MODULE 1 - Human Rights Laws and Violations

LESSON 1.1
International Human Rights Law
1.1.1. What is Human Rights?
According to the United Nations (UN), Human rights are rights inherent to all
human beings, regardless of race, sex, nationality, ethnicity, language, religion,
or any other status Human rights include the right to life and liberty, freedom
from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more. Everyone is entitled to these rights, without
discrimination. The Philippine Commission on Human Rights (PCHR) regarded
human rights as supreme, inherent and inalienable rights to life, dignity and
self-development. It is the essence of these rights that makes man human.
International Human Rights Law lays down the obligations of Governments to
act in certain ways or to refrain from certain acts, in order to promote and
protect human rights and fundamental freedoms of individuals or groups. The
foundations of this body of law are the Charter of the United Nations and the
Universal Declaration of Human Rights (UDHR) adopted by the General
Assembly in 1945 and 1948, respectively. Since then, the United Nations has
gradually expanded human rights law to encompass specific standards for
women, children and persons with disabilities, minorities and other vulnerable
groups, who now possess rights that protect them from discrimination that had
long been common in many societies.
A series of International Human Rights Treaties and other instruments adopted
since 1945 have expanded the body of international human rights law. They
include the (a) Convention on the Prevention and Punishment of the Crime of
Genocide (1948), (b) the International Convention on the Elimination of All
Forms of Racial Discrimination (1965). (c) the Convention on the Elimination of
All Forms of Discrimination against Women (1979), (d) the Convention on the
Rights of the Child (1989) and the (e) Convention on the Rights of Persons with
Disabilities (2006), among others,
LESSON 1.2
Constitutional Guarantee on Human Rights
The Constitution of the Philippines is an important tool for the protection and
promotion of human rights. It enables the Philippines to translate international
agreements into domestic law, and obliges all branches of government to
respect and ensure the rights it enunciates. This is the reason why the Principles
and State Policies was clearly stated under Article #, 1987 Philippine
Constitution. Some provisions stipulated under the said article is an all-time
reminder to the government as the agent
of the state for the protection and promotion of human rights, such as 1. "The
maintenance of peace and order, the protection of life, liberty, and property,
and promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy." - Sec. 5
2. "The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination." - Sec.
7
3 "The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full
employment, a rising standard of living. and an improved quality of life for all." -
Sec. 9
4 "The State values the dignity of every human person and guarantees full
respect for human rights."= Sec.11
s "The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the
support of the Government."-Sec 12
6 "The State recognizes the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual and social well-
being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs." - Sec 13
-The State recognizes the role of women in nation building, and shall ensure the
fundamental equality before the law of women and men." -Sec 14
В The State shall protect and promote the right to health of the people and
instill health
consciousness among them." - Sec. 15
9. "The state shall protect and advance the right of the people to a balanced and
healthful
ecology in accord with the rhythm and harmony of nature."-Sec. 16 "The State
affirms labor as a primary social economic force It shall protect the rights of 10
workers and promote their welfare" - Sec. 18
11 "The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development." -Sec22
12 "The State shall guarantee equal access to opportunities for public service
and prohibit political dynasties as may be defined by law."- Sec. 26, Article II
B. The Bill of Rights (Articles III, 1987 Phil. Cons.)
Concept.
Bill of Rights is defined as a series of prescriptions setting forth the
fundamental, civil and political rights of the individual, and imposing limitations
on the powers of the government as a means of securing the enjoyment of
those rights. It is designed to preserve the ideals of liberty, equality and security
against the assault of opportunism, the expediency of the passing hour, the
erosion of small encroachments, and the scorn and derision of those who have
no patience with general principles - Quoted in PBM employees Organization vs.
Philippine Blooming Mills, G.R. No. L-31195, June 5, 1973.Any governmental
action in violation of the bill of rights is void. The provisions of the Bill of rights
are considered self executing. They are generally characterized by civil and
political rights, fa)Civil Rights are those that belong to every citizen of the state
or country, or, in a wider
sense, to all its inhabitants, and are not connected with the organization or
administration of the government (e.g. rights to property, marriage, equal
protection of the laws etc.). (b)Political Rights are those rights to participate,
directly or indirectly, in establishment or administration of the government
le.g.rights to suffrage, right to hold public office, right to petition etc.). Due
Process & Equal Protection of Laws."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". - Sec 1, Art. III. Due Process of Law Is a law which hears before it
condemns,
which proceeds upon inquiry, and renders judgment only after trial. Equal
Protection of
the Laws means that all persons or things similarly situated should be treated
alike beth
as to rights conferred and responsibilities imposed. However, persons or things
that are
presumed to be similarly situated, may nonetheless, be treated differently if
there is a basis for valid classifications:
ii. Searches & Seizures. 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." - Sec. 2, Art. III
Right to Privacy is also known as the right to be left alone. A right guaranteeing
against unreasonable searches and seizures. Only a judge may validly issue a
warrant
ii. Privacy of Communications & Correspondence. "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." - Sec. 3, Art.
III. The right is inviolable except there is a lawful order of the court and when
public safety or order requires otherwise, as may be provided by law.
iv.
Freedom of Expression. "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."- Sec. 4, Art. II.
All modes of expression are embraced in the guaranty, reinforced by sec. 18 (1),
Art. III. It includes freedom from censorship or prior restraint and freedom from
subsequent punishment. The Government may interfere only if there is clear
and present danger, dangerous tendency tule, and after balancing interest. The
right to assemble is not subject to prior restraint. however, right must be
exercised in such a way that it will not prejudice the public welfare
v. Freedom of Religion. "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." Sec. 5, Art Two Guarantees: (1) Non-
establishment clause: and (2) freedom of religious profession and worship.
vi. Liberty of Abode and of Travel. "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, ar public health as may be provided by law."-Sec. 6, Art
II. However,
there are limitations
1 Limitation of the liberty of abode- lawful order of the court. 2 Limitations on
the right to travel interest of national security, public safety or public
health, as may be provided by law.
Right to Information. 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."-
Sec. 7, Art. II. Exceptions: The rights does not extend to matters recognized as
privilege information rooted in separation of powers, nor to information on
military and diplomatic secrets, information affecting national security, and
Information on investigations of crimes by law enforcement agencies before the
prosecutor of the accused
viii. Miranda Doctrine. 1 Any person under investigation for the commission of
on 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 the
rehabilitation of victims of torture or similar practices, and their families." -Sec
12, Art. II Source: Miranda vs. Arizona, 384 U.S. 436
Read Republic Act No. 7438 Note: This topic was already discussed in the
subjects Human Rights Education and Specialized Criminal Investigation with
Legal Medicine.
ix. Right to Bail "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 shll not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required."
MODULE 2: Therapeutic Modalities for Crime Victims
LESSON 2.1
Human Rights Victims Reparation and Recognition Act of 2013
[REPUBLIC ACT NO. 10368]
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF
HUMAN RIGHTS DOCUMENTATION VIOLATIONS OF SAID DURING VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by
the Senate and House of Representatives of the Philippines in Congress
assembled:
CHAPTERI
PRELIMINARY PROVISIONS
THE MARCOS REGIME,
SECTION 1. Short Title. This Act shall be known as the "Human Rights Victims
Reparation and Recognition Act of 2013"
SEC. 2. Declaration of Policy. - Section 11 of Article Il of the 1987 Constitution of
the Republic of the Philippines declares that the State values the dignity of
every human, person and guarantees full respect for human rights. Pursuant to
this declared policy, Section 12 of Article of the Constitution prohibits the use of
torture, force, violence, threat, intimidation, or any other means which vitiate
the free will and mandates the compensation and rehabilitation of victims of
torture or similar practices and their families
SEC. 3. Definition of Terms – The following terms as used in this Act shall
mean: (a) Detention refers to the act of taking a person into custody against his
will by persons acting in an official capacity and/or agents of the State. (b)
Human rights violation refers to any act or omission committed during the
period from September 21, 1972 to February 25, 1986 by persons acting in an
official capacity and/or agents of the State, but shall not be limited to the
following:
(d) Any search, arrest and/or detention without a valid search warrant or
warrant of arrest issued by a civilian court of law, including any warrantless
arrest or detention carried out pursuant to the declaration of Martial Law by
former President Ferdinand E Marcos as well as any arrest detention or
deprivation of liberty carried out during the covered period on the basis of an
Detention Action (PDA)" and such other similar executive issuances as defined
by decrees of former President Ferdinand E. Marcos, or in any manner that the
arrest, detention or deprivation of liberty was effected;
"Arrest Search and Seizure Order (ASSO", a "Presidential Commitment Order
(PCO)" or a
(2) The infliction by a person acting in an official capacity and/or an agent of the
State of physical
injury, torture, killing, or violation of other human rights, of any person
exercising civil or political
rights, including but not limited to the freedom of speech, assembly or
organization; and/or the
right to petition the government for redress of grievances, even if such violation
took place
during or in the course of what the authorities at the time deemed an illegal
assembly or demonstration: Provided, That torture in any form or under any
circumstance shall be considered a human rights violation (3) Any enforced or
involuntary disappearance caused upon a person who was arrested, detained or
abducted against one's will or otherwise deprived of one's liberty, as defined in
Republic Act No. 10350 {{1}), otherwise known as the "Anti-Enforced or
Involuntary Disappearance Act of
2012" (4) Any force or intimidation causing the involuntary exile of a person
from the Philippines,
(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a
business, confiscation of property, detention of owner/s and or their families,
deprivation of livelihood of a person by agents of the State, including those
caused by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate
relatives by consanguinity or affinity, as well as those persons considered as
among their close relatives, associates, cronies and subordinates under
Executive Order No. 1, issued on February 28, 1986 by then President Corazon C.
Aquino in the exercise of her legislative powers under the Freedom
Constitution;
(6) Any act or series of acts causing, committing and/or conducting the
following:
) Kidnapping or otherwise exploiting children of persons suspected of
committing acts against the Marcos regime;
n Committing sexual offenses against human rights victims who are detained
and/or in the course of conducting military and/or police operations; and (1)
Other violations and/or abuses similar or analogous to the above, Including
those recognized by international law.
Act, the human rights violation must have been committed during the period
from September 21, 1972 to February 25, 1986: Provided, however, That victims
of human rights violations that were committed one (1) month before
September 21, 1972 and one (1) month after February 25, 1986 shall be entitled
to reparation, under this Act if they can establish that the violation was
committed:
(1) By agents of the State and/or persons acting in an official capacity as defined
hereunder (2) For the purpose of preserving, maintaining, supporting and
promoting the said regime, or (3) To conceal abuses during the Marcos regime
and/or the effects of Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents of the State.-The
following persons shall be deemed persons acting in an official capacity and/or
agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the former
Integrated National
Police (INP), the Armed Forces of the Philippines (AFP) and the Civilian Home
Defense Force
(CHDF) from September 21, 1972 to February 25, 1986 as well as any civilian
agent attached
thereto; and any member of a paramilitary group even if one is not organically
part of the PC. the INP, the AFP or the CHEF so long as it is shown that the group
was organized, funded, supplied with equipment, facilities and/or resources,
and/or indoctrinated, controlled and/or supervised by any person acting in an
official capacity and/or agent of the State as herein defined;
(2) Any member of the civil service, including persons who held elective or
appointive public office at any time from September 21, 1972 to February 25,
1986:
2 Persons referred to in Section 2(a) of Executive Order No. 1, creating the
Presidential Commission on Good Government (PCGG), issued on February 28,
1986 and related laws by then President Corazon C. Aquino in the exercise of
her legislative powers under the Freedom Constitution, including former
President Ferdinand E. Marcos, spouse Imelda R. Marcos, their immediate
relatives by consanguinity or affinity, as well as their close relatives, associates,
cronies and subordinates, and
narcan or groups of persons acting with the authorization, support or
acquiescence of the State during the Marcos regime
(e) Torture refers to any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on any person under the custody of
persons acting in an official capacity and/or agents of the State, as defined by
law, jurisprudence, international conventions and Republic Act No. 9745,
otherwise known as the "Anti-Torture Act of 2009".
SEC 4. Entitlement to Monetary Reparation. - Any HRV qualified under this Act
Shall receive reparation from the State, free of tax, as herein prescribed
Provided, That for a deceased or involuntary disappeared HRVV, the legal heirs
as provided for in the Civil Code of the Philippines, or such other person named
by the executor or administrator of the deceased or involuntary disappeared
HRVY's estate in that order, shall be entitled to receive such reparation Provided
further, That no special power of attorney shall be recognized in the actual
disbursement of the award, and only the victim or the aforestated successor(s)-
in-interest shall be entitled to personally receive said reparation form the
Board, unless the victim involved is shown to be incapacitated to the
satisfaction of the Board: Provided furthermore, That the reparation received
under this Act shall be without prejudice to the receipt of any other sum by the
HRVV from any other person or entity in any case involving violations of human
rights as defined in this Act.
SEC Source of Reparation - The amount of Ten billion pesos
(P10,000,000,000,00)
plus accrued interest which form part of the funds transferred to the
government of the Republic of the Philippines by virtue of the December 10,
1997 Order of the Swiss Federal Supreme Court. adjudged by the Supreme Court
of the Philippines as final and executory in Republic vs. Sandiganbayan on July
15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in favor of
the Republic of the Philippines, shall be the principal source funds for the
implementation of this Act
CHAPTER III
CLAIMANTS, REPARATION
RECOGNITION SEC. 16. Claimants - Any person who is an HRV may file a claim
with the Board for reparation and/or recognition in accordance with the
provisions of this Act.
AND
Sec 17. Conclusive Presumption That One is an HRV Under This
Act. The claimants in the class suit and direct action plaintiffs in the Human
Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL No 840, CA No.
88-0390) in the US Federal District Court of Honolulu, Hawaii wherein a
favorable judgment has been rendered, shall be extended the conclusive
presumption that they are HRV VS: Provided, That the HRV VS recognized by the
Bantayog Ng MgaBayani Foundation shall also be accorded the same conclusive
presumption: Provided further That nothing herein shall be construed to
deprive the Board of its original jurisdiction and its inherent power to determine
the extent of the human rights violations and the corresponding reparation
and/or recognition that may be granted.
SEC. 18. Motu Proprio Recognition. - The Board may take judicial notice motu
proprio of individual persons who suffered human rights violations as defined
herein and grant such persons recognition as HRVVS and included in the Role of
Victims as provided for in Section 26 hereof.
SEC. 19. Determination of Award. - (a) The Board shall follow the point system
in the determination of the award. The range shall be one (1) to ten (10) points,
as follows:
(1) Victims who died or who disappeared and are still missing shall be given ten
(10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he given
six (6) to nine (9) points
(3) Victims who were detained shall be given three (3) to five (5) points, and (4)
Victims whose rights were violated under Section 3, paragraph (b), nos. (4),
(S) and (6) under this Act shall be given one (1) to two (2) points. The Board shall
exercise its powers with due discretion in the determination of
points for each victim, which shall be based on the type of violation committed
against the HRV, frequently and duration of the violation. In each category, HRV
Vs who had suffered more would receive more points. In instances where a
victim is classified in more than one category, one shall be awarded the points
in the higher category Provided, That in cases where there are several eligible
claims filed for reparation by or on behalf of a particular HRVV, the Board shall
award only one (1) valid claim which corresponds to the category obtaining the
highest number of points for each eligible claimant.
SEC. 26. Roll of Victims. - Persons who are HRV Vs, regardless of whether
they opt to seek reparation or not shall be given recognition by enshrining their
names in a Roll of Human Rights Victims to be prepared by the Board. A
Memorial/Museum/Library shall be established in honor and in memory of the
victims of human rights violations whose names shall be inscribed in the A
compendium of their sacrifices shall be prepared and may be readily accessed in
and internet viewed
the have
Memorial/Museum/Library/Compendium shall
The
an appropriation of
art
Taste Five hundred million pesos (P 50000000000 from the accrued interest of
the Ten billion peso (P10,000,000,000.00) fund. The Roll may also be displayed
in government agencies as maybe designated by
the HRVV Memorial Commission as created hereunder Commission.. - There is
hereby created a Commission to be known as the Human Rights Violations
Victims Memorial Commission, hereinafter referred to
SEC. 27. Human, Rights
Violations Victims Memorial
as the Commission, primarily for the establishment, restoration, preservation
and conservation of the Memorial/Museum/Library/Compendium in honor of
the HRVVS during the Marcos regime.
CHAPTER V
FINAL PROVISIONS
SEC 28. Guidelines for the Implementing Rules and Regulations (IRR). – In
implementing this Act and in formulating the corresponding rules and
regulations, and to ensure that all applications are properly screened for
fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims:
b) A procedure that allows any concerned party to oppose an application or
claim on the ground that it is fraudulent, fictitious or spurious and gives that
party the opportunity to question the same and to present evidence in support
thereof, and e) A procedure that is speedy and expeditious without sacrificing
any of the
parties fundamental rights.
Within fifteen (15) days from the date of its organization, the Board shall
promulgate the necessary IRR and procedures for the effective implementation
of this Act. The IRR shall be effective fifteen (15) days after its publication in two
(2) national newspapers of general circulation
LESSON 2.2 The Board of Claims
[REPUBLIC ACT NO. 7309] March 30, 1992
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 PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress
assembled:
Section 3. Who may File Claims. - The following may file claims for
compensation before the Board
(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; andfawphi1© (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 Section 4. 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 (P 1000000 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. Section 5. 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
Section 6. Filing of Claims by Heirs. - In case of death or incapacity of any person
entitled d under this Act, the claim may be filed by his heirs, in
the following order by his surviving
to any
may be inferred that it comes
spouse, children, natural parents, brother and/or sister
Approved March 30, 1992
2.2.1. GOVERNMENT PROGRAMS FOR VICTIMS
The Philippines has a victim compensation program to provide financial
compensation for victims of violent or personal crime and unjust imprisonment
or detention
A Filing period
Within 6 months from when the victim suffered damage or injury or within 6
months after the victim was released from imprisonment or detention
B. Foreign citizen eligibility Citizens of foreign countries are eligible to apply for
compensation
Claimants
Victims of crime
Dependents of homicide victims Victims who were unjustly imprisoned or
detained Procedures
A claimant can obtain an application from the Board of Claims through the
Secretariat of the Board of Claims, Department of Justice, Republic of the
Philippines. Victims should submit copies of
all medical records from treating hospitals and physicians with the application.
The Board of Claims The maximum award to victims of crime or the dependents
of homicide victims is PHP10,000.
is required to render a decision within 30 days. C. Benefits and Award Limits
The maximum award to victims of unjust imprisonment or detention is
PHP60,000. Compensable costs
Medical expenses Mental health expenses
Lost wages
Lost support for dependents of homicide victims Funeral and burial expenses
D. Compensation vs Restitution vs Restoration
"Compensation" and "restitution" share a common synonym in "recompense,"
but as with
most synonyms, there is great similarity, but not necessarily sameness.
"Destitution" is really the restoration of something lost or stolen, such as land
taken in war
under economic policy, etc. Think American Indians or black farmers
"Compensation" can be given as a substitute, as restitution, when actual
restoration is not
possible f I break your Ming vase, gluing it back together will not be full
restitution because its
aesthetic and monetary value has been lessened. Unless I find that exact vase
again, I can only make
restitution through compensation-buying you another with which you'll be
happy or providing you with monetary value equal to that of the vase I broke. E.
Compensation and Reparation Compensation serves a variety of important
functions. First, it helps victims to manage the material aspect of their loss
Individual financial grants help to bring immediate economic relief to the
victims and allow them to fulfill basic survival needs in many cases, monetary
reparations in the
form of monthly payments are essential to ensure victims' survival. At the
collective level, funds for The Philippines has a victim compensation program to
provide financial compensation for victims of violent or personal crime and
unjust imprisonment or detention
A Filing period
Within 6 months from when the victim suffered damage or injury or within 6
months after the victim was released from imprisonment or detention
B. Foreign citizen eligibility Citizens of foreign countries are eligible to apply for
compensation
Claimants
Victims of crime
Dependents of homicide victims Victims who were unjustly imprisoned or
detained Procedures
A claimant can obtain an application from the Board of Claims through the
Secretariat of the Board of Claims, Department of Justice, Republic of the
Philippines. Victims should submit copies of
all medical records from treating hospitals and physicians with the application.
The Board of Claims The maximum award to victims of crime or the dependents
of homicide victims is PHP10,000.
is required to render a decision within 30 days. C. Benefits and Award Limits
The maximum award to victims of unjust imprisonment or detention is
PHP60,000. Compensable costs
Medical expenses Mental health expenses
Lost wages
Lost support for dependents of homicide victims Funeral and burial expenses
D. Compensation vs Restitution vs Restoration
"Compensation" and "restitution" share a common synonym in "recompense,"
but as with
most synonyms, there is great similarity, but not necessarily sameness.
"Destitution" is really the restoration of something lost or stolen, such as land
taken in war
under economic policy, etc. Think American Indians or black farmers
"Compensation" can be given as a substitute, as restitution, when actual
restoration is not
possible f I break your Ming vase, gluing it back together will not be full
restitution because its
aesthetic and monetary value has been lessened. Unless I find that exact vase
again, I can only make
restitution through compensation-buying you another with which you'll be
happy or providing you with monetary value equal to that of the vase I broke. E.
Compensation and Reparation Compensation serves a variety of important
functions. First, it helps victims to manage the material aspect of their loss
Individual financial grants help to bring immediate economic relief to the
victims and allow them to fulfill basic survival needs in many cases, monetary
reparations in the
form of monthly payments are essential to ensure victims' survival. At the
collective level, funds for
Community rehabilitation programs ensure that survivors of gross human rights
violations receive proper treatment. Monetary compensation programs may
also deter the state from future abuses by imposing a financial cost on such
misdeeds.
However, many notes that such reparations are not primarily about money, but
rather about making crucial repairs to individuals' psyches, and to social and
political institutions. Compensation programs serve to publicly acknowledge
wrongdoing, restore survivors' dignity, and raise public awareness about the
harm's victims have suffered. For this reason, reparations for former victims or
their family members are often a psychologically necessary component of the
healing process, In addition, both monetary and symbolic compensation plays
an important role in the process of bereavement
F. Victims of Terrorism
There is no special mechanism or institution to grant victims of terrorism access
within the criminal justice system. Under the Philippine legal system, the victims
can be represented by private prosecutors of their choice in court, working
together with the public prosecutors. Should the victims not be able to afford
representation they can seek assistance from the
Public Attorney's Office.
G. Women and Children Protection Program
Objectives
To institutionalize and standardize the quality of service and training of all
women and children
protection units
Specifically, the program aims to
1. Prevent violence against women and children from ever occurring (primary
prevention)
2 Intervene early to identify and support women and children who are at risk of
violence
early intervention), and
3. Respond to violence by holding perpetrators accountable, ensure connected
services are available for women and their children (response)
Policies and Laws
Republic Act 7610: Anti-Child Abuse Law
Republic Act 9262: Anti-Violence Against Women and their Children Act
Republic Act No. 8353: Anti-Rape Law Republic Act 10364: Expanded Anti-
Trafficking in
Persons (RA 9208: Anti-Trafficking in
Persons Act of 2003) Republic Act No. 8505 Rape Victim Assistance & Protect
Act
. Republic Act 9710. Magna Carta of Women RA 7877: Anti-Sexual Harassment
Act
Republic Act 10354 (The Responsible and Reproductive Health Act of 2012)
Administrative Order 1-Bs. 1997: DOH Policy on the establishment of Women &
Children's
Protection Units (WCPU)
Administrative Order 20130011 : Revised guidelines on the establishment of
WCPUS in all
hospitals
Administrative Order 20140002 : Violence and Injury Prevention
2.2.2. THERAPEUTIC JURISPRUDENCE
Therapeutic jurisprudence, which is also known as (TJ), is a process whereby the
court is used to effect and promote healing for crime victims and offenders.TJ
considers the various ways the law may be utilized as an instrument of healing,
rehabilitation, and also how to reduce the anti therapeutic effects of law. TJ
incorporates law, social work, and psychology, and, furthermore, tries to
address the emotional and psychological well-being of crime victims and
offenders as they encounter the legal system. Most importantly, therapeutic
jurisprudence stresses the human impact of all areas of the law
Therapeutic jurisprudence provides crime victims with empathetic listening in
an open minded environment, and if the parties are genuine about their
experience of the crime, healing can take place. At the introductory level of
therapeutic jurisprudence, it focused primarily on the therapeutic or anti-
therapeutic effects of the court system on the criminal offenders, although it
also considered the possibility of providing some sort of effect for the crime
victims and the community at large. Early forms of therapeutic jurisprudence
considered the rehabilitation of the criminal offenders and provided healing
effects for them but did very little to ensure or provide for the healing of the
crime victims.
How Therapeutic Jurisprudence Promote the Healing of Crime Victims? The
effect of crime on the crime victims is that it produces anxiety, fear, depression,
humiliation, anger, powerlessness, and a sense of betrayal for the person who
experienced it. Additionally, when going through the criminal process, crime
victims may experience psychologically damaging issues such as invisibility in
the proceedings and the legal profession's reluctance to accept the crime
victims as having a locus stand in the proceedings, and this in spite of the fact
that it is the crime victims who have suffered the harm as a result of the crime.
In this way, the crime victims have been underestimated and underappreciated.
There are some values regarded as having healing effects in (Ti). Such values
include, but are not limited to, the following: crime victims' voice,
validation, respect; and self-determination which the justice system has been
promoting What is the Objective of Therapeutic Jurisprudence?
Therapeutic jurisprudence is meant to reduce the psychological harm
experienced by crime
victims house of the crime and secondary victimization by the criminal justice
system Furthermore. therapeutic jurisprudence, firstly, recognizes, secondly,
highlights, and thirdly, explores the potential for positive and negative impacts
upon crime victims. As a therapeutic agent, it possesses a great capacity to heal
and repair the psychological trauma experienced by the crime victims In order
to have a successful crime victim-centered approach, therapeutic jurisprudence
needs to be considered on an individual basis on three levels: via micro, mezzo
and mar Th reason for this is that crime victims differ regarding what outcome
they consider having a healing effect. Additionally, the perception of the crime
victims of a therapeutic outcome is different from the criminal justice's
perception of a therapeutic outcome.
What are the Elements of Therapeutic Jurisprudence? There are three basic
steps ar componentS of TI that can lead to a successful healing of the crime
victims or any other party affected by criminal behaviour. These steps or
components are:
a. Apology:
b. Forgiveness and Reconciliation
Apology
THERAPEUTIC MODALITIES
120
Apology takes place when the wrongdoer feels remorseful for what he has
done, accepts responsibility for his action, and says that he is sorry. The
wrongdoer also acknowledges the harm he has inflicted on others through his
actions and how the actions have affected the lives of others. In the process of
tendering his apology, the offender may describe his intentions not to engage in
the behavior again. The apology is tendered directly to the crime victims by the
actions of the apologizer,
Forgiveness
Forgiveness takes place when the crime victims accept the apology of the
offenders, and in addition, show that they, the crime victims, are no longer
angry with the offenders and are able show mercy to the offenders. Usually the
crime victims want to describe the harm done to them by the offenders'
criminal actions. Additionally, crime victims sometimes ask questions about the
criminal's act such as, 'Why me?' and 'Why did the offender do what he did?'
Answers are provided by the offender. The end result of an accepted apology is
humor, a more lighthearted exchange, collaboration between the crime victims
and the offenders with regard to the possibility of solving the criminal behavior
and how to repair the harm done with a view to preventing recurrences of the
behavior in the future.
Reconciliation
Reconciliation may not necessarily follow apology and forgiveness.
Reconciliation, however, takes place when the offender and the crime victims
move away from the adversarial position of anger, blame, shame, and
resentment, towards a mutual appreciation of each other with a view to
brokering peace and harmony amongst themselves.
MODULE 3: Therapeutic Modalities for Offenders
3.1. Conceptual Background of TM
A. Background
In the Philippines, the treatment of offenders and individuals who are in conflict
with the law is undertaken by the government through the Department of
Justice (DOJ), the Department of the Interior and Local Government (DILG), and
the Department of Social Welfare and Development (DSWD)
The DOJ supervises and manages the national penitentiaries (for prisoners
serving the penalty of imprisonment for more than three years) through the
Bureau of Corrections (BuCor). The DILG, through the Bureau of Jail
Management and Penology (BJMP), supervises and controls city, municipal and
district jails. The Philippine National Police (PNP), also under the supervision of
the DILG, manages the municipal jails that cannot yet be supervised by the
BJMP,
including lock-up jails or precinct jails that are used as temporary detention
centers for arrested individuals under investigation. As described, it is the PPA
that is given the task of treatment of offenders through community based
program of probation, parole and/or conditional pardon. The BPP is simply
concerned with policies on the grant of parole and on the recommendatory
measures to the President in cases of
executive clemency.
Upon the grant of parole or conditional pardon, the offender is referred by the
BPP for supervision to the PPA Offenders on probation are referred by the
courts of justice.
Reformation and rehabilitation of Inmates as well as preparation for the
reintegration in COmmunity are the ultimate goals of the programs. Prison
inmates are some of the most disturbed and unstable people in society. Most of
the Inmates have had too little discipline or too much come from broken homes
and have no self-esteem. They are very insecure and are at war with themselves
as well with society. Most Inmates did not learn moral values or learn to follow
everyday norms In order to rehabilitate criminals, we must do more than just
send them to prison
For instance, this program could give them a chance to acquire job skills which
will improve the chances that inmates will become productive citizen upon
release. The programs must aim to change those want to change. Those who are
taught to produce useful goods and to be productive are likely to develop the
self-esteem essential to a normal integrated personality This kind of program
would provide many useful skills and habits and replace the sense of
hopelessness that many inmates have
More important for a prisoner is to have a will to change himself and then giving
him support to Improve. Many of them da not know how to start a new life such
therapeutic Community Programs are the way and they can enlighten their
future life
The Bureau of Jail Management and Penology (BJMP) has adopted Therapeutic
Community Modality Program" or RCMP as a new approach to inmate
management that requires new glossary of terms relative to felons and
introduction of a new way of life in confinement As set by the BJMP the
Therapeutic Community is a self-help social learning treatment model used to
client with problems of drug abuse and other behavioral problems such as
alcoholism, stealing and other anti-social tendencies as well as working with
special group of Individual like those in jails.
As a treatment model it includes four categories, namely behavior
management, intellectual and spiritual aspects emotional and psychological
aspects and vocational or survival aspects. Therapeutic Community utilizes the
"community" as a vehicle to foster behavioral and attitudinal change. In this
model, the client receives the information and impetus to change from being
part of the community. This community mode provides social expectations,
which are parallel to the social demands that the clients will confront upon
discharge to their home community
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
Structure and function
THERAPEUTIC MODALITIES
1281
1 A central part of the therapeutic community treatment model is a structure
board that has many job functions. The lines of responsibility or chain of
command of the structure board are clearly marked and must be followed.
Participants will be taught the different job functions as thoroughly as possible
so they may understand how the community operates
2 Having a well-run structure is critical to a successful treatment community.
You must be willing to learn all job functions, teach other members of your
community and hold one another accountable for the structure to function
proper
Making a therapeutic community..
The therapeutic community program is a positive environment for learning how
to be accountable for one's choices in a caring community where members can
help themselves and each other make positive changes Staff and residents work
together to establish and maintain a positive, growth-filled environment.
Community members focus on behavioral change, accountability and
confronting attitudes, behaviors and criminal thinking patterns, which are
destructive to individuals and the life of the program it is a place to set goals,
develop discipline and practice behaviors that lead to successful living. It is a
place where you learn to let go of a "victim mentality" and incorporate an
accountability mentality" Into all of your relationships.
A. Purpose and Objectives of Therapeutic Modality
Therapeutic Community (TC) Program, as defined by Bureau of Corrections,
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
inmates community working together to help themselves and each other,
restoring self-confidence, and preparing them for the re-integration into their
families and friends as
productive members of the community The Philippine prison system adopted
two approaches for treatment of offenders. These are the institutional-based
treatment program and the community-based treatment programs. These
programs aimed towards the Improvement of offenders' attitude and
philosophy of life, Reformation and rehabilitation of inmates as well as
preparation for their integration in the community are the ultimate goals of the
programs.
First:
it defines "therapeutic community" as a unique self-help, albeit, bona fide social
psychological approach to the treatment of addictions and related problems.
The term "therapeutic denotes the social and psychological goals of TCs, namely
changing the individual's life style and Identity. The term "community" denotes
the primary method or approach, employed to achieve the Goal of individual
change. The community is used to heal, teach, and train individuals in how to
behave, think, perceive and experience themselves.
Second
Identifies the essential elements of the TC approach as the collection of
concepts, beliefs. assumptions, program components, and clinical and
educational practices common to TC programs The essentiality" of these
elements is derived from multiple sources The essential elements organized into
a single framework consist of three components the perspective model and
method The perspective depicts how the TC views the substance abuse
disorder, the individual substance abuser, the recovery process, and right living.
The model presents what the TC is as a treatment program: Its structure, social
organization, and daly regimen of activities, all of which are grounded in the
perspective It distinguishes the unique, self help
element of ts approach community as method, in which individuals are taught
to use the peer community to
learn about themselves. Thus, all activities in the TC are interventions designed
to produce therapeutic and
educational changes in individual participants, and all participants are the
mediators of these changes
3.2. History of Therapeutic Modality (TM)
Historically, the term "therapeutic community (TC) has been used for several
different forms of treatment - sanctuaries, residential group homes and even
special schools - and for several different conditions, including mental illness,
drug abuse and alcoholism.
The term was coined when Thomas Main pioneered a therapeutic model
combining community therapy with ongoing psychoanalytic psychotherapy in
1946. This was a modification of therapeutic work developed about the same
time by Maxwell Jones and several others. As defined by the Bureau of
Correction, 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.
The history of the TC in the Philippines goes back to the 70's when the former
Drug Abuse Research Foundation, Inc. or DARE adopted the model in the first
Asian TC in Trece Martires, Cavite called Bahay Pag-asa ta treat heroin addicts.
Within months after the declaration of Martial Law by Marcos in 1971, DARE
opened several more residential treatment centers around Manila and in Baguio
City. Through DARE, the TC spread to Malaysia, Thailand and other Asian
countries. Now there are community-based and prison-based TCs in most of
these countries. Since its Inception in the Philippines, the TC has been adopted
as a drug treatment model in many private for-profit programs in the
Philippines. In the U.S., large not-for-profit drug programs
continue to use a water-down version of it, particularly the use of a more loose
social structure and
selective applications of some of its traditional behavioral-shaping tools. The
outcome of such
indiscriminate variations in the TC has been catastrophic resulting in the
breakdown of effective social control in many of these programs. In the
Philippines, government drug programs under the criminal justice system have
since applied the TC in some of the jails under the Bureau of Jail Management
and Penology (BJMP) and prisons of the Bureau of Corrections (BUCOR),
including the outpatient services for parolees and probationers by the
Philippine Parole and Probation Administration (PPA). Several police agencies
such as the National Bureau of Investigation (NBI) treatment center in Tagaytay
and the old Bicutan treatment center, formerly under the Philippine National
Police (PNP), have also applied their version of the TC The latter two treatment
centers, which have been absorbed by the Department of Health (DOH),
together with other government centers in other cities and provinces, have
Implemented a variant of the TC adapted to their realities
After several years of trying to fit the TC model within disparate government
organizations,
many challenges have emerged. Perhaps the most serious one is the absence of
a clear mandate from
above on the status of the TC as a treatment model within the agency Next is
the absence of a standard practice that complies with the principles and
essential elements of the TC. The other problem is the need for clinical
supervision and a constant supply of staff with adequate training on the TC and
knowledge of addiction treatment. Finally, there is a lack of skills among
practitioners to design and reorganize existing facilities to meet the minimum
requirements of a TC program. The TC in most government and criminal justice
programs, with the exception of the PPA, were initiated mostly by mid-level
management staff, mental health, or medical staff while the top leadership gave
lip service to its operations. Despite difficulties a few of these TC trained
personnel persevered and protected the TC from extinction. For example, the
success of BJMP's TC initiative and it is becoming institutionalized within its
organization was the work of a few dedicated staff who
toiled amidst the constantly shifting nature of government service. Finally, the
organizational structure of the TC and how the physical environment is
organized must lend to the operational and clinical functions of the TC. An
important operational function is surveillance and the safety of the client
population.
Therapeutic Community Modality
Therapeutic Community (TC) in the DOJ-PPA program for rehabilitation of
offenders is a Self-Help Social Learning Treatment Modality that uses the TC
Family/Community of staff (PPOs and VPAS) and clients as the primary
therapeutic vehicle to foster behavioral and attitudinal change. Iits rules and
norms, shared beliefs, tools and processes combine to enable clients to actively
work toward their individual goals for "right living."
Held in a community-based non-residential setting, it addresses clients
individual and groupon eeds through a holistic/multi- disciplinary range of
activities/interventions within the five (5) treatment categories:
Relational/Behavior Management, Psychomotor/Vocational-Survival Skills. It
integrates RJ principles and practices, and mobilizes involvement of the general
public through the VPA
Origins
200 BC-50 AD QUMRAN COMMUNITY
OXFORD MOVEMENT
Alcoholics Anonymous
1909
1935
Historical Highlights in the Philippines DOJ - PPA TC JOURNEY
PERIOD
Affective/Emotional-Psychological Cognitive/Intellectual, Spiritual
1958
SYNANON
1960s
DAYTOP
1998-Present
- DOJ-PPA TC
BRIEF DESCRIPTION
3.3. Treatment vs. Punishment
3.3.1. MODALITIES IN THE TREATMENT OF OFFENDERS IN THE PHILIPPINES ike
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 lails house court detainees
and prisoners whose prison terms range from six (6) months and one (1) day to
three (3) years. of Corrections (BUCOR) 291 108TH INTERNATIONAL SEMINAR
VISITING EXPERTS' PAPERS 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)
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
THERAPEUTIC MODALITY (26)
probation before the court upon conviction This is also true for the parole
system The Department, in cooperation with other agencies and the Asia Crime
Prevention Philippines Inc (ACPPI), now operates the recently constructed
Philippine-Japan Halfway House, new alternative for treating adult offenders.
On the other hand, community-based rehabilitation services for the youth are
administered by the DSWD through its regional field offices nationwide, In
coordination with the local government's social welfare and development
offices. After-care and follow-up services are likewise carried out for youth
offenders by the DSWD.
What is the Distinction between Therapy and Treatment? Therapy and
treatment are two words that are often confused when it comes to their
meanings. There is some difference between the two words. The word 'therapy'
is used in the sense of rehabilitation' On the other hand, the word 'treatment is
used in the sense of 'cure'. This is the main difference between the two words.
3.3.2. Treatment for offenders
Treatment and rehabilitation have been central to the development of criminal
justice policy and have played an important role in the development of
criminology. In recent years punishment and retribution have attracted more
attention than rehabilitation, but there has been a resurgence of interest in
treatment and rehabilitation, with indications that some things do 'work', and
an emphasis on 'evidence-based' policy making. What is Treatment?
The way someone behaves toward or deals with someone or something
The act or manner or an instance of treating someone or something The
techniques or actions customarily applied in a specified situation
. A substance or technique used in treating
What is Punishment? Psychology Definition
Punishment is a term used in operant conditioning refer to any change that
occurs after a behavior that reduces the likelihood that that behavior will occur
again in the future. While positive and negative reinforcements are used to
increase behaviors, punishment is focused on reducing or eliminating unwanted
behaviors.
Punishment is often mistakenly confused with negative reinforcement.
Remember, reinforcement always increases the chances that a behavior will
occur and punishment always decreases the chances that a behavior will occur.
3.3.4. Types of Punishment
THERAPEUTIC MODALITY (27]
Behaviourist B. F. Skinner, the psychologist who first described operant
conditioning, identified two different kinds of aversive stimuli that can be used
as punishment.
Positive Punishment: This type of punishment is also known as punishment by
application." Positive punishment involves presenting an aversive stimulus after
a behavior has occurred. Negative Punishment: This type of punishment is also
known as "punishment by removal. Negative punishment involves taking away
a desirable stimulus after a behavior has occurred,
Legal Definition
It is the act of inflicting a consequence or penalty to someone as a result of
wrongdoing, or the consequence or penalty itself Note: This topic is covered by
the subject Institutional Correction
What is Rehabilitation and its Distinction from Treatment?
These abilities may be physical, mental, and/or cognitive (thinking and
learning). You may have lost them because of a disease or injury, or as a side
effect from a medical treatment.
Rehabilitation can improve your daily life and functioning. people are physically
ill, the causes of their illness are diagnosed and then treated." Correctional
rehabilitation shares the same logic: Causes are to be uncovered and treatments
are to be individualized. Therefore, rehabilitation is also referred to as
"treatment."
The rehabilitation model "makes sense" only if criminal behavior is caused and
not merely a freely willed, rational choice. Sometimes rehabilitation is said to
embrace a "medical model." When
What are the Purposes of Correctional Sanctions?
1. The purpose of correctional sanctions is thus to inflict a punishment on the
offender so that the harm the offender has caused will be paid back" and the
scales of justice balanced. In this case, punishment inflicting pain on the
offender is seen as justified
because the individual used his or her free will to choose to break the law.
2 Deterrence is utilitarian and asserts that punishing offenders will cause them
not to return to crime because they will have been taught that "crime does not
pay." Note that deterrence assumes that offenders are rational in that
increasing the cast of crime usually through more certain and severe penalties
will cause offenders to choose to "go straight" out of fear that future criminality
will prove too painful. This is called specific deterrence. 3. Finally, the third goal,
incapacitation, makes no assumption about offenders and why they committed
crimes. Instead, it seeks to achieve the utilitarian goal of reducing crime by
"caging" or incarcerating offenders. If behind bars and thus "incapacitated,"
crime will be impossible because the offender is not free in society where
innocent citizens can be
criminally victimized. In comparison, rehabilitation differs from retribution, but
is like deterrence and incapacitation, in that it is a utilitarian goal, with the
utility or benefit for society being the reduction of crime. It fundamentally
differs from the other three perspectives, however, because these other goals
make no attempt to change or otherwise improve offenders. Instead, they
inflict pain or Punishment on offenders either for a reason (retribution in order
to get even" or deterrence in order to "scare people straight") or as a
consequence of the penalty (Incapacitation involves placing
offenders in an unpleasant living situation, the prison). In contrast,
rehabilitation seeks to assist both offenders and society
3.3.3. Counseling and Psychotherapy Counseling
Technically speaking, "counselor" means "advisor" It involves two people
working together to solve a problem. It is a term that is used in conjunction with
many types of advice giving his setting, the counselor offers guidance and
support as the individual figures out ways to better manage life and adjust to
change or adversity
In the context of mental health, "counseling" is generally used to denote a
relatively brief treatment that is focused primarily on behavior. It often targets
a particular symptom or problematic situation and offers suggestions and advice
for dealing with it.
Psychotherapy
Focuses more on gaining insight into chronic physical and emotional problems.
Its focus is on
the person's thought processes, and how these may be influenced by past
events such that they cause problems in the present. In other words,
psychotherapy addresses the root cause and core issues of current problems so
that lasting change and personal growth may occur.
What Similarities and Dissimilarities between Counseling and Psychotherapy?
Similarities
1. Development of a healing, safe, and therapeutic relationship between
individual
a therapist and an
2. Effectiveness for a wide range of people, both adults and children
3. Understanding a person's feelings and behaviors, and addressing issues with
the goal of
improving a person's life.
Dissimilarities Counseling
Focus on present problems and situations
Specific situations or behaviors Short term therapy (for a period of weeks and
up to 6 months)
Action and behavior focused
Talk therapy
Psychotherapy
Focus on chronic or recurrent problems
Overall patterns, big picture oriented Long term therapy, either continuous or
intermittent over many years
Feeling and experience focused May include testing (such as personality
intelligence), talk therapy, other therapies such In-depth focus on internal
thoughts/feelings (core issues) leading to personal growth
Guidance, support, and education to help people identify and find their own
solutions to as cognitive behavioral therapy current problems
Secondary process
Primary process
3.4. INSTITUTIONAL PROGRAMS
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
3.4.1. THE DEMOCRATIC TC AND ITS APPLICATION IN PRISON The democratic TC
is a small face-to-face residential community using social analysis as its main
tool origins can be traced back to (1) the Northfield Experiments (Hollymoor
Hospital, Northfield (Birmingham, 19421948 which can be considered as one of
the first attempts to rehabilitate people (neurotic soldiers) by means of the
therapeutic use of groups and 12) some experimental treatment units during
and just after World War II for neurotic soldiers and ex-prisoners of war.
Initiated by Maxwell Jones Jones is commonly referred to as the 'father' of the
democratic therapeutic community. Jones formulated the axioms of his work as
follows:
(1) two-way communication on all levels; (2) decision-making on all levels
(3) shared (multiple) leadership: (4) consensus in decision-making, and
(5) social learning by interaction in the 'here and now
Social learning could be described as Socratic learning, in which the facilitator
simply helps the participants to uncover the knowledge from within the group,
rather than introducing new knowledge through teaching. Rapoport described
the democratic TC as having four central principles (1) Permissiveness: residents
can freely express their thoughts and emotions without any negative
repercussions (in the sense of punishment or censure)
(2) Democracy all residents and staff members have equal chances and
opportunities to participate in the organization of the TC (3) Communalism face
to face communication and free interaction to create a feeling of sharing and
belonging (4) Reality testing: residents can be, and should be, continually
confronted with their own image and the consequent impact of that) as
perceived by other clients and staff members.
3.4.2. Philippine Programs
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
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.
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
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
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
dental
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
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
THERAPEUTIC MODALITY (30)
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.
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.
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,
THERAPEUTIC MODALITY (31
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.
3.4. COMMUNITY - BASED PROGRAM
3.4.1. Historical Development of Community-Based Treatment The community-
based treatment of offenders in the Philippines is governed by Presidential
Decree
No. 968 (PD 968) promulgated on July 24, 1976 On January 3, 1978, the
probation system started to operate in the entire country of the Philippines
B. Legal Basis of Community Based Treatment Presidential Decree No. 968 or
the Adult Probation Law of 1976
D Administrative Code of 1987
Board of Pardons and Parole Resolution No 229, dated April 2, 1991 Republic
Act 6425, the Dangerous Drugs Act of 1972
Juvenile Justice and Welfare Act of 2006.
Note: This is only an overview of the community-based program. This topic the
subject Non-institutional Correction
was deeply discussed in
3.4.2. RATIONALE FOR COMMUNITY BASED TREATMENT Prisons usually alienate
offenders from their family, friends and acquaintances. Due to overcrowding
prisons lead te dehumanizing conditions, which make reintegration and
resocialization even more difficult
Prisons spawn the formation of "subcultures" among prisoners that tend to
harden them. This is 50
because prisoners have to counteract the effects of deprivations of
imprisonment and the conditions prevailing in jails which are often rigid and
arbitrary Corrective actions and treatment measures are better achieved in a
natural environment sUch as the community where offendess com
highlight and re-live the areas of their life they want to change.
The community also provides a network of relationships and a range of
activities that enable offenders to know themselves better in a variety of real-
life situations, thus improving their social skills and enhancing their social
functioning Moreover, offenders are able to continue dispensing responsibilities
for many day-to-day basic socio-economic commitments such as managing a
home, budgeting resources, deciding on family matters, etc. when s/he is with
their family. This enables them to maintain self-esteem
3.4.3. BEST PRACTICES IN COMMUNITY BASED TREATMENT
THERAPEUTIC MODALITY (32)
After revisiting the concepts, approaches and modalities in community based
treatment of offenders in the Philippines, an appreciation of the "best
practices" for effective treatment measures during the pre-trial
trial, post-nal and post institutionalization is in order
1. Pre-Trial treating offenders at its smallest political unit level - the village or
"barangay The system is called "Katarungang Pambarangay and is aimed at the
amicable settlement of disputes at the barangay level. Settlements and awards
rendered under this system have the force and effect of a final court judgment.
Under the jurisdiction of the "Katarungang Pambarangay" are all disputes which
are
(1) The "Katarungang Pambarangay Village Justice System) The Philippines takes
pride in the fact that it has a unique and indigenous way of settling disputes and
punishable by imprisonment nat exceeding one (1) year or a fine not exceeding
P5,000 between and among partles actually residing in the same village, city or
municipality Non criminal cases outside of the coverage of the Katarungang
Pambarangay may be referred, for amicable settlement, to the "Lupong
Tagapamayapa" or peacekeeping board at any time before trial by the police,
prosecutor or court. It is headed by the barangay Chairman and not less than 10,
nor more than 20, members selected every three (3) years from among the
barangay residents or persons working in the barangay not otherwise
disqualified by law. A three-member "pangkat na tagapagkasundo" or
mediation team is constituted from among the Lupong Tagapamayapa to
continue conciliatory efforts when the barangay chairman tails to amicably
settle disputes submitted before the Lupon
So juvenile offenders are diverted from the criminal justice system, released on
recognizance and
placed under supervision of a responsible adult or are reunited with his/her
family under the supervision of a
social worker. Once diverted or out of detention, the youths are assisted in their
problems, in the context of
their family conditions and situations, through the formulation of a treatment
and rehabilitation plan. Most
of them are assisted to go back to school, to gain some skills or, if already able
to work, assisted in having self
or open employment. Their families concerns are also investigated and they are
linked to resources that can
help them. The Republic Act 306 or the Release on Recognizance Law also
applies to offenders whose penalty
is six (6) months or less and/or a fine of P2,000.00. They are usually released in
to the custody of a responsible
person in the community, Instead of posting a bail bond
2. Trial or Adjudication Stage (1) Suspended Sentence for Youth Offenders
Under the provisions of the Child and Youth Welfare Code. the execution of the
sentence of youth offenders is suspended and s/he instead is either committed
to the care and custody of the DSWD's rehabilitation centers for youths, or
placed under its custody supervision/probation service
The probationary treatment of juvenile offenders in the Philippines preceded
that of the adult offenders and started on December 3, 1924 when Act 3202, the
first juvenile delinquency law of the land was passed The probation service for
the youth offenders starts when, after formal adjudication, s/he is released to
their family, guardian or responsible person in the community under the direct
supervision of the DSWD Instead of commitment to a youth rehabilitation
center. The placement continues until such time that the Court terminates the
case upon proper recommendation of the DSWD social worker. The social
worker and the youth, together with their family, prepare a treatment and
rehabilitation plan that guides the youth Linkages and referral to community
services and institutions such as school, the church, nongovernment
organizations and other government agencies are maintained to enable the
early reintegration of the youth offender. Commitment to a DSWD
rehabilitation center for youths also offers various opportunities for an
offender's early reintegration to the community. These opportunities are
integrated in a package of programs and services with the acronym
"SHEPHERDS", namely (a) Social Services
(b) Hame-life Services (c) Educational Services (d) Psychological Services
(e) Health Services
() Economic Programs and Services in
Rehabilitation Centers
(s) Recreational Services (1) Developmental Service.