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PDP 2028 Chapter 13

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PDP 2028 Chapter 13

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13

Ensure Peace and


Security and Enhance
Administration of Justice
CHAPTER 13

Ensure Peace and Security and


Enhance Administration of
Justice
A secure and peaceful community where guns are silenced, food and basic services are sufficient, and
community life has normalized and shown signs of progress—this reality is now within the reach of
geographically isolated and conflict-affected communities.
In pursuing economic transformation, the manifestation of peace and security is a necessary condition
in allowing the implementation of development activities that could bring in more and better
opportunities for the people. This is attainable if conflict-vulnerable areas are protected and developed,
the quality of life is safeguarded from criminality, and communities are safe from natural hazards and
other security threats.
Likewise, an efficient administration of justice is critical in ensuring sustained economic progress.
A stable and accountable justice system, whether traditional or alternative, must inspire trust and
confidence among stakeholders through integrity, fairness, and accessibility.
The Philippine Development Plan (PDP) 2023–2028 puts forward the premise that a whole-of-
government approach with cross-cutting strategies is required in ensuring peace and security. It asserts
that economic justice is a pillar of a strong and vibrant economy and requires a sector-based approach
anchored on strong coordination among justice sector institutions, agencies, and actors to drive public
engagement and trust in the justice system.

Subchapter 13.1 Ensure Peace and Security


Peace agreements between the government and non-state armed groups have stabilized security
in many areas, normalizing a life free of violence and allowing the implementation of development
projects that have opened new and better opportunities for the Filipinos.
Investing in peace and security continues. This is realized by completing the commitments of signed
peace agreements and in helping former combatants, their families, and conflict-affected communities
to return to civilian life. In areas not covered by peace agreements, localized peace engagements will
be intensified, with local government units facilitating a whole-of-society approach. Affirmative action
on law enforcement operations on land and at sea including disaster response will be strengthened.
Ongoing modernization of the armed forces and other security sector agencies will be intensified to
protect the country’s territorial integrity.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 299
Assessment and Challenges
The signing and implementation of peace the decommissioning process was completed,
agreements,1 together with sustained with 12,000 combatants and 2,100 weapons
law enforcement efforts, have stabilized demobilized.5 The third phase is currently
security in geographically isolated and ongoing, aiming to decommission 91 percent
conflict-affected (GICA) communities of the combatants and their weapons.
and resulted in an increase in economic Likewise, the Camps Transformation Plan
activities. However, challenges remain in 2021–20266 is presently implemented,
the implementation of these agreements and outlining the efforts toward a meaningful
groups with criminal and terrorist activities transformation of camps into productive and
still exist. At the same time, natural hazards resilient communities.
with devastating effects and the protection
of territorial and national interests remain a Similarly, strategic interventions under
challenge. the Bangon Marawi Comprehensive
Rehabilitation and Recovery Program are
In the Bangsamoro Autonomous Region in being implemented in areas affected by the
Muslim Mindanao (BARMM), the peace 2017 siege. These include the provision of
process is steadily moving forward with the social and financial aid, health care services,
ratification of the Bangsamoro Organic Law educational support, and psychosocial
(Republic Act No. 11054). The establishment healing for those affected. More recently, the
of the Bangsamoro Transition Authority in Marawi Siege Victims Compensation Act
2019 and its extension to 20252 have laid the of 2022 (RA 11696) was enacted to provide
critical foundation for a fully functioning compensation for properties destroyed during
autonomous region. With this, significant the siege.
progress was made in terms of the region’s
socioeconomic development. In 2021, The peace process with non-state armed
BARMM registered the second-highest groups7 and development interventions for
economic growth (7.5%) in the country, a affected communities are in various stages
significant improvement from 2016 when of implementation. The demilitarization
BARMM posted the lowest growth rate of arms and munition of the Cordillera
(0.3%) among all regions.3 Poverty incidence Bodong Administration-Cordillera Peoples
also declined significantly, from 61.8 percent Liberation Army (CBA-CPLA) and the
in 2018 to 37.2 percent in 2021.4 Rebolusyonaryong Partido Manggagawang
Pilipinas-Revolutionary Proletariat Army-
The creation of the intergovernmental Alex Boncayao Brigade (RPMP-RPA-ABB)
relations bodies between the national has been completed.8 In the affected areas,
government and the Bangsamoro government socioeconomic and livelihood interventions
addressed and resolved some of the key issues continue to be implemented. Meanwhile, the
in the implementation of the Bangsamoro people of the Cordillera continue to pursue a
Organic Law. In 2021, the second phase of meaningful regional autonomy.9

300 | Philippine Development Plan 2023-2028


Moreover, local peace engagements were launched to address problems in the service.
initiated in communities affected by the Interventions based on the Philippine
presence of the Communist Party of the Anti-Illegal Drugs Strategy institutionalized
Philippines-New People’s Army-National a convergence system among government
Democratic Front (CPP-NPA-NDF). agencies to achieve drug-free communities.
Communist rebels who surrendered are A science-health-security based approach on
provided with socioeconomic and legal the drug problem is critical, and support for
assistance support through the Enhanced the professionalization and modernization
Comprehensive Local Integration Program of the PNP and drug enforcement bodies is
(E-CLIP) and community development needed.
interventions such as the Payapa at
Masaganang Pamayanan (PAMANA) Significant progress has also been made
Program and the Barangay Development
10 in terms of increasing the capacity of the
Program (BDP).11 The PAMANA Program security sector to respond to the adverse
set the foundations for conflict-sensitive impacts of natural hazards and other security
development efforts and empowered threats. The recently enacted Bureau of
partners for peace. From 2017 to 2021,
12 Fire Protection (BFP) Modernization Act
PAMANA has supported 4,000 projects (RA 11589) is expected to upgrade fire
amounting to PHP18 billion.13 Similarly, protection services in the country. The BFP
PHP16.4 billion was released to support 2,276 also initiated the Oplan Ligtas na Pamayanan
socioeconomic14 and infrastructure projects to capacitate barangays with systemic and
in 2,228 communist-terrorist group-cleared comprehensive methods and procedures
barangays under the BDP.15 to prevent and respond to fires and other
emergency and disaster risks. In addition,
The implementation of a whole-of- trainings on public safety were given to
government and whole-of-nation approach16 Barangay Peacekeeping Action Teams and
fostered a more holistic and cohesive non-government organization teams in
government response, addressing the areas. The National Chemical, Biological,
interrelated drivers of armed conflict in the Radiological, and Nuclear (CBRN) Action
country. Various clusters and regional and Plan was also formulated but is yet to be
local task forces under the National Task cascaded to relevant agencies.
Force to End Local Communist Armed
Conflict (NTF-ELCAC)17 were activated. The updating of the National Disaster Risk
Key strategies in the National Action Plan Reduction and Management Plan 2020–2030
on Preventing and Countering Violent outlines actions to ensure coordination
Extremism were also rolled out. and efficient logistics operations before and
during disasters. Many local government
Similarly, there has been significant reduction units (LGU) have made significant progress
in crimes due to intensified law enforcement in disaster preparedness and response,
efforts.18 The Philippine National Police such as the adoption of standard operating
(PNP) Intensified Cleanliness Program was procedures, activation of the Incident

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 301
Command System, prepositioning of of the National Cybersecurity plan and
relief, and search and rescue.19 However, activation of the National Computer
data on population, critical facilities, and Emergency Response Team and the National
infrastructure exposed to natural and other Cybersecurity Operations Center, a more
security threats are still fragmented and concerted effort in cybersecurity is still
incomplete. needed.

Despite substantial improvements and actions Various issues on development and


toward ensuring peace and security, there management of the country’s territory and
remain challenges that must be addressed. maritime domain, including enforcement,
In BARMM, all other intergovernmental regulation, conservation, and security need
relations mechanisms still need to be to be tackled. The 2016 Permanent Court
operationalized, such as the newly created of Arbitration (PCA) Ruling on the West
Bangsamoro Sustainable Development Board Philippine Sea issue was a clear victory of a
and other intergovernmental arrangements rules-based international order. However,
between BARMM, the national government, the Association of Southeast Asian Nations
and relevant LGUs. There are also challenges (ASEAN)–China Code of Conduct in the
in the process of assisting former combatants South China Sea remains unfinished.
in their return to civilian life and in the
necessary enhancements in the healing, Cross-border and transnational criminal
reconciliation, and gender mainstreaming activities are still major concerns, given the
components in GICA communities. porous borders and structural inadequacy
of relevant state institutions. Current global
Moreover, the implementation of the peace political developments involving inter-state
and development interventions is not fully and intra-state conflicts further magnify the
institutionalized at the regional and local vulnerability of the country. Hence, support
levels. Gaps in efforts geared toward threat for the modernization of the Armed Forces
assessment, programming of responses, of the Philippines (AFP), Philippine Coast
community engagement, dismantling Guard (PCG), and other relevant security
of private armed groups, and strategic sector agencies is critical, underscoring
communication also need to be addressed. the force structure, capability and materiel
upgrade needed to be more effective in
Criminality and threats to public safety, undertaking internal and external security
including non-traditional security issues, also functions.
persist. The rapid growth and sophistication
of cybercrimes and cyberattacks have
increased the vulnerability of data,
people, and structures. Hyperconnectivity
has also expanded the attack surface of
cybercriminals. Despite the initial efforts
of the government, such as the formulation

302 | Philippine Development Plan 2023-2028


Strategy Framework
Ensuring peace and security is an essential disaster response will be strengthened so
foundation of sustainable development. that the quality of life is safeguarded from
The government will consistently pursue criminality; protection and safety from
peace by mainstreaming peacebuilding and natural hazards and other threats will be
development interventions and utilizing ensured; and the country’s territorial integrity,
a conflict-sensitive-and-peace-promoting maritime rights, and entitlements will be
paradigm in government programming. protected (See Figure 13.1.1). These outcomes
Toward this end, the gains of the peace will be realized through an integrated,
processes in conflict-affected communities transparent, people-centered, and human
will be sustained; security and law rights-based peace and security policy,
enforcement operations, cybersecurity, and supported by relevant cross-cutting strategies.
Figure 13.1
Figure 13.1.1 Strategy Framework to Ensure Peace and Security

ENSURE PEACE AND SECURITY

PROTECTION AND PROTECTION AND


QUALITY OF LIFE OF TERRITORIAL INTEGRITY
DEVELOPMENT OF SAFETY FROM NATURAL
PEOPLE SAFEGUARDED AND SOVEREIGNTY UPHELD
CONFLICT-AFFECTED HAZARDS AND OTHER
FROM CRIMINALITY AND PROTECTED
COMMUNITIES SUSTAINED SECURITY THREATS ENSURED

Pursue an integrated, transparent, people-centered, and human rights-based peace and security policy

Complete the implementation of all Promote a holistic approach to Improve the capacity and capability Strengthen advocacy on respect for
signed peace agreements countering the proliferation of illegal of security forces and LGUs on the rules-based regime in the
Ensure the full transition of the and dangerous drugs humanitarian assistance and regional and international
BARMM government Strengthen and expand police disaster response and protection community
engagements with communities on services to mitigate the impacts of Pursue greater international and
Expedite normalization and natural hazards and other
reintegration of former combatants crime deterrence, reporting, and regional dialogues and cooperation
resolution emergencies
and their families and the Develop a modern, credible, and
rehabilitation of conflict-affected Strengthen regional and international Protect critical infrastructure, self-reliant defense force
communities, including Marawi City partnerships to counter and prevent strategic assets, and natural
resources Strengthen the capacity of
Strengthen convergence of programs threats from terrorism, violent institutions in security assessment,
and ensure that development extremism, radicalization, Strengthen security and resilience operations, and response relative to
interventions are conflict-sensitive and transnational crimes, and other of the Philippine cyberspace geopolitical developments
peace-promoting non-traditional security threats

Advance healing and reconciliation,


social cohesion, and transitional justice
interventions as key components of
peacebuilding
Establish appropriate mechanisms to
counter threats from terrorism,
radicalization, and violent extremism

Sustain the compliance of LGUs to good


Ensure gender mainstreaming and protection of
governance principles and of security institutions Mobilize a broad-based constituency for peace
vulnerable groups in conflict-affected communities
on human rights and rule of law

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 303
Strategies
Outcome 1: Protection and development of conflict-
affected communities sustained
Complete the implementation of all to resolve remaining and potential issues
signed peace agreements between the national and the Bangsamoro
governments.
The government will remain steadfast in
completing the commitments under all Expedite normalization and
signed peace agreements. These include: reintegration of former combatants
(a) implementing peace and development and their families, and the
interventions in RPMP-RPA-ABB-Tabara rehabilitation of conflict-affected
Paduano Group and CBA-CPLA communities, including Marawi City
communities; (b) supporting initiatives
toward Cordillera autonomy; (c) facilitating Normalization and transformation programs
the healing and reconciliation process in for the Bangsamoro,22,23 as supported by
affected communities; and (d) providing legal the Inter-Cabinet Cluster Mechanism on
assistance to qualified individuals. Relative to Normalization (ICCMN),24 will continue.
the Bangsamoro peace process, the national Demobilization of former combatants25 and
government will support the coordinating former violent extremists,26 including the
committees and security mechanisms on demilitarization of arms and munition, will
the remaining commitments under the be completed. The national and Bangsamoro
1996 Government of the Philippines-Moro governments will work closely in neutralizing
National Liberation Front (MNLF) Final armed threat groups to prevent and curb
Peace Agreement and support the political peace spoilers.27 Systems and procedures
track and normalization mechanisms in in the delivery of socioeconomic support
the implementation of the Comprehensive packages for decommissioned combatants,
Agreement on the Bangsamoro.20 21 ,
their families, and communities, and
vulnerable groups (children, elderly, persons
Ensure full transition of the BARMM with disabilities [PWD], indigenous groups,
Government internally displaced persons) will be made
Support will be extended to the Bangsamoro more efficient and effective.
Transition Authority in institution building,
Moreover, the government will fast-track the
personnel development, and economic
rehabilitation and catch-up development of
management toward an inclusive BARMM
communities through the implementation
government. Necessary policy and
of various interventions, such as E-CLIP,
processes will be implemented to ensure
PAMANA, and BDP. Furthermore, the
a smooth BARMM elections in 2025. All
government will complete the delivery
intergovernmental relations mechanisms
of social, financial, and socioeconomic
will be operationalized and strengthened

304 | Philippine Development Plan 2023-2028


assistance necessary for the recovery Establish appropriate mechanisms
of affected individuals in Marawi. The to counter threats from terrorism,
government will complete infrastructure radicalization, and violent extremism
projects such as bridges; schools; health
To neutralize peace spoilers, national and
centers; markets; ports; and the 2,800
local agencies will strengthen their threat
permanent housing units for Marawi’s most
assessment capacity and response protocols.
affected to be utilized by target beneficiaries
These involve: (a) institutionalizing
by 2024.
preventing and countering violent extremism
Strengthen convergence of interventions in national and local bodies;
programs, and ensure that (b) sustaining neutralization efforts
development interventions against armed threat groups including law
are conflict-sensitive and enforcement operations, case build-up
peace-promoting against high-value targets, legal offensive,
intelligence cooperation, military operations,
To improve conflict-sensitive and and neutralization of illicit financial sources;
peace-promoting compliance, a monitoring (c) institutionalizing local peace engagements
and evaluation tool for GICA areas will and transformation program for former
be developed. Project targeting and rebels;29 (d) strengthening the LGUs’ peace
implementation strategies will be further and order council (POC); (e) sustaining
localized to ensure greater ownership of the efforts of the National Task Force on
local communities.28 More infrastructure Disbandment of Private Armed Groups;
projects will be rolled out in GICA areas and (f) developing a strategic communication
coordination between LGUs’ Peace and Order plan aimed as social cohesion; and
Councils and Local Development Councils (g) developing a de-radicalization program
will be strengthened. Closer cooperation with for GICA communities.
domestic and international groups to support
the various aspects of peace-building will be
facilitated.

Advance healing and reconciliation,


social cohesion, and transitional
justice interventions as key
components of peacebuilding

The legal process, including granting of


amnesty to qualified individuals, will be
facilitated. Training and skills improvement
will be initiated for social workers and other
relevant government agencies to improve
capacity in dealing with former combatants
and child soldiers.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 305
Outcome 2: Quality of life of people safeguarded from
criminality
Promote a holistic approach in made more efficient and relevant. Likewise,
countering the proliferation of illegal neutralization efforts against criminal groups
and dangerous drugs will be sustained, internal cleansing in security
institutions will be continued, and executive
To ensure that government efforts are
and legislative oversight over the police and
people-centered, holistic, and human
other uniformed personnel will be enforced.
rights-based, the government will: (a) use a
science-health-security based approach to Strengthen regional and
curbing drug and illegal substance abuse, international partnerships to counter
alongside restorative interventions for drug and prevent threats from terrorism,
users and their dependents; (b) strengthen violent extremism, radicalization,
partnership with stakeholders; and transnational crimes, and other
(c) strengthen the reward and punishment non-traditional security threats
mechanism in police and drug enforcement
institutions. The PNP modernization program Context-specific programs will be initiated
will continue giving stronger emphasis on to address radicalization efforts of
professionalization, rights-based policing, and violent extremist groups. As transnational
improving capability against traditional and crimes require rigorous national and
non-traditional security threats. local cooperation,30 close partnerships
with neighboring states will be sustained
Strengthen and expand police particularly on matters involving sea
engagements with communities on patrol, intelligence gathering, information
crime deterrence, reporting, and exchange, rapid bilateral investigations, and
resolution apprehension of criminal elements in the
porous borders of Southern Philippines31 and
Law enforcement will be strengthened by
other critical areas.32 Bilateral and multilateral
expanding police presence in communities
engagements in law enforcement and defense
and establishing more police stations in
against violent extremist groups will be
strategic areas. Active partnership with
intensified and surveillance and inspection
communities will be forged. Barangay
in air transportation33 will be strengthened.
Peacekeeping Action Teams, civil society
Similarly, mandates and functions of various
organizations, and community volunteers
agencies relative to coastal management
will be engaged through community and
and maritime security will be reviewed
service-oriented policing scheme. Public
and harmonized to ensure efficiency and
safety and law enforcement agencies will
effectiveness in addressing maritime security
converge efforts in patrolling, internal
threats, while the modernization of the PCG
security, and law enforcement operations,
and relevant maritime security institutions
both in land and at sea. Systems for
will be actively pursued.
responding to crime and emergencies will be

306 | Philippine Development Plan 2023-2028


Outcome 3: Protection and safety from natural hazards
and other security threats ensured
Improve capacity and capability Protect critical infrastructure,
of security forces and LGUs on strategic assets, and natural
humanitarian assistance and disaster resources
response and protection services
Scenario-based planning, preparedness,
to mitigate the impacts of natural
hazards and other emergencies and response mechanisms, as well as the
protocols to protect critical infrastructure
To manage disaster risks, the National and assets, will be enhanced. Capacity
Disaster Risk Reduction and Management to respond and manage maritime-based
Plan 2020–2030 will be fully and effectively disasters like oil spills and hazardous and
implemented. The National Chemical, noxious substances spills will be improved
Biological, Radiological, and Nuclear by mobilizing coastal barangay information
Action Plan will be integrated in national networks and Bantay-Dagat volunteer
and local disaster mitigation and response organizations, and by establishing marine
planning, together with the established pollution centers in strategic locations.
protocols and standard operating procedures Meanwhile, existing mechanisms and
in dealing with CBRN-related concerns. procedures to protect critical infrastructure
The BFP Modernization Act will be fully assets will be strengthened37 through
implemented to ensure more responsive fire improved coordination and capacity of
protection services across the country.34 A various government agencies and LGUs in
program to enhance citizen volunteerism critical infrastructures mapping, vulnerability
in disaster response will be established, scanning, and threat assessment.
with resources and training support and
using the AFP Reservists Act35 and the Strengthen security and resilience of
National Service Reserve Corps36 as the Philippine cyberspace
platforms. The assessment of the exposure To strengthen security against cyberattacks
and vulnerabilities of LGUs to disaster risks on critical information infrastructure (CII),
will be expanded. Likewise, capacity building the government will: (a) capacitate CII
on public safety and disaster preparedness sectoral cybersecurity emergency response
will be intensified. Local and international teams; (b) develop a manual of operations
cooperation in humanitarian assistance and and standard protocols on cybersecurity for
disaster response operations, joint exercises, public and private institutions; (c) ensure
training activities, and information sharing interoperability and intelligence fusion of
will be scaled up. security and law enforcement agencies in
tracking and monitoring online transactions
of criminal elements, terrorist groups, and
illegal drug traders; (d) strengthen capacity
and upgrade technical skills of strategic

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 307
agencies on cybersecurity; (e) strengthen cybersecurity curriculum in academic
cyber defense component in the and technical education institutions; and
modernization of the AFP; (f) forge stronger (i) institute a national policy framework
collaboration with local and international on cybersecurity. In addition, the country
partners; (g) institute minimum information will optimize space science and technology
security and cybersecurity standards for applications through the Philippine Space
CII and government agencies; (h) develop Agency (PhilSA).38

Outcome 4: Territorial integrity and sovereignty upheld


and protected
Strengthen advocacy on respect for friends and allies will be strengthened, while
rules-based regime in the regional defense cooperation arrangements, such
and international community as the Mutual Defense Treaty and Visiting
Forces Agreements, will be maximized by
Particularly for territorial sovereignty
involving other security institutions in the
concerns and protection of fisherfolk in
training exercises.39
territorial waters, the government will
advocate the 2016 PCA ruling favoring the The self-reliant defense posture program
Philippine position (See Chapter 5). The will be revived and supported to rebuild the
completion of the code of conduct in the defense industry. Technical cooperation
South China Sea will be pursued. A whole- will be pursued in areas of capacity building
of-nation approach will be adopted in and technology development in defense
influencing local, regional, and international science and industry, including space science
bodies. and technology applications. Monitoring
and information systems and technical
Pursue greater international and
interoperability of maritime security agencies
regional dialogues and cooperation
will be harmonized to ensure a holistic and
Bilateral, minilateral, and multilateral integrated policy on maritime domain.
diplomatic arrangements in promoting
regional security will be strengthened Strengthen capacity of institutions
and expanded, while greater people-to- in security assessment, operations,
people dialogue among allied states will be and response relative to geopolitical
promoted. developments

The government will increase the capacity of


Develop a modern, credible, and
security institutions on maritime security and
self-reliant defense force
territorial defense, particularly on intelligence
Capacity and materiel upgrade will be and counterintelligence operations, and
pursued to achieve a minimum deterrence intensify international cooperation. Policies
capability of the AFP. Cooperative joint relative to the role of the AFP, PNP, and
military and intelligence exercises with other relevant security agencies in internal

308 | Philippine Development Plan 2023-2028


security operations will be reviewed. of overseas Filipinos in difficult and/or
Moreover, the ability of relevant agencies to dangerous situations will be enhanced.
implement rescue and expatriation operations

Cross-cutting Strategies
Cross-cutting strategies will be carried out to Mobilize a broad-based constituency
support the sectoral outcomes and priorities. for peace

Sustain compliance of LGUs to Peace education will be integrated in formal


good governance principles and of and informal learning platforms, as well
security institutions on human rights as a sustained culture of peace campaigns.
and rule of law The establishment of a National Peace
Institute under the Office of the Presidential
Good governance and the protection Adviser on Peace, Reconciliation and Unity
and promotion of human rights directly (OPAPRU) will be pursued to institutionalize
contribute to peace-building, conflict and sustain the gains of the peace process. A
prevention, and post-conflict recovery. The strategic communication plan will be carried
government will foster efficient, inclusive, and out to increase public awareness on peace and
accountable LGUs to boost the confidence security strategies of the government, while
of people toward the government and an inclusive communication plan will be
human rights-based security institutions in initiated to entice members of armed threat
strengthening partnership with communities. groups to abandon a life of violence and
In addition, better reward schemes, return to civilian life.
intensified mainstreaming efforts, and
appropriate penalties on violators will be put
in place.

Ensure gender mainstreaming and


protection of vulnerable groups in
conflict-affected communities

Affirmative action will be done to protect


and promote women and gender rights; and
safeguard the welfare of vulnerable groups,
including children, youth, elderly, PWDs, and
internally displaced persons, during conflict
situations and post-conflict recovery.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 309
Legislative Agenda
Table 13.1.1 contains priority bills for the 19th Congress during the Plan period to ensure peace
and security.

Table 13.1.1 Legislative Agenda to Ensure Peace and Security


RESPONSIBLE
LEGISLATIVE AGENDA RATIONALE/KEY FEATURES
AGENCY
National Defense Act This aims to amend Commonwealth Act No. 1 (National Defense Act of 1935) by DND
streamlining and further professionalizing the Department of National Defense (DND)
and its bureaus.

Mandatory Citizens’ Service This aims to unify the three training programs of the current National Service DND
Training Act Training Program into a single and comprehensive citizens’ civil and military training
in the first two years of a baccalaureate degree program.

Self-Reliant Defense Posture Act This aims to strengthen the capabilities of the DND to support the development of DND
the defense industry and provide incentives for firms to participate in the effort.

Philippine Maritime Zones Act This aims to establish maritime zones and sovereignty jurisdictions where maritime National Coast Watch
rights can be exercised against unnecessary and dangerous maneuvers of foreign Council (NCWC)
vessels traversing and entering the Philippine territory.

Philippine Archipelagic Sea This aims to designate sea lanes and air routes for safe and innocent passage NCWC
Lanes Act consistent with the provisions of the United Nations Convention on the Law of the
Sea to prevent arbitrary international passage in the Philippine archipelago.

Critical Information Infrastructure This aims to protect CIIs by prescribing minimum standards for compliance by Department of
Protection Act government agencies. Information and
Communications
Technology (DICT)

Cybersecurity Act This aims to strengthen the cybersecurity workforce in the country and strengthen DICT
capabilities of the DICT by providing it with regulatory authority over CIIs and the
cybersecurity industry.

Enabling law creating an This will provide an operational basis for future convergence efforts between OPAPRU
autonomous region in local government units, national government agencies, and stakeholders in the
the Cordilleras organization of the Cordillera as an autonomous region.

310 | Philippine Development Plan 2023-2028


Results Matrix
Table 13.1.2 contains year-by-year and end-of-plan indicators and targets that the government
seeks to attain within each of the outcomes during the Plan period to ensure peace and security.
Table 13.1.2 Results Matrix: Ensure Peace and Security
ANNUAL PLAN TARGETS RESPONSIBLE
BASELINE MEANS OF REPORTING
INDICATORS AGENCY/INTER-
(YEAR) ANNUAL EOP VERIFICATION ENTITY
AGENCY BODY
Subchapter 1 Intermediate Goals: Ensure Peace and Security
Outcome 1: Protection and development of conflict-affected and conflict-vulnerable communities sustained
Living conditions in conflict-affected
and conflict-vulnerable communities
improved
Percentage of Barangay 822 100% of barangays 100% National Task Force to NTF-ELCAC, DILG, NTF-ELCAC
Development Program beneficiary provided with End Local Communist LGUs
beneficiary-barangays provided barangays interventions by Armed Conflict (NTF-
with socioeconomic interventions (2021) 2023 ELCAC) progress
reports
1,406 100% of barangays 100% NTF-ELCAC progress NTF-ELCAC, DILG, NTF-ELCAC
beneficiary provided with reports LGUs
barangays interventions by
(2022) 2024
Percentage of implementation of 43% 100% OPAPRU Report BARMM, OPAPRU OPAPRU
peace agreements: (2021)
Comprehensive Agreement on the
Bangsamoro

Percentage of implementation of 50% 100% OPAPRU Report OPAPRU OPAPRU


peace agreements: (2021) (by 2025)
1996 Final Peace Agreement with
the Moro National Liberation Front
Percentage of implementation of 44% 100% OPAPRU Report OPAPRU OPAPRU
peace agreements: (TPG, 2021) (by 2023)
2000 Peace Agreement with the 0% 100%
RPMP-RPA-ABB (NDCG, (by 2024)
2021)
5-Year Normalization Program 52% 100% OPAPRU Report OPAPRU OPAPRU
with the Government of the (2021) (by 2024)
Philippines (GPH)–CBA–CPLA Peace
Process
Outcome 2: Quality of life of people safeguarded from criminality
Average monthly index crime rate 3.01 Decreasing Below Crime Incident Philippine National PNP
reduced (Sustainable Development (2021) baseline Reporting and Analysis Police (PNP)
Goal [SDG] indicator)40 target System (CIRAS)

Proportion of families that feel safe 89.8% Increasing Above APIS PNP, LGUs Philippine
walking alone in the community at (2020) baseline Statistics
night (SDG indicator) target Authority
Outcome 3: Protection and safety from hazards and other threats ensured
Percentage of cyber incident reports 80% Increasing Above DICT Reports DICT DICT
processed and/or closed and (2022) baseline
remediated target

Outcome 4: Territorial integrity and sovereignty upheld and protecteda


Maritime domain awareness improved
Air domain awareness improved
a
Indicators for internal monitoring only; not for publication.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 311
Subchapter 13.2 Enhance Administration of
Justice
A stable and accountable justice system is essential in achieving economic transformation. In such
a system, the needs and expectations of litigants are reliably managed within definite timeframes by
impartial actors, supported by a technologically adaptive and disaster-resilient infrastructure. The
system entails the provision of cost- and time-effective dispute resolution mechanisms, whether
traditional or alternative, which inspire faith and confidence among stakeholders.
Efficient justice administration is realized when stakeholders from all sectors of society, including the
business sector, can resolve legal disputes within the justice system. When there is confidence in the
justice system, more entrepreneurs and business leaders are willing to expand their businesses through
investments in assets and people.41

Assessment and Challenges


A well-functioning justice system contributes In 2020, the Philippines posted an
to creating a healthy business environment.42 improvement in the Doing Business Report
Literature has shown that there is strong of the World Bank from 124th to 95th out of
correlation between the efficiency of 190 economies,46 It scored high in terms of
the justice system and commercial and starting a business, dealing with construction
entrepreneurial activity.43 If uncertainties permits, and protecting minority investors.
exist in how economic disputes are resolved, However, it lagged in terms of enforcing
capitalists may shy away from investing contracts and resolving insolvency, especially
their money for fear that aside from known among its ASEAN counterparts.47
business risks, they will also have to allocate
Nonetheless, the Philippines has enacted
resources on costly and delayed litigation.
and amended legislations and regulations
The overall percentile rank of the Philippines toward improvement in the justice system.
in cross-country indices remains low. The These include RA 11576,48 which amended
country failed to meet the 2022 targets in the jurisdictions of the First Level and Second
the fundamental rights (29.00 vis-à-vis Level Courts in civil cases; and RA 10951,49
15.71), civil justice (27.00 vis-à-vis 25.71), which updated the penalties for offenses
and criminal justice (29.00 vis-à-vis 16.43) based on pecuniary value. Moreover, the
sub-indicators under the World Justice Implementing Rules and Regulations of
Project.44 It likewise failed to meet the 2021 the Good Conduct Time Allowance Law
target in rule of law index (50.00 vis-à-vis and the 2018 New Bail Bond Guide of the
26.92) under the Worldwide Governance Department of Justice (DOJ) have also been
Indicators.45 implemented.

312 | Philippine Development Plan 2023-2028


The Judiciary has also issued guidelines to cleared backlogs in the most congested
ensure that the disposition of actions and prosecution offices. Meanwhile, the SC
proceedings is just, prompt, and inexpensive. amended the 1997 Rules of Civil Procedure,
Among these are the 2019 Amendments to allowing an electronic mode of filing, service
the 1997 Rules of Civil Procedure, the 2019 of pleadings, and court submissions. The
Amendments to the 1989 Revised Rules National Justice Information System (NJIS),
on Evidence, and the Rules on Expedited which has been implemented to address case
Procedures in the First Level Courts. delays particularly in criminal actions, is also
being expanded to include the Single Carpeta
Despite these positive developments,
System (Inmate Management Information
several policy reforms and key legislations
System) and is laying the groundwork for a
remain unattained.
unified penology system.
Fragmentation of the criminal justice
However, more measures to prevent docket
system remains a challenge. The criminal
congestion should be put in place. Based on
justice system in the Philippines has five
the 2021 data from the NPS, only 92 percent
pillars—law enforcement, prosecution, the
of all criminal complaints have completed
courts, correction, and the community. Its
preliminary investigation. Meanwhile, the
administration is shared by the Executive
judiciary has achieved only 93 percent
and Judiciary branches of government,
clearance rate. These measures include,
resulting in a fragmented system. It has
among others, the nationwide rollout of
achieved better coordination through the
the Prosecution Case Management System,
Justice Sector Coordinating Council (JSCC),
streamlining of court rules and procedures,
which has facilitated thoughtful identification
strengthening of case build-up between
of common problems and development
the prosecution and the law enforcers, and
of sector-based solutions in selected areas
review of human resource requirements.
called Justice Zones. At present, nine Justice
Procedures in the justice sector should
Zones have been established in Quezon
likewise be automated and digitalized to
City, Cebu City, Davao City, Angeles City,
expedite proceedings and for data accuracy
Bacolod City, Naga City, Calamba City,
and consistency.
Balanga City, and Baguio City. In these Justice
Zones, six information systems have been Limited resources weaken the justice sector.
operationalized, leading to enhanced delivery The judiciary has consistently received less
of swift and fair justice.50 than 1 percent of the annual budget since
2003,51 leading to compounded problems
Backlogs in resolving cases, delays caused
including shortage of courts and insufficient
by inefficient practices, and aging persist.
human resources particularly in key justice
Both the National Prosecution Service
sector positions. This has compelled the
(NPS) of the DOJ and the Supreme Court of
judiciary to designate judges in interim
the Philippines (SC) have adopted reforms
capacities or pairing them in vacant branches.
in case decongestion and delay. The NPS
In the meantime, prosecutors and public
undertook a decongestion program that

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 313
attorneys are assigned to two or more Low public confidence in the justice system
courts at a time despite the existence of laws undermines the rule of law. While justice
prescribing the ideal ratio (1:1) of Prosecutor sector actors generally received good net trust
and Public Attorney’s Office (PAO) Lawyer ratings in the 2021 Justice Needs Survey,52
to courts. A sector approach, which entails public perception on the justice sector
close coordination among justice sector remains rather negative. As a result, many
institutions, agencies, and actors, is thus ordinary Filipinos tend to turn to media
necessary to determine and maintain personalities and other non-legal sources such
the appropriate ratio of justice sector as online forums and even social media to air
professionals to every court. their grievances and attempt to resolve them.

Strategy Framework
The strategy framework in Figure 13.2.1 efficiency and improving the plight of
emphasizes the need for coordinated persons deprived of liberty (PDL) and other
action to enhance justice administration vulnerable groups.
by increasing case disposition quality and

Figure 13.2.1 Strategy Framework to Enhance Administration of Justice

ENHANCE ADMINISTRATION OF JUSTICE

ACCESS TO QUALITY FREE OR QUALITY OF LIFE OF PERSONS


QUALITY AND EFFICIENCY IN AFFORDABLE LEGAL SERVICES BY DEPRIVED OF LIBERTY (PDL) IMPROVED,
DISPOSITION OF CASES IMPROVED AND PRODUCTIVE RE-INTEGRATION OF
FILIPINOS IMPROVED PDL IN THE COMMUNITY ENSURED

Establish and/or strengthen Promote free legal services access Undertake construction and repair of
coordination mechanisms to improve Establish free legal aid public penal facilities
sector efficiency and accountability directory and referral system Establish a unified penology and
Create a Central Evidence Unit to Expand Justice on Wheels Program corrections system
store and handle evidence in criminal Operationalize the National
cases Strengthen victim legal protection
and assistance Preventive Mechanism
Improve human resource allocation in Expand the e-Dalaw system,
the justice sector Expand access to non-financial bail
and periodic review of preventive livelihood and entrepreneurial
Adopt sectoral training for all imprisonment opportunities for PDL, and
stakeholders in commercial disputes multi-disciplinary rehabilitation
Advance the use of ADR mechanisms mechanisms
at all levels Identify classes of PDL, who may be
Maximize the use of digital qualified for early release, and
technology and build a robust, expand access to parole and
efficient, and disaster-resilient ICT probation for certain classes of
architecture for the justice sector offenses

Implement the integration of the Operationalize the unified referral


unified crime index to improve and monitoring system for former
uniformity of crime data PDL

Streamline the rules on the disposition


of specialized and multi-party cases
Automate consumer complaints
handling
Provide private sector-led redress
mechanisms

314 | Philippine Development Plan 2023-2028


Strategies
Outcome 1: Quality and efficiency in disposition of cases
improved
Establish and/or strengthen as the PNP and NBI, among others. This
coordination mechanisms to improve cooperation will facilitate case build-up
sector efficiency and accountability through proper collection, preservation, and
presentation of evidence, and will ensure
The JSCC will launch a new Justice Zone
successful prosecution, inclusive of legal and
per quarter within the plan period, while
technical guidance.
existing Justice Zones expand functions to
include monitoring and assessment of their Create a Central Evidence Unit to
coordination mechanisms, implementation store and handle evidence in criminal
of reporting to the JSCC, and sharing of best cases
practices. The DOJ, together with relevant
law enforcement agencies or through the Relevant justice sector agencies will pursue
JSCC, will streamline criminal investigation, the establishment of a Central Evidence Unit
prosecution, and case management as a main component of the Justice Hubs,
processes, including those for heinous which will serve as the main repository of all
crimes and illegal drugs. RA 10867,53 or evidence in criminal cases including storage
the National Bureau of Investigation (NBI) of electronic evidence.54 To address inefficient
Reorganization and Modernization Act, processing of evidence, an integrated system
will be fully implemented. It will improve handled by sector-representative personnel
scientific investigation capabilities, strengthen will be put in place. This system will be
witness and whistleblower protection, and used for electronic and physical validation
other special enforcement and protection and documentation of evidence coming
programs, to increase investigative and from various agencies, including from law
prosecutorial effectiveness. enforcement, prosecution, and the courts.

Justice Hubs will also be established in Improve human resource allocation


selected LGUs. These will serve as a one-stop in the justice sector
venue for criminal justice and have an A JSCC enabling law that adopts a
infrastructure that houses courts, prosecutors, sector-based approach will be enacted.
public attorneys, the police, and a jail This legislation will support the creation of
with classified housing for surrendered or human resource positions that cover justice
apprehended drug offenders. sector actors in both the Judiciary and the
Executive Department and will ensure the
Moreover, legislative and policy reforms will
required ratio of court to prosecutor to public
be pursued to institutionalize cooperation
attorney. Sectoral human resource planning
between prosecutors and law enforcers such
will be strengthened to facilitate timely and

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 315
coordinated creation of new positions and and private sectors in accordance with
appointments, as well as establishment of new international standards.
courts and prosecution offices, among others.
Likewise, data analytics will be adopted to Moreover, the Katarungang Pambarangay
enhance the planning process. or the Barangay Justice System will be
explored to consider expansion of its existing
Adopt sectoral training for all jurisdiction, which is currently limited to
stakeholders in commercial disputes disputes involving parties that reside within
the same city or municipality or in adjoining
A sector-based approach will be adopted in cities or municipalities. The exemption of
the settlement of commercial disputes, which criminal cases involving offenses punishable
include intra-corporate cases, intellectual by a maximum penalty of imprisonment
property cases, cases involving admiralty and exceeding one year or a fine over PHP5,000
maritime laws, financial rehabilitation and from the Katarungang Pambarangay will
liquidation of insolvent debtors, competition also be revisited to ensure alignment with
cases, and cybercrime cases, among others. It RA 10951, which adjusted the fines and the
will support the conduct of sectoral capacity property values on which penalties are based
building and information exchange activities under the Revised Penal Code.
to facilitate case disposition with the least
delay, while still providing all relevant Maximize the use of digital
information required by the courts that are in technology and build a robust,
the control and custody of various agencies in efficient, and disaster-resilient ICT
the Executive Department. architecture for the justice sector

Advance the use of Alternative Robust internet infrastructure will be


Dispute Resolution mechanisms established within the justice sector to
at all levels
further support online hearings and case
The SC will revisit the Rules of Court to management systems. The courts will be
include a filtering mechanism that will automated, and personnel will be upskilled to
require litigants to first exhaust all available support a suite of digitalized services, such as
Alternative Dispute Resolution (ADR) video conferencing hearings. The NJIS will be
mechanisms before judicial recourse. fully implemented through the Single Carpeta
Relevant to this, the Office for Alternative System as the first step in information
Dispute Resolution (OADR) will continue to sharing among justice sector actors. It will be
undertake capacity building, and advocacy expanded eventually to include the Judiciary.
and informative programs on different ADR To facilitate full implementation of the
mechanisms, including the Katarungang NJIS, the government will allocate sufficient
Pambarangay. It will update, harmonize, financial and human resources for digital
and improve the Philippine legal framework transformation initiatives across the justice
to strengthen the use of ADR in the public sector, which include the implementation of
the Criminal Justice Information Exchange

316 | Philippine Development Plan 2023-2028


(CJiX) as the platform that will bridge the a simplified system of court-bound and
NJIS and the eCourt System (See Box 13.2.1). court-issued papers, where templates are
made available in the eCourt system portal
In conjunction with the eCourt System
and publicly, through the Trial Courts
and NJIS, the justice sector will also adopt
Automation Project.

Box 13.2.1 The National Justice Information System and the Criminal Justice Information Exchange

The National Justice Information System (NJIS)— led by the Department of Justice (DOJ)
and supported by the Department of Information and Communications Technology
(DICT), and funded by Congress since 2012—is a project that involves the development
and setup of core agency information management systems and inter-agency exchange
mechanisms. The NJIS is composed of two discrete clusters: the Law Enforcement
Cluster composed of the DOJ National Prosecution Service, PNP, NBI, Philippine
Drug Enforcement Agency, Dangerous Drugs Board, and Bureau of Immigration;
and the Corrections Cluster involving the Bureau of Jail Management and Penology
(BJMP); Bureau of Corrections (BuCor); Board of Pardons and Parole; and Parole and
Probation Administration.

The Criminal Justice Information Exchange (CJiX) will be established linking all justice
sector agencies. Each agency will develop its own ICT system, which will then be linked
to the CJiX. This will build the structure necessary to facilitate interchange of crime-
related data pertinent to civil actions and special proceedings, such as fraud in commercial
transactions, unfair competition, infringement on intellectual property rights, and
infrastructure and land disputes. Agencies at the core of this network are the DOJ, DILG,
and the judiciary. A key feature of the CJiX is the harmonization of criminal definitions
and procedures, as well as consensus on data capture, storage and retrieval.

Implement the integration of the international standard for crime statistics.


unified crime index to improve The DOJ and University of the Philippines
uniformity of crime data Law Center, in partnership with the DILG
and the SC, will conduct capacity building
A unified crime index database will be
on the use of the index database, including its
utilized in all applicable processes to
integration to existing data-related processes.
support the rollout of technology-based case
management solutions. All forms or logs that
list crimes will follow the exact nomenclature
of the index database that is compliant
with the International Classification of
Crimes for Statistical Purposes, which is the

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 317
Streamline the rules on the Automate consumer complaints
disposition of specialized and handling
multi-party cases
The Department of Trade and Industry
The rules on land disputes will be streamlined (DTI) will develop and implement the
to impose the mandatory consolidation of Philippine Online Dispute Resolution System,
causes of action relating to the same real which will serve as a web-based consumer
property, whether for possession, ownership, complaint portal and automate the entire
or damages. The rule on expropriation will consumer complaints-handling process of the
also be clarified to ensure that courts are government. This will be done by interlinking
compliant with issuing partial judgments at all the member agencies of the Consumer
the different stages of an expropriation case. Network, a collective of government agencies
The jurisdiction of the National Commission with consumer protection functions.
on Indigenous Peoples on claims of
indigenous peoples and indigenous cultural Provide private sector-led redress
communities on ancestral domains will also mechanisms
be considered. Furthermore, the SC will study Through the Bagwis Awards Program of the
the need to designate special courts on land DTI, business owners will be encouraged
dispute settlement. to establish consumer welfare desks or an
equivalent customer relations office inside
To handle multi-party cases, special rules of
their establishments. These desks or offices
procedure will be crafted. The procedures will
will provide a mechanism for the speedy
be simplified to give access to those who seek
resolution of consumer complaints, among
redress in mass injury cases, whether through
other parameters that seek to provide
civil or criminal proceedings.
immediate redress and at the same time
prevent additional cases for the court.

Outcome 2: Access to quality free or affordable legal


services by Filipinos improved
Promote limited law practice Establish free legal aid public
directory and referral system
The government will fully implement the
Revised Law Student Practice Rule under The SC, through the Strategic Plan for Judicial
Rule 138-A of the Rules of Court for the Innovations 2022–2027, will strengthen legal
under-privileged to address scarce legal aid initiatives as among its primary objectives
services. Under said rule, law schools for ensuring access to justice. In particular,
are required to establish legal aid clinics the SC, together with the DOJ, PAO,
and provide accredited law students the Integrated Bar of the Philippines, Philippine
opportunity to assist Filipinos who do not Association of Law Schools, and other legal
have representation in court. aid clinics will map available legal aid services

318 | Philippine Development Plan 2023-2028


per locality. Moreover, a database of free crimes and improve the accessibility and the
legal aid providers will be available online to administration of the program.
ensure that law enforcers and detainees have
immediate access, pursuant to the United At the same time, the Commission on
Nations Principles and Guidelines on Access Human Rights (CHR) will intensify its
to Legal Aid in Criminal Justice Systems. efforts to improve access to justice by:
(a) empowering the poor and marginalized
To ensure the expansion of legal services, to seek responses and remedies for injustice;
the DOJ will also establish the DOJ Action (b) improving legal protection, awareness,
Center in the regions. These action centers and aid; (c) improving civil society and
will act on complaints, requests for legal parliamentary oversight; (d) addressing
assistance, and queries of walk-in clients. human rights violations in the justice sector;
(e) strengthening linkages between formal
Expand the Justice on Wheels Program and informal structures; and (f) monitoring
The SC will expand the scope of the Justice on and evaluating such interventions.
Wheels Program to address specialized issues
Expand access to non-financial bail
like tenurial disputes in agrarian reform, and
and periodic review of preventive
climate and environmental cases. Bringing
imprisonment
the courts closer to litigants will ensure
speedy resolution of disputes in tenurial The Recognizance Act of 2012 (RA 10389)55
arrangements and environmental actions. will be revisited to expand the application
of recognizance. An automated notification
Strengthen victim legal protection system will likewise be implemented and
and assistance integrated in the eCourt system. This
Access to justice will be made more inclusive notification system will alert the accused,
especially among marginalized sectors who are availing of non-financial bail, of
such as women, children, PWDs, senior approaching court dates.
citizens, and indigenous peoples through
The courts will periodically review all
victim-centered, child-friendly, and gender-
criminal cases involving preventive
sensitive assistance mechanisms. Coordination
imprisonment to safeguard the rights of
among the DOJ, the PNP, and the Department
preventively imprisoned persons against
of Social Welfare and Development (DSWD)
unreasonable prolonged detention. The
will be strengthened to address fragmented
review will be reinforced by automating the
mechanisms in existing witness protection
computation of time served by the detainee,
and victim assistance programs. The DOJ will
integrating an alert system in the eCourt
intensify the Victims Compensation Program
system that will prompt the judge on the
by pursuing the amendment of RA 7309. This
release date of the detainee.
amendment will increase the compensation
for victims of unjust imprisonment and violent

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 319
Outcome 3: Quality of life of PDL improved, and
productive re-integration of PDL in the community
ensured
Undertake construction and repair of bodies for the prevention of torture and other
penal facilities cruel, inhumane, or degrading treatment of
The government will expand existing penal punishment, as well as inspect the treatment
facilities and establish new ones to house the and living conditions in detention and penal
inmate population adequately. Construction facilities.
and repair of penal facilities will adhere
Expand the e-Dalaw system,
to international standards56 to guarantee
livelihood, and entrepreneurial
dignity and health of detainees, as well as
opportunities for PDL, and
support effective rehabilitation and social
multi-disciplinary rehabilitation
re-integration of PDL. Likewise, concerned
mechanisms
agencies will adopt digitalization of jail
records. Toward this end, the DOJ, DILG, The e-Dalaw system will be expanded to
and the LGUs will also secure the required afford unhampered access to justice and
annual budgetary allocation and seek the enforce social reintegration. Infrastructure to
assistance of the Department of Public support video conferencing for visitations and
Works and Highways and the DICT to ensure hearings will be established to reduce possible
uninterrupted project implementation. risks associated with in-person contact, such
as smuggling of prohibited items.
Establish a unified penology and
corrections system To provide livelihood opportunities for
PDL, the DTI will continue its product
A single agency will be created to manage
development and marketing trainings for
all seven national prisons and 926 city,
PDL who are skilled in handiwork. These
district, municipal, and provincial jails, as
trainings will provide PDL opportunities
well as administer rehabilitation programs
to earn their keep and for their families.
for convicted offenders. This new agency
The government will also provide tax
and the courts will work together through
incentives or other non-monetary
information sharing to guarantee the timely
incentives and recognition to employers and
release of detainees or convicted offenders.
business establishments that will provide
Operationalize the National capacity-building, livelihood, or employment,
Preventive Mechanism as well as entrepreneurial opportunities
to PDL. It will also conduct a study to
Champions in Congress will be tapped to
determine whether expungement of criminal
enact a law that will comply with the UN
records adopted in other jurisdictions is
Convention Against Torture and Other
viable to remove the stigma associated
Cruel, Inhuman, or Degrading Treatment
with incarceration.
or Punishment (UN CAT) and its Optional
Protocol (OPCAT). The UN CAT and
OPCAT require the formation of visiting
320 | Philippine Development Plan 2023-2028
A law that unifies the holistic reintegration Distinctions in our penal laws with respect to
strategy of formerly incarcerated offenders heinous, violent, and non-violent offenders,
will be enacted, involving a multi-disciplinary rather than a simplistic penalty-based
program that ensures the successful classification, will be considered.
rehabilitation of convicted offenders. The
program will be directed toward improving Operationalize the unified referral
the offenders’ behaviors, skills, mental health, and monitoring system for
social functioning, and access to education former PDL
and employment. The government will assess post-
incarceration outcomes in the form of
Identify classes of PDL who may facilities for psychiatric support and
be qualified for early release and supportive residential housing, such as
expand access to parole and halfway houses. It will give due consideration
probation for certain classes to certain classes of offenders. For instance,
of offenses in drug cases, the rehabilitation program will
The Revised Penal Code, the Indeterminate be designed to address underlying problems
Sentence Law, and the Probation Law will of substance abuse that might lead to re-
be reviewed and revised to allow convicted offending. Furthermore, the functions of the
offenders to avail of the benefits provided by Barangay Anti-Drug Abuse Council will be
said laws. The revision, however, will depend expanded to include monitoring of former
on data from the DOJ regarding which PDL to assist in their complete rehabilitation
parolees and pardonees are highly unlikely and reintegration into communities.
to be recommitted to prison on account of
recidivism. The classes of repeat offenders
(recidivist, habitual delinquent, reiteracion,
and quasi-recidivist) will be simplified.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 321
Legislative Agenda
Table 13.2.1 contains priority bills for the 19th Congress during the Plan period to enhance the
administration of justice.

Table 13.2.1 Legislative Agenda to Enhance Administration of Justice


RESPONSIBLE
LEGISLATIVE AGENDA RATIONALE/KEY FEATURES
AGENCY
Justice Sector Coordinating Council (JSCC) This aims to formally recognize the JSCC as a government body, with a DOJ and DILG as JSCC
enabling law permanent secretariat, to be charged with institutionalizing coordination principals
mechanisms in the justice sector.

Justice Sector human resources rationalization This adopts a sector-based approach to creating positions in the justice DOJ, PAO
sector by matching the creation of courts with corresponding increases
in the number of prosecutors, public attorney’s positions, etc.; and creates
more justice sector positions to deal with workload and case congestion.

Expand Katarungang Pambarangay This will reassess exemptions of cases that may be brought before DILG
the Lupong Tagapamayapa, particularly with respect to residence and
thresholds of criminal cases.

Unified Penology System This aims to unify all penal institutions under one agency, with close BuCor, BJMP, DILG
collaboration among courts for the disposition of detention prisoners and
convicted offenders.

Commission on Human Rights (CHR) as lead This will strengthen the CHR as a National Human Rights Institution, CHR
agency for the National Preventive Mechanism compliant with the requirements of the United Nations Paris Principles,
United Nations Convention against Torture, and Optional Protocol to the
Convention Against Torture.

Unified Reintegration Strategy This creates a comprehensive and holistic program for the reintegration of DOJ (lead), BJMP (lead),
PDL post-incarceration, including employment opportunities in the public DTI, DOLE, DSWD
sector and providing incentives for the private sector that will accept PDL
as employees.

Strengthening and/or modernization of the This will strengthen human resource allocation and improve or promote the PPA
Parole and Probation Administration (PPA) social, moral, and economic well-being of probation and parole workers to
address the disproportionate number of probation and parole officers vis-à-
vis the applicants, to ensure efficient and effective service delivery.

Results Matrix
Table 13.2.2 contains year-by-year and end-of-plan indicators and targets that the government
seeks to attain within each of the outcomes during the Plan period to enhance the
administration of justice.

Table 13.2.2. Results Matrix: Enhance Administration of Justice


ANNUAL PLAN TARGETS RESPONSIBLE
BASELINE MEANS OF
INDICATORS AGENCY/INTER-
(YEAR) VERIFICATION
2023 2024 2025 2026 2027 2028 AGENCY BODY
Subchapter 2 Intermediate Goal: Enhance Administration of Justice

Outcome 1: Quality and efficiency in disposition of cases improved

Quality in disposition of cases improved

Case completion period 86 87 88 89 90 91 92 SC Annual Report SC


in judicial dockets
improveda

322 | Philippine Development Plan 2023-2028


ANNUAL PLAN TARGETS RESPONSIBLE
BASELINE MEANS OF
INDICATORS AGENCY/INTER-
(YEAR) VERIFICATION
2023 2024 2025 2026 2027 2028 AGENCY BODY
Percentage of 91.05 91.05 91.07 91.09 91.11 91.13 91.15 DOJ Annual DOJ
successful prosecution (2021) Report
improved (convictions
vis-à-vis acquittal)b

Completion rate of 40.74 41.24 42.44 43.64 45.24 46.84 48.44 Public Attorney’s PAO
cases handled improved (2021) Office (PAO)
Annual Report

Efficiency in disposition of cases improved​

Disposition rate for all 39 41 43 45 47 49 51 SC Annual Report SC


court levels improved (2021)

Percentage of criminal 92.29 92.29 92.30 92.31 92.32 92.33 92.34 DOJ Annual DOJ
complaints resolved on (2021) Report
preliminary investigation
improved

Clearance rate of all 93 95 97 99 101 103 105 SC Annual Report SC


courts improved (2021)

Settlement rate of Alternative Dispute Resolution (ADR) cases improved

Settlement rate 77 79 80 81 82 83 84 Department DILG, Office for


of ADR cases by (2021) of the Interior Alternative Dispute
the Katarungang and Local Resolution (OADR)
Pambarangay (KP) Government
improved (DILG) KP Case
Statistics Report

Settlement rate of ADR 51 53 55 57 59 61 63 SC Annual Report SC


cases by the judiciary (2021)
improved c

Settlement rate of ADR 48.49 50 51 52 53 54 55 OADR OADR


cases by the executive (2021)
branch improved

Outcome 2: Access to quality free or affordable legal services by Filipinos improved

Public attorney-to-court 1:2 1:1 1:1 1:1 1:1 1:1 1:1 PAO Annual PAO
ratio improved (2021) Report

Prosecutor-to-court 45.6 45.6 55 73 82 91 100 DOJ Plantilla DOJ


percentage ratio improved

Outcome 3: Quality of life of PDL improved, and productive re-integration of PDL in the community ensured

Congestion rate in jail and prison facilities reduced

Average congestion rate 390 356 341 328 315 302 290 Bureau of Jail BJMP
in jail facilities reduced (July 2022) Management
and Penology
(BJMP) data

Congestion rate in 304 328 291 302 313 252 262 Bureau of BuCor
prison facilities reduced (July 2022) Corrections
(BuCor) data

Percentage of parolees 98.94 98.94 98.95 98.96 98.98 99 99.02 DOJ Open BuCor
and pardonees not (2021) Government data
recommitted into prison
due to reoffending or other
infractions improved
a
Percentage of pending cases that are less than five years old from filing.
b
Prosecution success rate is computed as total conviction/total conviction and acquittal.
c
This represents the total cases mediated by the judiciary mechanisms, as follows: court-annexed mediation, mobile court-annexed mediation, appellate court
mediation, judicial dispute resolution, and tax cases before the Court of Tax Appeals.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 323
1
These are the 1976 Tripoli Agreement and 1996 Final Peace Agreement with the Moro National Liberation Front (MNLF); the ceasefire agreements with the
CBA-CPLA in 1986 and the RPMP–RPA–ABB in 2000; the Framework Agreement on Bangsamoro in 2012; and the Comprehensive Agreement on Bangsamoro in
2014 with the Moro Islamic Liberation Front (MILF).
2
Presidential Communications Office (PCO). 2021. RA 11593: An Act Resetting the First Regular Elections in the Bangsamoro Autonomous Region in Muslim
Mindanao, Amending for the Purpose, Section 13, Article XVI of RA No. 11054, otherwise known as the “Organic Law For The Bangsamoro Autonomous Region In
Muslim Mindanao. https://www.officialgazette.gov.ph/downloads/2021/10oct/20211028-RA-11593-RRD.pdf.
3
PSA. 2022. All Economies of 17 Regions Recovered from the 2020 Pandemic and Recorded Positive Growths in 2021; CALABARZON was the Fastest Growing
Region at 7.6 Percent. https://psa.gov.ph/grdp/grdp-id/167338.
4
PSA. 2022. Proportion of Poor Filipinos was Recorded at 18.1 Percent in 2021. https://psa.gov.ph/poverty-press-releases/nid/167972.
5
OPAPRU. 2021. Annual Accomplishment Report 2021: The Philippine Peace Process. https://peace.gov.ph/wp-content/uploads/2022/07/FY-2021-OPAPP-Annual-
Report.pdf.
6
Sarmiento, B. S. 2022. “Turning MILF Camps into Productive Ecozones: Still Much Work to be Done.” MindaNews. https://www.mindanews.com/top-
stories/2022/03/turning-milf-camps-into-productive-ecozones-still-much-work-to-be-done/.
7
These include the peace agreements with the RPMP–RPA–ABB, CBA-CPLA, MNLF, and MILF.
8
Office of the Presidential Adviser on the Peace Process (OPAPP). 2019. RPA-ABB Preps Weapons for Disposition. https://peace.gov.ph/2019/09/rpa-abb-preps-
weapons-for-disposition/.
9
OPAPP. 2020. Symbolic Destruction of CBA-CPLA Firearms Signify Firm Commitment To Genuine Peace in the Cordillera. https://peace.gov.ph/2020/10/symbolic-
destruction-of-cba-cpla-firearms-signify-firm-commitment-to-genuine-peace-in-the-cordillera/.
10
PAMANA is the government’s peace and development convergence program, which extends development interventions to communities in isolated and hard-to-
reach conflict-affected and conflict-vulnerable areas. It commenced under the administration of former President Benigno S. Aquino Jr.
11
The Barangay Development Program (BDP) is a peace and development program that aims to provide socioeconomic interventions, e.g., farm to market roads,
school buildings, health stations, and livelihood support to barangays cleared from CPP-NPA-NDF. The BDP was instituted under the administration of former
President Rodrigo Roa Duterte. https://www.ntfelcac.org/bdp.
12
Haim, D., M.C. Fernandez, and M. Cruz. 2019. Evaluation Report: Evaluation of the Payapa at Masaganang Pamayanan (PAMANA) Program. National Economic and
Development Authority. https://nep.neda.gov.ph/evaluations/70.
13
OPAPP. 2021. “Philippine Peace Process Milestones Take Center Stage in Pre-SONA Forum.” https://peace.gov.ph/2021/07/philippine-peace-process-milestones-
take-center-stage-in-pre-sona-forum/.
14
Support to beneficiaries include scholarships, health insurance, educational assistance, livelihood support.
15
Bolledo, J. 2021. “NTF-ELCAC Releases 16 billion to 812 ’NPA-free‘ Barangays.” Rappler.com. https://www.rappler.com/nation/ntf-elcac-fund-npa-free-
barangays/.
16
PCO. 2018. Institutionalizing the Whole-of-Nation Approach in Attaining Inclusive and Sustainable Peace, Creating a National Task Force To End Local Communist
Armed Conflict, and Directing the Adoption of a National Peace Framework. https://www.officialgazette.gov.ph/2018/12/04/executive-order-no-70-s-2018/.
17
Executive Order 70, s. 2018 institutionalized the whole-of-nation approach to peace and established the NTF-ELCAC.
18
Caliwan, C. 2022. “PH Crime Rate Drops by 73.7% in 5 Years Under PRRD: DILG.” Philippine News Agency. https://www.pna.gov.ph/articles/1168274.
19
Office of Civil Defense. 2022. The Philippines’ Midterm Review of the Implementation of the Sendai Framework for Disaster Risk Reduction 2015–2030 with a
Short-term Review of the National Disaster Risk Reduction and Management Plan (2020–2030). National Disaster Risk Reduction and Management Council.
https://www.preventionweb.net/media/84407/download.
20
OPAPP. 2019. GPH–MNLF Jikiri Group Coordinating Committee Convenes to Discuss Remaining Commitments Under 1996 FPA. https://peace.gov.ph/2019/12/
gph-mnlf-jikiri-group-coordinating-committee-convenes-to-discuss-remaining-commitments-under-1996-fpa/.
21
OPAPP. 2020. Joint GPH–MILF Facility to Ensure Protection of Decommissioned Weapons Completed. https://peace.gov.ph/2020/02/joint-gph-milf-facility-to-
ensure-protection-of-decommissioned-weapons-completed/.
22
These communities include those affected by the presence of the Communist Terrorist Group and Local Terrorist Groups.
23
Including the normalization of MILF camps, transformation program of MNLF communities, socioeconomic support to communities, and employment provision
for former combatants.
24
The Inter-Cabinet Cluster Mechanism on Normalization and its member agencies are mandated to support the Normalization Program as provided for in E.O.
79, s. 2019. However, its component agencies should also be supporting the parallel transformation program of the MNLF, which will contribute to ensuring the
security and stability of the region in preparation for the 2025 regional elections.
25
MILF; MNLF; CBA-CPLA; RPMP–RPA–ABB; and CPP–NPA–NDF.
26
Abu Sayaff Group, Maute Group, Daulah Islamiya, and Bangsamoro Islamic Freedom Fighters.
27
These are armed groups with terroristic goal or self-serving agenda.
28
This strategy is among the recommendations under the 2019 Evaluation of the PAMANA Program.
29
The Transformation Program will be implemented by the LGUs, in coordination with the Armed Forces of the Philippines, to help former rebels and their families
to become productive and resilient members of society.
30
The Global Initiative Against Transnational Organized Crime. 2021. Comparison of Criminalities Between Philippines and United States. https://ocindex.net/
country/philippines/united_states.
31
The porous borders of Southern Philippines, coupled with the debilitated border control in Sulu and Tawi-Tawi are major reasons for its utilization as a trans-
shipment route of trafficking of persons and goods.
32
Other areas considered critical are Ilocos Sur, Dagupan City, and Bicol Province.
33
Leones, C. and Caparas, D. 2003. Trafficking in Human Beings from the Philippines: A Survey of Government Experts and Law Enforcement Case Files. National
Police Commission. https://www.unodc.org/pdf/crime/human_trafficking/Exec_Summary_NAPOLCOM.pdf.
34
The Bureau of Fire Protection modernization law serve as basis in fire protection services.
35
Presidential Communications Office (PCO). 1991. RA 7077: Citizen Armed Force or Armed Forces of the Philippines Reservist Act. https://www.officialgazette.gov.
ph/1991/06/27/republic-act-no-7077/.
36
PCO. 2002. Republic Act No. 9163: National Service Training Program (NSTP) Act of 2001. https://www.officialgazette.gov.ph/2002/01/23/republic-act-no-9163/.

324 | Philippine Development Plan 2023-2028


37
PNP. 2020. Memorandum Circular No. 2020-081, PNP Critical Incident Management Operational Procedure. https://law.upd.edu.ph/wp-content/
uploads/2021/04/PNP-Memorandum-Circular-No-2020-081.pdf.
38
PCO. 2019. Executive Order No. 95, s. 2019, Reorganizing the National Cybersecurity Inter-Agency Committee, Amending Executive Order No. 189 s. 2015 and for
Other Purposes. https://www.officialgazette.gov.ph/2019/11/15/executive-order-no-95-s-2019/.
39
This includes the Philippine Coast Guard and other maritime law enforcement agencies.
40
Number of crime incidents per month/100,000 population.
41
World Bank Group. 2004. World Development Report 2005: A Better Investment Climate for Everyone. World Bank and Oxford University Press. https://ieg.
worldbankgroup.org/sites/default/files/Data/reports/development_effectiveness_0.pdf.
42
WB. 2022. Pre-Concept Note: Business Enabling Environment. https://www.worldbank.org/content/dam/doingBusiness/pdf/BEE-Pre-Concept-Note---
Feb-8-2022.pdf.
43
Ippoliti, R., Melcarne, A., Ramello, G.B. 2015. “Judicial Efficiency and Entrepreneurs’ Expectations on the Reliability of European Legal Systems.” European Journal
of Law and Economics 40 (1): 75–94.
44
World Justice Project. 2022. Rule of Law Index, Country: Philippines. https://worldjusticeproject.org/rule-of-law-index/country/2022/Philippines.
45
WB. 2022. Worldwide Governance Indicators: Philippines. https://info.worldbank.org/governance/wgi/Home/Reports.
46
WB. 2020. Doing Business 2020. Washington, DC. https://documents1.worldbank.org/curated/en/688761571934946384/pdf/Doing-Business-2020-Comparing-
Business-Regulation-in-190-Economies.pdf.
47
It should be noted that data collection for the Doing Business 2020 Report, which gave a 0.0 score for the Philippines in terms of court automation, was
completed in May 2019. The report states that it had no mechanism for the electronic filing of the initial complaint or electronic payment of court fees, among
others. A year later, the Supreme Court issued Administrative Matter No. 19-10-20-SC, or the 2019 Amendments to the 1997 Rules of Civil Procedure, which
specifically addresses the gap by allowing filing of pleadings electronically. In 2021, the Supreme Court launched the Judiciary ePayment system for small claims
cases.
48
PCO. 2021. RA No. 11576: An Act Further Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, Otherwise Known As “The Judiciary Reorganization Act Of 1980”. https://www.
officialgazette.gov.ph/2021/07/30/republic-act-no-11576/.
49
PCO 2017. RA No. 10951: An Act Adjusting the Amount or the Value of Property and Damage on which a Penalty is Based, and the Fines Imposed Under the
Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known As “The Revised Penal Code” as Amended. https://www.officialgazette.gov.
ph/2017/08/29/republic-act-no-10951/.
50
These information systems are the E-Warrant System, E-Subpoena System, the Crime Information Reporting and Analysis System, the National Police Clearance
System, the Prosecution Case Management System, and the Case Information Database Management System.
51
Batalla, E.V., Romana, M., Rodrigo, K. 2018. “The Judiciary Under Threat.” Routledge Handbook of the Contemporary Philippines. New York. Routledge.
52
This survey was conducted by the Social Weather Stations (SWS) and commissioned by the Governance in Justice (GOJUST) II Program. See SWS. Justice Needs
Survey 2021: Final Survey Report. 3 December 2021. Quezon City.
53
PCO. 2016. RA No. 10867: National Bureau of Investigation Reorganization and Modernization Act. https://www.officialgazette.gov.ph/
downloads/2016/06jun/20160623-RA-10867-BSA.pdf.
54
SC of the Philippines. 2001. Administrative Memorandum No. 01-7-01-SC on Rules on Electronic Evidence. https://www.doj.gov.ph/files/rules%20on%20
electronic%20evidence.pdf.
55
PCO. 2013. RA No. 10389: Recognizance Act of 2012. https://www.officialgazette.gov.ph/2013/03/14/republic-act-no-10389/.
56
United Nations Minimum Rules for the Treatment of Prisoners or the Nelson Mandela Rules, and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders or the Bangkok Rules, among others.

Chapter 13 Ensure Peace and Security and Enhance Administration of Justice | 325

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