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Human Rights and Therapeutic Modalities Module

This document outlines a self-regulated learning module on therapeutic modalities. It contains 3 modules that cover laws on human rights, forms of human rights violations, government programs to help victims, and therapeutic treatment models. The course requires students to complete assessments, essays, quizzes, assignments, exams, and a research paper. The Commission on Human Rights is responsible for protecting human rights in the Philippines as outlined in the 1987 Constitution and international agreements that the country has signed. While criminals still enjoy basic human rights, these rights can be limited according to law.
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Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
244 views35 pages

Human Rights and Therapeutic Modalities Module

This document outlines a self-regulated learning module on therapeutic modalities. It contains 3 modules that cover laws on human rights, forms of human rights violations, government programs to help victims, and therapeutic treatment models. The course requires students to complete assessments, essays, quizzes, assignments, exams, and a research paper. The Commission on Human Rights is responsible for protecting human rights in the Philippines as outlined in the 1987 Constitution and international agreements that the country has signed. While criminals still enjoy basic human rights, these rights can be limited according to law.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

SCHOOL OF CRIMINAL JUSTTICE AND PUBLIC SAFETY

CACORR3 Therapeutic Modalities

Prepared by:

Mr. Benjamin O. Dulipas


A Self-regulated Learning Module
Ms. Claire D. Rufino
A Self-regulated Learning Module 1
MODULE CONTENTS

MODULE LESSON PAGE


Module 1 FIRST GRADING LESSONS 5

LAWS ON HUMAN RIGHTS and DIFFERENT


FORMS OF HUMAN RIGHTS VIOLATION

Module 2 MIDTERM LESSONS 15


GOVERNMENT PROGRAMS FOR THE WELFARE
OF THE VICTIMS
Module 3 FINAL LESSONS 22
THERAPEUTIC MODALITIES

EVALUATION OF THE MODULE . . . . . . . . . . . . . . 36

INTRODUCTION OF THE MODULE

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Course Code CACORR3

Course This 3-unit course was given the course description


description “Therapeutic Modalities”. The course covers the review on
laws on human rights, different forms of human rights violation,
government programs for the welfare of the victims, treatment
models, and the developmental aspects of therapeutic
modalities.

Requirement 1. Compiled answers to all the assessment questions of the


s of the modules
course 2. Reflective Essays
3. Quizzes
4. Assignments
5. Major examinations
6. Research Paper
Facilitator

PREFACE TO THE MODULE

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This module contains three modules with sub-lessons, designed and arranged accordingly to
meet the standards of practitioners and students. Each module contains specific objectives and
references in order to help criminology and criminal justice practitioners as well as
students/researchers in finding related topics from other references thereby enhancing classroom
discussion.

This course is one of the subjects in the Licensure Examination for Criminologists) as identified
in the Commission on Higher Education (CHED) Memorandum Order Number 21. The contents of
this book were based from the syllabus issued by the Professional Regulation Commission (PRC).

MODULE 1
LAWS ON HUMAN RIGHTS and DIFFERENT FORMS OF HUMAN
RIGHTS VIOLATION

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OBJECTIVES:
At the end of the module, the learners shall be able to:
1. Define and explain human rights
2. Identify and explain the sources of human rights
3. Recognize the most common human rights violations

I. INTRODUCTION. WHAT WE NEED TO KNOW ABOUT HUMAN RIGHTS.


1. What are human rights?
 Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms that
aim to protect people from political, legal, and social abuses.
 The United Nations (UN) defines human rights as universal and inalienable, interdependent
and indivisible, and equal and non-discriminatory.
 Human rights are:
o Universal and inalienable. Human rights belong to all and cannot be taken away
unless specific situations call for it. However, the deprivation of a person's right is subject
to due process
o Interdependent and indivisible. Whatever happens to even one right – fulfillment or
violation – can directly affect the others
o Equal and non-discriminatory. Human rights protect all people regardless of race,
nationality, gender, religion, and political leaning, among others. They should be
respected without prejudice.
 Human rights can also be classified under individual, collective, civil, political, economic and
social, and cultural.

2. What laws or legal documents ensure the human rights of Filipino citizens?
 The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also called
the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s rights and privileges
that the Constitution has to protect, no matter what.

 Aside from various local laws, human rights in the Philippines are also guided by the UN's
International Bill of Human Rights –  a consolidation of 3 legal documents including
the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil
and Political Rights (ICCPR), and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR). As one of the signatories of these legal documents, the Philippines
is obliged to recognize and apply appropriate laws to ensure each right’s fulfillment.

3. Who oversees the fulfillment and protection of human rights in the Philippines?
 Human rights are both rights and obligations, according to the UN. The state – or the
government – is obliged to “respect, protect, and fulfill” these rights.
 Respect begets commitment from state that no law should be made to interfere or curtail the
fulfillment of the stated human rights. Protecting means that human rights violations should be
prevented and if they exist, immediate action should be made.

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 In the Philippines, the Commission on Human Rights (CHR) primarily handles the
investigations of human rights violations. However, it has no power to resolve issues as stated
in the Supreme Court decision in 1991.
 Established in 1986 during the administration of President Corazon Aquino, CHR is an
independent body which ensures the protection of human rights guaranteed by the Bill of
Rights.
 Aside from investigations, it also provides assistance and legal measures for the protection of
human rights guided by Section 18 Article XIII of the Philippine Constitution.

4. Do criminals or those who break the law still enjoy human rights?
 Criminals or those in conflict with the law are still protected by rights as indicated in many legal
documents such as the Philippines’ Criminal Code and UN’s Standard Minimum Rules for the
Treatment of Prisoners.

II. LAWS ON HUMAN RIGHTS


A. 1987 PHILIPPINE CONSTITUTION Article III. Bill of Rights

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or
political rights.

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Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible
in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance of witnesses and the production of

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evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

B. Universal Declaration of Human Rights


Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of
the political, jurisdictional or international status of the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3. Everyone has the right to life, liberty and security of person.

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Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or


punishment.

Article 6. Everyone has the right to recognition everywhere as a person before the law.

Article 7. All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this Declaration and
against any incitement to such discrimination.

Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9. No one shall be subjected to arbitrary arrest, detention or exile.

Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal charge against
him.

Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees necessary for his
defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the
penal offence was committed.

Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.


(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

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Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right
to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at
its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed
in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by
secret vote or by equivalent free voting procedures.

Article 22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights indispensable for
his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of
work and to protection against unemployment.

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(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and
of his family, including food, clothing, housing and medical care and necessary social services, and the
right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in
or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional education
shall be made generally available and higher education shall be equally accessible to all on the basis of
merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious groups, and shall further the activities of
the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and
to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this
Declaration can be fully realized.

Article 29.

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(1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality, public order and the general
welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of
the United Nations.

Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights and
freedoms set forth herein.

C. UN’s Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)
 Part I. RULES OF GENERAL APPLICATION (Rules 1 - 85)
Part I of the rules covers the general management of prisons, and is applicable to all categories
of prisoners, criminal or civil, untried or convicted, including prisoners subject to “security measures” or
corrective measures ordered by the judge.

BASIC PRINCIPLES:

o Rule 1
All prisoners shall be treated with the respect due to their inherent dignity and value as
human beings. No prisoner shall be subjected to, and all prisoners shall be protected from,
torture and other cruel, inhuman or degrading treatment or punishment, for which no
circumstances whatsoever may be invoked as a justification. The safety and security of
prisoners, staff, service providers and visitors shall be ensured at all times.
o Rule 2.
1.The present rules shall be applied impartially. There shall be no discrimination on the
grounds of race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or any other status. The religious beliefs and moral precepts
of prisoners shall be respected.
2. In order for the principle of non-discrimination to be put into practice, prison
administrations shall take account of the individual needs of prisoners, in particular the
most vulnerable categories in prison settings. Measures to protect and promote the
rights of prisoners with special needs are required and shall not be regarded as
discriminatory.
o Rule 3
Imprisonment and other measures that result in cutting off persons from the outside world
are afflictive by the very fact of taking from these persons the right of self-determination by
depriving them of their liberty. Therefore the prison system shall not, except as incidental to
justifiable separation or the maintenance of discipline, aggravate the suffering inherent in
such a situation.
o Rule 4
1. The purposes of a sentence of imprisonment or similar measures deprivative of a
person’s liberty are primarily to protect society against crime and to reduce recidivism.

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Those purposes can be achieved only if the period of imprisonment is used to ensure, so
far as possible, the reintegration of such persons into society upon release so that they
can lead a law-abiding and self-supporting life.
2. To this end, prison administrations and other competent authorities should offer
education, vocational training and work, as well as other forms of assistance that are
appropriate and available, including those of a remedial, moral, spiritual, social and
health- and sports-based nature. All such programmes, activities and services should be
delivered in line with the individual treatment needs of prisoners.
o Rule 5
1. The prison regime should seek to minimize any differences between prison life and
life at liberty that tend to lessen the responsibility of the prisoners or the respect due to
their dignity as human beings.

2. Prison administrations shall make all reasonable accommodation and adjustments to


ensure that prisoners with physical, mental or other disabilities have full and effective
access to prison life on an equitable basis.

 Part II. RULES APPLICABLE TO SPECIAL CATEGORIES (Rules 86 - 122)


Part II contains rules applicable only to the special categories dealt with in each section.
Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally
applicable to categories of prisoners dealt with in sections B, C and D, provided they do not conflict
with the rules governing those categories and are for their benefit.

o A. Prisoners under sentence


o B. Prisoners with mental disabilities and/or health conditions
o C. Prisoners under arrest or awaiting trial
o D. Civil prisoners
o E. Persons arrested or detained without charge

ASSESSMENT ACTIVITY:
Research on a single human rights issue of the previous decade. Write a reflective essay about it by answering
the following guide questions.
Introduction:

1. What was the human right violation? Briefly discuss the circumstances of the issue. (Where,
when, why, how, etc.)

Body:

1. Describe the impact of the event in an individual and collective societal perspective.
2. Discuss what were the actions or interventions of the government or human rights bodies to
address the issue. Discuss its strengths and possible weaknesses.
3. What are your thoughts about the issue?

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Conclusion

1. What is your greatest takeaway from your reading?

MODULE 2. MIDTERM LESSONS


GOVERNMENT PROGRAMS FOR THE WELFARE OF THE VICTIMS

OBJECTIVES:
At the end of the module, the learners shall be able to:
1. Identify the different Victim Assistance Programs in the Philippines

A. VICTIMS COMPENSATION PROGRAM (Department of Justice)

 What is the law creating the Board of Claims?


Republic Act No. 7309 is the law creating the Board of Claims under the Department of Justice
granting compensation for victims of unjust imprisonment or detention and victims of violent crimes.

 What is the rationale for the enactment of the law?


One of the more vexing problems in the area of justice and human rights is the implementation of the
constitutional provision against the deprivation of life, liberty and property without due process of law.
Persons have been accused and imprisoned for crimes they did not commit, only to be subsequently

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acquitted. Government and society have become notably indifferent to victims of crimes and
criminals. A judicial way of filing a claim for compensation may be too long. Congress opted for an
administrative procedure of filing the claims by creating the Board of Claims.

 Who may apply for compensation?


1. A person who was unjustly accused convicted and imprisoned and subsequently released by
virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal
Code under a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offenses committed with
malice which resulted in death or serious physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or
barbarity.

 When should a claim be filed?


The claim should be filed with the Board by he person entitled to compensation under this Act
within six (6) months after being released from imprisonment or detention or from the date he
suffered damage or injury; otherwise he is deemed to have waived his claim.

 How is a claim filed?


A claimant may file a claim with the board by filling up an application form provided for the
purpose with the Secretariat of the Board of Claims, Department of Justice, Padre Faura Street,
Ermita, Manila. Thereafter, he will be interviewed and he will be duly notified of the action taken
by the Board.

 How much is given to a qualified applicant?


For the victims of unjust imprisonment, the compensation shall be based on the number of
months of imprisonment and every fraction thereof shall be considered one month, but in no
case shall such compensation exceed ONE THOUSAND PESOS (P1,000.00) per month.
In all other cases the maximum for which the Board may approved a claim shall not exceed
TEN THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse the claimant the
expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other
expenses directly related to the injury, whichever is lower to be determined by the Board.

 When is the effective date of R.A. 7309 for the purpose of processing of applications for
payment of claims?
Sec. 12 of R.A. No. 7309 provides:
"This Act shall take effect after its publication in two (2) newspapers of general circulation."
R. A. No. 7309 was published on 13 April 1992 in the Philippine Star and Philippine Daily
Inquirer, hence, the effectivity day of R.A. No. 7309 is 14 April 1992.
The provisions of the Act shall be applied prospectively. All incidents or bases for filing an
application under Sec. 3 of R.A. 7309 must have happened on or after 14 April 1992 and within
the period provided for in No. 4, to be covered by the law.

 May the decision of the Board of Claims be appealed?

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Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15) days from receipt
of the resolution of the Board, to the Secretary of Justice whose decision shall be final and executory."

B. Rape Victim Assistance and Protection


 Republic Act 8505: Rape Victim Assistance and Protection Act of 1998
 Rape Crisis Center.— The Department of Social Welfare and Development (DSWD), the
Department of Health (DOH), the Department of the Interior and Local Government (DILG), the
Department of Justice (DOJ), and a lead non-government organization (NGO) with proven track
record or experience in handling sexual abuse cases, shall establish in every province and city a
rape crisis center located in a government hospital or health clinic or in any other suitable place
for the purpose of:
 (a) Providing rape victims with psychological counselling, medical and health
services, including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and
the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary
for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers,
public prosecutors, lawyers, medico-legal officers, social workers, and barangay
officials on human rights and responsibilities; gender sensitivity and legal
management of rape cases; and
(g) Adopting and implementing programs for the recovery of rape victims.

The DSWD shall be the lead agency in the establishment and operation of the Rape
Crisis Center 

 Duty of the Police Officer.— Upon receipt by the police of the complaint for rape, it shall be the
duty of the police officer to:

(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is
detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.

 It shall be the duty of the police officer or the examining physician, who must be of the same
gender as the offended party, to ensure that only persons expressly authorized by the offended
party shall be allowed inside the room where the investigation or medical or physical examination
is being conducted.

 A women’s desk must be established in every police precinct throughout the country to provide a
police woman to conduct investigation of complaints of women rape victims. In the same
manner, the preliminary investigation proper or inquest of women rape victims must be assigned
to female prosecutor or prosecutors after the police shall have endorsed all the pertinent papers
thereof to the same office.

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 Protective measures. At any stage of the investigation, prosecution and trial of a complaint for
rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the
complaint shall recognize the right to privacy of the offended party and the accused. Towards
this end, the police officer, prosecutor, or the court to whom the complaint has been referred
may, whenever necessary to ensure fair and impartial proceedings, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial and that the name and personal circumstances of the offended party and/or
the accused, or any other information tending to establish their identities, and such
circumstances or information on the complaint shall NOT be disclosed to the public.
 
The investigating officer or prosecutor shall inform the parties that the proceedings can be
conducted in a language or dialect known or familiar to them.

 Rape shield.— In prosecutions for rape, evidence of complainant’s past sexual conduct,
opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent
that the court finds, that such evidence is material and relevant to the case.

C. Child Protection Program


Executive Order No. 53
Strengthening the Committee for the Special Protection of Children, Amending for this Purpose
Executive Order No. 275 (s.1995)

Role of the CSPC

The CSPC is hereby strengthened and reorganized to effectively function as the body principally
responsible for coordinating and monitoring the investigation and prosecution of cases involving
violations of R.A. No. 7610 and other child-related criminal laws.

Vision

All children in the Philippines and Filipino children elsewhere are protected from all forms of violence,
abuse, exploitation and discrimination.

Mission Statement

Guided by the principles of non-discrimination, best interest of the child, respect for the views of the
child, and the right of the child to life, as well as Article 19 of the CRC, as codified under RA 7610, the
SCPC shall ensure that all children in the Philippines are provided legal protection, within a child
sensitive justice system.
 Who is considered a child under R.A. No. 7610?

A child one who is below 18 years of age or one who is over 18 years of age but who cannot take care
of himself fully because of a physical or mental disability or condition.

A Self-regulated Learning Module 17


What is child abuse?

It is any act which inflicts physical or psychological injury, cruelty to or the neglect, sexual abuse of, or
which exploits, a child.

What is cruelty?

It is any word or action which debases, degrades or demeans the dignity of a child as a human being.

Is discipline administered by a parent or legal guardian on a child considered cruelty?

No, if it is reasonably administered and moderate in degree and does not cause physical or
psychological injury.

What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as lacerations, fractured bones,
burns or internal injuries.

What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions. This may be exhibited by severe
anxiety, depression, withdrawal or outward aggressive behavior or a combination of said behaviors.

What is child neglect?

It is failure of a parent or legal guardian to provide, for reasons other than poverty, adequate food,
clothing, shelter, basic education or medical care so as to seriously endanger the physical, mental,
social and emotional growth and development of the child.

What is child sexual abuse?

It is the employment, use, persuasion, inducement, enticement or coercion of child to engage in, or
assist another person to engage in sexual intercourse or lasciviousness conduct or the molestation or
prostitution of, or the commission of incestuous acts, on, a child.

What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child to perform in obscene exhibitions


and incident shows, whether live, on video or film, or to pose or act as a model in obsence or
pornographic materials, or to sell or distribute said materials.

Where can one report child abuse cases?

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 Department of Social Welfare & Development or to the Child Health and Intervention and
Protective Service (CHIPS) Tel. No. 734-4216
 Anti-Child Abuse, Discrimination, Exploitation Division (ACADED) National Bureau of
Investigation Tel. Nos. 525-6028/525-8231 loc. 403 & 444
 Commission on Human Rights Child Rights Center Tel. No. 927-4033 (Mon-Fri during office
hours)
 Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 724 8749 or
nearest police station
 DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or contact the nearest Provincial,
City or Regional Prosecutor
 Local Barangay Council for the Protection of Children

Who are required by law to report child abuse cases?

The following must report child abuse case:

1. The head of a public or private hospital, medical clinic or similar institution, as well as the
physician and nurse who attended to the needs of the abused child.
2. Teachers and administrators of public schools
3. Parole and probation officers
4. Government lawyer
5. Law enforcement officers
6. Barangay officials
7. Correction officers such as jail guards
8. Other government officials and employees whose work involves dealing with children

Can then persons named above be charged criminally if they do not report a child abuse case?

Yes.

Who can file a complaint for child abuse?


 

1. The child victim


2. The parent or legal guardian of the victim
3. The grandparent, or relative of the child victim up to a first cousin
4. The Barangay Chairman
5. One of a group of 3 or more persons who have personal knowledge of the abuse.

Where should a complaint for child abuse be filed?

Your compliant should be filed with the Department of Social Welfare and Development or with the
police or other law enforcement agency.

Protecting Filipino Children From Abuse, Exploitation and Violence

MAJOR STRATEGIES AND CORE INTERVENTIONS (Comprehensive Programme on Child


Protection, 2006-2010 Building a Protective and Caring Environment for Filipino Children)

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A. Preventive Actions and Early Interventions

1. Sensitizing families, communities and LGUs


2. Facilitating effective access of children at risk to relevant early and basic
education and vocational training
3. Equipping children with knowledge and skills to protect themselves
4. Promoting responsible and effective parenting education for families
5. Supporting livelihood activities and facilitating access to credit and
employment opportunities

6. Organizing, activating and strengthening local councils for the protection of


children

B. Rescue, Recovery, Healing and Reintegration

1. Strengthening monitoring and rescue mechanisms


2. Improved psychosocial recovery and healing services and reintegration of
children into their families and communities

3. Promoting alternative family care for children deprived of a family


environment

4. Family and community empowerment to facilitate psychosocial recovery,


healing and social reintegration

5. Upgrading technical competencies of program managers, supervisors, social


workers, and other service providers in helping children

C. Legal and Judicial Protection Measures

1. The review, reform and enactment of laws making them consistent with the
principles, provisions and standards of the Convention on the Rights of the
Child and other UN standards on juvenile justice have gained headway with
the passage of Republic Act 9344 or the “Juvenile Justice and Welfare Act” in
April 2006.
2. Specialized and integrated training program for the pillars of the justice
system have been conducted under the auspices of the Philippine Judicial
Academy (PJA) of the Supreme Court, the Institute of Judicial Administration
(IJA) of the University of the Philippines (UP), the Department of Justice
(DOJ), the National Bureau of Investigation (NBI), the Philippine National
Police (PNP), the Department of Interior and Local Government (DILG), the
Department of Labor and Employment (DOLE), the Commission on Human

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Rights (CHR), and law schools such as the Ateneo and UP, with the support
of NGOs such as the Child Protection Unit (CPU) of the Philippine General
Hospital (PGH), among others.

ASSESSMENT ACTIVITY

1. Write a reflective essay on the above topics while being guided by the following questions:
a. What does the victim assistance programs of a government say about is criminal justice
system? How does it affect the public’s perception of their justice system?
b. Despite the existence of victim assistance programs, the victim is still viewed by most
as the “forgotten one” while the criminal justice system puts much emphasis on the
accused. What are the possible reasons for this?
c. What are your thoughts of the current victim assistance programs of the government?

MODULE 3. FINAL LESSONS


THERAPEUTIC MODALITIES

OBJECTIVES:
At the end of the module, the learners shall be able to:
1. Understand the development of therapeutic modalities
2. Analyze the strengths and possible weaknesses of the current therapeutic modalities in the country
I. THERAPEUTIC MODALITIES : BACKGROUND
A 'therapeutic approach' is the lens through which a counsellor addresses their clients'
problems. Broadly speaking, the therapeutic approaches of counsellors fall into two categories:
behavioural and psychodynamic. Behavioural approaches are usually short-term and address your
behaviour and thought patterns.
The therapeutic community (TC) is an intensive and comprehensive treatment model developed
for use with adults that has been modified successfully to treat adolescents with substance use
disorders. TCs for the treatment of addiction originated in 1958, a time when other systems of therapy,
such as psychiatry and general medicine, were not successful in treating alcohol or substance use
disorders. The first TC for substance users (Synanon) was founded in California by Chuck Dederich,
one of the earliest members of Alcoholics Anonymous (AA), who wanted to provide a controlled
(substance-free) environment in which alcohol and substance users could rebuild their lives, using the
principles of AA along with a social learning model (De Leon, 1995a).
The core goal of TCs has always been to promote a more holistic lifestyle and to identify areas
for change such as negative personal behaviors--social, psychological, and emotional--that can lead to
substance use. Residents make these changes by learning from fellow residents, staff members, and
other figures of authority. In the earliest TCs, punishments, contracts, and extreme peer pressure were
commonly used. Partly because of these methods, TCs had difficulty winning acceptance by
professional communities. They are now an accepted modality in the mainstream treatment community.

A Self-regulated Learning Module 21


The use of punishments, contracts, and similar tools have been greatly modified, although peer
pressure has remained an integral and important therapeutic technique.
Originally, the large majority of residents served by TCs were male heroin addicts who entered
18- to 24-month residential programs. By the mid-1970s, a more diverse clientele was entering
treatment; 45 percent used heroin alone or in combination with other substances, and most were
primarily involved with a range of substances other than heroin, such as amphetamines, marijuana,
PCP, sedatives, and hallucinogens. By the 1980s, the large majority of those entering treatment in TCs
had primarily crack or cocaine problems. The percentage of women entering treatment grew, and they
presented with different problems, including extremely dysfunctional lives and more psychopathology.
Although several adolescent TCs have been in operation since the late 1960s, increasing numbers of
younger people sought treatment during the 1980s, and many previously all-adult communities began
admitting adolescents. With the inclusion of youths in these adult TCs, education and family services
were added as important program components.
The TC model has been modified over time to include a variety of additional services not
provided in the early years, including various types of medical and mental health services, family
therapy and education, and educational and vocational services. In the beginning, nearly all staff
members were paraprofessionals recovering from addiction; over the years, increasing numbers and
types of professionally trained specialists have been employed by TCs and are now serving in staff or
consultant positions

The Generic TC Model


As a social-psychological form of treatment for addictions and related problems, the TC has been
typically used in the United States to treat youth with the severest problems and for whom long-term
care is indicated. TCs have two unique characteristics:
• The use of the community itself as therapist and teacher in the treatment process
• A highly structured, well-defined, and continuous process of self-reliant program operation
The community includes the social environment, peers, and staff role models. Treatment is guided by
the substance use disorder, the person, recovery, and right living (De Leon 1995a).
Right living emphasizes living in the present, with explicit values that guide individuals in relating to
themselves, peers, significant others, and the larger society. Recovery is seen as changing negative
patterns of behavior, thinking, and feeling that predispose one to substance use and developing a
responsible substance-free lifestyle. It is a developmental process in which residents develop the
motivation and know-how to change their behavior through self-help, mutual self-help, and social
learning.
The theoretical framework for the TC model considers substance use a symptom of much broader
problems and, in a residential setting, uses a holistic treatment approach that has an impact on every
aspect of a resident's life. Residents are distinguished along dimensions of psychological dysfunction
and social deficits. The community provides habilitation, in which some TC residents develop socially
productive lifestyles for the first time in their lives, and rehabilitation, in which other residents are helped
to return to a previously known and practiced or rejected healthy lifestyle (De Leon, 1994). A primary
distinction between the TC approach and 12-Step-based programs is the belief that the individual is
responsible both for his addiction and for his recovery. Where AA says "let go, let God," TCs take the
view that "you got yourself here, now you have to get yourself out with the help of others."

A Self-regulated Learning Module 22


Traditionally in the TC, job functions, chores, and other facility management responsibilities that help
maintain the daily operations of the TC have been used as a vehicle for teaching self-development.
Remaining physically separated from external influences strengthens the sense of community that is
integral to the residential setting. Activities are performed collectively, except for individual counseling.
Peers are role models, and staff members are rational authorities, facilitators, and guides in the self-
help method. The day is highly structured, with time allocated for chores and other responsibilities,
group activities, seminars, meals, and formal and informal interaction with peers and staff members.
The use of the community as therapist and teacher results in multiple interventions that occur in all
these activities.
Treatment is ordinarily provided within a 24-hour, 7-days-per-week highly structured plan of activities
and responsibilities. Although recommended treatment tenures have generally shortened in recent
years, averaging around 1 year, they may last as long as 18 months. The full-time approach is part of
the ecological point of view held by proponents and leaders of TCs. The program is conducted in three
stages: induction, primary treatment, and preparation for separation from the TC (De Leon, 1994).
Like many other substance use disorder treatment providers in today's health care market, TC
personnel are committed to providing services to residents in shorter periods of time and with
decreased resources than was the case in previous years. Modifications of the traditional residential
model and its adaptation for special populations and settings are redefining the TC modality within
mainstream and mental health services. Two new strategies have recently been suggested: focusing
goals on moving the resident to the next stage of recovery in another, less expensive setting, or
expanding aftercare opportunities in residential and day treatment programs following TC treatment (De
Leon 1995a, 1995b; Rosenthal et al., 1971).

ADOLESCENTS IN TCS
Jainchill and others have pointed out that only recently has cross-site information describing
adolescents who enter TCs been compiled (Jainchill, 1997). One exception was the Drug Abuse
Reporting Program (DARP), which in the 1960s and 1970s found that almost one-third of the TC
sample was younger than 20 years old. (DARP was the nation's first comprehensive multimodality
study of the treatment industry.) Those teenage TC residents typically were white males who used
opioids (Rush, 1979). Data are sparse after the 1970s. However, new data reveal that adolescents
make up 20 to 25 percent of the residents in TCs. Some 80,000 clients were admitted to TCs in 1994
(De Leon, 1995b).
Resident Characteristics
Adolescents who enter TCs tend to have serious substance use and behavioral problems that render
them dysfunctional in many arenas (Jainchill, 1997). Common problems are truancy, conduct disorders,
poor school performance, attention deficit/hyperactivity disorder (AD/HD), learning disabilities, and
problems relating to authority figures. In terms of substance use history, adolescents entering TCs have
begun substance use at an earlier age and have greater involvement with alcohol and marijuana and
less use of opiates compared with adults.
Many youths in TCs have been referred by the juvenile justice system, family court, or child welfare
(social service) systems and reflect an early involvement with illegal activities and family dysfunction.
Conduct disorders and juvenile delinquency are common. In fact, some TCs are operated by criminal
justice institutions, such as correctional agencies, and may be structured as minimum-security
correctional facilities.

A Self-regulated Learning Module 23


Less frequently, adolescents enter the TC under parental pressure. Thus, extrinsic pressures are
usually required to coerce the adolescent into treatment and to keep her there. It is not uncommon for
such residents to have little motivation to change their behavior.
Most adolescent residents are males mandated by the court, and problems of social deviance are
commonplace. Because adolescent females commit fewer crimes and less violent ones than do
adolescent males (Jainchill et al., 1995), they are not often mandated to a TC, although they may be
brought to treatment by a family court. However, even those adolescent females with the same range
and type of problems as the males generally do not enter TCs. One of the questions facing the TC
movement is how to create and conduct effective outreach for adolescent females who need treatment.
Very often, when females do enter TCs, their problems are found to be more severe than the problems
of most of the males. When females are enrolled in the TC, sleeping quarters are separate but activities
are very often coed (Jainchill et al., 1995).
Both adults and adolescents in TCs share many problems. There is little difference between the social
histories of adult and adolescent users in residential treatment concerning onset and pattern of
substance use, academic performance, and juvenile delinquency (De Leon, 1988).
A core feature of TC treatment for adults and adolescents alike is that the community serves as the
primary therapist--treatment is a community process, and it is not possible to identify a single individual
as therapist. Although adolescents often have a primary counselor with whom they work individually,
everyone in the community, including the adolescents themselves, has responsibility as a therapist and
teacher. Peer-group meetings led by an adolescent with a staff facilitator are common.
The community's role is critical to the client's habilitation and rehabilitation. For the adolescent, the
community may be even more crucial than for adults because the TC functions as the family. This is a
significant function because many youths in TCs come from dysfunctional families. Being a member of
the TC community gives them an opportunity to experience and learn how to have and maintain
positive relationships with authorities, parents, siblings, and peers. Nearly all activities, even
housekeeping responsibilities, are considered part of the therapeutic process. It is precisely because
adolescent residents usually come from environments without structure, routine, rules, or regulations
that the TC is ideally suited to providing their treatment.
Modifications that are generally made in the TC model for treatment of adolescents are summarized as
follows:
• The duration of stay is shorter than for adults.
• Treatment stages reflect progress along behavioral, emotional, and developmental dimensions.
• Adolescent programs are generally less confrontational than adult programs.
• Adolescents have less say in the management of the program.
• Staff members provide more supervision and evaluation than they do in adult programs.
• Neurological impairments, particularly learning disabilities and related disorders (e.g., AD/HD),
are assessed.
• There is less emphasis on work and more emphasis on education, including actual schoolwork,
in the adolescent program.
• Family involvement is enhanced and ideally should be staged, beginning with orientation and
education, then moving to support groups, therapy groups, and therapy with the adolescent. When

A Self-regulated Learning Module 24


parental support is nonexistent, probation officers, social workers, or other supportive adults in the
youth's life can participate in therapy.
Additional modifications are made depending on the specific needs of the program's referral and
funding sources (Rockholz, 1989). For example, some programs primarily serve protective services
cases (e.g., abuse and neglect, homelessness) involving adolescents who often present with
psychiatric needs that require medication. Others serve juvenile and criminal justice system-involved
youths with behavioral disorders, who require anger management programming and who respond
better to more traditional confrontation techniques. Still others operate college preparatory TCs, without
the use of psychotropic medications, for emotionally troubled, upper-middle class youths.
Duration of Stay
In the past, TCs for adolescents were entirely residential programs lasting 18 months to 2 years--the
time required for behavior change to be internalized and practiced by the adolescent. The conservative
funding policies that typify the 1990s have introduced complex issues for residential TCs because
success in treatment is correlated positively with extended stay in the program. As with so many other
issues in substance use disorder treatment today, final decisions often have to be based more on
financial considerations than on therapeutic need, with the result that most programs can plan only for a
course of treatment that lasts 6 to 12 months. A few programs are attempting to provide TC treatment
in 6 months; this is a radical move. Clinical wisdom suggests that the ideal duration of treatment for
adolescents in a TC is 12 to 18 months and that adolescents with very deep and complicated disorders
cannot be treated effectively in 28 days. However, no research is available to compare treatment
success in 28-day programs with treatment in the longer stay programs.
Staffing
Originally, only persons in recovery staffed TCs, and TC directors and staff were opposed to therapy by
psychologists, psychiatrists, and other mental health personnel such as social workers or family
counselors. TCs are now integrating the services of professionals with training in some area of mental
health, and there is recognition that individual counseling can complement the group approach, which
was the mainstay of treatment during the first two decades of TCs.
TC staffs today are a mixture of nondegreed frontline counselors and degreed professionals. The
counselors who do not have degrees typically facilitate the daily TC activities and serve as role models
for successful recovery; the degreed staff includes vocational counselors, nurses, psychologists, social
workers, and substance abuse counselors.
Having an on-site nursing staff is important to monitor medications, provide health education, and
provide cross-training for the counselors, particularly regarding the symptomatology of addiction.
Teachers in a TC program for adolescents must understand substance use disorders among youths
from disadvantaged families with severe dysfunction. Cross-training for the teachers is also important. It
is essential that the counselor meet at least weekly with the teacher(s) to integrate schooling into the
program. Psychiatrists are often involved because of the common presence of disorders such as
depression or AD/HD. Pharmacological agents for coexisting disorders are now permitted and are used
widely by some TCs serving adolescents with coexisting mental disorders.
Depending on the size and staffing of the TC, there will be some combination of administrative, legal,
dietary, and maintenance staff. The people in these categories are often considered integral to the
clinical process. For example, office personnel may actually have some clinical input in terms of hands-
on management of a resident who has a job function under their supervision. It is essential that all

A Self-regulated Learning Module 25


employees who have any direct or indirect dealings with residents receive training that gives them a
thorough understanding of the TC concept and its bearing on their specific duties.
Protocol
Most programs are designed so residents can progress through phases as they advance through
treatment. Tied to the phases are increased responsibilities and privileges. One cannot advance to the
next higher level until he demonstrates responsibility, self-awareness, and consideration for others (De
Leon, 1995a). By moving through these structured phases, the adolescent acquires and benefits from
psychological and social learning before proceeding to the next stage. Each stage prepares the
resident for the next. After becoming a responsible member of the treatment community, the adolescent
can move on to the outside community. In adult TCs, residents advance through developmental stages
to a level of authority in which they become responsible for the TC's operation. However, this is not
appropriate for adolescents, for whom the staff plays the role of effective parents.
Creating a Safe Environment
Part of the ecological approach to treatment in the TC is the creation of a safe and nurturing
environment, within which adolescents can begin to experience healthy living. It is important for the
staff of the TC to understand what type of home, neighborhood, and social environment from which
each adolescent comes. Many adolescents enrolled in the TC come from unsafe physical and
psychological environments; the characteristics of the home and neighborhood do not facilitate healthy
living, and many risk factors may be environmental. For example, many of these adolescents are third-
generation substance users who have grown up in an environment where substance use is an
everyday activity. Often, physical or psychological violence accompanies the addictive practices, and
children and adolescents may be physically and psychologically damaged.
Essential to creating a safe environment is the TC's strict adherence to "cardinal rules" that, at a
minimum, prohibit substance use or possession, physical threats or violence, or sexual contact. It is
also essential that the environment be psychologically safe by ensuring, for example, that adolescents
are not verbally attacked and that they feel comfortable enough to disclose even the most sensitive of
events (and associated feelings), such as sexual abuse.
Groups in the TC for Adolescents
Various types of counseling groups are provided in the TC. Groups constitute an important therapeutic
technique, as they have since the earliest TCs were established. Typically, everyone attends at least
one group session a day.
Today's TCs generally do not use the grueling encounter groups and all-night "marathons" of their
earlier counterparts, but modified encounter groups still are common. Some programs have begun to
move away from encounter groups and have included 12-Step work, as in the 12-Step model of
treatment. Techniques such as confrontation, designed to help adolescents recognize and
acknowledge their feelings and learn to accept personal and social responsibility, can be
counterproductive by raising clients' defensiveness. Group meetings at advanced stages of the
program are composed of peers, whereas other groups for adolescents are led by qualified counselors
or therapists. Many of the TC programs for adolescents use a cognitive restructuring approach to
change adolescents' thinking and to redirect the focus of their attention to healthier behavior.
There are various types of groups that deal with physical and sexual abuse, although it is very difficult
to get adolescents to acknowledge that they have experienced abuse. Skill groups also exist in
adolescent TCs to enhance existing skills or build new ones.

A Self-regulated Learning Module 26


Education
Enabling residents to receive a good education and at least complete high school are critical goals for
adolescent TCs. Comprehensive TCs provide their own schools, licensed as required, with full-time,
salaried, or local educational agency-provided teachers. Others have a teacher who comes in part time
to conduct classes. All teachers must be State-certified to provide special education or education in
their specific subject area. Residents must receive a minimum of 5 hours of academic instruction per
school day. It is critical that educational services be fully integrated into the TC program and that they
be consistent with the TC process. Teaching staff should be active in the treatment planning process,
and behavioral management programming should be integrated into the "house" procedures.
Because schooling replaces most of the work responsibilities common in adult TCs, the adolescent's
workload is not as heavy as that of the adult. Each resident has assigned job responsibilities in the
evening and on weekends, such as preparing dinner, washing dishes, mopping, dusting--the important
tedium of sober life. After dinner, there is study time and a group meeting. Lights-out is monitored at a
specific time, such as 10:30 p.m.
Recreation
Recreational activities are important for teenagers in TCs who need help in learning to enjoy
themselves and others without using substances. These activities help overcome boredom, a key
problem with adolescents. Physical activities, such as outdoor sports, are necessary but difficult to
provide in winter, particularly in programs that are housed in a limited amount of space. Some TCs
have incorporated relationships with local public facilities or programs such as Outward Bound.
Aftercare
During the first two decades of the TC, residents spent 18 to 24 months in treatment and were
essentially considered to be "cured" and not in need of formal aftercare services. As the average length
of stay decreased, however, it became necessary to return adolescents to their families or independent
living situations with continuing treatment needs. Others required halfway houses, which were, and
continue to be, scarce. In most cases today, adolescents are referred to outpatient programs,
especially for continued family therapy. Some are served through alumni or other affiliated aftercare
resources of TC agencies. Although Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) are
minimally included in many adolescent and adult TCs, most programs have experienced significant
improvements in treatment outcomes when they introduce residents to AA/NA during the reentry phase
of treatment and strongly encourage them to use these 12-Step programs as valuable and effective
aftercare supports. Evaluative work documenting significant reductions in recidivism, substance use,
and antisocial behavior through the use of dedicated TC residents in the community for aftercare is just
beginning to emerge, primarily from researchers dealing with adult prison populations (Inciardi et al.,
1997). Ideally, sophisticated satellite aftercare programs should be provided in the communities where
the residents live. For adolescents, aftercare programs should include a family therapy component.
Involvement of the Adolescent's Family
In the early days of the adolescent TC, families were often viewed as the cause of the adolescent's
problems and were kept away from the adolescent. Families were usually only involved with occasional
parent support groups or Al-Anon and thus were kept away from their children. For cases in which the
adolescent planned to return home, parents were usually brought in for a conference or two shortly
before the adolescent left residence in the TC. In many cases, adolescents were older and tended to
move out to independent living in the community near the TC program--often with little or no family
counseling.

A Self-regulated Learning Module 27


Today, TCs often provide comprehensive family services programs, including such components as
family assessments, family counseling and therapy including multifamily groups, parent support groups,
and family education programs. Some TCs have well-established parent groups that provide program
fundraising and scholarship assistance initiatives. Regular visitation remains limited in most TCs to
weekly or monthly open houses and special events such as graduations.
The issues of accessibility and limited family supports are challenging to TCs, especially when they are
located away from families. Many families lack the transportation or interest to be involved in regular
family programming. In some cases, adolescents have no living parents or have a parent who is
incarcerated. In cases such as these, teleconferencing and family counseling with the individual are
necessary alternatives. Some programs develop agreements with other service providers where the
family resides. These programs can help with parenting skills training and can provide support and
guidance on how to help the youth maintain his recovery. The TC tends to provide a surrogate
extended family for residents, which can provide a corrective experience resulting in more positive self-
identity. Ideally, staff members and the community as a whole provide effective reparenting through a
balance of discipline without punishment or shaming, along with love and concern without enabling.
Related to this is the issue of rural programs versus urban programs that are located closer to the
homes of TC residents. Proponents of city programs argue that it is unfair to take adolescents away
from their families for the duration of treatment. On the other hand, if the family is really dysfunctional, it
is better to keep adolescents away from their family. Locating the adolescent in a rural area away from
the environment in which she was involved with substances and away from her peers in that
environment may strengthen the adolescent's resistance upon return to that environment. There is
disagreement on this matter, however; some authorities believe there is no value in moving the
adolescent to a rural area. Others take a middle ground by placing the adolescent in a rural TC initially
and then returning the youth to treatment in her original environment.
Special Issues of the Adolescent TC Resident
TC staff members must be prepared to deal with many special issues of adolescents that will come to
the fore in the treatment process. Three are particularly common and important: self-image, guilt, and
sexuality (De Leon, 1988; Jainchill, 1997).
Self-image
Adolescents are struggling to develop an identity, which is a critical and sometimes difficult task, even
for those leading ordinary lives without the types of problems experienced by an adolescent in the TC.
They often select images they want to assume, body postures, and an affected manner of speaking
that may be inappropriate. Their images may be embedded in street culture and gang affiliation. Staff
members can work with them and help them see how a healthy identity develops and is maintained;
they are in a position to help the adolescent avoid the acquisition of a negative self-image that can be
destructive. Once this stage of understanding has been reached, staff members can help adolescents
develop self-monitoring methods to assess their own images as well as images of others and to
suggest changes in behaviors, dress, speech, or even posture, when appropriate.
Guilt
Many experienced TC professionals view guilt as the fundamental feeling associated with self-defeating
behavior, including substance use and acting out against others (such as by stealing). They frequently
say to adolescents, "Guilt kills," which expresses their understanding that negative behavior produces
guilt, which in turn, results in more negative behavior to escape guilty feelings. Adolescents can benefit

A Self-regulated Learning Module 28


from help with self-guilt (e.g., how their actions have hurt other people) and community guilt (e.g.,
breaking house rules or not confronting negative behavior and attitudes of other residents).
TC staff members regularly address guilt in encounter groups, seminars, counseling, and even in
special guilt sessions, in which confession is the first step in counteracting the feeling of guilt. While it is
necessary to disclose the act itself, the root issue in these sessions is the concealment of that act,
which the adolescent must confess. Discussion of guilt is valuable for all adolescents, whether they are
undergoing group, community, or individual therapy (DeLeon, 1995a). It is of critical importance that the
residents understand the relationship between guilt and self-destructive behavior. Recognition and
acceptance of the pain associated with guilt is the first step to an experiential basis for new social
learning. Finally, it is hoped that the resident will understand that acknowledging past misdeeds can be
a springboard for commitment to a changed future.
Sexuality
Sexuality, social behavior, and personal identity are interrelated in all human beings, but problems in
these areas are intensified during adolescence. Staff members will encounter problems related to
sexual feelings, sex roles, values, attitudes, and interpersonal relationships between the sexes. Some
residents may be trying to cope with feelings related to sexual abuse. The adolescent must learn to
manage strong sexual impulses. Sexual adjustment of adolescents with substance use disorders is
complicated by other problems such as the lack of sex education at home or school or having poor role
models. Altogether, there is a risk that the adolescent will develop distortions in attitude, values, and
self-perceptions regarding sex.
TC professionals can best deal with these problems through management and rules (e.g., rules against
sexual contact) and through providing sex education in seminars as well as dealing with sexual issues
during encounter groups, one-on-one counseling, and special sessions that are focused on problem
solving. Boys' and girls' living spaces should be separated. The longer term stay and increased contact
make TCs a good environment for counseling and education on HIV infection, AIDS, and safe sex; the
TC can make a real contribution to the young person's life by helping her understand and practice safe
sex.
II. THERAPEUTIC MODATILITIES IN THE PHILIPPINES

A. PAROLE AND PROBATION ADMINISTRATION

WHAT IS TC?

The Therapeutic Community (TC) is an environment that helps people get help while helping others. It
is a treatment environment: the interactions of its members are designed to be therapeutic within the
context of the norms that require for each to play the dual role of client-therapist. At a given moment,
one may be in a client role when receiving help or support from others because of a problem behavior
or when experiencing distress. At another time, the same person assumes a therapist role when
assisting or supporting another person in trouble.

HOW DOES TC LOOK LIKE?

The operation of the community itself is the task of the residents, working under staff supervision. Work
assignments, called “job functions” are arranged in a hierarchy, according to seniority, individual
progress and productivity. These include conducting all house services, such as cooking, cleaning,

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kitchen service, minor repair, serving as apprentices and running all departments, conducting meetings
and peer encounter groups.

The TC operates in a similar fashion to a functional family with a hierarchical structure of older and
younger members. Each member has a defined role and responsibilities for sustaining the proper
functioning of the TC. There are sets of rules and community norms that members upon entry commit
to live by and uphold.

WHAT ARE THE SALIENT FEATURES OF TC?


1. The primary “therapist” and teacher is the community itself, consisting of peers and staff, who,
as role models of successful personal change, serve as guides in the recovery process.
2. TC adheres to precepts of right living: Truth/honesty; Here and now; Personal responsibility for
destiny; Social responsibility (brother’s keeper); Moral Code; Inner person is “good” but behavior
can be “bad”; Change is the only certainty; Work ethics; Self-reliance; Psychological converges
with philosophical (e.g. guilt kills)
3. It believes that TC is a place where: One can change – unfold; the group can foster change;
individuals must take responsibility; structures must accommodate this; Act as if – go through
the motion.
4. There are 5 distinct categories of activity that help promote the change:

Relational/Behavior Management

Affective/Emotional/Psychological

Cognitive/Intellectual

Spiritual

Psychomotor/Vocational-Survival Skills

 These tools serve more than just the purpose of curbing unproductive behavior. They are also a
means used for enforcing community sanctions on behavior that undermine the safety and integrity of
the community such as violations of the cardinal rules of TC: NO drugs, NO violence or threat of
violence, NO sexual acting out and NO stealing! Everything an officer does is meant to erase “street
behavior” and to lead the offender to be committed to “right living”.

When the office gives seminars and tutorials, arranges activities focused on the Higher Power,
conducts games, educational trips and other recreational activities, we touch on the TC aspect of
Intellectual and Spiritual Dimension. Aside from the role of a direct supervisor, the VPAs may be the
invited resource persons, donors/sponsors, facilitators, lecturers, etc. during these seminars.

The skills training and livelihood activities fall within the purview of TC’s Vocational and Survival Skills,
so with Medical/Dental Clinics and Environmental Conservation activities. In this aspect, the VPAs can
facilitate job placement and can tap community resources for clients social and physical needs.

Therapeutic Community is a tool that the Administration uses to prepare the client for reintegration to
the community as a reformed, rehabilitated, productive, drug-free and law abiding person.

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 WHAT IS THE TC MISSION?

 To promote human and social transformation among our clients and among ourselves.

WHAT IS THE TC VISION?

By the end of this decade, TC shall have become the corporate culture of the Parole and Probation
Administration permeating its plans, programs, and practices, and confirming its status as a model
component of the Philippine Correctional System.

THERAPEUTIC COMMUNITY MODALITY AND RESTORATIVE JUSTICE

The success of the Therapeutic Community treatment model is also anchored on the implementation of
restorative justice. To highlight the principles of restorative justice, offenders are recognized to
indemnify victims and render community services to facilitate the healing of the broken relationship
caused by offending the concerned parties. Mediation and conferencing are also utilized in special
cases to mend and/or restore clients’ relationship with their victim and the community.

 Considering that it is in the community that the rehabilitation of clients takes place, the utilization of
therapeutic community treatment model coupled with the principles of restorative justice would be
further energized with the recruitment, training and deployment of Volunteer Probation Aides (VPAs).
The VPA program is a strategy to generate maximum participation of the citizens in the community-
based program of probation and parole. Through the VPAs, the substance of restorative justice is
pursued with deeper meaning since the VPAs are residents of the same community where the clients
they supervise reside. Thus, it is practicable for the volunteers to solicit support for clients’ needs and
assist the field officers in supervising the probationers, parolees, and pardonees.

The Therapeutic Community treatment modality, Restorative Justice paradigm and deployment of
VPAs integrated into one rehabilitation program have yielded tremendous outcome in the rehabilitation
and reformation of probationers, parolees, pardonees, and first-time minor drug offenders.

Furthermore, the Agency believes that the client’s family is a major part or support in the rehabilitation
process, thus the Administration adopts the Integrated Allied Social Services program to address the
needs of the children and other minor dependent of the clients. Under the said program, interventions
relative to the growth and development of the minor dependents are done to help them become
productive, law abiding and effective individuals.

B. BUCOR AND BJMP THERAPEUTIC COMMUNITY MODALITY PROGRAM

The Therapeutic Community Modality is a self-help social learning treatment model used for clients with
problems of drug abuse and other behavioral problems such as alcoholism, stealing, and other anti-
social tendencies.

As a treatment model, it includes four (4) categories:

1. behavior management,

2. intellectual/spiritual aspect,

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3. emotional and social aspects, and

4. vocational/survival aspects.

In this regard, the Therapeutic Community Modality provides a well-defined structure for a synchronized
and focused implementation of the various intervention strategies/activities undertaken by the Agency
such as:

1.  Individual and group counseling

This activity intends to assist the clients in trying to sort out their problems, identify solutions, reconcile
conflicts and help resolve them. This could be done either by individual or group interaction with the
officers of the Agency.

2.  Moral, Spiritual, Values Formation

Seminars, lectures or trainings offered or arranged by the Agency comprise these rehabilitation
activities. Active NGOs, schools, civic and religious organizations are tapped to facilitate the activities.

3.  Work or Job Placement/Referral

Categorized as an informal program wherein a client is referred for work or job placement through the
officer’s own personal effort, contact or information.

4.  Vocational/Livelihood and Skills Training

The program includes the setting up of seminars and skills training classes like food preservation and
processing, candle making, novelty items and handicrafts making, etc., to help the clients earn extra
income. Likewise, vocational and technical trade classes are availed of such as refrigeration,
automotive mechanic, radio/television and electronics repairs, tailoring, dressmaking, basic computer
training, etc. through coordination with local barangays, parish centers, schools and civic organizations.

5.  Health, Mental and Medical Services

To address some of the basic needs of clients and their families, medical missions are organized to
provide various forms of medical and health services including physical examination and treatment, free
medicines and vitamins, dental examination and treatment, drug dependency test and laboratory
examination.

Psychological testing and evaluation as well as psychiatric treatment are likewise provided for by the
Agency’s Clinical Services Division and if not possible by reason of distance, referrals are made to
other government accredited institutions.

6.  Literacy and Education

In coordination with LGU programs, adult education classes are availed of to help clients learn basic
writing, reading and arithmetic. Likewise, literacy teach-ins during any sessions conducted for clients
become part of the module. This is particularly intended for clients who are “no read, no write” to help
them become functionally literate.

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Likewise, linkages with educational Foundation, other GOs and NGOs are regularly done for free
school supplies, bags and uniform for client’s children and relatives.

7.  Community Service

This program refers to the services in the community rendered by clients for the benefit of society. It
includes tree planting, beautification drives, cleaning and greening of surroundings, maintenance of
public parks and places, garbage collection, blood donation and similar socio-civic activities.

8.  Client Self-Help Organization

This program takes the form of cooperatives and client associations wherein the clients form
cooperatives and associations as an economic group to venture on small-scale projects. Similarly,
client associations serve another purpose by providing some structure to the lives of clients where they
re-learn the basics of working within a group with hierarchy, authority and responsibility much like in the
bigger society.

9.  Payment of Civil Liability

The payment of civil liability or indemnification to victims of offenders are pursued despite the economic
status of clients. Payment of obligations to the victims instills in the minds of the clients their
responsibility and the consequences of the harm they inflicted to others.

10.  Environment and Ecology

To instill awareness and concern in preserving ecological balance and environmental health,
seminars/lectures are conducted wherein clients participate. These seminars/lectures tackle anti-smoke
belching campaign, organic farming, waste management, segregation and disposal and proper care of
the environment.

11.  Sports and Physical Fitness

Activities that provide physical exertion like sports, games and group play are conducted to enhance
the physical well being of clients. Friendly competition of clients from the various offices of the sectors,
together with the officers, provide an enjoyable and healthful respite.

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Assess the Therapeutic Modality by filling out the table below.

STRENGTHS: WEAKNESSESS:

CONCLUSION

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EVALUATION OF THE COURSE

After finishing the modules, please answer the following questions.

1. What lesson or activity did I enjoy most? Why?

2. What is the most important lesson which I can apply in my daily life?

3. What are the new insights/discoveries that I learned?

4. What topic/s do I find least important?

5. What possible topics should have been included?

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