THERAPEUTIC

MODALITIES
 MODULE 1

LAW ON HUMAN RIGHTS

LEARNING OBJECTIVE

At the end of the module 1 the students will be able to:

 Gain some knowledge about the general nature and definition of
human rights
 Acquaint on the sources and foundations of human rights law.
 Understand the meaning and the concept of civil and political rights.
HUMAN RIGHT

• Those rights, which are inherent in our nature and without which, we
cannot live as human being. It allows us to develop and use our human
qualities, intelligence, talents and conscience and to satisfy our
spiritual, and other needs. Supreme, inherent and inalienable rights to
life, dignity and self-development. The essence of these rights makes
man human.
BASIC CHARACTERISTICS OF HUMAN RIGHTS

• 1. Inherent- not granted by any person or authority.

• 2. Fundamental- without them, the life and dignity of man will be
meaningless.
• 3. Inalienable- cannot be rightful taken away from a free individuals.
Cannot be given or be forfeited.
• 4. Imprescriptible- Human Rights do not prescribe and cannot be lost
even if a man fails to use or assert them, even by a long passage of
time.
• 5. Indivisible- Human Rights are not capable of being divided. They
cannot be denied even when other rights have already been enjoyed.
• 6. Universal- They are inherent in all individuals irrespective of their
caste, creed, religion, sex, and nationality. Human rights are
enforceable without a national border.
• 7. Interdependent- The fulfilment of one right often depends, wholly or
in part, upon the fulfilment of others.
HUMAN RIGHTS PRINCIPLES

• The dignity of man and human life is inviolable. From the dignity of
man is derived the right of every person to free development of his
personality. A legitimate state should exist to assure that in the
discharge of the government functions, the dignity that is the birth
right every human being is duly safeguard.
CLASSIFICATION OF RIGHTS

• 1. Natural Rights- God-given rights, acknowledged by everybody to be

morally good. Unwritten, but prevails as norms of the society.
• 2. Constitutional Right- Conferred and protected by the constitution and
which cannot modify or taken away by the law-making body.
• 3. Statutory Rights- Those rights which are provided by law
promulgated by the law-making body. May be abolished by the body
that created them.
STAGES OF HUMAN RIGHTS

• 1. Idealization – notions about human rights have started in the

realm of ideas that reflect a consciousness against oppression,
dehumanization or inadequate performance by the State.
• 2. Positivization – support for the ideas became strong and
the stage is set to incorporate them into some legal
instruments.
• 3. Realization – rights are enjoyed by the citizens of the State by
the transformation of the social, economic, and political order
3 OBLIGATIONS OF STATE PARTIES:

1. Obligation to respect
2. Obligation to ensure
3. Obligation to protect
OBLIGATION TO RESPECT

• Article 2(1) of the ICCPR contain this obligation.

• Indicates that the negative character of civil and political rights,
commanding the State to refrain from restricting the exercise of these
rights is not express allowed.
OBLIGATION TO ENSURE

• Article 2(1) of the ICCPR also encompasses this obligation, that State
parties must be proactive to enable individuals to enjoy their rights.
• Article 2(2) of the ICCPR points out that to provide for an effective
remedy to victim of human right, it must adopt executive, judicial and
legislative measure.
OBLIGATION TO PROTECT

• To prevent private individuals, groups, or entities from interfering with

the individual’s civil and political rights.
SOURCES AND FOUNDATION OF HUMAN
RIGHTS LAW
The 1987 Constitution- The Constitution itself is a source and not only the
Bill of Rights.
• The 1987 Constitution is the basic source of human rights law in the
Philippines.
• As early as Biak na Bato, our forefathers are conscious about the rights
of human beings.
• A novel feature of the 1987 Constitution is the independent
constitutional office of the Commission which investigate on the human
rights violations and establishes programs of education and information
to enhance respect for the primacy of human rights.
• The Constitution is sometimes called as “ Human Rights Constitution”.
INTERNATIONAL BILL OF RIGHTS

• U Thant, former Secretary General of the UN called the three

documents and the optional protocol to the covenant of civil and
political rights as “Magna Carta for mankind” and is the “ the essential
prerequisite for peace at home and in the world.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
(UDHR)
• The Commission of Human Rights of the United Nations drafted the UDHR, while the
United Nations passed it.
• The chairwoman was former first lady Eleanor Roosevelt.
• The declaration was adopted by 48 votes in favor, none against and eight
abstentions.
• Carlos Romulo was also there during the drafting of the CHR of the UN.
• The Preamble of the UDHR refer to the concepts of inherent human dignity and one
inalienable nature of human rights. It is also called for inter-cultural consensus by
indication that a common understanding of the rights and freedoms is to achieve
promotion of universal
INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS (ICCPR)
• Adopted unanimously by 106 State and entered into force in 1976.
CIVIL AND POLITICAL RIGHTS

• The Bill of Rights is a regular fixture in all Philippines Constitutions, except in

the Biak na Bato Constitution of 1897.
• 1935 Constitution, 1973 Constitution, 1986 Freedom Constitution- Bill of Rights
• 1943 Constitution- Duties and Right of the Citizens.
• 1899 Malolos Constitution- the Filipinos and their National and Individual
Rights.
Bill of Rights- an enumeration of civil and political rights that are self-executing. It
also serves as a restriction upon the power of the State in order to preserve
constitutional harmony and stability.
FATHER JOAQUIN BERNAS, SJ

• The Bill of Right is to declare some forbidden zone in the private sphere
inaccessible to any power holder.
THE PROVISION IN THE BILL OF RIGHT CAN BE
CLASSIFIED INTO FOUR TYPES
1. The completely new provision
 Section 12(4), 18(1), 19(2)

2. The old provision that contain amendment by addition.

 Section 4,6,7,11,12(1),12(2),12(3),13,19(1)

3. The old provision where words and phrases were amended by

deletion.
 Section 2, 15

4. The old provision that remained intact.

 Section 1, 3(1), 5,9,10,20,21,2
COMPREHENSIVE AGREEMENT OF RESPECT FOR HUMAN RIGHTS AND
INTERNATIONAL HUMANITARIAN LAW

• This is the fruit of the negotiation of the government and the rebels.

 The first substantive agreement signed by the Negotiating Panels of the government of the
Philippines in the Hague, Netherlands.
 This comprehensive agreement consists of seven parts

 The preamble

 Declaration of principle

 Bases, scope, and applicability

 Respect for human rights

 Respect for international humanitarian law

 Joint monitoring committee

 Final provision
RIGHTS OF A PERSON UNDER CUSTODIAL
INVESTIGATION
• Sec. 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.
• (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.
CUSTODIAL INVESTIGATION

• is any questioning by law enforcement after a person has been taken

into custody or otherwise deprived of his freedom of action in any
significant way. It refers to the investigation conducted by law
enforcement immediately after arrest for the commission of an offense.
It begins when a person has been arrested and brought to the custody
of law enforcers in which suspicion is focused on him in particular and
questions are asked from him (the suspect) to elicit admissions or
information on the commission of an offense.
WHAT IS THE MIRANDA DOCTRINE?

• The Miranda Doctrine means that prior to questioning during custodial

investigation, the person must be warned that he has the right to
remain silent, that any statement he gives may be used as evidence
against him, and that he has the right to the presence of an attorney,
either retained or appointed.
• The name comes from the the U.S. case, Miranda vs. Arizona, 16 L. Ed
2d 694, in which the US Supreme Court laid down the principle of
custodial rights of an accused. It held, thus:
• “Our holding will be spelled out with some specificity in the pages which follow, but, briefly
stated, it is this: the prosecution may not use statements, whether exculpatory or
inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates
the use of procedural safeguards effective to secure the privilege against self-incrimination.
By custodial investigation, we mean questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his freedom of action in any
significant way. As for the procedural safeguards to be employed, unless other fully effective
means are devised to inform accused persons of their right of silence and to assure a
continuous opportunity to exercise it, the following measures are required: Prior to any
questioning, the person must be warned that he has the right to remain silent, that any
statement he does make may be used as evidence against him, and that he has a right to the
presence of an attorney, either retained or appointed.
• The defendant may waive effectuation of these rights, provided the
waiver is made voluntarily, knowingly and intelligently. If, however, he
indicates in any manner and at any stage of the process that he wishes
to consult with an attorney before speaking, there can be no
questioning. Likewise, if the individual is alone and indicates in any
manner that he does not wish to be interrogated, the police may not
question him. The mere fact that he may have answered some
questions or volunteered some statements on his own does not deprive
him of the right to refrain from answering any further inquiries until he
has consulted with an attorney and thereafter consents to be
questioned.”
WHAT ARE THE RIGHTS OF A PERSON DURING
CUSTODIAL INVESTIGATION?
1. The right to be informed of his rights
2. The right to remain silent and to be reminded that anything he says can and
will be used against him
3. The right to an attorney or to counsel, preferably of his own choice; if not,
one will be provided for him
4. Right against torture, force, violence, threat, intimidation or any other
means which vitiate the free will of the person.
5. Right against secret detention places, solitary, incommunicado, or other
similar forms of detention
REPUBLIC ACT NO. 7438

• An act defining certain rights of person arrested, detained or under

custodial investigation as well as the duties of the arresting, detaining
and investigating officers, and providing penalties for violations thereof
• Approved: April 27, 1992
SECTION 1. STATEMENT OF POLICY.

• It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.
SECTION 2. RIGHTS OF PERSONS ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION; DUTIES OF PUBLIC OFFICERS.

• (a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
• (b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.lawphi1Ÿ
• (c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
• (d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
• (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
• (f) Any person arrested or detained or under custodial investigation shall be allowed visits by
or conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non-governmental organization duly accredited by the Commission on
Human Rights of by any international non-governmental organization duly accredited by the
Office of the President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew
or niece, and guardian or ward.
• As used in this Act, "custodial investigation" shall include the practice
of issuing an "invitation" to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice
to the liability of the "inviting" officer for any violation of law.
• Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except
those directly affected by the case, those charged with conducting
preliminary investigation or those charged with the prosecution of
crimes.
• The assisting counsel other than the government lawyers shall be
entitled to the following fees;
• (a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;lawphi1©alf

• (b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;

• (c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.

• The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal or City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.

• In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with the
provisions of Article 125 of the Revised Penal Code.
SECTION 4. PENALTY CLAUSE.

• (a) Any arresting public officer or employee, or any investigating

officer, who fails to inform any person arrested, detained or under
custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall
suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten
(10) years, or both. The penalty of perpetual absolute disqualification
shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.
• The same penalties shall be imposed upon a public officer or employee,
or anyone acting upon orders of such investigating officer or in his
place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his
own counsel.
• b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, or
from examining and treating him, or from ministering to his spiritual needs, at any hour
of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of
not less than four (4) years nor more than six (6) years, and a fine of four thousand
pesos (P4,000.00).lawphi1
• The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures
as may be necessary to secure his safety and prevent his escape.
UNITED NATIONS STANDARD MINIMUM RULES
FOR THE TREATMENT OF PRISONERS
• known as the "Nelson Mandela Rules" in order to honour the legacy of
the late President of South Africa, who spent 27 years in prison in the
course of his struggle referred to above.
RULES OF GENERAL APPLICATION

• 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.
• Rule 2 1. The present rules shall be applied impartially. There shall be
no discrimination on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or any other status. The religious beliefs and moral precepts of
prisoners shall be respected
• 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.
• 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.
• 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.
PRISONER FILE MANAGEMENT

• Rule 6 There shall be a standardized prisoner file management system

in every place where persons are imprisoned. Such a system may be
an electronic database of records or a registration book with numbered
and signed pages. Procedures shall be in place to ensure a secure audit
trail and to prevent unauthorized access to or modification of any
information contained in the system.
• Rule 7 No person shall be received in a prison without a valid
commitment order.
• Rule 8 The following information shall be entered in the prisoner file
management system in the course of imprisonment
• Rule 9 All records referred to in rules 7 and 8 shall be kept confidential
and made available only to those whose professional responsibilities
require access to such records. Every prisoner shall be granted access
to the records pertaining to him or her, subject to redactions authorized
under domestic legislation, and shall be entitled to receive an official
copy of such records upon his or her release.
• Rule 10 Prisoner file management systems shall also be used to
generate reliable data about trends relating to and characteristics of
the prison population, including occupancy rates, in order to create a
basis for evidence-based decision-making
SEPARATION OF CATEGORIES

• Rule 11 The different categories of prisoners shall be kept in separate

institutions or parts of institutions, taking account of their sex, age,
criminal record, the legal reason for their detention and the necessities
of their treatment
ACCOMMODATION

• Rule 12 1. Where sleeping accommodation is in individual cells or

rooms, each prisoner shall occupy by night a cell or room by himself or
herself. If for special reasons, such as temporary overcrowding, it
becomes necessary for the central prison administration to make an
exception to this rule, it is not desirable to have two prisoners in a cell
or room.
• Rule 13 All accommodation provided for the use of prisoners and in
particular all sleeping accommodation shall meet all requirements of
health, due regard being paid to climatic conditions and particularly to
cubic content of air, minimum floor space, lighting, heating and
ventilation.
• Rule 14 In all places where prisoners are required to live or work: (a)
The windows shall be large enough to enable the prisoners to read or
work by natural light and shall be so constructed that they can allow
the entrance of fresh air whether or not there is artificial ventilation;
• Rule 15 The sanitary installations shall be adequate to enable every
prisoner to comply with the needs of nature when necessary and in a
clean and decent manner.
• Rule 16 Adequate bathing and shower installations shall be provided so
that every prisoner can, and may be required to, have a bath or
shower, at a temperature suitable to the climate, as frequently as
necessary for general hygiene according to season and geographical
region, but at least once a week in a temperate climate.
• Rule 17 All parts of a prison regularly used by prisoners shall be
properly maintained and kept scrupulously clean at all times.
PERSONAL HYGIENE

• Rule 18 1. Prisoners shall be required to keep their persons clean, and

to this end they shall be provided with water and with such toilet
articles as are necessary for health and cleanliness
CLOTHING AND BEDDING

• Rule 19 1. Every prisoner who is not allowed to wear his or her own
clothing shall be provided with an outfit of clothing suitable for the
climate and adequate to keep him or her in good health. Such clothing
shall in no manner be degrading or humiliating.
• Rule 20 If prisoners are allowed to wear their own clothing,
arrangements shall be made on their admission to the prison to ensure
that it shall be clean and fit
• Rule 21 Every prisoner shall, in accordance with local or national
standards, be provided with a separate bed and with separate and
sufficient bedding which shall be clean when issued, kept in good order
and changed often enough to ensure its cleanliness
FOOD

• Rule 22 1. Every prisoner shall be provided by the prison administration

at the usual hours with food of nutritional value adequate for health
and strength, of wholesome quality and well prepared and served.
• Rule 23 1. Every prisoner who is not employed in outdoor work shall
have at least one hour of suitable exercise in the open air daily if the
weather permits.
HEALTH-CARE SERVICES

• Rule 24 1. The provision of health care for prisoners is a State

responsibility. Prisoners should enjoy the same standards of health care
that are available in the community, and should have access to
necessary health-care services free of charge without discrimination on
the grounds of their legal status.
RESTRICTIONS, DISCIPLINE AND SANCTIONS

• Rule 36 Discipline and order shall be maintained with no more

restriction than is necessary to ensure safe custody, the secure
operation of the prison and a well ordered community life
INSTRUMENTS OF RESTRAINT

• Rule 47 1. The use of chains, irons or other instruments of restraint

which are inherently degrading or painful shall be prohibited.
SEARCHES OF PRISONERS AND CELLS

• Rule 50 The laws and regulations governing searches of prisoners and

cells shall be in accordance with obligations under international law
and shall take into account international standards and norms, keeping
in mind the need to ensure security in the prison. Searches shall be
conducted in a manner that is respectful of the inherent human dignity
and privacy of the individual being searched, as well as the principles
of proportionality, legality and necessity.
INFORMATION TO AND COMPLAINTS BY
PRISONERS
• Rule 54 Upon admission, every prisoner shall be promptly provided
with written information about: (a) The prison law and applicable prison
regulations; (b) His or her rights, including authorized methods of
seeking information, access to legal advice, including through legal aid
schemes, and procedures for making requests or complaints; (c) His or
her obligations, including applicable disciplinary sanctions; and (d) All
other matters necessary to enable the prisoner to adapt himself or
herself to the life of the prison.
CONTACT WITH THE OUTSIDE WORLD

• Rule 58 1. Prisoners shall be allowed, under necessary supervision, to

communicate with their family and friends at regular intervals:
• (a) By corresponding in writing and using, where available,
telecommunication, electronic, digital and other means; and
• (b) By receiving visits.
BOOKS

• Rule 64 Every prison shall have a library for the use of all categories of
prisoners, adequately stocked with both recreational and instructional
books, and prisoners shall be encouraged to make full use of it.
RELIGION

• Rule 65 1. If the prison contains a sufficient number of prisoners of the

same religion, a qualified representative of that religion shall be
appointed or approved. If the number of prisoners justifies it and
conditions permit, the arrangement should be on a full-time basis
RETENTION OF PRISONERS’ PROPERTY

• Rule 67 1. All money, valuables, clothing and other effects belonging to

a prisoner which he or she is not allowed to retain under the prison
regulations shall on his or her admission to the prison be placed in safe
custody. An inventory thereof shall be signed by the prisoner. Steps
shall be taken to keep them in good condition
NOTIFICATIONS

• Rule 68 Every prisoner shall have the right, and shall be given the
ability and means, to inform immediately his or her family, or any other
person designated as a THE NELSON MANDELA RULES 21 contact
person, about his or her imprisonment, about his or her transfer to
another institution and about any serious illness or injury. The sharing
of prisoners’ personal information shall be subject to domestic
legislation.
INVESTIGATIONS

• RULE 71 1. Notwithstanding the initiation of an internal investigation,

the prison director shall report, without delay, any custodial death,
disappearance or serious injury to a judicial or other competent
authority that is independent of the prison administration and
mandated to conduct prompt, impartial and effective investigations
into the circumstances and causes of such cases. The prison
administration shall fully cooperate with that authority and ensure that
all evidence is preserved.
REMOVAL OF PRISONERS

• Rule 73
• 1. When prisoners are being removed to or from an institution, they
shall be exposed to public view as little as possible, and proper
safeguards shall be adopted to protect them from insult, curiosity and
publicity in any form.
• 2. The transport of prisoners in conveyances with inadequate
ventilation or light, or in any way which would subject them to
unnecessary physical hardship, shall be prohibited. 3. The transport of
prisoners shall be carried out at the expense of the prison
administration and equal conditions shall apply to all of them.
INSTITUTIONAL PERSONNEL

• Rule 74
• 1. The prison administration shall provide for the careful selection of
every grade of the personnel, since it is on their integrity, humanity,
professional capacity and personal suitability for the work that the
proper administration of prisons depends.
INTERNAL AND EXTERNAL INSPECTIONS

• Rule 83
• 1. There shall be a twofold system for regular inspections of prisons and penal
services: (a) Internal or administrative inspections conducted by the central
prison administration; (b) External inspections conducted by a body independent
of the prison administration, which may include competent international or
regional bodies.
• 2. In both cases, the objective of the inspections shall be to ensure that prisons
are managed in accordance with existing laws, regulations, policies and
procedures, with a view to bringing about the objectives of penal and corrections
services, and that the rights of prisoners are protected.
RULES APPLICABLE TO SPECIAL CATEGORIES

Prisoners under sentence

• Rule 86 The guiding principles hereafter are intended to show the spirit
in which penal institutions should be administered and the purposes at
which they should aim, in accordance with the declaration made under
preliminary observation 1 of these rules.
TREATMENT

• Rule 91 The treatment of persons sentenced to imprisonment or a

similar measure shall have as its purpose, so far as the length of the
sentence permits, to establish in them the will to lead law-abiding and
self-supporting lives after their release and to fit them to do so. The
treatment shall be such as will encourage their self-respect and
develop their sense of responsibility.
CLASSIFICATION AND INDIVIDUALIZATION

Rule 93
• 1. The purposes of classification shall be:
• (a) To separate from others those prisoners who, by reason of their
criminal records or characters, are likely to exercise a bad influence;
• (b) To divide the prisoners into classes in order to facilitate their
treatment with a view to their social rehabilitation.
• 2. So far as possible, separate prisons or separate sections of a prison
shall be used for the treatment of different classes of prisoners.
PRIVILEGES

• Rule 95 Systems of privileges appropriate for the different classes of

prisoners and the different methods of treatment shall be established
at every prison, in order to encourage good conduct, develop a sense
of responsibility and secure the interest and cooperation of prisoners in
their treatment.
WORK

• Rule 96 1. Sentenced prisoners shall have the opportunity to work

and/or to actively participate in their rehabilitation, subject to a
determination of physical and mental fitness by a physician or other
qualified health-care professionals.
EDUCATION AND RECREATION

• Rule 104 1. Provision shall be made for the further education of all
prisoners capable of profiting thereby, including religious instruction in
the countries where this is possible. The education of illiterate
prisoners and of young prisoners shall be compulsory and special
attention shall be paid to it by the prison administration.
SOCIAL RELATIONS AND AFTERCARE

• Rule 106 Special attention shall be paid to the maintenance and

improvement of such relations between a prisoner and his or her family
as are desirable in the best interests of both.
PRISONERS WITH MENTAL DISABILITIES
AND/OR HEALTH CONDITIONS
• Rule 109 1. Persons who are found to be not criminally responsible, or
who are later diagnosed with severe mental disabilities and/or health
conditions, for whom staying in prison would mean an exacerbation of
their condition, shall not be detained in prisons, and arrangements
shall be made to transfer them to mental health facilities as soon as
possible.
PRISONERS UNDER ARREST OR AWAITING
TRIAL
• Rule 111
• 1. Persons arrested or imprisoned by reason of a criminal charge against them, who are
detained either in police custody or in prison custody (jail) but have not yet been tried
and sentenced, will be referred to as “untried prisoners” hereinafter in these rules.
• 2. Unconvicted prisoners are presumed to be innocent and shall be treated as such.
• 3. Without prejudice to legal rules for the protection of individual liberty or prescribing
the procedure to be observed in respect of untried prisoners, these prisoners shall
benefit from a special regime which is described in the following rules in its essential
requirements only.
CIVIL PRISONERS

• Rule 121 In countries where the law permits imprisonment for debt, or
by order of a court under any other non-criminal process, persons so
imprisoned shall not be subjected to any greater restriction or severity
than is necessary to ensure safe custody and good order. Their
treatment shall be not less favourable than that of untried prisoners,
with the reservation, however, that they may possibly be required to
work.
PERSONS ARRESTED OR DETAINED WITHOUT
CHARGE
• Rule 122 Without prejudice to the provisions of article 9 of the
International Covenant on Civil and Political Rights, persons arrested or
imprisoned without charge shall be accorded the same protection as
that accorded under part I and part II, section C, of these rules.
Relevant provisions of part II, section A, of these rules shall likewise be
applicable where their application may be conducive to the benefit of
this special group of persons in custody, provided that no measures
shall be taken implying that re-education or rehabilitation is in any way
appropriate to persons not convicted of any criminal offence.
 MODULE 2

PUNISHMENT AND DIFFERENT FORMS OF HUMAN RIGHT VIOLATION

LEARNING OBJECTIVES

• At the end of the module students will be able to:

 Know and familiar the definition of punishment and its purposes.
 Gain wisdom on the issues of human right violations.
 Understand and comprehend the basic principles for the treatment of
prisoners.
PUNISHMENT

• Is the infliction of some kind of pain or loss upon a person for a

mislead. Punishment may take forms ranging from capital punishment,
flogging, forced, labor, and mutilation of the body to imprisonment and
fines.
THE PURPOSE OF PUNISHMENT

• Deterrence
• Incapacitation
• Rehabilitation
• Retribution
• Restitution
INCAPACITATION

• Prevents future crime by removing the defendant from the society.

Examples are incarceration, house arrest, or execution pursuant to the
death penalty.
REHABILITATION

• Prevents future crime by altering a defendant’s behavior.

RETRIBUTION

• Prevents future crime by removing the desire for personal avengement

against defendant.
RESTITUTION

• Prevents future crime by punishing the defendant financially,.

DIFFERENT PUNISHMENT AND THEIR
PURPOSES
• Specific deterrence prevent crime by frightening an individual
defendant with punishment. General deterrence prevents crime by
frightening the public with the punishment of an individual defendant.
• Incapacitation prevents crime by removing a defendant from society.
• Rehabilitation prevents crime by altering a defendant’s behavior.
• Retribution prevents crime by giving victims or society a feeling of
avengement.
• Restitution prevent crime by pushing the defendant financially.
DEFINITION AND TYPES OF HUMAN RIGHTS
VIOLATION
A state commits human rights violations either directly or indirectly.
 Violation can either be intentionally performed by the state and or
come as a result of the state failing to prevent the violation. When a
state engages in human rights violations, various actors can be
involved such as police, judges, prosecutors, government officials and
more. The violation can be physically violent in nature, such as police
brutality, while rights such as the right to fair trials can also be
violated, where no physical violence is involved.
• The second type of violation is –failure by the state to protect occurs
when there a conflict between individuals or groups within a society. If
the state does nothing to intervene and protect vulnerable people or
groups, its participating in the violations. In the United States, the state
failed to protect black Americans when lynching frequently occurred
around the country.
EXAMPLE OF HUMAN RIGHTS VIOLATION

Civil And Political Rights

 Civil and political right are violated through genocide, torture, and
arbitrary arrest. These violation often happens during times ofwar, and
when a human rights violation intersect with the braking of law about
armed conflict, it known as a war crime.
ECONOMIC , SOCIAL AND CULTURAL
LANGUAGE
• As described in the UDHR, economic, social, and cultural rights include
the work, the right to education, and the right to physical and mental
health. As is the case with all human rights, economic, socials and
cultural right can be violated by states and other actors. The United
Office of the high Commissioner for Human Rights gives a handful
example of how these rights can be violated. They include.
• Contaminating water, for example , with waste from the State-owned
facilities.
• Evicting people by force from their homes
• Denying services and information about health.
• Discriminating at work based on traits like race, gender and sexual
orientation.
• Failing to provide maternity leave
• Not paying a sufficient minimum wage
WHO IS ULTIMATELY RESPONSIBLE FOR
ENSURING HUMAN RIGHTS VIOLATION DON’T
HAPPEN?
• In human rights treaties, states bear the primary burden of
responsibility for protecting and encouraging human rights. When a
government ratifies a treaty, they have a three-fold obligations. They
must respect, protect, fulfill human rights. When violation occurs, it’s
the government job to intervene and prosecute those responsible. The
government must hold everyone accountable.
BASIC PRINCIPLES FOR THE TREATMENT OF
PRISONERS
• Adopted and proclaimed by General Assembly resolution 45/111 of 14
December 1990
• 1. All prisoners shall be treated with the respect due to their inherent
dignity and value as human beings.
• 2. 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 other status.
• 3. It is, however, desirable to respect the religious beliefs and cultural
precepts of the group to which prisoners belong, whenever local
conditions so require.
• 4. The responsibility of prisons for the custody of prisoners and for the protection of
society against crime shall be discharged in keeping with a State's other social
objectives and its fundamental responsibilities for promoting the well-being and
development of all members of society.
• 5. Except for those limitations that are demonstrably necessitated by the fact of
incarceration, all prisoners shall retain the human rights and fundamental freedoms
set out in the Universal Declaration of Human Rights, and, where the State concerned
is a party, the International Covenant on Economic, Social and Cultural Rights, and
the International Covenant on Civil and Political Rights and the Optional Protocol
thereto, as well as such other rights as are set out in other United Nations covenants.
• 6. All prisoners shall have the right to take part in cultural activities and
education aimed at the full development of the human personality.
• 7. Efforts addressed to the abolition of solitary confinement as a
punishment, or to the restriction of its use, should be undertaken and
encouraged.
• 8. Conditions shall be created enabling prisoners to undertake
meaningful remunerated employment which will facilitate their
reintegration into the country's labour market and permit them to
contribute to their own financial support and to that of their families.
• 9. Prisoners shall have access to the health services available in the
country without discrimination on the grounds of their legal situation.
• 10. With the participation and help of the community and social
institutions, and with due regard to the interests of victims, favourable
conditions shall be created for the reintegration of the ex-prisoner into
society under the best possible conditions.
• 11. The above Principles shall be applied impartially.
 MODULE 3

GOVERNMENTAL PROGRAM FOR VICTIMS

LEARNING OBJECTIVES

At the end of the module students will be able to;

1. Enlighten on the concept of victim's compensation program.
2. Gain wisdom on the importance of Protection of Victim and witnesses.
3. Understand and comprehend the significance of the Restorative
Justice.
VICTIMS COMPENSATION PROGRAM

What is the law creating the Board of Claims?

Republic Act No. 7309 An act creating a board of claims under the
department of justice for victims of unjust imprisonment or detention and
victims of violent crimes and for other
WHAT IS THE RATIONALE FOR THE
ENACTMENT OF THE LAW
• One of the more vexing problems in the area of the 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.
WHO MAY FILE CLAIMS

• (a) any person who was unjustly accused, convicted and imprisoned but
subsequently released by virtue of a judgment of acquittal;
• (b) any person who was unjustly detained and released without being charged;
• (c) any victim of arbitrary or illegal detention by the authorities as
defined in the Revised Penal Code under a final judgment of the court;
andlawphi1
• (d) any person who is a victim of violent crimes. For purposes of this
Act, violent crimes shall include rape and shall likewise refer to
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,
cruelly or barbarity.
AWARD CEILING.

• For victims of unjust imprisonment or detention, the compensation shall be based on the
number of months of imprisonment or detention and every fraction thereof shall be
considered one month; Provided, however, That in no case shall such compensation
exceed One Thousand pesos (P1,000.00) per month.

• In all other cases, the maximum amount for which the Board may approve 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 injury, whichever is lower. This is without
prejudice to the right of the claimant to seek other remedies under existing laws.
WHEN TO FILE CLAIMS.

• Any person entitled to compensation under this Act must, within six (6)
months after being released from imprisonment or detention, or from
the date the victim suffered damage or injury, file his claim with the
Department, otherwise, he is deemed to have waived the same. Except
as provided for in this Act, no waiver of claim whatsoever is valid.
FILING OF CLAIMS BY HEIRS.

• In case of death or incapacity of any person entitled to any award

under this Act, the claim may be filed by his heirs, in the following
order: by his surviving spouse, children, natural parents, brother and/or
sister.
RESOLUTION OF CLAIMS.

• The Board shall resolve the claim within thirty (30) working days after
filing of the application.
APPEAL.

• 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.
REPUBLIC ACT NO. 9851

• An act defining and penalizing crimes against international

humanitarian law, genocide and other crimes against humanity,
organizzing jurisdiction, designating special courts, and for related
purposes
PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE, AND OTHER CRIMES
AGAINST HUMANITY".
• CHAPTER VI Protection of Victims and Witnesses
PROTECTION OF VICTIMS AND WITNESSES. - IN ADDITION TO EXISTING
PROVISIONS IN PHILIPPINE LAW FOR THE PROTECTION OF VICTIMS AND
WITNESSES, THE FOLLOWING MEASURES SHALL BE UNDERTAKEN:

• (a) The Philippine court shall take appropriate measures to protect the
safety, physical and physiological wellbeing, dignity and privacy of
victims and witnesses. In so doing, the court shall have regard of all
relevant factors, including age, gender and health, and the nature of
the crime, in particular, but not limited to, where the crime involves
sexual or gender violence or violence against children. The prosecutor
shall take such measures particularly during the investigation and
prosecution of such crimes. These measures shall not be prejudicial to
or inconsistent with the rights of the accused and to a fair and impartial
trial;
• (b) As an exception to the general principle of public hearings, the
court may, to protect the victims and witnesses or an accused, conduct
any part of the proceedings in camera or allow the presentation of
evidence by electronic or other special means. In particular, such
measures shall be implemented in the case of the victim of sexual
violence or a child who is a victim or is a witness, unless otherwise
ordered by the court, having regard to all the circumstances,
particularly the views of the victim or witness;
• (c) Where the personal interests of the victims are affected, the court
shall permit their views and concerns to be presented and considered
at stages of the proceedings determined to be appropriate by the court
in manner which is not prejudicial to or inconsistent with the rights of
the accused and a fair and impartial trial. Such views and concerns
may be presented by the legal representatives of the victims where the
court considers it appropriate in accordance with the established rules
of procedure and evidence; and
• (d) Where the disclosure of evidence or information pursuant to this Act
may lead to the grave endangerment of the security of a witness for
his/her family, the prosecution may, for the purposes of any
proceedings conducted prior to the commencement of the trial,
withhold such evidence or information and instead submit a summary
thereof. Such measures shall be exercised in a manner which is not
prejudicial to or inconsistent with the rights of the accused and to a fair
and impartial trial.
ROME STATUTE OF THE INTERNATIONAL
CRIMINAL COURT, 17 JULY 1998
• Article 68 - Protection of the victims and witnesses and their
participation in the proceedings
• 1. The Court shall take appropriate measures to protect the safety,
physical and psychological well-being, dignity and privacy of victims
and witnesses. In so doing, the Court shall have regard to all relevant
factors, including age, gender as defined in article 7 , paragraph 3, and
health, and the nature of the crime, in particular, but not limited to,
where the crime involves sexual or gender violence or violence against
children. The Prosecutor shall take such measures particularly during
the investigation and prosecution of such crimes. These measures shall
not be prejudicial to or inconsistent with the rights of the accused and a
fair and impartial trial.
• 2. As an exception to the principle of public hearings provided for in
article 67 , the Chambers of the Court may, to protect victims and
witnesses or an accused, conduct any part of the proceedings in
camera or allow the presentation of evidence by electronic or other
special means. In particular, such measures shall be implemented in
the case of a victim of sexual violence or a child who is a victim or a
witness, unless otherwise ordered by the Court, having regard to all the
circumstances, particularly the views of the victim or witness.
• 3. Where the personal interests of the victims are affected, the Court
shall permit their views and concerns to be presented and considered
at stages of the proceedings determined to be appropriate by the Court
and in a manner which is not prejudicial to or inconsistent with the
rights of the accused and a fair and impartial trial. Such views and
concerns may be presented by the legal representatives of the victims
where the Court considers it appropriate, in accordance with the Rules
of Procedure and Evidence.
• 4. The Victims and Witnesses Unit may advise the Prosecutor and the
Court on appropriate protective measures, security arrangements,
counselling and assistance as referred to in article 43 , paragraph 6.
• 5. Where the disclosure of evidence or information pursuant to this
Statute may lead to the grave endangerment of the security of a
witness or his or her family, the Prosecutor may, for the purposes of
any proceedings conducted prior to the commencement of the trial,
withhold such evidence or information and instead submit a summary
thereof. Such measures shall be exercised in a manner which is not
prejudicial to or inconsistent with the rights of the accused and a fair
and impartial trial.
• 6. A State may make an application for necessary measures to be
taken in respect of the protection of its servants or agents and the
protection of confidential or sensitive information.
ARTICLE 75 - REPARATIONS TO VICTIMS

• 1. The Court shall establish principles relating to reparations to, or in

respect of, victims, including restitution, compensation and
rehabilitation. On this basis, in its decision the Court may, either upon
request or on its own motion in exceptional circumstances, determine
the scope and extent of any damage, loss and injury to, or in respect
of, victims and will state the principles on which it is acting.
• 2. The Court may make an order directly against a convicted person
specifying appropriate reparations to, or in respect of, victims,
including restitution, compensation and rehabilitation. Where
appropriate, the Court may order that the award for reparations be
made through the Trust Fund provided for in article
• 3. Before making an order under this article, the Court may invite and
shall take account of representations from or on behalf of the convicted
person, victims, other interested persons or interested States.
• 4. In exercising its power under this article, the Court may, after a
person is convicted of a crime within the jurisdiction of the Court,
determine whether, in order to give effect to an order which it may
make under this article, it is necessary to seek measures under article
93 , paragraph 1.
• 5. A State Party shall give effect to a decision under this article as if the
provisions of article 109 were applicable to this article.
• 6. Nothing in this article shall be interpreted as prejudicing the rights of
victims under national or international law.
WHAT IS RESTORATIVE JUSTICE?

• is a process through which remorseful offenders accept responsibility for their misconduct,
particularly to their victims and to the community. It creates obligation to make things right
through proactive involvement of victims, ownership of the offender of the crime and the
community in search for solutions which promote repair, reconciliation and reassurance.
Thus, the restorative justice process is actively participated in by the victim, the offender,
and/or any individual or community member affected by the crime to resolve conflicts
resulting from the criminal offense, often with the help of a fair and impartial third party.
Examples of restorative process include mediation, conferencing, sentencing/support circle
and the like. The restorative outcome is the agreement obtained as a product of a restorative
justice process. Examples of restorative outcomes include restitution, community work
service and any other program or response designed to accomplish reparation of the victim,
and the reintegration of the victims and/or offenders.
HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE
PHILIPPINES?

• The Commission on Crime Prevention and Criminal Justice, of which the

Philippines is a member-country, through a draft resolution,
recommended to the Economic and Social Council of the United Nations
Organization (UNO), the adoption of the “Basic Principles on the Use of
Restorative Justice Programmes in Criminal Matters”. The said
document is a formulation of UN Standard in the field of mediation and
restorative justice. The Philippines, being a signatory member-country
should ensure adoption of this resolution.
• Consequently, the goal of the government is to establish a more enlightened
and humane correctional system that will promote the reformation of
offenders and thereby reduce the incidence of recidivism. This is in line with
the applicable laws, rules, and policies mandating this Agency to administer
the Parole and Probation System in the country. As such, the Parole and
Probation Administration (PPA) is empowered to create innovative policies,
programs, and activities to facilitate the reintegration of its clientele into the
mainstream of society and consequently prevent the commission of crime.
Therefore, PPA adopts Restorative Justice as one of its rehabilitation programs
which utilizes restorative processes and aims to achieve restorative outcomes.
WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A
REHABILITATION PROGRAM OF PPA?

1.Reintegration of the offenders to the social mainstream and

encouraging them to assume active responsibility for the injuries
inflicted to the victims;
2.Proactive involvement of the community to support and assist in the
rehabilitation of victims and offenders;
3.Attention to the needs of the victims, survivors and other persons
affected by the crime as participating stakeholders in the criminal
justice system, rather than mere objects or passive recipients of
services of intervention that may be unwanted, inappropriate or
ineffective;
4.Healing the effects of the crime or wrongdoing suffered by the
respective stakeholders; and
5.Prevention of further commission of crime and delinquency.
HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?

• A. During the Investigation Stage

• Information such as victims’ version of the offense, effect of victimization to their
lives, families, future, and plans, and victims’ appreciation on how the damage/harm
inflicted by the crime can be repaired and healed are gathered to serve as input in
the post-sentence investigation (PSI) or pre-parole/executive clemency investigation
(PPI) reports prepared by the investigating officer to be submitted to the Court and
the Board of Pardons and Parole, respectively. These data are vital in the conduct of
restorative justice processes during the supervision phase.
• Soliciting stakeholders’ interest for their introduction to the restorative process
commences during this stage.
• B. During the Supervision Stage
• Restorative Justice Program is a part of the rehabilitation of the client
which is incorporated in the client’s Supervision Treatment Plan (STP).
In applying the various restorative justice processes for the client’s
rehabilitation, the supervising officer observes the following points:
• The parties are brought within the program out of their own volition.
Parties have the right to seek legal advice before and after the
restorative justice process;
• Before agreeing to participate in the restorative justice process, the
parties are fully informed of their rights, the nature of the process, and
the possible consequences of their decision;
• Neither the victim nor the offender is induced by unfair means to
participate in restorative justice processes or outcomes;
• Discussion in restorative justice processes should be highly confidential and
should not be disclosed subsequently, except with the consent of the
parties, and should not be used against the parties involved;
• Where no agreement can be made between the parties, the case is
withdrawn from the restorative justice process; and
• In the event agreement is reached by parties, it is put in writing to give
substance/essence to the agreement. The failure to implement any
provision of the agreement made in the course of the restorative justice
process is a basis for the withdrawal of the case from the program.
WHAT ARE THE ROLES OF THE PROBATION AND
PAROLE OFFICERS IN THE IMPLEMENTATION OF
RESTORATIVE JUSTICE?
• A Probation and Parole Officer assigned to handle investigation and
supervision caseloads acts as restorative justice planner. As such,
he/she undertakes the following responsibilities:
1.Identifies and recommends to the Chief Probation and Parole Officer
(CPPO) potential case for Peacemaking Encounter;
2.Conducts dialogue to explore the possibility of restorative justice
process;
3.Coordinates/collaborates with responsible members and leaders of
community for their participation in the conference;
4.Serves as facilitator-strength in the conference
1.Assists in healing process of stakeholders based on the Supervision
Treatment Plan; and
2.Prepares casenotes reflective of restorative justice values and utilizing
the following points:
3.Impact of crime and effect of victimization
4.Victim inputs and involvement opportunities
5.Offender opportunity to take direct responsibility for the harm inflicted
on the victim and/or the community.
• A CPPO engages in the following responsibilities:
1.Approves cases for Peace Encounter Conference and issues office
orders; and
2.Implements and monitors plans and agreements achieved during the
conference and sets direction to realize success of the process.
WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN
APPLYING THE RESTORATIVE JUSTICE PROCESSES TO RESOLVE
CONFLICTS ARISING FROM THE CRIMINAL OFFENSE?

• The clients must admit the offense to be eligible for the conference, and if
possible, they should be encouraged to take full responsibility;
• A personal visit by the Restorative Justice planner may be necessary to solicit
interest and willingness of stakeholders to participate in the restorative process;
• The victims’ preference for the time, date and place of the meeting should be
given greatest weight;
• Restorative Justice planners should also get in touch with community strengths
to serve as facilitator like local officials, members of the Lupon Tagapamayapa
or any responsible and respected personalities in the locality;
• A pre-conference meeting with the selected facilitators prior to the
actual conduct of peace encounter conference should be set to
carefully plan for all the details, from the sitting arrangements and
refreshments to the box of tissue papers which incidentally would let
participants know that display of emotions is okay;
• A pre-conference meeting could likewise be arranged separately with
individual stakeholders to explain the process and other vital details of
the conference;
• The Restorative Justice planner should ensure that everyone knows
how to get to the location site of the conference;
• Facilitators should ensure that the conference shall be conducted without
interruption in a comfortable location and shall secure the safety of all
stakeholders;
• Stakeholders shall also be consulted relative to the composition of the panel of
facilitators. Any party may move to oppose the inclusion of persons by reason of
relationship, bias, interest or other similar grounds that may adversely affect the
process; and
• Indigenous system of settling differences or disputes shall accordingly be
recognized and utilized to conform with the customs and tradition of that
particular cultural community.
WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN
BE APPLIED IN PPA?

• Peacemaking Encounter
• Peacemaking Encounter is a community-based gathering that brings the
victim, the victimized community, and the offender together. It supports the
healing process of the victims by providing a safe and controlled setting for
them to meet and speak with the offender on a confidential and strictly
voluntary basis. It also allows the offender to learn about the impact of the
crime to the victim and his/her family, and to take direct responsibility for
his/her behavior. Likewise, it provides a chance for the victim and the offender
to forge a mutually acceptable plan that addresses the harm caused by the
crime.
 AS A COMMUNITY-BASED DECISION MODEL, THE AGENCY PEACEMAKING
ENCOUNTER IS BEING IMPLEMENTED THROUGH THE FOLLOWING PROCESSES:

1.Victim/Offender Mediation – a process that provides an interested

victim an opportunity to meet face-to-face his/her offender in a secured
and structured setting or atmosphere, with the help of a trained
mediator, and engage in a discussion of the past offense and its impact
to his/her life. Its goal is to support the healing process of the victim
and allow the offender to learn the impact of his/her offense on the
victim’s physical, emotional and financial existence, and take direct
responsibility for his/her behavior by mutually developing a Restorative
Justice plan that addresses the harm caused by the said offense.
2.Conferencing – a process which involves community of people most
affected by the crime – the victim and the offender and their families,
the affected community members and trained facilitators and
community strength – in a restorative discussion of issues and
problems arising from an offense or coincidence which affects
community relationship and tranquillity. Facilitated by a trained
facilitator, the above parties are gathered at their own volition to
discuss how they and others have been harmed by the offense or
conflict, and how that harm may be repaired and broken relationship
may be restored.
3.Circle of Support – a community directed process organized by the field
office and participated in by the clients, the Volunteer Probation Aides
(VPAs) and selected members of the community in the discussion of
the offense and its impact. Within the circle, people freely speak from
the heart in a shared search for understanding the incident, and
together identify the steps necessary to assist in the reconciliation and
healing of all affected parties and prevent future crime or conflict.
• In the Agency, the circle of support is facilitated by trained Probation
and Parole Officers, Volunteer Probation Aides or selected community
leaders who offered their services free of charge to serve as facilitator
or keeper.
• In implementing this process, the probation and parole officer should
be the facilitator who is sensitive to the needs of the victim. Likewise,
the probation and parole officer should exert effort to protect the safety
and interest of the victim.
• WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE
AGREED UPON DURING THE RESTORATIVE JUSTICE PROCESS?
• As a result of the restorative justice process, the following outcomes or
interventions may be agreed upon by parties in a Restorative Justice
discussion, such as, but not limited to:
• A. Restitution
• Restitution is a process upon which the offender accepts accountability for the
financial and/or non-financial losses he/she may have caused to the victim.
Restitution is a “core” victim’s right which is very crucial in assisting the
redirection of the victim’s life. Part of the conditions of probation as imposed
by the Court is the payment of civil liability to indemnify the victim of the
offender, and to inculcate to the offender a sense of responsibility and
obligation towards the community.
• Consequently, the probation and parole officer should see to it that the offender
complies with this condition.
• B. Community Work Service
• Community Work Service, whether imposed as a condition of offender’s
conditional liberty or integral part of his treatment plan, should be
purposely motivated to make the offender realize that he/she incurred
an obligation to make things right. In its application, the offender can
be subjected to perform work service measures, including, but not
limited to any of the following:
1.Mentoring and Intergenerational Service – offenders will develop their
nurturing needs thru caring for other people; example: with senior
citizens, with orphanages, or with street children.
2.Economic Development – to link directly with the business project;
examples: cleaning downtown area, tree planting, maintenance of
business zones, housing restoration, garbage and waste management,
cleaning of esteros, recycling, construction, repair of streets, and the
like.
3.Citizenship and Civic participation-experiential activities which involve solving
community problems; examples: puppet shows that showcase values, street
dramas, peer counseling.
4.Helping the Disadvantaged – this will enhance offender’s self esteem; examples:
assist handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and
hospitals.
5.Crime Prevention Project – examples: Brgy. Ronda, giving testimony to the youth.
• The probation and parole officer should ensure the adoption of these community
work services to facilitate the reintegration of the offender in the community
• C. Counseling (whether individual, group or family)
• It will enhance client’s interpersonal relationship and it will help
him/her become more aware of his/her shortcomings/weaknesses. This
will also help him/her overcome painful experiences that drove him/her
to commit a crime/ offense.
• D. Attendance to trainings, seminars and lectures
• E. Participation in education, vocation or life skills program
• F. Group Therapy Session
• An intervention which provides recovering drug dependents or those
with serious behavioral problems an opportunity to discuss their
problems.
• G. Spiritual development session/faith-based session
• H. Submission to psychological/psychiatric assessment
• I . Submission to drug test/drug dependency examination
• J. Attendance to skills training/livelihood assistance program
• K. Marital enhancement program
• L. Written or oral apology
• M. Submission to family therapy session
• This session aims to develop healthy personal relationship within the
family and to establish open positive communication between family
members and significant others. Family members should be oriented in
their individual responsibilities and roles.
• N. Confinement in Drug Treatment Rehabilitation Center
Including Aftercre
•
REPUBLIC ACT NO. 8505

• AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,

ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY
PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS
THEREFOR, AND FOR OTHER PURPOSES
• This Act shall be known as the "Rape Victim Assistance and Protection Act of
1998.
• Section 2. Declaration of Policy. - It is hereby declared the policy of the State to
provide necessary assistance and protection for rape victims. Towards this end,
the government shall coordinate its various agencies and non-government
organizations to work hand in hand for the establishment and operation of a rape
crisis center in every province and city that shall assist and protect rape victims in
the litigation of their cases and their recovery.
• Section 3. Rape Crisis Center. - The Department of Social Welfare and
Development (DSWD), the Department of Health (DOH), the Department of the
Interior and Local Government (DILG), the Department of Justice (DOJ), and a
lead non-government organization (NGO) with proven track record or experience
in handling sexual abuse cases, shall establish in every province and city a rape
crisis center located in a government hospital or health clinic or in any other
suitable place for the purpose of:
• a) Providing rape victims with psychological counselling, medical and health services, including their medico-legal
examination;
• (b) Securing free legal assistance or service, when necessary, for rape victims;
• (c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;
• (d) Ensuring the privacy and safety of rape victims;
• (e) Providing psychological counselling and medical services whenever necessary for the family of rape victims;
• (f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers,
medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender sensitivity
and legal management of rape cases; andalf-1awphi1
• (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.
• Section 4. 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.
• For this purpose, 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.
 MODULE 4

DIFFERENT THERAPEUTIC/TREATMENT MODELS

LEARNING OBJECTIVE

• At the end of the module students will be able to;

• Familiarize the different modalities in the treatment of offenders
• Acquaint on the concept of forgery and their and others similar
fraudulent acts in documents
• Differentiates those different therapeutic/treatment models
implemented by the PPA, BJMP and BUCOR.
MODALITIES IN THE TREATMENT OF
OFFENDERS
• Like many countries, the correctional system in the Philippines has both
an institution-based and a community-based component. It also has
separate treatment systems for youth offenders and adult offenders.
The custodial care of adult offenders is handled by the following:
• 1. The Bureau of Jail Management and Penology (BJMP) under the
Department of Interior and Local Government (DILG) which has
supervision over all district, city and municipal jails and detention
centers. These jails house detainees awaiting judicial disposition of
their case and offenders whose sentence range from one (1) day to
three (3) years.
• 2. The Provincial Governments, which have supervision and control
over provincial jails. These jails house court detainees and prisoners
whose prison terms range from six (6) months and one (1) day, to three
(3) years.
• 3. The Bureau of Corrections (BUCOR) under the Department of Justice
(DOJ), which has control over the national penitentiary and its penal
farms, houses convicted offenders with prison sentences ranging from
three (3) years and one (1) day, to life imprisonment.
• Youth offenders in the Philippines are treated differently. A youth
offender is defined as a child over nine (9) years but below eighteen
(18) years of age at the time of the commission of an offense. Under
the country’s laws, these youth offenders are entitled to a suspended
sentence. Instead of serving their sentence, they are rehabilitated in
regional youth rehabilitation centers, which are managed and
supervised by the Department of Social Welfare and Development
(DSWD). There are ten (10) rehabilitation centers for youth offenders,
one of which is a National Training School for Boys and the other, a
National Training School for Girls. Their stay in the center can be
shorter than their sentence term, depending on how they respond to
the rehabilitation process therein.
• The non-institutional treatment of adult offenders is managed primarily
by the Department of Justice (DOJ) through its Parole and Probation
Administration and the Board of Pardons. Probation for adult offenders
is available to those whose penalty of imprisonment does not exceed
six (6) years. It is considered as a matter of privilege and not of right.
Hence, the adult offender has to apply for probation before the court
upon conviction. This is also true for the parole system.
THERAPEUTIC COMMUNITY (TC) BY 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
THERAPEUTIC COMMUNITY MODALITY PROGRAM BY
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY
PHASE OF TREATMENT

• TCMP in the BJMP set up is quite unique in the sense that inmates are in
custody while undergoing trial for their individual cases. Their length of
stay is determined by how fast is the disposition of their cases. The
cases may be decided upon after a short period of time or may last for
years. Though the different phases of treatment is observed, it cannot
be fully implemented or may not be followed as scheduled due to the
uniqueness of the status of the residents
• Phase I- Entry/Orientation Phase
• Once an inmate is committed to jail, he undergoes a series of examination to
determine his physical, social and psychological status. Upon his commitment, a
resident is placed on orientation a tthe Reception and Diagnostic room/
Orientation Room. In here, he is acquainted with the TC program:-
• The rules and norms of the community-
• TC concepts, written and unwritten philosophy-
• The staff and the members of the community-
• The tools of the house- Job functions and TC hierarch
• He is then assigned a static group and a big brother who will provide
him with support and will walk him through the orientation phase. At
this phase, the resident is handled gently and is expected to commit
mistakes in the process of learning the program. Sanctions on negative
behavior are usually light with emphasis on teaching.
PHASE II- PRIMARY TREATMENT

• After proper orientation on the different TC concepts and tools, the

norms and rules of the community and the staff members, the resident
is now ready to undergo the treatment proper. He becomes apart of the
community starting as a crew member of the Housekeeping
department until he gradually ascends in the hierarchy. He must be
knowledgeable on the following:
• Proper use of the different tools to address personal issues and
concerns and shape behavior
• Managing own feelings and learning how to express self appropriately
• Learning how to follow the rules and norms of the community
• Maximize participation in activities that are appropriate to the
resident’s need for growth
• Learning how to trust the environment by disclosing self to the
community and develop insight in the process
• Developing positive coping skills to deal with difficult life situations
• Enhancing educational and vocational skills to make him productive
• Improve social skills and recognize the importance of other people’s
help in shaping behavior
PHASE III- PRE RE-ENTRY

• Under regular circumstances, the resident is expected at this stage to

have internalized the TC values and concept to start life afresh.
However, in the jail setting where entry and release are not within the
jail control, residents may not have reached this phase of treatment
before they even leave the jail facility
Regardless of the resident’s length of stay, he is expected to undergo this phase
prior to release into society. At this phase, the resident is expected to have
proven his ability to take on more responsibility hence needs lesser supervision.
He is considered a role model in the TC community. He should focus on the
following learning:
• Rebuilding of social and family ties
• Going up the ladder of hierarchy by showing leadership
• Realization of his full potential to be a productive member of society
• Mapping out of plan
PHASE IV- RE-ENTRY

• In the ideal setting, a resident at this stage is now ready to be released

back to society as he has demonstrated adequate self-control and
discipline. The inmate is now preparing for his life outside of jail and is
focused on making himself a productive citizen. He may start planning
for job hunting and rebuilding family ties and relationships. In the jail
setting, the residents will stay inside the jail until their cases are
resolved or they have been convicted and need to be remanded to the
Bureau of Corrections.
The resident must focus on the following:
• Transition to life outside of jail.
• Creating a new lifestyle applying the tools and concept of TC.
• Learning positive coping skills to deal with day to day situations.
• Re-establishing and strengthening family ties and support group
• Reintegration into the mainstream of society.
• Developing realistic and attainable goals in lif
• Phase IV- Aftercare
Aftercare is an outpatient program that requires clients to report twice a
week to an outreach center. They are required to attend group sessions
to ensure their adjustment to life outside jail to reduce recidivism. For
clients released from jail, they are referred to the Parole and Probation
Administration and Local Government Units for follow up and aftercare.
The clients are focused on the following:
• Maintaining positive behavior and prevent recidivism
• Strengthening coping mechanism
• Maintaining relationships and support mechanism
• Sustaining interest in job or vocation to maintain livelihood
• Integration into society
STANDARD PARAMETERS FOR JAIL TCMP

A . Physical Environment :
• The internal and external environment is comfortable, clean and
welcoming.
• TC Philosophy and unwritten philosophies are visibly posted around the
facility.
• Hierarchical structure and daily activities are displayed.
• There is adequate space to hold activities and rooms for specific
meetings that require privacy.
• A clean and well maintained kitchen that complies with the sanitary
standards of BJMP.
• Provision of recreation areas both indoors and outdoors.
• The dining area is equipped with enough tables and chairs to
accommodate the inmates.
• Adequate sanitary toilets and bathrooms that provide privacy to users.
• Adequate space for sleeping and habitation that respects the
individual’s personal space.
TCMP STAFF

• The TCMP staff has undergone proper training on TCMP

• Presence of a permanent TCMP staff to supervise the program and
conduct the various activities
• The TCMP staff will not be transferred to other jails until properly
covered by another TC trained staff
• There is proper shift turn-over of TC trained staff on a daily basis
• TCMP staff can be utilized to handle other tasks but puts priority to
TCMP
• Regular meetings are held by staff to discuss progress,issues and
concerns about the program
• All the jail staff are involved in the TCMP and arecontributing members
• The staff works as a team in delivering services to inmates
• The staff serves as role models and treats inmates withrespect and
dignity
• Incentives are given to TCMP staff in terms of awards
andcommendation
THE THERAPEUTIC ENVIRONMENT -THE
INMATES/ RESIDENTS
• The residents treat each other with respect at all times regardless of
age, religion, cultural diversity, etc
• The residents practice a culture of honesty and openness in discussing
thoughts and feelings, providing and receiving feedbacks
• Confidentiality is respected and practiced
• The residents are involved in decision making and planning in TCMP
activities
• The participants of TCMP are change agents in bringing about
transformation among peers
• The residents comply with the cardinal and house rules and serve as
“watchdogs” for their peers with the aim of correcting erring members
• Absence or minimal incidence of jail violence/disturbance
• The residents respect the hierarchy and chain of command
THERAPEUTIC COMMUNITY BY THE BUREAU
OF CORRECTION
• he 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 reshaping an individual’s behavior
and attitudes through the inmate’s 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 has 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 re-integration
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 are in line with its
commitment to creating 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.
 MODULE 5

BEHAVIORAL MANAGEMENT