The Philippine Human Rights Enforcement System

7/21/2019 The Philippine Human Rights Enforcement System

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It is the system of practices, used by national

and local governments, directed at

maintaining social control as well as deter

and control crime, and sanction those whoviolate laws with criminal penalties. T


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The primary agencies charged with these

responsibilities are:

law enforcement (police)

prosecutors Courts (lawyers and judges)

local jails and prisons


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(.) Community,

(!.) The "aw #nforcement,

($.) The %rosecution &ervice,

('.) The Courts, (.) The Correctional Institution.


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It refers to institutions, government, and nongovernment agencies and people*s organi+ationsthat provide care and assistance to the victims oroffended party, during and after the onset of a

victims* rights case. The community- has a significant role to

assume in all the phases of judicial involvementof offender as well as the protection process: theprevention of abuse, cruelty, discrimination and

eploitation, assistance of offenders who enterthe criminal justice system and the acceptanceof the offenders upon his reintegration into thecommunity,,, after he goes out of Correctional.


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It involves government agencies charged withthe enforcement of penal laws. It is primarilyresponsible for the investigation anddetermination whether an offense has beencommitted, and where needed, theapprehension of alleged offenders for furtherinvestigation of the third pillar,,, %rosecution&ervice.


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refers to the /ational %rosecution &ervice(/%&).

The /%& is mandated to investigate and

prosecute penal violations. It collates, evaluates evidence in the

preliminary in0uest investigation anddismisses or files the case in court as

indicated.


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The %ublic 1ttorneys 2ffice or private

defense counsel, on the other hand, serves

as the defender of offender who is charged

before the court and unable to hire theservice of the retained lawyer.


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refers to the 3CTC, 3TC, 4egional TrialCourts, C1 and &C

designated to handle and try the case and

issue judgment after trial.


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It refers to institutions mandated toadminister both correctional andrehabilitation programs for the offenders.These programs develop the offenders orconvicts* abilities and potentials andfacilitate their reintegration into thecommunity and normal family life.


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&uppose: the people (family of the victim)refuses to cooperate in the investigation ofthe case, then the police would not be aseffective to perform his job to arrest thesuspect, thus, the first pillar of criminaljustice system would be ineffective ordysfunctional.


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&uppose!: the people (or family of thevictim) or victim herself fully cooperated inthe investigation of the case that led to theapprehension of the suspect, but later on thepolice, thru negligence or bribery, has justallowed the suspect go free and evadearrest, thus the second pillar of criminaljustice system is also dysfunctional or rotten.


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&uppose$: both the victim and police hadwor5ed together closely in the investigation,and actual apprehension of the suspect,however during the preliminary investigation

stage conducted by the fiscal, who actedpartially and moved for the dismissal of thecase due to alleged lac5 of probable cause,however upon in0uiry it was found out laterthat he did receive a bribe money from thesuspect in echange of a favorableresolution, thus, the third pillar of criminaljustice system would also be dysfunctionaland decomposing as well.


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&uppose': the victim, police and the fiscalhave done their wor5 par ecellence andwere able to present a strong case in court,but judge, who handled and tried the case,renders a decision ac0uitting the accused ashe did receive monetary consideration fromthe other party, or thru pa5i5isama-, or heis a compare- of the accused, thus, the

fourth pillar of criminal justice system isli5ewise dysfunctional.


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&uppose: the accused was finally convictedvia fair and impartial trial, thru thecooperation of the aforementioned pillars,thereby giving justice to the victim of thecrime, but when the accused was formallydelivered and turned over to the correctionalinstitution to serve his sentence, but insteadof being corrected and rehabilitated therein,

said convict was tortured and man handled,etc. (thru mental 6 physical torture), thus,the last pillar of criminal justice system isalso dysfunctional.


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To be able to strengthen an effectivecriminal justice system, all these pillars mustperform and deliver their respective job parecellence in the reali+ation of justice.


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The report analyses why the criminal justicesystem in the %hilippines fails to function.

command irresponsibility-,

the noneistent witness protectionprogramme,

the bias of state officers towards victims andtheir families,

irregularities in investigation and prosecution 7lawed and misguided criminal

investigations.


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The police are the first and biggest obstacle tovictims and their families obtaining justice in the%hilippines. 8here family members andwitnesses come forward, they often find that

police investigations contradict their versions ofincidents. %olice investigators sometimes ma5epremature pronouncements about the motive fora 5illing and its cause, flatly rejectingalternative suggestions, particularly where state

officers or persons allegedly connected to themare among the possible suspects.

due to eistence of scalawags in uniform, 5otongcops, hulidap cops


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The failure of the witness protectionprogram must be attributed s0uarely to therotten condition of its implementing agency,the 9epartment of ustice. %ublic

prosecutors, who are its officers, have alsofailed in their duty to refer witnesses forinclusion in the protection programme. #venin the most serious cases of etrajudicial

5illing, torture and disappearance, they arenot 5nown to have made recommendationsand applications for protection.


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The Philippine Human Rights Enforcement System

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