CA 103 Therapeutic-

Modalities
Summer Class 2025
 CA3: THERAPEUTIC MODALITIES
COURSE DESCRIPTION: This course covers the different therapeutic
modalities, treatment models, treatment programs, and policy or
program intervention for both in Institutional and non-institutional
corrections. The forging of partnerships, involvement and engagement
of
Government Agencies, Religious Sector, Private Foundations,
Institutions and Non-
Governmental Organizations focused on the Detainee’s/Inmate’s/Person
Deprived Liberty’s total welfare and well-being.
CHAPTER 1
Review on the Relevant Topics in Institutional Corrections and
Non-Institutional Corrections

Corrections in Philippine Setting

CORRECTIONS - is the fourth pillar of the Criminal Justice System

composed of two major and equally significant components:

1. Institution-Based Corrections (Institutional

Corrections); and 2. Community-Based
Corrections (Non-Institutional Corrections).

The three executive departments of the government. (Implementation)

1. DOJ - manages the national prisoners

A. Bureau of Corrections (BUCOR) - with a principal task of the

rehabilitation of prisoners so they can become useful members of
society upon completion of their service of sentence.
B. Board of Pardons and Parole (BPP) - recommends to the President
the prisoners who are qualified for parole, pardon or other forms of
executive clemency in the form of reprieve, commutation of sentence,
conditional pardon and absolute pardon.
C. Parole and Probation Administration (PPA) - conducts post-
sentence investigation of petitioners for probation as referred by the
courts, as well as pre-parole/pre-executive clemency investigation to
determine the suitability of the offender to be reintegrated in the
community instead of serving their sentence inside an institution or
prison; exercise general supervision over all parolees and probationers
and promotes the correction and rehabilitation of offenders outside the
prison institution.
2. DILG - manages inmates who are undergoing investigation, awaiting
or undergoing trial, awaiting final judgment and those who are
convicted by imprisonment of up to three (3) years.
A. Bureau of Jail Management and Penology (BJMP) has jurisdiction
over all municipal, city and district jail national wide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention
facilities in its different police stations nationwide.
3. DSWD - manages sentenced youth offenders.

PHILIPPINE PRISON SYSTEM

1. Bureau of Corrections - under the administration of Department of

Justice
- It was renamed from Bureau of Prisons by Executive Order 292 passed
during the Aquino administration. It states that the head of the Bureau
of Correction is the Director of Prisons who is appointed by the President
of Philippines with the confirmation of the Commission on Appointment.

National Prison/Insular Prison

1. Bureau of Prisons/Corrections-Muntinlupa City
A. NBP - Maximum Security Prison
B. Camp Sampaguita - Medium Security Prison
C. Camp Bukang Liwayway - Minimum Security Prison

2. Reception and Diagnostic Center (RDC)

3. Correctional Institution for Women (CIW) -
Mandaluyong City 4. Penal Colonies:
a. Iwahig Prison and Penal farm in Palawan
b. Davao Prison and Penal farm in Davao del Norte
c. San Ramon Prison and Penal Farm in Zamboanga City
d. Sablayan Prison and Penal Farm in Occidental Mindoro.
e. Leyte Regional Prison in Abuyog Leyte.

CHAPTER 2
Standard on Treatment and Rehabilitation of
Prisoners/Inmate/PDL
A. Safety and Orderly

Security – it involves safety measures to maintain the orderliness

and discipline within the jail or prison.
Prison Discipline – It is the state of good order and behavior. It
includes maintenance of good standards of works, sanitation, safety,
 educational, health and recreation. It aims at self-reliance, self-
control, self-respect and self-discipline.
Preventive Discipline – is the prompt correction of minor deviations
committed by prisoners before they become serious violations.
Control – It involves supervision of prisoners to ensure punctual
and orderly movement from one place work program or
assignment to another. Aims of Institutional Security and Control
1. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order

Essential Requisites for Sound Custody, Security and Control

1. Adequate system of classification of prisoners
2. Regular inspections
3. Adequate system of counting
4. Set of rules of control and safety precautions
5. Plan for the control of contraband and equipments
6. Keying system
7. Emergency plans

Custody – is the guarding or penal safekeeping, it involves

security measures to ensure security and control within the
prison. The Prison Custodial Division carries it out. The Prison
Custodial Division is charged of all matters pertaining to the
custody of the Prisoners and security of the institution.

Disciplinary Board

The board is tasked to implement discipline inside the jails just in case
there are violation of existing rules and policies.

COMPOSITION:
 Chairman- assistant warden
 Members- chief security officer, medical/ public health
officer, social worker/ rehabilitation officer
Functions of the Disciplinary Board

The Warder tasks the Board to investigate the facts regarding the
alleged misconduct referred to it. It holds sessions as often as
necessary misconduct referred to it. It holds sessions as often as
necessary in a room that may be provided for the purpose. All cases
referred to it must be heard and decided within 48 hours from the date
of the receipt of the case .
The board is tasked to investigate the facts of the alleged
misconduct referred to it by the warden:

Authorized Disciplinary Penalties:

 Reprimand
 Temporary or permanent cancellation of some or all
recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only
 Closed confinement
 Transfer to another facility with court coordination

Limitation of Punishment

 No female inmate is subjected to any disciplinary

punishment which might affect her unborn or nursing child
 No impaired or handicapped inmates shall be meted out
with punishment corporal and inhuman punishment
is prohibited
 Medical examination is required when solitary or extra
fatigue punishment is imposed
 Jail physician may recommend termination of punishment
on grounds of physical or mental health

Procedure in Hearing Disciplinary Cases

 The aggrieved inmate shall inform any member of the

custodial force of the violation, the letter in turn, officially
report the matter to the desk officer. If one of the
employees knows of the violation committed by the
inmate, a brief description of the circumstances
surrounding or leading to the reported violation and all
facts relative to the case shall be made.

 The desk officer shall simultaneously inform the warden

station/ substation commander, as the case may be and
shall immediately cause the investigation. He shall submit
to the warden his report together with his
recommendations.

 The warden shall evaluate the report and if he believes

that there is no sufficient evidence to support the alleged
violation, he shall dismiss the case. If he believes there
exist sufficient evidence, he shall decide the case and
impose the necessary penalty in case of minor violation. If
the case is less grave or grave, he shall endorse it to the
board for hearing or decide it himself as a summary
disciplinary officer if there is no disciplinary board.
  The inmate shall be confronted to the reported violation
and ask how he pleads to the charge. If he admit the
violation or pleads guilty, the board shall impose the
corresponding punishment.

 If the inmate denies the charge, the hearing shall

commence with the presentation of evidence and other
witnesses by the desk officer. The inmate shall then be
given the opportunity to defend himself by his testimony
and those of his witness, if any, and to present other
evidences to prove his innocence.

After the hearing, the board shall decide the case on the
merits.

 Whether the inmate is found guilty or not, he should be

advised to obey the rules and regulations strictly and
reminded that the good behavior is indispensable for his
early release and or the granting of privileges.
 Decision of the board/ summary disciplinary officer is
subject to the review and approval by the warden and / or
the higher authority. The inmate may request a review and
approval by the and/ or the higher authority. The inmate
may request a review on the findings of the board and the
propriety of the penalty to the central office, BJMP decision
shall be final.

Punishable Acts inside the Jail:

Minor Offenses:

 selling or bartering with fellow inmates items not classified

as contraband.
 rendering personal services to fellow inmates.
 Untidy or dirty in his personal appearance.
 Littering or failing to maintain cleanliness and orderliness
in his quarter and/ or surroundings.
 Making frivolous or groundless complaints
 Taking the cudgels or reporting complaints
 Late reporting to duty without jurisdiction reason; and 
Willful waste of food.

Less Grave Offense:

 Failure to report for work detail without sufficient

justification.
 Failure to render assistance to an injured personnel or
inmates.
 Failure to assist in the putting out of fire inside the jail.
  Acting boisterously during religious, social and other
groups function.
 Swearing, cursing or using profane language directed
personally toward other person.
 Malingering or reporting as sick to escape work
assignment.
 Spreading rumors or maliciously intriguing against honor of
any persons, particularly members of the custodial force.
 Failing to stand at attention and give due respect when
confronted by or reporting to any officers or member of the
custodial force.
 Forcing fellow inmate to render services to himself and/ or
others
 Exchanging uniform or wearing clothes other than those
issued to him the purposes of circumventing jail rules.
 Loitering or being in an unauthorized place.
 Using the telephone without authority
 Writing, defacing or drawing on walls, floor or any
equipment.
 Withholding information which is inimical and prejudicial to
the jail administration.
 Possession of lewd or pornographic literature and
photographs.
 Absence from cell, brigade, place of work during head
count or at any time without justifiable reason; and
 Failing to turn over any implements/ article issued after the
details.
 Committing any act prejudicial to or which is necessary to
good order and discipline.

Grave Offense:

 Making untruthful statement or lies in official

communication, transaction, or investigation.
 Keeping or concealing keys or locks of places in the jail
where it is off limits to offender.
Giving gift, selling to, or bartering with jail personnel
 Keeping in his possession money, jewelry or other
contraband which the rules prohibit.
 Tattooing others or allowing himself to be tattooed, or
keeping any paraphernalia for tattooing.
 Forcibly taking or extracting money from fellow inmates.
 Punishing or inflicting injury upon himself or other inmates.
 Receiving, keeping, taking or imbedding liquor and other
prohibited drugs.
 Making , improvising or keeping any kind of deadly
weapon.
  Concealing or withholding information on plans of
attempted escape.
 Unruly conduct and behavior and flagrant of discipline and
instructions.
 Helping, adding or abetting others to escape.
 Fighting causing any disturbance or participating there in
and/ or agitating to cause such disturbance or riot; and
 Indecent , immoral or lascivious acts which by himself or
other and/ or allowing to be subject of such indecent,
immoral or lascivious acts.

Punishable Acts inside Jail:

 Willful disobedience to lawful orders issued by an officer or

member of the custodial forces.
 Assaulting any officer or member of the custodial force.
 Damaging any government property or equipment issued
to the inmates.
 Participating in any kangaroo court, unauthorized or
irregular court conducted with disregard for or perversion
of legal proceeding of a mock court by offender in jail/
prison.
 Affiliating oneself to any gangs or faction whose main
purpose is to ferment regionalism or to segregate them
from others.
 Failing to inform the authorities concerned when afflicted
with any communicable disease like VD, etc.
 Committing any act, which is in violation of any ordinance,
in which case he shall separately be prosecuted criminally
in accordance with law.

Plan for Escapes or Jailbreaks

The following are the basic guidelines in dealing with jailbreaks:

 The control center shall immediately sound the alarm and

inform the warden in case of escape.
 At the first sound of the alarm, the inmates shall be locked
in their respective cells.
 All the first personnel, custodial and non-custodial force
shall make themselves available for deployment.
 Personnel who have inmates under their care shall remain
on duty; take their accounting at the time of the
emergency.
 A simultaneous institution-wide count shall be made to
determine the numbers of inmates who escaped identities
established.
  As soon as the identities of the escapees are established, it
shall be published and all police precincts be immediately
notified.
 Radio and television stations should be immediately
notified.
 Recovery teams shall be sent out to all known liars,
hangouts.
 In case of mass jailbreaks, all the members of the custodial
force shall issued firearms and resigned to critical post to
block the escape routes.
 If an officer is held hostage, reasonable caution should be
made to ensure his/ her safety.
 If the warden is held hostage, for all intents and purposes
he ceases to exercise authority and the next in command
shall take the action.
Maximum force shall be deployed for escapes found
holding on in an area to pressure them to surrender and
avert their movements and an investigation shall
commence thereafter.

Commitment and Classification of Prisoners and Detainees

A person can be committed to jail only upon the issuance

of an appropriate order by a competent court or authority
so mandated under Philippine laws. This Rule enumerates
courts and authorities, and classifies inmates according to
the conditions for their commitment.

Commitment - means entrusting for the confinement of an

inmate to a jail by a competent court or authority, for the
purposes of safekeeping during the pendency of his/her case.

Courts and other Entities Authorized to Commit a Person

to Jail- The following (courts and entities) are authorized to
commit a person to jail: a. Supreme Cort;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by
law to arrestand commit a person to jail.

Classification - refers to assigning or to grouping of inmates

according to their respective penalty, gender, age, nationality,
health, criminal records, etc.
Categories of inmates -The two (2) general
categories of inmates are: a. Prisoner - inmate who is
convicted by final judgment; and
b. Detainee - inmate who is undergoing
investigation/trial or awaiting final judgment.

Classification of prisoners - The four (4) main classes of

prisoners are:
a. Insular Prisoner - one who is sentenced to a prison term of
three (3) years and one
(1) day to reclusion perpetua or life imprisonment;
b. Provincial Prisoner - one who is sentenced to a prison term of
six (6) months and one
(1) day to three (3) years;
c. City Prisoner - one who is sentenced to a prison term of
one (1) day to three (3) years; and
d. Municipal Prisoner - one who is sentenced to a prison term
of one (1) day to six (6) months.

Classification of detainees - The three (3) classes of

detainees are those: a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.

Inmates Security Classification-The following are the

classifications of inmates according to security risk each may
pose:
a. High Profile Inmate - those who require increased
security based on intense media coverage or public concern as a
result of their offense such as but not limited to those who have
been involved in a highly controversial or sensationalized crime
or those who became prominent for being a politician,
government official, multi-million entrepreneur, religious or
cause-oriented group leader and movie or television personality.
b. High Risk Inmate - those who are considered highly
dangerous and who require a greater degree of security, control
and supervision because of their deemed capability of
escape, of being rescued, and their ability to launch or
spearhead acts of violence inside the jail. This includes those
charged with heinous crimes such as murder, kidnapping for
ransom, economic sabotage, syndicated or organized crimes,
etc. Also included are inmates with military or police trainings or
those whose life is in danger or under imminent threat.
c. High Value Target (HVT) - a target, either a resource or
a person, who may either be an enemy combatant, high ranking
official or a civilian in danger of capture or death, typically in
possession of critical intelligence, data, or authority marked as an
 objective for a mission and which a commander requires for the
successful completion of the same.
d. Security Threat Group - any formal or informal ongoing
inmates’ group, gang, organization or association consisting of
three or more members falling into one of the following basic
categories: street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive groups and
terrorist organizations.
e. Subversive Group - a group of persons that adopts or
advocates subversive principles or policies tending to overthrow
or undermine an established government.
f. Terrorist Group - a group of persons that commits any of
the following: piracy and mutiny in the high seas or in the
Philippine waters, rebellion or insurrection, coup d’état, murder,
kidnapping and serious illegal detention, crimes involving
destruction, arson, hijacking, violation of laws on toxic substances
and hazardous and nuclear waste control, violations of atomic
energy regulations, anti-piracy and antihighway robbery, illegal
and unlawful possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO) - a person whose
political or religious ideologies are considered far outside the
mainstream attitudes of the society or who violates common
moral standards and who has adopted an increasingly extreme
ideals and aspirations resorting to the employment of violence in
the furtherance of his/her beliefs. h. Medium Risk Inmates -those
who represent a moderate risk to the public and staff. These
inmates still require greater security, control and supervision as
they might escape from and might commit violence inside the
jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who
have lesser tendencies to commit offenses and generally pose
the least risk to public safety. In most cases, they may be first
time offenders and are charged with light offenses.

CHAPTER 3

PDLs Admission Process and Procedures in the BJMP, Provincial

Jails & BUCOR

The Classification Movement

The reorganization or the federal prison system in 1930, stared the

movement for modern correctional reforms. The most recent
developments in individualization of treatment and training of prisoners.
State correctional system have adopted California’s system of
diversification by institution and diversification within the institution in
the year 1944. Today, no prison system which has effectively without
this programs. Through such reorganization the Reception and Guidance
Center was established. It’s a new type of institution for the study of the
prisoner and preparation of his treatment and training program in
prison.

Classification and Diversification The Difference

Classification Diversification
Is the placing of prisoners into types or Is an administrative device of
categories for the implementation of correctional institutions of providing
the best treatment programs. It is a varied and flexible types of physical
method by which diagnostic treatment plants for more effective control of the
planning and execution of treatment treatment programs of its diversified
programs are coordinated in individual population. It is the separation of
cases. different types of inmates for sound
execution of their treatment and
custody.
The Classification Process

The rehabilitation program of the prisoner is carried through process of

classification is more than placing prisoners into types or categories it is
a method by which diagnosis, treatment and planning and execution of
treatment program are coordinated in the individual care.

Objectives of Classification Process

The objectives of classification are the development of an integrated

and realistic programs of the prisoner arrived at through the
coordination of diagnosis, planning and treatments activities and an
informed continuity of these activities from arrival to release of the
prisoner.

The Three Phases of Classification

1. Diagnosis- this done inside the reception center in which the

inmates will undergo series of test, e.g. physical, mental and
medical examination in other to determine the inmates condition.

2. Treatment Planning- this will take place in the reception center,

which is a special unit from the prisoner or in the classification
clinic of the prison. (After the staff interview and staff conference
is done, it will be then part of the admission summary)

3. Execution of the Treatment Program- this will take place in the

operating institution or prison.

Admission Procedure in Prison

• Receiving – prisoners from city or provincial jails where

transferred in the national prison after conviction by final
 judgment if the penalty is more than three years. The
prisoners are received at the Reception and Diagnostic Center
for examinations.

• Checking – this include the checking of papers and other

documents of prisoner by the prison administrator, such as
travel document or commitment order issued by judge.

• Identification – proper identification of prisoner is done

through his picture and fingerprint.

• Searching – this involves frisking and searching hidden

dangerous things or weapons and other contraband.

• Orientation – this is the reading of rules and regulations of

the prisons.
• Assignment – prisoner is sending to quarantine unit for a
period of seven to ten days.

Classification of Inmates as to Entitlement of Privileges

• Detainee;
• Third Class inmate – one who has either been previously committed
for three (3) or more times as a sentenced inmate, except those
imprisoned for non-payment of a fine and those who had been
reduced from a higher class;
• Second Class inmate – a newly arrived inmate; an inmate demoted
from first class; or one promoted from the third class;
• First Class inmate – one whose known character and credit for work
while in detention earned assignment to this class upon
commencement of sentence; or one who has been promoted from
the second class.
• Colonist.
Qualifications of a Colonist

 be at least a first class inmate and has served one (1) year
immediately preceding the completion of the period specified in the
following qualifications;
 has served imprisonment with good conduct for a period equivalent
to one fifth (1/5) of the maximum term of his prison sentence, or
seven (7) years in the case of a life sentence.

Privileges of a Colonist

 Credit of an additional GCTA of five (5) days for each calendar month
while he retains said classification aside from the regular GCTA
authorized under Article 97 of the RPC (not applicable under present
law) ;
 Automatic reduction of the life sentence imposed on the colonist to a
sentence of thirty (30) years;

 As a special reward to a deserving colonist, the issuance of a

reasonable amount of clothing and ordinarily household supplies
from the government commissary in addition to free subsistence;
and

 To wear civilian clothes on such special occasions as may be

designated by the Superintendent.

Privilege of an Inmate in Visiting Relatives Who Died

 To view the remains of a deceased relative and all its supporting

documents shall be filed with the Superintendent at least two (2)
days before the enjoyment of the privilege sought.

 Inmate may be allowed more or less three (3) hours to view the
deceased relative in the place where the remains lie in state.

 The privilege may be enjoyed only if the deceased relative is in a

place within a radius of thirty (30) kilometers by road from the
prison. Where the distance is more than thirty (30) kilometers, the
privilege may be extended if the inmate can leave and return to his
place of confident during the daylight hours of the same day.

Time-Release Education

Thirty (30) days prior to his scheduled date of release, an

inmate is transferred to the Separation and Placement Center for the
purposes of reorientation with the ways of free society. Service of Non-
Governmental Organization and their religious sector are made possible
to the offenders prior to release from prison to assist in their
reintegration to society.

Release

The authorities who approve the release of an inmate are:

a. The Directors of the Bureau of Corrections upon the

expiration of the sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in
cases of acquittal of the accused prisoner or grant of
bail.
d. The President of the Philippines in cases of Executive
Clemency or Amnesty.
 A release prisoner is supplied by the bureau with transportation
fare to his home plus gratuity of fifty pesos (P50.00) to cover the cost
subsistence en route, and suit of decent clothes.

The Difference between Prison and Jail

Prison Jail
a penitentiary, an institution for a place of confinement for those
the imprisonment of persons who are awaiting for trial or are
convicted of major/serious those serving short sentences.
crimes.

a place of confinement for primarily adult penal institution

those who are serving more used for the detention of law
than 3 years of imprisonment. violators, which is administered
by a province, city and
is a confinement facility having municipality.
custodial authority over an
individual sentenced by a court
to imprisonment, which is The word Jail derived or
administered by a national originated from the Spanish
government. word “Caula or Jaula”, meaning
cage.

The word Prison derived or

originated from the Greco-
Roman
“Presidio”.
Lock Up Jail

This is a security facility, usually operated by the police department, for

the temporary detention of persons held for investigation or awaiting
trial.

Creation of Provincial Jail (Administered and Management by

Provincial Government)

SECTION 468. (4) (vii) Establish and provide the maintenance and
improvement of jails and detention centers, institute a sound jail
management program, and appropriate funds for the subsistence of
detainees and convicted prisoners in the province; R.A. 7160

The Provincial Jail

The Provincial Jail System was first established in 1910 under

the American regime. Each of the seventy-six (76) provinces has a
Provincial Jail is headed by a Provincial Jail Warden which is appointed
by the Provincial Governor, as well as provincial jail guards with
conformity with the Civil Service Law. The DILG serves as the
supervising agency in every Provincial Jail.
 The management of our Provincial Jails and its program of
rehabilitation are dependent upon the Provincial Warden and the
provincial government. Most of the Provincial Jails today are faced with
the congestion problem and funds. Today, there are twenty-one (21)
provincial government that have constructed their respective sub-
provincial jails to house prisoners whose prison terms range from six (6)
months and one (1) day to three (3) years. There are now a total of 812
(as of 1993) offenders confined in these jails, which is being handled by
203 jails guards and personnel. The seventy-six (76) Provincial Jails have
confined 9,865 (as of 1993) offenders and still growing. These offenders
are being provided with 2,439 provincial guards’ task to secure and
provide reformation unto them.

Who is a Prisoner?

• a prisoner is a person who is under the custody of lawful

authority.
• any person detained/confined in jail or prison for the commission
of a criminal offense or convicted and serving in a penal
institution.
• a person committed to jail or prison by a competent authority for
any of the following reasons: to serve sentence after conviction,
trial or investigation.

General Classification of Prisoners

 Detention Prisoners detained for investigation, preliminary

hearing, or awaiting trial. They are prisoners under the jurisdiction of
courts.

 Sentenced Prisoners offenders who are committed to jail or prison

in order to serve their sentence after final conviction by a competent
court. They are prisoners under the jurisdiction of penal institutions.

 Prisoners who are on safekeeping includes non-criminal offenders

who are detained in order to protect the community against their
harmful behavior.

Classification of Sentenced Prisoner (P.D. 29)

 Insular or National Prisoners sentenced to suffer a term

of sentence of 3 years and 1 day to life imprisonment.

 Provincial Prisoners sentenced to suffer a term

imprisonment from 6 months and 1 day to 3 years or a fine not
more than 1, 000.00 pesos or both.
  City Prisoners those sentenced to suffer a term of
imprisonment from 1 day to 3 years or a fine of not more than
1,000.00 pesos or both.

 Municipal Prisoners those confined in Municipal jails to

serve an imprisonment from 1 day to 6 months.

Classification of Detainees

The three (3) types of detainees are those:

• Undergoing investigation;
• Awaiting or undergoing trial; and
• Awaiting final judgment.

Guidelines in Reception and Admission Procedures in Jails

Step 1. Checking of Credentials by the Desk Officer:

Carefully Examines the Following Documents:

 Commitment Order/ Mittimus;

 Information;
 Medical Certificate
 Police Booking Sheet

Entries to be scrutinized in the documents:

 Name of Detainee /Prisoner;

 Branch of Court (RTC /MTCC /MTC /MCTC)
 Offense Charged
 Case Number
 Signature of the Judge/Medical Officer
 Official Seal

Step 2. Search of detainee/prisoner by the Searcher

 Strip Searching of Detainee/Prisoner;

 Taking all cash and other personal property from the
inmate and issue receipt;
 Turn-over all cash and valuables of the inmate to the
Property Custodian for safe keeping with official receipts.
Step 3. Physical examination/appraisal by the Jail Medical
personnel

 Conduct a thorough medical examination of the inmate

and check for body vermin, cuts, bruises and other injuries
and for needle marks to determine if he/she is a drug
dependent.
 Observe the mental alertness, overall appearance,
physical abnormalities, rashes, scratches or other
identifying marks of the inmate.
 Inmate found with contagious disease or with
psychological problems be immediately
isolated/segregated from other inmates.
 A medical record is accomplished to include medical
history(Vital Signs: PB, Pulse Rate & Temperature)
 Compare the findings with the medical certificate Issued
by the Medico-legal Officer upon his entry in jail.

Step 4. Taking of fingerprints and photograph, accomplish a jail

booking, and complete the documents required in the Carpeta.

Accomplish the Following Documents:

 Fingerprint Specimen Sheet;

 Jail Booking Report/Sheet;
 Profile of Escapee;
 Security Risk Factor Scoring Card;
 Detainee’s Manifestation;

In addition to the above enumerated documents, the Carpeta

should also contain the following, to wit:
 Commitment Order / Mittimus;
 Complaint;
 Information;
 Pending Warrant;
 Subpoena;
 Decision/Judgment;

Step 5. Orientation of inmate to jail rules and policies and about

Article 29 of the RPC/ R.A. 6127 (detainee’s manifestation) by
the chief custodial or the officer of the day.

Appraise the detainee, preferably in the dialect which he/she

understands, that under Article 29 of the Revised Penal Code, as
amended by R.A. 6127, that his her preventive imprisonment
shall be credited in the service of his/her sentence, consisting of
deprivation of liberty for the whole period he/she is detained if
he/she agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners; Provided,
 that he/she is not a recidivist, or has not been previously
convicted twice or more times of any crime; and when, upon
being summoned for the execution of his/her sentence, he/she
surrendered voluntarily.

Step 6. Classification and Segregation of Newly

Detained Inmate Composition of the Classification Board:
a. Chairman - Deputy Warden
b. Member - Chief, Custodial/Security Office
c. Member - Medical Officer/ Public Health Officer
d. Member - Jail Chaplain
e. Member - Inmates Welfare and development
Officer
CHAPTER 4
Treatment Programs of Convicted Persons Placed under Non-
Institutional
Correction Programs/Community Based Program

PROBATION

Probation - A term coined by John Augustus, from the Latin verb

"probare" – which means to prove or to test.

Probation is a procedure under which the court releases a

defendant found guilty of a crime without imprisonment subject to the
condition imposed by the court and subject to the supervision of the
probation service. Probation may be granted either through the
withholding of sentence (suspension of imposition of a sentence) or
through imposition of sentence and stay or suspension of its execution.
The former generally considered more desirable.

Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be

properly considered as an independent subject. It is only a phase of
penology, and therefore, it must be viewed in its relation to other
aspects of the enforcement of the criminal laws and its proper
perspective. It is a part of an entire structure and only a single feature
of a well-rounded correctional process. Probation is a form of treatment
of the convicted offender. It is not a clemency, pity or leniency to the
offender, but rather a substitute for imprisonment. There are some
offenders who must go to prison for their own good and for the good of
the society because their presence in the community constitutes a
threat to law and order. Other less inured to crime can remain in the
community after conviction where they are given a chance to conform
to the demands of the society. Probation is compared to an out-patient.
The out-patient does not need to be confined in a hospital because his
sickness is not serious. However, the patient must remain under the
care and supervision of his family physician in order that his sickness
will not become serious. Similarly, the probationer does not need to go
to prison, but he should remain under the supervision and guidance of
his probation officer in order that he will not become a more serious
offender.

Probation is given in cases that the ends of justice do not require

that the offender go to prison. This is also when all the following
circumstances exist: that there is a strong likelihood that the defendant
will reform; that there is a little danger of seriously injuring or harming
members of the society by committing further crimes; that the crime he
committed is not one that is repugnant to society; that he has no
previous record of conviction; and that the deterrent effect of
imprisonment on other criminals is nit required. The person who is
placed on probation is not a free man because he is required to live
within specified area. He is deprived of certain rights and privileges of
citizenship, but he retains some other rights and is entitled to the
dignity of man.

Purpose of Probation

The Wickersham Reports in 1931 (Report of the “National

Commission of Law Observance and Enforcement, “page 146 of Report
No. 9) states the purpose of probation as follows:

1. “Probation, like parole and imprisonment, has as its primary

objective the protection of society against crime. Its methods
may differ, but its broader purpose must be to serve the great
end of all organized justice – the protection of the community…
probation is an extension of the powers of the court over the
future behavior and destiny of the convicted person such as is
not retained in other dispositions of criminal case…

2. “ … in probation ( there ) is the recognition that in certain types

of behavior problems which come before the courts confinement
may be both an unnecessary and an inadequate means of
dealing with the individuals involved; unnecessary because in
that particular case the end sought, i,e., the protection of society,
may be achieved without the cost of confinement, and
inadequate because the prison sentence may create difficulties
and complications which will make more, rather than less,
doubtful the reinstatement of that particular individual as a law-
abiding citizen. “

Advantages of Probation

Probation is more advantageous than imprisonment. In probation,

the man is spared the degrading, embittering and disabling experience
of imprisonment that might only confirm them in criminal ways. On the
other hand, the offender can continue to work in his place of
employment. Family ties remain intact, thus preventing many a broken
home. Also, probation is less expensive which is only one tenth as costly
as imprisonment. To the extent that probation is being used today –
about 60% of convicted offenders are given probation – this type of
sentencing therefore, will greatly relieve prison congestion. Chief Justice
Taft of the United States Supreme Court in a case decided by that Court
mentioned the purpose of the federal Probation Act as follows:

“The great desideratum was the giving to young and new

violators of law a chance to reform and to escape the contaminating
influence of association with hardened or veteran criminals in the
beginning of the imprisonment… Probation is the attempted saving of a
man who has taken one wrong step and whom the judge think to be a
brand who can be plucked from the burning at the time of the
imposition of the sentence. “

ADMINISTRATIVE ORGANIZATION OF PROBATION

During the early stages of probation the appointment of probation

officers and the administration of probation services were considered as
court functions. Later, probation service was provided to serve all courts
within a City or County such courts as juvenile, domestic, municipal and
criminal. In this type of probation service, the probation officers are
appointed by the Civil Service Bureau or Commission. In recent years
there has been a trend toward a state integrated probation and parole
service for:

• Personality: He must be of such integrity, intelligence,

and good judgment as to command respect and public
confidence; Because of the importance-of his quasijudicial
functions, he: must possess the equivalent personal qualifications
of high judicial officer. He must be forthright, courageous and
independent. He should be appointed without reference to creed,
color, or political affiliation.

• Education: A board member should have an educational

background broad enough to provide him with knowledge of
those professions mostly closely related to parole administration.
Specifically, academic training which has qualified the board
member for professional practice in a field such as criminology,
education, psychiatry, psychology, social work and sociology is
desirable. It is essential that he have the capacity and desire to
round out his knowledge, as effective performance is dependent
upon an understanding of legal processes, the dynamics of
human behavior, and cultural conditions contributing to crime.

• Experience: He must have an intimate knowledge of

common situations and problems confronting offenders. This
 might be obtained from a variety of fields, such as probation,
parole, the judiciary, law, social work, a correctional institution, a
delinquency preventive agency.

• Others: "He should not be an officer of a political party or

seek or hold elective office while a member of the board."

Extinction of Criminal Liability

The criminal liability of the person is extinguished into two

instances the partial and total extinction of the criminal liability of the
convicted felon.

Total Extinction of Criminal Liability

1. By marriage of the offended woman

Marriage of the offender with the offended woman after the

commission o any of the crimes of rape, Seduction, Abduction, or
Acts of Lasciviousness must be contracted by the offender in
good faith. The marriage contracted only to avoid criminal
liability is devoid or has no legal effects and that the criminal
liability of the offender is not extinguish.

2. By the death of the convict, as to the personal penalties; and as

to pecuniary penalties, liability thereof is extinguished only when
the death of the offender occurs before final judgment.

If the offender died before final judgment its pecuniary or civil

liabilities is extinguished. But, if the convict died after final
judgment the pecuniary penalties or civil liabilities is not
extinguished. If the offended party died it does not extinguished
the civil and criminal liability of the offender due to the reason
that the offense is committed against the state.

3. By service of sentence

Crime is a debt by the offender as a consequence of his wrongful

act and the penalty is the amount of his debt. When the payment
is made, the debt is extinguished. After the convict has served its
sentence its criminal liability is extinguished but does not include
the civil liability.

4. By amnesty, which completely extinguishes the penalty and all

its effects:

Amnesty defined. It is an act of the sovereign power granting

oblivion or a general pardon for a past offense. And is rarely, if
 ever, exercised in favor of a single individual and is exerted in
behalf of certain classes of persons; who are subject to trial but
have yet been convicted. However, amnesty maybe granted after
conviction. All its civil liabilities are being extinguished also.

5. By absolute Pardon

Absolute Pardon defined. It is an act grace proceeding from the

power entrusted with the execution of the laws, which exempts
the individual on whom it is bestowed from the punishment, the
law inflicts for the crime he has committed.

Pardon will only extinguished the punishment of crime upon

acceptance of the grantee. Once pardon is accepted by the
grantee the pardon already delivered cannot be revoked by the
authority, which granted pardon.

As practiced in the Philippines, there are two kinds of pardons,

namely, the absolute and conditional pardons.

Absolute Pardon - is one, which is given without any condition

attached to it. The purposes of this kind of pardon are:

1. To do away with the miscarriage of justice - Under the present

method of judicial procedure justice is not guaranteed. It is
possible to convict innocent person, as it is possible for
criminals to escape the hands of justice. When an innocent
convict has no more recourse through courts, the remedy is
absolute pardon. The power of the President to pardon
offenders on the grounds of innocence is rarely exercised
because the criminal procedures are liberal in granting a new
trial in the case of an offender has no more legal remedy will
pardon of this nature be given. If so exercised, absolute
pardon is granted after an exhaustive investigation is
conducted and upon recommendation of the Secretary of
Justice.

2. To keep punishment abreast with the current philosophy,

concept or practice of criminal justice administration - A
criminal act, because of changing scheme of social values,
may become non-criminal at a later date. Therefore, persons
serving imprisonment at the time of the repeal of the law
abolishing the crime may be extended absolute pardon. For
example, a person serving imprisonment for blackmarketing
of gasoline when this commodity was rationed may after the
repeal of the law on black-marketing be extended absolute
pardon.
 3. To restore full political and civil rights of persons who have
already served their sentence and have waited the prescribed
period. The greatest number of application for absolute
pardon come from ex-prisoners who desire to be restored their
political and civil rights. In the Philippines, the Office of the
President laid down the policy to grant absolute pardon to ex-
prisoners ten years from the date of their release from prison.
Recently the policy was relaxed, thereby shortening the
waiting period of five years. The waiting period is required to
give the offender an opportunity to demonstrate that he has
established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public
office or the right to suffrage, unless such rights are expressly restored
by the terms of pardon. A pardon does not exempt the offender from
the payment of civil indemnity imposed upon him by the sentence.
Absolute pardon totally extinguishes the criminal liability but not the
right of the offended party to enforce the civil liability against the
offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court

laid down the doctrine that the absolute pardon removes all that is left
of the consequences of conviction, and that it is absolute in so far it
restores the pardonee to full civil and political rights.

In another case, the supreme Court reiterated the doctrine laid

down on the Cristobal vs. Labrador case and elucidated further that “an
absolute pardon not only blots out the crime but removes all disabilities
resulting from the conviction; and that when granted after the term of
imprisonment has expired, absolute pardon removes all that is left of
the consequences of conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the

Chief Executive, while amnesty is a blanket pardon granted to a group
of prisoners, generally political prisoners. Pardon is exercised when the
person is already convicted while amnesty may be given before trial or
investigation is had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme

Court distinguished pardon from amnesty in that, “pardon is granted by
the Chief Executive and such it is a private act which must be placed
and proved by the person pardoned, because the courts take no notice
thereof; while amnesty is by proclamation with concurrence of
Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is
granted to classes of persons who may be guilty of political offenses,
generally before or after the institution of criminal prosecution and
sometimes after conviction. “

Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the

following:

1. Pardon cannot be extended to cases of impeachment. (Art VII,

Soc. 10, Par. 2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation
of any election law may be granted without favorable
recommendation of the Commission of Elections.
“(Art. X, Soc. 2, Par. 2 Constitution of the Philippines)”
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only

be given after final conviction. Cases pending trial or an appeal are still
within the exclusive jurisdiction of the courts hence, pursuant to the
theory of separation of powers, the Chief Executive has no jurisdiction
over the accused.

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:

1. By conditional Pardon

A conditional pardon delivered and accepted is considered a

contract between the sovereign power of the executive and the convict
that the former will release the latter upon compliance with the
condition.

2. By Commutation of Sentence

Commutation defined. Is an act of clemency by which an execute

act changes a heavier sentence to a less serious one or a longer term to
a shorter term.
It is a change of decision of the court, made by the Chief
Executive by reducing the degree of the penalty inflicted upon the
convict, or by decreasing the length of the imprisonment or the amount
of the fine.

Purpose of Commutation of Sentence

a. to break the rigidity of the law;

b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.
Instances where commutation is provided by law:

1. When the convict who is sentenced to death is over 70 years

of age;
2. When the justices of the Supreme Court fail to reach a
decision for the affirmation of the death penalty.

In either case, the degree of penalty is reduced from death to reclusion

perpetua. In commutation of sentence, consent of the offender is not
necessary. The public welfare not his consent determines what shall be
done.

3. By Good Conduct Time Allowance (RA 10592)

The conduct of any prisoner in any penal constitution shall entitle

him to the following deductions from the period of his sentence;

• First two years of imprisonment – twenty (20) days of

allowed deduction for each month of good behavior;
• Third of fifth year – twenty three (23) days allowed
deduction of each of good behavior;
• Sixth to the tenth year – twenty five (25) days allowed
deduction for each month of good behavior;
• Eleventh and success years – thirty (30) days allowed
deduction for each month of good behavior.

• At any time during the period of imprisonment, he shall

be allowed another deduction of fifteen days, in addition
to numbers one to four hereof, for each month of study,
teaching or mentoring service time rendered.

• Remember: An appeal by the accused shall not deprive

him of entitlement to the above allowances for good
conduct.

Special Time Allowance (RA 10592)

• Special time allowance for loyalty. – A deduction of one

fifth of the period of his sentence shall be granted to any
prisoner who, having evaded his preventive imprisonment
or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to
the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity
or catastrophe referred to in said article.

• A deduction of two-fifths of the period of his sentence

shall be granted in case said prisoner chose to stay in the
place of his confinement notwithstanding the existence of
 a calamity or catastrophe enumerated in Article 158 of this
Code.

• “This Article shall apply to any prisoner whether

undergoing preventive imprisonment or serving sentence.”

Authority to Grant

 Director of the Bureau of Corrections, the Chief of the

Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall
grant allowances for good conduct. Such allowances once
granted shall not be revoked.”

Conditional Pardon - Conditional Pardon serves the purpose of

releasing, through executive clemency, a prisoner who is already
reformed or rehabilitated but who cannot be paroled because the parole
law does not apply to him. Thus a prisoner serving a determinate
sentence or life imprisonment is excluded from the benefits of the
parole law. However, when this prisoner has already been reformed, he
may be released on conditional pardon.

Nature of Conditional Pardon

Conditional Pardon is in the nature of a contract, so that it

must first be accepted by the recipient before it takes effect. The
pardonee is under obligation to comply strictly with the conditions
imposed therein, otherwise, his non-compliance will result to the
revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of
the conditions of his pardon, he will be prosecuted criminally as a
pardon violator. Upon convictions, the accused will be sentenced to
serve an imprisonment of prison correctional. However, if the penalty
remitted by the granting of such pardon be higher than six years, the
pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)

How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the

prisoner, his family or relative, or upon the recommendation of the
prison authorities. The petition or request is processed by the Board of
Pardons and Parole. The Board shall determine if the prisoner has
served a sufficient portion of his sentence; his release is not inimical to
the interest of the community; and that there is a likelihood that the
offender will not become a public charge and will not recidivate in
crime. If all these factors are favorable, then the Board will endorse the
petition favorably to the President. If the case is premature, the
petitioner is so informed.
Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional

pardon, the following points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner
should be disregarded.
2. Due (but not undue) regard should be given the attitude of the
people in the community from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to
prison – social, economic, psychological and emotional
backgrounds – should be carefully investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the

release of a prisoner who is already reformed in order that he can
continue to serve his sentence outside of the institution, thus giving him
the opportunity to gradually assume the responsibilities of a free man.
Both releases are subject to the same set of conditions will subject the
parolee or pardonee to be recommitted to prison. The only difference
between the two is the granting authority. In parole the granting
authority is the Board of Pardons and Parole, while in conditional
pardon, the granting authority is the President.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or

conditions as the parolee. Among the conditions usually imposed on
pardonees and parolees are the following:
1. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining
the consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction
temporarily, he needs not get the permission of the Board,
although he may so inform his parole officer (Municipal Judge) of
his where about.
3. That he shall report to the Municipal Judge (of the town where he
will reside) or to such officer as may be designated by the
Executive Officer of the Board of Pardons and Parole during the
first year once a month and, thereafter, once every two months
or as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and
shall avoid places or persons of disreputable or harmful
character.
5. That he shall permit the Provincial Commander, Philippine
Constabulary or any officer designated by the Executive Officer of
the Board to visit him at reasonable times at his place of abode
 or elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in
an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of
the Department of Justice in payment of the indemnity imposed
upon him.
8. That he shall comply with such orders as the Board or its
Executive Officer may from time to time make.

Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant

pardon is very broad and exclusive. It is not subject to review by the
courts. Neither does congress have the right to establish conditions nor
provide procedure for the exercise of pardon. Under these
circumstances, it is therefore possible that unscrupulous Chief Executive
can abuse his power. In fact, nearly every presidential election the
alleged abuse of the pardoning power has come up as campaign issue
against the incumbent President. The truth of the charge has never
been investigated, but the fact that the alleged anomaly is aired
publicly is an indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the

pardoning power. First is the constitutional provision that the President
may be impeached for a willful violation of the Constitution. This is
enough deterrent for the Chief Executive to abuse this power. Second, is
the policy of the Office of the Chief Executive, ever since the time of the
American Governors General, to approve pardon cases, which are
favorably recommended by the Board of Pardons and Parole. Although
this policy does not wholly bind the President, seldom, if ever, has it
been disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors.
It is possible for an innocent to get convicted, as it is possible for a
criminal to escape the hands of justice. An innocent man may not be
able to present evidence to prove his innocence, or may not have the
money to hire a good counsel. Many of our penal laws are outmoded
and are no longer kept abreast with current trends of criminal justice
administration. Judges are limited by laws to the use of discretion they
may exercise in any given case. Under any of the above circumstances,
an injustice may result, which can only be remedied by the exercise of
pardon.

Ideally, all releases should be by parole. Society can only be

sufficiently protected against the ex-prisoner if the latter is released
through parole or conditional pardon. Unfortunately, not all sentences
are indeterminate so that some prisoners are deprived of the privilege
of parole. Therefore, pardon is necessary for the prisoners who do not
fall under the parole law.

OTHER FORMS OF EXECUTIVE CLEMENCY

Amnesty is a general pardon extended to groups of persons and is

generally exercised by executive clemency with the concurrence of
Congress. Usually, the recipients of amnesty are political offenders,
although there are some exceptions. For example, President Truman
issued two proclamation granting amnesty to unnamed persons, one at
the end of World War II in 1945 and another at the end of the Korean
Conflict in 1952. In these cases, the persons have been convicted of
crimes against the United States but were pardoned by terms of
proclamation for having served in the armed forces for at least a year
during the conflicts. Those who did so received pardons without having
to apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47

O.G. 6168, stated that the “purpose of amnesty is to bring about the
return of dissidents and recalcitrant elements of our population to their
homes and the resumption by them of their lawful pursuits, or
occupations, as loyal and law-abiding citizens, to accelerate the
rehabilitation of the wardevastated country, restore peace and order,
and secure the welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the
offense itself. It so overlooks and obliterates the offense with which he is
charged that the person released by amnesty stands before the law as
though he had committed no offense.

Amnesty is extended to convict as well as persons who have not

yet been tried by the court. Some of the proclamations of amnesty are
as follows:

1. Proclamation No. 51 – This proclamation was issued by

the late President Manuel Roxas on January 28, 1948, granting
amnesty to those who collaborated with the enemy during
World War II.

2. Proclamation No. 76 – This was issued by President

Elpidio Quirino on
June 21, 1948, extending amnesty to leaders of the
Hukbolahap and Pambansang Kaisahan ng mga Magbubukid
(PKM). The amnesty applied to crimes of rebellion, sedition,
illegal association, assault, resistance and disobedience to
persons in authority and illegal possession of firearm.
 3. Proclamation No. 51 – was issued in order to attain the
following objectives: To pardon those commited crimes
against the security of the State who have changed their
hostile attitude towards the government and have voluntarily
surrendered with their arms and ammunitions. To get the
dissidents back into the fold of law-abiding citizens. To gather
the loose firearms.

Commutation is an act of clemency by which an executive act changes

a heavier sentence to a less serious one or a long term to a shorter
term. It may alter death or life sentence to a term of years.
Commutation does not forgive the offender but merely reduces the
penalty of life sentence for a term of years.

Purposes of Commutation

Some of the common uses of commutations are the following:

2. To break the rigidity of the law - Some penal laws are rigid and
unusually cruel. For example, a law making qualified theft, the
stealing of young coconuts from trees, or fish from the fishpond,
or sugar cane from the sugar cane field. Qualified theft imposes
an unusually heavy penalty on the culprit, which is greatly
misappropriated to the value of article stolen. Even if the judge
would want to impose a light penalty, he could not do so because
his hands are tied by the provision of the law. The sentence in
this case may be reduced by commutations of sentence.

3. To extend parole in cases where the parole law does not apply -
Commutation enables the recipient to be released on parole
when his sentence does not allow him parole, like, for example,
when the sentence is determinate or life sentence, or when the
prisoner is serving two or more sentences. The sentence may be
changed to an indeterminate sentence by commutation to enable
the recipient to receive parole after serving the minimum of the
sentence.

4. To save the life of a person sentenced to death - This is one of the

most common uses of commutation of sentence. In the
Philippines, 95% of death penalty cases are commuted to life
imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme

Court, the condemned man or the head of the prison system (Director of
Prisons) may file a petition for commutation. The prisoner is subjected
to a social, psychological and psychiatric examination by the Staff of the
Reception Center. The inquiry will include the sociological history of the
prisoner, his criminal history, mental psychological capacities, work
history, etc., the purpose of which is to determine the degree of
involvement in crime the prisoner is in, and to determine if he deserves
to be given a new lease in life. The petition is then forwarded to the
Board of Pardons and Parole, together with the reports of examinations
of the reception and Diagnostic Center and the recommendation of the
Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will
deliberate on a recommendation after a careful study of the papers,
including the reports of the Reception and Diagnostic Center. It will
them forward the petition, including its recommendation to the
President. The President will then act on the petition. In giving or
denying commutation, the President may not follow the
recommendation of the Board of Pardons and Parole.

Reprieve is a temporary stay of the execution of the sentence. Like

pardon, the President can only exercise reprieve when the sentence has
become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several
days to enable the Chief Executive to study the petition of the
condemned man for commutation of sentence or pardon.

Conditional release is the statutory shortening of the maximum

sentence the prisoners serves because of good behavior while in prison.
This is called “good conduct-time “and is given by the law as motivation
for good behavior while serving sentence in prison. Article 97, Revised
Penal Code, provides good conduct time allowance to all sentences
under the following schedules:

“Good Conduct time allowance is automatically applied to reduce

the sentence but may be taken away from the prisoner if he fails to
obey the rules and regulations of the prison. However, good conduct
time allowance may be remitted as a reward for exceptional services
the prisoner may render to the prison administration, or after the lapse
of some time when the prisoner has sufficiently demonstrated that he
has reformed.

“If the prisoner does not forfeit his statutory good conduct time
allowance through misbehavior, he is released at time earned. He is
released under supervision as if on parole and subjected to all parole
condition which, if violated, will result in the issuance of a warrant,
revocation of his release, and the requirement that he return to prison
to serve the maximum term.”

This form of conditional release is used in Federal, Kentucky,

Kansas, North Carolina and Wisconsin correctional institutions. The
release of the prisoner is mandatory when the accumulated time
deducted from the sentence for good behavior and work credits makes
it mandatory to release the prisoner. The Board of Parole does not
participate in the selection process. This form of release does, however,
enable the parole staff to provide supervision for a period of time by
which his release has been advanced for good behavior as though the
offender was on parole. The released prisoners are subject to the
regulation and control of parole.

In the Philippines, the prisoner who is released from prison after

serving his sentence less the good conduct time allowance, is released
without any condition and is considered to have served his sentence in
full.

Act No. 2489, otherwise known as the Industrial Good Time Law,
provides that when a prisoner has been classified as trusty or penal
colonists, he is given an additional 5 days time allowance for every
month of service. A prisoner serving life sentence has his sentence
automatically reduced to 30 years of imprisonment upon attaining the
classification of trusty or penal colonists.

CHAPTER 5

Treatment Programs and Rehabilitation of the Different

Confinement Facilities

1. BJMP Programs

A. Major Programs

There are four (4) major programs under the mandate of BJMP and they
are the following:

1. Inmates’ custody, security and control

program.
2. Inmates’ welfare and development program.
3. Decongestion program.
4. Good governance.

B. Core Programs

a. Provisions of Basic Needs

All PDL under custody are provided with three (3) meals (breakfast,
lunch and supper). Adequate supply of potable water is made available
to them at all times. Likewise, upon admission, each PDL is issued his or
her PDL uniform consisting of the yellow shirt and brown jogging pants.
Hygiene kits are also distributed to the PDL on monthly or quarterly
basis. Occasionally, the provision of basic needs for the PDL is
supplemented by the food and nonfood donations from local
government units, non-government organizations, business sector and
private individuals.

b. Health Services

Health services for PDL consist of interventions towards the prevention,

promotion, treatment of illnesses and rehabilitation. All PDL undergo
medical assessment upon admission. During confinement, PDL are
provided with health education and counseling, medical consultations,
regular health monitoring, and provided medicines subject to
availability. To maintain the physical health of PDL, they are allowed
daily sunning and physical exercises.

c. Educational Program

The educational program aims to provide opportunities for PDL to

achieve mandatory education. For this reason, BJMP adopted the
Alternative Learning System (ALS) of the Department of Education for
the PDL to earn their elementary and high school diplomas. Teachers in
the jail-based ALS are BJMP Personnel who are professional teachers and
trained on the Instructional Method for ALS. In jails where there are no
personnel trained to handle ALS classes, the ALS teachers would be
coming from the Department of Education. All PDL enrolled in the ALS
earn their respective Time Allowance for Teaching, Studying and
Mentoring (TASTM) pursuant to RA 10592.

d. Skills Training/ Enhancement Program

The objective of the skills training program is to equip the PDL with
technical/vocational skills which they can use in seeking employment or
starting their own business after release from confinement. To make
the PDL as competitive as other potential job seekers, the skills
trainings preferred are those accredited by the Technical Education and
Skills Development Authority (TESDA) so that the PDL will be able to
earn National Certifications. Thus, only the PDL who meet the eligibility
requirements of the specific skills training program being offered can
participate.

e. Livelihood Program

The livelihood program presents income-generating activities to PDL

during their confinement where they are able to earn for their personal
upkeep and for financial support to their families. The capital for the
livelihood project are either from BJMP for BJMP-funded projects or from
the common fund of a group of PDL for non-BJMP funded projects.
Examples of continuing and most popular livelihood projects of PDL are
bags and purses, bonsai made of beads, pastries, rugs, paper crafts,
and wood crafts. To help the PDL earn from these livelihood projects,
the jail unit Welfare and Development Officer (UWDO) facilitates the
sale of the products in display centers or livelihood caravans organized
by the local government units and other service providers. In addition,
online or e-marketing of PDL products is also run by the jail unit Welfare
and Development Office.

f. Behavioral Management/ Modification Program

BJMP implements the Therapeutic Community Modality Program (TCMP)

to manage and modify behaviors of PDL with the goal of positively
changing their thinking and behavior through structured group
processes. The program endeavors to teach and model positive
thinking, prosocial values, good decision-making, and positive coping.
Through the program, PDL are trained on socially acceptable ways of
behaving and relating with their fellow PDL and with personnel and
visitors thereby fostering a therapeutic jail environment and
maintaining a peaceful communal atmosphere.

g. Interfaith Program

PDL are provided with the opportunity to practice their faith while under
custody without discrimination, subject only to usual safety and security
measures. The BJMP chaplains and imams provide different religious
services such as but not limited to mass celebrations, communal
prayers, spiritual counseling, catechism, and others. Religious
organizations and their respective ministers/pastors and leaders are
accredited by BJMP to facilitate their regular contact with PDL for the
provision of religious services.

h. Cultural and Sports Program

The cultural program aims to promote camaraderie among PDL,

encourage the development of self-confidence and sharing of cultural
talents as form of positive entertainment. Cultural activities allowed in
jails include dance, singing, theatre/drama, and art workshops. Also,
through this program, PDL experience some sense of social normalcy
through the communal celebrations of socio-cultural events like
birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent
and Easter, Ramadan, local festivals and other similar activities.

i. Paralegal Program

The main objective of the Paralegal Program is to address the

overcrowding in jail facilities. Through the paralegal program, PDL are
assisted in availing of the different early modes of release. Regional
and jail paralegal officers conduct continuous informative
seminars/orientations to PDL on their rights, modes of early release, and
other paralegal/legal remedies which can be availed of by them. Other
paralegal services include paralegal counseling and case follow-up in
the courts by the jail paralegal officers.

j. E-Dalaw

The E-DALAW service is an alternative to the traditional face-to-face

visitation between PDL and respective families. This service enables
the PDL to connect with his/her family through a supervised video call
and chat. The program is conceptualized specifically to cater to PDL
whose family members cannot go to the jail for actual visit because of
the long distance to the jail from the residence or workplace of the
family members. However, in case of jail lockdown by reason of public
health emergency where visitation is suspended, all PDL are allowed to
use the e-dalaw to communicate with their families on equitable
rotation basis.

C. Support Services

a. Human Rights Desks

Every jail facility operates a 24-hour Human Rights Desk handled by a

designated Human Rights Affairs Officer. The main function of the
Human Rights Desk is to receive complaints concerning human rights
violations from PDL and visitors and to report the complaints thru the
appropriate reporting system to the concerned BJMP offices and to the
Commission on Human Rights for investigation and appropriate action.

b. Help Desk

In line with the government’s policy of providing timely and speedy

access to government services, each jail facility has established its own
Help Desk managed by a designated Held Desk Officer. The Help Desk
functions as a referral unit where PDL and visitors can lodge their
request for assistance concerning personal or family needs. These
requests are evaluated by the Help Desk Officer and all requests for
assistance that cannot be addressed by the jail are referred to the
concerned government agencies for appropriate action.

c. Refferals for Aftercare

Although BJMP recognizes the importance of aftercare program for PDL

to be released for them to start a new, it is limited only to providing
welfare and developmental programs to PDL while they are in custody.
Nevertheless, to ensure continuity of care of PDL upon release, the jail
unit Welfare and Development Officer facilitate referrals to different
community resources. These referrals addressed to the local
government units, non-government organizations and the business
sector usually include but not limited to seeking immediate financial
assistance for PDL’s repatriation, employment/livelihood assistance,
educational/vocational training scholarships, medical and psychological
interventions. D. Special Program for Vulnerable Groups

a. Services for Pregnant PDL

Pregnant PDL, by reason of their medical condition, are given special

attention by the jail nurses to ensure compliance to pre-natal and post-
natal care, timely provision of other pregnancy-related needs, and
assistance for the care of the newborn until the latter is endorsed to the
immediate family or accredited child-caring agency.

b. Services for Senior Citizen PDL and PDL with Disabilities

In addition to implementing measures to protect the senior citizen PDL

and PDL with disabilities from discrimination and establishing functional
priority lanes for them, the primary policy is to link them to the local
Office of Senior Citizen Affairs Office (OSCA) and Person with Disability
Affairs Office (PDAO) for the acquisition of their respective Identification
Cards. The respective identification cards issued by the local
government unit are the PDL’s access key to the different services for
senior citizens and persons with disabilities mandated by the Senior
Citizen’s Act and Magna Carta for Persons with Disabilities.

c. Services for PDL with other Special Needs

PDL who are members of the LGBT community maybe segregated from
the general population in terms of housing to prevent potential
mistreatments towards them by reason of their gender expression and
other vulnerabilities. Nevertheless, they receive the same programs and
services provided to the general population and they are encouraged to
participate fully in the sociocultural activities of the jail.

d. Mental Health Services

In general, preventive mental health aimed at reducing incidence of

mental health disorders and developing positive coping mechanisms are
provided to all PDL. Preventive mental health interventions include
informative seminars on stress management, psycho-educational
counseling and other supportive psychological group activities.
Likewise, psycho-social support services or stress debriefing to address
trauma are facilitated for PDL after the occurrence of untoward jail
incidents or in the aftermath of devastating calamities directly affecting
the PDL.

e. Drug Counseling for PDL with Substance use Disorder

PDL with substance use disorder or have history of illegal drug use and
who were granted plea bargaining under A.M. No. 18-03-16 SC, are
provided with drug counseling using the Katatagan Kontra Droga sa
Komunidad (KKDK) approach. The KKDK is a psycho-educational drug
counseling program developed consisting of twenty-four (24) modules:
eighteen (18) modules to be completed by the PDL in a small group
setting with fellow PDL and six (6) family modules to be participated by
the PDL’s family. The drug counseling runs for maximum duration of
four (4) months.

2. BUCOR Reformation Programs

A. Work and Livelihood

The Bureau offers a variety of inmate work programs, from

agricultural to industrial. The purpose of the inmate work program is to
keep the inmates busy, and to provide them money for their personal
expenses and their families as well as help them acquire livelihood
skills, in order that they may become productive citizens once they are
released and assimilated back into the mainstream of society.

Different prison and penal farms provide institutional work programs

for inmates. At the
Davao Penal Colony, inmates work on the banana plantations of Tagum
Development Company (TADECO) which has a joint venture agreement
with the Bureau. Similarly, the vast tracts of land at the Iwahig Penal
Colony are developed and tilled by inmates to produce various
agricultural products, thereby generating income for the Bureau. The
Sablayan Prison and Penal farm also provides agriculture and
aquaculture programs for inmates.

Along this end, the Bureau under the present Director has
encouraged agricultural and industrial production by providing farming
implements, tractors, fertilizers and other inputs in order to sustain this
area of rehabilitation for inmates.

B. Healthcare Services

Upon his initial commitment to the Reception and Diagnostic Center

(RDC), the inmate’s medical history is recorded and properly
documented by the Medical Specialist. Medical information and mental
status examinations are given to ascertain his overall physical / mental
fitness and whether he would be fit for work. This forms part of the
diagnostic process which will eventually determine the most
appropriate rehabilitation program for the inmate.
The principal medical care of inmates is provided through a 500-bed
capacity hospital at the New Bilibid Prisons and at six (6) other mini-
hospitals or clinics in the six (6) other prison and penal farms. All
correctional facilities have a full and competent staff of medical
practitioners in charge of clinics, infirmaries and hospitals. These
centers are capable of minor surgical operations, laboratory
examinations, radiology, psychiatric, rehabilitation and dental
treatment.

Other government and private hospitals are also tapped in the

implementation of standards pertaining to nutrition and protective
health services for the prison community. Medical services also include
a wide range of counseling techniques and therapy programs which
address the psychological problems of inmates, including suicidal
thoughts and feelings of rejection which may lead to disruption of peace
and order within the prison compounds. When an inmate’s ailment is
beyond the competence of the in-house medical doctors, the inmate is
referred to a government hospital in accordance with prison rules and
under proper security escorts.

C. Education and Skills Training

Rehabilitation can be facilitated by improving an inmate’s academic

and job skills. Records show that many prisoners are poorly educated. A
majority are elementary school drop outs or have not even finished
primary school. Prison education amounts to remedial schooling
designed to prepare inmates to obtain basic skills in reading, writing
and mathematics.

In most correctional facilities, vocational programs are incorporated

into job assignments and serve as on-the-job training. The goal is to
provide inmates with skills that will improve their eligibility for jobs
upon release. Most prison vocational training is geared toward
traditional blue-collar employment in areas such as electronics, auto
mechanics and handicrafts. At the Reception and Diagnostic Center, a
basic computer literacy course with typing as a support course is
available for inmates who have finished at least high school level.

Vocational training and social education focus on job readiness. The

concern in these areas is life skills. If inmates are to reenter society and
abstain from criminal activity, they must be employable and have the
basic tools necessary to function as responsible citizens.

The National Penitentiary has a college degree program and a

tertiary degree correspondence course, in addition to the regular
secondary and compulsory basic literacy classes. Prisoners are strongly
encouraged by the BuCor authorities to enroll while serving their
sentence and to advance their academic skills.

D. Sports and Recreation

The inmates enjoy sunrise by participating in daily calisthenics. There

are various indoor and outdoor sports activities, programs, tournaments
and leagues all year round, to include basketball, volleyball, billiards,
table tennis and chess. These sports competitions promote camaraderie
among inmates, good sportsmanship and team-building. The latest
addition is the newly constructed indoor sports center/gymnasium at
the Maximum-Security Compound which boasts of competition-standard
flooring, sound system, locker rooms and bleachers.

All prison and penal farms have adequate recreational facilities for
inmates, both for outdoor and indoor sports. Mini-bodybuilding gyms
are available in most prison facilities, including the Muntinlupa Juvenile
Training Center and the Therapeutic Community Center for inmates with
drug cases.

For music lovers and musically-inclined inmates, numerous

"videoke" centers are available. Musical instruments are available for
practice or for use in variety shows..

E. Moral and Spiritual Program

Inmates enjoy freedom of religion. All inmates are free to observe

the rituals of their faith, with orderly conduct supervised by prison
authorities. A religious guidance adviser or chaplain is assigned in every
prison and penal farm. The prison chaplain sets the stage for every
regular spiritual activity. He is an officer of the institution who oversees
the operation of the prison chapel. He is not only the spiritual leader but
also a counselor and adviser. Prisoners may be baptized or given other
sacraments. Religious Volunteer Officers, or RVOs belonging to different
church groups provide weekly religious activities ranging from bible
studies, devotions, prayer meetings or praise and worship. With a
predominantly Roman Catholic prison population, a Catholic Mass is a
regular feature in spiritual activities of the prison communities.
Restrictions, however, are imposed if, in the course of religious
activities, security is compromised or a program is too expensive.

F. Therapeutic Community

The Therapeutic Community (TC) Program represents an effective,

highly structured environment with defined boundaries, both moral and
ethical. The primary goal is to foster personal growth. This is
accomplished by re-shaping an individual’s behavior and attitudes
through the inmates? community working together to help themselves
and each other, restoring self-confidence, and preparing them for their
re-integration into their families and friends as productive members of
the community.

Patterned after Daytop TC, New York which is the base of the
Therapeutic Community movement in the world, the BuCor TC program
was adopted as part of the Bureau's holistic approach towards inmate
rehabilitation. It is implemented primarily but not limited to drug
dependents.
 The TC approach has been continuously proven worldwide as an
effective treatment and rehabilitation modality among drug
dependents, and have been noted to be effective in many prisons. By
immersing a drug offender in the TC environment, he learns why he had
developed his destructive habits, which led him to substance abuse.
The program modifies negative behavior and or attitudes while
restoring self confidence, and prepares inmates for their reintegration
into their families and friends as productive members of the community.
This behavioral modification program gradually re-shapes or re-
structures the inmate within a family-like environment, wherein every
member acts as his brother’s keeper.

As TC family members go on with their daily activities, a strong

sense of responsibility and concern for each other’s welfare are
developed. They are constantly being monitored for their progress and
are regularly being evaluated by the TC-trained staff. The TC process
allows for genuine introspection, cultivation of self-worth and positive
rationalization that move the individual towards assuming a greater
sense of personal and moral responsibility.

The efforts of the Bureau of Corrections to rehabilitate Drug

dependents under its care using the TC approach is in line with its
commitment to create a Drug-Free Prison. Worldwide developments in
the treatment and rehabilitation of drug offenders using this therapeutic
community approach have been noted to be effective in many prisons.

CHAPTER 6
Introduction to
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:
• 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
• Interdependent and indivisible. Whatever happens to
even one right – fulfillment or violation – can directly affect the
others
• 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.
• 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. Laws in 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.

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 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.

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.

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.
(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 wellbeing 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.

(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.

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.
[Link] 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. 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

CHAPTER 7
Government Programs for the Welfare of the
Victims
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 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?
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 nongovernment
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 rapevictims;
(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 whenevernecessary 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.
 • 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.
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?
• 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?
The child victim
1. The parent or legal guardian of the victim
2. The grandparent, or relative of the child victim up to a first cousin
3. The Barangay Chairman
4. 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)
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 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.
CHAPTER 8
Therapeutic Modalities

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. 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."
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
selfhelp 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.
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 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 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.
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.
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 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, 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, drugfree and law abiding
person.

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,
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.

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 smallscale
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.