112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

PARTICIPATION OF THE PUBLIC AND VICTIMS FOR MORE
FAIR AND EFFECTIVE CRIMINAL JUSTICEADMINISTRATION IN THE PHILIPPINES
Donna Lynn A. Caparas*
I. INTRODUCTION
In the 1998 State of the Nation Addressof His Excellency, President Joseph Ejercito
Estrada, the President announced theadoption of a ten-point action program by
his government. The first major task hecited pertains to the strategic theme of his
government, which he declared as agovernance of transparency. All decisionmaking processes are to be publicly
disclosed and must be consultative. The
immediate objective of the government isto restore public confidence and its longterm objective is to establish an enduring
partnership among government, thebusiness community and civil society.
One of the major task of his governmentis reduction of criminality by effecting the“immediate arrest of the most notorious
criminals and drug pushers”. He has, infact, created a Presidential Anti-Organised
Crime Task Force to coordinate efforts as
regard to the reduction of criminality.
The upsurge in crimes concerns not only
public security and order or politicalstability, but also gravely affects thefavorable economic gain of the country. The
consequential repercussions of such crimes
have compelled the Philippine government
to launch a more intensified and more
unified drive to involve law enforcement,
prosecutorial, and judicial agencies. In
fact, even the legislative branch has* Project Evaluation Officer V, Division Chief,
Criminological Research Division, National Police
Commission, the Philippines.

labored to prioritize legislation to curb the
proliferation of crimes. The crime situation
has evolved in such dimensions that that,in order to curb it, a systematized andeffective crime prevention and control
program is deemed imperative.
II. PHILIPPINE STRATEGIES FORCRIME PREVENTION
A basic condition for an effective andefficient criminal justice system is genuine
trust and confidence of the general public.
It is this trust and confidence that spells
the difference between an actively
supportive public on the one hand, and an
apathetic community on the other hand.
It is the building block of successful crime
prevention strategies.
A. The Philippine Criminal Justice
System: The 5-Pillar Approach
The Philippine criminal justice system
has four (4) formally organized components
namely: law enforcement, prosecution,
courts and corrections. The formalcomponents are the traditional series ofagencies that have been given formal
responsibility to control crime: the police,
the prosecutors, the judges, prison and jailpersonnel, probation and parole officers.
The fifth component is made-up of themobilized community and is outside thisformal organization. If may be composedof public entities, private groups andindividuals and local officials who are
performing functions related to theprevention and reduction of crime.

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RESOURCE MATERIAL SERIES No. 56
The fifth pillar has a two-fold role. First,
members have the responsibility toparticipate in law enforcement activities by
being partners of the peace officers inreporting crime incidents, and helping in
the arrest of the offenders. Second, they
have responsibility to participate in the
promotion of peace and order throughcrime prevention or deterrence, and in the
rehabilitation of convicts and theirreintegration to society.
B. The Holistic Approach
Over the years, crime has continued to
be one of the major social problems andquestions linger in the minds of the public
as to the capability of the agencies
concerned to respond effectively to thethreat of crime. The failure to meettargeted goals, however, should not be
totally construed as a failure of the system
but rather, on the prevailing environmental
conditions or foctors that may haveprecipitated the increase of crime
incidence. These factors include increasingpressure from the family, peer groups,
rural-to-urban migration, negative effects
of mass media, impact of poverty,
unemployment and inflation, and graft andcorruption.
In view of this, crime prevention policies
have been incorporated in national
economic development plans. Under the
past administration, reinventing thebureaucracy and crafting a new andreinvigorated Social Reform Agenda
became priority actions. Specifially, thePhilippines 2000 program, launched in
February 1993, encompasses the Filipino
vision for an improved quality of life forall. It is anchored in people empowerment
and global competitiveness.
Significant sector-specific strategies tomore equitably distribute the fruits ofdevelopment, to bridge rural-urban
disparities and to increase people’s242

participation are being introduced on all
fronts.
In the reduction of crime, a systems-wide
strategy was initially developed in the
1970s. This ventured into specificcommunity-based crime prevention
activities for adoption and implementation
by criminal justice agencies, specificallythose perceived to have the greatest
potential for improving the quality of life,and hence, reducing crime. The strategies
that find relevance to the present are: 1)
reinforcement of the home and family life;2) educational improvement; 3) healthimprovement; 4) active participation ofreligious organizations/groups; 5)
improvement of recreational facilities; 6)
involvement of mass media; and 7) citizens’
involvement in crime prevention activities.
C. Coordination and Networking in
the Philippine Criminal Justice
SystemThe criminal justice arena is a system
of interrelated goals, functions and roles.
Interagency coordinating mechanisms
have been created and strengthened to
optimize problem-solving for pressing
issues affecting each pillar, and to work out
the implementation of projects andactivities within an interdisciplinary
framework.
1. National Peace and Order Council
Several years ago, a centralized
coordinating mechanism to carry out anational program addressed not only
criminality but all forces that threaten
national security was established with thepromulgation of Executive Order 309, as
amended by EOs 317 and 320, and recently
EO 366. This national council, more
popularly known as the Peace and OrderCouncil, draws its membership fromgovernment agencies and nongovernmental organizations (NGOs). It
underwent reorganization and112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
revitalization on all levels-national,
regional, provincial and city/municipal.
The Peace and Order Council (POC) is a
unified and strongly coordinated body tocarry out national programs addressed tothe problems of criminality, terrorism,drugs, insurgency, rebellion or disruptionof public order, which threaten our national
unity and security.
2. National Summit on Peace and Order
In connection with this, the government
tasked the National Peace and OrderCouncil to call on all criminal justiceagencies in the country consultative
meetings. This resulted in the holding of
national peace and order summits to craft
a common policy and action plans against
criminals, especially those involved inheinous offenses.
The National Summit on Peace andOrder, which was institutionalized in 1993,
is an annual exercise wherein government
is considered in this jurisdiction as the fifthcomponent of the criminal justice system not just in the implementation phase but
also in the policy-formulation level.
The Summit of 1993 was the first timethat public servants met with the citizenry
on a national scale to openly discuss thepeace and order conditions in the country
on which could be forged a rationalized
blueprint for action, distilled from the clash
of intellectual and experimental insights.
The Summits have endeavored to learn
from hindsight, to sustain the gains thathave been made in the past and to find out
what more could be done to improve theadministration of justice in the country andthe overall peace and order situation. The
annual summit provides an occasion for adiagnosis of the year just past, and aprognosis of the year to follow.

Conferees in the Summit agreed to adopt
a Master Plan of Action for Peace and Order
to be implemented for a period of 5 years
by the criminal justice system agencies andthe mobilized community. Former
President Fidel V. Ramos directed thePeace and Order Council through the
National Police Commission’s TechnicalCommittee on Crime Prevention andCriminal Justice to oversee theimplementation and monitoring of the
projects contained in the Master Plan.
The Master Plan of Action for Peace andOrder is the blueprint for a concerted
government action against criminality, andprograms, projects and activities
incorporated in the plan are to be
implemented from 1997 to 2001.
III. PUBLIC PARTICIPATION AND
COOPERATION IN THE CRIMINALJUSTICE PROCESS
Trust and confidence is built upon a firmknowledge of a criminal justice machinerythat is able to deliver justice speedily,
accurately, equitably, fairly and accessibly,or any combination of these depending onsociety’s culture and norms.
As reforms in the Philippine criminal
justice system gradually take root in theindividual pillars, public trust andconfidence can be built up into greater
vigilance and active community
involvement. The process of regaining
people’s trust and confidence in the
country’s criminal justice system is beingorchestrated at the highest levels ofgovernment and is being coordinatedthrought the close networking of interdisciplinary committees such as the
Napolcom Technical Committee on Crime
Prevention and Criminal Justice. Some ofthe programs initiated, by pillar, are thefollowing.

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RESOURCE MATERIAL SERIES No. 56
A. Police Level
By and large, this pillar represents themost visible subsystem and has thegreatest membership of the four formalcomponents. To date, the country has atotal of 94,965 members of the Philippine
National Police nationwide, with NCR
accounting for 10,644 members, excluding
uniformed and civilian volunteers
comprising a total of 3,817 at present. Thisin the entry point of the system for first
offenders and the re-entry point for the
failures of the other subsystem. This issometimes referred to as the “gateway to
the Criminal Justice System”.
The law enforcement function isspearheaded by the Philippine National
Police (PNP) and the National Bureau of
Investigation (NBI). The PNP is nationalin scope and civilian in character andadministered and controlled by the
National Police Commission(NAPOLCOM), an attached agency of the
Department of Interior and Local
Government (DILG).
Several measures have been initiated at
the law enforcement level to maximize theparticipation of the public at this level ofthe criminal justice system. Among theseare:
1. Community Oriented Policing Concept(COPS)The National Police Commission and thePhilippine National Police agreed that
there should be a specific operational
program initiated by the government tocounter criminality, even if some of themore successful models are those initiatedby the community. The two agencies
agreed to implement and institutionalizea particular community-based crime
prevention program nationwide. This
program is dubbed the “CommunityOriented Policing System or COPS”

244

The major emphasis of COPS is theimperative of cultivating a people-police
partnership to champion the cause of peaceand order in the community. Public
support is the desideratum of police
effectiveness and success. The police cannot single-handedly solve the manifold
problems of criminality, considering its
deficiencies in manpower, mobility,communications and firepower. Only thepeople can fill the gap.
The Philippine National Police (PNP)
has been directed to hasten the full
implementation of community-based
policing projects, especially in urbanizedareas, nationwide. All territorial unit
commanders have been directed toaccelerate the institutionalization of thecommunity policing system in theirrespective areas in cooperation with local
government units (LGUs), othergovernment agencies/offices, andnongovernment organizations (NGOs).
Cognizant that the support andinvolvement of the community is one of thesignificant factors in the successful
implementation and intstitutionalizationof the community policing project, theNapolcom enjoined the PNP to solicit andenter into partnership and alliance with allinterested NGOs, civic organizations and
LGUs to be formalized through the signingof Memorandum of Agreement without
exclusivity.
The physical/structural aspect of the
project is the establishment of a modest
police box or police center in the community
wherein the activities of the system will
be planned, organized and executed. The
primary function of the box or center is theorganization of the community to preventand control crime.
On the other hand, its psychological/
behavioral aspect pertains to COPS as a

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
philosophy that guides the approach topolicing taken by every police unit. It is
the process of changing the mindset andattitude of the members of the police force
in solving criminality without resorting toviolent means and methods. In the samemanner, the members of the community
will be convinced to enter into partnershipwith the law enforcer to keep thecommunity peaceful. While a police agency
can adopt aspects of the community
policing philosophy for selected units andactivities it undertakes, maximum impact
cannot be achieved unless the entire
station adopts the COPS philosophy andthe station is organized in a manner thatreflects the commitment to neighborhood
problem solving.
COPS aims to cultivate the citizen-police
partnership to serve the cause of peace andorder in the community. It seeks thecooperation and active support of NGOs,
the local government officials, and theentire community for crime prevention andcontrol. It also ensures immediate police
response to situations, thereby fostering a
sense of security among the residents inthe community. In the long term, it aims
to facilitate the transition from thetraditional reactive incident-driven modelof policing to a proactive style of operation
which seeks to identify and resolve
community problems and actively engage
members of the community in the process.

2. Institutionalization of the Peoples Law
Enforcement Boards (PLEB)
People empowerment as a strategy inthe administration of police administrative
disciplinary system finds actualization
with the organization and operation of thePeople’s Law Enforcement Boards (PLEBs)
in the cities and municipalities throughout
the country.
Under R.A. No. 6975, the PLEBs are

vested with the jurisdiction to hear anddecide citizens’ complaints against erring
personnel that are filed before them. The
intent of the law is clear. In the governanceover the police, local government units andthe community must have substantial andmore meaningful participation,
particularly in the area of discipline.
PLEB members are appointed by the
local executives through therecommendation of the local Peace andOrder Councils. In 1995, a total of 1,510
PLEBs were organized nationwide. PLEB
members are given the appropriate
training upon appointment. Of the total
number of PLEBs organized, 1,087 PLEBS
were monitored to determine their caseload
and status of case disposition, as well as tolook into their technical or legal capabilities
and requirements. Around l,919
complaints against PNP members werefiled with the various PLEBs. Of thisnumber, 824 were disposed of, registering
a 42.9 percent case disposition rate.
3. Establishment of “Women’s andChildren’s Concern Desk” in Police
Stations
The establishment of the Women’s andChildren’s Concern Desks in police stations
is expected to further streamline andstrengthen the effort of the police in
responding to problems of violence against
women and children. As a management
strategy, police women are assigned to man
the desks, or if no female personnel areavailable, a trained male police officer isassigned. To date, a total of 1,632 WCCDs
with 1,763 personnel (l,468 policewomenand 294 policemen) have been establishednationwide. In highly urbanized cities, theWCCD handles the investigation of womenand children’s cases. A total of 3,463 casesof abused women and children have beenreported to WCCD and acted upon
appropriately. WCCP officers have beeneffective tools in providing services to

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RESOURCE MATERIAL SERIES No. 56
women and children in close coordination
with the Department of Social Welfare andDevelopment (DSWD) and concerned
women-based NGOs.
Aside from these flagship programs, thepolice also conduct their own public
information and education programs
through a number of TV and radio
programs. They likewise conduct regular“Ugnayans” or dialogue with thecommunity and hold a “People’s Day” every
month. These activities make police
services accessible to the public.
4. Law Enforcement Pillar Master Planof Action for Peace and Orderl. P i l o t - Te s t i n g o f E n h a n c e dCommunity-Oriented Policing
System in the Municipality of
Valenzuela
This pilot testing project was conductedin the municipality of Valenzuela. All police
officers in this station are specially trainedin the COPs philosophy and mindset. They
are also afforded better logistical support
like computers, hand held radios and officeequipment. Seminar-workshops on crime
prevention are regularly conducted andattended by community leaders and thepolice. Action planning sessions are alsoheld.
A favorable result on the implementationof the project was observed, particularly on
the maintenance of peace and order. The
citizens observed that the continuous
monitoring and evaluation of the COPs
program in their area has brought about amore favorable level of safety in thecommunity.
B. Prosecution Level
The National Prosecution Service (NPS)
is the prosecution arm of the Philippine
government and is mandated to uphold therule of law as a component of the criminal
justice system. In the realm of the criminal

246

justice system, prosecution is viewed as themachinery that sets in motion theinstitution of action to establish the guiltof criminal offenders and law violators. Its
mission is to maintain peace, order, safety
and justice in the community throughdelivering prompt prosecutoral services,that is, the investigation of crimes and theprosecution of criminals. Tasked with thisdelicate function of screening andevaluating which cases are to be dropped
or filed in court, the prosecution is often
called the prime official in law enforcement.
They represents not only the community
but the people in the prosecution and trialof the accused in court. It is theprosecution’s responsibility to represent
the government in court and to see thatproper persons are appropriately charged.
The National Prosecution Service cameinto being on 11 April 1978 by virtue of
Presidential Decree No. 1275. The NPS isunder the supervision and control of the
Department of Justice. They run anationwide organization consisting of stateprosecutors, regional prosecutors,
provincial prosecutors and city/municipal
prosecutors tasked to undertake theinvestigation and prosecution of cases
involving violations of penal and special
laws.
The NPS is mandated to maintain anduphold the rule of law through the effective
and expeditious delivery of prosecutorialservices in order to enhance peace andorder. The members of the NPS are
primarily tasked to investigate andprosecute all criminal offenses defined andpenalized under the Revised Penal Codeand other special penal laws.
The Department of Justice, incoordination with various government
agencies maintains several programs toensure citizen participation at this level ofjustice administration.

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
1. The Witness Protection, Security and
Benefit Program (WPSBP)
After only six years of operation, theWitness Protection, Security and Benefit
Program (R.A. 6981) has proven to be an
indispensable feature of the criminal
justice system in the country. Clientswitnesses covered by the program havecontinued to play a pivotal role in the
successful prosecution of significant
criminal cases.
The Witness Protection, Security and
Benefit Program (WPSB), under Republic
Act No. 6981, is a recent legislative
enactment granting witnesses certain
rights and benefits and defining their
responsibilities, if admitted into theProgram. Apart from the primary benefitof security and protection, witnesses may
be given any or all of the following benefits
under the program; 1) secure housing
facility for high-risk witnesses; 2) financial
assistance to witnesses and theirdependents, ranging from a minimum of

P3,000.00 to about P15,000.00 in certain
cases; 3) travelling expenses andsubsistence allowance; 4) medical andhospitalization assistance; 5) housing or
rental allowance in case of witnesses iswith manageable risks.
The success of the Program is best
measured by the number of convictions it
has secured. From 1991 to January 31,
1998, the program secured convictions in
132 cases, the most recent of which are theDumancas Kidnapping-Murder Case
(involving the heiress of the owner of a bus
company) and the former Chief of Police of
Bacolod City, putting behind bars a totalof nine accused based on the sole testimony
of a witness under the program; the Cong.
Jalosjos case; and the Mayor Alonte case.
For 1997, the program placed behind bars
45 accused with 23 witnesses testifying.
The Department of Justice entered into
agreement with different government
agencies for assistance and services to be

Table 1
Witness Protection and Benefit Program
Budget and Important Statistics
1991
1992
1993
1994
1995
1996
1997
1998
Budget (in Million 25.00 25.00 23.036 18.718 25.360 35.00
Pesos
Less Reserve- 1.964 2.268.918 1.250
Net Appropriations
25.00 23.036 20.768 25.800 24.110 35.00
Applications
60
149
293
499
525
317
245
112
Received(as of 831-98)
Carry over from50
40
16
Previous Year
Total on Hand
60
199
333
515
Admissions
6
99
247
273
300
229
189
53
(as of 831-98)
Denials/Archived/
4
60
70
147
Withdrawn/Suspended
Balance by Year-End
50
40
16
95
350*
500*
Disposition Rate
17%
80%
95%
82%

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RESOURCE MATERIAL SERIES No. 56
afforded to clients. The Department of
Foreign Affairs agreed to render assistancein facilitating/securing passports and visas
for WPSBP covered witnesses and initiate
negotiation with countries to determine thefeasibility of exchanges of witnesses. The
Philippine Overseas Employment
Authority (POEA) agreed to assist
witnesses in obtaining livelihoods abroad
through its government hiring schemes orother methods of deploying overseas
contractual workers. The Department ofLabor and Employment and theDepartment of Social Welfare andDevelopment conduct skills training
programs for witnesses.
2. Compensation for Victims of Unjust
Imprisonment or Detention andVictims of Violent Crimes from theBoard of Claims
Republic Act No.7309 is the law creating
the Board of Claims under the Departmentof Justice, granting compensation forvictims of unjust imprisonment or
detention and for victims of violent crimes.
One of the more vexing problems in thearea of justice and human rights is theimplementation of the constitutional
provision against the deprivation of life,
liberty and property, without due processof law. Persons have been accused andimprisoned for crimes they did not commit,
only to be subsequently acquitted.
For the victims of unjust imprisonment,compensation shall be based on the numberof months of imprisonment and every
fraction thereof shall be considered one
month, but in no case shall suchcompensation exceed P1,000.00 per month.
In all other cases, the maximum for which
the Board may approve a claim shall not
exceed P10,000.00 or the amount necessary
to reimburse the claimant’s expenses
incurred for hospitalization, medical
treatment, loss of wage, loss of support orother expenses directly related to the248

injury, whichever determined by the Board.
3. Prosecution Pillar Projects Under the
Master-Plan of Action for Peace andOder
1. Prosecution, Law Enforcement andCommunity Coordinating Committee(PROLECCs)
One of the projects contained in the
Master Plan of Action for Peace and Orderis the maintenance of the prosecution, law
enforcement and community coordinating
service (PROLECCS). Representatives
from the different pillars of the criminal
justice system have taken cognizance of the
low rate of cases rested in court. This could
be attributed to the limited or lack ofevidence presented in court. The
prosecution pillar of the TechnicalCommittee on Crime Prevention andCriminal Justice felt the need for closer
coordination among prosecution, law
enforcement, and community pillars,
specially in evidence gathering.
Project PROLECCS provides a regularforum to achieve and sustain closer
linkages among the prosecutors. Law
enforcers, and community in evidencegathering, specifically in cases involving
heinous crimes. It is also designed to help
attain a 50% increase in the rate of cases
rested in court for a 5-year period. The
project envisions fostering an enhanced
working relationship and to promotecamaraderie among prosecutors, law
enforcers and concerned non-governmentorganizations (NGOs) through regularmeetings, seminars and conferences. The
project was launched in August 1996 in the
Metropolitan Manila area and is being
participated in by Chiefs of Police, PNP
District Directors, representatives fromother law enforcement units, and membersof the community and cause-oriented
groups such as the Crusade Against
Violence (CAV), the Citizen’s Crime Watch(CCW), the United Pasig Against Crime

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS(UPAC) among others.
To date, the PROLECCS have conductedseven (7) general meetings and five (5) SubCommittee meetings. During the general
assembly meetings, several issues,
problems and gray areas were discussed,
especially on procedural matters and on thegathering and presentation of evidence, forthe purpose of strengthening the merits ofcases in court. Through the exchange of
information during meetings, the law
enforcers were made to understand certain
rules regarding gathering, handling,preservation and presentation of evidence.
Accordingly, the law enforcers will be able
to apply the learned process in their futurecases.
2. Tr a i n i n g P r o g r a m f o r D r u g Identification AccreditedProfessionals (DIAPs Training
Program)
One of the most pressing problems that
hamper the speedy disposition of cases isthe lack of witnesses who will testify incourt. Specifically, expert witnesses playa vital role in the speedy administration ofjustice in that their knowledge may beeither make or break a case. Giving
particular focus on the drug problem, theTechnical Committee on Crime Prevention
and Criminal Justice have taken
cognizance of the problem of the very low
conviction rate in drug cases. The problem
has been traced, among others, to thedearth of government chemists who cantestify as expert witnesses in court. At thetime, only the chemists from the Philippine
National Police, the National Bureau of
Investigation (NBI), and the Dangerous
Drugs Board (DDB) were allowed to appear
in court as expert witnesses.
The Napolcom TCCPCJ felt the need fora project that will augment the very limited
number of resident chemists in crimelaboratories. The Committee, spearheadedby the Prosecution Pillar, designed a“Training Program of Non-Chemists in
Dangerous Drugs Identification”. The
graduates thereof shall be called Drug
Identification Accredited Professionals(DIAPs). They shall be allowed to serve as
expert witnesses in drug and drug-relatedcases. From 1995 to 1996, two batches oftraining were conducted, which produced
a total of 52 DIAP graduates.
C. Judiciary
Together with the other pillars of the
Criminal Justice System, the court is an
important institutional agency relied uponby a great number of people in theprotection of their lives, rights and dignity,
as well as their property.
The court plays a dual role in ourcriminal justice system as both participantand supervisor of the latter’s process anddispensation. In its role as participant, thecourt determines the guilt or innocence of
the accused, the courts are responsible forthe trial process. Also it must ensure thatthe law is properly applied to the case athand, and that all parties to theproceedings receive justice. As supervisor,
the court acts as important guardian of
human rights. Thus, the court remains the
final and ultimate sanctuary of thecitizenry against all forms of injustice.
In their formal organization, the courts
are concerned with punitive sanctions forviolators of law. This concern is reflectedin the activities of the courts personnel, as
well as in the very trial process itself, aprocess that has as its goal ‘thedetermination of the guilt or innocence of
the accused’.
There is, however, an informal court
organization that allows a certain degreeof discretion about whom it should or
should not punish. It also decides thenature and extent of the punishment that249

RESOURCE MATERIAL SERIES No. 56
is to be imposed. This informal side has
made possible some new approaches to thecontrol of crime, for example, by treatment
instead of punishment.
As the court system now operates, anattempt is being made to be as non-punitive
as possible by the use, for instance, of
probation coupled with warnings ofpunishment for the offender who ventures
outside the conditions set forth by thejudge. Such conditions include continued
good conduct, adequate support of families
and steady employment. Several projects
are being initiated to make citizens awareof the operations of the judiciary.
1. Judiciary Project Under the Five-Year
Master Plan of Action for Peace andOrder
1. Conduct of Symposium on the
Operational Workings of the Court
The courts pillar of the TCCPCJ
conducted symposia in different regions of
the country to enhance the understandingof the public on the processes involved in
the administration of justice. The symposia
provided more information andfamiliarization on the operational system
and workings of the judicial system. The
symposia enlightened the minds of thosewith negative beliefs about the judicial
system and provided public awareness ofthe entire criminal justice system.
Participants gained insights on the actual
situation in courts and the causes of delayin the disposition of cases.
2. Grant of Awards and/or Recognitionof Deserving Judges and Court
Personnel through the Merit System
To further improve the efficiency andeffectiveness of the judges and court
personnel, the grant of awards andrecognition is given to deserving judges andpersonnel through a merit and award
system.

250

The Foundation for Judicial Excellence,a private foundation, has granted awards
for Judicial Excellence every year. This
private foundation grants awards to three(3) Outstanding Regional Trial Court
Judges, and three (3) Outstanding
Metropolitan or Municipal Trial Court
Judges. Likewise, the foundation also gives
awards for Outstanding Public Prosecutors
and Outstanding Public Defenders. The
award system is implemented to affirm andencourage exemplary performance andconduct among public servants, and tostrengthen citizen’s faith and confidence inthe rule of law.
D. Corrections
The corrections pillar is formally charged
with the primary responsibility ofreforming the deviant behavior of
offenders, young and adult alike, for theireventual absorption into the social andeconomic streams of the community. These
goals are important in developing andimplementing programs to achieve theobjectives of corrections, which include
building and rebuilding solid ties betweent h e o f f e n d e r a n d t h e c o m m u n i t y,
integrating or reintegrating the offender
into community life, restoring family ties
and obtaining employment and education.
In the Philippines, the primary agencies
for institutional corrections are the Bureauof Corrections, which is under the
Department of Justice, responsible for thetreatment and rehabilitation of national
prisoners who are serving sentence of morethan three (3) years; the Provincial Jails
which are administered and supervised bytheir respective provincial governments.
Inmates who are serving sentences fromsix (6) months and one (1) day to three (3)years are confined in these jails and theMunicipal and City Jails which areadministered by the Bureau of JailManagement and Penology (BJMP), whichis under the DILG. The inmates confined112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
in these jails are serving sentences of not
more than six (6) months of imprisonment.

occupational record, interpersonal
relationships and other such aspects of life.

The Bureau of Corrections, which ismandated by law to safekeep andrehabilitate national prisoners, has
maintained about 20,172 prisoners in 1997,
who are distributed in its seven prison andpenal farms. The Bureau, in cooperation
with non-government organizations, hasintensified the conduct of livelihoodtraining programs for prisoners throughthe effective Agro-Industrial Livestock
Productivity Program. The continuous
conduct of religious activities, recreation
programs, as well as educational (bothformal and non-formal) and training
programs were given by concerned NGOs.

About 17,121 unemployed and lowincome probationers, parolees andpardonees were assisted for job placement
projects. About 5,434 clients were trained
or extended scholarships on automotive
mechanics, refrigeration, and air
conditioning and radio-audio repair. Some
2,061 of them either continued their formal
education or were given various incomegenerating projects such as animal
dispersal, fish culture and backyard
gardening.

Non-institutional corrections involve thereformation and treatment of offenders
outside correctional facilities, and arecommunity-based. These communitybased alternatives to imprisonment do notinclude pre-trial diversions which, in thePhilippine setting, take the form of casedisposition under the barangay justicesystem, e.g release on recognizance, bail,pre-trial conference and imposition of fines.
The non-institutional treatment ofoffenders are as follows:(i) Adult Probation
A significant milestone in the Philippine
Criminal Justice System is theinstitutionalization of the Adult Probation
Law under implementation of theProbation and Parole Administration (PPA)of the Department of Justice. The Paroleand Probation Administration has received
36,939 applications for probation in 1998.
About 32,607 Post Sentence Investigation
Reports were completed and submitted tothe courts. The investigation of an
applicant for probation, parole orconditional pardon involves a thoroughstudy of criminal records, family history,
educational background, married life,(ii) Parole and Conditional Pardon
Under these forms of release, prisoners
who no longer need institutional treatment
are released and given the opportunity to
be reintegrated into the community. It is
the President of the Philippines who grants
conditional pardon, upon recommendationof the Board of Prison and Parole (BPP)
which has also authority to grant parole.
The Board of Pardons has received a
total number of 17,803 carpetas from 1995
to 1998. Out of this number, 8,490 were
granted parole, 5,392 were released anddischarged, and 2,025 were recommended
for conditional pardon, 5,034 forcommutation of sentence and 98 forabsolute pardon.
(iii) Probation for Youth Offenders
Youth offenders are dealt with inaccordance with the provisions of the Childand Youth Welfare Code. This Codeprovides that “the court shall suspend all
further proceedings and shall commit theminor to the custody of the Department ofSocial Welfare and Development (DSWD),
or to any training institution operated by
the government, x x x until he shall havereached twenty-one years of age x x x.”

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Table 2Comparative Data of the Board of Pardons and Parole(CY 1995 to September 1998)
Particulars
1995
1996
1997
1998
Carpetas Received
5,750
4,969
3,986
3,098
Parole Granted
2,736
2,190
1,757
1,807
Recommended for
615
565
440
405
Conditional Pardon
Recommended for
1,848
1,822
1,138
226
Commutation of
Sentence
Recommended for
42
25
15
16
Absolute Pardon
Granted Final
1,377
1,446
1,603
946
Release and Discharge
1. C o m m u n i t y I n v o l v e m e n t i n
Corrections in the Philippines(1) Parole and Probation Volunteer Aides
Probation is a disposition of the courtthat allows a convicted offender to serve
their sentence in a community and outsideprison, but under the supervision of aparole and probation officer and subject tocertain conditions contained in the Paroleand Probation Order. Dedicated membersof the community are tapped as volunteers
to ensure the success of the parole andprobation system. These volunteers arescreened and trained. Each volunteer
supervises a maximum of five clients andkeeps all information about a parolee,
probationer or pordonee in strict
confidence. S/he works in close
coordination with the Chief Probation and
Parole Officer in providing counselling andplacement assistance.
2. Strengthening of Coordinative
Mechanisms with Non-Government
Organizations
In line with establishing more
responsible rehabilitation and correction
programs and services for inmates,
correctional agencies coordinate withgovernment and nongovernmentorganizations like the Episcopal

252

Total
17,803
8,490
2,025
5,034

98
5,392

Commission for Prisoners Welfare,C A R I TA S ( f o r m e r l y t h e C a t h o l i c
Charities), and the National Manpowerand Youth Council (NMYC) in providing
small-scale livelihood projects andcommunity-based programs for inmates.
Likewise, several religious groups visit jails
to share spiritual messages.
3. O b s e r v a n c e o f t h e N a t i o n a l
Correctional Consciousness Week
Proclamation No.55l, dated March 15,
1995, declares the last week of October ofevery year as National Correctionol
C o n s c i o u s n e s s We e k . A n a t i o n a lsecretariat, composed of government andprivate sector representatives from media,
academia, civic and religious sectors
formulate a national plan for thecelebration.
2. Corrections Pillar Projects Under the
5-Year Master Plan of Action for Peace
and Order
1. Operation and Management of thePhilippines-Japan Halfway House
The Philippines-Japan Halfway Housewas designed to provide preparatory
rehabilitation activities for released or prerelease clientele in a 24-hour residential
setting. It is geared towards preparing the112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
clientele to become emotionally, sociallyand economically prepared for family andcommunity life and to cope with thedifferent pressures in society. Aninterdisciplinary-trained staff provides
services wherein all activities are geared
to providing therapeutic impact on theclients served.
The construction of the edifice wasshouldered by the Nagoya West Lions Cluband the Asia Crime Prevention Foundation(ACPF). Several donations from the
Nagoya West Lions Club and ACPF werealso given through the efforts of the United
Nations Asia and the Far East Institute for
the Prevention of Crime (UNAFEI) and theAsia Crime Prevention Philippines(ACPPI). The initial seed money for
operation of the Halfway House was takenfrom the funds of the 5-Year Master Planof Action for Peace and Order. Various nongovernment organizations and several
private individuals have assisted in themaintenance of the Halfway House,
including the Makati Golden Lions Club,the Muntinlupa Lions Club and the Lady
Judges Association of the Philippines.

II. PUBLIC PARTICIPATION AND
COOPERATION IN CRIMEPREVENTION
The activities that properly belong to thecommunity pillar are those that concern
the so-called infrastructure of crime, suchas the lack of educational or recreational
opportunities and inadequate job skills.
These are social conditions that foster
crime which the formal criminal justicesystem can not resolve alone. Other
community actions that can contribute toless crime are improvement of the homeand family life, delivery of health andtreatment services, reduction of criminal
opportunities and safeguarding of theintegrity of the government.

In line with this, government has
identified several ways of encouraging thecommunity to join in the anti-crime
campaign. One way is to provide venues
for community-based participation in
localized crime fighting. Another is to forge
partnerships with non-governmentalorganizations (NGOs) in the creation of
more crime-watch groups nationwide. A
third way is to tap media groups in
implementing communication strategies
that will enhance public awareness.
Great emphasis has been placed on thesubject of citizen participation in crime
prevention. The process offers a viablemeans of involving citizens in the planning,decision-making and process of change andinnovation. Various indigenous conceptsof adopting community-based methods
were formulated in urban locales in thePhilippines to assist in the process ofmaintaining peace and order, specificallyagainst criminality.
A. Community-based Strategies
There are a number of community-based
crime prevention programs. Recent
community-based crime prevention groups
differ from classic vigilante groups in thatthey do not put the law into their hands.
Instead, their primary function has been
the surveillance and protection of their own
communities, often acting as an ancillarygroup to regular police. They amplified law
enforcement through pursuit and capture.
Largely, their primary function is in
information gathering and dissemination,
as well as surveillance or neighborhood
policing.
In the Philippine setting, the activatedcommunity is spearheaded by thebarangay, the grassroots political unit
which is primarily envisioned to strengthen
the popular voice of political decision
making, and at the same time augment law
enforcement efforts in coordination with253

RESOURCE MATERIAL SERIES No. 56
police forces.
1. The Barangay Initiated Ronda System
The Barangay Initiated Ronda System
is an offshot of Presidential Decree No.
1232 authorizing the organization ofcommunity groups to serve as effective
vehicles for organized community
participation in crime prevention. The saidgroups are organized by barangay officials.
The most common community-based crime
prevention program implemented by the
Barangay Council is the Ronda System,
conducted by the Barangay Security andDevelopment Officers or Barangay Tanods( Vi l l a g e Wa t c h m e n ) . B a s e d f r o minterviews, Ronda has been implemented
as far back as 1972 and is still in operation
now.
The Barangay Security andDevelopment Officers (BSDOs) or more
popularly known as the Barangay Tanod,
are the volunteers who are responsible forpeace keeping activities in the barangay.
Recruited civilian volunteers will be
engaged primarily in unarmed civilian
assistance that shall include intelligence
information-gathering, neighborhood
watch or “rondas”; medical/traffic/
emergency assistance; assistance in theidentification and implementation ofcommunity development projects; andgathering relevant information and data
as inputs to peace and order planning andresearch.
The localities have adapted the programand have taken the liberty of assimilating
the concept into native culture and beliefs.
Examples of these are the Oplan
Pakigsandurot in Cebu City and the
Neighborhood Watch Group in Baguio City.
(a) Oplan Pakigsandurot“Oplan Pakigsandurot” was initiated by
the Cebu City local government. This isbased on Cebu City Police Community

254

Involvement 93 to Cebu City Integrated
Community Public Safety Plan, dated July
18, 1993. The said plan aims to promote
closer ties between the police and thecommunity, maintain peace and orderthrough combined crime prevention, andimprovement of police image.
“Pakigsandurot” is a Cebuano word
which means an act of fostering better
relationships for the purpose of getting
fully acquainted with or obtaining a closer
harmonious relationship. This plan
encapsulates the idea of getting the police
to be personally involved in the affairs of
the community where they reside,
specifically on matters of peace and order.
The plan conceptualizes a program where
the police are enjoined to render two hours
voluntary service to their barangay
residence during their time off-duty and bealways on call when the need arises. It
calls for their direct participation in
conducting patrols and other police actionsin their area, side-by-side (buddy-buddy
system) with the tanods. Oplan
Pakigsandurot regularly conducts
meetings/dialogues or fellowship every
second Saturday of the month.
Each barangay has a manpowercomplement of twenty tanods and 15
reserves. The group is divided into two
shifts, the first shift is from 7:00 am to 7:00
pm and the second shift is from 7:00pm to
7:00am.
To complement the program, anotheroperational activity was launched, code
named Oplan Tambayayong or Oplan
LUBAS (Lungsod Batok Salaod or City/
Community Against Crime). Composed ofcivilian volunteers, this organization is
aimed to organize an anti-crime movement,
composed of well-meaning citizens tocomplement the various PNP units in thecity in its operational activities. It is
likewise designed to promote peoples’112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
awareness of their basic obligation tocontribute to the maintenance of peace intheir community.
(b) Baguio City’s Community Oriented
Policing (COP) Program
In order to prevent or minimize theincidence of crime in the city and topromote the security and well-being of the
populace, Mr. Ray Dean Salvoza, a civic
leader, formulated the Community
Oriented Policing (COP) Program as earlyas November 1991. This program intends
to meet the demands of innovative andcreative intervention, and is designed topromote a highly organized, high morale,
efficient police force working hand in handwith the community in crime prevention.
This was fully accepted in the city in 1993.
The program aims to install an
integrated, interdependent law
enforcement system designed to efficiently
and effectively assist the Baguio City Police
Force to prevent and minimize theincidence of crime. Involvement of thecitizen/ community/ neighborhood crime
watch systems were sought to meet day to
day policing operations.
The crime prevention activity conductedby these community-based organizations isbasically carried out through the Ronda
system. The system is operated by teamsof volunteers who take turns making
rounds (Ronda) around the barangay
during critical periods (late at night or
early dawn). For operational purposes, thebarangay is divided into “pook or puroks”
and each “purok or pook “ has an appointed
leader. There are various methods/styles
in conducting the Ronda and eachbarangay improvises according to its
resources and needs.
The main actors in the said programsare volunteers. The main component istherefor citizen participation.

Vo l u n t e e r i s m p l a y s a v i t a l r o l e .
Sustainability of any grassroots project
depends on the harnessing of local
resources, particularly that of humanresources.
Aside from the Ronda, a number ofindirect measures are also conducted.
Some of these include establishing day-care
centers, organizing the youth, conducting
seminars on responsible parenthood,providing training for livelihood andassisting families in the establishment ofsmall scale businesses.
The public perception survey reveals
that such programs are effective deterents
to criminality. However, the study showsthat the effectiveness of community-based
crime prevention programs depend upon ahost of factors. Based on the data gathered,
the effectiveness of projects depends onleadership, area of jurisdiction, population
size, logistical capability and the locationof the barangay.
2. The Civilian Volunteer Organizations(CVO) Program
To reorganize and consolidate theBarangay Tanod of the 1970’s, thegovernment initiated in 1989 the programon Civilian Volunteer Organizations(CVO’s) or Bantay Bayan. Most of the local
governments just reorganized their
Barangay Tanod and the same group acted
as their CVOs or Bantay-Bayan. The
establishment of another organization was
triggered by inactive Barangay Tanods.
The local executives and police officials
deemed it necessary to organize a newgroup. The new group is called CVOs/
Bantay-Bayan.
B. Forging Partnerships with
Citizens’ Group/ Non-Government
Organizations
Greater involvement of the community
towards effective social defense in the local

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RESOURCE MATERIAL SERIES No. 56
setting is being mobilized through various
groups. The Crusade Against Violence(CAV), the Citizens’ Action Against Crime(CAAC), and the Movement for the
Restoration of Peace and Order (MRPO)
were created as an offshoot of theescalating incidents of violent criminality
i n t h e c o u n t r y. T h e s e a n t i - c r i m emovements undertake: (1) protest rallies
as the means of obtaining a more effective
response of the government in criminal
justice matters; (2) sustained court watch;(3) information campaigns to increase
consciousness of victims and their familieson the need to cooperate with authorities
in reporting crimes and pursuing cases incourt; (4) monitoring of cases pending withlaw enforcement agencies and theDepartment of Justice; (5) legal assistanceand; (6) public education campaigns on
crime prevention to encourage vigilanceamong the citizenry in the campaign
against crime and violence.
The Citizens’ Crime Watch is anumbrella organization of non-governmentorganizations (NGOs) and People’s
Organizations (POs) working in
partnership with the government in theanti-crime campaign. It provides
assistance to the police in informationgathering, reporting of suspicious persons
and places, service of subpoenas and othercourt processes, and monitoring the
progress of investigation, prosecution anddisposition of heinous offenses. In
barangays, Barangay Crime Watch
Centers are being organized by the
Barangay Chairman in consultotion with
the City/Municipal Peace and OrderCouncil concerned.
1. Most Recent Program (Example):
Street Watch
Street Watch is a program designed to
get the community actively involved inpreventing crime by encouraging neighbors
to help each other deal effectively with

256

neighborhood crime and related problems,
and to cooperate in law enforcement. It
involves the organization of neighborhood
blocks in a barangay into a Street Watch
unit.
Each member of the Street Watch is
expected to be on the look-out for crimes
and emergencies within their own premises
and that of their immediate neighbors. The
monitoring efforts shall be assisted by theFoundation for Crime Prevention by
providing the necessary infrastructure andnetworking.
Support of the media is provided by oneof the major television networks of thec o u n t r y, G M A N e t w o r k , I n c . T h eneighborhood Street Watch informationand education campaign on crime
prevention is supported by the GMA’s radio
and television network. Crime prevention
information and tips are aired in its
newscasts, radio and television programs.
GMA has also set up a Street Watch Action
Center to follow up cases and report
emergencies. The station also airs featurestories and interviews on crime prevention
and criminal justice issues.
Street Watch has established an
Emergency Hotline (Emergency Hotline
117) which is centrally managed by thePhilippine Long Distance Telephone(PLDT) Company and operated by qualified
operators from the Philippine National
Police.
C. Activities for Enhancing Public
Awareness
The media’s role must be in making the
public more conscious and aware of the
problems of criminality, the sociology ofcrime, the machinery of the criminal justicesystem, the imperfections and problems
besetting the system and the arduous
process of prosecution. Criminal justiceagencies can engage the services of the112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
media for a more effective fight against
crime. Towards this end, a Communication
Plan was launched in 1994 to educate thepublic on what the criminal justice system
is and its critical role in the prevention andcontrol of crime.
1. T h e C r i m i n a l J u s t i c e S y s t e mCommunication Plan
A common strategy among the fivepillars of the criminal justice system is the
conduct of an Information Education
Communication (IEC) Campaign. A
Presidential Directive was issued for thefive pillars of the criminal justice system
to formulate and implement acomprehensive Criminal Justice System
Communication Plan (CJS Complan). TheCJS Complan was initiated to promote the
CJS in order to enhance justice, publicorder and safety through an integrated andsustained communication program.
Primers, posters, brochures, pamphlets
and other materials containing informationon the criminal justice system wereprepared, reproduced and distributed tothe public. CJS agencies also air a weekly
one-hour radio program “BantayKatarungan” (Justice Watch) which focuseson crime prevention and the criminal
justice system. It is aired every Friday
from 11:00 a.m. to 12:00 noon over DZBBRadyo ng Bayan.
2. Nationwide Crime Prevention Week
Celebration
The Department of the Interior andLocal Government, through the National
Police Commission, spearheads the annual
celebration of the National CrimeP r e v e n t i o n We e k .
Presidential
Proclamation No. 461 dated 31 August
1994, declared the first week of Septemberof every year as National Crime Prevention
Week (NCPW).
Plans, programs and activities for the
week-long celebration, are drawn up withthe active support and involvement of the
Department of Education, Culture andSports (DECS), the Peace and OrderCouncils, the Office of the Press SecretaryPhilippine Information Agency (OPS-PIA)
and various citizens groups like the
Crusade Against Violence and the Citizen
Action Against Crime.
In recent years, activities conducted
include the Presidential Kick-Off ceremony,an inter-collegiate debate on crime
prevention, an On-the-Sport poster making
contests, symposia on crime prevention,skit-drama contest for high school
students, motorcades and parades. These
activities are conducted nationwide.
V. KATARUNGANG PAMBARANGAYSYSTEM - CONFLICT RESOLUTIONSYSTEM OUTSIDE TRIAL
Presidential Decree No. 1508, otherwise
known as the Katarungang Pambarangay
Law, established a system of amicably
settling disputes at the barangay level.
The system aims to strengthen the family
as a basic social institution, preserve anddevelop Filipino culture and promote thequality and speedy administration ofjustice being dispensed by the courts. The
essence of Katarungang Pambarangay(KP) is embodied in two salient features ofthe law. One is that it makes the barangay
settlement compulsory and a pre-requisite
to bringing suits in regular courts of justice,or before any governmental office
exercising adjudicative functions.
As a community-based, conflict
resolution mechanism, the KP has provenits effectiveness in perpetuating the timehonored Filipino tradition of settlinginterpersonal disputes amicably without
resorting to confrontational social behavior.
Moreover, while central to the concerns of
the KP is the speedy administration ofjustice, what appears to be of prime

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RESOURCE MATERIAL SERIES No. 56
significance over time is people
empowerment and, therefore, highly
supportive of the notions of social orderingand human development.
The Philippine Barangay Justice system
exemplifies the personal-oriented approachto the dispensation of justice within a fasterand shorter time frame, with less rigor andcheaper costs. Its performance for overmore than fifteen years shows that it is one
sure mechanism for diverting cases of petty
crimes and civil cases from the judicial
system. The amicable settlements ofdisputes intends to bury the rancour andbitterness between the parties and ensure
the preservation of closer personal
relationship within the barangay.
There are 41,000 barangays in the
country, with a total number of 780,000
mediators (Lupong Tagapamayapa
Members). The system has contributed tothe improvement of the administration ofjustice specifically the problem of poor
people having limited access to the higher
courts.
Progress reports from the Departmentof the Interior and Local Government(DILG) indicated that some 171,042,975
cases were settled, with only 53,361
disputes being elevated to the courts. Its
settlement success percentage is a high89.25%. If this number of disputes were
elevated to the courts, the government
would have spent P 21,665,443,500.00
representing the total cost of adjudicationof the cases. This does not take into accountthe other benefits to the country such as
developing community leaders andproviding a complementing alternative tothe judicial system at the barangay level.
VI. ASSESSMENT AND
CONCLUSION
The success of the criminal justicesystem, with the goal of reducing crime258

through prevention, hinges on the supportand involvement of the citizenry. Without
the active and meaningful involvement of
the community, even the best trained andequipped police force would fail in its
function of maintaining peace, order andstability in society. For instance, if thecitizenry would deny a former inmate thechance to be reintegrated into community
life, it would be difficult for the offender tobe reformed.
“A vigilant community is a peacefulcommunity”. In our society, emphasis andrecognition should be placed on the socalled mobilized community which iscomposed of those who are tasked toassume a leading role not only in law
enforcement, but in the endeavor to fashion
the values and attitudes that make thecriminal justice system work. The
Philippine criminal justice system has, in
its feature, the community as its fifth pillar.
The community in this context refers to theelements that are mobilized and energized
to help authorities in effectively addressing
the law and order concerns of the citizenry.
As a sub-system of the criminal justicesystem, the community is the most criticaland useful component in view of its massive
and pervasive composition. Enlightened
and cognizant of their roles in themaintenance of peace and order, as well as
in the dispensation of justice, members of
the community get involved in providing
assistance and support to crime prevention
activities, particularly in improving thedetection and prosecution of crimes and there-integration of offenders into themainstream of society.