SC gets inputs from PDLs on revising rules of criminal procedure
The Supreme Court on Wednesday said it would review the inputs of persons deprived of liberty (PDLs) regarding the proposed revisions to the Rules of Criminal Procedure following their concerns about the lack of competent legal representation during arrest and extended pretrial detention, along with other issues.
The consultations were held between November and December of last year in various detention facilities, including the La Union Provincial Jail and Angeles City District Jail, Talisay City Jail, Mandaue City Jail, Davao City Jail, Davao del Sur Provincial Jail, and the Correctional Institution for Women in Mandaluyong City.
“The PDLs included women, men, senior citizens, persons with disabilities, members of the LGBTQIA+ community, women with children, pregnant women at the time of their arrest, and mothers with children under one-year-old,” the high court said in a news release.
Right to speedy trial
To address their concerns, the Supreme Court noted that some of the proposed amendments to the rules expressly allow for the dismissal of cases where the right to a speedy trial has been violated.
Other proposed revisions cover alternative modes of detention, conditional arraignment, custodial hearings, and the application of the writ of habeas corpus. The latter is a legal remedy protects individuals from unlawful detention or imprisonment in criminal cases.
The high tribunal is revising the Rules of Criminal Procedure in accordance with the Strategic Plan for Judicial Innovation 2022-2027, the judiciary’s blueprint for reform to provide responsive and real-time justice.
The proposed revisions mainly address the congestion of dockets and delays in criminal proceedings.
The recent consultations were conducted to gather inputs from PDLs who would be directly affected by the amendments, the Supreme Court said.
Regional consultations
Under the Australian government-supported Fostering Advancement of Inclusive and Rights-Based Justice Program, these discussions were facilitated by The Asia Foundation and its partners, including the Humanitarian Legal Assistance Foundation Inc. and the Integrated Bar of the Philippines Rizal-San Juan-Mandaluyong chapter.
The initiative also complemented a regional consultation that involved judges, legal practitioners and members of the academic community from Lipa City, General Santos City, Zamboanga City, Bacolod City, Tagbilaran City, and Manila.
Since its introduction in the Philippines in the 1900s, the Rules of Criminal Procedure have undergone several revisions, the latest being the Revised Rules of Criminal Procedure promulgated by the Supreme Court in December 2000.
“The 2000 revision of the Rules, admittedly, was set in a relatively different socioeconomic and legal backdrop. Since then, the court has introduced and implemented various innovations aimed at ensuring the speedier and more just resolution of cases, particularly criminal cases, where an individual’s right to liberty is at risk,” the high court said.
Proposed amendments also include guidelines for videoconferencing hearings, the use of body-worn cameras to execute warrants, and the implementation of the enhanced e-warrant system.
The proposed rules also repeal the inconsistent provisions of Rule 112 of the current Rules, recognizing the authority of the Department of Justice (DOJ) to promulgate its own rules on preliminary investigations, as explained by the SC through Associate Justice Rodil Zalameda in a resolution.
“Beyond harmonization of the latest jurisprudence and issuances of the Court, the proposed Rules utilizes Gender-Fair Language, consistent with the continuing goal to be an inclusive and non-discriminatory Judiciary,” the high court said.
