The Sociology of Jurisprudence

8/9/2019 The Sociology of Jurisprudence

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A THESIS PRESENTED TOA THESIS PRESENTED TO

THE COLLEGE OF ARTS-THE COLLEGE OF ARTS-DEPT.OF SOCIOLOGYDEPT.OF SOCIOLOGY


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THE SOCIOLOGY OFTHE SOCIOLOGY OFJURISPRUDENCEJURISPRUDENCE

AN INQUIRY IN THE CRIMINALAN INQUIRY IN THE CRIMINALLITIGATION IN THELITIGATION IN THEPHILIPPINES: WEALTH,PHILIPPINES: WEALTH,

PRESTIGE ANDPRESTIGE AND

KNOWLEDGE/POWERKNOWLEDGE/POWERCOMPLEXCOMPLEX

(AN INTIAL EXPLORATION)(AN INTIAL EXPLORATION)


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INTRODUCTIONINTRODUCTION

OBSERVATION CONCERNING THEOBSERVATION CONCERNING THESTATE OF THE SOCIOLOGY OFSTATE OF THE SOCIOLOGY OF

JURISPRUDENCE IN THE PHILIPPINES.JURISPRUDENCE IN THE PHILIPPINES.

THESIS ARGUMENT: THAT THETHESIS ARGUMENT: THAT THECRIMINAL JUSTICE-COURT LITIGATIONCRIMINAL JUSTICE-COURT LITIGATIONIS NOT REALLY BLIND IN RELATIONIS NOT REALLY BLIND IN RELATION

TO THE DYNAMICS OF POWER, ASTO THE DYNAMICS OF POWER, ASSHOWN IN ITS FAVOR OF THOSE INSHOWN IN ITS FAVOR OF THOSE INHIGH SOCIAL STATUS.HIGH SOCIAL STATUS.


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THEORITICAL FRAMEWORKTHEORITICAL FRAMEWORK

WEBERS TRIPARTITE THEORY OFWEBERS TRIPARTITE THEORY OF

STRATIFICATION.STRATIFICATION.

FOUCAULTS THEORY OFFOUCAULTS THEORY OF

KNOWLEDGE/POWER COMPLEX INKNOWLEDGE/POWER COMPLEX IN

RELATION TO THE PANOPTICISM.RELATION TO THE PANOPTICISM.


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CONCEPTUAL FRAMEWORKCONCEPTUAL FRAMEWORK


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GENERAL STATEMENT OF THEGENERAL STATEMENT OF THE

PROBLEMPROBLEM

How does the sociological concept ofHow does the sociologi

cal concept of

wealth, prestige andwealth, pr

estige and

knowledge/power complex operates,knowledge

/power complex operates,

affects and determines the behavioraffects and determines the behavior

of the institution of social control, theof the institution of social control, the

dynamics of which is the Philippinedy

namics of which is the Philippine

litigation?litiga

tion?


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SPECIFIC PROBLEMSSPECIFIC PROBLEMS

What is the difference when you have aWhat is the difference when you have a

public or private lawyer?public or private lawyer?

How much does an average court litigationHow much does an average court litigation

cost?cost? Does being a celebrity, a politician or aDoes being a celebrity, a politician or a

public figure affect the three processespublic figure affect the three processes

enumerated?enumerated?

How does the court litigation proceed?How does the court litigation proceed?

What are symbolic relations can beWhat are symbolic relations can be

observed in court litigation?observed in court litigation?


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SIGNIFICANCE OF THESIGNIFICANCE OF THE

STUDYSTUDY

In a time where lieIn a time where liepervades, telling the truthpervades, telling the truth

is a revolutionary thingis a revolutionary thing-George Orwell.-George Orwell.


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SCOPE, LIMITATIONSCOPE, LIMITATION

AND DELIMITATIONAND DELIMITATION

THE STUDY IN PERSPECTIVETHE STUDY IN PERSPECTIVE


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SCOPESCOPE

THE STUDY FOCUSES ON THE LAW INTHE STUDY FOCUSES ON THE LAW IN

ACTION. ( THE ACTUAL PROCESS OFACTION. ( THE ACTUAL PROCESS OF

LAW)LAW)

THE DYNAMICS OF COURTTHE DYNAMICS OF COURT

LITIGATION IN THE PHILIPPINES.LITIGATION IN THE PHILIPPINES.


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LIMITATIONLIMITATION

This study focused on the litigation as shown in Manila-This study focused on the litigation as shown in Manila-RTC and observations are focused on the symbolics ofRTC and observations are focused on the symbolics ofpower relations/ power dynamics in the said court.power relations/ power dynamics in the said court.

The focused of the observational comparison are doneThe focused of the observational comparison are donebetween the differences of having a PAO from abetween the differences of having a PAO from a

PRIVATE lawyer.PRIVATE lawyer. Only three (in some point a twin forth) factors are veryOnly three (in some point a twin forth) factors are very

much given emphasis they are wealth, prestige andmuch given emphasis they are wealth, prestige andknowledge/power complex as key issues in the powerknowledge/power complex as key issues in the powerdynamics as shown in the 200 interview sample.dynamics as shown in the 200 interview sample.

For the secondary data analysis, we compartmentalizeFor the secondary data analysis, we compartmentalize

ourselves with three well-known cases such as theourselves with three well-known cases such as thealabang boys case, Estrada case and the Santos case.alabang boys case, Estrada case and the Santos case.


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DELIMITATIONDELIMITATION

This study can be more complete if the study can cover allThis study can be more complete if the study can cover allof the varied and complex court and correctional institutionof the varied and complex court and correctional institutionof the Philippines, yet due to limited budget and time andof the Philippines, yet due to limited budget and time andthe places to go are to far from the researchers resident,the places to go are to far from the researchers resident,the researcher focus their attention to the manila city jail-the researcher focus their attention to the manila city jail-male and female ward.male and female ward.

Secondly resources in the field of sociology in particularSecondly resources in the field of sociology in particularthat of sociological jurisprudence are few and rare so a anthat of sociological jurisprudence are few and rare so a anin-depth theoretical analysis can not be given, to prove thisin-depth theoretical analysis can not be given, to prove thispoint only one book in the sociology of law is available inpoint only one book in the sociology of law is available inAteneo de Manila main library .Ateneo de Manila main library .

Thirdly, we are on focus in one of the most difficult field ofThirdly, we are on focus in one of the most difficult field of

study for such this deals with a security institution and thatstudy for such this deals with a security institution and thatof the ever-guarded institution of the judiciary. A legal andof the ever-guarded institution of the judiciary. A legal andbureaucratic process should be observed in studying thisbureaucratic process should be observed in studying thiskind of institution.kind of institution.


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OPERATIONAL DEFINITIONOPERATIONAL DEFINITION

Sociological jurisprudenceSociological jurisprudence- a comparative study of legal- a comparative study of legalsystems legal doctrines and legal institutions as a socialsystems legal doctrines and legal institutions as a socialphenomenon, and considers law as it actually is --- thephenomenon, and considers law as it actually is --- thelaw in action as distinguished from the law as it appearslaw in action as distinguished from the law as it appearsin books.in books.

Justice-Justice-involves equal punishment for identical offensesinvolves equal punishment for identical offensesand equal rewards to identical meritand equal rewards to identical merit

Criminal Justice System-Criminal Justice System-is defined as the machinery ofis defined as the machinery ofthe state or government, which enforces the rules ofthe state or government, which enforces the rules ofconduct necessary to protect life and property andconduct necessary to protect life and property andmaintain peace and order.maintain peace and order.

Courts-Courts-are institution vested with judicial power thatare institution vested with judicial power that

serves as the final arbiter of all disputes or issuesserves as the final arbiter of all disputes or issuesinvolving violations of criminal law.involving violations of criminal law.

Prisons/Corrections-Prisons/Corrections-are security institutions whereare security institutions whereinmates are hold until a verdict is achieved concerninginmates are hold until a verdict is achieved concerningones case.ones case.


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OPERATIONAL DEFINITION 2OPERATIONAL DEFINITION 2

Litigation-Litigation- the process in judicial institution of findingthe process in judicial institution of findingwhether the criminally accused is guilty or not guilty of awhether the criminally accused is guilty or not guilty of acriminal lawsuit filed against him or her.criminal lawsuit filed against him or her.

Imprisonment-Imprisonment- the process of deterring a person due to athe process of deterring a person due to acriminal case filed.criminal case filed.

Deterrence-Deterrence- a concept which holds that punishing aa concept which holds that punishing acriminal will reduce the incidence of criminal behavior incriminal will reduce the incidence of criminal behavior ina society.a society.

WEALTH-WEALTH- on Weberian definition it is the value of allon Weberian definition it is the value of allpersons or familys economic assets, including income,persons or familys economic assets, including income,personal property and income-producing property.personal property and income-producing property.

PRESTIGEPRESTIGE-on Weberian theory this is a respect or regard-on Weberian theory this is a respect or regardwith which a person or status position is regarded bywith which a person or status position is regarded byothers. Fame, respect, honor and esteem are the mostothers. Fame, respect, honor and esteem are the mostcommon forms of prestige.common forms of prestige.


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POWER-POWER- on Weber terminology he defines it ason Weber terminology he defines it asthe ability of people or groups to achieve theirthe ability of people or groups to achieve theirgoal despite opposition from others. Thegoal despite opposition from others. Thepowerful shape society in accordance with theirpowerful shape society in accordance with theirown interest and directs the actions of others.own interest and directs the actions of others.

Knowledge/Power complex-Knowledge/Power complex- According to MichelAccording to MichelFoucault definition power is greatly associatedFoucault definition power is greatly associatedwith the knowledge one have in a particularwith the knowledge one have in a particularsetting in his explanation the rise of suchsetting in his explanation the rise of suchdiscipline as psychoanalysis is due to a differentdiscipline as psychoanalysis is due to a different

knowledge they have as for the masses, I tookknowledge they have as for the masses, I tookhis major concept and make some revision tohis major concept and make some revision toadjust it to our study to denote knowledge ofadjust it to our study to denote knowledge ofone own litigation makes one powerful in a courtone own litigation makes one powerful in a courtof law.of law.


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Grassroot analysis Grassroot analysis a research proposed methoda research proposed methodof analyzing social control phenomenon that areof analyzing social control phenomenon that areheavily guarded by persons in power whoheavily guarded by persons in power whosubjugatessubjugates[1][1] any attempts to critically analyze aany attempts to critically analyze aphenomenon that they consider as only for those inphenomenon that they consider as only for those in

legal profession.legal profession.[1][1] Is a term I adopted from Michel FoucaultsIs a term I adopted from Michel Foucaultstheory on The Archeology of Knowledge, in here hetheory on The Archeology of Knowledge, in here hecritics western intellectual history and culture. hecritics western intellectual history and culture. heuses the metaphor of subjugated knowledge touses the metaphor of subjugated knowledge to

denote knowledge that is considered by thosedenote knowledge that is considered by thoseexperts to be nothing of importance. Retrieved Aexperts to be nothing of importance. Retrieved ASINGING SOMETHING Womanist reflections on AnnaSINGING SOMETHING Womanist reflections on Anna

Julia Cooper by Karen Baker-Fletcher.Julia Cooper by Karen Baker-Fletcher.


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DynamicsDynamics[1][1] of litigation in the Philippinesof litigation in the Philippines a aterm that I arrived by considering theterm that I arrived by considering theelements which operates (wealth, prestigeelements which operates (wealth, prestigeand knowledge power complex.) within theand knowledge power complex.) within thecriminal justice system.criminal justice system.

[1][1] I have to thank Prof. Justin Nicholas for hisI have to thank Prof. Justin Nicholas for hisvaluable suggestion to use the termvaluable suggestion to use the termdynamics when referring to elements of thedynamics when referring to elements of the

Weberian and Foucaultian sociology thatWeberian and Foucaultian sociology thatoperates within the litigation process. (theoperates within the litigation process. (thephenomenon we are looking at.)phenomenon we are looking at.)


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an initial explorationan initial exploration- a term which denotes- a term which denotesthe social situation of the research at handthe social situation of the research at handfor such this researchfor such this research consideredconsidereda firsta firstmove on a vast theoretical project I ammove on a vast theoretical project I amplanning to undergo under the subfield ofplanning to undergo under the subfield ofsociology of jurisprudence especially here insociology of jurisprudence especially here inthe Philippines where only few ever stepthe Philippines where only few ever stepwithin thewithin the almostalmostsacred field in thesacred field in theintersection of law and society. This alsointersection of law and society. This alsoconsiders the fact that one cannot at aconsiders the fact that one cannot at acertain degree isolate a single part of thecertain degree isolate a single part of thejustice system for they all has in one pointjustice system for they all has in one pointinteract and overlaps.interact and overlaps.


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REVIEW OF RELATEDREVIEW OF RELATED

LITERATURELITERATURESTUDIES AND LITERATURE INSTUDIES AND LITERATURE IN

FOCUSFOCUS


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FOREIGN LITERATUREFOREIGN LITERATURE

Criminal Injustice: RacismCriminal Injustice: Racismin the Criminal Justicein the Criminal Justice

SystemSystem

Canadian Ethnic StudiesCanadian Ethnic Studies

Journal,Journal, summer, 2001summer, 2001 byby

Carol A. AylwardCarol A. Aylward
http://findarticles.com/p/articles/mi_hb039/is_2_33/http://findarticles.com/p/articles/mi_hb039/is_2_33/http://findarticles.com/p/search/?qa=Carol%20A.%20Aylwardhttp://findarticles.com/p/search/?qa=Carol%20A.%20Aylwardhttp://findarticles.com/p/search/?qa=Carol%20A.%20Aylwardhttp://findarticles.com/p/articles/mi_hb039/is_2_33/


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FOREIGN STUDIESFOREIGN STUDIESCriminal InjusticeCriminal Injustice

Understanding the Causes,Understanding the Causes,Effects, and Responses toEffects, and Responses toWrongful Conviction in CanadaWrongful Conviction in Canada

Myriam S. DenovMyriam S. Denov

Kathryn M. CampbellKathryn M. CampbellUniversity of OttawaUniversity of Ottawa


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LOCAL LITERATURELOCAL LITERATURE1.)Q-TV ANALYSIS with Prof. Winnie1.)Q-TV ANALYSIS with Prof. Winnie

Solita Monsod, UP ProfessorSolita Monsod, UP ProfessorCollege of EconomicsCollege of Economics

The Transactional JusticeThe Transactional Justice

2.)Guilty! But special2.)Guilty! But special

concessions for accused showconcessions for accused showflawed system.flawed system.

by Karen Tiongson-Mayrinaby Karen Tiongson-Mayrina


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LOCAL STUDIESLOCAL STUDIES

THE PREVALENCE OF THE INDEGENOUSTHE PREVALENCE OF THE INDEGENOUSFORMS OF SOCIAL CONTROL ANDFORMS OF SOCIAL CONTROL ANDPUNISHMENT IN THE PRESENT DAYPUNISHMENT IN THE PRESENT DAY

PHILIPPINESPHILIPPINES[1][1]

ABIGAIL M. ORBETAABIGAIL M. ORBETA

UNIVERSITY OF THE PHILIPPINES, DILIMANUNIVERSITY OF THE PHILIPPINES, DILIMAN

[1][1] 2009 National Conference PSS:2009 National Conference PSS:Sociological Imagination and Action, NewSociological Imagination and Action, New

Realities and Emerging Frames, 16-17Realities and Emerging Frames, 16-17

October 2009October 2009


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METHODOLOGYMETHODOLOGYTruth can never be reachedTruth can never be reached

by just listening to the voiceby just listening to the voiceof an authority.of an authority.

---- Francis BaconFrancis Bacon


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SETTING OF THE STUDYSETTING OF THE STUDY

REGIONAL TRIAL COURT BRACH 10 AND BRANCHREGIONAL TRIAL COURT BRACH 10 AND BRANCH1515

For the observational analysis, I relied heavily withFor the observational analysis, I relied heavily with

my three months court observation on thismy three months court observation on thisparticular branches.particular branches.

MANILA CITY JAIL MALE AND FEMALE, Sta. CruzMANILA CITY JAIL MALE AND FEMALE, Sta. Cruz

For our interview, we are concentrated in hisFor our interview, we are concentrated in his

particular place because they are open for theparticular place because they are open for theintrusion of student who are undergoing research.intrusion of student who are undergoing research.

Another point is that one of the researcher haveAnother point is that one of the researcher havedone his learning exposure in this place.done his learning exposure in this place.


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TYPE OF RESEARCHTYPE OF RESEARCHEXPLORATORY RESEARCHEXPLORATORY RESEARCH

AN INITIAL EXPLORATIONAN INITIAL EXPLORATION


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RESEARCH DESIGNRESEARCH DESIGN

This research study is employing aThis research study is employing aresearch triangulation a research designresearch triangulation a research designthat uses multiple methods to study onethat uses multiple methods to study one

research question. Influenced by forensicresearch question. Influenced by forensicpsychology and the series Criminalpsychology and the series Criminalminds the research wish to make thisminds the research wish to make thisstudy a research ladder for further studystudy a research ladder for further studyin the field of Philippine sociology ofin the field of Philippine sociology ofjurisprudence as such we utilize thosejurisprudence as such we utilize thosepossible research methods.possible research methods.


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RESEARCH METHODOLOGYRESEARCH METHODOLOGY

AND TECHNIQUESAND TECHNIQUES

OBSERVATIONAL METHODOBSERVATIONAL METHOD

INTERVIEWINTERVIEW

DESCRIPTIVE STATISTICSDESCRIPTIVE STATISTICS SECONDARY DATA ANALYSISSECONDARY DATA ANALYSIS


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RESPONDENTS AND THERESPONDENTS AND THE

CRITERIA FOR CHOOSINGCRITERIA FOR CHOOSING

100 INMATES FROM MANILA CITY JAIL100 INMATES FROM MANILA CITY JAIL

FEMALEFEMALE

100 INMATES FROM MANILA CITY JAIL100 INMATES FROM MANILA CITY JAIL

MALEMALE

50-50 RULE APPLIES (BUT IT NOT50-50 RULE APPLIES (BUT IT NOT

ACHIVED IN AMLE WARD)ACHIVED IN AMLE WARD)

RANDOMLY SELECTED WITHOUTRANDOMLY SELECTED WITHOUT

CONSIDERING THE CASES FILEDCONSIDERING THE CASES FILED


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TYPES OF DATATYPES OF DATA

TYPES OF DATATYPES OF DATA C.1 Primary DataC.1 Primary Data -Structured interview with 200inmates.-Structured interview with 200inmates. -observation on the MCJ facilities-observation on the MCJ facilities -Court observation.-Court observation. -descriptive statistics. Of the interview-descriptive statistics. Of the interview C.2 Secondary DataC.2 Secondary Data - Reports by PCIJ, done concerning the evicted- Reports by PCIJ, done concerning the evicted

presidents case. (The Estrada case.)presidents case. (The Estrada case.) -filed and cases and news clippings of the Judy-filed and cases and news clippings of the Judy

Ann and alabang boys case.Ann and alabang boys case.


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PRESENTATION OFPRESENTATION OF

DATASDATAS

There is nothing with which everyThere is nothing with which everyman is so afraid as getting to knowman is so afraid as getting to know

how enormously much he is capablehow enormously much he is capable

of doing and becoming.of doing and becoming.Soren KierkegaardSoren Kierkegaard
http://thinkexist.com/quotation/there_is_nothing_with_which_every_man_is_so/219817.htmlhttp://thinkexist.com/quotation/there_is_nothing_with_which_every_man_is_so/219817.htmlhttp://thinkexist.com/quotation/there_is_nothing_with_which_every_man_is_so/219817.html


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COURT OBSERVATIONCOURT OBSERVATION

Court observation on litigation (focus on the symbolic interactionCourt observation on litigation (focus on the symbolic interaction August 25,2009( 8:00-12:00 am morning trial)August 25,2009( 8:00-12:00 am morning trial) This is the first time that I joined the escort reaction unit (theThis is the first time that I joined the escort reaction unit (the

division in MCJ assigned to bring inmates in Manila city hall-RTCdivision in MCJ assigned to bring inmates in Manila city hall-RTCand MeTCs ) under the supervision of a veteran jail officer JO3and MeTCs ) under the supervision of a veteran jail officer JO3Godofredo Eder. His been with the unit for nine years and going.Godofredo Eder. His been with the unit for nine years and going.

In there I observed how courts culture presides. I witnessed twoIn there I observed how courts culture presides. I witnessed twoarraignments and a pre-trial. Where questions are asked of thearraignments and a pre-trial. Where questions are asked of theinmates concerning their case but I noticed something a keyinmates concerning their case but I noticed something a keyconcept for this study that almost all of the answers concerningconcept for this study that almost all of the answers concerningthe court query are facilitated by the lawyer in fact for the spamthe court query are facilitated by the lawyer in fact for the spamof my observation only the lawyers and the judge and courtof my observation only the lawyers and the judge and courtadministrator are the ones talking. The inmates are silent actorsadministrator are the ones talking. The inmates are silent actors

in the said scene.in the said scene. But all in all the court observation is both enjoyable, exitingBut all in all the court observation is both enjoyable, exitingand at some point question and doubt rises. Im looking forwardand at some point question and doubt rises. Im looking forwardto the next court session I will observe.to the next court session I will observe.


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COURT OBSERVATION 2COURT OBSERVATION 2

August 28, 2009(8:00-12:00 am morning trial)August 28, 2009(8:00-12:00 am morning trial) Second day of my court observation, I witnessed three pre trial and aSecond day of my court observation, I witnessed three pre trial and a

trial. The usual court procedure, it start with the ecumenical prayer and thetrial. The usual court procedure, it start with the ecumenical prayer and thesinging of the national anthem, case numbers are read one by one thesinging of the national anthem, case numbers are read one by one thelitigants and the complainant are called for the attendance iflitigants and the complainant are called for the attendance ifeithereither[1][1] thethelitigant or the complainant are not present another case no. is called and iflitigant or the complainant are not present another case no. is called and ifboth of them are present the court litigation continue. However, I observedboth of them are present the court litigation continue. However, I observedsomething a motion of a kind done by a defense lawyer regarding his clientsomething a motion of a kind done by a defense lawyer regarding his clientwherein he requested the court for a fast trial for his client quoting thewherein he requested the court for a fast trial for his client quoting thespeedy trial provision under the law. If this is possible as a legal tactic whyspeedy trial provision under the law. If this is possible as a legal tactic whyduring my stay in MCJ-male as a intern under the paralegal and IWDSduring my stay in MCJ-male as a intern under the paralegal and IWDSdivision of the jail the most complaint I received is that for almost 6 year ofdivision of the jail the most complaint I received is that for almost 6 year oflitigation only once a year does the majoritylitigation only once a year does the majority[2][2] of the inmates receive aof the inmates receive acompletecomplete[3][3] trial.trial.

A break is given for the court session during which I done myA break is given for the court session during which I done myquestioning ( one thing more to remember during a court litigationquestioning ( one thing more to remember during a court litigationspectator inside the court should remain silent and only the judge, thespectator inside the court should remain silent and only the judge, thelawyers and the court clerk are allowed to talk, people are only allowed tolawyers and the court clerk are allowed to talk, people are only allowed totalk if the judge would asked them pertinent questions.) whose the lawyertalk if the judge would asked them pertinent questions.) whose the lawyerand whose the litigant I am given answers and I found out the lawyer areand whose the litigant I am given answers and I found out the lawyer areprivate and the litigant come for a affluent family in manila.private and the litigant come for a affluent family in manila.


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[1][1] The fact is the litigant (inmates ) are alwaysThe fact is the litigant (inmates ) are alwayspresent while the complainant are mostly absentpresent while the complainant are mostly absentthis is another dimension why the litigation arethis is another dimension why the litigation arealways delayed a tactic mostly employed byalways delayed a tactic mostly employed by

knowledgeable and affluent complainant.knowledgeable and affluent complainant. [2] This is the reason why most of the inmates[2] This is the reason why most of the inmates

asked help from NGO like Caritas so that they canasked help from NGO like Caritas so that they canbe help regarding their trial.be help regarding their trial.

[3][3] Complete trialComplete trial means that during the day thatmeans that during the day that

the litigation is scheduled it most proceed asthe litigation is scheduled it most proceed asplaned not reseted for another sched.planed not reseted for another sched.


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My last day for my court observation, today I wouldMy last day for my court observation, today I wouldgive my final summation and general key observationsgive my final summation and general key observationsthat I have done for the span of my court observation.that I have done for the span of my court observation.

I would be presenting it key type form:I would be presenting it key type form:

First of all a recurrent symbolic observation I noticed isFirst of all a recurrent symbolic observation I noticed isthat the inmates (litigants) are only a quietthat the inmates (litigants) are only a quietparticipant/actor in the court proceedings they are onlyparticipant/actor in the court proceedings they are onlyasked/notice during attendance checking.asked/notice during attendance checking.

Secondly, PAO lawyers do not inform their client of theSecondly, PAO lawyers do not inform their client of thecourse of their case, while in the other hand Privatecourse of their case, while in the other hand Privatelawyers give full information on their client regardinglawyers give full information on their client regardingtheir case.their case.


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Another thing more if the litigants lawyer isAnother thing more if the litigants lawyer isconsidered private the litigant can asked him toconsidered private the litigant can asked him togive him a visit in jail and can asked priorgive him a visit in jail and can asked priorinformation regarding ones case.information regarding ones case.

PAO lawyers only see their client for the schedulePAO lawyers only see their client for the schedule

in court.in court. PAO lawyers handle multiple litigants if one isPAO lawyers handle multiple litigants if one is

assigned let say in RTC brch. 45 all of the litigantsassigned let say in RTC brch. 45 all of the litigantswith no lawyer are given to the PAO lawyerwith no lawyer are given to the PAO lawyerassigned in that branch. And hypotheticallyassigned in that branch. And hypothetically

speaking let say that for only the morning sessionspeaking let say that for only the morning sessionthere are 15 litigants assigned there, 15 for twothere are 15 litigants assigned there, 15 for twosessions a day, seven days a week, 20 days asessions a day, seven days a week, 20 days amonth. Just do your math how many litigantsmonth. Just do your math how many litigantsfor a single PAO lawyer can you handle that justly.for a single PAO lawyer can you handle that justly.


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If the prosecutor assigned in a particularIf the prosecutor assigned in a particular

RTC were absent, no litigation canRTC were absent, no litigation can

proceeded.proceeded.

During which a court session if the judgeDuring which a court session if the judgeorders a break those litigants not yetorders a break those litigants not yet

called would wait until it resumes butcalled would wait until it resumes but

sometimes it futile because only fewsometimes it futile because only few

minutes are left and those whove waitedminutes are left and those whove waitedare reseted for another session maybeare reseted for another session maybe

two-three months prior the day.two-three months prior the day.


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SECONDARY DATA ANALYSISSECONDARY DATA ANALYSIS

ERAP CASEERAP CASE

The Estrada case thus puts in the spotlightThe Estrada case thus puts in the spotlight

once again how the justice system canonce again how the justice system can

become so helpless in the face of abecome so helpless in the face of apowerful accused. Indeed, the proceedingspowerful accused. Indeed, the proceedings

that were highly politicized becamethat were highly politicized became

mournfully drawn out, clogged up as it wasmournfully drawn out, clogged up as it was

in part with numerous court-granted perksin part with numerous court-granted perksfor Estrada that would make ordinaryfor Estrada that would make ordinary

inmates weep.inmates weep.


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SECONDARY DATA ANALYSIS 2SECONDARY DATA ANALYSIS 2

ALABANG BOYS CASEALABANG BOYS CASE

The alleged 50 million bribe allegedlyThe alleged 50 million bribe allegedly

put out by the parents of the threeput out by the parents of the three

young Alabang high society drugyoung Alabang high society drug

pushers show how certain memberspushers show how certain members

of the elite view law and justice in thisof the elite view law and justice in this

country. In this jurisdiction, says acountry. In this jurisdiction, says alawyer friend, everything is for sale.lawyer friend, everything is for sale.


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JUY ANN SANTOS TAX EVASIONJUY ANN SANTOS TAX EVASION

Judy Anns case has amountingJudy Anns case has amounting

evidence but she is acquitted andevidence but she is acquitted and

given the chance to settle her casegiven the chance to settle her case

like all tax evasion case filed againstlike all tax evasion case filed againstcelebrity.celebrity.


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INTERVIEWINTERVIEW

SCHEDULE SUMMARYSCHEDULE SUMMARYDESCRIBING DATADESCRIBING DATA


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INTERVIEW SCHEDULEINTERVIEW SCHEDULE1INTERVIEWSCHEDULE:

NAME: _______________________________NICK/CODENAME: ___________________ADD RESS:

CURRENT: _____________________

PROVINCIAL: __________________WORK/JOBBEFORE: __________________EDUCATIONALATTAINMENT: __________________FILEDCOMPLAINT: _______

_______________________________

NAME SEX COMPLAINT ECONOMIC STATUS LAWYER LITIGATION PROCESS


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NAME SEX COMPLAINT ECONOMIC STATUS LAWYER LITIGATION PROCESS

Sexon, Alberto Andula Male I.R. and Estafa Rich Private Continous

Resvina, Marlyn Female Sec. 12 Middle Pao 5-8 months[1]

Timblanco, Christy Female Child Abuse Middle Private Arraignment

Macarambol, Samsia Female Drugs Rich Private 3x a month

Mamacutao, Jasume Female Drugs Middle Private Once every 2 months

Guiman, Tomy Male Sec. 5 Middle Private Meron lagi

Digo, Maricar Female Robbery Middle Pao No hearing 1 year na

Theodore, Dedith Female Sec. 11 Middle Pao 3-4 months ang hearing

Paloc, Raga Male Sec.5, 11 Poor Private Ayos lang

Santos, Theresa Female Robbery, Snatching Poor Pao Hindi umaatend complainant

Flores, Susan Female Sec. 11 Poor Pao Arraignment

Villanueva, Susan Female Sec. 5, 11 Ok lang Pao Patagal ng patagal ang hearing

Parahinog, Winda Luz Female Sec. 11 Poor Pao Mabagal, postphoned madalas

[1]

5-8 MONTHS MEANS THAT THEY DONT HAVE ANY HEARING FOR THE SPAN OF FIVE TO EIGHT MONTHS.


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DESCRIPTIVE STATISTICSDESCRIPTIVE STATISTICS

4% of the respondents say that they4% of the respondents say that theyexperienced 5-8 months with no courtexperienced 5-8 months with no courthearing (litigation)hearing (litigation)

1.5% of the said respondents say that for1.5% of the said respondents say that for

one year they experienced no hearing.one year they experienced no hearing. 1% said that they experienced 3-4 months1% said that they experienced 3-4 months

without hearing.without hearing. 39.5% or 40% said that their hearings are39.5% or 40% said that their hearings are

continuous and if it were ever delayed, thecontinuous and if it were ever delayed, thereason would be the judge or the fiscalreason would be the judge or the fiscalbeing absent.being absent.


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DESCRIPTIVE STATISTICSDESCRIPTIVE STATISTICS

2% said that Mabagal postponed madalas-2% said that Mabagal postponed madalas-referring to their hearing.referring to their hearing.

4.5% said that they dont anymore4.5% said that they dont anymoreremember their last hearing due to theremember their last hearing due to the

prolong period of not having any.prolong period of not having any. 9% said that their hearing are ok naman or9% said that their hearing are ok naman or

ok lang.ok lang. 1.5% said that their hearings are paputol-1.5% said that their hearings are paputol-

putol, matagal and palipat ang branch.putol, matagal and palipat ang branch. 9% said that their hearings are always9% said that their hearings are alwaysreseted for another date, which takes tworeseted for another date, which takes twoto three months.to three months.


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WHAT IS THE TRUTH?WHAT IS THE TRUTH?

THE TRUTH IS ACCDG TO THETHE TRUTH IS ACCDG TO THE


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THE TRUTH IS ..ACCDG TO THETHE TRUTH IS ..ACCDG TO THE

SOCIOLOGY OFSOCIOLOGY OF

JURISPRUDENCEJURISPRUDENCE JUSTICE IS A SOCIALJUSTICE IS A SOCIAL

CONSTRUCT AND ISCONSTRUCT AND IS

NOT SAFE WITH THENOT SAFE WITH THE

DYNAMICS OF POWERDYNAMICS OF POWERRELATIONS. (WEALTH,RELATIONS. (WEALTH,

PRESTIGE ANDPRESTIGE AND

KNOWLEDGE/POWERKNOWLEDGE/POWER

COMPLEX.)COMPLEX.)


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BIBLIOGRAPHYBIBLIOGRAPHYBUGLIOSI, VINCENTBUGLIOSI, VINCENT

GENTRY, CURTGENTRY, CURTHELTER SKELTERHELTER SKELTER

1984, BANTAM BOOKS INC.1984, BANTAM BOOKS INC.

BUGLIOSI, VINCENTBUGLIOSI, VINCENT

OUTRAGE: THE FIVE REASONS WHY O. J SIMPSON GOT AWAY WITHOUTRAGE: THE FIVE REASONS WHY O. J SIMPSON GOT AWAY WITHTHE MURDER.THE MURDER.

1996, W.W NORTON & COMPANY, INC.1996, W.W NORTON & COMPANY, INC.

CBSI EDITORIAL STAFFCBSI EDITORIAL STAFF

THE REVISED PENAL CODE ACT NO. 3815, AS AMENDED WITHTHE REVISED PENAL CODE ACT NO. 3815, AS AMENDED WITHCOMPLETE SPECIAL LAWS.COMPLETE SPECIAL LAWS.

20TH, EDITION, 199420TH, EDITION, 1994

CRESSEY, DONALDCRESSEY, DONALD

COLEMAN, JAMES WILLIAMCOLEMAN, JAMES WILLIAM

SOCIAL PROBLEMS 6TH EDITIONSOCIAL PROBLEMS 6TH EDITION

FREIRE, PAULOFREIRE, PAULO

POLITICS OF EDUCATIONPOLITICS OF EDUCATIONCULTURE, POWER AND LIBERATIONCULTURE, POWER AND LIBERATION

1985, BERGIN AND GARVEY PUBLISHERS1985, BERGIN AND GARVEY PUBLISHERS

FORONDA, C/SUPT. MERCEDESFORONDA, C/SUPT. MERCEDES

CORRECTIONAL ADMINISTRATION 1CORRECTIONAL ADMINISTRATION 1

INSTITUTIONAL CORRECTIONSINSTITUTIONAL CORRECTIONS


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BIBLIOGARPHY 2BIBLIOGARPHY 2GABAO, RAMILGABAO, RAMIL

NOTES ON THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEMNOTES ON THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM

PHILIPPINE COLLEGE OF CRIMINOLOGYPHILIPPINE COLLEGE OF CRIMINOLOGY

GAYLIN, WILLARDGAYLIN, WILLARD

JENNINGS, BRUCEJENNINGS, BRUCE

THE PERVERSION OF AUTHONOMYTHE PERVERSION OF AUTHONOMY..

1996, THE FREE PRESS1996, THE FREE PRESS

KENDALL, DIANAKENDALL, DIANA

SOCIOLOGY IN OUR TIMES THE ESSENTIALS 3RD EDITIONSOCIOLOGY IN OUR TIMES THE ESSENTIALS 3RD EDITIONMAY, TIMMAY, TIM

SITUATING SOCIAL THEORYSITUATING SOCIAL THEORY

1996, OPEN UNIVERSITY PRESS1996, OPEN UNIVERSITY PRESS

TIONGSON-MAYRINA, KARENTIONGSON-MAYRINA, KAREN

Guilty! But special concessions for accused show flawed system.Guilty! But special concessions for accused show flawed system.

1989-2009, Philippine Center for Investigative Journalism 1989-2009, Philippine Center for Investigative Journalism

RETRIVE FROM: www.PCIJ.comRETRIVE FROM: www.PCIJ.com

OSBORN, RICHARD ET AL.OSBORN, RICHARD ET AL.

INTRODUCING SOCIOLOGYINTRODUCING SOCIOLOGY2004, ICON BOOKS LTD.2004, ICON BOOKS LTD.

SAMENOW, STANTON Ph.D.SAMENOW, STANTON Ph.D.

INSIDE THE CRIMINAL MINDINSIDE THE CRIMINAL MIND

1984, RANDOM HOUSE, INC.1984, RANDOM HOUSE, INC.


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BIBLIOGRAPHY 3BIBLIOGRAPHY 3SARDAR, ZIAUDDINSARDAR, ZIAUDDIN

VAN LOON, BORINVAN LOON, BORININTRODUCING CULTURAL STUDIESINTRODUCING CULTURAL STUDIES

1997, TOTEM BOOKS1997, TOTEM BOOKS

SCHUTT, RUSSELLSCHUTT, RUSSELL

INVESTIGATING THE SOCIAL WORLDINVESTIGATING THE SOCIAL WORLD

THE PROCESS AND PRACTICE OF RESEARCHTHE PROCESS AND PRACTICE OF RESEARCH

SWINEDBERG, RICHARDSWINEDBERG, RICHARDMAX WEBERS CONTRIBUTION TO THE ECONOMICMAX WEBERS CONTRIBUTION TO THE ECONOMICSOCIOLOGY OF LAW.SOCIOLOGY OF LAW.

2006, CENTER FOR THE STUDY OF ECONOMY AND SOCIETY.2006, CENTER FOR THE STUDY OF ECONOMY AND SOCIETY.

SWINGEWOOD, ALANSWINGEWOOD, ALAN

A SHORT HISTORY OF SOCIOLOGICAL THOUGHTA SHORT HISTORY OF SOCIOLOGICAL THOUGHT

3RD EDITION3RD EDITION

2000, PALGRAVE2000, PALGRAVEZEITLIN, IRVINGZEITLIN, IRVING

IDEOLOGY AND THE DEVELOPMENT OF SOCIOLOGICALIDEOLOGY AND THE DEVELOPMENT OF SOCIOLOGICALTHEORYTHEORY

1968, PRENTICE HALL INC.1968, PRENTICE HALL INC.


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THE ENDTHE END


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Men in the masses are grippedMen in the masses are grippedby personal troubles but theyby personal troubles but they

are not aware of their trueare not aware of their truemeaning and source.meaning and source.

-Charles Wright Mills-Charles Wright Mills


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Documents

The Sociology of Jurisprudence