This is a re-posted op-ed piece.
The government is correct in aiming for a higher conviction rate. In an interview last week, President Aquino cited a World Bank-funded study on the judiciary, which showed a dismal 14 percent conviction rate during the Arroyo administration, with 86 percent of cases dismissed or resulting in acquittals. The President implied that henceforth, prosecutors may have to do more than just “transfer papers from one desk to the other” if they want to be promoted.
He should deliver a similar message to the Philippine National Police. Even the best prosecutors can fail if a case is bungled from the start by police investigators and arresting officers. The PNP bases crime solution statistics on the number of cases filed with the fiscal’s office. Many of these cases do reach the courts, but records will show – as President Aquino himself has noticed – that the conviction rate is dishearteningly low.
That poor conviction rate has allowed crooks to go unpunished, fostering a culture of impunity in the commission of crimes, from corruption to illegal gambling to human trafficking and the murder of militant activists and journalists.
Some cases are dismissed in court because prosecutors or judges have been paid off. Others are dismissed on technical grounds. Such technical requirements – for conducting raids and searches, carrying out an arrest and handling evidence – cannot be dismissed as inconsequential; they are there to protect the innocent and prevent the miscarriage of justice.
Every police investigator should be well versed on these requirements if the government wants to improve the conviction rate. Cops who lack sufficient knowledge of the law should have access to legal advice. Every police district should have a legal team that can be tapped around the clock by law enforcers who need legal guidance. The PNP has a pool of lawyers in the Judge Advocate General’s Office that can be put to work in providing the needed advice.
If presented with an airtight case by the police, prosecutors will have few excuses if the case is bungled in the course of a court trial. There must be a system of keeping track of the progress of these cases, which will make it easier to pinpoint responsibility if the accused is acquitted and the case thrown out. President Aquino has identified the problem; the next step is to draw up measures that will improve the conviction rate.
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Source: The Philippine Star, Editorial, Nov. 8, 2011
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