All Filipinos consider public safety and national security indispensable. Markets cannot be relied on to provide these services in the amount society considers adequate. As a result, the government steps in and provides these public goods through its tax-and-spending programs.

Ensuring peace and order, to begin with, rests primarily on the ability of the government to curb criminal activities, such as, kidnap-for-ransom activities, bank robberies, and illegal drug trafficking. In this regard, it is vital to strengthen the five pillars of the criminal justice system, namely: (a) law enforcement and police; (b) investigation and prosecution; (c) courts and adjudication; (d) corrections and rehabilitation; and (e) community and barangays.

Insurgency continues to pose a threat to national security. The problem is rooted in a variety of interrelated factors, including economic, ideological, and political. To address insurgency, multipronged approaches are necessary. To start with, the fight against poverty is essential. It is well known that insurgency tends to be concentrated in economically depressed areas.

Developing political institutions such as the multiparty system helps in stamping out insurgency. Providing opportunities for marginalized sectors of society to be represented through a party-list system has not only widened the democratic space but also provided a better alternative to armed social causes.

As for banditry and terrorism, the full force of the law will be applied against perpetrators. It is State policy not to negotiate with lawless elements.

Security against potential external aggressors rests on enhancing military power. This means a continuing program of modernization of the armed forces.

ASSESSMENT AND CHALLENGES

Ensuring peace and order starts by attacking the roots of the problem: poverty and social exclusions. Criminality thrives best where abject poverty prevails. Investments and job generation are critical in ensuring the war against poverty. But jobs and investments will not materialize unless the government is able to overcome threats to internal security. A strengthening of the pillars of the criminal justice system is called for.

Law enforcement, one of the pillars of the criminal justice system, has been undermined by a low level of professional training, corruption and the poor technological capability of the police force. For example, around 30,000 policemen are not college graduates contrary to the requirements of law and only 31 percent of the 112,000-member Philippine National Police (PNP) have been issued standard 9mm pistols. Hampered by a tight budget, the PNP can only buy 1,516 such pistols, but it needs at least 25,789 more to do its job well.

Police officials have said that they need at least 3,000 more patrol cars, a conservative estimate that translates to only two cars for every town and city in the country. Of the 99 boats of the PNP Maritime Command, only five are speedboats while half are motorized bancas; a fourth are under repair at any given time. This has resulted in the loss of billions of pesos due to an inability to control smuggling, illegal fishing, and the Abu Sayyaf kidnappings.

Another pillar of justice is investigation and prosecution. About 400,000-500,000 cases comprise the volume for preliminary investigation each year. In year 2000, about 91 percent of 454,117 cases were disposed. In the same year, about 194 thousand and 544 thousand cases were on different stages of trial in Regional and Municipal Trial Courts, respectively. The sheer volume that has to be attended to not only dilutes the quality of prosecution, but also delays justice.

Judicial dispensation of justice has also been attributed to the courts. However, the disposition of cases remains slow as court dockets, from the Supreme Court to the first level courts, have remained heavily clogged. For example, some 27,000 cases involving violations against Batas Pambansa No. 22, or the bouncing-checks law, have clogged court dockets.

In the area of corrections and rehabilitation, the most pressing problem is the overcrowding of jails, detention centers, and correctional units. Subhuman conditions in crowded and dilapidated jails make rehabilitation and reformation efforts futile.

Meanwhile, community participation as a pillar has to be fully tapped. While initiatives have been introduced to involve citizens in anticrime initiatives such as tele-reporting through Hotline Patrol 117 and partnering with nongovernment organizations/people’s organizations (NGOs/POs), there is still much to be desired in improving police-community relations.

Armed social movements such as the CPP/NPA/NDF and the MILF continue to pose threats to the country’s security. They exploit prevailing socioeconomic conditions, particularly poverty, to entice the masses to support such social movements. Moreover, bandit groups like the Abu Sayaff still fester in Southern Philippines.

TARGETS AND STRATEGIES

Considering the serious challenges to public safety and national security, the Macapagal-Arroyo Administration is committed to stamping out crime, insurgency, and terrorism. The Action Agenda is based on the strategies listed below:

Professionalizing and Modernizing the Military and National Police

A competent, well-motivated, committed and professional police force is the key to winning the war against crime. Success against crime depends on strengthening key institutions involved in maintaining law and order. The government will accelerate the professionalization and modernization of the PNP and the Armed Forces of the Philippines (AFP) to strengthen crime prevention and external defense capabilities. This will entail the acquisition and upgrading of appropriate technology and equipment, as well as the relocation, improvement and construction of bases and other facilities. The credibility of the military and the police will be reestablished by breaking perceived links between certain law enforcement elements and criminal groups.

More PNP personnel will be deployed from the central and regional offices to the field in order to increase police visibility in local communities. A central office to field ratio of 15:85 will be enforced, wherein 85 percent of police forces would be required to patrol the streets instead of working behind desks in police stations. In terms of logistics a 65 to 35 percent ratio in favor of field operations will be effected.

In support of the anticrime drive of the PNP, the AFP shall provide effective and timely sharing of intelligence and counter-intelligence reports, as well as appropriate provision of combat support assets. To support the efforts of dangerous drugs enforcement agencies, the government will push for the enactment of a law reducing the amount of drugs in a suspect’s possession to be charged with drug trafficking.

In addition, the government will improve coordination among law enforcement agencies and strengthen linkages with the community and local authorities to eliminate kidnap-for-ransom syndicates.

Pursuing Peace Agreements

The government will continue its holistic approach to defuse armed conflicts and insurgencies. The strategy has the following components: (a) pursuit of political, economic and social reforms aimed at addressing the root causes of internal armed conflicts and social unrest; this may require administrative action, new legislation or even constitutional amendments; (b) consensus-building and empowerment for peace; (c) the pursuit of peaceful, negotiated settlement with armed social movements; (d) the implementation of reconciliation programs to reintegrate former rebels, demobilized combatants and civilian victims of internal armed conflicts into the mainstream of society; (e) ensuring the welfare and protection of civilians and reducing the adverse human impacts of the armed conflict; (f) confidence-building measures between the government and the rebel groups, and peace advocacy and education for the rest of society.

Following the six paths to peace, the government will pursue an agenda of peace-building and development with armed social movements. The Philippine government is faced with three major internal security concerns, namely: the local communist movement (LCM); and the Moro Islamic Liberation Front (MILF), and the Abu Sayaff bandits.

With respect to the LCM, the government aims to remove the root causes of insurgency through economic, sociocultural and political reforms and development, while defeating the armed elements and dismantling the dissidents’ political and military structure at the grassroots through internal security operations. Internal security operations will be intensified by clearing 16 priority fronts, of which four priority fronts will be dismantled every year. With regard to the rejectionist faction of the LCM, particularly the Revolutionary Proletariat Movement–Revolutionary Proletariat Army–Alex Boncayao Brigade, the government will conclude a new peace agreement.

As for the MILF, the intention is to achieve peace through dialogue and negotiation, redress the legitimate grievances of Filipino Muslims, and direct government resources to develop depressed Muslim communities. The government, however, will not allow Philippine sovereignty and territorial integrity to be compromised.

Against the Abu Sayaff and other lawless elements, the government will continue to pursue antiterrorist operations and law enforcement actions. In particular, the target is to solve the present hostage crisis in Basilan and annihilate the Abu Sayaff by 2003.

To complement the peace negotiations, the government takes action to address the immediate needs of small farmers in relation to land and production, the problems of the small fisherfolk, the economic needs of the urban poor, upholding the rights of indigenous cultural communities, and respect for human rights.

Mobilizing the Citizenry for Peace and Order

The government must aim for a high sense of accountability and ownership of the peace and order campaign. It shall encourage the setting up of various citizens’ organizations in the campaign against crime and graft and corruption, through the accreditation of anticrime and graft and corruption prevention units of NGOs and POs wherein concerned groups and ordinary citizens are properly represented. These civilian crime prevention units (CCPUs), which should be unarmed, can function as quick reaction force in reporting to the police incidence of crimes.

The provincial, city and municipal peace and order councils (POCs) will be mobilized as partners of law enforcement agencies in the anticrime campaign. They will take the lead in the all-out effort to improve peace and order at the local level. The provincial, city, or municipal POC will be strengthened to make it an active and responsive anticrime body. Meanwhile, the People’s Law Enforcement Boards (PLEBs) shall be reinvigorated to enable local communities to discipline erring police personnel in their jurisdiction.

Promoting Respect for Human Rights

The rule of law will be enforced without compromising basic freedoms and due process. Efforts of law enforcement agencies shall rest on the solid foundation of strong evidence. Thus, if there is a prima facie finding of wrongdoing, the concerned agencies will immediately investigate, gather additional necessary evidence and file the appropriate action, while ensuring that due process is properly observed, and that the fundamental rights of citizens are not compromised.

Military and police officers shall be instilled with respect for human rights. A system of monitoring human rights violations will be put in place. Courses on principles and practice of human rights and international humanitarian law and other related courses will be part of the civil service regular training and education programs in all government agencies, both at national and local levels.

Improving the Administration of Justice

Continuing reforms are needed to reverse public perception of a slow and elitist dispensation of justice. The government will aim for better coordination and convergence of the efforts of the five pillars of the criminal justice system, e.g., the courts, prosecution, law enforcement, corrections and the community.

The first priority is to lay the initial building blocks of lawfulness: protection of life and property from criminal acts; restraints on arbitrary action by government officials; and a judicial system that is fair and predictable. The government will concentrate in strengthening the legal, judicial and administrative framework for development. To improve the delivery of judicial services, the following reforms shall be pursued: (a) improving court systems and procedures; (b) increasing public access to judicial and legal services; and (c) improving the technical capability of judicial institutions in handling commercial cases.

Of particular importance would be the need to systematize the flow and management of data and information in the courts, provision and installation of an enhanced database management system, and capability building for court personnel in utilizing said system, the networking of judicial centers for faster and more extensive exchange of information; and creation of special facilities for video conferencing.

The Supreme Court, together with the other key stakeholders in the justice system, will pursue an Action Program on Judicial Reform, which covers reforms in judicial systems and procedures, structure, technology, financial management and fiscal autonomy for the Judiciary. Furthermore, the Barangay Justice System shall be reinvigorated to equip barangay officials and members with techniques for amicable settlement, arbitration of disputes, mediation and conciliation thereby enabling them to implement expeditious and decentralized resolution of certain cases. All newly elected barangay officials shall be required to undergo training on the Barangay Justice System.

Strategies like the creation of small claims courts (SCCs) whereby disputes involving small money claims can be settled are proposed. These cases, considering their number, have been clogging the court dockets. Accordingly, the SCC will be chaired by lawyers who have undergone special training and whose judgment is carried out by a sheriff in case of failure to pay within the agreed upon period of settlement. If these cases were taken out of the court system, judges, support staff and other judicial resources would be freed up, enabling them to concentrate on essential court matters.

By establishing the SCC, the Supreme Court can then focus on fundamental and complex new issues, such as environmental degradation, bioethics, and intellectual property rights (IPR).

Another judicial mode being studied to expedite and reduce unsolved cases is the formation of a teen court system wherein youth offenders, once proven guilty, will be asked to do community service in government or NGOs. The salary of the offender can be used to indemnify the victim.

The government will encourage the formation of mechanisms that promote partnership and collaboration among the executive, the legislature and the judiciary, including the private sector and civil society, in the effort to speed up the administration of justice. The names of applicants for justices, judges and other judicial posts will be accorded the widest publicity possible to give the public the fullest opportunity to assess the qualifications of the candidates.

Finally, the Charter of the Office of the Ombudsman shall be amended to streamline procedures in order to facilitate speedy resolution of complaints as well as to allow the services of private prosecutors, whenever necessary.

Concrete results will have to be demonstrated in the next three years if anticrime agencies are to enjoy the esteem of the public. Faster police response to complaints will be effected through the establishment of a one stop shop mechanism for reporting, investigating and the filing of cases against criminal elements. The goal is to maintain a safe environment conducive to the flourishing of normal productive pursuits. Investments and job creation require a peaceful and secure environment. Foreign and local investors must feel secure and protected.

Incidence of kidnap-for-ransom shall be reduced by 50 percent before the end of 2001 while other crimes shall be similarly reduced before 30 June 2002.

Crime solution shall also be intensified. Within 30 days, the PNP must be able to identify, arrest and file cases against the suspects of any crime perpetrated. Within 60 days from the arrest of the suspect, the appropriate case must be filed in court and expeditiously resolved by the courts.

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