CIVIL rights champion Martin Luther King, Jr. famously said, “The arc of the moral universe is long, but it bends toward justice.With such a resonant line of Dr. King (reflecting his profound belief in the power of justice to shape the moral course of history), we may be tempted to ask: Does the Philippine criminal justice system really work?
Criminal justice system
The criminal justice system refers to “the aggregate of all operating and administrative or technical support agencies that perform criminal justice functions.”
Black’s Law Dictionary also defines “criminal justice system” as the network of courts and tribunals which deal with criminal law and its enforcement. (Abridged Fifth Edition, 1983)
Undoubtedly, our criminal justice system is at the heart of Philippine democracy. Without the proper functioning of the criminal justice system—the machinery which Philippine society uses in the prevention and control of crimes—democracy will not flourish and rights will be relative.
Justice delayed is justice denied
The criminal justice system is designed to deliver justice for all. This means protecting the innocent, convicting criminals, and providing a fair justice process to help keep order across the country. (www.goodwin.edu)
Some quarters of the society claim that the maxim “justice delayed is justice denied” accurately summarizes the current state of the Philippine criminal justice system.
To be sure, efficiency should be an equally important goal of the system as accurately dispensing justice. Delays undermine the trust of society in the justice system. (Alvin Ang, “Determining the Costs of Delay in the Philippine Criminal Justice System,” Asia-Pacific Social Science Review, June 2006)
Several causes are cited for case delay (or delay and inefficiency in Philippine court proceedings). They are: (1) The increase in number of cases filed over the years due to the heightened awareness of the people of their rights and privileges, the enactment of new laws and rules, as well as increased government actions affecting private individuals; (2) The lack of courts, and the slowness or difficulty in filling up vacancies; (3) The small budget allocated to the Judiciary; (4) The complexity of the rules of procedure; and (5) The inadequacy or failure of cooperation of court-related agencies
The Five “Pillars”
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 law.
The Philippine criminal justice system is composed of five (5) components or “pillars,” namely: (1) Law Enforcement; (2) Prosecution; (3) Courts; (4) Corrections (Penology); and (5) The Community.
Considered as the prime mover of the criminal justice system, the law enforcement pillar consists mainly of the officers and men of the Philippine National Police (PNP), the National Bureau of Investigation (NBI), and other agencies. On the other hand, the prosecution pillar (the gatekeepers of the criminal justice system) is made up of Provincial and City Public Prosecutors, State Prosecutors, etc.
The final determination of the innocence or guilt of persons accused of crimes by the Prosecution Component is done by the Courts. While the corrections pillar (or the correctional system) is concerned with the custody, supervision and rehabilitation of criminal offenders. (It is tasked to safekeep and to rehabilitate those convicted by the courts.)
Finally, without the active participation of the members of the community, the processes of the criminal justice system cannot operate. Obviously, the police rely on citizens to report crimes and to assist them in the conduct of investigations. And the prosecutor and the judges depend upon citizens as witnesses in the prosecution of the offender.
To recapitulate, our criminal justice system is all of the “five (5) components or pillars”—collectively. These pillars function like a chain of links. Thus, their coordination is essential.
For the Philippine criminal justice system to work efficiently and speedily, it is a must for all the five (5) components or pillars to work efficiently and with dispatch, and in cooperation and coordination with one another.
If the judicial machinery itself runs too s
