essay about the justice system in the philippines

Essay on Justice System In The Philippines

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100 Words Essay on Justice System In The Philippines

Introduction to the philippine justice system.

The justice system in the Philippines is the way the country keeps peace and order. It’s like a set of rules and people who make sure everyone is treated fairly. This system has courts, police, and laws that help solve problems when people disagree or someone does something wrong.

Courts and Judges

In the Philippines, courts are where judges decide on cases. They listen to both sides and look at the evidence. There are different levels of courts, from local ones to the Supreme Court, which is the highest.

Law Enforcement

Police officers are important in the justice system. They make sure people follow laws. If someone breaks a law, the police take them to court where a judge can decide what happens next.

Laws and Rights

The country has many laws that protect people’s rights. These laws say what is okay and what is not. Everyone must follow them, and they help the courts decide on cases.

The justice system in the Philippines faces challenges like taking a long time to finish cases and not always being fair to everyone. People are working to make the system better for all Filipinos.

250 Words Essay on Justice System In The Philippines

What is the justice system in the philippines.

The justice system in the Philippines is made up of courts that handle different kinds of problems. It is like a ladder with many steps. The first step is the local courts, where small cases are heard. Bigger cases go to higher courts. The highest court is the Supreme Court, which makes the final decisions.

Types of Courts

There are several types of courts. The lowest is the Barangay court, which deals with small community issues. Above them are the Municipal and Regional Trial Courts, which look at more serious cases. The Court of Appeals reviews decisions from lower courts. The Supreme Court is at the top and has the last say.

How Courts Work

When someone breaks the law, they go to court. The judge listens to both sides before making a decision. If the person is found guilty, they might need to pay a fine or go to jail. People can ask higher courts to check the decision if they think it’s wrong.

Problems and Improvements

The justice system in the Philippines faces challenges like long delays and corruption. The government and some groups are trying to fix these problems by training better judges and using computers to speed up work.

The justice system in the Philippines is a set of steps designed to solve disputes and keep peace. It has issues, but efforts are being made to make it better for everyone.

500 Words Essay on Justice System In The Philippines

Introduction to the justice system in the philippines.

The justice system in the Philippines is a set of rules and institutions that the country uses to solve legal problems, punish people who break the law, and make sure that everyone is treated fairly. It’s like a big machine with many parts working together to make sure that people live in peace and that those who do wrong are held responsible.

Types of Courts in the Philippines

In the Philippines, there are different kinds of courts, each with its own job. The lowest courts are called the Municipal and Metropolitan Trial Courts. They handle small cases. Above them are the Regional Trial Courts, which deal with more serious matters. Then there’s the Court of Appeals, where you can ask for a decision to be looked at again if you think it’s wrong. At the top is the Supreme Court, which is the most powerful and makes the final decisions on the biggest issues.

Police and Law Enforcement

The police are the ones who make sure the laws are followed. They catch people who break the law and help gather evidence. However, in the Philippines, some people worry that the police are not always fair or that they sometimes do not respect the rights of the people they are supposed to protect.

The Legal Process

When someone is accused of a crime, they go through a legal process. First, they are charged, which means they are told what they are accused of. Then, they go to court where a judge or a group of people called a jury listen to both sides – the side of the person who is accused and the side of the government. After hearing everything, the judge or jury decides if the person is guilty or not.

Challenges and Issues

The justice system in the Philippines faces many challenges. Sometimes, it takes a very long time for cases to be finished, which can be unfair to the people waiting for a decision. There are also times when the rich and powerful seem to get special treatment, which is not fair to everyone else. Fighting corruption within the system is also a big problem that the country is working on.

Improvements and Reforms

To make the justice system better, the Philippines is trying to introduce changes. These include training for judges and police, making the process faster, and using new technology to manage cases. By doing this, the hope is to make the justice system more fair and efficient for everyone.

The justice system in the Philippines is an important part of how the country runs. It has many parts, from the police who enforce the laws to the courts that make decisions. While there are difficulties, such as slow processes and corruption, efforts are being made to improve the system. It’s essential for a fair society that everyone, no matter who they are, is treated equally under the law.

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JUSTICE SYSTEM IN THE PHILIPPINES

The justice system in the Philippines is mixed legal system of civil, common, Islamic, and customary law. The formal system of trials, appeals, and prisons is similar to that of the United States. Civil code procedures on family and property and the absence of jury trial were attributable to Spanish influences, but most important statutes governing trade and commerce, labor relations, taxation, banking and currency, and governmental operations were of United States derivation, introduced at the beginning of the twentieth century. Most of the laws, official notices and court decisions, including those by the Supreme Court, are in English. Even the Constitution is published more often in English than Tagalog. The bar exams are in English.

The basis of the legal code is primarily Spanish and Anglo-American law. Islamic law applies among Muslims in portions of the southern Philippines. According to the constitution, those accused of crimes have the right to be informed of the charges against them, to be represented by counsel, and to have a speedy and fair public trial. Defendants also enjoy the presumption of innocence and have the right to confront witnesses, present evidence, and appeal convictions. However, the judiciary is said to suffer from corruption and inefficiency, which at times undermine the provision of due process and equal justice. As a result, the Supreme Court has undertaken a five-year program to speed up the judicial process and crack down on corruption. [Source: Library of Congress, 2006]

Judicial institutions in the Philippines are regarded as weak and corrupt and notoriously slow. Skilled lawyers can get their clients off of most charges by bogging down the system with a flood of documents, motions and counter motions and then files for dismissal because their client has been denied the right to a speedy trial. Philippine law calls for compassion for people over 70.

For poor people the justice system operates quite differently than it does for the wealthy and elite. They are most often represented by overworked public defenders who advise their clients to plead guilty to hasten the process and hopefully get off with a light sentence. In many places a system of patronage exists in which justice is defined as having enough money to buy yourself out of any fix.

Judicial Branch in the Philippines

Judicial power is vested in a Supreme Court and in such lower courts as may be established by law. The highest court:Supreme Court (consists of a chief justice and 14 associate justices). Judge selection and term of office: justices are appointed by the president on the recommendation of the Judicial and Bar Council, a constitutionally-created, 6-member body that recommends Supreme Court nominees; justices serve until age 70. Subordinate courts: Court of Appeals; Sandiganbayan (special court for corruption cases of government officials); Court of Tax Appeals; regional, metropolitan, and municipal trial courts; sharia courts. [Source: CIA World Factbook]

The Philippines has an independent judiciary, with the Supreme Court as the highest court of appeal. The Supreme Court also is empowered to review the constitutionality of presidential decrees. The Supreme Court consists of a chief justice and 14 associate justices. It is not necessary for the entire court to convene in all cases. Justices are appointed by the president on the recommendation of the Judicial and Bar Council and serve until 70 years of age. Lower-level courts include a national Court of Appeals divided into 17 divisions, local and regional trial courts, and an informal local system to settle certain disputes outside the formal court system. In 1985 a separate court system founded on Islamic law (sharia) was established in the southern Philippines with jurisdiction over family and contractual relations among Muslims. Three district magistrates and six circuit judges oversee the Islamic law system. A special court—the Sandiganbayan or anti-graft court—focuses exclusively on investigating charges of judicial corruption. [Source: Library of Congress, 2006]

The 1981 Judicial Reorganization Act provides for four main levels of courts and several special courts. At the local level are metropolitan trial courts, municipal trial courts, and municipal circuit trial courts. The next level consists of regional trial courts, one for each of the nation's thirteen political regions, including Manila. Courts at the local level have original jurisdiction over less serious criminal cases while more serious offenses are heard by the regional level courts, which also have appellate jurisdiction. At the national level is the Intermediate Appellate Court, also called the court of appeals. Special courts include Muslim circuit and district courts in Moro (Muslim Filipino) areas, the court of tax appeals, and the Sandiganbayan. The Sandiganbayan tries government officers and employees charged with violation of the Anti-Graft and Corrupt Practices Act. [Source: Library of Congress, 1991 *]

The armed forces maintain an autonomous military justice system. Military courts are under the authority of the judge advocate general of the armed forces, who is also responsible for the prosecutorial function in the military courts. Military courts operate under their own procedures but are required to accord the accused the same constitutional safeguards received by civilians. Military tribunals have jurisdiction over all activeduty members of the Armed Forces of the Philippines. *

Supreme Court of the Philippines

Supreme Court has been set up along the American model. It consists of a chief justice and 14 associate justices. Judge selection and term of office: justices are appointed by the president on the recommendation of the Judicial and Bar Council, a constitutionally-created, 6-member body that recommends Supreme Court nominees. Justices serve until age 70.

The Supreme Court, at the apex of the judicial system, consists of a chief justice and fourteen associate justices. It has original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, and over petitions for injunctions and writs of habeas corpus; it has appellate jurisdiction over all cases in which the constitutionality of any treaty, law, presidential decree, proclamation, order, or regulation is questioned. The Supreme Court also may hear appeals in criminal cases involving a sentence of life in prison. Article 3 of the Constitution forbids the death penalty "unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it." [Source: Library of Congress, 1991 *]

The Supreme Court also regulates the practice of law in the Philippines, promulgates rules on admission to the bar, and disciplines lawyers. To be admitted to the Integrated Bar of the Philippines, candidates must pass an examination that is administered once annually. Professional standards are similar to those of the United States; the Integrated Bar Association's code borrows heavily from the American Bar Association's rules. Some 30,000 attorneys practiced law in the Philippines in the mid1980s , more than one-third of them in Manila. Counsel for the indigent, while not always available, is provided by government legal aid offices and various private organizations. Many of the private groups are active in representing "social justice" causes and are staffed by volunteers. *

Members of the Supreme Court and judges of lower courts are appointed by the president from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. The Judicial and Bar Council consists of a representative of the Integrated Bar, a law professor, a retired member of the Supreme Court, and a representative of the private sector. Presidential appointments do not require confirmation. Supreme Court justices must be at least forty years of age when appointed and must retire at age seventy. According to Article 11 of the constitution, members of the Supreme Court "may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust." The House has exclusive power to initiate cases of impeachment. The Senate tries such cases, and two-thirds of the Senate must concur to convict someone. The judiciary is guaranteed fiscal autonomy. *

Problems with the Philippine Justice System

The traditional independence of the courts had been heavily compromised in the Marcos era. Because the 1973 constitution allowed Marcos to fire members of the judiciary, including members of the Supreme Court, at any time, anyone inclined to oppose him was intimidated into either complying or resigning. None of his acts or decrees was declared unconstitutional. The thirteen Marcos-appointed Supreme Court justices resigned after he fled, and Aquino immediately appointed ten new justices. [Source: Library of Congress, 1991 *]

The Philippines has always been a highly litigious society, and the courts often were used to carry on personal vendettas and family feuds. There was widespread public perception that at least some judges could be bought. Public confidence in the judicial system was dealt a particular blow in 1988 when a special prosecutor alleged that six Supreme Court justices had pressured him to "go easy" on their friends. The offended justices threatened to cite the prosecutor for contempt. Aquino did not take sides in this dispute. The net effect was to confirm many Filipinos' cynicism about the impartiality of justice. *

Justice was endlessly delayed in the late 1980s. Court calendars were jammed. Most lower courts lacked stenographers. A former judge reported in 1988 that judges routinely scheduled as many as twenty hearings at the same time in the knowledge that lawyers would show up only to ask for a postponement. One tax case heard in 1988 had been filed 50 years before, and a study of the tax court showed that even if the judges were to work 50 percent faster, it would take them 476 years to catch up. Even in the spectacular case of the 1983 murder of Senator Benigno Aquino, the judicial system did not function speedily or reliably. It took five years to convict some middle-ranking officers, and although the verdict obliquely hinted at then-Chief of Staff General Fabian Ver's ultimate responsibility, the court never directly addressed that question. *

The indictment of former Minister of Defense Enrile on the charge of "rebellion with murder" shows that the courts can be independent of the president, but also that powerful people are handled gently. Enrile was arrested on February 27, 1990, for his alleged role in the December 1989 coup attempt in which more than 100 people died. Because Enrile was powerful, he was given an air-conditioned suite in jail, a telephone, and a computer, and a week later he was released on 100,000 pesos bail. In June 1990, the Supreme Court invalidated the charges against him. A further test of the court system was expected in the 1990s when criminal and civil charges were to be brought against Imelda Marcos. In 1991 Aquino agreed to allow the former first lady, who could not leave New York City without the permission of the United States Department of Justice, to return to the Philippines to face charges of graft and corruption. Swiss banking authorities agreed to return approximately US$350 million to the Philippine government only if Marcos were tried and convicted. Marcos did not seem to be reluctant to face the Philippine courts. *

Corruption and Philippine Judges

There was a drive to impeach Chief Justice Hilario Davide, the Supreme Court justice who swore in President Gloria Macapagal-Arroyo and played a role in the ouster of President Joseph Estrada in 2001. The impeachment was based on allegations that the judge misused public funds to refurbish court offices. The move was largely seen as pay back for the move against Estrada. Congress voted to impeach him but the Supreme Court voted the impeachment was unconstitutional.

In May 2012, an Arroyo-appointed Supreme Court chief justice was fired by the Philippines Senate in an impeachment trial for failing to declare $2.4 million in bank accounts. Hrvoje Hranjski of Associated Press wrote: “Chief Justice Renato Corona has called the effort to oust him a threat to democracy. He said his omission was not an impeachable offense and that a 1974 bank privacy law protects foreign deposits from disclosure, while prosecutors argued the constitution mandates a full declaration of assets for someone in his position. [Source: Hrvoje Hranjski, Associated Press, May 29, 2012 /*]

“Corona is considered fired and barred from public office after senators voted 20 to 3 to convict him on charges of betraying public trust and violating the constitution. Corona testified that it wasn't only him who is on trial and challenged all 188 lawmakers who impeached him to disclose their dollar accounts — but there were few takers. Reacting to his conviction, Corona said that he was innocent and that "bad politics' prevailed in his trial. But he suggested he was ready to accept his fate. "I have not committed any wrong," he said, but added that "if this will be for the country's good, I am accepting the difficulties we're going through." /*\

“The nationally televised, five-month-long proceedings gripped the nation like a soap opera, with emotional testimony, political grandstanding and a sideshow family drama. Prosecutors, most of whom are Aquino's allies from the lower House of Representatives, argued that Corona concealed his wealth and offered "lame excuses" to avoid public accountability. Corona said he had accumulated his wealth from foreign exchange when he was still a student. Rep. Rodolfo Farinas, one of the prosecutors, ridiculed the 63-year-old justice, saying he "wants us to believe that when he was in the fourth grade in 1959 he was such a visionary that he already started buying dollars." "It is clear that these were excuses and lies made before the Senate and the entire world," Farinas said in Monday's closing arguments, adding that Corona had declared in his statement of assets, liabilities and net worth less than 2 percent of what he actually owned. /*\

“The prosecution asked if Corona was so rich, why did he need a loan for a car, and Senate President Juan Ponce Enrile quizzed that if Corona had nothing to hide, why the failure to declare all his assets, as mandated by the constitution. Corona's lawyer Serafin Cuevas cited a threat of kidnapping and extortion. Farinas said the big lesson in Corona's conviction was that even the high and mighty in government could fall if they commit any wrongdoing. "This is a victory for justice," he said. /*\

“Aquino’s immediate target in his promise to fight corruption after being elected president in 2010 was former President Gloria Macapagal Arroyo and her inner circle that includes Corona, who was appointed by Arroyo shortly before she stepped down. "This is not about vendetta," said Budget Secretary Florencio Abad, a close adviser to Aquino. "This is about strengthening the institutions of democracy, the institutions of check and balance." He said the conviction "shows that this country can dispense justice. This encourages people to avail of a judicial process that works even if the accused is a big fish." /*\

Corona has already questioned the legality of the charges against him, but the Supreme Court did not rule on it. This is the first impeachment process to be completed in Philippine history. The trial of former President Joseph Estrada on corruption charges in 2001 was cut short when prosecutors walked out and triggered the country's second "people power" revolt, toppling him. /*\

Supreme Court Justice’s Effort to Reform the Philippine Legal System

In 2007, Emily Green wrote in the Washington Post, “The Philippines, scarred by political assassinations and corruption, is looking to its new chief justice for salvation. And in his first nine months in office, Reynato Puno has moved with lightning speed to set up a more independent judiciary charged with enforcing a new code of legal responsibility. Hoping to use the courts to remake Philippine society, Puno has embarked on a campaign to end the widespread assassinations of journalists and political activists. [Source: Emily Green, Washington Post, October 1, 2007 ~ ]

“Puno is an improbable revolutionary. He was appointed to the bench by the late dictator Ferdinand Marcos and, at 67, has only three years before reaching the mandatory retirement age of 70. Yet this time limit has only stirred Puno to accelerate the pace of his agenda — to clean up the notoriously corrupt judiciary and create legal accountability for the recent string of political assassinations. In an interview, Puno said the killings are "like a replay of the last years of the Marcos government." ~

“Puno, a man so reserved he barely moves in a lengthy interview, has been agile in pushing all segments of the Philippine government to act. Under his leadership, the Supreme Court has called for the creation of a separate court system to handle assassination cases so that powerful local interests cannot influence judicial outcomes. ~

“In July, the Supreme Court hosted a national summit on the killings. Nearly every high-ranking government bureaucrat and official — including the house speaker and the military chief of staff — attended the two-day event. The Supreme Court justices personally led breakout sessions. The summit made national headlines for its bold recommendations. Summit participants proposed that the government and courts adopt the doctrine of "command responsibility" as described in the Rome Statute of the International Criminal Court. The doctrine holds that a military officer is responsible for crimes committed by his subordinates and for failing to prevent or punish those crimes. A second major summit recommendation was to create a law allowing civilian-led searches of military camps, a notion that the military chief also said he considers preposterous. ~

“Puno has also been aggressive in holding colleagues in the judiciary accountable. He has already fired one appeals court judge for gross incompetence and corruption. Other investigations are underway and Puno expects more dismissals soon. Surprisingly, though, finding critics of Puno is not easy. His fellow judges revere him. Justice Consuelo Ynares-Santiago called Puno the best chief justice she has ever seen. Human rights lawyers for the first time have something good to say about the legal system. Even the military chief called Puno a friend. "Any criticism of Puno is not the usual Philippine style — that this guy is corrupt," said Raul Pangalangan, former dean of the University of the Philippines College of Law and a Puno admirer. Instead, most critics focus on Puno's decisions and left-leaning ideology. His decision validating the rights of indigenous people to ancestral claims, for example, was called "quaint" and "idyllic" in one critical blog. ~

Life of Reformist Philippines Supreme Court Justice

In 2007, Emily Green wrote in the Washington Post, “Puno's choice of a role model — Earl Warren, chief justice of the United States from 1953 to 1969 — is not entirely surprising, given Puno's ties to the United States. After attending law school in the Philippines, Puno won a scholarship for post-graduate studies at Southern Methodist University in Dallas, and later attended the University of California at Berkeley and the University of Illinois. [Source: Emily Green, Washington Post, October 1, 2007 ~ ]

“Upon his return to the Philippines, Puno joined his older brother Isaac in private practice as a labor lawyer. But in 1971, Puno struck out on a career of government service from which he has never veered. As a lawyer in the office of the solicitor general, he helped open the way in 1973 for the extension of the Marcos presidency and later the Marcos dictatorship. In 1980, Marcos appointed Puno, then 40, to the Court of Appeals. Puno was — and still is — the youngest person ever appointed to that court. He served for 14 years as an associate justice on the Supreme Court before being elevated to chief justice. In the interview, Puno said his connection with the Marcos administration never affected his independence as a judge. "If you belong to the executive department, you do your job as an executive official. You get transferred to the judiciary, you forget about your past connection to the executive." ~

“Despite his dispassionate demeanor, there is no doubt that Puno's background now drives his actions regarding political assassinations. In 1977, Puno's brother was killed by communist insurgents. When the perpetrators were let free during the mid-1990s under a national amnesty program, his mother was "particularly disappointed," Puno said. ~

Puno's most famous decision, and his most controversial, involved the "resignation" of President Joseph Estrada in 2001, when public outrage over corruption forced him to flee the presidential palace. During the turmoil, then-Vice President Gloria Macapagal Arroyo assumed the presidency and Estrada went to the Supreme Court, claiming he had never resigned and was still president. Puno wrote a unanimous decision for the court majority, concluding that based on Estrada's "state of mind" and other factors, he had "constructively resigned," even if he never officially did so. The decision legitimized Arroyo's presidency, thereby avoiding a national crisis and the slippery slope of a judicial rationale authorizing the overthrow of presidents based on popular discontent. "He is a very shrewd man, very intelligent," former dean Pangalangan said. "For me, that decision encapsulates it." ~

Death Penalty in the Philippines

The death penalty in the Philippines was abolished under Aquino in 1987 and reinstated by Ramos in 1994 after a rise in crime, banned by Estrada in 2000 after strong lobbying by the church, the European Union and human rights groups and brought back by Arroyo and then abolished by again by her in 2006. According to informal surveys in the late 1990s, about 70 percent of all Filipinos said they supported the death penalty, partly because they felt something had to be done about the appalling crime rate. The Catholic Church is opposed to the death penalty. Nuns and priests have held vigils outside of prisons of condemned prisoners.

Executions in the Philippines were carried out by a lethal injection. Among the crimes that carried the death penalty were economic plunder, murder, incest and kidnapping. In some cases minors were put on death row because no one bothered to check their age and it was assumed they were over 18.

In the late 1990s seven executions were carried out by lethal injection. In June 1999, Leo Echegaray, a 38-year-old house painter was executed with a lethel injection for raping his step daughter five times when she was ten. It was their the first execution in the Philippines in 23 years. In July, three Filipinos convicted of killing a policeman, were put to death. More were executed in 2000. In 2004, two kidnappers were supposed to be executed but the action was stopped by Supreme Court order that said their cases should be reviewed.

Philippines Stops Death Penalty in 2006

In June 2006, Philippines President Gloria Arroyo signed a law abolishing the death penalty just two weeks after Congress passed the legislation. Sarah Toms of the BBC wrote: “As a result the sentences of the 1,200 inmates on death row will be now be commuted to life imprisonment. Mrs Arroyo said she welcomed the change but insists she is not softening her stance on fighting crime or terrorism. Mrs Arroyo has been under pressure from the influential Roman Catholic church to scrap capital punishment. The signing comes as she prepares to head to Rome for an audience with Pope Benedict XVI. [Source: Sarah Toms, BBC, June 24, 2006]

Earlier this month legislators in the Philippines, a mainly Catholic country, voted overwhelmingly to abolish capital punishment. By Philippine standards the bill was pushed through in record time. In a speech Mrs Arroyo said "we yield to the high moral imperative dictated by God to walk away from capital punishment".

The Philippines is plagued by violent crime with guns readily available and used in even minor disputes. Supporters of capital punishment say they fear the repeal will result in more crime. The repeal comes just days before Mrs Arroyo visits the Vatican for an audience with Pope Benedict XVI. Some analysts see the repeal of the death penalty as an attempt to win support from bishops for the president's plan to move to a parliamentary system of government. Others say Mrs Arroyo is trying to diffuse opposition from the church to the government's efforts to revive mining.

History of the Death Penalty in the Philippines

According to the Philippine Center for Investigative Journalism: The imposition of the death penalty in the country has had a repressive history. For the most part (from 1848 to 1987), it was used to curtail the liberties, freedoms and rights of the Filipino people. In recent history, however, the death penalty was reimposed as a knee-jerk response to what has largely been seen as rising criminality in the country. The following, with help from the Mamamayang Tutol sa Bitay-Movement for Restorative Justice, traces the death penalty’s historical roots and context in Philippine society: [Source: Philippine Center for Investigative Journalism, pcij.org]

Spanish Period (1521-1898): 1) Spanish colonizers brought with them medieval Europe’s penal system, including executions. 2) Capital punishment during the early Spanish Period took various forms including burning, decapitation, drowning, flaying, garrote, hanging, shooting, stabbing and others. 3) Capital punishment was enshrined in the 1848 Spanish Codigo Penal and was only imposed on locals who challenged the established authority of the colonizers. 4) Between 1840-1857, recorded death sentences totaled 1,703 with 46 actual executions. 5) Filipinos who were meted the death penalty include Magat Salamat (1587); the native clergies Gomez, Burgos and Zamora who were garroted in 1872; and Dr. Jose Rizal, executed on December 30, 1896. All of them are now enshrined as heroes.

American Period (1898-1934): 1) The American colonizers, adopting most of the provisions under the Codigo Penal of 1848, retain the death penalty. 2) The Codigo Penal was revised in 1932. Treason, parricide, piracy, kidnapping, murder, rape, and robbery with homicide were considered capital offenses and warranted the death penalty. 3) The Sedition Law (1901); Brigandage Act (1902); Reconcentration Act (1903); and Flag Law (1907) were enacted to sanction the use of force, including death, against all nationalist Filipinos. 4) Macario Sakay was one of those sentenced to die for leading a resistance group. He was sentenced to die by public hanging. 5) The capital punishment continued to be an integral part of the pacification process of the country, to suppress any resistance to American authority. Japanese Occupation (1941-1945): There are no recorded or documented cases of executions through the death penalty during this period simply because extrajudicial executions were widely practised as part of the pacification of the country.

Post-World War II: 1) Espionage is added to the list of capital offenses. 2) The Anti-Subversion Law called for the death penalty for all Communist leaders. However, no executions were recorded for any captured communist leader. 3) For the period of 1946-1965, 35 people were executed for offenses that the Supreme Court labeled as “crimes of senseless depravity or extreme criminal perversity.”

The Marcos Years (1965-1986): 1) “Deterrence” became the official justification for the imposition of the death penalty. This is the same justification used for the declaration of Martial Law in 1972. 2) The number of capital crimes increased to a total of 24. Some crimes which were made punishable by death through laws and decrees during the Marcos period were subversion, possession of firearms, arson, hijacking, embezzlement, drug-related offenses, unlawful possession of firearms, illegal fishing and cattle rustling. 3) Jaime Jose, Basilio Pineda, and Edgardo Aquino were executed for the gang rape of movie star Maggie dela Riva in 1972. Despite prohibitions against public executions, the execution of the three was done in full view of the public. 4) Nineteen executions took place during the Pre-Martial Law period. Twelve were executed during Martial Law. 5) Senator Benigno Aquino, Jr. was sentenced to die by firing squad for charges of murder, subversion and illegal possession of firearm in 1977. 6) The last judicial execution under the Marcos years was in October 1976 when Marcelo San Jose was executed by electrocution. 7) Similar to the reasons for the imposition of capital punishment during the Colonial Periods, the death penalty during the Marcos Regime was imposed to quell rebellion and social unrest.

President Corazon Cojuangco Aquino (1986-1992): 1) The Death Penalty was “abolished” under the 1987 Constitution. 2) The Philippines became the first Asian country to abolish the death penalty for all crimes. 3) All death sentences were reduced to reclusion perpetua or life imprisonment. 4) In 1988, the military started lobbying for the imposition of the death penalty for crimes committed by the CPP-NPA.

President Fidel Valdez Ramos (1993-1998): 1) A series of high profile crimes during this period, including the murder of Eileen Sarmenta and Allan Gomez, created public impression that heinous crimes were on the rise. 2) The Ramos administration reimposed the death penalty by virtue of Republic Act No. 7659 in December 1993 to address the rising criminality and incidence of heinous crimes. 3) The Death Penalty Law lists a total of 46 crimes punishable by death; 25 of these are death mandatory while 21 are death eligible. 4) Republic Act No. 8177 mandates that a death sentence shall be carried out through lethal injection.

President Joseph Ejercito Estrada (1998-2001): 1) Leo Echegaray was executed in February 1999 and was followed by six other executions for various heinous crimes. 2) In 1999, the bumper year for executions, the national crime volume, instead of abating, ironically increased by 15.3 percent or a total of 82,538 (from 71,527 crimes in the previous year). 3) Estrada issued a de facto moratorium on executions in the face of church-led campaigns to abolish the death penalty and in observance of the Jubilee Year.

President Gloria Macapagal Arroyo (2001-present): 1) Arroyo publicly stated that she is not in favor of executions. 2) Due to the rise in crimes related to drugs and kidnappings that targeted the Filipino-Chinese community, she announced that she would resume executions “to sow fear into the hearts of criminals.” 3) Arroyo lifted the de facto moratorium issued by Estrada on December 5, 2003. 4) Even as executions were set to resume on January 2004, this did not push through by virtue of a Supreme Court decision to reopen the Lara-Licayan case. 5) Since then, the administration has been issuing reprieves on scheduled executions without actually issuing a moratorium. 6) With the amendment of Republic Act No. 8353 (Anti-Rape Law of 1997) and Republic Act No. 9165 (Comprehensive Dangerous Drugs act of 2002), there are now 52 capital offenses, 30 of which are death mandatory and 22 are death eligible.

Aquino Rejects Bid to Revive Death Penalty

In January 2014, Delon Porcalla wrote in the Philippine Star, “For the nth time, President Aquino yesterday thumbed down proposals to revive the death penalty following the spate of crimes in the country. Aquino said the country’s justice system is far from perfect, citing cases of innocent people found guilty of crimes they did not commit only because they were unable to hire good lawyers.The President reiterated that he would not allow capital punishment to be reimposed unless there is certainty that only those proven guilty will be punished and the innocent set free. [Source: Delon Porcalla, Philippine Star, January 30, 2014 ]

“Remember that if one is sentenced to death, there is no taking it back,” he said. “As to deterrence, that will not be fully realized, and this is not the only solution to deter crimes. Perhaps there will be more deterrence if we can assure that criminals will be caught and jailed,” he added. Sen. Vicente Sotto has filed Senate Bill 2080 seeking the revival of the death penalty. Sotto expressed alarm that the penalty of life imprisonment has failed to deter criminals from committing heinous crimes such as rape and drug trafficking.

“He cited the case of Chinese drug trafficker Lim Seng, who was executed by firing squad in the early 1970s. This had effectively eliminated the illegal drug trade in the country for at least 10 years, the senator said. Sotto noted that the Constitution allows Congress to reinstate the death penalty as long as there are compelling reasons to support this. He called for the use of lethal injection as the means to carry out the death penalty.

Rape and Rape Laws in the Philippines

Dr. Jose Florante J. Leyson wrote in the Encyclopedia of Sexuality: “The seriousness of rape against an individual female was brought to the public eye by the media when a famous actress was “gang raped” in the mid-1960s. The public demanded the severest punishment, the death penalty, and they got it. Execution by hanging, electrocution, or lethal injection as a penalty for rape has been on the books since 1924. The death penalty was abolished in 1987 but reinstated in 1994. In 2000, there were about 900 persons on death row, including a former member of Congress convicted in 1998 and awaiting execution for rape. Even though no actual executions for rape have taken place, the law has been instrumental in helping reduce such incidents [Source: Jose Florante J. Leyson, M.D., Encyclopedia of Sexuality, 2001 |~|]

In one particularly egregious rape case, a congressman was accused of raping a girl that he bought from her stepfather. When he was arrested he joked, “When you do it, do you ask for a birth certificate?” He claimed she was at the legal age of consent of 12 (an effort to raise the age of statutory rape to 14 has been unsuccessful).

After nine years of debate, the House of Representatives finally, in 1997, approved the bicameral conference report on a new law that heavily penalizes rape and makes it easier for government prosecutors to prosecute rape cases. This anti-rape law reclassifies rape from “a crime against chastity” to “a crime against a person.” Thus, if the victim is a minor and refuses to accuse the perpetrator, only the minor’s legal guardian or the court can file a suit. This new law also penalizes marital rape, but opens the door for the spouse to forgive her husband, in which case the charge is voided. The new law also redefines the nature of rape, expanding the traditional definition of forced penile insertion in the vagina to include unwanted insertion of the penis, or any object or instrument, in any bodily orifice of another person. These “other acts” are now part of “sexual assault.” The law in the Revised Penal Code also eliminates the gender bias, so that a woman can now be charged with raping a man. Finally, the law makes it possible to present evidence in court, in which presumption is created in favor of a rape victim, so that any overt physical act manifesting resistance in any degree can now be accepted as evidence of rape. Similarly, evidence that the victim was in a situation where she/he was incapable of giving valid consent can now be accepted as evidence of rape. |~|

For many years, the law against rape in the Philippines was described as a law against chastity. This meant that sexually experienced woman often difficulty proving they were raped because they were not virgins. Defense lawyers routinely had rape cases thrown out by arguing the victims was promiscuous because she wasn't a virgin and therefore her chastity was not harmed.

In the mid 1990s, rape-reform became hot topic as reformers attempted to get the law changed so that rape victims were rape victims regardless of whether they were virgins, chaste or no chaste or married. Reformers also wanted to expand the definition of rape from penile penetration to oral and anal penetration with hand and other objects.

The Philippines used to have the death penalty for rape. No rapist however was executed. One lawmaker suggested in 1995 that convicted rapists should have their penises amputated. "Considering the chauvinistic attitude of most Filipino males, having one's sexual organ cut off is worse than death itself," the lawmaker said.

Incest: A Death Penalty Crime in the Philippines

Dr. Jose Florante J. Leyson wrote in the Encyclopedia of Sexuality: Incest is punished severely if the victim is younger than fifteen years old. Capital punishment by lethal injection was restored during the Ramos administration. Six executions of men convicted of incest have taken place since 1998. [Source: Jose Florante J. Leyson, M.D., Encyclopedia of Sexuality, 2001 |~|]

There are no statistics on the incidence of incest in the Philippines. However, it is quietly known that adolescent girls are often raped by older male family members, and fathers often use them as sexual objects after the death of the mother, or when the wife’s work takes her outside the home for long periods. Abusive males are usually unemployed people with a past history of family violence, high consumption of alcohol, social inadequacy, and impulsive behavior. Although less frequent, cases of incest are also known in which the male is the head of an upper-class household and respected by his community. Cases of incest in middle- and upper-class families seldom surface while the victim is a minor. The trauma may emerge during private sexual therapy with an older woman, but there is a strong reluctance on the part of most victims to make formal charges. Generally, indictment for incest by judicial authorities does not take effect unless a formal complaint has been filed or in cases of public scandal. |~|

Image Sources:

Text Sources: New York Times, Washington Post, Los Angeles Times, Times of London, Lonely Planet Guides, Library of Congress, Philippines Department of Tourism, Compton’s Encyclopedia, The Guardian, National Geographic, Smithsonian magazine, The New Yorker, Time, Newsweek, Reuters, AP, AFP, Wall Street Journal, The Atlantic Monthly, The Economist, Foreign Policy, Wikipedia, BBC, CNN, and various books, websites and other publications.

Last updated June 2015

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Reforming Criminal Justice: The Reality of Philippine Criminal Justice System

by RALB Law

Reforming Criminal Justice: The Reality of Philippine Criminal Justice System

Justice is for everyone. Justice for everyone! Reforming Criminal Justice…..

The presumption “justice is for everyone” turns to be a calling, “justice for everyone,” because of a criminal justice system characterized by racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism .

In the United States, incarceration and racial injustices are rampant, at the same time, the most injurious measure of their justice system. According to the statistics of the Equal Justice Initiative, the U.S. incarcerates its citizens more than any other country. Mass incarceration disproportionately impacts the poor and people of color.(( Equal Justice Initiative, Statistics, 2023 )) Thus, there is a vocal desire of criminal justice reform.

In the Philippines, there is a different reality. The legal and justice system is branded with notoriously slow and under-resourced judicial system, chronic delays and systemic inefficiency in litigating crimes,(( Senate of the Philippines, 2019 )) clogged court system, and overcrowded jails. Now, is there really a need for a criminal justice reform in the Philippines to serve justice for everyone?

What is criminal justice?

Criminal justice is an umbrella term that refers to the laws,(( Law, Cornell Law School )) procedures,(( Procedural Law, Cornell Law School )) institutions, and policies at play before, during, and after the commission of a crime.(( Crime, Cornell Law School )) It ultimately covers all the aspects of criminal justice system. It is also known as the administration of justice , described as a process by which the legal framework and structure of a government is executed.

Criminal justice seeks to dissuade future crimes by imposing penalties for criminal acts, as well as to rehabilitate criminals. It is a system that delivers “justice” by punishment commensurate with the crime. Indeed, the Philippine penal system stands in middle between classicists and positivists, thereby, following the imprint of eclectic theory, where the imposition of penalty is for retribution and reformation.

Overtime, criminal justice evolves. The modern society is now built on a social contract that governments are responsible for maintaining order in their jurisdictions. Similarly, the Philippines, as a sovereign state, shall maintain order and administration of justice.

The Philippines embody the spirit of criminal justice by focusing on two basic ideas: the accused, convicted offenders, and victims all have rights, and crimes should be tried and punished in line with the law.

The Philippine Government has organized and established institutions which serve to maintain peace and order. These institutions are responsible for preventing crimes, enforcement of laws, and apprehension and prosecution of those who violate the same. If the courts of law find them guilty of committing a crime, they shall be confined in order for those people to be rehabilitated and to be reintegrated into the community as law abiding citizens.((Bravo, Philippine Criminal Justice System, pp. 160-162))

Why is Criminal Justice important?

Criminal Justice is important in a sense that it provides justice for all, as it punishes and rehabilitates criminals. Because of criminal justice, we feel a sense of security with, and in, our community.

We can go to work safely, we can go to the mall without fear of getting robbed, and we can walk in the streets without fear of getting assaulted. In short, we feel safe because of criminal justice. We are aware that those who transgressed the laws are, and can be, incarcerated between the thick and humongous walls of justice.

Such incarceration, however, is used to reform the individuals who breached the law. They are held in prison not to be completely banished from society but to rehabilitate them and correct their transgressions.

After serving the sentence or such rehabilitation, they will now be released and will be given a second chance to live like normal people, who will respect the laws and the institutions. If they remain unpunished, society is just tolerating such behaviors, and it will be like more or less an encouragement for them to continue violating the laws.

What is criminal justice reform?

Racial profiling, police brutality, overcriminalization, mass imprisonment, and recidivism are all systemic flaws in criminal justice system that must be addressed by criminal justice reform. It tries to enhance our existing and defective ( perceived ) criminal justice system, in which high-profile offenders can easily avoid punishment or receive preferential treatment, an abusive police force that treats prisoners like slaves, and a corrupt institution that tolerates such behavior.

As crime rates continue to escalate, criminal justice reform seeks to provide a competent and reliable system in which the society will rely on its stability. It deals not only with improving the penal institution but also entails a responsible police force, and a fair and inclusive treatment for all persons deprived of liberty.

Why is criminal justice reform important?

Criminal Justice reform is important because laws are made by men given the existing conditions when laws were enacted. It might be that the law by itself may have conflicts with other laws or lapses within itself.

Also, said statutes may not cover certain situations which have recently developed considering the changes in times like technology, how people think, behave and act, the new modes of committing crimes, and additional enacted laws.

The world is ever evolving. Hence, criminal justice must adopt to it, through criminal justice reforms, to ensure that the following are achieved:

Justice is still delivered to those who have been accused of committing crimes;
Meaningful sentences are being issued out;
Improved rehabilitation programs for offenders;
Other crimes are prevented;
Repeat offenders and runaway incarceration costs are reduced;
Address structural issues in criminal justice systems such as police brutality and overcriminalization;
Moral support for victims are provided – overall improving public safety;
Measures are in place to ensure that the system is cost-effective, fairer, and smarter, while enhancing the ability of law enforcement to keep our communities safe.

Overall, criminal justice reform is important in order to keep maintaining public order and safety throughout changing times.

Is criminal justice system important in our country?

Criminal justice system is geared towards delivering justice for everyone. This means protecting everyone, convicting criminals, and providing a fair judicial process in accomplishing these goals. Ultimately, the system keeps our citizens safe.

In the Judiciary Annual Report for CY 2021, there are 8,391 pending cases as of December 31, 2020. 3,975 cases were disposed during the year, showing that there were 4,416 from prior years which remain pending as of December 31, 2021.((Judiciary Annual Report for CY 2021))

From the Crime Statistics at a Glance report published by the Senate of the Philippines in its website,(( Crime Statistics at a Glance )) the monthly crime rate in 2012 was 18.9. This means that for every 100,000 people, there were around 18 incidents of crime every month. Considering the total population of the Philippines in 2012 is 98,032,317, we can conclude that there was approximately a total of 222,337 reported crimes in the Philippines in 2012.

These statistics compel the importance of criminal justice system in our country to ensure that justice is delivered for everyone. Hence, criminal justice system is important in the Philippines.

What is the importance of criminal justice system in the Philippines?

If significant focus is devoted to the current state of the criminal justice system, the guarantees provided by the Constitution such as: the right to life, liberty, and property; free access to courts and adequate legal assistance; the right to be informed; the right to counsel; the presumption of innocence ; and the right to a speedy trial, will remain but melodious words.

Nonetheless, the assurances under the basic law are predicated on the idea that the State provides every person with the resources to assert and exercise these rights and make them effective.

How do you perceive the criminal justice in the Philippines?

The Philippines is currently facing a grave threat to its weak democracy and rule of law institutions. So far, the government response has been marked by inaction and a lack of adequate direction over the police, justice department, and army, which have invariably exacerbated the situation by acting in interests other than that of the public.

The administration must now counteract these steps in the right direction by demonstrating that it has the will and willingness to implement the required changes to clean up the rot in its criminal justice system and wipe the name of impunity from its face.

Do we need to reform the Criminal Justice and how?

The criminal justice system in the Philippines is perceived not only as flawed, but also rotten. Obviously, it is imperfect, like any other criminal justice system in the world. However, what makes our justice system different?

It is because of impunity. Ever wonder why only the drug-pushers and users, and not the drug lords, are the victims of extrajudicial killings? And when they get lucky, they are not dead, and they are the only ones in jail? Perpetrators of killings, abusers, and rapists, especially if they have enough influence and power, do get away easily with the law. That is unfortunately the sad reality and the realization that our criminal justice system may have been perceived as rotten.

So the question is, do we need to reform it and how?

Clearly, the answer is yes . As to how, it is not easy.

First, we need to get rid of this impunity . Impunity has been instilled in the minds of everyone since time immemorial that it is not that all surprising if someone powerful commits a crime then gets away with it. If we want a reform in our criminal justice system, we need to be fair to everyone. We need to uphold the speedy, impartial, and public trial that is given to us by our Constitution.

Second, will be a reform in litigating crimes . The pandemic has not only slowed down even more the already notoriously slow deliverance of justice. It also resulted in overcrowded prison cells because of the delays and reschedules of hearings in courts.

But even before the pandemic happened, plenty of cases are already pending before the courts. Some of the detention prisoners even go so far as already serving their supposed penalty but have not gotten their day in court. Our judiciary, in this regard, is responsible for upholding the right to speedy trial of the accused, they should not delay the trial arbitrarily and indefinitely.

Third, will be a reform in criminal investigation . It is also stated in our Constitution that we have the right against unreasonable searches and seizures. For the past few years, with the War on Drugs being one of the priorities of the previous administration, some police officers were involved in the extra-judicial killings, torture, and abuse of ‘suspects’ to confess their crime. Our Police, in this regard, need to handle criminal investigations in an unbiased manner.

Fourth, will be a reform in victim and witness protection . It is undeniable that victims and even their witnesses have had threats on their lives after coming forward and speaking up. Those who seek protection are afraid for their lives, some of them even end up dead. Thus, it makes people wonder if the police protection is only available to the rich and powerful and has connections.

Take the SUV driver who ran over a security guard as an example. If we want a fair criminal justice system, it starts with a protection for everyone. We need a guarantee that these victims and witnesses are protected. Inasmuch as we uphold the principle of “innocent until proven guilty” of the accused, victims and witnesses also need protection in seeking their truth and justice.

There is no such thing as a perfect criminal justice system.(( Are Innocent People Pleading Guilty? A New Report Says Yes )) After all, the quantum of evidence essentially needed to convict or acquit an accused is proof beyond reasonable doubt . This means proof that requires moral certainty. But while it is true, every accused should have his day in court. The opportunity to be heard and to produce evidence on his own behalf are rights given to him for his own protection.

Having all of this said, while the Philippines is compliant in this, it is also perceived that our justice system may have operated and leaned in favor of the rich, influential, and powerful. It does not matter if innocent or guilty, the speedy and ‘impartial’ trial is afforded mostly in their favor. That is why there is a need for reform in order for ordinary Filipinos to also obtain their truth and justice.

Does imprisonment reform criminals?

Sentence of imprisonment is a penalty given to the criminals essentially depriving them of their liberty for the purposes of protecting the society against them, against other heinous crimes, and to counter and reduce recidivism.

The question now is does imprisonment reform criminals?

While it is true that imprisonment is not the be-all and end-all of all criminal justice system, the time that criminals spend in prison can deter them of future crimes and rehabilitate or reintegrate them by providing different wellness programs.

In the Philippines, for example, the government is the sole responsible in implementing programs that can help the prisoners to reintegration and rehabilitation – some of them are intervention programs, group counseling, vocational, livelihood, and skills training, and the like.

However, while imprisonment can reform criminals and give them the chance to reintegrate their lives, and a chance for a law-abiding and self-supporting life, the stigma surrounding ex-convicts and prisoners in general is still prevalent in the present society.

Ex-convicts have a hard time starting over again due to societal and workplace stigma. So inasmuch as imprisonment can reform criminals, it is still our duty as a society to give them the opportunity to make their life better during and after serving their sentence and while atoning for the sins they have committed.

The Philippines currently has a weak criminal justice system and is perceived not only as flawed, but also rotten, thus, the calls for a criminal justice reform to address structural issues embodied upon it.

The criminal justice reform is carried out by administering the following actions that affect our justice system:

To get rid of impunity;
To administer reform in the litigation of crimes;
To administer reform in the investigation of crimes;
To administer reform in the victim and witness protection programs; and
To administer reform in the rehabilitation and reintegration programs for the criminals.

Unless these reforms are not in place, structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism may never be immediately addressed. Overall, criminal justice reform is important in order to keep maintaining public order and safety throughout changing times.

RALB Law | RABR & Associates Law Firm

The Injustice System

By Miguel Syjuco

April 26, 2017

essay about the justice system in the philippines

MANILA — In one jail here, 91 men share a cell so small they take turns sitting down. It’s dizzyingly hot, and there are only two buckets for personal hygiene. And not one of the detainees has been convicted of a crime.

The 93 men packed into the cell next door are also not guilty — at least not yet. Nobody in this city jail has been tried. Each awaits his time in court. One inmate tells me his case has already stretched nearly five years. Many others have been here several months, since President Rodrigo Duterte began his war on drugs a little less than a year ago. The jails continue to overflow. “For every one person processed out,” an inmate told me, “five new ones arrive.”

All Filipinos know that there’s little justice to be had from our criminal justice system. It is toothless and glacial. And its longtime failure is at the root of broad acceptance of Mr. Duterte’s draconian drug war, which has led to more than 4,000 confirmed deaths , with nearly 3,800 more awaiting investigation. Like most institutions in this country, the systems of law and order are thoroughly dysfunctional. The abuses can only ever be rectified by addressing each in turn. But what if the mechanisms to do that are so broken they’re nearly useless?

According to Senate President Pro Tempore Ralph Recto , the judiciary has a backlog of 600,000 cases, with at least a fifth of all trial courts lacking judges. Each year, overworked prosecutors individually handle some 500 cases, while every public defender is responsible for roughly 5,000 clients. The police are also understaffed by 50,000, and officers are assessed not by the number of successful convictions but on the number of suspects charged by prosecutors, whose cozy relationships with cops make them hesitant to reject cases as lacking merit.

Many accused, after being pressed for bribes and languishing in jail for years, end up simply released after the police do not attend trials to testify, or the prosecution is absent or the evidence proves flimsy. Under Mr. Duterte’s predecessor, roughly one in four cases led to conviction — a pittance, but an improvement from the administration before that. Our criminal justice system has never been able to properly exonerate the innocent and punish the guilty.

No wonder so many voters put their faith in Mr. Duterte’s vow to root out crime in his first six months as president. That promise, however, proved fanciful, and his urgency to deliver led him to him cast human rights and due process as hindrances rather than as safeguards against an exploitative system. Punitive action, now operating extrajudicially, has become subjective and reliant not on the judgment of institutions, with all their checks and balances.

Citizens these days are targeted from drug watchlists compiled by local community officials, whom the president now denounces as largely corrupt and in need of replacement. Those lists, because they are confidential and unverified, have cultivated a sense of impunity that has led to police abuses, vigilante operations and thousands of killings. They’ve also left so many Filipinos vulnerable to less lethal, but more pervasive, victimization.

In slums that I visited across Metro Manila, wives, mothers, sisters and grandparents were eager to tell stories of their relatives, mostly men, who were arrested without warrants or detained without evidence. One woman told me that ever since police operations began in her community, her small children sleep fitfully, easily startled by noises in the street, and the sight of a police car sends them running in fear.

Residents recounted how police will conduct a “sona ,” slang for mass interrogation in communities that often leads to harassment by the authorities. I was told in one slum by the Pasig River that more than 80 men were called out of their homes, lined up and arrested last September. One woman said that a few of those detained ended up dead. Another woman, whose brother was similarly killed, spoke on behalf of her sheepish husband standing behind her. A model citizen in the community, he serves as a volunteer firefighter, heads the local group that organizes an annual religious procession and had just before his arrest passed a police clearance that was required for new employment. To raise his $500 bail, his family sold their shanty, gave up their small business and moved in with his mother.

Such stories are now commonplace. The poor, who’ve always known justice least, now bear injustice most. While Mr. Duterte remains overwhelmingly popular, a recent poll showed that trust in him has risen among the upper classes but has dropped by 11 percentage points among the poorest, resulting in a seven-point drop overall.

In a slum in the north of Manila, residents told me about a dozen men from the same street who were arrested this year after a police raid failed to snag a targeted drug suspect. Women showed me documents issued by the courts or Public Attorney’s Office, bearing labyrinthine legal phrases in English, a language they barely speak. To these citizens, the rotten justice system is the only place to which they can turn.

Human rights lawyers say such systemic injustice can be addressed only by reforming the judiciary, the penal system and the police together. But that network must first be challenged, to prove that its dysfunction results in grave consequences, and the only ones who can legally file cases are the abused parties, most of whom are too poor and too scared to do so.

That is steadily changing. Whistleblowers from among police and vigilantes are speaking out, while lawyers’ groups have been working on cases for victims of abuse or families of those killed. This year, a group of claimants won an injunction from the Supreme Court, which issued a restraining order against police officers alleged to have shot four men execution style. Yet the trial is a long way off, and these plaintiffs, and all others like them, receive no other protection from the government. They live in fear.

If not for concerned lawyers who advocate for them, the journalists who tell their stories and religious groups who offer sanctuary, these citizens, who mostly do not know their rights, would be facing the system entirely on their own. There’s an inspiring irony that the strength and courage most needed to challenge it all comes from the country’s most vulnerable.

These cases, often dismissed by Duterte supporters as isolated incidents or necessary growing pains, are actually vital to the reform this administration seeks. Without them, a public advocate told me, we can neither prove that abuse indeed stems from the system nor pinpoint what needs to be fixed. And given the current government’s efforts to reinstate capital punishment and lower the age of criminal liability to 9 years old, fixing the Philippine justice system is more than ever a matter of life and death.

Despite his violent rhetoric and his coddling of police, the blame is not all Mr. Duterte’s. No one person is culpable, just as no one person can fix it. What is supposed to be a precision instrument for ensuring law and order has become a weapon so blunt that most people can’t trust it. The current embrace of violence, and all the justifications people make for it, are predicated on this. The system is so broken that many Filipinos think it’s just better to purge the dregs of society. It’s a perverse hope — one that if we’re honest we can all understand, but one that if we’re responsible, we must ultimately reject.

Miguel Syjuco ( @MiguelSyjuco ), a contributing opinion writer, is the author of the novel “Ilustrado” and a professor at N.Y.U. Abu Dhabi.

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Justice System in the Philippines: Crawling at a Turtle's Pace

The different institutions of justice such as Supreme Court of the Philippines are designed to uphold fair and impartial justice. But these institutions lead many people to believe that it is not a system at all because of its slow pace. This study was conducted to prove that the justice system in the Philippines is too slow. This study used Case Study to determine the relationship of the respondent to the phenomenon in relation with the study. This study also used Phenomenology to investigate, analyze, and interpret the lived experience of the respondent. The researchers included five (5) respondents to undergo the research study but focused more to one (1) person only. The said respondent undergone a mediated interview and was given survey questionnaire. The results stated that justice system in the Philippines is too slow because of enormous delays happening inside the court such as insufficient number of judges, operational hours that are very limited, too many cases that are being tried by too few courts, expensive out-of-pocket fees, and unnecessary constitutional requirements. Hence, the factors mentioned above affects the court service delivery system and has a negative effect on the court users and public service seekers. It is based on the gathered data that are inclined with the argument of the research study. According to the results of the study, it is recommended that similar researches should be conducted. Further studies should include other judicial stakeholders such as judges, lawyers, prosecutors, police officers, and clerk personnel to analyze the slow pace of justice system in the Philippines. Additional studies would be essential especially for justice reform program the judiciary might implement to improve its system and create changes.

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