Proposals to create small claim courts to facilitate processing of small claims cases, as well as the reassignment of small and less complex cases from Sandiganbayan to the RTCs or first level courts and the establishment of court annexed mediation system should be considered within the broader and more comprehensive review of the jurisdictional structure of the courts. (4) COMPLEX RULES OF COURT AND LAWS THAT CONTRIBUTE TO CONGESTING POLICE AND PROSECUTORS LOGBOOKS AND COURTS DOCKETS 4.1.8 Feliciano and Muyot argue that the complexity of the court procedures further delay litigation. According to these authors, there are aspects of procedures which the Supreme Court must address like the problem of language in court proceedings, including the need to seriously look into the translation of legal documents, prioritization of cases where communities are represented (e.g., prioritization of cases in the Rules of Court in favor of the indigents), and removal of reinterpretation of court processes that effectively remove judicial redress to marginalized sectors or communities. 4.1.9 Their study pointed to the Constitutional requirement where a judge must repeat all the facts of a case in a decision as contributing to delay. According to them, since judicial writing causes delay, distinction is needed between cases that deserve lengthy decisions and those that do not. If a judge is not required to repeat all the facts relevant to the decision, it will greatly shorten the time necessary to pen decisions. The same authors pointed to the need for strict compliance to pre-trial procedures so that the parties may agree on certain things and not make it subject to objections when trial has already commenced. 4.1.10 Feliciano and Muyot also see the need to adopt continuous trial instead of the practice of piecemeal or segmented trials. Continuous trial is currently underutilized or even flagrantly ignored by judges. The Continuous Trial System requires that the presiding judge: (a) adheres faithfully to the session hours prescribed by law; (b) maintains full control of the proceedings; and

(c) efficiently allocates and uses time and court resources to avoid delay. This is a mode of judicial fact finding and adjudication with speed and dispatch so that trials are held on the scheduled dates 12 Geographical jurisdiction defines the authority of the court over the case based on the location of the subject or issue in dispute. Functional jurisdiction defines the authority of the court to take cognizance of the case based on such factors as disputing parties, subject of dispute, geographical locations of the subject parties, and punishment or penalty involved without needless postponement. To address the issue, Feliciano and Muyot propose the adoption of the following: a) Decriminalization and de-penalization of certain offenses where there is no specific party involved. For example, the abolition of the crimes of prostitution, vagrancy, unjust vexation, premature marriages, failure to render assistance of or assume public office, simple disobedience to an agent or a person of authority, causing alarms and scandals, and traffic violations may be a subject of a possible legislative measure. A deeper study on the matter is thus called for to determine the viability of the proposal. b) Amendment of the Bouncing Checks Law (BP Blg. 22). This must likewise be studied so that: (a) the case can only brought to the regular courts if the dishonored check is of specified amount or amount involved is huge, and (b) checks issued as guarantee for an obligation is excluded from its coverage. c) Adjustments in the threshold amounts in crimes against property under the Revised Penal Code (such as theft and estafa) to make them more attuned to the times. These amounts, on which the corresponding penalty is based, were determined some 70 years ago. If the Code is amended, many crimes against property will be resolved at the level of the metropolitan and municipal courts, instead of the regional trial courts. (5) DISJOINTED AND UNCOORDINATED CASE MANAGEMENT SYSTEM ACROSS THE PILLARS 4.1.11 Diagnostic studies cite poor coordination between the courts and court-related agencies, particularly those involved in law enforcement, as one of the primary causes of judicial delay. Policemen, agents of the National Bureau of Investigation, and medico-legal officers fail to appear on the dates they were scheduled to take thenwitness stand. This situation unduly burdens and compromises the case of the prosecution, who may end up failing to establish proof beyond reasonable doubt in a given case. There are instances where warrants or subpoenas were not served by the police or by process servers, and indispensable laboratory reports not submitted by government forensic chemists. 4.1.12 Officials of court-related agencies moreover engage themselves in turf-wars, grandstanding and jurisdiction disputes, adversely affecting the purpose of investigation especially when agencies submit conflicting reports and recommendations. 4.1.13 While there are efforts to coordinate case management across pillars, a formal mechanism must be put in place that will harmonize and synchronize skills, processes and rules with inter-pillar workflows, and improve inter-personal relationships among policemen, prosecutors and public attorneys. Relatedly, there may be a need for a law to be passed to better define and refine the duties and limitations of court-

related agencies to avoid overlapping of functions and responsibilities, as well as to properly enforce coordinative requirements among them. (6) WEAKNESSES IN CRIME INVESTIGATION AND CASE MANAGEMENT CAPACITIES OF THE POLICE FORCE CONTRIBUTING TO THE LOW CONVICTION RATES AND THE HIGH ARCHIVAL RATES IN THE LOWER COURTS 4.1.14 In September 2002, the PNP released its Handbook of Operational Procedures, a manual of twenty six (26) operational procedures to guide every police officer in the performance of his or her functions. The Handbook is a review, update and compilation of the PNP operational rules; it substitutes the June 1997 Revised Rules of Engagement and details the procedural guidelines to cover general and special operational procedures. The Handbook provides the Rules that every police officer must follow, and which each one must know by heart.13 But the handbook is written in highly formal and technical jargon and must be made more user-friendly 4.1.15 Rules 11 and 12 of the Handbook are mere repetitions often verbatim reproductions of Rules of Court provisions, specifically Rules 113 and 126 of the 2000 Revised Rules of Criminal Procedure. Their translation into specific procedural steps on arrest, search and seizures is therefore lacking. Further, the manual does not provide for the giving of Miranda Warnings to persons arrested pursuant to a warrant of arrest. The law expressly provides for the giving of the Miranda warnings to persons arrested, without distinction as to whether the arrest was done in compliance with a warrant, or was a warrantless arrest. Thus the operational rules on Miranda warnings must apply to both types of arrests. 4.1.16 While crime scene investigation is a regular and daily operation, it has been categorized as a specialized police operation because it requires specialized skills and capacities. The operations manual does not describe the detail and specific procedural steps and rules in crime scene investigation. Rule 13 broadly describes the documentation to be done mainly photographs and sketches it fails to detail how documentation is actually done, i.e. types of sketches, range of photographs, and the like. Further, although it refers to the conduct of a crime scene search, it gives no hint whatsoever of what to look for, what may be important pieces of evidence, and how to go about conducting a methodical search. Operations of the Crime Laboratory SOCO team, as described in the Crime Laboratory Manual, are far more comprehensive and precise than Rule 13. While the SOCO manual elaborates on the functions to be performed by the various technicians, and indeed provides technical descriptions of the modes of documentation and search, Rule 13 is extremely limited and general, describing mainly the functions of the first responder and the team leader of the investigating team. 4.1.17 The manual on crime scene investigation should be scientific and technical, and leave less to the discretion of the individual technician. It should specify how he is to document the crime scene, and defines the steps by which the search is to be conducted. 4.1.18 Another critical factor is the quality of the crime laboratory of the PNP and NBI.While crime investigation technology has advanced far in the fields of scientific investigation, low budgets considerably hamper the acquisition of state-of-the-art 13 PNP Handbook of Operational Procedures, Foreword by then DIDM Police Director Lucas Managuelod, pp. v-vi. crime laboratory technologies and training. Japan has been providing equipment and training to PNP field offices on finger print analysis. But in many cases investigation

technology are not available to the many police stations in the field. The government must consider expanding alternative means of accessing modern crime investigation technologies through a combination of direct public investments, outsourcing and partnerships. (7) SEVERE RESOURCE DEFICIENCIES AGGRAVATED BY INEFFICIENCIES IN THE INTERNAL MANAGEMENT OF EXPENDITURES THAT CONTINUE TO SERIOUSLY UNDERMINE THE CAPACITIES OF THE LAW ENFORCEMENT, PROSECUTION, AND SOCIAL DEFENSE AGENCIES AS WELL AS THE COURTS TO DELIVER THEIR CORE FUNCTIONS 4.1.19 Severe resource deficiencies characterize justice sector agencies. In 2005 the national government investment per capita to the criminal justice system was about PhP612.77 pesos. This pales considerably when compared to the AUS$1 million per capita that the Australian government spends on the police system alone. 4.1.20 This situation is particularly reinforced by larger amounts of MOOE budgets allocated to central offices, but much smaller amounts are distributed to the wider regional and local units. In the Judiciary, more than 70% of MOOE is allocated to the central offices, while the remaining less than 30% are allocated to the more than 2000 courts. In PNP, about 80% of the MOOE budget goes to central offices and units, while the rest is distributed to the various regional and provincial offices and the police stations in each city and municipality. Thus, police stations and court houses as well as offices of prosecutors and public attorneys are severely ill equipped. Many police stations do not have adequate transport equipment, firearms and supplies and do not have budgets for gasoline. Lower court employees bring their own supplies and equipment and spend on their own for minor office repairs and transport. The seriousness of these deficiencies cannot be overemphasized. If basic resources are not provided, the pillars cannot be expected to perform functions as they should. (8) UNREALISTICALLY LOW AND UNCOMPETITIVE REMUNERATION THAT RENDERS MISSION-CRITICAL POSITIONS IN THE CRIMINAL JUSTICE SYSTEM UNATTRACTIVE, THEREBY LIMITING THE ABILITY OF AGENCIES TO RECRUIT AND RETAIN THE QUALIFIED AND COMPETENT AND RENDERING INCUMBENTS VULNERABLE TO CORRUPTION 4.1.21 Studies conducted on the remuneration systems across pillars point to the difficulty in attracting and maintaining quality manpower due to lack of competitiveness of salaries and other compensation benefits. Despite legislated increases in the salaries of judges and policemen and upgrading of levels of legal positions including prosecutors in the government, their salaries have remained unattractive, uncompetitive and do not commensurate to the status that the position holds. About 80% of the police force lives below the poverty threshold. The salaries of judges and prosecutors are less than half the basic salaries of lawyers of mediumsized law firms. Further, policemen do not have their own pension plan, and so they are not provided with social benefits that GSIS members enjoy. Retirement benefits, which are a part of the police regular budget approved annually, are even delayed by as much as more than one year. Families of policemen who die on duty receive only immediate burial assistance but not sustained benefits. The personnel remuneration system in the criminal justice system must be reformed to maintain quality and professional workforce who are not vulnerable to corruption and who enjoy prestige in the community.

(9) DEFICIENCIES IN RECRUITMENT PROCEDURES IN THE POLICE AND LOWER COURTS DO NOT WEED AWAY THE CORRUPT AND OTHER MISFITS FROM JOINING THE POLICE FORCE AND THE BENCH, RESPECTIVELY 4.1.22 The weaknesses in recruitment policies and procedures in the police can be attributed both to internal and external factors. The interference of external agencies and authorities over recruitment and appointment, promotion and deployment, and police discipline undermine unity of command and the authority of the Chief, PNP. There are also several internal weaknesses in the police human resources management system such as the inability of the testing process to weed out the morally unfit from entering the police force, the lack of career development opportunities, and the absence of a coherent and integrated personnel development policy for the police force. 4.1.23 The recruitment procedures to fill vacancy in the lower courts must likewise be studied to address weaknesses. Concrete parameters and basis for determining the fitness of applicants to the bench must be set. (10) POOR QUALITY AND IRRELEVANCE OF EDUCATION AND TRAINING ACROSS THE KEY PILLARS, PARTICULARLY IN THE POLICE, PROSECUTION AND LOWER COURTS 4.1.24 Weak competency development systems undermine the capacities and performance of the criminal justice system workforce. Law enforcers, investigators and prosecutors need to improve their individual capacities to prevent, control and solve crimes. Policemen in particular need to improve skills in investigation, in proper arrest and search procedures that are in accordance with law and human rights, in investigation and evidence gathering, in case preparation and writing, and in witnessing in court. Prosecutors, public attorneys and judges need improved training in case management and in special crime areas such as money laundering and other heinous crimes, as well as in their regular functions such as case preparation and prosecution in the case of prosecutors, and decision-writing and case management with regard to judges. 4.1.25 The establishment of a corps of professionals in investigation, control and solution of global and complex crimes (corporate crimes, terrorism and transnational crimes) through recruitment and training, particularly in the NBI, is necessary to enable our criminal justice system to cope with the increasing number of this type of crimes. (11) LACK OF INTEGRATED PUBLIC AND ADMINISTRATIVE ACCOUNTABILITY FOR PERFORMANCE OF PROVINCIAL, CITY AND MUNICIPAL JAILS, AND A NEED TO CONSIDER DEVOLUTION WITH STRONG OVERSIGHT STANDARDS, MONITORING, AUDIT AND SANCTION FUNCTIONS AS A WAY TO ADDRESS DETERIORATING JAIL CONDITIONS 4.1.26 The presence and uniform application of laws and similar treatment of prisoners and detainees will ensure/address equality, equity, and non-discrimination. Highly decentralized operations on corrections and rehabilitation with direct delivery of services lodged primarily with local government units will enable policies and programs better reflect the interest of clients in the local areas and encourage wider participation in the development of programs and projects for effective delivery of correction and rehabilitation services.

4.1.27 An oversight mechanism to formulate national policies and standards on correction and rehabilitation and monitor implementation of programs and performance of agencies involved in the pillar is necessary. The arrangement will also require the identification of proper organizational placement and roles of agencies and institutions concerned; definition of the interventions to be done at the oversight level, and those at the operating or local level; delineation of functions based on appropriate horizontal and vertical compartmentalization criteria; and development of clear and effective inter-agency coordinative mechanisms and operating processes. The oversight mechanism will have the capacity to formulate overall policy framework on correction and rehabilitation activities; strictly enforce national and international standards on prison and jail management and treatment of inmates; and ensure performance of state obligations, particularly on access to justice. (12) INADEQUATE STRATEGIES FOR IMPROVING THE EFFICIENCY IN THE USE OF RESOURCES FOR SOCIAL DEFENSE TO REACH A GREATER PORTION OF THE POOR IN NEED OF JUSTICE REMEDIES 4.1.28 The provision of legal assistance to pauper litigants is provided primarily by the Public Attorneys Office (PAO) in the Department of Justice. There are several other agencies providing legal assistance. This fragmentation and uncoordinated provision of legal assistance to the poor in the government indicates expenditure inefficiency due to duplication of vertical structures and overhead expenditures that are needed to manage the service delivery. 4.1.29 Access to justice by the poor is hindered among others by lack of lawyers. The current social defense system of the government is weak, fragmented across various departments and lacks resources. There is opportunity to integrate the social defense system and strengthen the Public Attorneys Office. Government needs to mobilize and synchronize public and private sector legal resources for the poor. (13) DUPLICATION, PROLIFERATION AND FRAGMENTATION OF FUNCTIONS PARTICULARLY AMONG LAW ENFORCEMENT AND LEGAL ASSISTANCE AGENCIES THAT WORSEN RESOURCE LIMITATION 4.1.30 The Constitution provides for one national police force. But in actuality, there are 34 policing agencies including the PNP and NBI that perform overlapping functions and jurisdictions. The governments efforts to curb criminality resulted in the creation of specialized crime agencies, but which still utilizes the PNPs police force in actual operation. 4.1.31 The Public Affairs Office of the DOJ is primarily mandated under the law to provide legal assistance to pauper litigants. There are other government agencies that provide similar services, including the Bureau of Agrarian Legal Assistance in the Department of Agrarian Reform, Commission on Human Rights, and the Philippine Overseas Employment Administration, to name a few. 4.1.32 The integration of legal assistance units of government agencies into one organization, or the privatization of such services may be looked into to optimize resources and/or channel such resources to much needed concerns. (14) LIMITED GEOGRAPHICAL ACCESS TO CRIMINAL JUSTICE SYSTEM AGENCIES 4.1.33 In the area of public sector corruption, access to OMB services is limited by lack of technology, insufficient number of prosecutors and investigators, poor

investigation facilities, and limitation in the geographical presence of OMB offices at the regional level. Regional access is said to limit access by complainants and whistle blowers where LGU corruption is concerned. Meanwhile limited investigation and prosecution manpower and technologies hamper evidence gathering and case preparation and therefore contribute to delay and high dismissal rates in corruption cases. 4.1.34 Geographical access is likewise an issue with regard to the Sharia Justice System. Lack or limited geographical accessibility is evident in areas outside of the Mindanao regions where there are Muslim communities but no Sharia courts. There is a need for clear directions where to file cases in such areas, especially where the Judiciary cannot immediately provide direct judicial services to them. (15) ABSENCE OF INTEGRATED CRIMINAL JUSTICE INDICATORS AND INFORMATION MANAGEMENT SYSTEMS AND TECHNOLOGY THAT HAMPERS BOTH COORDINATION ACROSS PILLARS AND EFFICIENT OPERATIONS MANAGEMENT WITHIN EACH PILLAR 4.1.35 Lack of information technology particularly in managing caseload is deficient in all justice sector agencies. Courts do not have an integrated case management information system and this hinders the capacity of judges to efficiently manage caseload and prevent delay. This likewise affects the supervision by the Supreme Court over the lower courts and in its monitoring of judges performance. Police stations do not similarly have automated case management information systems and this hinders crime mapping, crime monitoring and crime management both at police station and national levels. In the case of NPS and PAO, computer-aided case management systems will be needed to facilitate the tracking and prioritization of cases as well as support sound time management of prosecutors and public attorneys, while allowing enterprise-wide performance monitoring and evaluation that inputs to strategic planning and institutional development. (16) PERCEPTION OF LACK OF PUBLIC ACCOUNTABILITY AND CAPACITY TO DEMAND APPROPRIATE JUSTICE REMEDIES AS REFLECTED IN PERSISTENT CORRUPTION AND POLITICIZATION OF THE CRIMINAL JUSTICE SYSTEM 4.1.36 The perception of corruption in the criminal justice system persists. Vulnerabilities to corruption are deeply embedded in dysfunctions in structures and functions, in law and policy-making processes, public service delivery and regulatory systems, and procurement and financial management systems, among others. They are found in unclear rules of the game; in the convoluted procedures that migrate through layers of unnecessary and overlapping authority structures that undermine transparency and accountability; and in the lack if not absence of accessible and quick reaction grievance, complaint and sanction mechanisms that will ensure the rectification of wrongdoings and punishment of participants to the corrupt act. 4.1.37 Mechanisms for community empowerment is still weak as evidenced by inadequate public knowledge and understanding of the rules and the processes by which the law is enforced or the service is provided. It is likewise evidenced by the high tolerance for corruption both by the general public as a whole and the victims in particular.

PROPOSED ROADMAP FOR CRIMINAL JUSTICE SYSTEM REFORMS 1 OBJECTIVES 1.1.1 This roadmap identifies the set of seamlessly integrated strategic reform recommendations identified in previous studies that will hopefully achieve a well functioning integrated criminal justice system capable of achieving its overall goals and the individual objectives of each pillar. 2 COMPOSITION OF REFORMS 2.1.1 Reforms in previous studies were identified in accordance with their contribution tothe following stated goals: access to justice and respect for human rights case decongestion and delay reduction provision of appropriate justice remedies improvement of capacity to provide justice remedies improvement of capacity to demand justice remedies

2.1.2 Accordingly reforms were identified in the following areas: a) NORMATIVE PROTECTION, which includes reforms in the legal framework and the rules and procedures in criminal justice b) OPERATING PROCESSES AND TECHNOLOGIES, which include reforms in the processes and work technologies supporting mission-critical functions of the pillars c) INSTITUTIONS DEVELOPMENT AND GOVERNANCE, which include reforms in the assignment of governmental functions across levels of governance and in the structure and functions and internal administrative management of the pillars d) HUMAN RESOURCES DEVELOPMENT, which includes reforms in the planning and management of human resources across the pillars e) FINANCIAL RESOURCE MANAGEMENT, which includes reforms towards improving the expenditures and the efficiency of their management by the government and the pillars 3 RECOMMENDATIONS Recommendation No. 1 DECRIMINALIZE CERTAIN OFFENSES UNDER THE REVISED PENAL CODE AND SPECIAL LAWS AND CODIFICATION OF CRIMINAL LAW A deeper study to decriminalize and de-penalize certain offenses where there is no specific offended party is necessary to improve the adjudication process. Legislation is also needed, for instance, to abolish the crimes of prostitution, vagrancy, unjust vexation, premature marriages, failure to render assistance of or assume public office, simple disobedience to an agent or a person of authority, causing alarms and scandals, and traffic violations. The amendment of Batas Pambansa Blg. 22 (Bouncing Checks Law) must likewise be studied, and so is the adjustment in the threshold amounts with regard to crimes against

property under the Revised Penal Code. If the Code is amended, many crimes against property would no longer be brought before the regional trial courts as they would already be resolved at the level of metropolitan and municipal trial courts. The codification of criminal law is also proposed. Recommendation No. 2 ADOPT MECHANISMS FOR ENFORCING STRICT COMPLIANCE TO MANDATORY CONTINUOUS TRIAL AND PRE-TRIAL This will require that a case management support tool be provided to judges in lower courts in order to manage their caseloads and the programming of trial hearings on the basis of continuous trials. A pre-trial conference which is efficiently and effectively administered by the judge should yield to a shorter trial period, if not altogether avert the need for trial through alternative modes of settlement that may be reached by the parties during the pre-trial period. The pre-trial conference provides for extensive use of discovery modes, which will eventually be helpful in the trial stage. In criminal cases, the pre-trial conference is used to consider plea bargaining, stipulation of facts, marking for identification of evidence of the parties, waiver of objections to admissibility of evidence, and such matters that will promote fair and expeditious trial of the criminal and civil aspects of the case. It is recommended that the Supreme Court adopt mechanisms for the monitoring of the implementation of pre-trial and the imposition of sanctions for noncompliance. It is also recommended that extensive practical training on procedures and case management tools within the context of continuous trials and the use of pre-trial be conducted by the Philippine Judicial Academy (PHILJA) together with an accompanying video presentation that should be produced as a teaching tool. Recommendation No. 3 REVIEW AND IMPROVE THE RULES OF COURT The review and amendment of the Rules of Court is necessary to further speed up, simplify and render more inexpensive the disposition of cases. The review should consider the following improvements: a) Limiting the period within which Judges of Municipal Trial Courts have to terminate the preliminary investigation of criminal cases; b) Returning to decisions by the Supreme Court en banc in order to avoid conflicting decisions on same issue; c) Setting of fixed amounts of time for the presentation of evidence and cross examinations; using of affidavits in lieu of direct testimony of witnesses; prohibiting postponements; and submitting draft orders and resolutions; d) Deputizing barangay officials to act as process servers because the cause of delay in preliminary investigation is the lack of adequate process servers; e) Implementing electronic payment of legal fees, electronic case filing, and electronic delivery of summons, orders and notices; f) Adopting teleconferencing as substitute to personal appearances of accused and witnesses;

g) Authorizing law enforcement agents to file cases directly with the Metropolitan Trial Courts and/or Municipal Trial Courts in chartered cities, so that warrant of arrest may be issued immediately for the detention of prime suspects of heinous crimes; h) Reducing the grounds for motion to quash (presently, there are eight grounds for motion to quash Section 3, Rule 117, Rules of Criminal Procedure);

i) Amending Section 5(b), Rule 113, on warrantless arrest, which requires personal

knowledge of facts on the part of the peace officers or private persons that the person to be arrested has committed the offense, inasmuch as it is very seldom that the peace officer is present during the commission of the crime which is the only instance when he could be considered to have personal knowledge thereof;

j) Finding probable cause by the prosecutors to be binding on the courts for

purposes of proceeding with trial;

k) Carving out more exemptions from the filing of bonds; l) Relaxing the Constitutional requirements for a judge to repeat all facts of a case in
a decision, to shorten the time necessary to pen decisions; processes by reducing direct testimonies; local dialects instead of English;

m) Shortening the filing period for several pleadings and abbreviating court n) Looking into the problems of language in court proceedings by studying the use of
o) Reviewing the time standards provided in the rules of court and speedy trial act, identifying appropriate criteria to be used in the determination of time standards for specific types of cases, and establishing time standards for case types; and p) Reviewing procedures for the litigation process for specific types of cases. Recommendation No. 4 REVIEW THE JURISDICTIONAL STRUCTURE OF THE COURTS Prior studies provide recommendations on improving court jurisdictional structures in specific areas based on assessments of specific issues in these areas. An assessment of the effects of the current court jurisdictional structure on geographical access, case congestion and delay, judge capacity, and overall coherence of the court system has moreover been recommended. These recommendations also include: (1) Establishing small claims courts; (2) Reassigning jurisdiction on less complex corruption cases from Sandiganbayan to the lower courts; (3) Reorganizing the distribution of case assignments in the Sandiganbayan by allowing individual justices to handle specific cases and selectively assigning cases to divisions and to the En Banc; and (4) Focusing the TC Heinous Crime Courts on heinous crime cases; removing from their jurisdictional coverage civil cases.

Recommendation No. 5 REMOVE DUPLICATION AND OVERLAP AND CLEARLY DEFINE THE OPERATIONAL DELINEATION AMONG PRE-TRIAL SYSTEM, BARANGAY JUSTICE SYSTEM AND THE COURT-ANNEXED MEDIATION SYSTEM Judges argue that cases that have passed through the Barangay Justice System do not require pre-trial. Relatedly, a mandatory court-annexed mediation is being implemented in the lower courts and in the Court of Appeals, although the experience of the pilot court annexed mediation units indicated that while case settlement rates are high, referral rates of cases by judges are very low. Similarly, during pre-trial, an attempt to arrive at an amicable settlement could be made. In view of this similarity of purpose and objective, there is a need to study these discrete systems and clearly define their jurisdictions and operational delineation so that they can meaningfully contribute to case decongestion and delay reduction. Within the context of established jurisdictional delineations and operational processes, the strengthening of the Barangay Justice System and full implementation of the court-annexed mediation system must be undertaken as necessary measures for case decongestion and early dispute resolution. Mechanisms at the barangay level must be installed in order to protect poor and vulnerable parties from the abuse of more politically and economically powerful opponents to the case. Recommendation No. 6 MODERNIZE CASE MANAGEMENT TECHNOLOGY AND SYSTEM IN THE LOWER COURTS INFORMATION

Systems functional specifications and user requirements definition have been developed under a project on an enterprise-wide case management information system in the lower courts which was funded by the World Bank PHRD Grant. The system will provide a unique case identification mechanism; allow tracking of case location and status; and provide mechanism for detecting forum shopping, delay and violation of statutory time limits, and detained parties whose stay in jail have exceeded the maximum penalty prescribed by law for their offenses. The system will likewise provide tools for judges to manage case prioritization and scheduling, as well as manage courtrooms utilization. It will provide functions for e-payment and eissuance of court orders and notices. At the analytic level it will allow court administrators and justices to track the performance of judges, locate specific cases of interest, and provide information which is useful in monitoring and evaluating institutional performance. The adoption of transcription technology, teleconferencing, and electronic case-filing, electronic issuance of summons, orders and notices has been planned. These application systems will require substantial one-time public investments in installing the necessary infrastructure, in designing the systems, and in implementing them. Funding for these is available under a Judicial Reform Support Program Loan from the World Bank. The implementation of the case management information system must however be undertaken within the context of an integrated criminal justice information system. A change management program is essential particularly since these will revolutionalize court processes and the way the courts communicate and relate to court users. User training, technology competency training, thematic training in specific work areas, and public information and advocacy would be essential components of the change management strategy.

Recommendation No. 7 DESIGN AND ADOPT AN INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM The design and installation of an integrated criminal justice information system that will link crime and case information across the pillars is recommended. The integrated system will have the following system components: a) Crime management information system of PNP, NBI and other police agencies which will store data on crime offenders, crimes, and other crime indicators. The system will also support police operations by allowing information sharing to facilitate tracking of suspects and cases, crime mapping, and crime analysis. b) Prosecution system which will contain a case management information system that will support the management of specific cases and overall caseload. c) Court case management system which will provide information and management support required in the management of caseload and case management by judges and clerks of courts. d) Jail management information system which will provide information and management tools in tracking prisoners, their conditions, status and activities and other relevant information. e) Criminal justice information sharing system which will allow exchange of information across the pillars within the bounds of disclosure policies. The development of crime classification and crime indicators will be necessary in establishing the criminal justice information system. Recommendation 8 ADOPT A HOLISTIC APPROACH TO THE IMPROVEMENT OF THE CRIME INVESTIGATION SYSTEM OF THE POLICE Improving the overall capacities of the police for crime investigation will require a holistic approach that will involve the following: a) Improving and integrating police manuals into one manual for police operations, including among others specific improvements on investigation procedures, eyewitness identification procedures, interrogation procedures, arrest, and rules on evidence. b) Modernizing the crime laboratory, improving its capacity for scientific analysis of crime case evidence. c) Strengthening the independence of crime investigations and the analysis of evidence and providing institutional mechanisms for insulating these. The outsourcing of scientific analysis of evidence should be considered to improve efficiency and strengthen independence of the process. d) Establishing mechanisms to ensure that prosecutors get all the evidence. e) Improving case documentation procedures and skills in police report preparation. f) Strengthening the curricula and teaching technologies in PPSC on crime scene investigation, interrogation and field investigation, case documentation and reporting, and witnessing in courts. Mastery of the police manual should be a pre-condition for

completion of the training and education program. g) Improving the remuneration of the police force as a way of strengthening their insulation from undue politicization and corruption. h) Improving the resources and facilities of court stations and their services to vulnerable groups. i) Developing peer to peer and office dialogue mechanisms for regular and collective analyses of crime cases and for information and experience sharing j) Focusing policemen on just doing police work and not deploying them as body guards of important people k) Piloting these and other institutional reforms at the police station level and creating pilot model police stations United Nations Development Programme Supreme Court of the Philippines CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARS OF JUSTICE CPRM CONSULTANTS, INC. 4-7 Recommendation No. 9 ESTABLISH THE INDEPENDENCE OF CRIME INVESTIGATION AND PROSECUTION AGENCIES TOGETHER WITH A MEANINGFUL OPERATIONALIZATION OF JUDICIAL AUTONOMY Consider establishing an independent National Prosecution Service, and PNP/NBI, together with the operationalization of reforms in judicial independence. The parameters for the independence of the prosecution and police must be defined while operating within the reasonable bounds of existing administrative and financial management laws, rules and regulations of the government. This will include addressing the following issues: removing negotiable and highly discretionary support from LGUs; reintegrating authority to the PNP Chief to recruit, appoint and promote and discipline the police force without prejudice to an appropriate civilian review system; removing LGU authority over the internal administration of the police force; and removing NPS as an organic structure of the DOJ and establishing it as an independent agency. The implementation of judicial independence reforms include the adoption of a oneline item budget which should be automatically and fully released by removing transactional requirements; putting in place mechanisms for the objective determination and automatic remittance of LGU support to the courts; and assumption by the Judiciary of the authority to determine the details of its budget, organization and staffing. These will require legislation and long-term development of institutional capacities as well as considerable political will. These will be one of the most difficult reforms to put in place. Recommendation No. 10

UNDERTAKE DETAILED REVIEW AND REENGINEERING OF THE ENTIRE PUBLIC DEFENSE SYSTEM TO IMPROVE ITS CAPACITY TO PROVIDE SERVICES, IMPROVE ACCESS AND EFFICIENCY, AND STRENGTHEN ITS INDEPENDENCE Within severely limited budgetary resources, the government must improve the efficiency of expenditures for public defense by adopting among others good governance framework and practices. A detailed review and reengineering of the social defense system is needed considering the following: a) Integrating all legal services of the national government into the Public Attorneys Office (PAO); b) Refocusing the role of PAO from directly providing legal services to mobilizing and managing the countrys resources for public defense; c) Establishing PAO as an independent agency with some corporate powers, allowing it to mobilize private sector resources; d) Assigning public defense functions to LGUs (starting with high income LGUs) with PAO performing oversight roles and functions (e.g., providing and enforcing service standards and providing technical assistance); e) Enacting a law, requiring all law firms, law students and law practitioners to render free legal assistance to the poor and remote barangays; and f) Strengthening partnership mechanisms among the PAO, the courts, IBP and alternative law groups to improve geographical access of public defense services particularly in remote areas. United Nations Development Programme Supreme Court of the Philippines CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARS OF JUSTICE CPRM CONSULTANTS, INC. 4-8 Recommendation 11 ASSESS POSSIBILITIES FOR MAINSTREAMING CUSTOMARY MODES OF ADJUDICATION IN THE CRIMINAL JUSTICE SYSTEM The Indigenous Peoples Rights Act (RA 8371) gives due recognition to the indigenous peoples justice system and the use of their own traditional methodologies and practices for conflict resolution. While the justice system among the indigenous peoples varies in approaches and methodologies, common to these traditional practices is the participation of the community members in settling disputes. These traditional forms of justice should be reconciled with the national legal systems and internationally recognized human rights processes and with the penal code. There is therefore a need to provide clear parameters on how these may be integrated and made compatible with the current legal system of government. A study on the potential expansion of the jurisdiction of the Sharia courts and the removal of the overlapping of its functions with the regular lower courts should be also undertaken.

Recommendation 12 REMOVE DUPLICATION, OVERLAPPING, PROLIFERATION AND FRAGMENTATION OF LAW ENFORCEMENT FUNCTIONS, REINTEGRATE POLICE FUNCTIONS, AND REMOVE INSTITUTIONALIZED POLITICIZATION OF THE POLICE In order to conserve severely limited budget resources, improve overall coherence and efficiency, and clarify accountability, a system-wide rationalization of police institutions should be undertaken through the following measures: a) Removing duplication of functions and jurisdictions between the National Bureau of Investigation (NBI) and the Philippine National Police (PNP); b) Reintegrating specialized crime agencies into the regular police force, thus removing duplicative overhead expenditures and conflicting jurisdictions; c) Reintegrating police powers and functions now assigned to more than 30 national government agencies to a reorganized PNP/NBI; and d) Defining the role of local governments in policing. United Nations Development Programme Supreme Court of the Philippines CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARS OF JUSTICE CPRM CONSULTANTS, INC. 4-9 Recommendation No. 13 STRENGTHEN THE CAPACITIES OF PROSECUTION AGENCIES NPS AND OMB The government must strengthen the core capacities of prosecution agencies simply by providing more prosecutors to the National Prosecution Service (NPS) and the Office of the Ombudsman (OMB). The criteria for the determination of the appropriate number of prosecutors should be established based on caseload. Caseload fluctuations can be addressed by adopting some flexible prosecutor deployment and tenure mechanisms which may include outsourcing prosecutors and providing legal research staff to prosecutors, for example, through deployment of law students as practicum Recommendation No. 14 REENGINEER THE INSTITUTIONAL FRAMEWORK OF THE CORRECTIONS PILLAR, DEVOLVE DELIVERY WHILE MAINTAINING STRONG OVERSIGHT The preparation of a devolution plan for the correction system and the rationalization of its institutional framework within a devolution context are recommended. Such devolution program will involve: a) Transferring to provinces, cities and municipalities the responsibility for the provision and maintenance of local jails. b) Streamlining the oversight agencies of national government by removing their delivery functions and strengthening their role in providing and enforcing standards.

c) Providing mechanisms for private sector participation in restorative justice and providing half way houses particularly for women and youth offenders. Recommendation No. 15 AMEND THE PROBATION LAW TO EXPAND ITS COVERAGE The coverage of the Probation Law could be expanded to include sentences of

prision mayor medium, except in drug cases. This will ease the severely congested penal facilities

in the country and thereby contribute to the efficiency of the Bureau of Corrections in processing papers of inmates and its effectiveness in providing restorative justice programs. This will also lessen the caseload of the Bureau of Jail and Management and Penology, as well as the provincial and sub-provincial jails which manage their respective jail facilities. With decongested local jails, limited resources can be used to improve prison conditions and put in place mechanisms for restorative justice in local jails in partnership with LGUs, national government agencies, civil society organizations and the communities. Moreover, if more offenders could benefit from probation, they could be persuaded to enter a guilty plea with the prospect of being put under probation instead of being imprisoned, resulting in more criminal cases speedily disposed by the courts. This would also not only prevent but minimize appeals. United Nations Development Programme Supreme Court of the Philippines CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARS OF JUSTICE CPRM CONSULTANTS, INC. 4-10 Recommendation No. 16 POPULARIZE THE LAW TOWARDS BETTER COMMUNITY CAPACITY TO DEMAND JUSTICE REMEDIES AND IMPROVE COMMUNITY CONTRIBUTION IN PROVIDING JUSTICE REMEDIES The general public who are familiar with the law may be better able to support and be more cooperative with the police in solving crimes. They will have stronger capacities to demand the provision of justice remedies thus strengthening the accountability of criminal justice institutions. Aside from the strategy of tapping the media to popularize the law, other related measures include: a) Integrating criminal justice teaching exemplars or subjects into the formal education system, building on the gains of the CHRs teaching exemplars on human rights. b) Integrating law popularization procedures in the legal assistance services of the government and private sector and in the Barangay Justice System. Recommendation No. 17 MAINSTREAMING RBA IN CRIMINAL JUSTICE This involves the design and implementation of rights-based approaches (RBA) by

mainstreaming them into the operational procedures and practices and in training programs of policemen, prosecutors, lawyers and judges. RBA is now being formulated and implemented by the CHR. What needs done is to formulate specific approaches and tools and provide assistance to the pillars in conducting assessments of their policies, procedures and practices. There is also a need to design appropriate RBAs and mainstream them into these policies and procedures. Recommendation No. 18 STRENGTHEN THE HUMAN RESOURCE MANAGEMENT SYSTEMS ACROSS THE PILLARS The studies pointed to serious issues in human resources management that undermine the efficiency, effectiveness and integrity of the criminal justice system. Reforms to address these issues have been identified, including the following: a) Conduct of study and rethinking the entire police education and training system, considering its transfer to the PNP. Police training must produce competent policemen who upon completion of training have acquired core competencies in all relevant aspects of police operations and procedures, the law, and the police tools. b) Integrating prosecutors training to the Philippine Judicial Academy and expanding the training programs as well as the institutional capacities and resources of the Academy. These include specialized training programs on case management, law and jurisprudence, management of trials by judges, decision-writing and judicial comportment by judges, case preparation by prosecutors, trial skills of prosecutors and other specialized competency areas. PhilJAs reach and delivery system must be considerably improved. c) Improving qualification standards for new recruits (police, investigators and agents and prosecutors) accompanied by attractive compensation and benefit package, and United Nations Development Programme Supreme Court of the Philippines CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARS OF JUSTICE CPRM CONSULTANTS, INC. 4-11 career development opportunities; and expanding the skills mix for investigators and other personnel involved in highly specialized crime intelligence and investigation. d) Improving the policies and procedures for police performance evaluation and promotion. e) Designing and adopting new psychometric tools for policemen and judges to weed out those whose character profile does not fit the integrity requirements and other personality traits required for the job. Recommendation No. 19 STRENGTHEN DISCIPLINARY MEASURES PARTICULARLY ON MATTERS CONNECTED WITH CRIMINAL CASE MANAGEMENT A review of disciplinary procedures and manuals on discipline in the pillars is recommended.

Disciplinary measures relating to compliance with specific rules on handling of criminal cases should be put in place, synchronized with the improvement of operating rules and procedures in the pillars, such as the rules of court. Specific measures can already be adopted such as: a) Imposing disciplinary actions on policemen who fail to appear during trials. b) Imposing sanctions and penalties to lawyers who are notoriously tardy or absent during court hearings. The courts must establish a tracking system on lawyers in litigation cases. c) Developing standards for police case investigation and arrest procedures and defining compliance parameters together with sanctions for breaches in procedures. d) Integrating in the performance standards and evaluation system criteria on managing cases, reporting skills and performance, investigation performance, and imposition of stronger disciplinary actions for habitual tardiness and absenteeism. Recommendation No. 20 ADOPT A ONE-TIME COMPREHENSIVE ACTIVITY TO FAST TRACK THE PROCESSING OF SOME 600, 000 CASES COMPRISING THE CASE BACKLOG IN THE LOWER COURTS This initiative will require planned action and resource mobilization which include among others the following: a) Identifying all courts with unmanageable case backlogs. b) Undertaking an inventory of case backlogs. c) Formulating a typology of cases as basis for the formulation of procedures and determination of interim time standards. d) Developing interim time standards and procedures for the processing of case backlogs. e) Developing and implementing training programs for appointed judges who will participate in the project. United Nations Development Programme Supreme Court of the Philippines CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARS OF JUSTICE CPRM CONSULTANTS, INC. 4-12 f) Designing an organizational mechanism for providing judges to process case backlogs. g) Installing a project management mechanism to monitor the project, identify and provide administrative and technical support systems and do trouble shooting if necessary. h) Developing mechanisms for cooperative arrangements with the other pillars of justice (PNP,NBI, NPS, OMB and social defense agencies and private organizations) in order to facilitate the gathering or provision of evidence, production of witnesses, provision of legal assistance to pauper litigants, arrest of suspects, provision prosecutors, etc. Recommendation No. 21 PASS LEGISLATION TO RATIFY INTERNATIONAL TREATIES AND CONVENTIONS International treaties and conventions are best exemplified by those pertaining to the promotion and protection of human rights. At the core of the international human rights

system is the United Nations and its charter which was signed on 26 June 1945. The charter provides provisions that set the foundation for the international human rights system. In particular, under Article 55 of the charter, member-nations commit to promote universal respect for and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Article 56 of the charter provides that all members commit to take joint and separate actions in cooperation with the UN to ensure the achievement of the provisions of Article 55. The Philippines is signatory to 23 human rights treaties and protocols. Thus, the government is bound to comply with and ensure the implementation or observance of the provisions of these treaties and protocols. International legal framework like that on the above on human rights provides normative protection for access to justice by providing (a) international obligations for states; (b) other standards that are not binding to the states as such but give normative guidance on specific issues (e.g., resolutions, declarations, guiding principles, etc.) and may be indicative of a growing internal consensus to further develop the international legal framework; (c) an additional forum for access to justice (e.g. communications and inquiry procedures initiated through treaty bodies and regional courts and commissions, in cases where national mechanisms are ineffective); (d) mechanisms to monitor states compliance with treaty obligations; and (e) an additional forum to create or influence national norm making. The legal gaps in the protection of human rights include the non-inclusion of international law in the national law of the country. This is specifically true in the case of torture and other cruel, inhuman or degrading treatment or punishments. The Philippines is a signatory of the UN convention on the matter and on the international humanitarian law, but there is no national law yet to implement the conditions and requirements of these commitments. There is need therefore to study the legal barriers to international legal protection, especially
the non-incorporation in the national law of ratified treaties in which the country is a signatory