A THESIS PRESENTED TO

THE COLLEGE OF ARTS-

DEPT.OF SOCIOLOGY
THE SOCIOLOGY OF
JURISPRUDENCE
AN INQUIRY IN THE CRIMINAL
LITIGATION IN THE
PHILIPPINES: WEALTH,
PRESTIGE AND
KNOWLEDGE/POWER
COMPLEX
(AN INTIAL EXPLORATION)
 INTRODUCTION
 OBSERVATION CONCERNING THE
STATE OF THE SOCIOLOGY OF
JURISPRUDENCE IN THE PHILIPPINES.
 THESIS ARGUMENT: THAT THE
CRIMINAL JUSTICE-COURT LITIGATION
IS NOT REALLY BLIND IN RELATION
TO THE DYNAMICS OF POWER, AS
SHOWN IN ITS FAVOR OF THOSE IN
HIGH SOCIAL STATUS.
 THEORITICAL FRAMEWORK
 WEBER’S TRIPARTITE THEORY OF
STRATIFICATION.
 FOUCAULT’S THEORY OF
KNOWLEDGE/POWER COMPLEX IN
RELATION TO THE PANOPTICISM.
CONCEPTUAL FRAMEWORK
 GENERAL STATEMENT OF THE
PROBLEM
 How does the sociological concept of
wealth, prestige and
knowledge/power complex operates,
affects and determines the behavior
of the institution of social control, the
dynamics of which is the Philippine
litigation?
 SPECIFIC PROBLEMS
 What is the difference when you have a
public or private lawyer?
 How much does an average court litigation
cost?
 Does being a celebrity, a politician or a
public figure affect the three processes
enumerated?
 How does the court litigation proceed?
 What are symbolic relations can be
observed in court litigation?
SIGNIFICANCE OF THE
STUDY
“In a time where lie
pervades, telling the truth
is a revolutionary thing”
-George Orwell.
SCOPE, LIMITATION
AND DELIMITATION
THE STUDY IN PERSPECTIVE
 SCOPE
 THE STUDY FOCUSES ON THE LAW IN
ACTION. ( THE ACTUAL PROCESS OF
LAW)
 THE DYNAMICS OF COURT
LITIGATION IN THE PHILIPPINES.
 LIMITATION
 This study focused on the litigation as shown in Manila-
RTC and observations are focused on the symbolics of
power relations/ power dynamics in the said court.
 The focused of the observational comparison are done
between the differences of having a PAO from a
PRIVATE lawyer.
 Only three (in some point a twin forth) factors are very
much given emphasis they are wealth, prestige and
knowledge/power complex as key issues in the power
dynamics as shown in the 200 interview sample.
 For the secondary data analysis, we compartmentalize
ourselves with three well-known cases such as the
alabang boys’ case, Estrada case and the Santos case.
 DELIMITATION
 This study can be more complete if the study can cover all
of the varied and complex court and correctional institution
of the Philippines, yet due to limited budget and time and
the places to go are to far from the researchers’ resident,
the researcher focus their attention to the manila city jail-
male and female ward.
 Secondly resources in the field of sociology in particular
that of sociological jurisprudence are few and rare so a an
in-depth theoretical analysis can not be given, to prove this
point only one book in the sociology of law is available in
Ateneo de Manila main library .
 Thirdly, we are on focus in one of the most difficult field of
study for such this deals with a security institution and that
of the ever-guarded institution of the judiciary. A legal and
bureaucratic process should be observed in studying this
kind of institution.
 OPERATIONAL DEFINITION
 Sociological jurisprudence- a comparative study of legal
systems legal doctrines and legal institutions as a social
phenomenon, and considers law as it actually is --- the
law in action as distinguished from the law as it appears
in books.
 Justice-involves equal punishment for identical offenses
and equal rewards to identical merit
 Criminal Justice System-is defined as the machinery of
the state or government, which enforces the rules of
conduct necessary to protect life and property and
maintain peace and order.
 Courts-are institution vested with judicial power that
serves as the final arbiter of all disputes or issues
involving violations of criminal law.
 Prisons/Corrections-are security institutions where
inmates are hold until a verdict is achieved concerning
one’s case.
 OPERATIONAL DEFINITION 2
 Litigation- the process in judicial institution of finding
whether the criminally accused is guilty or not guilty of a
criminal lawsuit filed against him or her.
 Imprisonment- the process of deterring a person due to a
criminal case filed.
 Deterrence- a concept which holds that punishing a
criminal will reduce the incidence of criminal behavior in
a society.
 WEALTH- on Weberian definition it is the value of all
persons or family’s economic assets, including income,
personal property and income-producing property.
 PRESTIGE-on Weberian theory this is a respect or regard
with which a person or status position is regarded by
others. Fame, respect, honor and esteem are the most
common forms of prestige.
OPERATIONAL DEFINITION 3
 POWER- on Weber terminology he defines it as
the ability of people or groups to achieve their
goal despite opposition from others. The
powerful shape society in accordance with their
own interest and directs the actions of others.
 Knowledge/Power complex- According to Michel
Foucault’ definition power is greatly associated
with the knowledge one have in a particular
setting in his explanation the rise of such
discipline as psychoanalysis is due to a different
knowledge they have as for the masses, I took
his major concept and make some revision to
adjust it to our study to denote knowledge of
one own litigation makes one powerful in a court
of law.
 OPERATIONAL DEFINITION 4
 Grassroot analysis – a research proposed method
of analyzing social control phenomenon that are
heavily guarded by persons in power who
“subjugates”[1] any attempts to critically analyze a
phenomenon that they consider as only for those in
legal profession.

[1] Is a term I adopted from Michel Foucault’s
theory on The Archeology of Knowledge, in here he
critic’s western intellectual history and culture. he
uses the metaphor of “subjugated” knowledge to
denote knowledge that is considered by those
experts to be nothing of importance. Retrieved A
SINGING SOMETHING Womanist reflections on Anna
Julia Cooper by Karen Baker-Fletcher.
OPERATIONAL DEFINITION 5
 Dynamics[1] of litigation in the Philippines – a
term that I arrived by considering the
elements which operates (wealth, prestige
and knowledge power complex.) within the
criminal justice system.

[1] I have to thank Prof. Justin Nicholas for his
valuable suggestion to use the term
dynamics when referring to elements of the
Weberian and Foucaultian sociology that
operates within the litigation process. (the
phenomenon we are looking at.)
OPERATIONAL DEFINITION 6
 an initial exploration- a term which denotes
the social situation of the research at hand
for such this research considered a first
move on a vast theoretical project I am
planning to undergo under the subfield of
sociology of jurisprudence especially here in
the Philippines where only few ever step
within the almost sacred field in the
intersection of law and society. This also
considers the fact that one cannot at a
certain degree isolate a single part of the
justice system for they all has in one point
interact and overlaps.
REVIEW OF RELATED
LITERATURE
STUDIES AND LITERATURE IN
FOCUS
FOREIGN LITERATURE

Criminal Injustice: Racism

in the Criminal Justice
System
Canadian Ethnic Studies
Journal, summer, 2001 by
Carol A. Aylward
FOREIGN STUDIES
Criminal Injustice
Understanding the Causes,
Effects, and Responses to
Wrongful Conviction in Canada
Myriam S. Denov
Kathryn M. Campbell
University of Ottawa
LOCAL LITERATURE
1.)Q-TV ANALYSIS with Prof. Winnie
Solita Monsod, UP Professor
College of Economics
The Transactional Justice
2.)Guilty! But special
concessions for accused show
flawed system.
by Karen Tiongson-Mayrina
 LOCAL STUDIES
THE PREVALENCE OF THE INDEGENOUS
FORMS OF SOCIAL CONTROL AND
PUNISHMENT IN THE PRESENT DAY
PHILIPPINES[1]
ABIGAIL M. ORBETA
UNIVERSITY OF THE PHILIPPINES, DILIMAN

[1] 2009 National Conference PSS:

Sociological Imagination and Action, New
Realities and Emerging Frames, 16-17
October 2009
METHODOLOGY
Truth can never be reached
by just listening to the voice
of an authority.

-- Francis Bacon
 SETTING OF THE STUDY
REGIONAL TRIAL COURT BRACH 10 AND BRANCH
15
For the observational analysis, I relied heavily with
my three months court observation on this
particular branches.
MANILA CITY JAIL – MALE AND FEMALE, Sta. Cruz
For our interview, we are concentrated in his
particular place because they are open for the
intrusion of student who are undergoing research.
Another point is that one of the researcher have
done his learning exposure in this place.
TYPE OF RESEARCH
EXPLORATORY RESEARCH
AN INITIAL EXPLORATION
 RESEARCH DESIGN
 This research study is employing a
research triangulation a research design
that uses multiple methods to study one
research question. Influenced by forensic
psychology and the series Criminal
minds the research wish to make this
study a research ladder for further study
in the field of Philippine sociology of
jurisprudence as such we utilize those
possible research methods.
 RESEARCH METHODOLOGY
AND TECHNIQUES
 OBSERVATIONAL METHOD
 INTERVIEW
 DESCRIPTIVE STATISTICS
 SECONDARY DATA ANALYSIS
 RESPONDENTS AND THE
CRITERIA FOR CHOOSING
 100 INMATES FROM MANILA CITY JAIL
FEMALE
 100 INMATES FROM MANILA CITY JAIL
MALE
 50-50 RULE APPLIES (BUT IT NOT
ACHIVED IN AMLE WARD)
 RANDOMLY SELECTED WITHOUT
CONSIDERING THE CASES FILED
 TYPES OF DATA
 TYPES OF DATA
 C.1 Primary Data
 -Structured interview with 200inmates.
 -observation on the MCJ facilities
 -Court observation.
 -descriptive statistics. Of the interview
 C.2 Secondary Data
 - Reports by PCIJ, done concerning the evicted
presidents case. (The Estrada case.)
 -filed and cases and news clippings of the Judy
Ann and alabang boys case.
 PRESENTATION OF
DATAS
  “There is nothing with which every
man is so afraid as getting to know
how enormously much he is capable
of doing and becoming.” 
Soren Kierkegaard
 COURT OBSERVATION
 Court observation on litigation (focus on the symbolic interaction
 August 25,2009( 8:00-12:00 am morning trial)
 This is the first time that I joined the escort reaction unit (the
division in MCJ assigned to bring inmates in Manila city hall-RTC
and MeTC’s ) under the supervision of a veteran jail officer JO3
Godofredo Eder. His been with the unit for nine years and going.
In there I observed how courts culture presides. I witnessed two
arraignments and a pre-trial. Where questions are asked of the
inmates concerning their case but I noticed something a key
concept for this study that almost all of the answers concerning
the court query are facilitated by the lawyer in fact for the spam
of my observation only the lawyers and the judge and court
administrator are the ones talking. The inmates are silent actors
in the said scene.
 But all in all the court observation is both enjoyable, exiting
and at some point question and doubt rises. I’m looking forward
to the next court session I will observe.
 COURT OBSERVATION 2
 August 28, 2009(8:00-12:00 am morning trial)
 Second day of my court observation, I witnessed three pre trial and a
trial. The usual court procedure, it start with the ecumenical prayer and the
singing of the national anthem, case numbers are read one by one the
litigants and the complainant are called for the attendance if either[1] the
litigant or the complainant are not present another case no. is called and if
both of them are present the court litigation continue. However, I observed
something a motion of a kind done by a defense lawyer regarding his client
wherein he requested the court for a fast trial for his client quoting the
speedy trial provision under the law. If this is possible as a legal tactic why
during my stay in MCJ-male as a intern under the paralegal and IWDS
division of the jail the most complaint I received is that for almost 6 year of
litigation only once a year does’ the majority[2] of the inmates receive a
complete[3] trial.
 A break is given for the court session during which I done my
questioning ( one thing more to remember during a court litigation
spectator inside the court should remain silent and only the judge, the
lawyers and the court clerk are allowed to talk, people are only allowed to
talk if the judge would asked them pertinent questions.) whose the lawyer
and whose the litigant I am given answers and I found out the lawyer are
private and the litigant come for a affluent family in manila.
 COURT OBSERVATION 2

[1] The fact is the litigant (inmates ) are always
present while the complainant are mostly absent
this is another dimension why the litigation are
always delayed a tactic mostly employed by
knowledgeable and affluent complainant.
 [2] This is the reason why most of the inmates
asked help from NGO like Caritas so that they can
be help regarding their trial.
 [3] Complete trial means that during the day that
the litigation is scheduled it most proceed as
planed not reseted for another sched.
 COURT OBSERVATION 3
 My last day for my court observation, today I would
give my final summation and general key observations
that I have done for the span of my court observation.
 I would be presenting it key type form:
 First of all a recurrent symbolic observation I noticed is
that the inmates (litigants) are only a quiet
participant/actor in the court proceedings they are only
asked/notice during attendance checking.
 Secondly, PAO lawyers do not inform their client of the
course of their case, while in the other hand Private
lawyers give full information on their client regarding
their case.
 COURT OBSERVATION 3
 Another thing more if the litigant’s lawyer is
considered private the litigant can asked him to
give him a visit in jail and can asked prior
information regarding one’s case.
 PAO lawyers only see their client for the schedule
in court.
 PAO lawyers handle multiple litigants if one is
assigned let say in RTC brch. 45 all of the litigants
with no lawyer are given to the PAO lawyer
assigned in that branch. And hypothetically
speaking let say that for only the morning session
there are 15 litigants assigned there, 15 for two
sessions a day, seven days a week, 20 days a
month. Just do your math……… how many litigants
for a single PAO lawyer can you handle that justly.
 COURT OBSERVATION 3
 If the prosecutor assigned in a particular
RTC were absent, no litigation can
proceeded.
 During which a court session if the judge
orders a break those litigants not yet
called would wait until it resumes but
sometimes it futile because only few
minutes are left and those who’ve waited
are reseted for another session maybe
two-three months prior the day.
 SECONDARY DATA ANALYSIS
 ERAP CASE
The Estrada case thus puts in the spotlight
once again how the justice system can
become so helpless in the face of a
powerful accused. Indeed, the proceedings
that were highly politicized became
mournfully drawn out, clogged up as it was
in part with numerous court-granted perks
for Estrada that would make ordinary
inmates weep.
SECONDARY DATA ANALYSIS 2
 ALABANG BOYS CASE
The alleged 50 million bribe allegedly
put out by the parents of the three
young Alabang high society drug
pushers show how certain members
of the elite view law and justice in this
country. In this jurisdiction, says a
lawyer friend, everything is for sale.
JUY ANN SANTOS TAX EVASION
 Judy Ann’s case has amounting
evidence but she is acquitted and
given the chance to settle her case
like all tax evasion case filed against
celebrity.
 INTERVIEW
SCHEDULE SUMMARY
DESCRIBING DATA
 INTERVIEW SCHEDULE
1
IN
TER
VIE
W S
CHE
DUL
E :

NAME:____
____ _
_ _
__ __________
_______
_ A
NIC
K/CODEN AM E:__ _
__ __
__ _
_______
__
ADD R
E SS:
C URR EN T:______
_______
_____
____
P ROV INCIAL:______
_______
_____
_
W O
RK/J
O BB EFOR E:___ __
__ _
_______
___
E
D UCATIONALA TTAIN MEN T:___
_______
_____
_____

F
ILEDCO
MPLAIN
T:__
___
__
___
___
___
___
___
___
___
___
___
___
___
 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 DON’T HAVE ANY HEARING FOR THE SPAN OF FIVE TO EIGHT MONTHS.
 DESCRIPTIVE STATISTICS
 4% of the respondents say that they
experienced 5-8 months with no court
hearing (litigation)
 1.5% of the said respondents say that for
one year they experienced no hearing.
 1% said that they experienced 3-4 months
without hearing.
 39.5% or 40% said that their hearings are
continuous and if it were ever delayed, the
reason would be the judge or the fiscal
being absent.
 DESCRIPTIVE STATISTICS
 2% said that Mabagal postponed madalas-
referring to their hearing.
 4.5% said that they don’t anymore
remember their last hearing due to the
prolong period of not having any.
 9% said that their hearing are ok naman or
ok lang.
 1.5% said that their hearings are paputol-
putol, matagal and palipat ang branch.
 9% said that their hearings are always
reseted for another date, which takes two
to three months.
WHAT IS THE TRUTH?
THE TRUTH IS ..ACCDG TO THE
SOCIOLOGY OF
JURISPRUDENCE
 JUSTICE IS A SOCIAL
CONSTRUCT AND IS
NOT SAFE WITH THE
DYNAMICS OF POWER
RELATIONS. (WEALTH,
PRESTIGE AND
KNOWLEDGE/POWER
COMPLEX.)
 BIBLIOGRAPHY
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 BIBLIOGARPHY 2
GABAO, RAMIL
NOTES ON THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM
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 BIBLIOGRAPHY 3
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THE END
“Men in the masses are gripped
by personal troubles but they
are not aware of their true
meaning and source”.
-Charles Wright Mills