Source:
Democratic Deficits in the Philippines: What is to be Done?
by
Clarita R. Carlos, Ph.D., Dennis M. Lalata, Dianne C. Despi
and Portia R. Carlos
"x x x.
Rule of Law and Justice Reform.
The Philippines faces many challenges to the rule of law and its justice system. Reforms and other measures dealing with deficits in the justice system must be undertaken for the entire justice sector which will require cooperation among the three branches of government.
Reform efforts must cover all areas of governance within the sector while paying special attention to access to justice by the poor and disadvantaged. In enhancing rationalized and coordinated law enforcement, there is a need to:
(a) decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law;
(b) design and adopt an integrated criminal justice information system and develop crime classification and crime indicators;
(c) adopt a holistic approach to the improvement of the crime investigation system of the police; and
(d) remove duplication, overlapping, proliferation and fragmentation of law enforcement functions, reintegrate police functions, and remove institutionalized politicization of the police.
In strengthening the prosecution agencies and reengineering the public defense system, there is a need to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy, as well as 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.
Efforts must be undertaken to reengineer the institutional framework of the corrections system, devolve delivery while maintaining strong oversight, and amend the Probation Law to expand its coverage.
The laws of the land must be popularized towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies.
There is a need to provide greater access to justice by the poor and disadvantaged through the following:
(a) formation of a joint committee of the Supreme Court, the executive branch, IBP and alternative law organizations to coordinate the various legal aid providers in the country;
(b) provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council;
(c) improve Democratic Deficits in the Philippines:
(d) assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system; and
(e) expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates, including minors.
Continuing judicial education must be improved to enhance judicial competence.
Various options to enhance judicial independence and fiscal autonomy must be studied.
Complaints mechanisms and enhanced record-keeping systems for improved judicial transparency and accountability must be designed.
A comprehensive study of the implications of the power of judicial review must be conducted. There is a need to act on undue delays in the conduct of trials and large backlogs in the handling of cases by:
(a) adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial;
(b) reviewing and improving the rules of court;
(c) reviewing the jurisdictional structure of the courts;
(d) removing duplication and overlap and clearly defining the operational delineation among pre-trial system, barangay justice system and the courtannexed mediation system; and
(e) promoting the use of Alternative Dispute Resolution (ADR) mechanisms in various agencies in the justice sector.
The various challenges in the Shari‘a Courts must be addressed by:
(a) creating a societal environment that is based on a unified rule of law;
(b) strengthening the Shari‘a Legal Education System (both academic and continuing education);
(c) improving the system for ensuring the qualification and training of Shari‘a lawyers and judges;
(d) improving the jurisdictional scope and structure of the Shari‘a court system and its rules;
(e) developing a Shari‘a Code of Ethics;
(f) formulating a career development program for Shari‘a judges;
(g) improving case management capacities and operations; and
(h) structuring of Shari‘a legal fees and charges.
Other measures for overall justice system reform must be carried out:
(a) comprehensive review and codification of laws;
(b) assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010);
(c) follow-through of the implementation of the Court Management Information System (CMIS);
(d) follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21); and
(e) follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17, 2006 held in Australia.
x x x."
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