Therapeutic

Modalities

Prepared By: Mark John Suganob, MSCrim

 Chapter I

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

Do criminals or those who break the law still enjoy human rights?

- Criminals or those in conflict with the law are still protected by rights as indicated in
many legal documents such as the Philippines’ Criminal Code and UN’s Standard
Minimum Rules for the Treatment of Prisoners.

Human Rights

Those rights, which are inherent in our nature and without which, we cannot live as human beings. 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 rightfully taken away from a free individual. Cannot be given away or be forfeited.
4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a long passage of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other rights have already been
enjoyed.
6. Universal- It applies irrespective of one's origin, status, condition, or place where one lives. Rights can be
enforced without a national border.
7. Interdependent-The fulfillment or exercise of one cannot be had without the realization of the other.

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 governmental functions, the dignity that is the birthright of every human being is duly safeguarded.

Classification of Rights:

1. Natural Rights- God-given rights, acknowledged by everybody to be morally good. Unwritten, but prevail as
norms of the society.
2. Constitutional Rights- Conferred and protected by the constitution and which cannot be modified or taken
away by the law-making body.
3. Statutory Rights- Those rights which are provided by a law promulgated by the law-making body. May be
abolished by the body that created them.

Stages/concepts of Human Rights

（1) Idealization-Notions of human rights starts in the realm of ideas that reflect a consciousness against
oppression or inadequate performance of the State.
（ 2) Positivization - Where the support for the ideas becomes strong, and thus incorporate them into legal
instruments.
（3) Realization-When these rights are already being enjoyed by the citizens by the transformation of the
social, economic, and political order.

Three obligations of State Parties

1) 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 expressly allowed.

2) 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 victims of human rights, it must
adopt executive, judicial and legislative measures.

3) Obligation to protect - to prevent private individuals, groups, or entities from interfering with the individual's
civil and political rights.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

 The 1987 Constitution - The Constitution itself is a source not only the Bill of Rights. The 1987 Constitution
is the basic source of human law in the Philippines.
 As early as Biak na Bato, our forefathers are conscious of the rights of human beings.
 A novel feature of the 1987 Constitution is the independent constitutional office of the Commission of
Human rights, the first national human rights commission in the world
 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an independent
commission that investigates human rights violations and establishes programs of education and information to
enhance respect for the primacy of human rights.
 This Constitution is sometimes called as "Human Rights Constitution".
 The 1987 Constitution is the seventh Constitution drafted by Filipinos.

International Bill of Rights – U Thant, former Secretary General of the UN called the three (3) documents
and the Optional Protocol to the Covenant on Civil and Political Rights as "Magna Carta for mankind" and is
"the essential prerequisite for peace at home and 1 in the world".

Universal Declaration of Human Rights (UDHR)

 The Commission on 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 to the UDHR refers to the concepts of inherent human dignity and one inalienable nature of
human inherent. It is also called for inter-cultural consensus by indicating that a common understanding of the
rights and freedoms to is achieve promotion of universal respect for and observance of human rights and
fundamental freedoms.
 The UDHR is the first internationally adopted catalogue of human rights.
 Mary Robinson, former High Commissioner for Human Rights, said that the common language of humanity,
the language of human rights, is enshrined in the UDHR.

International Covenant on Civil and Political Rights (ICCPR)

 Adopted unanimously by 106 States and entered into force1976.

International Covenant on Economic, Social and Cultural Rights

CIVIL AND POLITICAL RIGHTS

Bill of Rights in the 1987 Constitution-

 The Bill of Rights is a regular fixture in all Philippine Constitutions, except in the Biak na Bato Constitution of
1897.
 1935 Constitution, 1973 Constitution, 1986 Freedom Constitution - Bill of Rights 1943 Constitution- Duties
and Rights 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 powers of the State in order to preserve constitutional harmony and stability.

 Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones in the private sphere
inaccessible to any power holder.
The provisions in the Bill of Rights can be classified into four (4) types.
(1) The completely new provisions. Section 12(4), 18(1), 19(2)
(2) The old provisions that contain amendments by addition Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13, 19(1)
(3) The old provisions where words and phrases were amended by deletion. Section 2, 15
(4) The cd provisions that remained intact. Section 1, 3(1), 5, 9, 10, 20, 21, 2
Comprehensive Agreement on Respect for Human Rights and International
Humanitarian Law - this is the fruit of the negotiations 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 (7) parts:
 The Preamble - introduces the Agreement and articulates the reasons for and the intention of the parties.
 Declaration of Principles and
 Bases, Scope, and Applicability
 Respect for Human Rights
 Respect for International Humanitarian Law
 Joint Monitoring Committee
 Final provisions

Human rights are the basic rights inherent to all human beings from birth until death. These rights include the
right to life and liberty, personal security, freedom from torture, freedom discrimination, and freedom from
arbitrary arrest, among others.

PREAMBLE

We, peoples of the Philippines, give the highest value to the dignity and fullness of life of the human
person and share a common aspiration for human rights—even as we speak different languages and dialects,
profess different spiritual beliefs, and uphold different ideologies.

Ours is a history of revolutionary struggle against all forms of oppression for national freedom, justice,
equality, and peace. The same struggle and aspirations for freedom and respect for human rights have
inspired our collective spirit to become a nation proud of our heritage and diverse culture. Today, we rekindle
the same revolutionary spirit in our struggle against the negative effects of globalization, debt burden,
environmental destruction, social inequality, and poverty. These make human and peoples’ rights our foremost
concern.

We assert that human and peoples’ rights are our fundamental, inherent, and inalienable rights to life,
dignity, and development. We recognize that these rights are universal, interdependent, and indivisible and are
essential to fulfill and satisfy our civil, political, economic, social, cultural, spiritual, and environmental needs.
They are what make us human.

The growing democratization process and human rights consciousness as exemplified in the active
participation and assertion of civil society have served as tools in opposing all forms of human rights violations
and all forces that block our development as individuals and as a nation.

Therefore, we hereby proclaim by this declaration, the basic standards for the protection, promotion, respect,
and fulfillment of human and peoples’ rights by the State.

INDIVIDUALS, SOCIETY, AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and respect for
these basic rights should be guaranteed, protected, and upheld by the State.

2. The State has the duty to safeguard and assure the dignity of its peoples as individuals and as m
embers of communities and ensure their capacity for self-development. The State should formulate
policies, enact laws and provide mechanisms that are in conformity with universal human rights
standards.

3. The State has the obligation to provide the highest standard of living for its citizens by eradicating
social, economic, political, cultural, and ethnic and gender inequalities. In the determination and
implementation of laws and policies, the government must always respect and consider the concerns of
women, children and youth, persons with disabilities, the mentally challenged, older persons,
indigenous and Moro peoples, the urban and rural poor, farmers and fisher folk, workers - local and
overseas, public or private, whether formally employed or not, displaced families and communities and
other vulnerable sectors, with the view to ensuring their empowerment.

4. The diversity and plurality of the Philippines must be safeguarded through respect and tolerance. The
State must respect and promote harmony and understanding between and among individuals,
 communities and peoples. It must uphold non-discrimination among peoples regardless of age, race,
ethnicity, religion, gender, physical ability, sexual orientation, social beliefs and political convictions.
Cultural traditions and institutionalized power shall not serve as justification for any form of violence,
abuse, neglect, or deprivation of human and peoples’ rights.

CIVIL RIGHTS

5. We have the right to life, liberty, security and property. We have the right to a transparent, credible,
competent and impartial justice system, free from influence and corruption, where wrongs are redressed
and justice is dispensed fairly, speedily and equitably. We must have equal access to the courts and
adequate legal assistance. We must be treated equally before the law regardless of our political, social
and economic status.

6. We have a right to the security and privacy of our persons and our homes. The State shall respect and
uphold our right to the privacy of communication, information, private transactions and affairs. The State
shall ensure our freedom of movement and liberty of abode.

7. The requirements of due process of law shall be observed before, during and after trial. The accused is
presumed innocent until proven guilty and shall enjoy the right against self-incrimination, the right to an
independent and competent counsel preferably of his or her own choice, and the right to be informed of
such rights.

8. Detainees and prisoners have the right to humane conditions of detention with adequate food, space and
ventilation, rest and recreation, sanitary and health services, and skills training. They have the right to
communicate with counsel, family and friends and be visited by them. The right to practice their religious
beliefs and to express themselves shall likewise not be denied. The State must provide separate
detention facilities for women and children in conflict with the law. Detainees and prisoners shall be given
the opportunity for correction and rehabilitation towards their reintegration into society.

9. No person shall be subjected to arrests, searches, seizures and detention without due process of law. No
suspect, detainee or prisoner shall be subjected to torture, force, violence, intimidation, harassment or
threats. No accused shall be subjected to trial by publicity. Neither shall cruel, inhuman or degrading
punishment or treatment or incommunicado or solitary confinement be imposed.

10. We have the right against involuntary disappearances. The State shall protect its citizens from all forms
of systematic and massive extrajudicial and summary killings. The State shall take responsibility for all
the acts of its State agents and give information and assistance to the families of the disappeared.

POLITICAL RIGHTS

11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to meaningful
representation, participation and decision-making about individual and community concerns shall be
recognized and maintained. The protection of life, liberty and property, the upliftment of economic
conditions and the promotion of the general welfare are essential prerequisites of a truly democratic
society.

12. Public office is a public trust. Transparency, accountability, integrity and competence are minimum
standards of good governance. It is the State’s duty to eliminate graft and corruption at all levels of the
bureaucracy. Towards this end, our right to information on matters involving public interest shall be
safeguarded.

13. We have the right to determine, participate, intervene and take action in all matters that directly and
indirectly affect our welfare. The freedoms of speech, press, association and peaceful assembly shall at
all times be recognized and protected by the State.

14. The State shall provide equal access to opportunities for public service to all competent and qualified
citizens. The State must equitably diffuse political power and prohibit political dynasties in accordance
with democratic principles.

15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and corrupt
regime by means consistent with general principles of human rights.
SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its citizens shall be
adequately nourished and free from hunger. The State has the obligation to establish a responsive
social housing program and protect the people from unjust evictions from their homes. Protection and
assistance shall be accorded marginalized families and vulnerable sectors of society.

17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally sensitive
education, responsive to our needs, which advances the culture of human rights.

18. The State must establish a responsive social welfare system that contributes to the continuous
improvement of its people and their lives. All public utilities should be accessible and affordable to meet
the peoples’ basic necessities.

19. Children and youth have rights to special care, education, health, and protection against all forms of
abuse, discrimination, exploitation, corruption, and conditions affecting their moral development. The
best interest of the child shall always take precedence in State policies and laws.

20. Women are partners of men in nation building. They have equal rights in civil, political, social, and
cultural aspects of life. The State shall protect and defend them from discrimination, exploitation,
trafficking, assault, battery and other forms of abuse and violence.

21. Men and women have reproductive rights. The State shall recognize the rights of all couples and
individuals to decide freely and responsibly the number, spacing and timing of their children and to have
the information and means to do so, and the right to attain the highest standard of sexual and
reproductive health. The State shall also recognize the rights of couples in making decisions regarding
reproduction free of discrimination, coercion and violence, as expressed in human rights documents.

22. The indigenous and Moro peoples have the right to equality with all other peoples and against all forms
of discrimination. They have the right to existence as distinct peoples free from assimilation as well as
the right to resist development aggression, which threatens their survival as a community. Thus, the
State shall assist and support them in the protection and preservation of their culture, language,
tradition and belief. They have an inherent right to their ancestral domain, which must be given urgent
immediate attention and protection by the State and should be respected and defended by all.

23. The State shall accord special protection to persons with disabilities. They have the right to enjoyment of
equal opportunity as well as appropriate and accessible social services, education, employment,
rehabilitation and social security.

24. Older persons shall be given preferential treatment by the State. They shall be given priority in terms of
accessible social security and health.

ECONOMIC RIGHTS

25. We have the right to a nationalistic and independent economic policy protected from foreign domination
and intrusion. We have the right to a self-reliant economy based on national industrialization. We have
the right to resist all forms of oppressive and unreasonable trade liberalization, to oppose a subservient
debt management strategy, and to repudiate all foreign debts that do not benefit the people. The State
shall develop efficient and effective debt management strategies that will benefit the people and shall
give preferential treatment to local capital.

26. We have the right to equal access to employment opportunities and professional advancement. The
labor force is the lifeblood of the country and all workers have the right to just compensation, dignified
and humane working environment, job security, the right to form and join unions and organizations, to
bargain collectively, to go on strike and to actively participate in political life. Discrimination in the work
place, sexual harassment, slavery, exploitation, and child labor shall not be tolerated. Moreover,
overseas workers have the right to enjoy the basic rights accorded to workers in their respective host
countries, consistent with international labor laws or standards.

27. Land, as a limited resource, bears a social function. The right to own land should be limited to Filipinos
and shall be guided by the principle of stewardship and subject to the demands of the common good.
 Peasants shall have the right to own the land they till through a genuine agrarian reform program
including support services. Landowners shall also be protected from land grabbers through effective
legal and administrative measures.

28. Fisher folk have the right of access to fishing grounds, to protection from foreign incursions and local
large- scale/commercial fishing business, to genuine aquatic reforms and to the preservation and
protection of communal fishing grounds.
29. We have the preferential right to the judicious cultivation, utilization, and preservation of our natural
resources which will ensure an ecological balance that can support and sustain the total physical and
economic well-being of every person, family and community.

30. The marginalized and vulnerable sectors shall have preferential access/control to credit and micro-
finance, and the right to skills and livelihood training, which shall contribute to the constant improvement
of their lives

COLLECTIVE RIGHTS

31. We have the right to self-determination. This right provides us with the freedom to develop ourselves as
peoples, preserve our culture and retain our national identity. Our peoples shall not be coerced into
assimilation, nor shall force evacuation, dislocation and displacement resulting from development
aggression and other State policies should be allowed. We have the right to resist any form of political,
economic, social or cultural domination by resorting to any legitimate means.

32. We have the right to a clean, safe and sustainable environment that supports an equitable quality of life.
Ecological balance must be preserved in the pursuit of national development because the capacity of
our resources to continue supporting our daily needs is limited. Collectively, we have the
intergenerational responsibility to protect, conserve and develop our natural environment for the
enjoyment of present and future generations of Filipinos.

33. We have the right to a social order, which is conducive to peace and development. It is the duty of the
State to undertake a comprehensive peace process that reflects the sentiments, values and principles
important to all peoples of the Philippines. Therefore, it shall not be defined by the State alone, nor the
different contending groups only, but by all peoples of the Philippines as one community. The promotion
and protection of our rights must be geared towards international understanding, solidarity among
peoples and nations, and friendship among all racial, ethnic or religious groups.

WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans, regardless of their nationality, race, gender, religion, language, or
sexual orientation. The concept of human rights may not be new, but it’s gone through significant changes over
time. In the past, only the rights of privileged groups of people were respected. In 1948, the newly-formed
United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). This codified
the necessity of human rights for all. International law, national constitutions, and other conventions support
and expand on the UDHR. What kinds of human rights exist?

THEORETICAL CATEGORIZATIONS

Some theories help us understand where the concept of current-day human rights comes from. “Natural
rights” are a very old philosophical concept. Related to natural law, natural rights refer to rights that are
universal and inalienable. They are not related to any government or culture. By being human, a person is
entitled to their natural rights. That’s where we get the concept of universal human rights. Another example of
human rights categorization is the distinction between positive rights and negative rights. The state must
provide access to positive rights, like food, housing, education, and healthcare. Negative rights refer to the
freedom from certain things, like slavery, torture, and suppression. It’s the state’s role to ensure these
violations do not occur. In the “three generations” framework of human rights law, which has most impacted
Europe, negative rights are first generation, while positive rights are part of the second and third generations.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

34. The UDHR and other documents lay out five kinds of human rights: economic, social, cultural, civil, and
political. Economic, social, and cultural rights include the right to work, the right to food and water, the right to
housing, and the right to education. Documents like the International Covenant on Economic, Social, and
Cultural Rights, which was established in 1976, protect these rights. Conventions like the Convention on the
Rights of the Child safeguard the economic, social, and cultural rights of specific groups. As with all types of
human rights, the state’s responsibility is to protect, promote, and implement economic, social, and cultural
rights. Specific examples in this category include:

 The right to work in a safe environment for a fair wage

 The right to access medical care, including mental health care
 The right to accessible education
 The right to adequate food, clothing, and housing
 The right to affordable sanitation and clean water
 The right to take part in cultural life
 The right to enjoy the benefits of scientific progress
 The right to social security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal Declaration of Human Rights. They
state that people must be allowed to participate freely in civil and political life without facing repression or
discrimination. While economic, social and cultural rights are framed as rights a person is entitled to, most civil
and political rights are about protection from certain things, like torture and slavery. Documents like the
International Covenant on Civil and Political Rights and its two Optional Protocols outline rights such as:

 The right to life, which is violated by actions like death by torture, neglect, and use of force
 The right to freedom of expression, which is violated by restricting access to ideas and limiting press
freedom
 The right to privacy, which is violated by intruding on a person’s sexual life or personal data
 The right to asylum, which is violated by deporting someone to a country where their lives are at risk
 The right to a fair trial and due process, which is violated by a court that’s not impartial and excessive delays
 The right to freedom of religion, which is violated when someone is punished for following their beliefs or
forced to adopt another religion
 The right to freedom from discrimination, which is violated when traits like race, gender, religion, etc. are
used as justification for actions like being fired from a job.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

(ABBREVIATED)
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

Custodial Rights of a Person

Section 12, Article lll of the 1987 Constitution 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 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 not custodial interrogation of the defendant
unless 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 not custodial
interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure
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 safeguard 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 as 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?

The right to be informed of his rights

- i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This carries the
correlative obligation on the part of the investigator to explain and contemplates effective communication which
results in the subject understanding what is conveyed.

The right to remain silent and to be reminded that anything he says can and will be used against him.
- This refers not only to verbal confessions but also acts. However, mechanical acts that does not
require the Use to intelligence (such as providing DNA samples) or to answers of general questions are not
protected under this right.

The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him
- This right is absolute and applies even if the accused himself is a lawyer. The right is more particularly
the right to independent and competent. An independent counsel is one not hampered with any conflicts of
interest, and a competent counsel is one who is vigilant in protecting the rights of an accused.

Right against torture, force, violence, threat, intimidation or any other means which vitiate the free will
of the person.

Right against secret detention places, solitary, incommunicado, or other similar forms of detention.
- Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the Exclusionary Rule, i.e. it is
excluded from the evidence to be considered by the court during trial. Such confession or admission is tainted
and must be suppressed under the “Fruit of the Poisonous Tree” Doctrine.

REPUBLIC ACT NO. 7438 -April 27, 1992

- 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.

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.

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumb marked 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;
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).

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.
 CHAPTER 2

Government Programs for the Welfare of the Victims

A. Victims Compensation Program (Department of Justice)

 What is the law creating the Board of Claims?

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

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

One of the more vexing problems in the area of justice and human rights is the implementation
of the constitutional provision against the deprivation of life, liberty and property without due
process of law. Persons have been accused and imprisoned for crimes they did not commit,
only to be subsequently acquitted. Government and society have become notably indifferent to
victims of crimes and criminals. A judicial way of filing a claim for compensation may be too
long. Congress opted for an administrative procedure of filing the claims by creating the Board
of Claims.

 Who may apply for compensation?

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

 When should a claim be filed?

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

 How is a claim filed?

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

 How much is given to a qualified applicant?

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

 When is the effective date of R.A. 7309 for the purpose of processing of applications for payment of claims?
Sec. 12 of R.A. No. 7309 provides:

"This Act shall take effect after its publication in two (2) newspapers of general circulation."
R. A. No. 7309 was published on 13 April 1992 in the Philippine Star and Philippine Dail Inquirer, hence, the
effectivity day of R.A. No. 7309 is 14 April 1992

The provisions of the Act shall be applied prospectively. All incidents or bases for filing an application under
Sec. 3 of R.A. 7309 must have happened on or after 14 April 1992 and within the period provided for in No. 4,
to be covered by the law.
 May the decision of the Board of Claims be appealed?
Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15) days from
receipt of the resolution of the Board, to the Secretary of Justice whose decision shall be final
and executory."

B. Rape Victim Assistance and Protection

 Republic Act 8505: Rape Victim Assistance and Protection Act of 1998
 Rape Crisis Center. — The Department of Social Welfare and Development (DSWD), the Department of
Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ),
and a lead non-government organization (NGO) with proven track record or experience in handling sexual
abuse cases, shall establish in every province and city a rape crisis center located in a government hospital or
health clinic or in any other suitable place for the purpose of:

a) Providing rape victims with psychological counselling, medical and health services, including their medico-
legal examination;
b) Securing free legal assistance or service, when necessary, for rape victims;
c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;
d) Ensuring the privacy and safety of rape victims;
e) Providing psychological counselling and medical services whenever necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers,
medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender
sensitivity and legal management of rape cases; and
g) Adopting and implementing programs for the recovery of rape victims.

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

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

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

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

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

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

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

Executive Order No. 53

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

Role of the CSPC

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

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

Mission Statement
Guided by the principles of non-discrimination, best interest of the child, respect for the views
of the child, and the right of the child to life, as well as Article 19 of the CRC, as codified under
RA 7610, the SCPC shall ensure that all children in the Philippines are provided legal protection,
within a child sensitive justice system.

Who is considered a child under R.A. No. 7610?

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

What is child abuse?

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

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

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

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

What physical injury is considered as child abuse?

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

What psychological injury is considered as child abuse?

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

What is child neglect?

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

What is child sexual abuse?

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

What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child to perform in obscene exhibitions and
incident shows, whether live, on video or film, or to pose or act as a model in obscene or pornographic
materials, or to sell or distribute said materials.

Where can one report child abuse cases?

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

Who are required by law to report child abuse cases?

The following must report child abuse case:

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

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

Who can file a complaint for child abuse?

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

Where should a complaint for child abuse be filed?

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

Protecting Filipino Children From Abuse, Exploitation and Violence

MAJOR STRATEGIES AND CORE INTERVENTIONS (Comprehensive Programme on Child

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

A. Preventive Actions and Early Interventions

1. Sensitizing families, communities and LGUs
2. Facilitating effective access of children at risk to relevant early and basic education and vocational training
3. Equipping children with knowledge and skills to protect themselves
4. Promoting responsible and effective parenting education for families
5. Supporting livelihood activities and facilitating access to credit and employment opportunities
6. Organizing, activating and strengthening local councils for the protection of children

B. Rescue, Recovery, Healing and Reintegration

1. Strengthening monitoring and rescue mechanisms
2. Improved psychosocial recovery and healing services and reintegration of children into their families and
communities
3. Promoting alternative family care for children deprived of a family environment
4. Family and community empowerment to facilitate psychosocial recovery, healing and social reintegration
5. Upgrading technical competencies of program managers, supervisors, social workers, and other service
providers in helping children.

C. Legal and Judicial Protection Measures

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

CHAPTER 3

Review on the Relevant Topics in Institutional Corrections and Non-Institutional Corrections

Corrections in Philippine Setting

UN’s Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)

Part I. RULES OF GENERAL APPLICATION (Rules 1 - 85)

Part I of the rules covers the general management of prisons, and is applicable to all categories of
prisoners, criminal or civil, untried or convicted, including prisoners subject to “security measures” or corrective
measures ordered by the judge.

BASIC PRINCIPLES:
o Rule 1
- All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.
No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or
degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.
The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.

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

2. In order for the principle of non-discrimination to be put into practice, prison administrations shall take
account of the individual needs of prisoners, in particular the most vulnerable categories in prison
settings. Measures to protect and promote the rights of prisoners with special needs are required
and shall not be regarded as discriminatory.
o Rule 3
- Imprisonment and other measures that result in cutting off persons from the outside world are afflictive
by the very fact of taking from these persons the right of self-determination by depriving them of their liberty.
Therefore, the prison system shall not, except as incidental to justifiable separation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.

o Rule 4

1. The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are
primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved
only if the period of imprisonment is used to ensure, so far as possible, the reintegration of such
persons into society upon release so that they can.

2. lead a law-abiding and self-supporting life. To this end, prison administrations and other competent
authorities should offer education, vocational training and work, as well as other forms of assistance
that are appropriate and available, including those of a remedial, moral, spiritual, social and health-
and sports-based nature. All such programmes, activities and services should be delivered in line
with the individual treatment needs of prisoners.
o Rule 5

1. The prison regime should seek to minimize any differences between prison life and life at liberty that
tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.
 2. Prison administrations shall make all reasonable accommodation and adjustments to ensure that
prisoners with physical, mental or other disabilities have full and effective access to prison life on an
equitable basis.

RULES APPLICABLE TO SPECIAL CATEGORIES (Rules 86 - 122)

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

A. Prisoners under sentence

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

Penology

Penology is the study of punishment for crime or of criminal offenders. It includes the study of control
and prevention of crime through punishment of criminal offenders. It is a term derived from the Latin word
“POENA” which, means pain or suffering.

Penology is also otherwise known as Penal Science. It is actually a division of criminology that deals
with prison management and the treatment of offenders and concerned itself with the philosophy and practice
of society in its efforts to repress criminal activities.

Principal Aims of Penology:

1. To bring light in the ethical barriers of punishment, along with the motives and purposes of society inflicting
it.
2. To make comparative study of penal* laws and procedures through history between nations.
3. To evaluate the social consequences of the policies enforced at a given time.

Penal Management

Penal management is the manner or practice of managing or controlling places of confinement as in

jails or prisons.

CORRECTION

Correction is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the body of
knowledge and practices of the government and the society in the general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and control.

Correction as a Process

Correction as a process is the reorientation of the criminal offender to prevent him or her from repeating his
delinquent actions without the necessity of taking punitive action but rather introduction of individual measures
of reformation.

Correction Administration

It is the study and practice of a systematic management if jails or prisons and other institutions concerned with
the custody, treatment, and rehabilitation of criminal offenders.

Correction and the Criminal Justice System

The Criminal justice System is the machinery of any government in the control and prevention of crimes and
prevention of crimes and criminality. It is composed of the pillars of justice such as: the Law enforcement Pillar
(Police), the Prosecution Pillar, the Court Pillar; the Correction Pillar, and the Community Pillar.
The three executive departments of the government. (Implementation)

1. DOJ - manages the national prisoners

A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation of prisoners so they can
become useful members of society upon completion of their service of sentence.
B. Board of Pardons and Parole (BPP) - recommends to the President the prisoners who are qualified for
parole, pardon or other forms of executive clemency in the form of reprieve, commutation of sentence,
conditional pardon and absolute pardon.
C. Parole and Probation Administration (PPA) - conducts post-sentence investigation of
petitioners for probation as referred by the courts, as well as pre-parole/pre-executive clemency
investigation to determine the suitability of the offender to be reintegrated in the community
instead of serving their sentence inside an institution or prison; exercise general supervision
over all parolees and probationers and promotes the correction and rehabilitation of offenders
outside the prison institution.

2. DILG - manages inmates who are undergoing investigation, awaiting or undergoing trial,
awaiting final judgment and those who are convicted by imprisonment of up to three (3) years.

A. Bureau of Jail Management and Penology (BJMP) has jurisdiction over all municipal, city and
district jail national wide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention facilities in its different police
stations nationwide.

3. DSWD - manages sentenced youth offenders.

TREATMENT AND PUNISHMENT

TREATMENT
- The process or manner of treating someone or something.
- It is used in treating, enhancing, or improving the performance, condition, or appearance of someone or
something

TWO KINDS OF TREATMENT

1.) Institutional Treatment

- Emphasizes this readiness message in all treatment phases, underlining a strong motivational and
relapse prevention message. Ideally, the institution's treatment program is part of a system that includes
community-based services, rather than disconnected from the community. Treatment programs within prisons
and jails can encourage participation of community programs in the transition process. One of the goals of the
transition from institutional treatment to community-based treatment is to make better use of institutional
treatment as a stepping stone to help offenders become self-sufficient, productive members of society.

2.) Non-institutional Treatment /Community-Based Treatment

- It refers to that method of correcting sentenced offenders without having to go to prison

Community-based treatment programs provide services to offenders in transition from institutional settings.

MODALITIES IN THE TREATMENT OF OFFENDERS IN THE PHILIPPINES

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)- for offenders whose sentence range from one (1)
day to three (3) years;
2. The Provincial Governments, which have supervision and control over provincial jails for 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 for offenders with sentences ranging from three (3) years and one (1) day, to life
imprisonment.
REHABILITATION

- helps ease the offender's reentry into society

- Cares that can help you get back, keep, or improve abilities that you need for daily life.
These abilities may be physical, mental, and/or cognitive (thinking and learning)

COUNSELING
- Counselling is a form of ‘talk therapy’. It is a process where an individual, couple or family meet with a
trained professional counsellor to talk about issues and problems that they are facing in their lives.
Professional counselling is confidential and non-judgmental.

PUNISHMENT

- The act or process of punishing, imposing and/or applying a sanction.

FOUR KINDS OF PUNISHMENT

1. Retribution-punishment inflicted on someone as vengeance for a wrong or criminal act.

2. Deterrence- It refers to an action of discouraging an event or action through instilling doubt or fear of the
consequences.
3. Rehabilitation- It is a care that can help you get back, keep, or improve abilities that you need for daily life.
These abilities may be physical, mental, and/or cognitive (thinking and learning).
4.) Societal Protection- It consists of policies and programs designed to reduce poverty and vulnerability by
promoting efficient labor markets, diminishing people's exposure to risks, and enhancing their capacity to
manage economic and social risks, such as unemployment, exclusion, sickness, disability, and old age.

REWARD
-A thing given in recognition of one's service, effort, or achievement.

PENALTIES
-A punishment imposed for breaking a law, rule, or contract. The reintegration of offenders into their
own community and society is one of the universally accepted goals of corrections, whether the latter is carried
out in institutions or through non-custodial measures. To ensure that offenders discharged from detention
enters, jails, penal institutions or rehabilitation centers re-claim their part and role in society, there is a need
to assist them in their reunification with their families and reentry into the community.

PHILIPPINE PRISON SYSTEM

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

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

National Prison/Insular Prison

1. Bureau of Prisons/Corrections-Muntinlupa City
A. NBP - Maximum Security Prison
B. Camp Sampaguita - Medium Security Prison
C. Camp Bukang Liwayway - Minimum Security Prison
2. Reception and Diagnostic Center (RDC)
3. Correctional Institution for Women (CIW) - Mandaluyong City
4. Penal Colonies:
a. Iwahig Prison and Penal farm in Palawan
b. Davao Prison and Penal farm in Davao del Norte
c. San Ramon Prison and Penal Farm in Zamboanga City
d. Sablayan Prison and Penal Farm in Occidental Mindoro.
e. Leyte Regional Prison in Abuyog Leyte.
 Standards on Treatment and Rehabilitation of Prisoners/Inmate/PDL

A. Safety and Orderly

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

Aims of Institutional Security and Control

1. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order

Essential Requisites for Sound Custody, Security and Control

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

Custody – is the guarding or penal safekeeping, it involves security measures to ensure security and control
within the prison. The Prison Custodial Division carries it out. The Prison Custodial Division is charged of all
matters pertaining to the custody of the Prisoners and security of the institution.

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

COMPOSITION:
 Chairman- assistant warden
 Members- chief security officer, medical/ public health officer, social worker/rehabilitation officer

Functions of the Disciplinary Board

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

The board is tasked to investigate the facts of the alleged misconduct referred to it by the warden:

Authorized Disciplinary Penalties:

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

Limitation of Punishment
 No female inmate is subjected to any disciplinary punishment which might affect her unborn or nursing child
 No impaired or handicapped inmates shall be meted out with punishment corporal and inhuman punishment
is prohibited
 Medical examination is required when solitary or extra fatigue punishment is imposed
 Jail physician may recommend termination of punishment on grounds of physical or mental health
Procedure in Hearing Disciplinary Cases

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

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

 The warden shall evaluate the report and if he believes that there is no sufficient evidence to support the
alleged violation, he shall dismiss the case. If he believes there exist sufficient evidence, he shall decide the
case and impose the necessary penalty in case of minor violation. If the case is less grave or grave, he shall
endorse it to the board for hearing or decide it himself as a summary disciplinary officer if there is no
disciplinary board.

 The inmate shall be confronted to the reported violation and ask how he pleads to the charge. If he admit the
violation or pleads guilty, the board shall impose the corresponding punishment.

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

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

 Whether the inmate is found guilty or not, he should be advised to obey the rules and regulations strictly and
reminded that the good behavior is indispensable for his early release and or the granting of privileges.

 Decision of the board/ summary disciplinary officer is subject to the review and approval by the warden
and/or the higher authority. The inmate may request a review and approval by the and/ or the higher authority.
The inmate may request a review on the findings of the board and the propriety of the penalty to the central
office, BJMP decision shall be final.

Note: Punishable acts inside the jail are categorized into three which are Minor Offenses, Less Grave
Offenses and Grave Offenses.

Commitment and Classification of Prisoners and Detainees

- A person can be committed to jail only upon the issuance of an appropriate order by a competent
court or authority so mandated under Philippine laws. This Rule enumerates courts and authorities, and
classifies inmates according to the conditions for their commitment.

Commitment - means entrusting for the confinement of an inmate to a jail by competent court or authority, for
the purposes of safekeeping during the pendency of his/her case.

Courts and other Entities Authorized to Commit a Person to Jail- The following (courts and entities) are
authorized to commit a person to jail:

a. Supreme Cort;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest and commit a person to jail.
Classification - refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.

Categories of inmates -The two (2) general categories of inmates are:

a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment.
Classification of prisoners - The four (4) main classes of prisoners are:

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

Classification of detainees - The three (3) classes of detainees are those:

a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.

Inmates Security Classification-The following are the classifications of inmates according to security risk
each may pose:

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

PDLs Admission Process and Procedures in the BJMP, Provincial Jails & BUCOR

The Classification Movement

The reorganization or the federal prison system in 1930, stared the movement for modern correctional
reforms. The most recent developments in individualization of treatment and training of prisoners. State
correctional system have adopted California’s system of diversification by institution and diversification within
the institution in the year 1944. Today, no prison system which has effectively without this program. Through
such reorganization the Reception and Guidance Center was established. It’s a new type of institution for the
study of the prisoner and preparation of his treatment and training program in prison.
Classification and Diversification Difference

Classification
- Is the placing of prisoners into types or categories for the implementation of the best treatment
programs. It is a method by which diagnostic treatment planning and execution of treatment
programs are coordinated in individual cases.

Diversification
- Is an administrative device of correctional institutions of providing varied and flexible types of
physical plants for more effective control of the treatment programs of its diversified population. It is
the separation of different types of inmates for sound execution of their treatment and custody.

The Classification Process

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

Objectives of Classification Process

- The objectives of classification are the development of an integrated and realistic programs of the
prisoner arrived at through the coordination of diagnosis, planning and treatments activities and an informed
continuity of these activities from arrival to release of the prisoner.

The Three Phases of Classification

1. Diagnosis- this done inside the reception center in which the inmates will undergo series of test, e.g.
physical, mental and medical examination in other to determine the inmates condition.
2. Treatment Planning- this will take place in the reception center, which is a special unit from the
prisoner or in the classification clinic of the prison. (After the staff interview and staff conference is done, it will
be then part of the admission summary).
3. Execution of the Treatment Program- this will take place in the operating institution or prison.

Admission Procedure in Prison

 Receiving – prisoners from city or provincial jails were transferred in the national prison after conviction by
final judgment if the penalty is more than three years. The prisoners are received at the reception and
diagnostic Center for examinations.
 Checking – this includes the checking of papers and other documents of prisoner by the prison
administrator, such as travel document or commitment order issued by judge.
 Identification – proper identification of prisoner is done through his picture and fingerprint.
 Searching – this involves frisking and searching hidden dangerous things or weapons and other
contraband.
 Orientation – this is the reading of rules and regulations of the prisons.
 Assignment – prisoner is sending to quarantine unit for a period of seven to ten days.

Classification of Inmates as to Entitlement of Privileges

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

Qualifications of a Colonist
 be at least a first-class inmate and has served one (1) year immediately preceding the completion of the
period specified in the following qualifications;
 has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the maximum term of
his prison sentence, or seven (7) years in the case of a life sentence.
Privileges of a Colonist
 Credit of an additional GCTA of five (5) days for each calendar month while he retains said classification
aside from the regular GCTA authorized under Article 97 of the RPC (not applicable under present law);
 Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years;
 As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily
household supplies from the government commissary in addition to free subsistence; and
 To wear civilian clothes on such special occasions as may be designated by the Superintendent.

Privilege of an Inmate in Visiting Relatives Who Died

 To view the remains of a deceased relative and all its supporting documents shall be filed with the
Superintendent at least two (2) days before the enjoyment of the privilege sought.
 Inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the
remains lie in state.
 The privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30)
kilometers by road from the prison. Where the distance is more than thirty (30) kilometers, the privilege may be
extended if the inmate can leave and return to his place of confident during the daylight hours of the same day.

Time-Release Education
Thirty (30) days prior to his scheduled date of release, an inmate is transferred to the Separation and
placement Center for the purposes of reorientation with the ways of free society. Service of Non-Governmental
Organization and their religious sector are made possible to the offenders prior to release from prison to assist
in their reintegration to society.

Release

The authorities who approve the release of an inmate are:

a. The Directors of the Bureau of Corrections upon the expiration of the sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases of acquittal of the accused prisoner or
grant of bail.
d. The President of the Philippines in cases of Executive Clemency or Amnesty.

A release prisoner is supplied by the bureau with transportation fare to his home plus gratuity of fifty
pesos (P50.00) to cover the cost subsistence en route, and suit of decent clothes.

Guidelines in Reception and Admission Procedures in Jails

Step 1. Checking of Credentials by the Desk Officer:

Carefully Examines the Following Documents:
 Commitment Order/ Mittimus;
 Information;
 Medical Certificate
 Police Booking Sheet

Entries to be scrutinized in the documents:

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

Step 2. Search of detainee/prisoner by the Searcher

 Strip Searching of Detainee/Prisoner;
 Taking all cash and other personal property from the inmate and issue receipt;
 Turn -over all cash and valuables of the inmate to the Property Custodian for safe
keeping with official receipts.

Step 3. Physical examination/appraisal by the Jail Medical personnel

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

Step 4. Taking of fingerprints and photograph, accomplish a jail booking, and complete the documents
required in the Carpeta.

Accomplish the Following Documents:

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

Step 5. Orientation of inmate to jail rules and policies and about Article 29 of the RPC/ R.A. 6127
(detainee’s manifestation) by the chief custodial or the officer of the day.
- Appraise the detainee, preferably in the dialect which he/she understands, that under Article 29 of the
Revised Penal Code, as amended by R.A. 6127, that his her preventive imprisonment shall be credited in the
service of his/her sentence, consisting of deprivation of liberty for the whole period he/she is detained if he/she
agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners;
Provided, that he/she is not a recidivist, or has not been previously convicted twice or more times of any crime;
and when, upon being summoned for the execution of his/her sentence, he/she surrendered voluntarily.

Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:

a. Chairman- Deputy Warden
b. Member- Chief, Custodial/Security Office
c. Member- Medical Officer/ Public Health Officer
d. Member- Jail Chaplain
e. Member- Inmates Welfare and development Officer
 CHAPTER 4

Treatment Programs and Rehabilitation of the Different Confinement Facilities

1. BJMP Programs

A. Major Programs

There are four (4) major programs under the mandate of BJMP and they are the following:
1. Inmates’ custody, security and control program.
2. Inmates’ welfare and development program.
3. Decongestion program.
4. Good governance.

B. Core Programs

a. Provisions of Basic Needs

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

b. Health Services
- Health services for PDL consist of interventions towards the prevention, promotion, treatment
of illnesses and rehabilitation. All PDL undergo medical assessment upon admission. During
confinement, PDL are provided with health education and counseling, medical consultations, regular
health monitoring, and provided medicines subject to availability. To maintain the physical health of
PDL, they are allowed daily sunning and physical exercises.

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

d. Skills Training/ Enhancement Program

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

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

BJMP implements the Therapeutic Community Modality Program (TCMP) to manage andmodify
behaviors of PDL with the goal of positively changing their thinking and behavior through structured
group processes. The program endeavors to teach and model positive thinking, pro- social values,
good decision-making, and positive coping. Through the program, PDL are trained on socially
acceptable ways of behaving and relating with their fellow PDL and with personnel and visitors thereby
fostering a therapeutic jail environment and maintaining a peaceful communal atmosphere.

g. Interfaith Program

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

h. Cultural and Sports Program

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

i. Paralegal Program

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

j. E-Dalaw

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

C. Support Services

a. Human Rights Desks

Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human
Rights Affairs Officer. The main function of the Human Rights Desk is to receive complaints
concerning human rights violations from PDL and visitors and to report the complaints thru the
appropriate reporting system to the concerned BJMP offices and to the Commission on Human
Rights for investigation and appropriate action.

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

c. Referrals for Aftercare

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

D. Special Program for Vulnerable Groups

a. Services for Pregnant PDL

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

b. Services for Senior Citizen PDL and PDL with Disabilities

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

c. Services for PDL with other Special Needs

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

d. Mental Health Services

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

e. Drug Counseling for PDL with Substance use Disorder

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

2. BUCOR Reformation Programs

A. Work and Livelihood

The Bureau offers a variety of inmate work programs, from agricultural to industrial. The
purpose of the inmate work program is to keep the inmates busy, and to provide them money for their personal
expenses and their families as well as help them acquire livelihood skills, in order that they may become
productive citizens once they are released and assimilated back into the mainstream of society. Different
prison and penal farms provide institutional work programs for inmates. At the Davao Penal Colony, inmates
work on the banana plantations of Tagum Development Company (TADECO) which has a joint venture
agreement with the Bureau. Similarly, the vast tracts of land at the Iwahig Penal Colony are developed and
tilled by inmates to produce various agricultural products, thereby generating income for the Bureau. The
Sablayan Prison and Penal farm also provides agriculture and aquaculture programs for inmates. Along this
end, the Bureau under the present Director has encouraged agricultural and industrial production by providing
farming implements, tractors, fertilizers and other inputs in order to sustain this area of rehabilitation for
inmates.

B. Healthcare Services

Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s
medical history is recorded and properly documented by the Medical Specialist. Medical information and
mental status examinations are given to ascertain his overall physical / mental fitness and whether he would be
fit for work. This forms part of the diagnostic process which will eventually determine the most appropriate
rehabilitation program for the inmate.

The principal medical care of inmates is provided through a 500-bed capacity hospital at the
New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six (6) other prison and penal farms. All
correctional facilities have a full and competent staff of medical practitioners in charge of clinics, infirmaries and
hospitals. These centers are capable of minor surgical operations, laboratory examinations, radiology,
psychiatric, rehabilitation and dental treatment.

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

C. Education and Skills Training

Rehabilitation can be facilitated by improving an inmate’s academic and job skills. Records
show that many prisoners are poorly educated. A majority are elementary school drop outs or have not even
finished primary school. Prison education amounts to remedial schooling designed to prepare inmates to
obtain basic skills in reading, writing and mathematics.

In most correctional facilities, vocational programs are incorporated into job assignments and
serve as on-the-job training. The goal is to provide inmates with skills that will improve their eligibility for jobs
upon release. Most prison vocational training is geared toward traditional blue-collar employment in areas such
as electronics, auto mechanics and handicrafts. At the Reception and Diagnostic Center, a basic computer
literacy course with typing as a support course is available for inmates who have finished at least high school
level.
Vocational training and social education focus on job readiness. The concern in these areas is
life skills. If inmates are to reenter society and abstain from criminal activity, they must be employable and have
the basic tools necessary to function as responsible citizens.

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

D. Sports and Recreation

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

All prison and penal farms have adequate recreational facilities for inmates, both for outdoor
and indoor sports. Mini-bodybuilding gyms are available in most prison facilities, including the Muntinlupa
Juvenile Training Center and the Therapeutic Community Center for inmates with drug cases. For music lovers
and musically-inclined inmates, numerous "videoke" centers are available. Musical instruments are available
for practice or for use in variety shows.
 E. Moral and Spiritual Program

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

F. Therapeutic Community

The Therapeutic Community (TC) Program represents an effective, highly structured

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

Patterned after Daytop TC, New York which is the base of the Therapeutic Community
movement in the world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards
inmate rehabilitation. It is implemented primarily but not limited to drug dependents.

The TC approach has been continuously proven worldwide as an effective treatment and
rehabilitation modality among drug dependents, and have been noted to be effective in many prisons. By
immersing a drug offender in the TC environment, he learns why he had developed his destructive habits,
which led him to substance abuse. The program modifies negative behavior and or attitudes while restoring
self-confidence, and prepares inmates for their 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 is in line with its commitment to create a Drug-Free Prison. Worldwide developments in the
treatment and rehabilitation of drug offenders using this therapeutic community approach have been noted to
be effective in many prisons.

CHAPTER 5
Therapeutic Modalities

I. Therapeutic Modalities: Background

A 'therapeutic approach' is the lens through which a counsellor addresses their clients' problems.
Broadly speaking, the therapeutic approaches of counsellors fall into two categories: behavioral and
psychodynamic. Behavioral approaches are usually short-term and address your behavior and thought
patterns.

The therapeutic community (TC) is an intensive and comprehensive treatment model developed for use
with adults that has been modified successfully to treat adolescents with substance use disorders. TCs for the
treatment of addiction originated in 1958, a time when other systems of therapy, such as psychiatry and
general medicine, were not successful in treating alcohol or substance use disorders. The first TC for
substance users (Synanon) was founded in California by Chuck Dederich, one of the earliest members of
Alcoholics Anonymous (AA), who wanted to provide a controlled (substance-free) environment in which alcohol
and substance users could rebuild their lives, using the principles of AA along with a social learning model (De
Leon, 1995a).

The core goal of TCs has always been to promote a more holistic lifestyle and to identify areas for
change such as negative personal behaviors--social, psychological, and emotional--that can lead to substance
use. Residents make these changes by learning from fellow residents, staff members, and other figures of
authority. In the earliest TCs, punishments, contracts, and extreme peer pressure were commonly used. Partly
because of these methods, TCs had difficulty winning acceptance by professional communities. They are now
an accepted modality in the mainstream treatment community. The use of punishments, contracts, and similar
tools have been greatly modified, although peer pressure has remained an integral and important therapeutic
technique.

Originally, the large majority of residents served by TCs were male heroin addicts who entered 18- to
24-month residential programs. By the mid-1970s, a more diverse clientele was entering treatment; 45 percent
used heroin alone or in combination with other substances, and most were primarily involved with a range of
substances other than heroin, such as amphetamines, marijuana, PCP, sedatives, and hallucinogens. By the
1980s, the large majority of those entering treatment in TCs had primarily crack or cocaine problems. The
percentage of women entering treatment grew, and they presented with different problems, including extremely
dysfunctional lives and more psychopathology. Although several adolescent TCs have been in operation since
the late 1960s, increasing numbers of younger people sought treatment during the 1980s, and many previously
all-adult communities began admitting adolescents. With the inclusion of youths in these adult TCs, education
and family services were added as important program components.

The TC model has been modified over time to include a variety of additional services not provided in
the early years, including various types of medical and mental health services, family therapy and education,
and educational and vocational services. In the beginning, nearly all staff members were paraprofessionals
recovering from addiction; over the years, increasing numbers and types of professionally trained specialists
have been employed by TCs and are now serving in staff or consultant positions.

A therapeutic approach is the theory by which a psychologist or counsellor frames how they view
human relationships and the issues that occur for people throughout their lives. Psychotherapy is a
conversational treatment which works to enable you to better cope with negative emotion, to enjoy positive
emotion and an enlivened state of mind and to build satisfying and enduring relationships. Psychotherapists, or
counselors and psychologists who use psychotherapeutic techniques, tend to work with their clients at a deep
level – closely investigating your experience of your relationships, your family history, your upbringing, life
experience and personality. These psychotherapeutic conversations allow you to understand more about how
you function and how your functioning impacts how you respond to people and situations in your life.

Different Approaches to Psychotherapy

⮚ Psychoanalysis/ Psychodynamic Therapy

- This approach focuses on changing problematic behaviors, feelings, and thoughts by discovering their
unconscious meanings and motivations. The psychological interpretation of mental and emotional processes.
This was developed by Sigmund Freud that emphasizes the role of the unconscious in shaping behavior,
thoughts, and feelings. It seeks to uncover repressed memories, desires, and traumas through techniques like
free association and dream analysis. The process usually involves dialogue between a patient and a
psychoanalyst, often focusing on the patient’s dreams and childhood memories.

⮚ Behavior Therapy
This form of therapy seeks to identify and help change potentially self-destructive or unhealthy behaviors. It
refers to a range of treatments and techniques which are used to change an individual's maladaptive
responses to specific situations.

⮚ Cognitive Behavioral Therapy (CBT)

It is based on the concept that your thoughts, feelings, physical sensations and actions are interconnected, and
that negative thoughts and feelings can trap you in a vicious cycle. This aims to help you deal with
overwhelming problems in a more positive way by breaking them down into smaller parts. The CBT seeks to
address negative thoughts and feelings that have become a pattern and transform them into positive and
more productive thoughts and feelings about the situation.

⮚ Humanistic Therapy
 It is a mental health approach that emphasizes the importance of being your true self in order to lead
the most fulfilling life. It's based on the principle that everyone has their own unique way of looking at the world.
This view can impact your choices and actions. It aims to help you develop a strong and healthy sense of self,
explore your feelings, find meaning, and focus on your strengths. The therapist in this therapy acts as a non-
judgmental, respectful listener who guides the therapeutic process. They acknowledge your experiences
without trying to shift the conversation in another direction.

⮚ Integrative Therapy or Holistic Therapy

It is integrative approach grounded in psychosynthesis, focuses on the relationship between mind,
body, and spirit, attempting to understand and address the ways issues in one aspect of a person can lead to
concerns in other areas. It is an approach to treatment that involves selecting the techniques from different
therapeutic orientations best suited to a client's particular problem. By tailoring the therapy to the individual,
integrative therapists hope to produce the most significant effects.

Therapeutic Communication Techniques

● Using Silence
● Accepting
● Giving Recognition
● Offering Self
● Giving Broad Openings
● Active Listening
● Seeking Clarification
● Placing the Event in Time or Sequence

Benefits of Group Therapy

1. Groups provide support. Hearing from others with similar issues helps you see that you’re not alone in
having challenges, whether you're grappling with panic attacks, experience a sense of relief.
2. Groups provide a sounding board. If, for example, you talk about a fight you had with your partner,
group members can see things in the way you present it that you don’t. “Hearing from other people
about how you come across can be very powerful,” Johnson says. “You get a wider range of
perspectives on your situation, and that can help you deal with your problems better.”
3. Groups can propel you forward. Hearing how other members successfully overcame their fear of flying
or how they confronted a family member over drug abuse can be very encouraging. “Patients often
push themselves harder when they see what others are doing,” Johnson says.
4. Groups promote social skills. “Groups not only help to ease that sense of isolation, but also give the
opportunity to practice re-engaging with people,” Johnson says. By participating in a group, you see
that you can get along with others.
5. Group therapy costs less than individual counseling. Some people believe that, because group therapy
costs less, it’s not as good, but "that's not the case at all," Cox says. "Group therapy can be incredibly
powerful.”
6. Groups teach you about yourself. “Every person in the group holds up a mirror and you get to see
yourself through their eyes,” Cox says. It’s a way of uncovering the blind spots that may be blocking
your ability to overcome your issue.

TC PHILOSOPHY
I am here because there is no refuge finally, from myself.
Until I confront myself in the eyes and hearts of others,
I am running.
Until I suffer them to share my secrets,
I have no safety from them.
Afraid to be known,
I can know neither myself nor any other,
I will be alone.
Where else but in our common ground can I see such a
mirror?
Here, together, I can at last appear clearly to myself,
not as the giant of my dreams nor the dwarf of my fears, but
 as a person, part of the whole, with my share in its purpose.
In this ground, I can take root and grow, not alone anymore,
as in death but alive to myself and to others.

CARDINAL RULES IN TC

*No sex or sexual acting out

*No drugs/ Alcohol
*No violence or threat of violence
*No stealing

HOUSE RULES: Examples

 No destruction of jail property
 Respect staff and status
 Follow directions without feedback
 No cigarette smoking
 No contraband
 No gambling
 Be on time in all activities
 Lights off at 10:00 PM
 No talking/laughing after lights off
 Maintain good grooming and hygiene
 No vandalism
 Be courteous to people
 Use the chain of command
 No talking/laughing during the Morning meeting and other activities
 No lending or borrowing without permission
 Respect other people’s property

Phases of treatment in TC

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 at the Reception and
Diagnostic room/ Orientation Room.
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
The resident is now ready to undergo the treatment proper. He becomes a part of the community starting
as a crew member of the housekeeping department until he gradually ascends in the hierarchy.

 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. 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 plans

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.
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

II. THERAPEUTIC MODATILITIES IN THE PHILIPPINES

A. PAROLE AND PROBATION ADMINISTRATION

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

HOW DOES TC LOOK LIKE?

The operation of the community itself is the task of the residents, working under staff supervision. Work
assignments, called “job functions” are arranged in a hierarchy, according to seniority, individual progress and
productivity. These include conducting all house services, such as cooking, cleaning, kitchen service, minor
repair, serving as apprentices and running all departments, conducting meetings and peer encounter groups.

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

WHAT ARE THE SALIENT FEATURES OF TC?

1. The primary “therapist” and teacher is the community itself, consisting of peers and staff, who, as role
models of successful personal change, serve as guides in the recovery process.

2. TC adheres to precepts of right living: Truth/honesty; Here and now; Personal responsibility for destiny;
Social responsibility (brother’s keeper); Moral Code; Inner person is “good” but behavior can be “bad”; Change
is the only certainty; Work ethics; Self-reliance; Psychological converges with philosophical (e.g. guilt kills)

3. It believes that TC is a place where: One can change – unfold; the group can foster change; individuals must
take responsibility; structures must accommodate this; Act as if – go through the motion.

4. There are 5 distinct categories of activity that help promote the change:

 Relational/Behavior Management
 Affective/Emotional/Psychological
 Cognitive/Intellectual
 Spiritual
 Psychomotor/Vocational-Survival Skills

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

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

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

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

WHAT IS THE TC MISSION?

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

WHAT IS THE TC VISION?

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

THERAPEUTIC COMMUNITY MODALITY AND RESTORATIVE JUSTICE

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

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

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

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

B. BUCOR AND BJMP THERAPEUTIC COMMUNITY MODALITY PROGRAM

The Therapeutic Community Modality is a self-help social learning treatment model used for clients with
problems of drug abuse and other behavioral problems such as alcoholism, stealing, and other anti-social
tendencies. As a treatment model, it includes four (4) categories:
1. behavior management,
2. intellectual/spiritual aspect,
3. emotional and social aspects, and
4. vocational/survival aspects.

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

1. Individual and group counseling

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

2. Moral, Spiritual, Values Formation

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

3. Work or Job Placement/Referral

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

4. Vocational/Livelihood and Skills Training

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

5. Health, Mental and Medical Services

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

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

6. Literacy and Education

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

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

7. Community Service

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

8. Client Self-Help Organization

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

9. Payment of Civil Liability

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

10. Environment and Ecology

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

11. Sports and Physical Fitness

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