Baseline

Improving Governance to Reduce Poverty.
Access to
Justice for the Poor. PHI/AIDCO/2003/4980
A project funded by the European Commission and the Government

of the Philippines
BASELINE STUDY
REPORT
November 2007
Project Title: Improving Governance to Reduce Poverty: Access to Justice for the Poor
Project Number: PHI/AIDCO/2003/4980
Beneficiary Country: The Philippines
Report: Baseline Study – November 2007
For the Commission: For the Department of Social Welfare and

Development:
Eva Pastrana Gutierrez Alicia Bala

Programme Officer Project Director
EC Delegation to Manila Batasan Pambansa Complex,
30/F Tower II, RCBC Plaza Constitution Hills
6819 Ayala Avenue, 1200 Makati City Quezon City, The Philippines
Tel: 632 859 5141 Tel: 632 931 8101 to 07
Fax: 632 859 5109 ajpp.dswd@gmail.com
eva.pastrana-gutierrez@ec.europa.eu
____________________ ___________________
Date and signature Date and signature
For the Contractors:
Elena Llopis Vicenta Alinsug

Program Coordinator President
Altair CPRM Consultants, Inc.
Zurbano 94, Madrid, Spain Suite 1806 Jolibee Plaza, Emerald Avenue
Tel.: 34 91 395 27 88 Ortigas Center, Pasig City, 1605 The Philipines
Fax: 34 91 399 16 29 Tel: 632 635 7779
s.prada@altairasesores.es Fax: 632 633 0212
cprm@skyinet.net
____________________ ___________________
Date and signature Date and signature
2
1. PROJECT SYNOPSIS........................................................................................................................................7
2. INTRODUCTION .............................................................................................................................................12
2.1. PROJECT TERMS OF REFERENCE ............................................................................................................12
2.1.1. Relevant country background.............................................................................................................12
2.1.2. Current state of affairs in the relevant sectors..................................................................................13
2.1.3. Problems to be addressed ....................................................................................................................13
2.2. ACTION PROGRAM FOR JUDICIAL R EFORM 2001-2006 (AJPR) .........................................................16
2.3. PURPOSE OF THE BASELINE STUDY ........................................................................................................16
3. INFORMATION, EDUCATION AND COMMUNICATION SYSTEM OF THE JUDICIARY .......17
3.1. FINDINGS, ISSUES IDENTIFIED AND PROBLEMS TO BE ADDRESSED ......................................................17
3.1.1. The role of IEC in the Judiciary ........................................................................................................17
3.1.2. IEC organizational structure..............................................................................................................18
3.1.3. Decentralizing the Court’s organizational structure .......................................................................22
3.1.4. Designation of municipal clerks of courts as Municipal Court Information Officers (MCIOs) 23
3.1.5. Training needs of MCIOs ...................................................................................................................23
3.2. INDICATORS OF ACHIEVEMENT ...............................................................................................................25
4. TRAINING OF JUDGES AND COURT PERSONNEL, PROSECUTORS AND PUBLIC
ATTORNEYS...............................................................................................................................................................27
4.1. FINDINGS, ISSUES AND PROBLEMS TO BE ADDRESSED ...........................................................................27
4.1.1. Context overview ..................................................................................................................................27
4.1.2. Court jurisdictional structure .............................................................................................................27
4.1.3. The 5 pillars of criminal justice.........................................................................................................28
4.1.4. Judicial Education ...............................................................................................................................29
4.1.5. Survey of gender-related attitudes, beliefs and behaviors of selected family court judges,
prosecutors and social workers conducted in 2005 by Feliciano and Sobritchea et alii.............................29
5. COMMUNITY DEVELOPMENT: STRENGTHENING THE BARANGAY JUSTICE SYSTEM...34
5.1.1. The Barangay Justice System: main features and stakeholders involved .....................................34
5.1.2. The Action Program for Judicial Review and the Barangay Justice System ................................35
5.1.3. Review of Related Literature ..............................................................................................................36
5.1.4. Institutional Assessment of the Barangay Justice System conducted under this project between
March and April 2007 ........................................................................................................................................38
5.1.5. Training Needs Analysis of lupon members conducted under this project in 2007 .....................38
5.1.6. Issues, problems and barriers to participation..................................................................................40
6. EMPOWERMENT OF POOR AND VULNERABLE GROUPS, ESPECIALLY WOMEN AND
CHILDREN ..................................................................................................................................................................43
6.1.1. Poverty in the Philippines ...................................................................................................................44
6.1.2. The situation of women .......................................................................................................................46
6.1.3. The situation of children .....................................................................................................................47
6.1.4. The situation of indigenous people ....................................................................................................51
6.2. INDICATORS OF ACHIEVEMENTS .............................................................................................................52
7. TRAINING OF POLICE OFFICERS ...........................................................................................................54
7.1.1. Police organization ..............................................................................................................................54
7.1.2. Community Policing ............................................................................................................................55
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7.1.3. Education and training .......................................................................................................................56
7.1.4. Strengths and weaknesses ………………………………………………………………………............. 57
7.1.5. Training Needs Analysis ..............................................................................................................……59
8. LEGAL REFORM ............................................................................................................................................64
8.1.1. Context overview..................................................................................................................................64
8.1.2. Review of literature relating to women and children.......................................................................65
8.1.3. List of specific laws and implementing measures to be reviewed ...................................................70
9. ANNEXES ..........................................................................................................................................................72
9.1. ANNEX 1 – LOGICAL FRAMEWORK WITH REVISED INDICATORS OF ACHIEVEMENT ........................73
4
Prepared by:
Felipe Ureta Redshaw, Team Leader

Carolyn Sobritchea, Project Manager
Florangel Rosario Braid, Local Information, Education and Communication Expert
Gary Coldevin, International Information, Education and Communication Expert
Peter Kolfertz, International Judiciary Expert
Rachel Aquino, Local Justice Expert
Wendy Lee, International Community Development Expert
Angela Ison, Local Community Development Expert
Ian Woodward, International Police Expert
Carlos Medina, Local Judiciary and Police Expert
Myrna Feliciano, Local Legal Reform Expert
DISCLAIMER
This report was prepared with the financial support of the European Commission and the
Government of the Philippines. The opinions expressed are those of the authors and not necessarily
those of the European Commission or the Government of the Philippines.
5
“Networking with the two other branches of government is necessary since the
ultimate objective of judicial reform – the improvement of the administration of
justice – is a paramount concern that transcends all three branches of government.”
Action Program for Judicial Reform (2001-2006), par. 5.13, p. 95
“Building linkages and understanding between civil society and government is vital
to improving the administration of and access to justice. Civil society can be an
independent third force alongside industry and government in actively helping
create an impartial system of administration of justice. It can take the initiative of
organizing actions against crime and lawlessness and be an effective watchdog
against abuses and unethical practices by some members of the Bench, Bar and
even law enforcement agencies.
The community’s role in this relationship is to help the government ensure that the
laws are complied with and enforced at the grassroots level. The community can
serve as the eyes and ears of the State by monitoring unlawful activity and
providing information necessary for successful law enforcement.”
Action Program for Judicial Reform (2001-2006), par. 5.15 and 5.16, p. 95
“Communities and NGOs play an active role in judicial reform initiatives. The
basic sectors can be powerful allies of the Judiciary in lobbying for reforms and
additional resources. They have often filled the gaps left by the government by
providing legal aid, promoting public awareness of the legal system, and
conducting policy research in aid of legislative proposals and reforms. Their
experience, expertise and number make them effective partners in reform advocacy,
implementation and monitoring.”
Action Program for Judicial Reform (2001-2006), par. 5.17, p. 96
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1. PROJECT SYNOPSIS
Project goal
• To increase the access to Justice by the poor and vulnerable groups.
Project purposes
• To enhance the ability of the poor and vulnerable groups (poor women and children in particular) to
pursue justice through their increased knowledge about their basic rights and the Justice System.
• To strengthen the Justice System to make it more accessible to poor and vulnerable groups.
Results and activities
Component 1 – Institutionalization of the decentralized information function of the Judiciary and

training of municipal judges and court personnel
Result 1 – The decentralized Information, Education and Communication (IEC) system within the Judiciary
with special focus on the poor and vulnerable groups (women and children) is implemented and
strengthened.
Activities
1.1. Implementing and strengthening the decentralized IEC system of the Judiciary
1.2. Designating Municipal Court Information Officers (MCIOs) in First Level Courts
1.3. Conducting Training Needs Analysis on IEC skills for designated MCIOs
1.4. Conducting training program on IEC skills for designated MCIOs
1.5. Supreme Court produces gender-sensitive, child friendly and rights-based IEC materials
1.6. MCIOs disseminate IEC materials
Result 2 – Municipal court judges and court personnel in the project target areas are familiar with the
Barangay Justice System (BJS) and the laws directly affecting the rights of the poor, especially women and
children, and are performing their functions accordingly.
Activities
2.1. Conducting Training Needs Analysis (TNA) to determine the design of a Sensitization Workshop
on the BJS and the laws directly affecting the rights of the poor, especially women and children,
for Judges and lower court personnel of selected project areas
2.2. Conducting the Workshops for Judges and court personnel of Project Areas
2.3. Adopting the Workshops as integrated elements in the continuing education of the Judiciary
Component 2 – Community development and empowerment of poor and vulnerable groups,

especially women and children
Result 3 – The Barangay Justice System in selected barangays is strengthened in accordance with the
revised Katarungang Pambarangay Law.
Activities
3.1. Selecting approximately 10 Barangays in each Project Area
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3.2. Conducting an Institutional Assessment of the BJS and preparing recommendations to strengthen
it, including amendments to the KP law (where necessary) and the related implementation
procedures
3.3. Conducting Training Needs Analysis (TNA) on the design of a Katarungang Pambarangay Law
Workshop for MLGOOs and Lupon members (including stocktaking of existing relevant training
materials)
3.4. Designing a Trainer’s Manual for MLGOOs
3.5. Developing training materials for workshops for Lupon members in the major local vernacular
3.6. Conducting a workshop on the Katarungang Pambarangay Law and other laws relevant to women
and children for MLGOOs and Lupon members (including mediation and conflict resolution skills)
to strengthen the BJS and to make it more gender sensitive and child friendly
3.7. Lupons in project areas formulate Action Plan (to be adopted by the Barangay Council) on how to
strengthen the BJS and to handle cases involving the poor and vulnerable groups (especially
women and children) under the BJS
Result 4 – Legal Information Desks established in targeted barangays to function in coordination with the
Municipal Court Information Officers (MCIOs).
Activities
4.1. Selecting approximately 2 barangays adjacent to those of 3.1
4.2. Legal Information Desks (LIDs) established at respective Barangay Halls as part of the method to
reach the poor and the vulnerable in the barangay
4.3. Providing linkages between the Judiciary’s Information Officers and the Barangay Legal
Information Desks
4.4. Establishing a network of LID officers and law professionals at the municipal and provincial level
to support and train inhabitants within the project areas
4.5. Disseminating information materials on the KP Law and related implementation procedures,
including cases involving the poor and vulnerable groups
Result 5 – Poor and vulnerable groups (especially women and children) in the barangays know their rights
and are aware of the legal procedures, and have an increased access to justice.
Activities
5.1. Conducting Training Needs Assessment for gender awareness and ability to pursue basic rights
among the poor women in the barangays in points 3.1 and 4.1
5.2. Designing a training program for barangay women and children’s advocates based on 5.1
assessment and using existing materials where possible
5.3. Training women in the target project areas on gender awareness, their basic rights under the law,
KP implications for women, and child rights
5.4. Inventorying existing information materials on rights of women and children and designing an
information package in the local vernacular
5.5. Training women and children’s advocates in the use and dissemination of the Information
Materials on the rights of women and children
5.6. Setting-up a coordination system between women and children’s advocates and the project’s LID
officers to disseminate information about gender and child rights
5.7. Day care workers, health workers, and women leaders to arrange meetings for parents and other
target groups on the rights of the child and women’s rights in coordination with the LID officers
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Component 3 – Institutional development of law enforcement and Department of Justice personnel
Result 6 – Police officers in target areas are familiar with human rights issues, the BJS and related
implementation procedures, are gender sensitive and are conducting their assignment accordingly.
Activities
6.1. Identifying and designing the modules on human rights, the BJS and related implementation
procedures, gender sensitivity, rights of women and children as required modules to train the police
officers in the municipalities of the project areas
6.2. Training of approximately 25% of police officers – representing all ranks – in active service in the
project areas with those modules
6.3. The police and the municipality develop an action plan to increase access to justice by the poor
based on the training received
Result 7 – Curricula of Police Training Institutions include adequate modules on human rights, the BJS and
related implementation procedures, the rights of children, gender issues and the economic and social
conditions of the poor.
Activities
7.1. Assessing the Curricula of Police Training Institutions
7.2. Adopting adequate changes in present Curricula
7.3. Training of Police Institutions’ instructors in the revised curricula
Result 8 – DOJ personnel in the project target areas are familiar with the BJS and the laws directly affecting
the rights of the poor, especially women and children, and are performing their functions accordingly.
Activities
8.1. The Department of Justice develops Training Workshops to sensitize the DOJ personnel on the BJS
and the laws directly affecting the rights of the poor, especially women and children
8.2. Conducting Training Workshops developed under 8.1 for DOJ personnel and selected members of
the Project’s Target Areas
8.3. Adopting the Training Workshops as integrated elements in continuing education of DOJ personnel
Component 4 – Legal reform
Result 9 – Existing laws and related implementation measures on women and children reviewed and
advocacy to amend them conducted to make them in accordance with basic rights and international
conventions signed by the Republic of the Philippines.
Activities
9.1. Reviewing existing laws (and implementation measures) directly relevant to the poor, and
especially women and children, by qualified ALG to check whether they are in compliance with
human rights and international human rights conventions signed by the Republic of the Philippines.
(This will include the identification of amendments to the laws necessary to make them compliant
with those human rights and international conventions).
9.2. Advocating possible amendments in the laws, including those mentioned in 9.1 and the KP law
(where necessary), by ALGs in relevant fora including workshops meant to sensitize local and
national government officials and members of Congress on the conditions of the poor and in
particular of poor women and children
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Executing Agency
Department of Social Welfare and Development (DSWD)
Partner Agencies
• Supreme Court (SC)
• Department of Justice (DOJ)
• Department of Interior and Local Government –Local Government Academy (DILG-LGA)
• Department of Interior and Local Government –Philippine Public Safety College (DILG-PPSC)
• Alternative Law Groups (ALG).
Target groups:
For component 1
• Information officers and judges of 36 Municipal courts (36 Municipal Court Information Officers
and approximately 432 judges and court personnel)
For component 2
• 1080 Lupon members (including the Legal Information Officers in the Barangays)
• 5400 women (including 1080 day care workers).
For component 3
• The active police officers at the municipal level (up to 335 police officers)
• Personnel of the Department of Justice at the municipal levels (up to 130 persons, including
prosecutors and public attorneys).
For component 4
• The main target groups for this component are the ALG members, the members of Congress and of
its working Committees, and local and national government officials.
Target areas
36 municipalities in 5 provinces: Oriental Mindoro, Camarines Sur, Capiz, Sultan Kudarat and Lanao del
Norte
Implementing Team (main responsible officers)
• Project Director: Alicia R. Bala, Undersecretary for Policy and Programs, DSWD
• Project Coordinator: Finardo G. Cabilao, Director of Social Technology Bureau, DSWD
• Head of DSWD’s Project Training Team: Ma. Suzette M. Agcaoili, Director SWIDB
• Head of TWG of SC: Jose P. Perez, Deputy Court Administrator, Court Administrator Office
• Head of TWG of DOJ: Ruben Fondevilla
• Head of TWG of DILG-LGA: Angelina T. Layugan, Project Officer
• Head of TWG of DILG-PPSC: Mina R. Importante – AJPP Project Director –DILG PPSC
• Head of TWG of ALG: Lyca Sarenas, National Coordinator, Alternative Law Groups
Technical Assistance Team
• Team Leader: Felipe Ureta
• Project Manager: Carolyn Sobritchea
• Local Information, Education and Communication Expert: Florangel Rosario Braid
• International Information, Education and Communication Expert: Gary Coldevin
• International Judiciary Expert: Peter Kolfertz
• Local Justice Expert: Rachel Aquino
• International Community Development Expert: Wendy Lee
• Local Community Development Expert: Angela Ison
• International Police Expert: Ian Woodward
• Local Judiciary and Police Expert: Carlos Medina
• Local Legal Reform Expert: Myrna Feliciano
Project Budget: 2,442,802 Euros
• EC contribution: 1,855,087 € (76%)
• GoP contribution: 587,715 € (24%)
Project duration
Project Starting Date: 24 January 2005 (Arrival of the first Team Leader)
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Project End Date: 10 August 2008
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2. INTRODUCTION
2.1. Project Terms of Reference
2.1.1. Relevant country background
The Philippines is a lower middle income country and a medium human development nation
(Human Development Index (HDI) Rank 83 - Report 2004), with a fast growing population (2.1%)
of about 85 million and the least equal income distribution in Asia (roughly 24 out of 80 million
Filipinos live with less than one dollar per day)1. In the past 30 years, the Philippines has an average
3.1% annual GDP growth, but considering the fast population growth, it means almost no
improvement per capita.
The definition of poverty stipulated under Republic Act 8425, the Social Reform and Poverty
Alleviation Act, refers to the poor as those families and individuals whose income fall below the
poverty threshold and who cannot afford in a sustained manner to provide for their minimum basic
needs. Poverty remains a predominantly rural problem. Based on the Family Income and
Expenditures Official Survey for 2000, poverty incidence increased from 31.8% in 1997 to 34.2%
in 2000. About half of the Philippine population lives in the rural areas, while agricultural land is
owned by scarcely 20% of the population.
Republic Act 8425 also identifies twelve basic sectors particularly affected by poverty, namely
farmers and landless rural workers, artisanal fisherfolk, formal labor and migrant workers, workers
in informal sectors, the urban poor, indigenous populations, victims of disasters and calamities,
women, children, youth and students, persons with disabilities, and senior citizens. Their major
problems consist of low wages, lack of education, insufficient housing facilities and health systems,
inadequate institutional alternatives that will ensure security from poverty, and lack of measures
and laws that will protect them from abuse or corruption on public resources programmed to
address their needs. The vulnerability of these basic sectors subjects them to various forms of
injustice.
The Philippines is relatively better-off in public education than many other Asian countries because
of the size of enrolment and its accessibility to all strata of the population. Nevertheless, the quality
of basic education remains of general concern and it may become an increasing problem.
It is estimated that between 7 and 8 million Filipinos work overseas (vs. about 50 million people of
working age), contributing about US$7 billion annually (World Bank 2003). However, the real
amount could be much higher since the use of Informal Money or Value Transfer Systems (IMVT),
without any control, is widespread.
The largest part of the poorest provinces in the Philippines are located in the Mindanao region,
ravaged by intermittent outbursts of violence and security problems (due to religious Christian-
Muslim tension, separatists and communists movements, and pure banditry resulting from poverty)
since the early 1970s. Severe poverty is one of the root causes of the conflict in Mindanao, which
facilitates recruitment of members for the different groups.
1 The richest 20% of the population has incomes about approx. 10 times those of the poorest, compared to approx. 4 times in Indonesia,
an ASEAN country of similar per capita income at purchasing power parity.
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2.1.2. Current state of affairs in the relevant sectors
The Philippines consists of a total of around 7000 islands. They are brought together in 16 regions.
The country has 81 provinces, 118 cities and 1510 municipalities. The Barangay is the lowest
administrative entity in the Philippines, equivalent to a “community”. The number of inhabitants
varies from 500 to 4000. There are around 41,995 Barangays in total, an average of 30 under each
municipality. An elected Barangay Captain is the political and administrative leader of the
Barangay and plays a role in the Barangay Justice system.
English is widely spoken among educated people, but members of the poorer sectors generally have
no command of English. There are six main languages in the Philippines together with over 200
dialects.
The Philippines has several essential components in the administration of Justice, among which two
of them are the Court System and the Barangay Justice System.
Under the Supreme Court, the Court system consists of various types of courts: Court of Appeals,
Regional Trial Courts, Municipal Trial Courts, Shari’a Trial Courts and some specialized courts.
There are a total of 1175 Municipal Courts. The courts generally have insufficient human and
financial resources and face an overload of cases. The quality of infrastructure (buildings) and the
availability and quality of office equipment varies from court to court, municipal courts being worst
off. Within the Supreme Court, the office of the Court Administrator is responsible of supervising
the lower courts.
The Barangay Justice System (BJS) was established in 1978, mainly to help decongest the Court
system. The BJS resorts under the Department of Interior and Local Government (DILG) and,
therefore, does not fall within the authority of the Supreme Court. It is, however, for the poor
sectors of the Philippine society an important way for accessing justice.
The BJS is based on mediation, focused on finding a solution acceptable for both parties. For all
cases within the mandate of the BJS (up to 1 year imprisonment or 5000 pesos fine), the litigant is
obliged to first file her/his case at that level. Only if a solution is not found through the BJS,
permission is received to file the case at the Municipal Court. The BJS is established at 95% of the
42.000 Barangays in the Philippines. The quality of adjudication varies greatly.
2.1.3. Problems to be addressed
A number of problems, rooting in a lack of adequate information, can be found both with the poor
sectors themselves and within the pillars of justice, collectively leading to reduced access to justice
for identified target groups. The poor and vulnerable groups lack knowledge, not only of legal
procedures concerning both the BJS and the Court system - including costs of litigation and free
legal services at their disposition – but also of the law and of their basic rights.
When involved in a BJS procedure or trial in court, be it as victim, accused, or witness, their
insufficient knowledge of legal rights and obligations makes them especially vulnerable to
unprofessional, legally incorrect or corrupt behavior by those working within any of the pillars of
justice (law enforcement, correction, prosecution, the courts).
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Insufficient knowledge about human rights causes human rights violations to occur without being
addressed. Cases of domestic violence in particular, tend either not to be filed by victims in the first
place, or to be dismissed by BJS officials or judges in courts as belonging to the family sphere.
On the other hand, there is an elitist attitude within the judiciary (justices, judges and also other
court personnel), engendering a lack of interest, understanding and appreciation of the problems of
the economically disadvantaged. This regards both the poor’s lack of knowledge as described above
as well as their socio-economic problems, which prevent them from accessing justice. Together
with a high degree of non-transparency of the judiciary, this leads to a mystification of the law,
maintaining a psychological gap between the judiciary and the people, especially the poor.
Furthermore, judges in the Court system, Barangay officials and police officers lack knowledge and
understanding of women’s and children’s problems like domestic violence in particular, tending to
dismiss those cases as belonging to the family sphere rather than treating them as issues of human
rights.
Specific problems to be addressed under each component
Component 1 – Institutionalization of the decentralized information function of the Judiciary

and training of municipal judges and court personnel
Over the last years, various government organizations, non-government organizations, Alternative
Law Groups and the Supreme Court have produced information material and activities to improve
legal literacy among the basic sectors. There is, however, neither overall insight in the type of
activities undertaken, nor in the areas of the country covered by these activities.
In the Court system, the IEC function has only been institutionalized recently, with the
establishment (in 1999), of a Public Information Office (PIO) in the Supreme Court. However, it is
judged that the characteristics of target groups, their information needs and the communication
channels they use are so varied throughout the country that a centralized approach to the problem
cannot be effective. Furthermore, the PIO is currently focusing largely on implementation of IEC
rather than on strategy development.
In order to better serve the poor and meet their information needs more adequately; the Supreme
Court now wants to establish decentralized information units in Municipal Courts nationwide,
which will have their own budget and responsibility for IEC in their area. To this effect, the
Supreme Court has designated Clerks of Court of the Municipal Trial Courts as Information
Officers (MCIOs). Additionally, with this project the DILG and the SC want to establish Legal
Information Desks with a basic referral function at the Barangay level.
At the same time the strategic planning capacity of the Office of the Court Administrator (OCA) at
the Supreme Court needs to be strengthened, and cooperation and feedback mechanisms between
the central (OCA) and decentralized level (Municipal Court Information Office, MCIO) need to be
designed and systemized.
To create the required synergies between the pillars of the Justice System, the staff and judges of
the municipal courts will also be trained in matters pertaining to the BJS, the laws that directly
affect the basic rights of the poor, especially women and children, and gender sensitivity. These can
be as simple as not delaying hearings that have been called, and informing the parties concerned
about the documents they need to take to court, since the poor have limited resources to travel and
risk losing income if, for example, they have to miss work to attend a hearing.
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Component 2 – Community development and empowerment of women and children
This component will address the need for various types of training for officials within the BJS
(training on legal matters, gender awareness, mediation and conflict resolution skills, and others).
Since the BJS is the point from where most cases enter the judiciary, it is important to tackle the
problems existing at this level. The project will conduct an Institutional Assessment of the BJS
together with a Training Needs Assessment as a baseline for designing the training modules.
By establishing a network of trained Legal Information Officers in the Barangays, linking up to the
Municipal Information Officer, a channel for two-way communication is created that can ensure
that the poor and vulnerable groups have access to relevant information and that this information is
developed based on their needs.
Particular emphasis will be put on increasing the awareness of the women and children of their
rights and how they can pursue these within the BJS and beyond. This will be done through the
services offered by the Legal Information Officers in the Barangays and through the existing
daycare workers that are already disseminating information about children’s concerns to the
children as well as to their parents and the wider community.
Component 3 – Institutional development of law enforcement and Department of Justice

personnel
In criminal cases the first encounter with the justice system will be with the law enforcement, in
most cases with the police officers at the municipal level. The police at this level is under the
authority of the local government unit, the municipality. There are several problems at this level,
including the lack of resources and professional equipment of the police as well as the lack of
training in communication. The present training of the police is to a high degree based on the
military tradition, and does not provide for the role of the police as a civil servant and protector of
justice for the communities. There is also an alleged widespread corruption at all levels of the police
force, making filing of cases and investigation a high cost undertaking that poor people cannot
afford.
There is thus a need to update the national curricula of the Philippine National Police Academy and
to train active police officers at the municipal level. The Philippines’ Commission on Human
Rights (CHR) has prepared a set of proposals for mainstreaming human rights in all government
agencies under the GOP-UNDP Governance Portfolio, and this component should be interrelating
to these efforts and supplement it with training in communication, conflict resolution, gender
sensitivity and the protection of children.
To create the required synergies between the pillars of the Justice System, the prosecutors, public
attorneys and other Department of Justice staff of the municipal and higher level courts will also be
trained in matters pertaining to upholding the basic rights, the BJS, gender sensitivity, and the rights
of children in the processes of the court.
The Government of the Philippines has adopted the international conventions of basic human rights
as well as several conventions on the rights of women and children. The government is now
amending national laws as necessary to make them in line with the international conventions. Some
laws, such as the family law and the Shari’a law are particularly prone to discriminate against
women, but also other laws and related implementing measures need to be scrutinized. It is
15
important that the amended laws and the implications of the amendments are communicated
efficiently within the judiciary itself, as well as to the law enforcement and to the Barangay Justice
System. It should also be noted that although the word of the law is not necessarily discriminatory,
it is perceived as such within the context and that advocacy is needed to change the attitude of the
personnel working within the pillars of the judiciary.
2.2. Action Program for Judicial Reform 2001-2006 (APJR)
The Supreme Court of the Philippines is implementing a comprehensive judicial reform financed by
the Government and a series of donors. The Action Program for Judicial Reform, designed for the
period 2001 to 2006, is expected to continue in force until 20102, although no en banc decision has
yet been adopted by the Supreme Court to this effect. The Government has declared its firm
commitment to judicial reform, indicating the Government’s intention to improve the
administration of justice in order to address “the public perception of a slow and elitist dispensation
of justice”.
The APJR 2001-2006 has 6 components: 1) Judicial Systems Development; 2) Institutions

Development; 3) Human Resource Development, 4) Reform Support Systems Development,
5)Institutional Integrity Development: and 6) Access to Justice by the Poor. The reform support
services component focuses on information, education and communication (IEC), elements which
are vital for improving access to the justice system. It also highlights the importance of networking
and collaboration with other branches of government, civil society and the business sector, which
complements IEC by establishing partnerships and undertaking cooperative efforts toward reform
advocacy 3.
The APJR recognizes that especially the poor sectors of the Philippine society are confronted with
multiple barriers preventing them from accessing quality Judicial services:
• delays in judicial proceeding;

• erroneous decisions rendered by lower courts;
• prohibitive costs of litigation;
• inadequacy or lack of information about the judicial system.
2.3. Purpose of the Baseline Study
The purpose of the Baseline Study is to describe the existing conditions in the field of intervention
of the project and to provide a starting point against which progress can be assessed or comparisons
made.
The Baseline Study incorporates the results of the institutional assessments, training needs
assessments and other research conducted under the 4 components of the project between
November 2006 and November 2007.
2
Information provided by the Project Management Office of the Supreme Court.
3
APJR, p. 93.
16
3. INFORMATION, EDUCATION AND COMMUNICATION SYSTEM OF THE
JUDICIARY
3.1. Findings, issues identified and problems to be addressed
3.1.1. The role of IEC in the Judiciary
The APJR cites “the need to improve public information and collaboration with civil society” as
one of the seven major issues that the reform program must address. It points out, “An effective and
efficient system of public information, education and communication (IEC) is a key component of a
well functioning justice system. It is beneficial to the Judiciary and the public, for it is a critical
resource for organizational improvement and a significant factor in facilitating people
empowerment. Educating the general public about the administration of justice enables them to
demand accountability and performance from the Judiciary” (APJR, 2001, p. 94).
The APJR further notes that educating the public on their rights and judicial process enhances the
protection of the rights of the basic sectors and encourages their involvement and participation in
the judicial process (APJR, 2001, p. 94). It recognizes that access to the Judiciary, particularly by
the marginalized sectors, can be facilitated by providing them the needed information on the
judicial process and system (or how the court system works).
Information, education and communication (IEC) is a critical input in mobilizing support and
participation for judicial reforms from the Court’s internal and external publics. Awareness and
understanding of these reform initiatives by the public can help strengthen public trust and
confidence in the Judiciary
As part of ongoing judicial reform, several court innovations have been introduced– Speedy Trial,
Special Courts, Family Courts, Alternative Dispute Resolution (ADR), Case Flow Management
System (CFMS), Court Administration Management Information System (CAMIS), E-Library,
Justice on Wheels (mobile courts), among others. For the internal publics, awareness and
knowledge of these innovations will generate acceptance, support, and participation. For the
external publics, these innovations will help build an image of innovativeness and dynamism for the
Judiciary. This also means sensitivity of the Court to common complaints aired against the court
system such as slow pace, high cost of litigation, and corruption, among others.
The public image of the Judiciary affects its effectiveness in dispensing justice. A negative image
will lead to lack of trust and confidence in the judicial system. Worse, aggrieved individuals,
especially the poor, may even take the law into their own hands. Public distrust and cynicism also
erode the morale and self-esteem of court officials.
The Court must engage in various IEC programs not only to enhance its public image but more
importantly: (1) to promote understanding and appreciation of the role of the Judiciary in the
promotion of justice as a component of sustainable human development; (2) to inform and educate
the public on how the judicial system works; and (3) to educate the public on their rights, duties and
obligations as responsible citizens.
Ensuring open communication among government agencies involved in delivering justice is another
aspect of a viable IEC program. The Judiciary and the Department of Justice discuss procedures to
facilitate the delivery of justice. Some judicial reforms require legislative enactments and the
Office of the President and Congress must provide additional budgetary support to the Judiciary.
Traditionally, the Court has been reluctant to open communication lines to protect its independence
17
and to avoid possible public suspicion that a close relationship may bias the judgment of the Court
in cases involving the other branches of government.
Establishing and sustaining good relations with mass media (both national and local) is part of a
comprehensive IEC program. It can ensure adequate, objective and balanced coverage of the
Judiciary. Both a proactive and reactive media relations is envisioned because, as the Sereno study
(1998) concluded, negative public perception of the Judiciary is largely influenced by media
coverage. This was validated in the AIJC study published in 2000 (Florangel Rosario-Braid and
Ramon R. Tuazon, Enhancing Communication between the Judiciary and the Citizenry, Manila:
Supreme Court Printing Press, p.43-44).
Media is used not only to publicize accomplishments but also to: (1) inform the public of ongoing
judicial reforms, current innovations; and latest judicial doctrines and decisions; (2) provide the
government with a check-and-balance mechanism; (3) mobilize community action in support of
policies and programs of the Judiciary; and (4) provide continuing (informal) education for legal
practitioners and judges.
The study, Enhancing Access of the Basic Sectors to the Judiciary (Buendia, 1999), emphasizes the
need for continuing dialogue between the Bench, the Bar and the basic sectors. There is recognition
that the social context of many legal issues involving the basic sectors can be best understood and
appreciated through open communication. One main communication objective is to help basic
sectors gain access to the justice system, as they are perceived as most vulnerable to rights
violations. Ignorance, poverty, illiteracy and cultural bias have become stumbling blocks in their
efforts to seek justice and assert their rights.
The same study identifies the inadequacy or lack of information about the judicial system as among
the major factors that hinder access to quality judicial services by the basic sectors. According to
the report, government agencies and NGOs failed to provide information and improve the basic
sectors’ level of understanding of their rights and the intricacies of the court system.
Aside from the basic sectors, the Judiciary must maintain open communication lines with business
and industry, academe and various professional sectors.
Another area where IEC plays an important role is coordination and collaboration with the donor
community. This sector provides the needed resources that the national government, due to
budgetary constraints, cannot provide. Towards this end, the SC Program Management Office
regularly conducts Donors’ Fora to facilitate discussions on the status of the APJR implementation
and to identify areas where the donor community could provide further assistance.
3.1.2. IEC organizational structure
A. SC Offices and Other Units Involved in IEC Work
There are at least three SC offices or units with primary mandates directly involving IEC work.
These are the Public Information Office (PIO), Office of the Reporter, and the Management
Information Systems Office (MISO). Other offices also perform IEC-related activities such as the
Program Management Office (PMO) and Philippine Judicial Academy (PHILJA).
18
1. Public Information Office
The Public Information Office (PIO) is the information and communication arm of the Supreme
Court. Its role is crucial to the Court’s work considering that the Court’s activities and deliberations
are, by the inherent nature of its functions, not open to the general public and its members and
officials articulate their opinions only through resolutions and decisions.
The PIO’s primary task is to disseminate, as promptly and as widely as possible, news about the
Supreme Court and its decisions and provide the public with judicial information that is easy to
understand. Its major activities include the following: 1. media relations, 2. visual communications
and publications, 3. community relations and client education, 4. electronic media development,
5.events organizing and management, and 6. media scanning. It is also involved in legal and policy
review on matters relevant to the Judiciary’s relations with its various publics.
The Committee on Public Information (CPI) exercises oversight authority over the PIO, which is
directly under the Office of the Chief Justice.
The PIO organizational structure is composed of four divisions: 1. External Group, with the
sections of Media Group (Print, Radio, and TV) and Direct Information/Protocol Group; 2. Internal
Group; 3. Special Projects; and 4. Support Group, with the sections of Administrative, Photo
Coverage and News Clippings.
2. Office of the Reporter
The Office of the Reporter is tasked with the publication of the Philippine Reports which contains
the decisions of the Supreme Court. The Office also prepares synopses, syllabi, and topic indices
for the Philippine Reports, Monthly Decisions and Monthly Digests. The outputs of the Office of
the Reporter are primarily for legal professionals.
3. Program Management Office
A Program Management Office (PMO) was created by the Supreme Court to coordinate and
manage the technical and administrative aspects of the judicial reform program implementation
(Court En Banc Resolution dated July 17, 2001, A.M. No. 01-7-09-SC). It has overall responsibility
of carrying out the Judicial Reform Program as set forth and enunciated in the Action Program for
Judicial Reform (APJR).
The PMO in coordination with other Court offices such as the Office of the Court Administrator
(OCA), PIO, and Philippine Judicial Academy (PHILJA) implements various IEC activities
intended to generate awareness of and participation in the ongoing reform projects by the Court’s
internal and external publics. Among these activities are seminar-workshops, dialogues and
consultations, publications of collateral materials including posters and brochures, and inclusion of
APJR-related stories in the Benchmark (the Court’s monthly newsletter).
The PMO has become a databank or knowledge center of judicial reform activities. In this relation,
the Court is pursuing regional cooperation and knowledge sharing between and among ASEAN and
neighboring jurisdictions on judicial reform initiatives.
19
4. Management Information Systems Office (MISO)
The Management Information Systems Office (MISO) is the computer technology arm of the
Supreme Court. It is tasked with providing technical expertise on the formulation of system design
studies and application system development as well as support services on hardware maintenance.
The goal is to support and guide the Court in establishing state-of-the-art information technology in
its computerization efforts. MISO consults with the Committee on Computerization that oversees
the Court’s computerization program.
This computerization program is detailed in the Supreme Court Information System Strategic Plan
(ISSP), which has been approved by the National Computer Center. It identifies the activities and
technical and financial requirements for the reengineering and computerization of the Court’s
primary business processes. The MISO has already adopted and implemented several computerized
information systems for the Supreme Court and the lower courts. It has extended its task to
assisting the Court of Appeals and special courts, such as the Court of Tax Appeals.
Among the critical functions of MISO in support of public information work is the uploading on the
SC website and the Computer Aided Legal Research (CALR) of decisions and resolutions of the
Supreme Court, Court of Appeals, the Sandiganbayan, and the Court of Tax Appeals. Memorandum
Order No. 49-2004 noted that making available to the public the decisions and resolutions of
appellate courts as soon as they are promulgated would strengthen and promote transparency,
accountability and integrity.
The MISO works through four divisions: 1. System Development for Judicial Application Division
(SDJAD); 2. Systems Planning and Project Evaluation Division (SPPED); 3. System Development
for Administrative Application Division (SDAAD); and 4. Electronic Data Processing Division
(EDPD).
5. Philippine Judicial Academy (PHILJA)
The Philippine Judicial Academy is a component unit of the Supreme Court that formulates and
implements a continuing program of judicial education for justices, judges, court personnel and
lawyers. With a Board of Trustees chaired by the Chief Justice, it is headed by a Chancellor.
PHILJA has four major offices, namely: 1. Academic Affairs Office (AAO), 2. Research,
Publications and Linkages Office (RPLO), 3. Judicial Reforms Office (JRO), and 4. Administrative
and Finance Office (AFO).
Two of these offices, RPLO and JRO, implement various IEC activities. RPLO establishes external
linkages, produces publications and fax/electronic alerts, and updates PHILJA’s website,
philja.supremecourt.gov.ph. JRO, on the other hand, conducts education and information activities
on Court-Annexed Mediation, Judicial Dispute Resolution, and Appellate Court Mediation.
As mentioned earlier, PHILJA, through a Special Committee of its Academic Council, has
produced the Judiciary-Media Relations Manual, which provides guidelines for the use of judges in
their dealings with media. The Manual is now awaiting approval by the Court En Banc.
With support from the Asia Foundation, the AIJC in coordination with the JRO is now completing
its Communication Program for Court-Annexed Mediation Project. The project deliverables include
preparation of a communication plan; development of prototype print IEC materials particularly
20
posters, brochures and handbook; writing of news feature articles for distribution to national and
local newspapers and magazines; and writing of mediation case studies.
Still ongoing is the Communication Program for the Code of Muslim Personal Laws/Shari’a Courts
also funded by TAF and implemented by the AIJC in coordination with the Shari’a Department of
PHILJA. The expected outputs also include a communication plan; prototype print IEC materials
particularly posters and brochures; and writing of news feature articles which will be distributed to
national and local newspapers and magazines.
B. Supreme Court Standing and Ad Hoc Committees, Task Forces and Technical
Working Groups
1. Committee on Public Information
The Committee on Public Information (CPI) was created upon the initiative of former Chief Justice
Hilario G. Davide, Jr. According to former Chief Justice Artemio V. Panganiban who had chaired
the Committee, the CPI was created to lend more transparency to the Court’s work and thereby
increase public understanding of its role and work in society.
Former Chief Justice Panganiban notes that the global trend is for judicial transparency and that
even the US Supreme Court has found the need for a public information office. The CPI, according
to the former chief justice, does not “sanitize” news or “angle” stories but simply “tell(s) the whole
truth about the Court and its work” (Panganiban, A.V., Leadership by Example, Manila: Supreme
Court Printing Press, 1999, p. 40).
The specific functions of the CPI are: 1. to study and recommend policies and programs on the
dissemination of news regarding decisions and activities of the Court and the Judiciary, 2. to
exercise oversight authority over the Public Information Office, and 3. to conduct such other
activities to keep the public informed of the Court’s duties and obligations.
These functions were expanded in 2005 to promote knowledge sharing and regional and
international cooperation. This additional function relates to the intention of the Court to establish
and coordinate an ASEAN-wide network of magistrates and legal practitioners to promote regional
cooperation and knowledge sharing.
2. Other Standing Committees and Ad Hoc Bodies
In addition to the Committee on Public Information, there are other relevant SC committees with
mandate and functions related to IEC work. Among these are the Committee on Computerization of
all Courts which is responsible for addressing the various ICT concerns of the Judiciary; Committee
on Legislative-Executive Relations which is tasked to attend to matters related to budget work and
to coordinate with the Executive and Legislative branches of the government to ensure their
cooperation in the implementation of the APJR; and the Committee on Library, Printing, Records
Management and Research Facilities. An associate justice of the SC chairs these committees.
There are also other ad hoc committees, task forces and technical working groups created to pursue
specific IEC-related mandates. Among these are the Task Force to Formulate a Disclosure Policy
for the Supreme Court, Task Force to Develop Information Systems Strategic Plan for the Judiciary,
and Technical Working Group for the Access to Justice for the Poor Project.
21
3. CPI as Coordinating Structure
Since many SC offices and units are engaged in IEC work, there is a need for a coordinating
mechanism to ensure that duplication of efforts are avoided, sharing of information (including IEC
materials) is facilitated, and related activities are coordinated and orchestrated (thereby contributing
to a unified image and identity of the Court). The CPI is envisioned to be this coordinating body
with oversight power over all IEC initiatives within the court system. But such oversight power
should not in any way lead to stifling initiative, creativity and innovation. The PIO may be
designated as the technical secretariat of the CPI in the performance of its coordinative function.
While the different units of the SC should be encouraged to produce various IEC materials for their
respective intended audiences (both internal and external), there may be a need for a central
repository of IEC materials produced to facilitate sharing and exchange. This will also prevent
costly duplication of efforts. Copies of produced IEC materials may be provided to the CPI and PIO
for archiving and documentation.
3.1.3. Decentralizing the Court’s organizational structure
The organizational structure of the SC is perceived as highly centralized and hierarchical. This
structure appears appropriate to its rule-driven nature wherein all actions and decisions have to be
based on formal written rules.
Rigidity of the organizational structure affects the efficiency and effectiveness of the flow of
information within the court system and with its external publics. A highly rigid structure can slow
down information sharing and exchange and even stifle initiative and desire for participation. The
structure also influences the communication culture, i.e., openness of the Court to communicate to
both internal and external publics.
The APJR envisions a decentralized system in a system that is traditionally centralized.

Decentralization may be seen as a diminution of power and authority. During an interview with an
SC Associate Justice for the SC Change Management Assessment Report (AIJC, 2003), the justice
warned that decentralization is difficult to implement in the court system as it goes against the grain
of hierarchical structure and respect for tradition, which are prevailing values in the Judiciary.
Rapid shift towards decentralization without the corresponding trade-offs can be dysfunctional.
Devolving certain responsibilities may be perceived as losing power unless the one delegating tasks
sees the act as beneficial in terms of less work. The person to whom the task is delegated should
perceive it as beneficial as well in terms of increased benefits and empowerment.
The rigid structure at the apex court seems to have influenced the setup in the lower courts where
the judge is perceived as the sole repository of wisdom. Much of the decision-making, insofar as
administrative matters are concerned, still reposes in the judge.
Most of the judges interviewed for the assessment study acknowledged that in the lower courts, the
organizational culture is greatly shaped by the attitudes and values of the presiding judge. This
partly explains why the presiding judges are key change agents at the lower courts according to
court employees who participated in the focus group discussion for the 2003 AIJC study.
22
3.1.4. Designation of municipal clerks of courts as Municipal Court Information Officers
(MCIOs)
For the Access to Justice for the Poor Project, an Administrative Order designating municipal clerks
of courts as municipal court information officers (MCIOs) has been adopted by OCA Circular No.
16-2007. In addition, the IEC Guidelines to be followed by these designated MCIOs has been
approved by Supreme Court En Banc Decision on 2007.
The designation of the municipal clerks of court as MCIOs was most welcome to most, if not to all,
participants in all five FGD areas. There was consensus that their designation merely “reaffirmed”
or “formalized” what they have since been doing.
Their designation as MCIOs was rationalized by the MCIOs themselves from various but congruent
perspectives:
• They are assigned in marginalized communities where many court users are indigent
litigants who have limited or even zero knowledge of the justice system (rule of law).
• There is lack of information (on rule of law) in these communities. The court is not always
accessible for various reasons, i.e., lack or absence of courtroom, no financial capacity, and
no practicing lawyer in the community, among others.
• As clerks of court they are really the “frontliners” expected to address the information
needs of court users and community members, especially the poor.
• “Appointing the clerk of court as MCIO is the best option; you cannot designate the judge
as MCIO as this may affect the independence and impartiality of the court.”
• The designation brings additional authority.
• Many do not see their “new” assignment as an additional burden because they are used to
“multi-tasking” although some inquired if this will also mean “additional compensation.”
Resource persons reminded participants that IEC work is part of their non-adjudicative functions as
listed in the Revised Manual for Clerks of Court (2002).
MCIOs recognized the need for court information officers as shown in their rationalization of their
designation as MCIOs. The designation made their functions more “official.” They can now
coordinate more effectively with the other “duty holders” in the relevant agencies. They also see the
assignment as providing “psychic reward” and the opportunity for professional advancement.
3.1.5. Training needs of MCIOs
MCIOs recognized the need for training to equip them with needed competencies in effectively
performing their mandate.
The FGD/Interviews categorized training needs/areas into the following: (1) Knowledge,
(2)Skills/Practices, and (3) Attitudes/Values.
23
A. Knowledge Areas
There was consensus in all five FGD/interview areas on the need by MCIOs for updates on/review
of the following:
• Laws affecting women and children

• Rights of women and children
• (Revised) Rules of Court especially those related to laws on women and children
Since the IEC Guidelines (AM No. 05-2-01-SC) is new, participants expressed the need for more
explanation and discussion on their mandate, duties and responsibilities, and the limitations of their
functions as MCIOs. The Guidelines provides the challenge on how to perform within these
constraints – to be open and yet mindful of the need to ensure the independence and integrity of the
Court.
The following were also mentioned:
• Barangay Justice System (Capiz)

• Psychology, i.e., understanding feelings and emotions of court users (Koronadal City)
• Community socio-demographic profile (Puerto Galera)
• Relevant IEC materials available and accessible (Puerto Galera)
• Human Rights (Lanao del Norte)
B. Skills/Practices
The common skills training areas identified were the following:
• Public speaking – to be effective and credible public speakers

• Interpersonal communication – to enable the second party to speak up and overcome
fear and hiya; to generate interest and participation; to encourage others to express their
views and opinions; how to handle different types of individuals, i.e., “ayaw
magsalita,” “matatapang,” “nag-aabogadilyo.”
• Computer literacy skills – very important especially with the delivery of computers
acquired through the project; some areas (Capiz) mentioned basic computing skills.
Other skills areas mentioned were the following:
• Technical writing skills – because of the need to constantly write reports

(Koronadal/Capiz). However, some said they already have “adequate” writing skills
since they do this often (P Galera).
• Facilitating skills – to enable us to focus on the topic of the discussion and not to
digress; how to encourage individuals to speak up (Koronadal, P Galera); how to assess
the nonverbal needs of clients (Camarines Sur) and to balance requirements of
transparency with skills in non-disclosure of confidential information.
• Interviewing skills (Koronadal)
• Conflict resolution, including mediation skills (Koronadal)
• Presentation skills, including preparation of low-cost visual aids (P Galera)
• Networking with partner agencies (Capiz)
• Skills in relating and communicating with clients from a varied linguistic background.
There are about 20 local dialects used in the communities served (Camarines Sur)
24
• A module on establishing synergy among stakeholders to be developed and used at the
end of the training program
• Information dissemination - this covers not only the use of interpersonal and group
communication but also strategies in disseminating produced IEC materials.
Media relations may not be necessary because journalists make only occasional visits to municipal
courts (“for lack of sensational cases”). However, an MCIO from Sultan Kudarat opined that “with
our new designation as PIOs, we can expect more frequent visits by local journalists.”
Media relations is included in the IEC Guidelines for MCIOs.
C. Attitudes and Values
Some of the attitudes/values mentioned were the following:
• Sensitivity to the plight of the poor

• Public service
• Human rights sensitivity
• Willingness to work with other partners (pillars) of CJS
• Gender sensitivity
• Patience, consideration, ability to encourage and inspire confidence
• Female MCIOs felt that they had the advantage of greater empathy in dealing with
women and children litigants (Camarines Sur)
• Cultural differences
3.2. Indicators of achievement
For Result 1 – The decentralized Information, Education and Communication (IEC) system
within the Judiciary with special focus on the poor and vulnerable groups (women and
children) is implemented and strengthened
Indicators of achievement
Result • 36 First Level Clerks of Court designated as Municipal Court Information
level: Officers are continuously performing their functions consistent with the Supreme
Court Guidelines
• IEC Guidelines
• IEC competencies of MCIOs are improved and new ones developed
• 20% more time spent on information tasks
• Systematic information distribution system at Municipal and Barangay levels set
up and functioning effectively
• User-friendly and culturally sensitive IEC materials for poor and vulnerable
groups distributed in timely manner
• At least 20% of women per target barangay are aware of their rights and legal
procedures to follow
Activity • Supreme Court approved IEC Guidelines for the first level courts in the target
level: project areas
• Supreme Court issued a directive for the observance of the IEC policies
• 36 first level courts identified
• List of clerks designated
25
• Training Needs Analysis conducted
• At least 25 of the 36 designated information officers attended the Workshop
• Increased awareness of the information officers trained for their municipality on
their information function
• Trained information officers are continuously performing their functions
demonstrating specific IEC skills
• Information materials produced
• Information materials distributed
• Training Needs Analysis (TNA) conducted
26
4. TRAINING OF JUDGES AND COURT PERSONNEL, PROSECUTORS AND PUBLIC
ATTORNEYS
4.1. Findings, issues and problems to be addressed
4.1.1. Context overview
The Action Program for Judicial Reform (2001-2006) defines the Philippine Justice System as
including the Judiciary, the Barangay Justice System, the quasi-judicial bodies that are empowered
by law to perform adjudicatory functions, and the law enforcement, investigative, prosecutorial and
correction systems of the Department of Justice as well as the Department of Interior and Local
Government.4
The Philippine Judiciary is divided into 4 levels. The first level includes 82 Metropolitan Trial
Courts (MetroTCs), 141 Municipal Trial Courts in Cities (MTCCs), 425 Municipal Trial Courts
(MTCs), 426 Municipal Circuit Trial Courts (MCTCs), and Shari’a Circuit Courts. At the second
level are 960 Regional Trial Courts (RTCs) distributed among the 13 administrative regions, as well
as the 56 Shari’a District Courts. At the third level is the Court of Appeals (CA), and at the fourth
level is the Supreme Court (SC).5 Additionally, the Judiciary includes 2 special courts: the
Sandiganbayan, which hears cases involving graft and corruption charges against government
officials and their accomplices; and the Court of Tax Appeals, which hears cases involving
violations of tax, tariff, and customs laws 6.
It is the Supreme Court’s duty to administer and supervise the operations of the entire Judiciary, as
per Article VIII, Section 6 of the Constitution, which provides that the Supreme Court “shall have
administrative supervision over all courts and the personnel thereof.” The Supreme Court’s
supervisory power over the lower courts is exercised through the Office of the Court Administrator
(OCA), which has direct control over their resources, and monitors and assesses the performance of
those courts, their personnel and their judges.7
4.1.2. Court jurisdictional structure
The jurisdictions of the courts are defined in both geographical and functional terms. The Court of
Appeals, Sandiganbayan, Court of Tax Appeals and the Supreme Court have nationwide
jurisdictions while the trial courts have defined geographical jurisdictions following the political
sub-division of the country.8
In functional terms, the jurisdiction of the courts can be general or special. Courts of general
jurisdiction try or hear both criminal and civil cases. Courts of the first and second levels, except for
the Shari’a courts, are courts of general jurisdiction. Courts of special jurisdiction hear only
particular cases or exercise their authority under limitations and circumstances prescribed by law.
The Sandiganbayan and the Court of Tax Appeals as mentioned earlier, are classified as special
courts. Meanwhile, the Shari’a District Courts and Shari’a Circuit Courts try personal and family
law cases under the Code of Muslim Personal Laws. While Regional Trial Courts are courts of
4
APJR, pp. 1 and 18 and ff.
5
APJR p. 18
6
APJR, p.19
7
APJR, p. 19
8
APJR, p. 31.
27
general jurisdiction, some 275 RTCs have also been designated as Special Courts to exclusively
handle cases of special concern, such as drugs cases, heinous crimes violations, and family cases9.
4.1.3. The 5 pillars of criminal justice
The administration of the criminal justice system (CJS) is a task divided among the “5 pillars of
criminal justice”10. The pillars are: 1) the courts, 2) the community at large, and 3) the government
agencies involved in law enforcement, 4) prosecution, and 5) correction or rehabilitation.
Law enforcement, prosecution, and correction or rehabilitation resorts under the executive branch
through the Department of Justice (DOJ) and the Department of Interior and Local Government
(DILG). The community at large, although technically beyond the scope of the CJS, completes the
system because the people comprising the community pillar are the ones being served by the other 4
pillars11.
The Action Program for Judicial Reform (2001-2006) describes the criminal justice process as
follows 12:
1. The criminal justice process is initiated by a private complaint or by the police upon
discovery of a crime. Criminal investigation is conducted by either or both the Philippine
National Police (PNP), which is under the DILG, and the National Bureau of Investigation
(NBI), a support agency of the DOJ.
2. Upon termination of the police investigation the case and the suspects are referred to the
Office of the Public Prosecutor, or to the Municipal Trial Court in some cases, for
preliminary investigation.
3. Criminal actions are generally prosecuted under the direction and control of the public
prosecutor. In the Municipal Trial Courts or Municipal Circuit Trial Courts, however, when
there is no prosecutor available, the offended party, any peace officer or public officer
charged with the enforcement of the law violated may prosecute the case. This authority
ceases upon actual intervention by a prosecutor or upon elevation of the case to the
Regional Trial Court
Prosecution is within the exclusive domain of the Department of Justice. The Chief State
Prosecutor, Assistant Chief State Prosecutors, Provincial and City Prosecutors, State Prosecutors
and Prosecuting Attorneys are mainly responsible for investigating and prosecuting all crimes
committed all over the Philippines13.
The Public Attorney’s Office (PAO) is another support group of the DOJ. The PAO provides free
legal services to indigents. The PAO, however, does not perform prosecutorial functions but, more
frequently, serves as counsel for the defense in civil, criminal, administrative, or labor cases. It also
provides non-judicial legal services, including legal counseling and mediation. The PAO is further
9
APJR, p. 31
10
APJR, p. 36
11
APJR, p. 36
12
APJR, p. 36
13
APJR, p. 37
28
engaged in other activities, such as outreach and jail visitation programs, toward supplying the
public with immediate, responsive, and competent service14.
4.1.4. Judicial Education
Judicial education is entrusted to the Philippine Judicial Academy (PHILJA). The establishment of
PHILJA in the Supreme Court underscores the high priority accorded to judicial education15. First
organized by an Administrative Order of the SC in 1996, PHILJA was granted a legislative charter
in 1998 through Republic Act No. 8857. The law institutionalized PHILJA as a “training school for
justices, judges, court personnel, lawyers and aspirants to judicial post”. The Academy is
responsible for making available to judicial officers as well as to candidates for judicial office a
systematically planned and rationally structured regimen of courses.
4.1.5. Survey of gender-related attitudes, beliefs and behaviors of selected family court judges,
prosecutors and social workers conducted in 2005 by Feliciano and Sobritchea et al16.
A. General considerations
The survey revealed that respondents expect the same level of competence and efficiency, and
ethical practice from legal professionals, regardless of their sex. However, the research notes some
responses describing how women should behave differently in order to succeed in the legal
profession. A female judge advised women legal professionals not to feel restricted by their
femininity while a male judge urged women to learn how to temper their emotions. Female
prosecutors said that females need to act like they are better than males, or “just like one of the
boys” in order to gain recognition in the legal profession. They also observed that there is more
pressure for women to project a no-nonsense attitude, needing to show that they “are not airheads or
weaklings who rely on their appearance to get what they want”. Male prosecutors counseled women
not to mix emotions with work if they want to succeed, that women should feel as if they were more
men or even stronger than men, and that they should be more “open minded” especially in handling
cases against chastity.
Survey data suggest a mixture of judges and court personnel who are generally gender sensitive as
well as those who adhere to traditional notions of gender roles, identities, and expectations. Both
males and females across occupational categories share many common sexist as well as non-sexist
beliefs and attitudes. Given the nature of cases handled by the family courts, it is extremely
important to eradicate all the practices, attitudes and beliefs that can potentially undermine the
capacity of family courts to provide gender-responsive service and gender-fair decisions.
Among the widely-shared sexist attitudes have to do with female leadership roles, sexual intimacy
before marriage, freedom of action, and intoxication. Many of the survey respondents, both females
and males, believe for example, that women should not take increasing responsibility for leadership
in solving the intellectual and social problems of the day and should not engage in sexual intimacy
before marriage even if cultural traditions encourage the males to do so. Many also believe that
14
APJR, p.37
15
APJR p. 71.
16
Feliciano, Myrna, Carolyn Sobritchea, Ma. Cecilia Conaco, Flordeliza Vargas, Amy Avellano, Eloisa May
Hernandez, Margaret Magsanoc and Wilma Rojas (2005). Gender Sensitivity in the Family Courts. UP Center
for Women’s Studies, University of the Philippines.
29
women should not expect to go to the same places or to have the same kind of freedom of action as
a man, and that intoxication among women is worse than intoxication among men.
More than half (56%) believe that swearing and obscenity are more repulsive in the speech of a
woman. Again, adherence to this gender bias may have serious implications when dealing with
cases of domestic abuse. Moreover, one third (33%) of all respondents still agree with the statement
that telling dirty jokes is a masculine prerogative. Almost one third (28.6%) also still believe that
men should be given preference during hiring and promotion for many jobs.
The other significant finding of the survey is the lack of familiarity of around half of the
respondents with gender-fair language and the misconception among a few of those who said they
knew what it meant.
Although most of the respondents, both females and males across occupations consider women
judges, lawyers and witnesses to be just as good and competent as their male counterparts, they also
recognize that female witnesses are more likely to suffer from such problems as having to listen to
sexist remarks and jokes or comments on their personal appearance and clothing as well as
receiving suggestive comments, unwanted touching, and discriminatory treatment.
In general, male and female judges and prosecutors regard women’s participation in the public
sphere as an engagement that is subject to limitations. These views are biased against women
because they favor male privilege in accessing opportunities to personal and professional growth.
Such opportunities are often necessary for acquiring higher social status. But these views perpetuate
stereotyping women into socially-ascribed reproductive roles such as child bearing and house
tending, while reserving dominant roles in decision-making and economic productivity for men.
Surprisingly, there was a larger proportion of female over male judges and prosecutors who held
sexist views. The survey shows that deference to male hegemony is the norm observed by both
sexes, but what is more interesting is that female judges, and especially female prosecutors,
appeared to subscribe to this even more strongly than their male counterparts.
Female prosecutors who showed more gender biased attitudes are younger (30-49 years old) than
the female judges who were surveyed. Assuming that they are also bench aspirants, there is ample
opportunity for the gender focal points of the courts to influence them to adopt gender responsive
attitudes and behaviors.
B. Some manifestations of gender bias
Manifestations of gender bias by male judges, fiscals, prosecutors and court personnel were
documented in this research. Female litigants are questioned derisively and sometimes treated with
ridicule while female lawyers (especially those who are younger) find themselves at the receiving
end of very personal queries and remarks coming from the bench and their male colleagues either
within or outside formal court proceedings.
The lack of gender sensitivity is even more pronounced in the court proceedings of sexual assault
cases, more so for incest involving girl children. Recent scientific studies have been able to explain
why victims of gender-based violence react they do, citing psychosocial factors that drive them to
conceal the crime and suffer in silence, particularly since rapists are usually known or close to their
victims. It is important therefore that judges and court personnel have to acquaint themselves with
this latest body of scientific knowledge.
30
C. Victim blaming
A significant number of male judges and some female judges and prosecutors have beliefs that
could easily lead them to conclude that the conditions and needs of women seeking redress for rape,
sexual harassment, and domestic violence may be deficient or absent. Half of the judges and
prosecutors believe that women who dress provocatively have only themselves to blame if they are
sexually harassed or assaulted. It is therefore not surprising that victims of gender-based violence
who come to the courts seeking relief are more often than not regarded with the attitude “she must
have had it coming” – a form of victim blaming. One of three male judges and prosecutors who
were surveyed agreed to the statement - “In cases of domestic battering, women very often provoke
their male partners into violence”.
Rather than castigate a philandering male and demonstrate sympathy towards the partners or spouse
by advising them as to their rights, a judge counsels two warring women to talk out their differences
and reach an agreement on how to share their man. In another case, a woman seeking annulment on
the grounds of infidelity of the husband drew side comments from the fiscal who speculated on her
stupidity and her lack of sexual skills as the reasons that drove her husband to have an affair with
their household helper. The helper was also referred to as “cheap” by the lawyer but it was notable
that the husband did not invite any sarcastic remark from lawyer and the fiscal.
D. Issues related to slow dispensation of justice
Among the cases reaching the family courts, rape, sexual harassment, and domestic violence take
the longest time to reach their conclusion. Judges and prosecutor respondents said it takes between
18 to 25 months to conclude rape cases, 10-18 months for sexual harassment cases and 6-12 months
for domestic violence cases. The main cause cited for the delay is the congestion of the courts.
Family courts are saddled with numerous pending cases because of their insufficient number and
lack of judges assigned to these courts. Eight years had passed since the Family Courts Act of 1997
but the law has not been fully complied with. Also, the number of family courts has not increased in
proportion to the volume of cases being filed or the growth of population in the courts jurisdiction.
As of August 2004, there were 38,998 pending cases in the 97 RTCs designated as Family Courts.
The present situation would call for judges to render decisions for about 200 cases each month if
they want to conclude all pending cases and prevent further pile up. The Justice on Wheels project
of the Supreme Court is able to decide very swiftly on legal issues that are presented before it.
Observations regarding its performance have been very encouraging.
E. Other gender-related issues
There are instances when private and PAO lawyers and fiscals provide their clients with bad advice
due to their lack of familiarity with the new laws and implementing rules and regulations.
Serious allegations have also been raised about the integrity of some lawyers who collect
unauthorized fees; this was mentioned in relation to proceedings for adoption. This becomes a
gender issue when exorbitant costs cause justice to be inaccessible to poor women. A significant
number of those who seek relief from Family Courts come from a background of powerlessness and
financial incapacity. Lack of information on the approved amount of court fees also appeared to be
a source of confusion and an opportunity for corrupt practices by court personnel.
Some court employees banter about sensitive cases even in the presence of other people. There
were also observations regarding how employees and court personnel gawk at female complainants
and eavesdrop on the “juicy details” of sexual abuse.
31
The case study analysis of children in conflict with the law speaks of the court’s good practice in
monitoring the parties’ compliance with the court’s decision. However, each Family Court has only
one social worker who has piles of cases awaiting case study reports.
Most courts are small and have no provisions for a special waiting area or interview room for
children and women victims/witnesses who fear for their safety and need privacy. Moreover, the
court’s lack of resources is not only reflected in its infrastructure but also in the lack of necessary
supplies and equipment needed to carry out its mandate.
The study identified the need to strengthen gender sensitivity training aimed at changing gender-
biased knowledge, attitudes, and beliefs of internal actors (judges, prosecutors, fiscals and court
personnel) and external actors (lawyers, private prosecutors, investigating and apprehending
officers, social workers and staff assisting litigants and local government officials) in the Family
Court.
To address the problem of overloaded family courts there is a need to institutionalize its operations.
Simultaneously, support for the sustainability and expansion of ongoing numerous initiatives that
aim at resolving court congestion, such as the Justice on Wheels Project, should be continued.
The research also advocates for the Supreme Court to incorporate gender sensitivity as a criterion in
the selection and appointment of Family Court judges.
Family courts need to oversee the quality of legal representation, especially in cases involving child
protection, sexual assault and battering. A presiding judge’s level of gender awareness is therefore
critical in monitoring whether lawyers and fiscals who appear before the court are gender-sensitive.
This is only possible with the integration of gender responsive standards in current guidelines for
ethical and guidelines of legal practice. Collaborations of the court system with professional and
civil society groups may be explored to enjoin members of the bar to undertake gender
mainstreaming initiatives.
Current efforts at streamlining court procedures and requirements should continue. Information on
their amendments needs to be disseminated to the public and posted at conspicuous places at the
court and DOJ offices.
Monitoring and evaluation mechanisms should not only measure outputs and outcomes in the
general sense but also surface trends on how the court system is able to dispense fair and speedy
justice to men and women. Improving the courts database management can make monitoring of
cases more convenient. One concrete strategy is the sex disaggregation of the Family Court’s
database.
Finally, there is a need to improve the physical set-up of the courts to make them child and women-
friendly. Space for a separate room for interviews should be allocated to provide victims of rape,
domestic violence, and sexual harassment with privacy. There should be adequate space for storage
and safekeeping of court records.
For Result 2 – Municipal court judges and court personnel in the project target areas are
familiar with the Barangay Justice System (BJS) and the laws directly affecting the rights of
the poor, especially women and children, and are performing their functions accordingly.
32
Result • 432 judges and court personnel in the target project areas sensitized according to
level: the training program
• Improved awareness of gender/child rights among municipal court judges and
court personnel resulting in better court decisions
• Higher conviction rates for gender violence, violations of child rights, etc.
Activity • Training Needs Analysis (TNA) conducted

level: • At least 70% of Judges and court personnel in selected Project Areas attended
• PHILJAA adopts programs which include the workshops
For Result 8 – DOJ personnel in the project target areas are familiar with the BJS and the
laws directly affecting the rights of the poor, especially women and children, and are
performing their functions accordingly.
Result • 130 DOJ staff members (prosecutors and public attorneys) sensitized according
level: to the training program
• Number of women in the justice system, particularly at senior levels
• Existence of guidelines to enforce the collection of gender disaggregated data
Activity • Training Workshops designed

level: • Training Workshops implemented
• DOJ adopts plan to integrate the Workshops in its continuing education
programme
• Number of ongoing training workshops continuously performed by DOJ.
33
5. COMMUNITY DEVELOPMENT: STRENGTHENING THE BARANGAY JUSTICE
SYSTEM
5.1.1. The Barangay Justice System: main features and stakeholders involved
The Barangay Justice System (BJS) or the Katarungang Pambarangay (KP) was established in
1978, mainly to help decongest the Court system, which was and still is struggling with an overload
of cases. The BJS resorts under the Department of Interior and Local Government. The BJS is
therefore not a part of the Court system and is not, consequently, within the authority of the
Supreme Court. The DILG has the overall responsibility of implementing the BJS in the Barangays,
while training of Barangay officials in application of the BJS is a task shared by the DILG and the
Department of Justice.
The BJS works according to the KP Law that sets the procedures and regulations of the BJS. It
stipulates the role of the Barangay Captain or Punong Barangay (elected leader of the Barangay)
and Lupon Tagapamayapa (council of 10 to 20 members), selected from among the inhabitants of
the Barangay and appointed for 3 years to provide mediation within the BJS. The BJS is based on
mediation by the Barangay Captain, or if he/she doesn’t succeed, 3 members of the Lupon, selected
by the 2 parties involved in the case. Mediation is focused on finding a solution which is acceptable
to both parties.
The jurisdiction of the Barangay Captain and the Lupon covers all disputes brought before them by
contending parties residing in the same city or municipality, except in the following cases 17:
• Where one party is the government, or any of its subdivision or instrumentality:

• Where one party is a public officer or employee and the dispute concerns the performance
of his official functions;
• Offenses punishable by imprisonment exceeding 1 year, or a fine exceeding P5,000.00;
• Offenses where there is no private offended party;
• Where the real property subject of the dispute is located in different cities or municipalities,
unless the contending parties agree to submit themselves to the jurisdiction of the Barangay
Captain and Lupon;
• When contending parties actually reside in barangays of different cities or municipalities,
except when such barangays are adjoined and said parties agree to submit themselves to
the jurisdiction of the Barangay Captain and Lupon;
• Such other classes of disputes which the President may determine, in the interest of justice
or upon the recommendation of the DOJ, as not falling under its jurisdiction.
For all the cases the BJS is authorized to deal with, the litigant is obliged to first file his/her case at
that level. Only if a solution is not found through the BJS, the litigant receives a certificate which
provides the permission of filing the case at the Municipal Court.
Three types of cases are usually recorded by the BJS, namely criminal, civil and other cases. Upon
closer scrutiny, the other cases mentioned refer to those that fall outside its jurisdiction, but are
registered as a dispute, are mediated, and either solved or unresolved by the barangay. In recent
years, there have been an increasing number of cases involving domestic violence, child abuse, and
rape incidents filed by citizens with the BJS, although women interviewed are often still reluctant to
17
Manuel S. Tabunda and Mario M. Galang, A Guide to the Local Government Code of 1991, p. 195.
34
take their cases of gender violence to male officials. With the enactment of various legislation on
violence against women and children (VAWC) as well as legislation related to children in conflict
with the law (CICL), Family Courts were established to hear cases on these18. The BJS still gets
involved in VAWC and CICL cases through the issuances of Protection Orders and diversion
programs, respectively, with close coordination with Family Courts prosecutors/public defenders
and municipal social workers. There is also evidence of some increase in cases related to squatters
and illegal settlements – clearly related to access to justice for the poor.
From January to December 2005, there were a total of 418,247 cases brought before the BJS
throughout the country. Of these, 187,725 (45%) were classified by the DILG as criminal cases,
164, 744 (39%) were classified as civil in nature, and the rest (65,776 or 16%) were classified as
others. Government estimates savings generated from this caseload represents about
PhP2,993,412,000 (computed at PhP9,500/case).
Studies on the Barangay Justice System19 point to the potential of the system as an effective tool for
declogging the courts and for providing immediate access to conflict resolution services at the
lowest cost to both the government and the litigants. As reported by the DILG, of cases entering the
barangay lupons, about 87% were settled and only 6.7% were referred to the courts. However, a
UNDP study of the lower courts reported a lack of public understanding of the Barangay Justice
System and lack of motivation of barangay officials to enforce it.
There are more than 41,995 barangays all over the country of which 98% have functioning
barangay justice systems. The challenge to reforming the system is in coping with the size of
implementation, in institutionalizing stable operating systems and procedures in a context where
membership may change with the 3-year term of the elected barangay leaders, and with the
complexity of reform requirements.
5.1.2. The Action Program for Judicial Reform and the Barangay Justice System
As part of its policy and strategy for Alternative Dispute Resolution20, the APJR says that the
Supreme Court will coordinate with the DOJ and DILG to strengthen the capacities of local
government units to implement the Barangay Justice System and to inform and improve
participation of local citizens and promote wider use.
The APJR’s key reform milestone targets for ADR include21:
• A comprehensive diagnostic review of the Barangay Justice System (performance,

institutions, resources, services, systems and procedures, etc.) and proposed reengineering
of the governance, institutional setup and operation of the system, and overall capacity
build-up, completed by end of year 1 of reform implementation.
• Formulation of a legislative agenda (where necessary) and advocacy program for Congress,
by end of year 1 of reform implementation.
18
one bench among the Regional Trial Courts is usually designated as Family Courts. In areas where there is
no accessible Family Courts, the nearest Municipal or Circuit Courts may accept family-related cases and
VAWC cases.
19
APJR p. 35.
20
APJR p. 42.
21
APJR p. 47.
35
• Formulation and implementation of public information and advocacy program on the use of
ADR and Barangay Justice System.
• Strengthening measures for the Barangay Justice System installed starting year 2 of reform
implementation (including training, institutional and procedural setup) and implementation
in full swing for 25% of barangays by end of reform implementation.
5.1.3. Review of Related Literature
A. Survey conducted by the Gerry Roxas Foundation in 2000
A survey conducted by the Gerry Roxas Foundation in 2000 entitled “A Study on the Efficacy and
Efficiency of the Barangay Justice System” revealed the following data:
• In 1999 42,194 cases were brought to the barangay; 18,301 are criminal case; 19,378 are
civil cases; 4,515 other cases;
• 90% believe that the Lupon Tagapamayapa helped reduce court dockets and promotes
harmonious relationships
• Concerns of community residents include: a) biased decision/third party meddling/ political
interference; b) lack of knowledge of the Katarungang Pambarangay program c) lack of
cooperation among parties involved (non appearance); d) lack of funds for KP operations;
e) misunderstanding between Lupon Ch and members;
• 68% of residents would not involve with the BJS since they have no disputes;
• 79% of respondents perceive that the implementation of the BJS improved peoples’ access
to justice;
• Major monitoring problems identified are lack of funding support and inadequate
knowledge of the KP monitoring unit; the role of agencies involved in monitoring such as
DILG and DOJ also needs to be defined and clarified.
The study identified the following areas for improvement: a) development of a system for effective
KP implementation; b) information dissemination of the program; and c) funding support for KP
operations. 25% of respondents recommend more training seminars for Lupon members. One of the
principal recommendations of the study is to enhance advocacy activities on the KP and intensify
information dissemination especially in barangays; 22% of PBs suggested requiring new law
graduates to render assistance to the barangay. Lupon members interviewed also recommended the
provision of allowance to LT members
The GRF study revealed the following conclusions:
1. In areas where BJS is functioning, the citizens look to it as their “court”, their avenue for
their quest for justice
2. There is a need for more information – on the KP law itself. There is lack of budgetary
support: while the barangay has the power and authority to provide financial support to the
BJS, it does not;
3. Citizens support the BJS because it is accessible, fast and inexpensive;
4. There is a need to review the KP law; and
5. The KP helped declog court dockets.
B. The Barangay Justice System Review conducted by The Asia Foundation in 2004
36
The Barangay Justice System Review conducted by The Asia Foundation in 2004 focused on
whether the objectives of the BJS had been met, namely: (1) to declog court dockets; (2) as a cost-
saving measure of government; (3) preservation of Filipino culture; and (4) speedy dispensation of
justice. The study was premised on the conceptual framework that BJS has both its intrinsic and
extrinsic values. Its intrinsic value lies in the system’s ability to promote community peace among
the citizens. Its extrinsic value is its invaluable role in de-clogging court dockets and reducing
expenses of the judicial system and the potential court litigants.
The major findings of the study include the following:
1. It concludes that the Katarungang Pambarangay or barangay justice system has, in general,
served its purpose. Ordinary citizens view it as an immediate recourse to justice. While
restoring community peace might prove difficult, the BJS admittedly prevents or mitigates
potential conflicts.
2. The study also showed that the people’s level of appreciation of the BJS is high and is
principally related to disputants’ satisfaction. Parties are generally satisfied with the BJS by
not pursuing cases in courts. For those who were interviewed at the community level,
justice is served when the case is brought to the attention of the barangay. Even though the
process is informal and substantive issues are not fully discussed, the satisfaction is derived
from the feeling of a ‘contracted peace’ reached by the disputants.
3. Its appropriateness is rooted in its attribute as a ‘community-level mechanism’ that utilizes

an informal and non-litigious process. The high degree of acceptability of the mediators is
the common response to the question of why disputants agree to settle at the BJS level. Any
sign of partiality, especially from the punong barangay, will make it difficult for the dispute
resolution to progress. Although the mechanism is mandatory for both parties, lack of
interest stemming from perceptions of bias and partiality can become a major hindrance to
any mediation efforts. A party or both parties will just go through the motion of conciliation
or mediation before asking for a “certification to file cases in court”.
4. Regarding the objective of de-clogging court docket, the study shows that there is no direct
inference, even by the regular courts, that the BJS has significantly reduced the cases filed
in courts. While BJS implementers unanimously consider that the system certainly helps
ordinary citizens to seek justice, they do not see any direct relation between such
observation and the de-clogging of court dockets.
5. It was also strongly opined that there is an urgent need to address problems relating to its
implementation. The issue of implementing agreements mediated or arbitrated through the
BJS needs to be resolved in favor of the complainants. In that way, the perception that the
BJS is just another bureaucratic hurdle prior to filing court cases will be eradicated.
6. Based on the data gathered, the study concludes that the BJS is effective to the extent that
the community appreciates its purpose. The implementers are however silent as to whether
and how the BJS helps de-clog the courts. One disadvantage that was cited is still the
common practice of regarding the BJS as a mere mechanism for the issuance of a
certification to file action in court. It is perceived that the issuance of such certification is
the only substantial power given to the BJS.
37
7. Access to justice by the citizenry is still a vision to many barangays and Filipinos in
general. However, it was observed in this study that, with an increased awareness of the
laws and the legal system, more citizens are taking cognizance of the importance of
alternative dispute resolution mechanisms.
8. Aside from the BJS, other alternative modes of dispute resolution are now being
established. These include the barangay human rights action committee, barangay agrarian
reform committees, environmental and natural resources councils, and the local
development councils. A study of the existing ADR mechanisms will provide an indication
of the benefits that these can provide to the Philippine justice system. The presence of such
non-BJS mechanisms at the community level had, to a certain extent, indirectly contributed
to disposing cases otherwise filed in the regular courts.
5.1.4. Institutional Assessment of the Barangay Justice System conducted under this project
between March and April 2007
An institutional assessment of the BJS conducted under this project using sample barangays in the
five provinces under the Access to Justice for the Poor project revealed the following:
1. There is a wide variety of practices on the ground. The KP Law, while generally observed,
is ignored when impracticable; instead, practices are adapted to local conditions.
2. More than the Lupon members, it is the barangay captain, barangay kagawads, purok
leaders, and the elders who are frontliners in dispute resolution.
3. Lupons are largely active in the urban areas; the farther a barangay is from the center, the
less cases are reported, and the less frequent is the pangkat constituted. In one urbanizing
area studied (Sabang, Puerto Galera in Oriental Mindoro), the lupon is inactive, and dispute
resolution is lodged at the barangay tanod and the kagawads.
4. There is little distinction made between mediation/conciliation and arbitration. Disputants

hardly have a say on how their cases are to be disposed of. Oftentimes, the barangay
captain employs a combination of mediation and arbitration (med-arb), while everybody
calls it “settlement”. Mediation/conciliation or arbitration is hardly mentioned if at all.
5. Indeed, local culture dictates that once it reaches the barangay blotter, cases, while still
considered petty and minor, nevertheless already represent a breakdown in community
relations between neighbors and community members. It means that the frontliners have
failed.
5.1.5. Training Needs Analysis of lupon members conducted under this project in 2007
A training needs analysis conducted among 513 respondent lupon tagapamayapa members in
sample barangays under this project revealed the following:
A. On knowledge of laws and procedures

• 80% said they have Poor to Very Poor knowledge of the law. Only 4% said they have Good
to Very Good knowledge of the KP Law
38
• 71% said they have Poor to Very Poor knowledge of the Anti-Violence Against Women
and their Children Act of 2004 (RA 9262). Only 3% said they have Very Good knowledge
of this law.
• 66% said they have Poor to Very Poor knowledge of the Juvenile Justice Act (RA9344).
Only 2.7% said they have Good to Very Good knowledge of the Act.
• 67% said they have Poor to Very Poor knowledge of the Anti-Trafficking in Persons Act of
2003 (RA 9208). Only 5.2% said they have Good to Very Good knowledge of this law.
• 68% said they have Poor to Very Poor knowledge of the Child Abuse Act (RA7610). Only
4% said they have Good to Very Good knowledge of this Act.
B. Knowledge on where to get information
• 15.21% said they obtain their information from departmental (DILG) memos,14.75% said
from Training Seminars; 12.87% said from barangay captains; 11.06% said from mass
media; 10.95% said from Lupon Tagapamayapa meetings; 9.24% from barangay operations
manual; 1.26% said they get information from email and web pages.
Thus, the majority of respondents rely on governmental authorities and outside sources to
provide them information rather than proactively getting it themselves.
C. Work load as Lupon members
• 79% said their workload is just enough; 8% said they were overloaded; 39% said they were
under loaded
Thus, it is reasonable to conclude that majority of respondents have fairly enough time to
undertake their tasks as Lupon Tagapamayapa members.
D. Gender sensitivity (self-rating)
• 41% said their gender sensitivity was Fair; 35% said theirs were Good; 9.5% said their
sensitivity was Poor to Very Poor; 13% said they were Very Good to Excellent.
Thus, majority of respondents view themselves as gender-sensitive, despite lack of knowledge

of relevant laws and procedures, the lack of gender-sensitivity training, and anecdotal evidence
of gender insensitivity. This presents a challenge to the project on how to break gender bias and
traditional attitudinal behaviors with regard to viewing women and addressing women’s
concerns.
E. Child sensitivity (self-rating)
• 35% said they were fairly child-sensitive; 22% said they were Very Sensitive to Excellent.
Only 7% view themselves as Child-Insensitive.
Similar to gender-sensitivity, majority of respondents view themselves as child-sensitive,

despite lack of knowledge of relevant laws and procedures, and anecdotal evidence on
addressing children’s concerns.
F. Skills
39
• There seems to be consensus that the following tasks are frequently done by the Lupon:
Interviewing (including active listening, probing for more information, and giving
feedback), Facilitating Dialogues, Conflict Analysis, Negotiation and Mediation.
• The less frequently done tasks are the following: Technical Report Writing; Conducting
Training; using the Computer; Email and Web Surfing. Expectedly, they also rated their
skills on this as Poor to Very Poor.
• Discrepancy in frequency of doing tasks and self-rating on Competency are greatest in the
following areas: Giving Feedback, Negotiations and Mediation.
G. Previous related training
Average training days obtained on the KP Law is one day. These were mostly provided by
either the DILG, Commission on Human Rights, DSWD (on women and children’s laws) and
various non-government organizations. Those who underwent training from the Gerry Roxas
Foundation, an NGO largely supported by the USAID based in Capiz, had an average of two
days’ training. The longest trainings obtained from the GRF were 11 days in Capiz.
5.1.6. Issues, problems and barriers to participation
1. The Katarungang Pambarangay has been established almost 30 years now and yet the
system is suffering from weak and inadequate institutional support. The enactment of the
Local Government Code in 1991 was expected to assist in strengthening the BJS and its
institutional network. This still needs to be realized fully. However, in general, the BJS has
done its share by providing the venue for justice to be accessible to the community.
2. All literature, surveys, and researches reviewed for this Baseline Study demonstrate the
need to review the support given by government and non-government institutions to the
BJS. While the BJS presently works well, strengthening support for the system through
information, training and capacity-building measures and inter-agency cooperation will
definitely solidify its role in improving the public’s, especially the poorest people’s, access
to justice.
3. There is a need to review the role of the punong barangay/barangay captain in view of the
fact that he/she is an elective/political official, because much of the literature, survey and
interviews reveal that many residents do not use the system because of the lack of
credibility on the punong barangay to render judgment or facilitate dispute resolution in an
impartial manner.
4. There is a need to review the composition of the Lupon to make it representative of the
society in which it operates and gender-balanced. While one literature suggests that the
lupon should be elected, to be able to raise awareness on its existence, interviews and other
literature point to the fact that there is a need to depoliticize the whole system and divert
cases away from political figures into more credible members of the community. There is
also a need to ensure greater women’s participation and a gender balance, as the current
composition of the Lupon is overwhelmingly male.
5. There is a need to encourage women to use the BJS in cases of domestic violence and
sexual assault. Interviews suggest that many women don’t use the BJS (partly through fear
of local gossip) except for referral to family courts, despite the fact that restraining orders
40
can be issued through the BJS. Family Courts are few and many poor women do not have
the time or means to travel, which effectively limits their access to justice.
6. There is a need to increase the prestige of the whole system by providing incentives for law
graduates and other professionals to volunteer their services to the community by serving as
Lupon members.
7. There is a need to increase the jurisdiction of the BJS to include other barangays in adjacent
municipalities and even provinces to resolve the problems relating to access by disputants
belonging to different barangays. There is also a need to increase the jurisdiction in the
nature of cases, i.e., increase the amounts covered to be able to include cases such as
violation of the bouncing checks law, which currently represent a large proportion of the
court dockets.
8. There is a need to improve the access to Family Courts and strengthen its tie-up with the
BJS.
9. There is a need to put in place a strategic training and capacity-building program that
addresses the enormous problem of training 41,995 barangay Lupons, which translates into
400,000-800,000 Lupon Tagapamayapa members with a term of three years. A program
that aims to address such a huge human resource training needs should take cognizance of
the information, training and capacity-building needs and resource needs of such an
undertaking.
10. The BJS needs to be interfaced with other laws that aim to protect the rights of indigenous
peoples over their ancestral lands and domain.
Result 3 – The Barangay Justice System in selected barangays is strengthened in accordance

with the revised Katarungan Pambarangay Law.
Result • 3 members of each Lupon in up to 348 Barangays + 36 MLGOOs (i.e. in total
level: 1080 persons) have been trained on the revised KP Law
Activity • Up to 360 Barangays selected

level: • IA conducted
• TNA conducted
• Trainer’s Manual submitted to the DILG
• Training materials formulated in the vernacular and distributed to the
participants
• Target participants attended the Workshop
• Lupons formulated the Action Plan
Result 4 – Legal Information Desks established in targeted barangays to function in

coordination with the Municipal Court Information Officers (MCIOs).
41
Result • Up to 1080 Barangays integrated Legal Information Desks within their
level: structures to handle information about the basic rights and the Judicial System
in compliance with an Administrative Order issued by the DILG
Activity • Up to 720 new barangays selected

level: • DILG and barangays concerned established LIDs in at least 40% of the total no.
of target barangays to be manned by trained LID Officers and NGO volunteers
• Coordination/linkage between Information Officers and LID Officers
established
• LID Officers and volunteers of selected ALGs and related NGOs and
institutions included support and training in their activities
• Lupon received information materials on the KP
42
6. EMPOWERMENT OF POOR AND VULNERABLE GROUPS, ESPECIALLY WOMEN
AND CHILDREN
Initial research, field visit interviews, and numerous research studies confirm that the justice system
in the Philippines is male dominated, and that barangay mediation and court decisions are often
biased in favor of men, at the expense of women and children, particularly among the poor. 22 As
noted previously in this document, despite existing laws that protect the poor, the reality is that in
practice there is an urban bias which also favors the better off: farmers, fisherfolks, indigenous
people, informal sector workers, women, children, youth, and persons with disabilities are
disadvantaged in numerous ways in the enforcement and implementation of the law.
In Barangays, the majority of Council leaders, punong barangay, and Lupon members are men.
Many of the other barangay committees are also predominantly men, as are the court personnel.
Gender inequality permeates all facets of women’s lives but is particularly harmful in the case of
discrimination against women by the police and in the courts, the very place where they try to seek
refuge from injustice, and which are meant to protect their rights.
The gender issues identified by the community residents in the five partner provinces who attended
the assessment meetings conducted by the consultants and members of the Technical Working
Group of DSWD include the following:
• There are persistent cultural beliefs that condone or legitimize gender inequality and put
women and children at constant risk of abuse. Such beliefs are upheld not only by ordinary
community residents, but by law enforcers, lawyers, health and medical service providers,
educators and even judges;
• Some women cannot attend community activities because they are not allowed by their
husbands to do so;
• Some believe that rape can be the fault of the victim and is condonable if the rapist marries
his victim. Specific cases of rapists marrying their victims, with the encouragement of local
officials, were cited during the community meetings;
• Some also believe that domestic abuse is a private matter. As such, non-family members
like neighbors and barangay officials must not intervene;
• Children are expected to engage in productive or income-generating work and support the
financial needs of their family, if needed;
• Some community residents also believe that there are legitimate reasons for physical abuse
of women such as committing marital infidelity, shaming their husband, getting into debt,
or being negligent in their roles as housewife and mother;
• Other community residents insist that it is alright to beat or inflict corporal punishment on
children to promote discipline and obedience;
• Both residents and service providers think that abused girls need more immediate care and
attention than abused boys because the former is weaker.
Both local agency data and the results of the consultation meetings show the prevalence in all the
five provinces of various forms of gender-based violence and economic as well as physical abuse of
children. There are even indications of widespread under-reporting of such cases since most of the
cases mentioned during the meetings were not officially reported by the victim and attended to by
22
Engendering the Philippine Judiciary by Rowena Guanzon, Aurora Javate de Dios, Damcesses Torres, and
Theresa Balayon, UP Centre for Women’s Studies, UNIFEM and UNDP, 2006
43
local officials. Cases of domestic abuse are not documented properly or named as such. Barangay
officials log them under the category of “physical injury” or “marital trouble.”
Majority of the women in the communities visited by the consultants have not had any orientation
about the laws meant to protect them and their children from abuse. They are not aware of the
procedures on how to file a complaint or where to go for legal, medical and counseling assistance.
Many do not use the barangay justice system to file complaints of domestic violence for a number
of reasons -- because of embarrassment and fear that the community will know about their
predicament and the lack of trust on barangay officials. Muslim and indigenous women have less
access to the BJS than Christian women and problems of violence are usually dealt with by
traditional chiefs or elders in the community.
6.1.1. Poverty in the Philippines
The incidence of poverty in the Philippines is high. With a population of 84,668,000 in 2002, the
Philippines is the 13th most populous country in the world.23 It has one of the highest population
growth rates in Asia (2.4% annually), largely due to the lack of reproductive health rights. The
population is expected to double in 35 years, negating any gains in economic development. In 2005
there were 41.1 million women, and 34% of the population was under 15. The infant mortality was
30/1000 in 2003, and the maternal mortality rate a high 172 per 100,000 (four times that of
Thailand). The large average household size means there are fewer available resources in families
and women have fewer opportunities for employment or participate in the community and public
sector.
The overall poverty situation is severe: the Family Income and Expenditure Survey of 2000 gave
the official poverty incidence as 34% of the population and most studies have found the situation is
worsening. It was estimated that 4.3 million families (or 26.5 million people) live below the
poverty line, 74% of which come from the rural areas.24 Currently, about 45% of the population
lives in urban centers. Two million Filipino families live below the food subsistence threshold. 25
Poverty levels differ across the country and there are big regional disparities, Philippines also has
the highest levels of income inequality in Asia, with the income shares of the richest and poorest
20% of the population equal to 55% and 4% respectively of the gross national income. The per
capital gross national product was $3,971 in 2000.
The Philippine government is targeting poverty by integrating the Millennium Development Goals
into the Medium-Term Philippine Development Plan 2004-2010, so that government policies and
plans simultaneously address national and MDG targets. There are serious concerns that
Philippines will be unable to meet all the MDGs, particularly targets on maternal health, access to
reproductive health services, nutrition, primary education, and environmental sustainability, though
there are better prospects for education targets.
The huge socio-economic disparities and widespread social exclusion have huge implications for
poor people’s access to justice, in particular for women and children. Women’s labor force
participation rate lags behind men (52% to 81% respectively), and women who are unable to find
formal sector employment, end up in the informal economy where wages are low and working
conditions poor. Women with low skills and in poorly paid jobs become dependent on male
23
Projected estimates based on census of population, Philippines National Statistics Office, 2000
24
Asian Development Bank Country Gender Assessment: Philippines 2004
25
National Statistics Office, 2004
44
incomes, which hamper women’s personal autonomy, equality and well being. Moreover, women
are routinely discriminated against in government programs, for example, making up only 34.8% of
agrarian reform beneficiaries, and facing male bias in the court system.26
It is therefore not surprising that women are increasingly finding employment overseas, and in 2001
there were one million overseas Filipino workers (OFWs), 49% of whom were women. While this
enables women to send money home to their families, it also makes them vulnerable to economic
and social exploitation: subject to various forms of coercion, manipulation, physical and sexual
assault, or contract violations regarding pay and conditions. In 1994, it was estimated that 68% of
women overseas had been subjected to physical or sexual violence and exploitation.27 In addition to
the problems OFWs face, their children are often left with grandparents or relatives, which mean
they are more vulnerable to abuse and neglect.
According to UN assessments, and to the Alternative Law Groups28, the poorest and most
vulnerable marginalized groups consist of women, indigenous peoples, children, poor farmers and
small landholders, fisher folk, the urban poor working in the formal and informal sector, migrant
workers, and persons living with HIV AIDS.
The following statistics for Capiz and Sultan Kudarat, gives some idea of the extent of poverty in
the target provinces:
Statistics and Indicators Capiz Sultan Kudarat

Total population 2005 724,000 649,000
Child population 2005 319,000 308,000
Poverty incidence rate of 57 61

population 200029
Infant mortality rate 2003 47 55
Under 5 mortality rate 80 82
1995
Maternal mortality rate 158 263
199530
Underweight31 37 35
Net primary enrolment 90 77
rate32
Cohort survival rate to 76 49
grade 6 2002
26
‘Gender Sensitivity in the Court System’ by Myrna Feliciano et al, University Centre for Women’s Studies,
Uni of the Philippines, 2002; ‘Gender Sensitivity in the Family Courts”, Myrna Feliciano & Carolyn
Sobritchea, UP Centre for Women’s Studies, 2005,
27
Philippines Overseas Employment Agency report 1994
28
‘From the Grassroots: the Justice Reform Agenda of the Poor and Marginalized’, ALG Feb 2004, CIDA
(JURIS project)
29
National Statistical Coordination Board, 2000
30
National estimate from National Demographic and Health Survey NSO 1998
31
Prevalence among children below 6 years; estimate from National Nutrition Survey, Food and Nutrition
Research Institute, 2003.
32
Public schools only. Dept of Education
45
In 2000, the poverty incidence by region was highest in the Autonomous Region in Muslim
Mindanao (ARMM 57%), followed by the Bicol Region (49%) and Central Mindanao (48%).
Poverty incidence was lowest in the National Capital Region at 8.7%.
6.1.2. The situation of women
While Philippines has made significant efforts to empower women and advance gender equality,
(the 1987 Constitution affirms women’s equality with men), there is still much discrimination
against women, and no definition of discrimination in national legislation, in line with article 1 of
the Convention on the Elimination of All forms of Discrimination against Women (CEDAW).
The large socio-economic changes over the last few decades have had great impact on women’s
lives, much of it negative. Women received the right to vote and stand for election in 1937, but to
date; women hold fewer senior decision-making positions than men: only 15% of the House of
Representatives are women, and 19% of the Senate.
The proportion of women living in urban areas increased from 33% to 59% from 1970 to 2000.
Women’s educational attainment has steadily risen, so that by 1998, 82% of women aged 20-24 had
seven or more years of schooling, compared with 59% of women aged 40-44. The literacy rate for
women between ages 15-24 is 96%, while for men it is 95%. 86% of girls are enrolled in secondary
school, but only 78% of boys. Many families migrate to more prosperous areas of the country for
work, or to other countries, such as Hong Kong, Singapore, Malaysia, Europe, the United States, or
the Middle East. A high proportion of Filipinos working abroad are women, which has brought
about big changes in family life.
The average woman today, has 3.5 children, whereas 40 years ago, her counterpart had seven.
However, women want even smaller families. Only 33% of married women are using modern
contraceptive methods. Only 58% of births are attended by skilled personnel and a high maternal
mortality rate of 200 per 100,000 births (2000), means that a woman as 1:120 chance of dying in
childbirth.
Divorce is not permitted in Philippines and abortion is illegal, but many women resort to abortions
to meet their family-size goals or to space births, with many negative effects from unsafe abortions.
The estimated annual abortion rate is 25 per 1,000 women aged 15-44, which corresponds to about
400,000 abortions each year. Rates vary across regions, with Metro Manila having the highest rate
at 41 per 1,000. An estimated 100,000 women are hospitalized for abortion complications every
year. The country’s constitution defines abortion as a criminal act for which both the woman
undergoing the procedure and the provider who performs it, may be prosecuted. Given these legal
constraints, and the position taken by the Catholic Church that abortion is immoral and sinful, many
women have little choice but to resort to unsafe clandestine abortions, when faced with an
unwanted pregnancy.
As a response to the CEDAW and the Beijing Platform for Action, the Philippines has formulated a
Plan for Gender-Responsive Development (1995-2025), which guides the medium-term plans of the
government. 5% of the budget of all agencies and local government units is meant to be allocated
for Gender and Development programs, projects, and activities. Several bills have been enacted to
promote women’s participation in development and politics, and to protect women from gender
violence. The government has set up a women’s desk in police stations, women and children
protection units in government hospitals, shelters and crisis counseling facilities for victims of
domestic abuse. In 2003, there were 7,805 reported cases of violence against women, but this is
46
likely to be vastly under reported. Many women interviewed during field visits for the A2J project,
confirmed that women do not take cases of domestic violence to the barangay justice system, and
few have the means or will to pursue them through the family regional trial courts.
The CEDAW committee which considered the 6th Philippines report, noted the following concerns
in regard to the status of women:
• Discriminatory provisions of the Code of Muslim Personal Laws which permit marriage of
girls under the age of 18, polygamy and arranged marriages.
• Inequalities in the Family code, the Civil Code and the Revised Penal Code (e.g. marital
infidelity). Legislation is needed which permits divorce, allows women to remarry after
divorce, and grants women and men the same rights to administer property during marriage
and equal rights to property on divorce.
• The Anti-Rape law of 1997, redefines and expands rape to a crime against the person, and
implicitly recognizes marital rape – but extinguishes the criminal dimension of the action
and severity of the penalty if the offended party forgives the crime.
• Low rates of prosecution and conviction of traffickers and those who exploit the
prostitution of women
• Lack of migrant workers’ rights and vulnerability of women
• Low level of participation of women in elected and public bodies, especially indigenous
women and Muslim women (despite a woman president, five Supreme Court justices, 17
appellate court justices, and two justices in the Court of Tax Appeals)
• High maternal mortality rates, deaths resulting from abortions, inadequate family planning
services, lack of sex education, early marriage and high rate of teenage pregnancies. Laws
relating to abortion, and punitive provisions imposed on women who have abortions need
to be reviewed.
• Women’s limited access to justice in cases of violence, especially in Muslim Mindanao,
rural and indigenous communities.
• The inadequacy of legal aid to ensure women’s access to justice, especially in cases of
violence against them.
These concerns outlined by the CEDAW committee, were echoed throughout the field visits, at all
levels. It is clear that very few women are taking any of their cases to the Barangay Justice System
(where typical cases concern land disputes, collection of debts, petty theft, disputes over salaries or
resources, assaults, and child labor). Most child abuse, sexual assault, domestic violence and rape
cases are dealt with first by the Women and Children’s Desk of the police, and then taken to the
Family Courts (where they exist), or the Regional Trial Courts. Women can request a Temporary
Protection Order from the barangay officials, and DSWD will issue a letter to the Public Attorney’s
office in order to get assistance and legal aid. Most women interviewed during field visits felt that
women would be more willing to take their problems to the BJS, if more women officials and
women lupon members were involved. However, informants also testified that “sometimes wives
are afraid to report their husbands for violence”. There is also a low level of trust by women in the
barangay system where officials are widely believed to be politically partisan, male biased, ignorant
of the law, and lacking in mediation skills. These perceptions are not helped by the fact the punong
barangay is politically elected, rather than impartial/independent.
6.1.3. The situation of children
47
Increasing numbers of children in the Philippines find themselves subjected to abuse, violence and
exploitation because of poverty, malnutrition, and ill health. Children at risk who face difficulties
in accessing justice come mainly from poverty stricken, marginalized and dysfunctional families.
They are often separated from their families to varying degrees, out-of-school, lacking social
services, and sometimes suffering from emotional trauma. The main problems for children related
to issues of justice are33:
• Children affected by sexual abuse, sexual exploitation and trafficking. Studies show that a
large number of child victims of trafficking and commercial sexual exploitation have been
recruited from remote and depressed villages, with little basic education. While most
children are ostensibly recruited for domestic labor and a better life in the city, some are
deceived and trapped into prostitution, or trafficked overseas, especially to the island of
Sabah in Malaysia. It is estimated that only one out of ten cases is reported to the
authorities.
• Children in exploitative and hazardous labor. It is estimated that there are 4.2 million
Filipino children working and more than half of these are working in hazardous and
exploitative conditions. These children are mostly found in plantations, deep sea fishing,
the pyrotechnics industry, mining and quarrying, domestic labor and in prostitution. Many
also work in agriculture, but mostly with their parents.
• Children affected by and involved in armed conflict. Between 200-2003, over 300,000
children were displaced by armed conflict in the island of Mindanao alone. It is estimated
that 30% of children in MILF influenced areas are involved in armed conflict: either
directly as fighters, or as camp ancillary workers. Many more children are displaced by the
fighting.
• Children without primary caregivers: Despite a policy of de-institutionalization of

children, residential care remains the main response of government and NGOs to children
who have been orphaned, abandoned, neglected and abused. Between 1998 and 2002, more
than 8,000 children were admitted to residential facilities and of these, over 42%
absconded. More than 9,000 children were also placed in alternative parental care through
adoption or foster care.
• Children in conflict with the law: Between 1995-2000, more than 52,000 children were in
conflict with the law. In 2003, there were 13,000 cases reported by the Public Attorney’s
Office (PAO).
Poverty is a major factor in relation to Children in Conflict with the Law (CICL), and is the cause
of ‘survival offending’. This involves offences committed while children are in the process of
carrying out their livelihood, such as peddling or selling goods on the street, as well as petty
thieving and working on the streets. These are often categorized as “loitering”, or being a
“vagrant”. The poor and street children are unlike the rich, in that they are not able to “settle” with
the police or pay the money required for bail. While children in cities are more prone to come into
conflict with the law, even those at municipal and barangay level may be arrested for substance
abuse (mainly sniffing ‘rugby’) and other minor offences.
In the Philippines, 27% of homes have no electricity, 20% have no access to safe drinking water,
about 33% of family heads are unemployed or under-employed, 15% of families have working
33
UNICEF’s Sixth Country Programme Action Plan, 2005-09, p.51-51
48
children, and 42% of those with children aged 13-16 are not able to send them to school. Children
who suffer domestic violence are pushed to live outside the home, among their “barkada” (gang/or
peer group), which increases their vulnerability, and their chances of offending. The majority of
children arrested are boys (79%-89% in the SC UK study), and the average age is 14.4 years.34
The Philippine Constitution of 1987, addresses the protection of children, and the Philippine
Congress and Supreme Court have provided a specific set of laws and rules for dealing with
CICL35. These include:
• Republic Act (RA) 8369 (1997), or Family Courts Act. This established family courts all
over the country and their jurisdiction. However, to date there are only 97 such courts, at
regional level.
• Rule on Juveniles in Conflict with the Law: issued by the Supreme Court in February
2002, this rule implements presidential Decree (PD) 603 and other laws.
• Supreme Court Administrative Circular No.14-93. This instructs that all disputes should be
subject to barangay conciliation before filing a case in court unless the maximum penalty is
over one year, or the maximum fine is Php 5,000
• Rule on the Commitment of Children: This took effect in April 2002, and is the procedure
applied in court when a child is legally entrusted to the care of the DSWD or child-care
agency/individual. It applies to dependent children without a parent or guardian or
abandoned children.
• R.A.7610 (1991), Special Protection of Children Against Child Abuse, Exploitation and
Discrimination
• Rule on Examination of a Child Witness: issued by the Supreme Court effective from
December 2000.
However, despite the new juvenile justice law (R.A. 9344) there are a number of laws, which are
not consistent with international child rights conventions needing reform, and there are also gaps in
the legislation. For example, the age of sexual consent is still 12 years (governed by a law dating
from 1940). The laws on child pornography are inadequate. In Muslim societies, the definition of
‘child or minor’ is still commonly interpreted as puberty, rather than 9–18, as in the law.
Interviews with regional directors of the DSWD during field visits reinforced the fact that children
are very vulnerable to exploitation, notwithstanding the current legislation. We were told of a pilot
anti-trafficking programme where processing centers were set up in ports, at locations where boats
cross channels between the various islands along the trafficking routes. Boats would be inspected,
trafficked children discovered and sent home. Up to 30 children a month were being intercepted.
But although traffickers may sometimes be charged, almost none are convicted. Cases are
frequently dismissed or the traffickers “buy themselves out”, according to our informants. It was
even claimed that some traffickers are supported by politicians. Part of the problem is the lack of
inter-agency collaboration, and absence of a functioning Barangay Council for the Protection of
Children. The BCPC comes under the control of the DILG and local government, rather than
DSWD, and because they are not primarily concerned with social work, the cases are not vigorously
pursued.
34
From ‘Breaking Rules: Children in Conflict with the Law and the juvenile Justice Process’, Save the
Children UK, 2005
35
From ‘Breaking Rules: Children in Conflict with the Law and the juvenile Justice Process’, Save the
Children UK, 2005
49
However, despite the flaws, the barangay legislation is very important in allowing children
diversion from the formal justice system. This is based on two major pieces of legislation: PD 603
and the Katarungang Pambarangay. PD 603 (1974) ‘encourages’ but does not mandate, the
establishment of the barangay council for the protection of children, which is a multi-sectoral body
tasked with formulating policies and programs to promote and protect children’s rights at the
barangay level. Few are active and even fewer are working with CICL.
The Katarungang Pambarangay was set in place with the promulgation of PD 1508 in 1978. It was
strengthened by provisions in the Local Government Code of 1991, and emphasized by the
Supreme Court in its Administrative Circular No 14-93, issued in July 1993. Under KP,
conciliation can be performed by a Lupong Tagapamayapa (peace-and-order committee) for all
disputes where the parties involved are from the same barangay. However, the appointment of
members of the lupon is limited to barangay officials appointed by the punong barangay. These
tend to be replaced as members, once they lose in the local elections, or the punong barangay is
replaced, thus undermining the sustainability of the system.
While most KP systems are operated mainly on principles of retribution by the Barangay captain
(punong barangay) with occasional referral to the Lupong Tagapamayapa, others are more
inclusive, community oriented, and includes diversion and aspects of restorative justice. For
example, SC UK working with FREELAVA, has set up Children’s Justice Committees (CJC) at
barangay level to handle cases of child offenders, through a community-based diversion and
prevention programme in 12 pilot barangays in Cebu City. These committees include two members
of the Lupong Tagapamayapa, a barangay councilor, the barangay secretary, the Gender and
Development Officer, the Sanggunian Kabataan (SK or Youth Council) chairperson, the chief
barangay tanod (village watchman or sentinel), community volunteers, peer educators, and NGO
members. The CJCs liaise closely with the Women and Children Protection Desk Police Officer,
and with local schools. The principles they espouse are:
• Victims and the community have been harmed and need restoration
• Violations create obligations and liabilities
• Restorative justice seeks to heal and put right the wrong
• Restorative justice belongs to the community
This innovative programme has led to a decline in the number of CICL cases, and better awareness
among the community of children’s rights.
Apart from the laws described above, the Local Government Code gives the city, the municipality
and the barangay the power to enact laws at their levels of governance. Local authorities have
passed various ordinances that apply to children, such as violation of curfews, substance abuse,
anti-peddling, smoking/use of tobacco, loitering and playing video games, and littering. Studies by
Save the Children have shown that many children in cities like Cebu are arrested while seeking
food, plastic and bottles from the rubbish and many are punished with custody, ranging from one
day to one year. While fines are the most likely sentence, failure to pay could still lead to custody.
In Davao, the Children’s Welfare Code, an ordinance passed in 1994, means that children under 15
are punished for breaking curfews, and may be locked up in congested police stations overnight –
which is strictly against the new Code. It suits the convenience of the enforcers and ignores the
rights of the child.36
36
‘Breaking Rules: Children in Conflict with the Law and the Juvenile Justice Process’, Save the Children
UK 2005.
50
The Davao study also revealed that between 1999 and 2003, 18 of 177 people killed in summary
executions of suspected offenders, were children aged 14 to 17. These human rights violations
occurred despite the quite enlightened Davao City Children’s Code.
The Supreme Court has issued 12 special rules of procedure relating to various issues concerning
children, such as CICL, adoption, maintenance of children following separation, and child
protection. The Anti-Violence against Women and Their Children Act of 2004 means that
barangay officials can issue restraining orders (for 15 days) to prevent violence against women and
children, as well as providing assistance to women. The lupon have an arbitration as well as
mediation/conciliation function, but few do this, because they are not trained, and many are
unaware of the law. In addition, although KP are meant to arrange diversion programs for children
in conflict with the law (supervised by the BCPC), few do, and UNICEF reports that less than 40%
of barangays actually have a BCPC.37
6.1.4. The situation of indigenous people
Over many years of colonization and encroachment, indigenous peoples in Philippines have
retreated to their ancestral homelands, often in remote and mountainous areas. But indigenous
societies are now in a process of fast change and transition: no longer can an IP community exist in
isolation from the larger society (if indeed they ever did). Nor can it be free from the incursions of
poor settlers, rebel groups, state agencies, religious organizations, non-government organizations,
speculators, traders, moneylenders, and big business. Their lands are particularly vulnerable
where they include mineral deposits, and where the state is engaged in mining operations.
Although the pace of change varies in different areas of the country, IP communities whether intact,
semi-assimilated or assimilated, are all facing the danger of extinction of their own cultures, even
before the State and larger society have recognized and appreciated their distinctiveness; or before
they have been compensated for loss of lands or marginalization. There are approximately 12
million IPs in Philippines, and nearly 110 ethno linguistic groups. Many tribes with their own
language and culture are organized into officially accredited organizations.
As far as justice is concerned, the prevailing practice of the Barangay Justice System in some
culturally mixed communities, especially in upland and remote areas, gives recognition to the Tribal
Council as the legitimate and effective institution in resolving conflicts involving members of
indigenous communities. The IP justice system has the communal objective of maintaining social
cohesion, which is similar to the concept of restorative justice. It basically seeks to restore order
and harmony to the community, adequately address grievances, and bring forth reconciliation,
rather than retribution.
The National Commission on Indigenous Peoples is an agency providing services to Indigenous

Peoples and attached to the office of the president. It evolved through a series of governmental
reorganizations, trying to properly address the issues of diverse Indigenous Cultural Communities
(ICCs) and Indigenous Peoples (IPs). Established by RA 8371 in 1997, the NCIP has as one of its
major areas of concern, the development of “expeditious and fair legal services”38 The NCIP is
charged with enforcing and enhancing the human rights of IPs, through adjudication of conflicts
through customary laws and traditions, and provision of legal assistance.
37
Personal communication: Albert Muyot, Project Officer, UNICEF, Access to Justice programme Nov
2006.
38
See www.ncip.gov.ph/agency/history.htm
51
The main areas of legislation which are of concern to IPs are mining, forestry and land laws, which
conflict with their access to and use of ancestral lands; conflicts with the Comprehensive Agrarian
Reform Law; and harmonization with the Local Government Code of 1991. The NCIP is assisting
in the drafting of guidelines for codification of customary laws and practices – not all of which
conform to national legislation.
Indigenous justice systems have often been eroded in Philippines, but can still work where:
• Indigenous socio-political structures are still intact (e.g. local tribal chieftains and council
of elders)
• There is a high degree of social cohesion among the community and clan members
• Customary laws are observed in conflict resolution processes (e.g. mediation, arbitration,
sanctions, fines etc)
• Community resources are available to support the fines imposed on ‘offenders’ and both
the aggrieved and offending parties agree to enter into a social contract and ritual towards
restoring positive social relations.39
6.2. Indicators of achievements
For Result 5: Poor and vulnerable groups (i.e. women and children) in the barangays know
their rights and are aware of the legal procedures:
Purpose • 40% of target inhabitants in up to 1080 barangays within the project areas are
level effectively informed about their basic rights and the Justice System, and are
aware of services for victims (provided by DOJ, DSWD, Local Government,
NGOs, churches, mosques, and CBOs)
Result level • IEC strategies of various stakeholders (DOJ, DILG, DWSD, and selected
ALGs) formulated and operational
• 5 women advocates per target barangay (i.e. in total 5400 women) are oriented
on their rights and on the legal procedures
• Number of women advocates active in disseminating information to their
community as measured by community meetings, distribution of materials,
involvement in mediation and dispute resolution
• Number of women volunteering as mediators on reconstituted Lupon, involved
in BJS training, and supporting women and children in accessing justice.
• Increased numbers of women and children bringing cases to the BJS and the
Family Courts
Activity • TNA conducted

level • Training Program Formulated
• At least 5 women advocates in target areas attended (i.e. a total of 5400 women)
• Selected ALGs, related NGOs and institutions have inventoried information
materials on rights of women and children
• At least 1 women and children’s advocate per barangay is trained (i.e. a total of
39
Indigenous Administration of Justice and its impact on the Protection of Children: the Tagabawa-Bagobo
and Subanen Experience, Save the Children UK, 2006
52
1080 day care workers)
• Women and children’s advocates meet LID officers at least once a month
• Meetings of day care workers, health workers and women leaders with parents,
patients and other target groups in co-ordination with the LID officers
conducted regularly
53
7. TRAINING OF POLICE OFFICERS
7.1.1. Police organization
At national level the main policy body is the National Police Commission (NAPOLCOM), under
which is a Secretariat, a National Appellate Board, and seven services including the Planning and
Research Service, Installation and Logistics Service, Crime Prevention and Coordination Service,
Legal Affairs Service, Inspection, Monitoring and Investigation Service, Personnel and
Administration Service, and Financial Service. At regional level, there are 19 Regional Appellate
Boards, 16 Commission Regional Offices, and 16 Regional Offices.
From national level, the structure proceeds through regional and provincial levels to the
city/municipal level where the A2J project is targeted. At each of these levels the police structures
relate to civilian Peace and Order Councils, in essence committees of elected representatives. Thus
at municipal level, the Peace and Order Council will be chaired by the Mayor or his/her delegated
representative. The powers of this Council are quite extensive. They have, for example, the
authority to order the deployment of police to deal with specific law and order problems.
The ‘PLEB’ (People's Law Enforcement Board) is a further civilian committee which operates at
municipal level. This Board receives, investigates and adjudicates on complaints against police
officers. This is relatively unique. In international terms, it is generally police structures which
investigate complaints against police officers.
The national → regional → provincial → municipal hierarchy within the PNP incorporates
channels of communication between each level to promulgate policy, and raise issues. At municipal
level each Chief Officer organizes a weekly meeting of the entire complement of officers known as
the Police Information and Continuing Education (PICE) meeting. This meeting serves to
disseminate information from higher levels, to brief officers on priorities at local level, to identify
issues which need to be taken up with the provincial command and to provide regular continuing
education to police cadres. Similarly there are regular meetings between municipal police chiefs
and the provincial command, between the provincial and regional commands, and regional and
national levels.
Since the target level – the municipalities – relate primarily to the Provincial Directorate, it is useful
to examine the structure at provincial level. It is also important to note that it is both the Municipal
and Provincial levels which provide operational policing services. The Municipal level is probably
best described as ‘generalist’ policing with officers dealing with a broad cross section of crime
(with the exception of WCD officers, and the diversification into specialist roles found in larger
municipal stations). The Provincial level provides specialist officers for investigations, scene of
crime management etc.
54
Provincial
Director
Deputy
Director
Finance & Logistics Human Operations Intelligence Investigation

Admin Resources
Community Mobile
Relations Police Units
Municipal
Police
Stations
In operation, the hierarchical structure can best be understood from the current initiative on
community policing. This reform is part of the national strategy for policing. A short course has
been designed at national level, by the Human Resources and Development Directorate. The short
course is being run by Regional Centers on the ‘quota system’ under which each Municipal station
is allocated a number of places and forwards names to the Provincial Directorate. Once approved,
officers are delegated to attend the course. A plan for the inception of Community Policing is drawn
up by each Province, with input from the Municipal levels, and submitted to the Regional
Directorates.
7.1.2. Community Policing
Since Community Policing is highly relevant to A2J, it is worth providing brief information on this
initiative within the institutional assessment.
The US Department of Justice has (perhaps somewhat bravely since this is a complex reform)
developed a short definition of community policing under three headings:
Organizational Elements: Tactical Elements: External Elements:

1. Philosophy Adopted 6. Enforcement of Laws 9. Public Involvement in
Organization-Wide 7. Proactive, Crime Prevention Community Partnerships
2. Decentralized Decision- Oriented 10. Government and Other
Making and Accountability 8. Problem-solving Agency Partnerships
3. Fixed Geographic
Accountability and Generalist
Responsibilities
4. Utilization of Volunteer
Resources
5. Enhancers
55
These 10 elements comprise the main ingredients for the community policing approach, known in
the Philippines as the Community Oriented Policing System (COPS).
This approach represents a major change to policing, under which the police become a service
meeting the expressed needs of their communities, rather than a force whose main task is to exert
control. It is a recognition of the fact that policing cannot operate successfully in democratic
societies without the consent of the public, nor without public cooperation. Importantly this does
not mean that in an attempt to carry favor with civilians, law enforcement is abandoned. However it
does mean that individual police officers are able and encouraged to use their discretion when
dealing with offenders, and that there is a priority placed on good community relations as a means
of gathering intelligence on criminal activity, and on partnerships to attack crime through
prevention and diversionary measures designed to impact beneficially on the development of
criminal tendencies. The COPS approach necessarily means that policing becomes proactive in
working towards reducing (the fear of) crime, rather than reactive (i.e. investigating, charging and
prosecuting after a crime has been committed). This dimension requires innovatory developments to
enhance police activities rather than a slavish adherence to accepted practice.
The COPS approach is very much in line with international thinking about the future of policing,
but implementing this new philosophy is not easy. It means a wholesale change in the values and
attitudes of all police officers. A culture change of this magnitude is a considerable undertaking,
particularly in circumstances where insurgent violence is a regular feature of police work.
7.1.3. Education and training
Police education and training is organized at both national and regional levels. In effect there are
two training streams. The first, organized by PPSC, comprises initial recruit training and continuing
education related to promotion. Within the PPSC structure, there are three distinct units providing:
• entry training and education for recruits; plus continuing education for promotion
• entry training and education for recruits who will proceed directly to commissioned officer
posts
• specialist post-experience training in forensic science for investigators.
All recruits to the PNP are graduates.
The entry training and continuing education at a) above is provided at the central PPSC site in
Manila, and through a network of regional training centers. Failure to complete the initial training
course would lead to early dismissal for recruits, and either failure to be accepted onto a promotion
course or failure in the assessment would mean an end to career progression. The fast track
provision at b) leads to a degree and is based at the Police National Academy. Overall, therefore,
PPSC is a powerful gatekeeper in police recruitment and career terms.
The courses provided are a mix of academic content and practical skills. In the semi-structured
discussion sessions, the vast majority of the feedback from serving officers was very
complimentary about the PPSC courses. They felt well equipped by their training to take on most
roles either at entry level or following promotion. Municipal Chief Officers from the three
provincial commands surveyed all commented that newly trained recruits ‘hit the ground with their
feet running’. In terms of readiness for innovation, for example to shift towards a community
policing approach, Chief Officers also commented that the policy of graduate recruitment should
56
facilitate changes of this type (though it was also noted that after a couple of years’ experience the
graduates’ initial enthusiasm for change could wear off40).
There was very little criticism of the PPSC-led training. On occasions junior officers who had
responsibilities for investigation felt that they could have received more training in this aspect of
police work. As initial recruit training provides awareness levels across a broad range of police
skills, this problem could be interpreted more as a difficulty associated with their deployment rather
than a failure of initial training. It is, however, worth noting that on two occasions these officers had
WCD responsibilities.
During a Focus Group discussion with serving officers held in Manila, and at one discussion
session in a municipal station, there was critical mention of the academic bias in PPSC promotion
courses. This is possibly a more contentious viewpoint. It could certainly be argued that the policy
of graduate recruitment and of career-long academic and professional education places the PNP
ahead of other police services internationally. The case for graduate recruitment and an academic
base to continuing professional education rests on the argument that in a rapidly changing and
increasingly complex world, up-to-the-minute knowledge and analytic abilities are needed to cope
with the challenges of modern criminal endeavors. Nevertheless to be effective, a knowledge base
needs to be complemented by practical skills. It is this combination of knowledge and skills which
provide competence.
The second stream of training consists of short courses run by the PNP. These were not examined in
the same depth. However, two observations were made. First, there can be a lack of training for
specialist roles with investigation skills and the WCD role being most frequently cited. Secondly,
there was a distinction made between ‘real’ training, and very short seminars. To be taken seriously
training has to have certain duration. The five day programme proposed may just fall within that
required duration, provided there is sufficient depth of content and practical application.
7.1.4. Strengths and weaknesses
One of the municipal stations visited had, in recent years, reduced in strength from some 24 officers
to eight. This was due to officers leaving, retirements etc. and replacements not being allocated. The
vehicle had not been usable for some considerable time, and the radio system did not work. The
station itself was dilapidated; the cell door had been repaired with wooden batons and nails. The
eight officers served what was visibly an extremely poor area, consisting of 21 Barangays and a
population of some 16,000 people. They also had responsibility for a stretch of a busy main
highway, and therefore had to deal with relatively frequent traffic accidents. Somewhat poignantly,
on the wall there was a framed certificate for First Place in the 2001 regional competition for the
station providing the best service to its community. The present capacity of this station to take on
significant development work is obviously quite severely limited.
At the other end of the spectrum was a station of 18 officers serving 15 Barangays, all of which
were in a 9 km. radius from the station. All Barangay were visited monthly by the Police Chief
personally, accompanied by other officers. Eleven of the Barangays were within the urban area of
the municipality, and so could be beat-policed with daily visits by officers.
40
This observation echoes research findings that suggest the first two years’ professional experience are the
most critical years for developing values and attitudes [Erault M (1994) Developing Professional Knowledge
and Competence, Falmer Press, London]
57
In between were stations where the Chief of Police reported that Barangay Captains frequently
sought police advice and assistance, others which provided regular seminars for Barangay officials,
and instances where individual officers were assigned to particular Barangay making weekly or
fortnightly visits in order to develop closer relationships with the communities.
Essentially the picture is one of diversity with regard to building better contacts with the poor,
particularly when these are members of distant rural communities where there are transport
difficulties. Unserviceable police vehicles are a frequent problem.
The second variable is the number of officers available. Some stations can be significantly under
strength and do not have the human resources to get to all locations on a regular basis. There are
plans to increase police recruitment and to increase the number of female officers to 20% of the
new intake. Many of the stations had adopted a rotation policy for new recruits, under which they
get involved with different aspects of policing over their initial 6 months’ experience. This might
involve some time on traffic duties, on patrol, guarding, station reception, investigation etc.
The final consideration is the ability of the poor to visit police stations to report crimes. First, this
involves the cost of transport and even a bus fare can be problem (which may be more acute for
women than men). One Chief Officer was trying to secure funds to meet the travel costs of victims.
Secondly, in order to prosecute, a fee for filing the case has to be paid. This can be beyond the
means of the poorest members of society. New legislation may remove this cost in approved cases
(where the prosecution service decides to waive the fee). How this will operate in practice is still
not clear, though if additional travel is needed to secure a fee waiver it still may not meet the needs
of the rural poor.
The BJS has undoubtedly improved A2J for rural communities in particular, though there must be
some concern about collection of crime data and also the propensity for officials to overstep the
bounds of their legal authority.
Law Enforcement: in spite of various reforms and public relations campaigns, the image of the
police continues to suffer. This is a result of such misconduct as the use of unnecessary or excessive
violence, neglect in the custody of prisoners, abusive conduct, immorality, extortion, and
irregularity in connection with the investigation of criminal cases. This negative image is
compounded by problems relative to the administration of justice that include the following matters:
• Delay in the transmittal of cases to the prosecutor;

• Inadequate skills in investigating and in the handling of evidence;
• Non-appearance or lack of preparation of police officers in trials;
• Lack of coordination among the police officers;
• Failure to effect arrest;
• Inadequate communication skills;
• Accusations of human rights violations41.
41
APJR p. 39.
58
7.1.5. Training Needs Analysis
The Training Needs Analysis (TNA) was carried out during February and March 2007. The
European Consultant, Mr. Ian Woodward and Colonel Lopez from the Philippines Public Safety
College (PPSC) gathered data from three of the pilot provinces – Mindoro Oriental, Lanao del
Norte, and Camarines Sur. Colonel Lopez completed the process with data collection from Sultan
Kudarat and Capiz. In each province, the TNA team visited the Provincial Headquarters (a) as a
matter of professional courtesy, (b) to facilitate the process of data gathering and (c) to enquire
about current priorities in the (national) police reform programme. These meetings provided useful
insights and have hopefully secured the support of the Provincial Directors to further the A2J
agenda.
The main research instrument was a questionnaire, supported by semi-structured discussions with
respondents and by ad hoc informal discussions.
The decision to carry out the TNA through personal visits to Municipal Police Stations was made
for three main reasons. First the overall A2J programme is targeted at Municipal and Barangay
levels, with a required output that action plans are generated at municipal level. It is therefore
essential to collect data at – in the case of the police – municipal level since it is here that there is
direct contact with both municipal authorities and the Barangay. Secondly, personal visits to
municipal stations would ensure a higher response rate than a postal survey. Finally this approach
allowed for discussion sessions to elicit qualitative responses, verifying and extending the
information available from the questionnaire. The discussion sessions focused on:
• the effectiveness of partnerships with other agencies

• barriers to implementing improved A2J
• the impact of PPSC-led education and training
A. Results of the TNA
1. Demographic data
A random sample of 311 respondents from the five provinces was drawn from a total of 31
Municipal Police Stations. The respondents represented all ranks from PO1 up to Senior Inspector,
and held a range of responsibilities.
2. Training record
Respondents were asked to list the training they had received over the last five years.
PSBRC PSJLC PSSLC PSOCC PSOBC PSOAC Other 1 Other 2 COPS

120 44 28 14 13 4 349 77 25
17.8% 6.5% 4.2% 2.1% 1.9% 0.6% 51.8% 11.4% 3.7%
The courses prefixed by ‘PS’ are the training programs run by PPSC from initial recruit training
through to promotion to commissioned officer ranks. Success in these courses is essential to
commence service with the police, and to rise through the ranks. To the extent that these are
examinable long courses lasting between three and six months, they differ in character from most
short courses which are not assessed and seek to deliver fairly immediate impact through changes in
police working practice.
59
The ‘Other 1’ category contains those courses which are not strictly relevant to A2J: PNP Scout,
Close Quarter Combat, various administration courses, general investigation skills etc.
‘Other 2’ are relevant to A2J: WCD operations; Human Rights, Barangay Tanod Professional
Development, Drugs Education…
The Community Oriented Policing System (COPS) is a ten-day course now being rolled out
nationally. This course supports the introduction of community policing as a priority of the Police
Reform program42. There are strong similarities in the philosophy and approach of A2J, and of
Community Policing. Officers who have had exposure to COPS training, even at second hand, are
more likely to be in tune with the aims and approach of A2J. Though only 3.7% of all training
received in the last five years has been COPS, the total number of officers who have received this
training (25) equates to 8% of the sample. However, there are significant differences by province:
These differences are presumably a function of the progress made in different Regions and in those
constituent Provinces surveyed, with delivery of COPS. There will be a need to adjust the A2J
course to take account of the differences between progress with COPS in different areas. It may also
be useful to ask officers prior to registration whether or not they have attended COPS training and
allocate those who have across different syndicate groups.
Overall, officers have received on average just over two training episodes each, which they can
remember attending. It may well be that on average more training has been received, however if the
respondents cannot recollect particular episodes, the impact is likely to have been limited.
The career development courses run by PPSC all have content and aims relevant to A2J – gender
sensitivity, police-community and media relations, and human rights. These are progressive
courses, moving from a broad awareness level across a range of policing topics for the Basic
Recruit Course, with more depth being pursued within the Junior and Senior Leadership programs
for NCOs, and the entry training leading to promotion to commissioned ranks. The basic courses
are mandatory for all police officers, and they cannot progress though the ranks without
successfully completing intermediate and advanced level training.
Programs of Instruction (POI) are provided for the basic and career development courses at
Appendix 3. It should be noted that cross-cutting issues (human rights is a good example) are not
only taught as separate subjects but are also incorporated into other modules as appropriate.
There is an evident imbalance in short course provision between the ‘Other 1’ group of courses
representing the more traditional policing skills, and the ‘softer’ skills associated with A2J which
are grouped as ‘Other 2’. This remains true even when the COPS training figures are added to the
‘Other 2’ statistics.
Whilst on average, officers have attended two training episodes, in practice the more senior
officers have a higher rate of attendance than those lower down the ranks. This fact, taken
together with the higher incidence of traditional policing courses, increases the likelihood that that
junior ranks will not have attended A2J relevant short courses. With the exception of one female
chief officer, no female WCD police officer in the sample has attended a relevant short course for
her duties. Informal discussion indicated that officers at municipal level did not feel that they were
60
offered sufficient access to short courses, in part due to the fact that places on these courses were
first allocated to those serving in regional/provincial commands.
3. Values and attitudes
Over 65% of the sample considered that there should not be any special arrangements to facilitate
access to justice for the poor. A possible explanation for this view is the doctrine that all citizens are
equal before the law.
Moreover, in informal conversations a certain amount of cynicism was expressed about pro-poor
strategies. There was a feeling that society overall was not oriented towards alleviating problems of
poverty and therefore for the justice system to promote A2J might be seen as a token gesture.
Certainly violence is strongly rejected, and there is clear support for equal educational
opportunities. Responses to the question about ‘natural leaders’ are more equivocal, but perhaps are
not as male-biased as might have been expected.
4. Self assessment of relevant competences
1) 61.1% felt that they were comfortable dealing with juvenile offenders
2) 59.3% were confident about their knowledge of Human Rights procedures in policing
3) 50.3% of the sample considered they had good knowledge of the Barangay Justice System43
4) 44.2% believed they could deal well with domestic incidents
5) Only 42.7% felt they were well equipped to deal with rape cases
6) And no more than 31.8% felt sufficiently knowledgeable about human trafficking.
From discussions with police officers, and observation, there is little doubt that knowledge of
Human Rights is satisfactory. Their ability to conform to HR requirements is hampered more by the
physical conditions within stations (e.g. lack of confidential areas for interviews; suspects held in
cells which are open to public view).
Competencies to deal with the three specific crimes – rape, domestic violence, and human
trafficking – do require strengthening. However, these are specialist areas and require a more
substantial training input than can be achieved within a five day course.
5. Partnerships
Respondents were enthusiastic about partnerships. Almost 90% of respondents believed that
cooperation with DSWD was excellent and a similar number felt that more cooperation with
Municipalities would be beneficial.
This confirmed the view that partnership arrangements with DSWD were in the main operating well
though there was some variation. For example, one station Chief reported that individuals could still
be sent back and forward between the police and DSWD due to confusion over responsibilities.
Another commented that DSWD officers were not always available when required (e.g. to take
responsibility for juveniles – those under 18 years of age – who have to be placed in DSWD care
within eight hours of their detention). One Chief Officer noted that the relationship locally with
DSWD had improved considerably after Social Work staff had been trained in the requirements of
the Juvenile Justice Act.
61
Where secure accommodation was not available in the immediate locality, juveniles under detention
were transported to the nearest available accommodation, generally in the provincial capital.
In virtually all municipal police stations, there were efforts to make and maintain contacts with
Barangay authorities. Again, this was reported as working reasonably well, though there were some
reservations. The target is to assign one or two officers to each Barangay, to make regular visits to
and develop contacts with the community. The ratio of officers to Barangays can make this
impractical. There can be difficulties with transport, particularly lack of vehicles; also on occasion
boats are required but are not available. Finally there can be security difficulties to a degree where
military escorts are necessary. The net effect is that only one of the stations visited was making
regular contacts with all the Barangay in its area, and in this case nearly all the Barangay were
urban44.
Concern was expressed about the operation of the Barangay Justice system. In two of the three
provinces surveyed in the first instance there was some attempt to collect data on the crimes now
being disposed of at Barangay level. This data was not, however, included in the statistics which are
eventually compiled at national level. The third province did not collect any data. There is,
therefore, a level of mostly minor crime which goes unrecorded. At times more serious crime is
dealt with at Barangay level, and concern was also expressed that Barangay captains in some areas
were not sufficiently knowledgeable about the limits of their powers. This can include resolving
domestic violence cases through mediation, though technically it is an offence which should be
brought to the attention of the police. Perhaps most importantly, this can mean that there is no check
on whether the mediation has been successful.
6. Training needs
The preference for communication and public education probably reflects the reality of police
activity with communities at Barangay level. The demand for more training in relevant law
certainly reflects this reality since both their own inclination as law enforcement officers and public
expectations mean that they often provide public consultation on legal questions (including civil
law). Responses have been grouped under the term ‘relevant law’. Under this heading there is
considerable variation in the branches of law about which respondents would like greater
knowledge.
Partnership – in various guises – was a recurrent theme. The building of effective partnerships is a
central plank of the A2J programme and should therefore be included in the training programme.
Community projects – such as diversionary schemes for youth – are not mentioned. Informal
discussions suggest that officers believe this sort of activity is the job of the municipality rather than
the police.
Victim support was mentioned in various forms from informing victims of the progress being made
in the legal process, through support for witnesses, to more comprehensive schemes for providing
counseling and other assistance to victims.
B. Conclusions
62
There are three main factors which will enable the implementation of improved A2J. Firstly, senior
officers commented that the policy of graduate recruitment had produced major improvements in
effecting change within the PNP. Secondly, the national policy of implementing community
policing should also facilitate the implementation of A2J, since the underpinning philosophy of
community policing requires development of strong relationships with the public, and
responsiveness to public concerns and demands. Finally, there is an established communication
system within the PNP structure which should provide an effective route for policy dissemination
from national to municipal levels. Approaches should be made at national level to ensure that A2J is
seen as complementary to Community Policing, and that the communication system within the PNP
is utilized to support the A2J initiative.
The main barrier to implementation will be the low level of resource available in some stations. If a
station is significantly below strength, and there is a lack of transport and communications
equipment, it is hard to see how substantial new initiatives such as A2J can be developed.
Result 6 – Police officers in target areas are familiar with human rights issues, the BJS and
related implementation procedures, are gender sensitive and are conducting their assignment
accordingly.
Result level • At least 25% of police officers or up to 335 police officer in the 36 target
municipalities have attended trainings and applied knowledge learned in their
work
• Effectiveness: conference review of implementation; and reference to crime
reporting statistics.
• Sustainability: application of the methodology to further improve A2J at local
level (conference review)
Activity • At least 1 module per topic selected
level • At least 25% of police officers per project area trained
• Number, gender and roles of participants
• Written participant feedback on the three day course
• Action Plan developed in project areas
• Review of action plans: feasibility, partnerships, relevance to A2J in the local
situation
Result 7 – Curricula of Police Training Institutions include adequate modules on human

rights, the BJS and related implementation procedures, the rights of children, gender issues
and the economic and social conditions of the poor.
Result level • Enhanced curricula of at least 1 Police Training Institution incorporating
modules on human rights, the BJS and related implementation procedures, the
rights of children, gender issues and the economic and social conditions of the
poor.
Activity • Assessment conducted to identify specific areas needing enhancement
level • Curricula revised
• Instructors training designed and implemented
63
8. LEGAL REFORM
8.1.1. Context overview
The flurry of activities involving the review of laws in the Philippines affecting the status of women
began as early as 1975 when the UN General Assembly in a resolution proclaimed 1975 as
International Women’s Year which put into effect the declared goals of equality, development and
peace.45 But the seminal work was initiated by then Dean Irene R. Cortes of the UP College of
Law with her lecture on “Women’s Rights Under The 1973 Constitution” on 31 July 1974, wherein
she posed the query on the status of women in Philippine law – pedestal or cage? Although our
history as a people has held the Filipina in high esteem, a succession of colonial rules has resulted
in male dominance established by law. According to Dean Cortes, the steady advance of women’s
rights was due to no small degree to male champions of women’s rights who worked hand in hand
with the women themselves. This is true of the amendment of the paraphernal property law,46 the
extension of the vote to women,47 the amendments in the New Civil Code48 the numerous labor and
social legislation,49 the New Labor Code,50 and the Child and Youth Welfare Code.51
Thus, this article and the observance of the International Women’s Year provided the impetus from
a legal standpoint in a reexamination of existing laws to determine whether a need for reform exists
and if it does, the kind of reform to bring about. The statutory classifications were subjected to
close scrutiny not only when they impose restrictions on women but also when they purportedly
grant them certain concessions or special privileges. It also led to the Philippines ratifying the
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) on August
5, 1981.
In 1987, the Philippines embarked on mainstreaming gender and development (GAD) long before it
became an international norm. It began with influencing the 1987-1992 Medium-Term Philippine
Development Plan with the incorporation of the phrase that recognizes the imperative of effectively
mobilizing women in the overall thrust of harnessing the country’s human resources to reduce
poverty, generate employment, promote social equity and justice, and attain sustainable economic
growth. This became the basis for the Philippine Development Plan for Women 1989-1992
(PDPW), as a companion volume of the mid-term plan prepared by the National Commission on the
Role of Filipino Women (NCRFW) and the National Economic and Development Authority
(NEDA).52 This was followed by the Philippine Plan for Gender-Responsive Development, 1995-
2025 (PPGD), a strategic plan that translated the Beijing Platform for Action into policies,
strategies, programs and projects for Filipino women. The formulation of the PPGD involved
government agencies, and GAD advocates in non-governmental organizations (NGOs) and the
45
GA Res. 3010 (XXVII), 27 January 1973.
46
Civil Law, arts. 135-141.
47
Const., art. V, sec. 1 (1935).
48
Civil Code, arts. 39, 97, 112, 114, 115, 117, 130, 161, 166-167, 173, 178, 191, 212-213, 283-289,
311, 363, 1047 & 1327.
49
Rep. Act 679 (1952), as amended by Rep. Act No. 1131 (1954) and Pres. Decree No. 148 (1974);
Rep. Act 2714 (1960).
50
Pres. Decree No. 442 (1974).
51
Pres. Decree No. 603 (1975).
52
NCRFW, Report on The State of Filipino Women, 2001-2003, Executive Summary, p. 1.
64
academe.53 Likewise, Senators Leticia Shahani and Santanina Rasul commissioned Professors
Myrna S. Feliciano and Ma. Lourdes A. Sereno to examine the statutes passed from 1901 to 1987
when the Philippine Constitution was ratified in order to determine which laws are discriminatory
against women.54 As a result of this study, several statutes were passed among which include
Republic Act No. 6725 (1989) which spells out what constitutes discrimination against women
employees, Republic Act No. 7192 (1992), the Women in Development and Nation Building Act,
and Republic Act No. 6955 (1990) which outlaws the practicing of matching Filipino women to
foreign nationals on a mail-order basis or through introduction for a fee.
Since then, Philippine laws have undergone reforms, especially in the area of violence against
women and children. Republic Act No. 7610 (1992) gave special protection of children against
abuse, exploitation and discrimination, Republic Act No. 7877 (1995), the Anti-Sexual Harassment
Act, Republic Act No. 8353 (1997), the Anti-Rape Law; Republic Act No. 8505 (1998), the Rape
Assistance and Protection Act, Republic Act No. 9208 (2003), the Anti-Trafficking in Persons Act,
and Republic Act No. 9262 (2004), the Anti-Violence Against Women and Their Children Act.
8.1.2. Review of literature relating to women and children
A. Preliminary consideration
Gender approaches to law and human rights have been emerging the past decade or two. The first
approach of law to women was patriarchal, and treated women as a form of property. The next layer
was very well intentioned and moved from the patriarchal approach to a protective approach as
evidenced by many maternity protection laws particularly in labor conventions. The protectionist
approach was the first genuine attempts to improve women’s situation, but some were thought to be
too paternalistic because they did not necessarily take into account the wishes of individual women.
The third layer was the sex-neutral or the “non discrimination on the grounds of sex” approach,
which tried t o reform law in ways that ensured women are treated like men, especially in access to
education and wages, but the criteria were always men. (Cook, 2002)
The framework for examining strategies according to Friedman’s approach to understanding the
structure and interactions of the legal system by breaking it down into three components: the
substantive (the content of the law), the structural (the courts, enforcement and administrative
agencies of the state) and the cultural (shared attitudes and behavior towards the law). (Schuler,
1986)
The General Systems Approach was used in this study. The Societal regard for women and their
issues serves as a background when state legislation, policies and programs are examined. Based on
the existing state efforts for women’s protection and promotion gaps were identified.
These gaps need not necessarily be wanting of government action alone, but may also need
attention from civil society. In other words, in addressing the gaps, there may be corresponding
changes in the societal regard for women’s issues.
53
Ibid.
54
Const., art. II, sec. 14 declares that “The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and men.
65
What are the gaps in
Philosophical basis: What are the existing
legislation, policies, and
Society’s government policies,
programs in order to
marginalization and programs and laws to
effectively protect and
delineation of women address such concern?
promote women’s
rights?
The review process went through document scanning. The following processes were done: selection
of documents, distribution of documents according to sector (labor, violence, gender and justice) to
two research staff, document reading and note taking and finalization of the review of literature.
Time constraints dictate that the number of written works to be included in the review be limited.
Many of the materials came from Professor Feliciano’s collection, and as well as from the UP Law
Library. At this point, the actual profile of documents reviewed includes: 27 books, 42 articles, 3
publications of fora/discussions, 2 compilation of legal materials and a training module in compact
disc form.
B. Women
1. Labor
Inequality can exists in law (de jure) or in practice (de facto).Discrimination can result not only
from treating men and women differently but also from treating them the same way as if they were
located on a level playing field, when in fact the field is far from level and is in fact more
advantageous for men. Thus, laws that are considered gender-neutral are actually better described as
gender-blind, impervious to women’s existing disadvantages. Discrimination limits women’s
admission to the labor force as well as the quality of work delegated to them.
Although the labor participation rate women, the labor force is still predominantly main. The
usually barriers for women, such as gender-typing of occupations, and the lack of professional
training available to women still exists. Moreover, women's reproductive functions often hinder her
to offer as many work hours as she desires. Thus, women are often relegated to the informal sector
where work time is flexible enough to accommodate household chores and rearing of children.
Because of the lack of employment opportunities in the Philippines and the need to augment family
income, some Filipinos are forced to seek employment abroad. When Filipinas choose to work
abroad, they are employed to perform menial tasks, which women of the receiving country choose
not to perform. They are also often subjected to all types of abuse and violence.
To alleviate women's economic plight, several laws have been passed aimed precisely at giving
protection and support to women. Article II, Section 14 of the Constitution accords equality of
treatment to workers, male and female. The Labor Code makes it unlawful for employers to impose
marriage as a condition for employment and to discharge women employees to prevent her from
enjoying benefits provided by the labor code. It also imposes a positive duty on employers to
provide facilities for women and family planning services. RA 7192 mandates government agencies
to institute measures that would eliminate gender bias in government policies. RA 7882, and RA
66
8282 ensures the increased participation of women in Enterprises and allows them to avail benefits
under SSS despite lack of employment in the formal sector. The Magna Carta for Migrant Workers
established Monitoring Centers to help address the concerns of Migrant Workers.
2. Empowerment
The content and spirit of CEDAW and the Beijing Platform for Action issued in the Fourth World
Conference on Women have been incorporated into various Philippine laws and documents with
specific focus on gender and women’s concerns, particularly the Philippine Plan for Gender-
Responsive Development 1995-2025 and the Framework Plan for Women. The Framework Plan for
Women has a three-pronged agenda: economic empowerment, human rights, and gender-
responsive.
Since 1995, The Philippine Congress has passed several laws that have implications on women’s
situation in micro enterprise and microfinance. Among these laws are An Act Providing Assistance
to Women Engaging in Micro and Cottage Business Enterprises, and for Other Purposes (Republic
Act 7882, February 20, 1995), An Act to Strengthen the Promotion and Development of, and
Assistance to Small and Medium Scale Enterprises, Amending for that Purpose Republic Act No.
6977, Otherwise Known as the “Magna Carta for Small Enterprises” and for Other Purposes
(Republic Act No. 8289, May 2007), An Act Institutionalizing the Social Reform and Poverty
Commission, Defining Its Powers and Functions, and for Other Purposes (Republic Act No. 8425,
December 11, 1997), and An Act to Promote the Establishment of Barangay Micro Business
Enterprises (BMBEs), Providing Incentives and Benefits Therefore, and for Other Purposes
(Republic Act No. 9178, November 13, 2002).
3. Violence against women
Violence against women occurs in the context of unequal gender relations where male power and
control over women is exercised as a matter of fright that is often sanctioned by society’s norms and
institutions. Simply by her gender, a woman is once at risk and vulnerable to violence. Violence
against women means an act that is gender-based that results or is likely to result in physical, sexual
or psychological harm suffering to women. This includes threats of such acts, coercion or arbitrary
deprivation of liberty whether occurring in the private or public life. Violence against women
encompasses, but is not limited to, the following acts: physical, sexual, psychological violence
occurring in the family, including battering, sexual abuse of children in the household, dowry-
related violence, marital rape, female genital mutilation and other traditional practices harmful to
women. It also includes non-spousal violence and violence related to exploitation.
The Anti VAWC Law of 2004 was enacted to specifically address and respond to the distinct nature
and circumstances of domestic violence. Prior to this law, battered women have recourse only in
existing civil and criminal laws.
The UN adopted the UN Convention for the Elimination of All Forms of Discrimination Against
Women on 18 December 1979. With the exception of Article 6 on the trafficking of women, the
Convention does not explicitly address violence against women. In response to this Convention, the
following laws were enacted.
Anti-Sexual Harassment Against Women Act (RA 7877). The Philippines is the first country to
enact a law against sexual harassment. The policy lies in the respect for human rights and dignity of
workers, employees, and applicants for employment, students and those undergoing training,
education or instruction. Section 3 of the said Act does not really define sexual harassment, and the
67
phrase “regardless of whether the demand, request or requirement for the submission is accepted by
the object of the said act” is problematic because the very nature of the offense is that it is
unwelcome.
The Anti-Rape Law of 1997 (RA 8353). Marital rape is recognized impliedly under the law because
it states that in case the husband is the offender, the subsequent forgiveness of the wife as the
offended party shall extinguish the criminal action or the penalty. While there is no crime punishing
incest per se, it is an aggravating circumstance under the present law, where the death penalty is
imposable.
Rape Victim Assistance and Protection Act of 1998 (RA 8505). The law provides for the
establishment in every province and city a rape crisis center located in a government hospital or
health clinic or any other suitable place. A notable feature is the rape shield provision under
Section 6, which provides that in prosecutions of rape, evidence of the complainants past sexual
conduct, opinion thereof or of her reputation is inadmissible unless to the extent that is material or
irrelevant.
Special Protection of Children against child abuse, exploitation and discrimination Act (RA 7610).
A landmark legislation which deviates from the conservative perspective of the RPC and the Child
and Youth Welfare Code by recognizing the psychological and socio-cultural circumstances that
motivate child abuse by embodying the best interest of the child rule.
RA 6955 (1990). This statute makes unlawful the practice of matching Filipino women for marriage
to foreign nationals on a mail order basis, including advertisement, publication, printing or
distribution of brochures, fliers and other propaganda.
4. Access to Justice
Issues of gender equality brought before our justice system necessarily and primarily involve family
violence and child abuse. Key players in the justice system, i.e., lawyers, judges and social workers,
share sexist attitudes having to do with female leadership roles, sexual intimacy before marriage,
freedom of action and intoxication. There is lack of familiarity with gender fair language and the
misconception of those who said that they knew what it meant. Female witnesses are more likely to
suffer from sexist remarks and jokes or comments on their personal appearance and clothing as well
as receiving suggestive comments, unwanted touching and discriminatory treatment.
To address the situation, legislative and structural reforms have been instituted. The Family Courts
Act of 1997 (Republic Act No. 8369) provides for the establishment of a Family Court in every
province and city in the country. The law substantially adopts the definition of the UN Declaration
on Elimination of Violence against Women and it likewise provides for provisional remedies in
cases where violence is inflicted on women and children.
During the term of former Chief Justice Davide, the Committee on Gender Responsiveness was
formed to create a navigational system for correcting the perceived imbalance. It was also during
his term that some of the gender-sensitive and responsive rules were promulgated. These rules
include:: the Rule on Violence Against Women and their Children, the Rule on Administrative
Procedure in Sexual Harassment Cases and Guidelines on the Proper Work Decorum in the
Judiciary, the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct
for Court Personnel, and the Changes in the Salutation in Notices of Resolutions of the Court.
68
As an advocacy and enabling strategy for judicial reform, the Gender Justice Awards was launched
in 2004 by the University of the Philippines Center for Women’s Studies Foundation, Inc., and the
National Commission on the Role of Filipino Women with the support of the United Nations
Development Fund for Women-Bangkok. The Awards is also meant to raise the level of expectation
of the public from our judges, justices, and court personnel. It is also hoped that by encouraging the
participation of human rights’ organizations and advocates of women’s rights and children’s rights
all over the country, they could strengthen their interest and network for judicial reform.
E. Reproductive Health
Philippine statutes are mainly corrective labor and social laws on gender inequality. Most laws
involve the grant of maternity benefits to ease the financial burden attendant to giving birth. Social
services and welfare development through the establishment of daycare centers and information
campaign for breast-feeding has been the main thrust of the Department of Health.
Notwithstanding commendable statute and case laws, the campaign for maternal care and nutrition
will be futile if information dissemination is neglected by the government. On maternal care and
nutrition, our laws have met the conditions of “availability” and “acceptability”. However, there is
room for improvement in the areas of accessibility and quality of care in public hospitals and clinics
for non-paying patients. The Constitution, international agreements, statutes and various DOH
projects cover a comprehensive directory of rights and services pertaining to maternal care, but
should be sustained by appropriate administrative and budgetary support.
The laws adequately meet the requirements of availability, acceptability and quality or reproductive
rights and services in family planning. There is need however to closely monitor the policies and
actual practices in local government units to ensure that particular religious persuasions of their
officials do not come in the way of access to artificial contraceptives and the full protection, respect
and fulfillment of the Constitutionally-protected reproductive rights.
As regards post-abortion care, this is hardly mentioned in Philippine laws except for a general
reference to the grant of maternity leave, but without pay. According to the DOGH, post abortion
programs are still at their pilot stage. It should be emphasized that the strict adherence to the
doctrine of separation of Church and State prohibits government physicians and health
professionals from withholding medical information and services, including post-abortion care, for
reasons of their religious conviction and conscience. In terms of the standards established by the
Committee on ESCR, our country scores embarrassingly low on availability, accessibility and
acceptability, and needless to say, on the quality of post-abortion care as reflected in the statute and
decisional law.
As regards sexuality education, the Constitution recognizes and protects the freedom of speech and
thought. This should extend to the right of all persons to education and correct information related
to their sexual and reproductive health. Information should likewise be given in an objective
manner free from restrictive interpretation s resulting from teacher’s religious or philosophical
beliefs or biases. Although sexuality education is available and accessible since it is being taught in
schools, problems of its acceptability and quality still persists, how much is taught and at what
grade level information is given tend to be in the conservative side.
C. Children
As regards Philippine laws and issuances on children, these may be categorized into three: special
protection to children, children in conflict with law, and procedural safeguards for children in
conflict with the law. Laws on special protection to children include: RA 7610 and its
69
corresponding rules and regulations (reporting and investigation of Child abuse cases, on trafficking
of children, indigenous cultural communities, children in situations of armed conflict and a
memorandum of agreement on handling and treatment of children involved in armed conflict), RA
7658, RA 8353, RA 8585, RA 7877, 8552, 8043, EO 56 and 275.
As to children in conflict with law, the primary laws on the rights of the accused in general are: the
Bill of Rights, RA 7438, RA 8493, SC Circular 38-98, and RA 7309. Pertinent provisions of PD
603, RA 6425, and PD 968 on the other hand particularly address the rights of children in conflict
with law. Lastly, procedural safeguards for children in conflict with the law exist by way of general
procedural laws, the Family Courts Act, Rules on examination of Child Witness, Katarungang
Pambarangay and as well as child-related PNP issuances, Bureau of Corrections Operating Manual,
SC rules on juveniles in conflict with the law and Rule on Commitment of Children.
8.1.3. List of specific laws and implementing measures to be reviewed
The ALG has selected the following laws with their related implementing measures for review and
advocacy to amend them:
1. Law on Trafficking
2. Violence against women and children Law
3. Juvenile Justice Law
4. Sexual Harassment Law
5. Fisheries Code: aspects relating to women
6. Agrarian Reform Law: aspects relating to women
7. Indigenous Peoples Rights Act: procedural aspects
8. Migration Law
9. Informal Sector Law
Indicators of achievement have been selected which can help systematize tracking the effectiveness
of the project implementation. These are:
Result 9 – Existing laws and related implementation measures on women and children
reviewed and advocacy to amend them conducted to make them in accordance with basic
rights and international conventions signed by the Republic of the Philippines.
Result level • Inventory/list of specific laws for women and children needing amendments
with corresponding position paper.
• At least 2 advocacy activities conducted in Annual Program of Action of
selected Alternative Law Groups
Activity • Baseline Study and analysis of existing laws relevant to women and children
level with specific recommendations per sector
• List/inventory of laws relevant to women and children/list/inventory of laws
needing amendments
• Number of advocacy activities of selected ALGs
70
• Fora for sensitization launched, i.e. a community-based women’s legislative
alliance/network to help push the legislative agenda for the poor, especially
women and children
71
9. ANNEXES
72
9.1. Annex 1 – Logical Framework with revised indicators of achievement
Logical Framework
Improving Governance to Reduce Poverty: Access to Justice for the Poor Project
Intervention Logic Objectively Verifiable Means of Verification Assumptions

Indicators
Project Goal:
To increase the access to Justice by the
poor and vulnerable groups
Purposes: 40% of target inhabitants in up to
1. To enhance the ability of the poor and 1080 barangays within the Project Monitoring and Project Correlative efforts and support
vulnerable groups’ (poor women and project areas are effectively Completion Report from the pillars of justice on this
children in particular) to pursue justice informed about their basic rights endeavor
through their increased knowledge about and the Justice System, and are
their basic rights and the Justice System. aware of services for victims Project Monitoring and Project
(provided by DOJ, DSWD, Local Completion Report
Government, NGOs, churches,
mosques, and CBOs
2. To strengthen the Justice System to 40% of the target inhabitants of

make it more accessible to poor and up to 1080 Barangays within the
vulnerable groups project areas found the Barangay
Justice System, the Police and
Court System accessible.
Results:
Component 1 – Institutionalization of the decentralized information function of the Judiciary and training of municipal judges and court
personnel
1. The decentralized Information, 36 First Level Clerks of Court SC Administrative Order Availability and willingness of
Education and Communication (IEC) designated as Municipal Court designating Information Officers clerks of court in the target Trial
73
system within the Judiciary with special Information Officers are for the project Courts to assume the duties
focus on the poor and vulnerable groups continuously performing their
(women and children) is implemented and functions consistent with the MCIO Logbook MCIOs willing to take on new
strengthened Supreme Court Guidelines duties
IEC Guidelines Target Trial Courts’ periodic
reports to the SC Office of the MCIOs willing and sufficiently
IEC competencies of MCIOs are Court Administrator trained to improve IEC tasks
improved and new ones
developed SC/TA monitoring reports MLGOOs and LIDs willing to
participate in information
20% more time spent on MCIO materials distribution networking
information tasks status reports to OCA
SC produced IEC materials ready
Systematic information Project Monitoring Reports, data for dissemination according to
distribution system at Municipal comparison with INA project time frame
and Barangay levels set up and
functioning effectively IEC materials are regularly
distributed as part of MCIO
User-friendly and culturally distribution system
sensitive IEC materials for poor
and vulnerable groups distributed
in timely manner
At least 20% of women per target

barangay are aware of their rights
and legal procedures to follow
2. The Supreme Court has adopted a 432 judges and court personnel in List of Judges Trained
training program to sensitize municipal the target project areas sensitized
court judges and court personnel in the according to the training program List of Court Personnel Trained
project target areas on the Barangay
Justice System (BJS) and the laws directly Improved awareness of Training Reports
affecting the rights of the poor, especially gender/child rights among
women and children. municipal court judges and court
personnel resulting in better court
74
decisions
Higher conviction rates for

gender violence, violations of
child rights, etc.
Component 2 – Community development and empowerment of poor and vulnerable groups, especially women and children
3. The Barangay Justice System in 3 members of each Lupon in up Institutional Assessment Report Barangay Captains are
selected barangays is strengthened in to 348 Barangays + 36 MLGOOs cooperative
accordance with the revised Katarungang (i.e. in total 1080 persons) have Documentation Report on the
Pambarangay Law been trained on the revised KP Training Conducted Commitment of the 3 trained
Law Lupon members
List of Trained Lupon members
Action Plans of Lupon
Progress reports vis-à-vis Action

Plans
4. Legal Information Desks established Up to 1080 Barangays integrated Administrative Order of DILG
in targeted barangays to function in Legal Information Desks within
Coordination with the Municipal Court their structures to handle List of Established LIDS
Information Officers (MCIOs) information about the basic rights
and the Judicial System in Project Monitoring Reports
compliance with an
Administrative Order issued by
the DILG
75
5. Poor and vulnerable groups IEC strategies of various List of women oriented
(especially women and children) in the stakeholders (DOJ, DILG,
barangays know their rights and are aware DSWD, selected ALGs) Progress Reports of each
of the legal procedures formulated and operational stakeholders involved
5 women advocates per target

barangay (i.e. in total 5400
women) are oriented on their
rights and on the legal procedures
Number of women advocates

active in disseminating
information to their community
as measured by community
meetings, distribution of
materials, involvement in
mediation and dispute resolution
Number of women volunteering

as mediators on reconstituted
Lupon, involved in BJS training,
and supporting women and
children in accessing justice.
Increased numbers of women and

children bringing cases to the
BJS and the Family Courts
6. Police officers in target areas are At least 25% of police officers or Training Reports Trained police officers will not be
familiar with human rights issues, the BJS up to 335 police officer in the 36 transferred in other place of
and related implementation procedures, target municipalities have Action Plans of Trained Officers assignment
are gender sensitive and are conducting attended trainings and applied
76
their assignment accordingly. knowledge learned in their work
Effectiveness: conference review

of implementation; and reference
to crime reporting statistics.
Sustainability: application of the

methodology to further improve
A2J at local level (conference
review)
7. Curricula of Police Training Enhanced curricula of at least 1 Copy of the enhanced curricula
Institutions include adequate modules on Police Training Institution
human rights, the BJS and related incorporating modules on human
implementation procedures, the rights of rights, the BJS and related
children, gender issues and the economic implementation procedures, the
and social conditions of the poor rights of children, gender issues
and the economic and social
conditions of the poor.
8. The Department of Justice has 130 DOJ staff members Department Order
adopted a training program to sensitize (prosecutors and public
DOJ personnel on the BJS and the laws attorneys) sensitized according to Workshop/Training Reports
directly affecting the rights of the poor, the training program
especially women and children Project Monitoring Reports
Number of women in the justice
system, particularly at senior
levels.
Existence of guidelines to
enforce the collection of gender
disaggregated data
77
9. Existing laws and related Inventory/list of specific laws for Reports from selected Alternative
implementation measures on women and women and children needing Law Groups indicating the
children reviewed and advocacy to amend amendments with corresponding identified laws for women and
them conducted to make them in position paper. children needing amendments
accordance with basic rights and
international conventions signed by the At least 2 advocacy activities Advocacy Plans
Republic of the Philippines conducted in Annual Program of
Action of selected Alternative Reports on concluded advocacy
Law Groups activities
Activities:
Component 1 – Institutionalization of the decentralized information function of the Judiciary and training of municipal judges and court
personnel
1.1. Implementing and strengthening the Supreme Court approved IEC
decentralized IEC system of the Guidelines for the first level Administrative Order from the
Judiciary courts in the target project areas Supreme Court
Supreme Court issued a directive Status reports on the observance

for the observance of the IEC of the IEC policies
policies
1.2. Designating Municipal Court 36 first level courts identified Administrative Order of the SC
Information Officers (MCIOs) in First
Level Courts List of clerks designated
1.3. Conducting Training Needs Analysis Training Needs Analysis TNA report
on IEC skills for designated MCIOs conducted
1.4. Conducting training program on IEC At least 25 of the 36 designated Workshop Reports
skills for designated MCIOs information officers attended the
Workshop Project Progress Reports
Increased awareness of the

information officers trained for
his/her municipality on their
78
information function
Trained information officers are

continuously performing their
functions demonstrating specific
IEC skills
1.5. Supreme Court produces gender- Information materials produced Information materials
sensitive, child friendly and rights-based
IEC materials
1.6. MCIOs disseminate IEC materials Information materials distributed Record of distribution of the
Information Materials
Status reports submitted to the

OCA
2.1. Conducting Training Needs Analysis Training Needs Analysis (TNA) TNA Report Continuous cooperation and
(TNA) to determine the design of a conducted support by PHILJA and Supreme
Sensitization Workshop on the BJS and Training program printed and Court personnel
the laws directly affecting the rights of the endorsed by the Supreme Court.
poor, especially women and children, for
Judges and lower court personnel of
selected project areas
2.2. Conducting the Workshops for Judges At least 70% of Judges and court Workshop Report Willingness and motivation of
and court personnel of Project Areas personnel in selected Project target groups to be trained in the
Areas attended List of participants. specific fields.
Evaluation and monitoring

reports about training measures
(seminars and workshops).
2.3. Adopting the Workshops as integrated PHILJAA adopts programs PHILJA resolution
elements in the continuing education which include the workshops
of the Judiciary
79
Component 2 – Community development and empowerment of women and children
3.1. Selecting approximately 10 Up to 360 Barangays selected List of Barangays from DILG DILG has necessary data for the
Barangays in each Project Area selection of barangays
3.2. Conducting an Institutional IA conducted IA Report
Assessment of the BJS and preparing
recommendations to strengthen it,
including amendments to the KP law
(where necessary) and the related
implementation procedures
3.3. Conducting Training Needs Analysis TNA conducted TNA Report
(TNA) on the design of a Katarungang
Pambarangay Law Workshop for
MLGOOs and Lupon members
(including stocktaking of existing
relevant training materials)
3.4. Designing a Trainers’ Manual for Trainer’s Manual submitted to Trainer’s Manual
MLGOOs the DILG
3.5. Developing training materials for Training materials formulated in

workshops for Lupon members in the the vernacular and distributed to
major local vernacular the participants
3.6. Conducting a workshop on the Target participants attended the Training materials documents
Katarungan Pambarangay Law and other Workshop
laws relevant to women and children for
MLGOOs and Lupon members (including
mediation and conflict resolution skills) to
strengthen the BJS and to make it more
gender sensitive and child friendly
3.7. Lupons in project areas formulate Lupons formulated the Action Action Plan document Barangay Captains are supportive
Action Plan (to be adopted by the Plan
Barangay Council) on how to strengthen
the BJS and to handle cases involving the
poor and vulnerable groups (especially
80
women and children) under the BJS
4.1. Selecting approximately 2 barangays Up to 720 new barangays List of Barangay from DILG
adjacent to those of 3.1 selected
4.2. Legal Information Desks (LIDs) DILG and barangays concerned Reports from DILG and
established at respective Barangay established LIDs in at least 40% Barangays in the Project Areas
Halls as part of the method to reach of the total no. of target
the poor and the vulnerable in the barangays to be manned by
barangay trained LID Officers and NGO
volunteers
4.3. Providing linkages between the Coordination/linkage between Directive from their respective LIDS already manned
Judiciary’s Information Officers and Information Officers and LID offices
the Barangay Legal Information Desks Officers established
Reports of referrals between
information
4.4. Establishing a network of LID officers LID Officers and volunteers of Annual Plan of Activities ALG supportive of the efforts
and law professionals at the municipal and selected ALGs and related NGOs
provincial level to support and train and institutions included support
inhabitants within the project areas and training in their activities
4.5. Disseminating information materials Lupon received information Receipt of the information Information materials inventoried
on the KP Law and related materials on the KP materials and available
implementation procedures, including
cases involving the poor and vulnerable
groups
5.1. Conducting Training Needs TNA conducted TNA report
Assessment for gender awareness and
ability to pursue basic rights among the
poor women in the barangays in points 3.1
and 4.1
5.2.Designing a training program for Training Program Formulated Training Program Document
barangay women and children’s advocates
based on 5.1 assessment and using
existing materials where possible
5.3. Training women in the target project At least 5 women advocates in Report on the Workshop
areas in gender awareness, their basic target areas attended (i.e. a total
81
rights under the law, KP implications of 5400 women)
for women, and children’s rights
5.4. Inventorying existing information Selected ALGs, related NGOs Report of the inventory
materials on rights of women and and institutions have inventoried
children and designing an information information materials on rights of
package in the local vernacular women and children
5.5. Training women and children’s At least 1 women and children’s Report on the Training All target areas have functioning
advocates in the use and dissemination of advocate per barangay is trained women and children’s advocates
the Information Materials on the rights of (i.e. a total of 1080 day care
women and children conducted workers)
5.6. Setting-up a coordination system Women and children’s advocates Report of women and children’s
between women and children’s advocates meet LID officers at least once a advocates
and the project’s LID officers to month
disseminate information about gender and
child rights
5.7. Day care workers, health workers, and
Meetings of day care workers, Report of day care workers,
women leaders to arrange meetings for health workers and women health workers and women
parents, patients, and other target groups
leaders with parents, patients and leaders
on the rights of the child in co-ordination
other target groups in co-
with the LID officers ordination with the LID officers
conducted regularly
6.1. Identifying and designing the modules At least 1 module per topic Copy of compiled modules
on human rights, the BJS and related selected
implementation procedures, gender
sensitivity, rights of women and children
as required modules to train the police
officers in the municipalities of the project
areas
6.2. Training of approximately 25% of At least 25% of police officers List of Participants and Police
police officers –representing all per project area trained Training Records
ranks– in active service in the project
82
areas with those modules Number, gender and roles of
participants
Written participant feedback on

the three day course
6.3. The police and the municipality Action Plan developed in project Copy of Action Plan
develop an action plan to increase areas
access to justice by the poor based on
the training received Review of action plans:
feasibility, partnerships,
relevance to A2J in the local
situation
7.1. Assessing the Curricula of Police Assessment conducted to identify Assessment Report
Training Institutions specific areas needing
enhancement
7.2. Adopting adequate changes in present Curricula revised Copy of the Revised Curricula Review Report proposed
Curricula
7.3. Training of Police Institutions’ Instructors training designed and Accomplishment Report
instructors in the revised curricula implemented
8.1. The Department of Justice develops Training Workshops designed Workshop Plan Continuous cooperation and
Training Workshops to sensitize the support by DOJ personnel
DOJ personnel on the BJS and the Training program printed and
laws directly affecting the rights of the endorsed by the DOJ.
poor, especially women and children
8.2. Conducting Training Workshops Training Workshops Workshop Willingness and motivation of
under developed under 8.1 for DOJ Implemented Proceedings/Documentation target groups to be trained in the
personnel and selected members of the specific fields
Project’s Target Areas List of participants
Evaluation and monitoring

reports about training measures
(seminars and workshops)
83
8.3. Adopting the Training Workshops as DOJ adopts plan to integrated the DOJ plan of action for continuing
integrated elements in continuing Workshops in its continuing education
education of DOJ personnel education programme
Number of ongoing training

workshops continuously
performed by DOJ.
9.1. Reviewing existing laws (and Baseline Study and analysis of Report including assessment of
implementation measures) directly existing laws relevant to women existing legislation
relevant to the poor, and especially and children with specific
women and children, by qualified recommendations per sector
ALG to check whether they are in
compliance with human rights and
international human rights List/inventory of laws relevant to
conventions signed by the Republic women and
of the Philippines. (This will include children/list/inventory of laws
the identification of amendments to needing amendments
the laws necessary to make them
compliant with those human rights
and international conventions).
9.2. Advocating possible amendments in Number of advocacy activities of Annual Accomplishment Report Government Officials and
the laws, including those mentioned selected ALGs, members of the Congress attended
in 9.1 and the KP law (where Report on the outcome of the fora the fora
necessary), by ALGs in relevant fora Fora for sensitization launched,
including workshops meant to i.e. a community-based women’s
sensitize local and national legislative alliance/network to
government officials and members of help push the legislative agenda
Congress on the conditions of the for the poor, especially women
poor and in particular of poor women and children
and children
84

Baseline

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Baseline

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Improving Governance to Reduce Poverty.

A project funded by the European Commission and the Government

Project Number: PHI/AIDCO/2003/4980

Beneficiary Country: The Philippines

Report: Baseline Study – November 2007

For the Commission: For the Department of Social Welfare and

Eva Pastrana Gutierrez Alicia Bala

For the Contractors:

Elena Llopis Vicenta Alinsug

Felipe Ureta Redshaw, Team Leader

Action Program for Judicial Reform (2001-2006), par. 5.13, p. 95

Action Program for Judicial Reform (2001-2006), par. 5.17, p. 96

• To increase the access to Justice by the poor and vulnerable groups.

Results and activities

Component 1 – Institutionalization of the decentralized information function of the Judiciary and

Component 2 – Community development and empowerment of poor and vulnerable groups,

Component 4 – Legal reform

2.1. Project Terms of Reference

2.1.1. Relevant country background

2.1.3. Problems to be addressed

Specific problems to be addressed under each component

Component 1 – Institutionalization of the decentralized information function of the Judiciary

Component 3 – Institutional development of law enforcement and Department of Justice

Component 4 – Legal reform

2.2. Action Program for Judicial Reform 2001-2006 (APJR)

The APJR 2001-2006 has 6 components: 1) Judicial Systems Development; 2) Institutions

• delays in judicial proceeding;

2.3. Purpose of the Baseline Study

3.1. Findings, issues identified and problems to be addressed

3.1.1. The role of IEC in the Judiciary

3.1.2. IEC organizational structure

A. SC Offices and Other Units Involved in IEC Work

2. Office of the Reporter

3. Program Management Office

5. Philippine Judicial Academy (PHILJA)

1. Committee on Public Information

2. Other Standing Committees and Ad Hoc Bodies

3.1.3. Decentralizing the Court’s organizational structure

The APJR envisions a decentralized system in a system that is traditionally centralized.

• The designation brings additional authority.

3.1.5. Training needs of MCIOs

• Laws affecting women and children

The following were also mentioned:

• Barangay Justice System (Capiz)

The common skills training areas identified were the following:

• Public speaking – to be effective and credible public speakers

Other skills areas mentioned were the following:

• Technical writing skills – because of the need to constantly write reports

Media relations is included in the IEC Guidelines for MCIOs.

C. Attitudes and Values

Some of the attitudes/values mentioned were the following:

• Sensitivity to the plight of the poor

3.2. Indicators of achievement

4.1. Findings, issues and problems to be addressed

4.1.1. Context overview

4.1.2. Court jurisdictional structure

4.1.3. The 5 pillars of criminal justice

4.1.4. Judicial Education

B. Some manifestations of gender bias

D. Issues related to slow dispensation of justice

E. Other gender-related issues

4.2. Indicators of achievement

Activity • Training Needs Analysis (TNA) conducted