Introduction to Philippine Criminal Justice System

Module 6

Community Pillar

5th Pillar of the PCJS

Community

The community refers persons, homes, family, government, schools, churches,

etc. in charged with molding another and reintegrating offenders.

The Community Pillar of the PCJS

Community – represent the entire people cohesively organized and mobilized in

synchronized energy with the government to help in the decision making and
participatory criminal justice administration involvement to effectively address the law
and order concern of the society and its people.

Role of the Community in the Criminal Justice System.

The community is understood to mean as “ elements that are mobilized and

energized to help authorities in effectively addressing the law and order concern of the
citizenry.”

Its main functions in the community are three-fold.

Participation in the police disciplinary mechanism through the People’s Law

Enforcement Board (PLEB);
Participation in the settlement of dispute through the Katarungang Pambarangay or “
Lupons”
Participation in law enforcement and policing through police-community partnership
in crime prevention, investigation and deterrence.

People’s Law Enforcement Board

It is a disciplinary machinery of the Philippine National Police (PNP).

Composition of the PLEB:

As amended in Section 43 of RA No. 6975 amended by RA 8551, the PLEB shall be

composed of the following:

One (1) Sangguniang Panglungsod/Bayan representative;

One (1) representative from the Association of Barangay Captains of the city of
municipality;
Three (3) individuals from the community known for their probity and integrity:
 o one must be a woman;
o member of the BAR, or, in the absence thereof,
o college graduate, or
o principal of the central elementary school

The Chairman of the PLEB shall be selected from its members.

Primary Function of the PLEB:

Hear and decide administrative cases filed by the citizens against erring PNP
personnel.

Creation of PLEB

R.A 6975 created the PLEB to hear and decide citizens’ complaints and case
against an erring officer and members of the PNP. This is so, in order to check abusive
and misfits in the organization who destroy whatever trust has been gained by the
police from the community.

Offenses within the Jurisdication of the PLEB

(Rule 21, Section 1, NAPOLCOM Memorandum Circular No. 2017-154)

1. Neglect of Duty
2. Irregularities in the Performance of Duty
3. Misconduct
4. Dishonesty
5. Conduct Unbecoming of a Police Officer
6. Incompetence
7. Oppression
8. Disloyalty to the Government

Penalties that may be imposed to Erring Policemen:

(Rule 21, Section 1, NAPOLCOM Memorandum Circular No. 2017-154)

1. Reprimand
2. Withholding of privileges
3. Restriction of specified limits
4. Restrictive custody
5. Forfeiture of salary
6. Suspension
7. Any combination of above mentioned penalties
8. One (1) rank demotion
9. Dismissal from the service

Filing a Case Against and Erring Police Officer

 Any person can file a case or complaint against an erring police officer at the
PLEB Office located within the Local Government Unit (LGU) where the alleged abuses
were committed.

The complaint shall contain the following:

Full name, address and contact information of the complainant;

Full name, rank and station or assignment of the respondent/s; and
A narration of the Material facts (the place, date and time of commission of the
offense).

The complaint shall be supported with the following:

Affidavits of witnesses (if any);

Certificate of non-forum shopping; and
All other documentary evidence.

Katarungang Pambarangay Law Barangay Justice System

R.A. 7160

The Local Government Code of the Philippines. Sections 399 – 422 it deals with
Katarungang Pambarangay.

PD 1508

PD 1508 was enacted and it provided a procedure on amicably settling disputes

in the barangay level.

Barangay

The barangay, as the basic political unit. Serves as the primary planning and
implementing unit of government policies, plans, programs, projects, and activities in the
community, and forum wherein the collective views of the people may be expressed,
crystallized and considered, and where disputes may be amicably settled.

Officials and Offices:

Punong Barangay;
Seven (7) Sangguniang Barangay Members;
Sangguniang Kabataan Chairman;
Barangay Secretary;
Barangay Treasurer; and
 Lupong Tagapamayapa.

Katarungang Pambarangay
 Barangay Justice System is a community-based dispute settlement mechanism
that is administered by the basic political unit of the country, the barangay. As a
community based mechanism for dispute resolution. It covers disputes between
members of the same community and involves the Punong Barangay and other
members of the communities (the Lupon members) as intermediaries (mediators,
conciliators, and, sometimes, arbitrators).

Objectives of Katarungang Pambarangay:

To promote speedy administration of justice.

To perpetuate the time-honored tradition of setting disputes amicably for the
maintenance of peace and order.
To implement the constitutional mandate, preserve and develop Filipino Culture.
To relieve the courts of docket congestion and thereby enhance the quality of justice
dispense by them.

Terminologies

Amicable Settlement is an agreement reached during mediation and conciliation

proceedings. All amicable settlement shall be in writing.

Complainant – the person who filed the complaint against the respondent

Respondent – the person who is being complained of

Cause of Action – an act or omission of one party in violation of the legal rights of
another.

Mediation or Conciliation – the process whereby disputants are persuaded by the

Punong Barangay or Pangkat to amicably settle their disputes

Lupon Tagapamayapa

It is a body of men created to settle disputes within the barangay level. It is also
referred to as the

Lupon

The Lupon shall be composed of the Barangay Chairman as Chairman of the

Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other members
who shall be not less than ten (10) but not more than twenty (20).

Qualification of the Lupon

 Any resident of the barangay of reputable character may be appointed as
member of the Lupon.
Members of the Lupon shall be appointed by the Barangay Chairman. The Lupon shall
be constituted every three years.

Pangkat Tagapagkasundo

It shall act as the conciliation panel. It is also referred to as the PANGKAT. It

shall be composed of three (3) members chosen from the members of the Lupon. They
shall choose from among the three of them the Pangkat Chairman and Pangkat
Secretary. The Pangkat shall be constituted whenever a dispute is brought before the
Lupon. The members of the Pangkat shall be chosen by the parties of the dispute from
among the Lupon members. In case of disagreement, the Barangay Chairman shall
draw lots.

Initiate Proceedings of Complaint

Any individual who has a cause of action against another individual involving any
matter within the authority of the Lupon may complain, orally or in writing, to the Lupon

Procedure Upon Receipt of the Complaint

The Chairman shall meet with the respondent and complainant and mediate. If
he fails in his mediation within fifteen (15) days, he shall set a date for the constitution of
the Pangkat. The Pangkat shall meet not later than three (3) days after their
constitution, on the date set by the Chairman, to hear both parties.

The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days
from its meeting.

This period may be extended for another fifteen (15) days, at the discretion of the
Pangkat.

Reason for the Parties to Amicably Settle

Because it is a pre-condition to filing of complaint in court. No complaint involving

any matter within the authority of the Lupon shall be filed directly in court unless there
has been a confrontation between the parties before the Chairman or the Pangkat, and
that no conciliation or settlement has been reached as certified by the Secretary, or
unless the settlement has been repudiated by the parties.

Take Note:

By the express provision of law, parties must not be assisted by counsel in

pambarangay proceedings. Minors and incompetents are assisted by next-of-kin who
are not lawyers.
Community Policing

Refers to a police –community partnership and proactive, problem solving

approach to the police functions.

The Responsibilities of the Community in relation to Law Enforcement

As one of the pillars or component of the Criminal Justice system, the community
with its massive membership has vital responsibilities in law enforcement.

The citizens can achieve these roles:

a. identifying offenders;
b. giving data about the illegal activities and cohorts of the criminals, and the
proliferation of organized crimes and syndicates;
c. volunteering as witnesses;
d. adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the
police but is equally the concern of every citizen in order to have a peaceful place to live
in.

Examples of Community participation in the Administration of Criminal Justice in

our setting

The growing interest in the rights and welfare of the victim as shown by the
government with the cooperation of community leaders. Accordingly, R.A. No. 6981,
otherwise known as the “Witness protection and Security Act” was passed and
approved on April 24, 1991. This is to encourage the citizenry to participate in the
Criminal Justice System by helping the government and The community in dealing with
crime and criminals.
 
The Creation of Police-Community Relations

R.A. 6975, created this unit in order to implement plans and programs that will
promote community and citizens’ participation in the maintenance of peace and order
and public safety. It was created to establish harmonious relationship between the
police and the citizen. The community involvement in the criminal justice system is
necessary to show its problems and encourage action for the solution thereof. It is clear
that the police and the citizens need each other to combat and eradicate criminality.

Achievement or Police-Community Relations

This can be done through:

 Constant dialogues between seminars to acquaint the barangay tanods and the
police aides of their duties and responsibilities in the performance of their functions in
the community. The police must follow the rule of law on dealing with the citizens by
performing their duties in a humble and efficient manner and by showing the public
goodwill.

Two Fold of the Community In the CJS

Civic duty and responsibility to participate in law enforcement activities by being

partners of the police officers in reporting the crime incident, and helping in the arrest of
the offender.

Civic duty and responsibility to participate in the promotion of peace and order
through crime prevention and in the rehabilitation of convicts for their eventual
reintegration to society.

Community Based Crime Prevention Program:

Reinforcing the home and family life;

Educational improvement;
Health Improvement;
Involvement of religion;
Involvement of mass media;
Involvement of other community group services
Citizen’s involvement as a whole; and
Coordination of community crime prevention activities

Factor Hampering the Community Involvement in the CJS:

Ignorance or lack of information on the part of the public;

Lack of effective networking and coordination between the community and other pillars
of the criminal justice system and between various community
agencies/organizations;
Lack of strong and dynamic leadership;
Public apathy and indifference; and
Financial constraints

Reason Community Members should be Concerned in CJS.

The members of the community should be concerned about the CJS because it
affects life, liberty, properties, work or activities and threatens the cohesion and
relationship in the community.

It should now be evident that the Philippine Criminal Justice System is not just
the agencies charged with law enforcement; not just the prosecution arm of the
government; nor just the courts; nor just the correctional system, nor just the
community. The Criminal Justice System is all of these "pillars" considered collectively.

So also, it should now be obvious that, for an effective Criminal Justice System to
work speedily, it is essential for all these five (5) pillars to work with dispatch and in full
coordination with each other. Any perceived failure of the CJS in a particular given case
due to some deficiency in one pillar cannot be blamed upon any of the other pillars.

References:

Constitution of the Philippines

Rules of Court
R.A. 6975
R A. 8551
R.A. 9344
Gabao (2017)
Review notes of Lani Tang Palmones
Review notes of Kier Gabriel Tampos
Review notes of Theodore M. Timpac, TJS
Review Center