of the Philippines the criminal justice system is - Article 2

police who initially conducted the investigation. One of the
victims’ relatives was made to sign an affidavit that the police
had prepared, the content of which was not properly explained to
her. It was later found that the affidavit had been used by the
police to file the case in court. The version given by Vigo’s
relatives concerning the motive of the killing was completely
ignored.
The police were also quick to declare the 3 October 2006 brutal
killing of Bishop Alberto Ramento, a prominent human rights
defender, as a case of robbery and homicide. However, Bishop
Ramento’s family and his fellow clergy believe that his murder
was methodically planned and politically motivated. Bishop
Ramento himself confirmed having received several death
threats before he was killed. He once told his family, “I know
they are going to kill me next. But never will I abandon my duty
to God and my ministry to the people.” The police investigators
claimed there were missing belongings at Bishop Ramento’s
quarters, an indication of robbery. But Bishop Ramento’s family
and a human rights group that conducted a separate investigation
denied the police’s claim that robbery was the motive of the
killing. They established that the belongings had already been
taken out from Bishop Ramento’s convent several days before
he was attacked. The police did not consider this version. They
declared the case solved based on their findings.
It is the police investigators’ duty to determine all aspects of a
killing and to identify the perpetrators by considering all
information available to them. Only after they have exhausted
all leads in an investigation should they produce their findings
and make any pronouncements (as long as these remain nonprejudicial
to the prosecution of the suspect). To reject
information coming from the families of the dead is totally
unacceptable, and indicates a deep-rooted bias against victims.
The police are themselves instruments to deny justice and
redress. Without rigorous police reforms, the policing system in
the Philippines will not be made effective.
Delays in resolving cases by the ombudsman
Promptness in resolving cases of gross human rights violations
is essential. Often unnecessary delays place victims and
witnesses at serious risk, while giving the accused plenty of time
to counterattack. In the Philippines, such delays compound the
problems caused by non-existent protection mechanisms.
Under existing procedure, before any complaint is filed in court
against a state officer the result of investigation by the public
prosecutor should be submitted to the Office of the Ombudsman
for the Military and Other Law Enforcement Office, a quasijudicial
body dealing with complaints against police and military
officials, for review and recommendation. The ombudsman has
failed to resolve cases in a timely manner, including whether or
not murder charges should be filed against two military
lieutenants and several others attached to the 25th Infantry
“
unnecessary
delays place
victims &
witnesses at
serious risk
”
article 2 • February 2007 Vol. 6, No. 1 119