There space actually five (5) pillars that criminal justice system, together follows; (1.) Community, (2.) The legislation Enforcement, (3

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There space actually 5 (5) pillars of criminal justice system, as follows; (1.) Community, (2.) The regulation Enforcement, (3.) The beginning Service, (4.) The Courts, (5.) The Correctional Institution. If among these pillars is dysfunctional, “wala tayong maasahan na hustisya!” The 5 (5) pillars the the Philippine Criminal Justice system have necessary roles to play in the investigation, prosecution and dispensation of justice of the alleged offenders or felons. The very first pillar is the community ( e.g., human being & People’s Organizations). It describes institutions, government, and also non-government agencies and people’s organizations that carry out care and also assistance come the victim or offended party, during and after the beginning of a victims’ legal rights case. The “community” has a far-ranging role to i think in every the phases of judicial involvement that offender and the defense process: the prevention of abuse, cruelty, discrimination and exploitation, assistance of criminal who get in the criminal justice system and also the accept of the criminal upon his reintegration right into the community,,, after that goes out of Correctional. The second pillar is legislation ENFORCEMENT (e.g. PNP, NBI, PDEA, etc.) It requires government organ charged through the enforcement that penal laws. The is primarily responsible because that the investigation and determination even if it is an offense has been committed, and where needed, the apprehension the alleged offenders for further investigation that the third pillar,,, start Service. The PROSECUTION service (Public Prosecutor or Fiscal) refers to the nationwide Prosecution company (NPS). The NPS is mandated come investigate and also prosecute penal violations. The collates, evaluates proof in the preliminary inquest investigation and also dismisses or records the situation in court as indicated. The public Attorneys Office or exclusive defense counsel, ~ above the various other hand, serves as the defender of offender who is charged prior to the court and unable to rental the service of the maintained lawyer. The fourth pillar is the COURT (MTC, RTC) )which describes the MTC and regional Trial court designated to manage and try the case and also issue judgment after trial. The fifth pillar is the CORRECTIONAL system (NBP, CIW, BJMP) . That refers to institutions mandated to administer both correctional and rehabilitation programs for the offenders. This programs develop the criminal or convicts’ abilities and also potentials and also facilitate their re-integration right into the community and also normal family members life. The rehabilitation and also recovery process involves the assistance of government agencies, non-government organizations and also most important the family and also community so that the offender and the offended can heal and recover in stimulate to have the ability to cope and also rebuild your lives. NB: the fifth pillar is formerly dubbed PRISON or PENITENTIARY, it is now referred to as a CORRECTIONAL (e.g. Correctional college for women in Mandaluyong) due to the fact that the purpose of the regulation is come correct and also rehabilitate the judge as fertile citizen the the country, after he goes the end of prison, together he will certainly commingle or return to the neighborhood to live a new life as a normal person, no anymore together an ex-convict. Suppose1: the people (family that the victim) refuses come cooperate in the investigation of the case, climate the police would certainly not it is in as reliable to do his task to arrest the suspect, thus, the an initial pillar the criminal justice system would it is in ineffective or dysfunctional. Suppose2: the world (or family of the victim) or victim herself fully cooperated in the examination of the case that resulted in the apprehension that the suspect, but after that the police, thru negligence or bribery, has just allowed the suspect go cost-free and evade arrest, therefore the second pillar of criminal justice mechanism is also dysfunctional or rotten. Suppose3: both the victim and also police had worked together very closely in the investigation, and actual apprehension that the suspect, however during the preliminary examination stage carried out by the fiscal, that acted partially and also moved for the dismissal of the situation due to alleged absence of probable cause, but upon inquiry it was uncovered out later that that did receive a bribe money from the suspect in exchange of a favorable resolution, thus, the 3rd pillar the criminal justice mechanism would additionally be dysfunctional and also decomposing as well. Suppose4: the victim, police and the fiscal have done their work-related par excellence and were maybe to existing a solid case in court, yet judge, that handled and tried the case, renders a decision acquitting the accused as he did get monetary factor to consider from the other party, or thru “pakikisama”, or the is a “compare” of the accused, thus, the fourth pillar of criminal justice mechanism is similarly dysfunctional. Suppose5: the accused was lastly convicted via fair and also impartial trial, thru the participation of the previously mentioned pillars, thereby offering justice come the victim of the crime, however when the accused was formally delivered and also turned end to the correctional institution to serve his sentence, but instead of being corrected and rehabilitated therein, stated convict to be tortured and also man handled, etc. (thru mental & physical torture), thus, the last shaft of criminal justice device is also dysfunctional. To be able to strengthen an effective criminal righteousness system, every these pillars have to perform and deliver their respective project par excellence in the present of justice. Fail of any kind of of the pillars abovementioned to duty well will certainly lead us right into chaos and other forms of unrest in the community, due to the fact that the government that is supposed to it is in the bulwark and vanguard that peoples’ best will serve nothing but a traitor come its very own people, can not to protect the rights and also interest that its citizens. Critical year, the asian Legal resource Centre (ALRC)- a Hongkong based, introduced a brand-new report describing exactly how the rotten criminal justice device in the Philippines stops working to provide justice to its people and also contributes to the widespread human being rights violations in the country. “The criminal justice device of the Philippines is rotten”, defines how the police and also courts fail come investigate and solve various human being rights violations because of the lack of sincerity, in spite of well-established organizations on papers. That calls because that the government to revolutionary the criminal righteousness system and also fulfill the promises it made to the Filipinos in the laws. The report analyses why the criminal justice mechanism in the Philippines falls short to function. It identifies as including “command irresponsibility”, the non-existent witness protection programme, the bias of state policemans towards victims and also their families, and the person who is abnormal in investigation and prosecution . Flawed and also misguided criminal investigations. The police are the an initial and best obstacle to victims and their family members obtaining righteousness in the Philippines. Where household members and witnesses come forward, castle often discover that police investigate contradict their versions that incidents. Police investigators sometimes make premature pronouncements around the motive for a killing and also its cause, flatly rejecting alternate suggestions, an especially where state policemans or persons allegedly associated to them are amongst the possible suspects. And, because of existence that scalawags in uniform, kotong cops, hulidap cops, that uneven these scalwags in uniforms are eradicate, if not obliterated, the Mamang Pulis and also Aleng Pulis ambitious job of P/Director basic Sonny Razon would certainly only median nothing yet just a scrap item of garbage regimen which cannot be complied with in an excellent faith by his men, or else, the will continue to be as a hoax like, “Mamang Pulis-Pulis T…… Matulis.” Non-existent victim and witness protection. Many victims the extrajudicial killings in the Philippines have had threats on their stays beforehand; some currently having survived previously attacks. Those who seek security are frustrated by the unresponsiveness the state agencies the supposedly have actually obligations to assist in such instances. Countless end increase dead. The fail of the witness defense program should be meeting squarely come the rotten problem of that implementing agency, the room of Justice. Public prosecutors, who space its officers, have also failed in their duty to refer witnesses for inclusion in the security programme. Even in the most serious cases of extrajudicial killing, torture and disappearance, they space not well-known to have made recommendations and applications for protection. Ineffectual and also biased prosecutors publicly Prosecutors make little or no attempt to conceal predisposition in their taking care of of criminal complaints. The degree of predisposition is again ideal illustrated through the head of the department of justice himself. Secretary (Raul) Gonzalez has gone out of his method to protect the federal government by flatly rejecting legitimate grievances about the i can not qualify of the authorities to prevent extrajudicial killings, introduce to them together “black propaganda.” the has adopted the language the the military and also insinuated the unseen pressures have taken advantage of the situation as “one way to destabilize the government” by way of developing lawlessness within the country, thereby putting the federal government into shame in the worldwide community: together if the government was not sufficiently adept at developing lawlessness and also putting itself to shame. that Secretary Gonzalez feels for sure in making open up presumptions around the guilt or innocence of people lodging criminal complaints and also indicating the the degree of assistance given by his department relies upon what conclusions are drawn by its officers regarding the merits that the complainant rather than the complain speaks volumes around the rot at all levels that the criminal justice device of the Philippines. Labeling “enemies” Under section 14(2) the the structure of the Philippines “the accused shall be presumed innocent till the contradictory is proved.” In exercise the windy labeling that accused persons or victims together “communist fronts,” “destabilizers,” “enemies the the state,” or “terrorists” negates this presumption and permits officials to execute away v due process. The twin standards in implementation of laws are most apparent in cases where together labels are applied. The usage of labels also exposes victims, their families and colleagues to the opportunity of further violence, and also denies them any type of hope that protection. When a human being or organization has actually been labeled “leftist” or “enemy” then there is no opportunity of safety. Every little thing they may or may not have done, they are in a special group of persons and also groups guilty through suspicion, for that the plain laws and also procedures, come the limited extent they run for anyone else, room suspended. JUDGE should be impartial and complimentary from influence, choose a Lady justice (na may piring at might hawak- hawak na timbangan). For instance, we have actually hoodlums in robes… that based your decisions no on facts and also evidence presented throughout the trial however on some various other considerations such as, camaraderie v the litigants, brother or sister in the law fraternity/sorority, compare, or thru “pakikisama”…. Or the worst is when the decision is rendered in favor of the greatest bidder… Maybe, chairman GMA was correct in saying the “these 5 pillars that criminal justice device to end up being effective as crime deterrent, the same have to be strengthen, and also be handle properly”, ….. Otherwise, we will certainly all go to the dogs! ……or far better still, in the quest for justice, the victims will resort come the law of the jungle in order to acquire the justice they deserve, (or the regulation of survival of the fittest, follow to german thinker friedrich nitzche, that “only the solid must survive, the weaklings must be eliminated”)