CHAPTER 28 PEACE AND ORDER

Introduction

 

   The basic task of the Medium Term Philippine Development Plan (MTPDP) is to fight poverty by building prosperity for the greatest number of Filipinos. This means a better quality of life that would allow each person to realize his/her potentials as a human being and as a productive member of society. 

 

   A better quality of life is both an end-goal and a process which has two requisites:  peace and development. A just, comprehensive and lasting peace is the condition wherein internal and external threats to national security and the people’s well-being are minimal or non-existent.   When peace and order and security are absent, uncertainty sets in. And when families and enterprises spend to protect themselves, resources are channeled away from productive activities. This situation hinders the growth of investments, job and wealth creation and must not be allowed to persist. The government is responsible in guaranteeing public safety and national security while ensuring that the rule of law prevails.

 

Development Challenges

     Five Pillars of the Criminal Justice System 

     Law enforcement.  Law enforcement, one of the pillars of the criminal justice system, is beset by several problems such as undermanned police force, inadequate basic police equipment, communications and investigation equipment, vehicles and police facilities. These affect the overall operations of the police force. 

 

   As of 2006, there were 5,270 policemen in the region, about seven percent are officials and the rest are non-commissioned officers. The police strength met the minimum police-to-population ratio of 1:1,000 but still below the standard of 1:500.  The police only has 52 patrol cars available in the region and needs 12 more to effectively run after criminals. Only 68 percent of the policemen were issued the standard pistols. The Philippine National Police Region 5 (PNP) needs an additional 1,672 pistols and 1,029 long firearms to supplement its current stock. 

 

   Despite these limitations, the police are in the forefront against all forms of lawlessness in the region. Crime volume was reduced from 2,972 in 2004 to 2,029 cases in 2006. All index crimes such as homicide, murder and rape and street crimes like robbery, theft, and illegal drug activities decreased in 2006 from their levels in 2004. The police solved 87.48 percent of the reported crime incidents in 2006, lower than the 89.77 percent in 2004.

 

      Investigation and prosecution.  About 15,000 cases are for preliminary investigation each year and about 24 percent were disposed on the year that it was handled. In 2006, 17,874 cases and 17,579 cases were on different stages of trial in regional and municipal courts, respectively. Despite these efforts, lack of prosecutors delays the resolution of cases.  A prosecutor handles an average of 50 cases for trial every month. The prosecution service needs 24 prosecutors more to attain the ideal ratio of one prosecutor per court and speed up the resolution of cases. The number of cases that has to be attended to not only weakens the quality of prosecution but also delays justice.

 

   Judiciary.  Court dockets from regional trial courts to municipal trial courts are heavily clogged. The average caseload for the three year period is 23,951 cases.  The number of pending cases in all courts in the region remains high with annual averages of 8,449 criminal cases, 2,288 ordinary civil cases and 1,460 other cases.  The low disposition of cases by the courts can be attributed to the lack of judicial branches and judges not only in the region but the whole country as well.  As of 2006, there were still 12 judicial branches without a judge in Bicol and a third of all judicial branches in the Philippines were still unfilled up as of 2004.  The creation of a judicial branch requires an act of Congress.

 

   Correctional system.  Correction and rehabilitation pillar is weighed down by limited manpower, inadequate jail facilities, increasing number of inmates, inadequate career development program for jail personnel and lack of highly motivated, dedicated and multi-skilled workforce.

 

   There are 35 jails in the region managed by 469 jail personnel with a jail population of 5,452 inmates or personnel-to-inmate ratio of 1:13 which is lower than the ideal ratio of 1:7. Because of this limitation, jail personnel are doing both custodial assignments and rehabilitation activities.

 

   The number of detained and sentenced prisoners increased from 4,672 in 2004 to 5,452 in 2006 despite efforts to decongest the jails.  About 89.71 percent of the inmates have pending trials while only 10.29 percent are serving their sentence.   Jail services are insufficient to address the problems brought about by congestion and the possibility of inmates’ escape from dilapidated jails.

 

   Community/Public Safety.  Community participation as a pillar of the criminal justice system was enhanced with the implementation of several initiatives.   One is providing all mobile phone users immediate access to police assistance through Text PNP 2920 to ensure prompt police action.  Patrol 117, a joint project of the Department of Interior and Local Government (DILG), Bureau of Jail Management and Penology (BJMP), Bureau of Fire Protection (BFP), Bayantel and Digitel was made operational for emergency requests for police and rescue assistance. 

 

   Community police assistance centers were established in critical areas to enhance accessibility and improve police response time to calls for assistance from the citizenry.   The council of community elders, which acted as the focal point and link of the community to the police in the maintenance of peace and order, was sustained in all provinces. The PNP organized and mobilized barangay tanods, security guards and anti-crime groups as “force multipliers” in support to the conduct of crime prevention activities.

 

   Legal assistance.  An average of 21,089 cases per year is being handled by public attorneys and about 48 percent are terminated and the rest are pending.  Public attorneys also provided legal counseling to an average of 136,984 persons every year.   The Public Attorney’s Office needs additional lawyers to speed up resolution of cases and give marginalized groups more access to justice. 

Internal Security

   The CPP-NPA-NDF represents the most serious threat to internal security.  Its objective is to seize political power and eventually supplant the present democratic form of government with communist rule.  In the Bicol Region, the CPP-NPA-NDF is represented by the Bicol Regional Party Committee.  It is composed of five provincial party committees and operates in 13 guerilla front committees and two independent komite seksyons sa platoon throughout the region. It had total strength of 768 members (CPP – 369; NPA – 399) in 2006 and an estimated mass base element of 37,100 persons.  In terms of affected barangays, 253 were infiltrated and influenced in 2006 (down from 291 barangays in 2005) and 706 are threatened (from 604 barangays in 2005).  The number of affected barangays is about one-fourth of all barangays in the region.

 

   The military is guided by the National Internal Security Plan (NISP) in its efforts to overcome insurgency in the region wherein the clear-hold-consolidate-develop (CHCD) operational methodology is being applied.  The clearing and holding components of the NISP are the responsibility of the Armed Forces of the Philippines (AFP) together with the police and augmented by the Civilian Armed Forces Geographical Unit.  For the three-year period, the Philippine Army cleared a total of 82 barangays and is now being secured from the re-entry or incursions of armed groups.  The re-establishment of government control and authority in the said areas is ongoing.  The army envisioned these areas to be transformed from being NPA-infested to a government-friendly community, thereby optimizing its economic and tourism potentials. 

Human Rights

   Upholding human rights is also a major concern of the government.  According to the Commission on Human Rights (CHR), human rights violations are caused by the total war policy of the government against communist insurgents.  Most of the human rights violations involved murder, unlawful arrests, illegal searches and seizures, physical injuries and a number of insurgency related cases.  From 2004-2006, 336 cases of human rights violations were investigated by CHR, 20 percent were resolved and about 40 percent of these cases were filed in courts. 

 

   The Commission instituted measures to improve human rights conditions in the region such as: (a) increased civil and criminal cases filed in courts and administrative bodies; (b) increased jail visits to monitor inmates’ conditions; (c) immediate motu-propio investigation of sensational cases of political killings; (d) conduct of alternative dispute resolution method for affected families; and (e) sustained promotion efforts among all stakeholders.  To speed up the resolution of human rights cases, 258 additional barangay human rights action centers (BHRACs) were established and the members trained.

 

Objectives

1. To improve the efficiency and effectiveness of the five pillars of criminal justice system.

2. To lessen threats to peace and order and security in the region.

Strategies

   Law Enforcement

 

   Professionalize and modernize the PNP.  These shall be achieved by upgrading the qualification standards, recruitment of qualified applicants, conduct of career training and development programs and management of PNP personnel.

 

   A police force with integrity shall be ensured through the monitoring and investigation of police personnel for their possible involvement in illegal and anomalous activities and violations of human rights.  The merit promotion plan for police personnel and administration of scholarship for PNP beneficiaries shall be implemented.

 

   Strengthen overall policy and operational coordination of regional and local Peace and Order Councils (POCs).  The regional, provincial, city and municipal peace and order councils shall be mobilized as partners of law enforcement agencies in the anti-crime campaign.  The POCs shall take the lead in the all-out effort to improve peace and order at the local level.  The regional, provincial, city or municipal POCs shall be strengthened to be active and responsive anti-crime bodies.

 

   Establish modern information systems on surveillance and detection.  The PNP shall work to establish a modern integrated crime management information system through the acquisition and upgrading of appropriate technology and equipment to enhance its capabilities on surveillance and detection system that will enable, for instance, crime mapping and analysis.

 

   Pursue effective and credible law enforcement.  Within anticipated budgetary limits, the PNP shall improve and upgrade its capabilities in terms equipment, firepower, mobility and communication, surveillance and detection. The PNP shall also enhance the tri-lateral partnership between the local chief executives, the police and the community.

 

   Continuous and intensified police operations.  The PNP shall pursue the three-tiered defense system against terrorism. Intelligence gathering shall be further strengthened to identify potential terrorist targets, terrorist organization or profile, and conduct pre-emptive strikes on terrorist lairs, among others.  Organized and syndicated crime groups shall be neutralized and crimes of major concerns such as illegal drugs, illegal gambling, violence against women and children, etc. shall be a priority.

    Prosecution

   Expedite resolution of cases.  The Department of Justice (DOJ) shall recruit qualified prosecutors to address the gap in prosecutor-to-case ratio and hasten the resolution of cases. 

    Correction

    Upgrade jail facilities.  The BJMP shall work to improve the jails and correctional facilities and the conditions inside the jails to address the problem of overcrowding and improve the living conditions of the prisoners. 

 

   Strengthen rehabilitation programs for prisoners.  The BJMP shall also improve jail security, custody and control program and intensify its rehabilitation programs for inmates at par with international standards.  The CHR shall continue to educate personnel responsible for security, safeguarding and rehabilitation of prisoners/detainees.

   Community/Public Safety

   Strengthen the Barangay Justice System.  The DILG and the LGUs shall enhance the skills of lupong tagapamayapa in conciliation and mediation of all types of conflicts in the barangays which shall help lessen case dockets, speed up disposition of cases and help decongest jails and correction facilities.

 

   Mobilize the citizenry for maintaining peace and order in the community.  The DILG shall revitalize provincial, city and municipal peace and order councils to enable them to assume a more dynamic role in the government’s heightened crime prevention campaign.  Barangay anti-drug abuse councils shall be mobilized in monitoring and eradicating illegal drug operations in the community in support of the government’s campaign to make the Philippines a drug-free country by 2010.  Enhancement training on crime investigation and detection and on the enforcement of special laws and ordinances will be conducted.

 

   The PNP and the DILG shall equip barangay tanods with appropriate knowledge; attitude and skills that will help them perform their functions with as front liners in the fight against lawlessness, crimes and terrorism.  Barangay tanods shall continue to undertake “Ronda sa Barangay” as deterrent for hardened criminals and would-be criminals to commit crimes in their respective barangays.

 

   Force multipliers such as barangay tanods, security guards and anti-crime groups shall be organized and trained to provide solution to PNP manpower shortage for crime prevention operation.  Community participation in information gathering shall be enlisted. 

 

   Activities to improve community awareness will be conducted. Topics will include: bomb threat awareness, anti-terrorism, anti-kidnapping, street crime prevention. This will involve the distribution of leaflets.

 

   Likewise, Barangay Crime Prevention Councils, Barangay Peace and Order Councils and Student Crime Prevention Councils shall be monitored and evaluated. 

 

   Advocate full protection and promotion of human rights.  The CHR shall continue to conduct exhaustive investigation of human rights violations, issue advisories on military and police abuses and provide a reliable witness protection program. The National Police Commission (NAPOLCOM) shall ensure respect for human rights by the police through continuous training, application of scientific crime investigation, institutionalization of the Manual of Law Enforcement Operations, and strengthening coordination with the CHR. 

 

   Improve free legal services.  Public Attorney’s Office shall improve the legal skills of its public attorneys and improve free legal services to marginalized groups and indigent families.

 

   Appropriate legal services and other interventions including financial assistance for victims of human rights violations will be provided.

 

   Adjudication/Courts

 

   Support the Action Program for Judicial Reform.  The government will support and complete the on-going comprehensive and integrated program of reforms for the judiciary particularly on case decongestion, judicial systems and procedure, human resource development, institutional development and reform support systems. It shall improve court and case management by filling up the vacancies in the regional and municipal trial courts and provide more access to justice by the poor.

 

   The justice system shall work for the: (1) speedy and efficient preliminary investigation of cases by government prosecutors; (2) speedy and efficient prosecution of criminal cases for trial in regional and municipal trial courts;  and (3) speedy and efficient handling of cases referred by other offices such as Office of the Solicitor General, Ombudsman and Commission on Election (COMELEC).

 

Promote the use of Alternative Dispute Resolution.  The government shall encourage and actively promote the use of alternative dispute resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets.  The government shall provide the means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases. This is without prejudice to the adoption by the Supreme Court of any ADR system as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines.

 

Targets

1. Reduce crime incidence by 20 percent at the end of 2010.

2. Increase crime solution efficiency to an average of 92 percent per year.

3. Achieve a police to population ratio of 1:500 by 2010.

4. Achieve ideal jail guard to inmate ratio of 1:7 at the end of the plan period.

5. Reduce jail decongestion by at least 10 percent by 2010.

6. Reduce the number of barangays affected/influenced by insurgency by 82 at the end of 2010.

7. Reduce the number of barangays affected by illegal drugs by 20 percent at the end of 2010.

8. Reduce cases of human rights violations by 20 percent at the end of the plan period.

9. Achieve prosecutor to court ratio of 2:1 at the end of 2010.

10. Reduce court case backlogs by at least 20 percent per year.

11. Organize 120 Barangay Crime Prevention Councils and 120 Student Crime Prevention Committees.

Major Programs and Projects

1. Kalahi para sa Kalayaan Projects involves the implementation of small infrastructure projects such as communal water facilities, day care centers and farm-to-market roads in identified priority areas of the region.

2. Revised Anti-Crime Program involves the 24-hour Deployment of PNP Personnel especially in crime-prone and high traffic-density areas to optimize maintenance of peace and order.

3. Establishment of Police Community Precincts in strategic areas along the main supply routes in the region to make the highways safe for commuters, vehicles and commodities. 

4. Procurement of floating vessels, patrol cars, firearms and ammunitions, and equipment to upgrade the operational capability of the police.

5. Hiring of additional policemen to augment existing manpower.

6. Special projects against criminal gangs, organized crime and private armed groups.

7. Health and Education Programs – involves the continuous provision of health care services and basic needs to inmates and continuation of elementary or high school/technical education to selected inmates as well as introduction of alternative training/non-formal education.

8. Improvement of Infrastructure and Equipment for Jails – involves the repair and improvement of facilities of 35 jails in the region with a cost of P 2.7 million.

9. Recognition and Awards System for Best POCs to enhance POC operations and motivate and uplift the morale of POC members.

10. Implementation of Human Rights Education and Information Programs involves the conduct of trainings on human rights for jail personnel, police, military and other concerned stakeholders and the establishment of Barangay Human Rights Action Centers and training of its members.

11. Speedy and efficient preliminary investigation of cases by government prosecutors.

12. Speedy and efficient prosecution of Criminal Cases for trial in regional and municipal trial courts.

13. Monitoring and evaluation of Barangay Crime Prevention Councils, Barangay Peace and Order Councils and Student Crime Prevention Councils.

14. Conduct of major internal security operations against CPP/NPA and other crime groups.

15. Provision of appropriate legal services and other interventions including financial assistance for victims of human rights violations.

back to top