A Broken Pillar or A Missing Link?

By PDIR ALEX PAUL I. MONTEAGUDO

(Delivered at the 1st Criminal Justice Summit, 2012)

The Criminal Justice System (CJS) is a legal process adapted by a civilized

society in the prevention and solution of crimes which is carried on through
INVESTIGATION and the persons suspected thereof is taken into legal custody,
prosecuted in a court of law, and punished if found guilty, or acquitted if found
innocent, provision being made for his/her correction and rehabilitation.

The Philippines operates its criminal justice system apparatus whereby

society identifies, investigates, accuses, tries convicts, punishes, and rehabilitation
criminal offenders. Hence, the Philippines Criminal Justice System may be viewed in
three (3) challenging perspectives, such as the following:

1) It asserts the idea of deterrence, the notion that the threat of sanctions can
prevent crimes by creating a fear of punishment for those who might break the law;

2) It adheres to the concept and principle of retribution, the idea that criminal
offenders deserve to suffer for the harm they have done, and their punishment
should be proportionate to the harm inflicted; and

3) It supports the notion of behavioral change, which proposes that criminal

sanctions should aim to reform convicted criminal offenders so that they will stay
away from crime in the future.

In our democratic society, the CJS serves to fuel the hope that everyone is
equal in the eyes of the law – whether rich or poor, male or female, powerful or
otherwise. But is this reality?

From the perspective of law enforcement, the institution which is the first to
respond to a crime, and is at the frontlines of the fight against crime, the indicators
that the pillars are cracked or broken and the system is failing is all too familiar.
When people cannot obtain justice from the system, their frustration will compel
them to take action.

When the Justice System fails, the people are left with basically two options,
which unfortunately are both criminal in nature.

One, for the criminal or would-be criminal who possess some power to take
advantage of a broken system; he will carry out activities with impunity. An example
is a corrupt government official that steals or funnels huge public to his coffers,
knowing that the weak system can be undermined. He will abuse and even perhaps
order political killings against his opponents. Such a criminals brazenly commit crime
and break the laws that he was supposed to upheld.

The other option is that people will take the law into their own hands. These
could be vigilantes, death squads, salvaging or ELK/EJKs, the kangaroo courts of
the NPA, “rido” or clan-feuding in Mindanao or a rebellion. All these are resorted to
out of frustration for the slow and/or unreliable justice system.
on the other hand, is fueled by the propaganda that the law is a Christian law
designed to favor the Christians and not the Muslims. While these are both
propaganda, they are nevertheless effective because, unfortunately, there is some
truth to it. These are just some of the issues that confront the law enforcers and are
thus also issues for the criminal justice system.

With these realities, I present an alternative view of the criminal justice

system. But before that, let us take another look at the 5 Pillars of the CJS
illustrated as a temple (See Figure A below), which suggests that even if one of the
pillars break or fall, the temple can still stand.

Figure A. Illustration of a temple structure with five pillars.

 But for a victim of crime who seeks justice under the system, any pillar that
breaks would mean that the system has failed him. Yet the temple stands. But that is
not what the common Filipino feels or sees.

Another perspective of the justice system can be illustrated by five links

forming a chain. “A chain is only as strong as its weakest link.” When a crime is
committed there are two major stakeholders, the victim and the offender. Both must
use the system to put forward his interest- justice.

Figure C. THE FIVE (5) LINKS OF THE CRIMINAL JUSTICE SYSTEM

This model of a chain with each link represents each pillar of the justice
system. It suggests that if any link breaks, the chain fails. When a crime is
committed the victim needs to use each link of the chain to obtain justice. If law
enforcement or the investigation fails he will never get to the next link. If the
investigation and evidence is strong yet the prosecution fails or the court fails, the
chain breaks. In any case, Justice breaks!

To most law enforcers, this is a more faithful illustration of how the CJS is
seen to work, or not to work, as the case may be.

The chain model therefore shows that we cannot strengthen one link and
disregard the other because it would have the same result. If law enforcement is
strengthened by adding new recruits or resources, the same input should be done
for the prosecution, the courts and the corrections. If the court is competent, the
investigators and prosecutors must be made equally competent. All the pillars
operate only as just one system. They are interdependent, interconnected and
inseparable.

The failure of one will definitely affect or hamper the efficiency of the other
although each one has its own mandates or functions. It behooves upon each link,
therefore, to help strengthen the other instead of blaming each for the failure of the
system.

Earlier, we identified some realities or factors that cause the pillars to break or
weaken. The people are considered as the claimholders or the beneficiaries of the
system, they have expectations: what today we believe is a revolution of rising
expectations.

People will hold on to the system that will give them greater results. If and
when it results in dismal consequences or an absence of justice, it will fuel and even
give rise to frustrations; in turn opening up minds to alternative options.

Naturally, this uneven progress has led to the existence of the NPA and the
MILF and other enemies of the state and the proliferation of private armed groups.
Conclusion

While we endeavor to find solutions to these problems, let us not however fall
into the legislation trap where the passing of laws is interpreted as having solved the
problem.

We already have so many laws, the problem is full implementation and the
availability of resources to implement them effectively, the accountability that
would sustain it.

Despite this seemingly bleak picture, the PNP is optimistic. We have our PNP
ITP/PGS which has really made a lot of progress. The PNP will continue to work to
strengthen itself as one of the pillars of the Criminal Justice System. But most
importantly the PNP believes that if the CJS is to be effective and responsive to the
needs and expectations of the Filipino people, we must re-orient our perspectives
from a five-pillared solid temple to a chain strengthened and interlinked.

A change in perspective will allow us to reassess also what has to be done to

strengthen each link of the chain and work with each other. We are measured by the
strength of each link. We fulfill our responsibilities when we stand strong as a
complete chain - a functional criminal justice system that works for every
Filipino

Nothing beats the arrest and conviction of the criminal as a deterrent to

crime. The challenge, however, is for all police officers to stand strong as a
component of the CJS and not contribute to its cracking or breaking.

In a similar manner, all law enforcers should contribute in completing

the CJS chain and not be the missing or weak link.
 
  So tell me what kind of a law enforcer are you – a broken pillar or a missing
link? Your honest answer determines the condition of our Criminal Justice System.
 
 
Reflection questions:
 
1. What are the five pillars of the Philippine Criminal Justice System (CJS)?
How is this relevant to the communist insurgency problem?
2. Why and how is the PNP a very important pillar of the Criminal Justice
System? How should it function as a strong pillar of the CJS?
3. What are the manifestations that a police officer becomes the weak or
missing link in the chain of the CJS?
4. As a police officer, how can you become a strong link of the CJS?
5. How can the PNP as an institution be a strong pillar of the CJS?