MODULE 4

RESTORATIVE JUSTICE

Restorative Justice

Restorative Justice is a process through which remorseful offenders accept

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

Restorative Justice Adopted in the Philippines

The Commission on Crime Prevention and Criminal Justice, of which the Philippines
is a member-country, through a draft resolution, recommended to the Economic and Social
Council of the United Nations Organization (UNO), the adoption of the “Basic Principles on
the Use of Restorative Justice Programmes in Criminal Matters”. The said document is a
formulation of UN Standard in the field of mediation and restorative justice. The Philippines,
being a signatory member-country should ensure adoption of this resolution.

Consequently, the goal of the government is to establish a more enlightened and

humane correctional system that will promote the reformation of offenders and thereby
reduce the incidence of recidivism. This is in line with the applicable laws, rules, and policies
mandating this Agency to administer the Parole and Probation System in the country. As
such, the Parole and Probation Administration (PPA) is empowered to create innovative
policies, programs, and activities to facilitate the reintegration of its clientele into the
mainstream of society and consequently prevent the commission of crime. Therefore, PPA
adopts Restorative Justice as one of its rehabilitation programs which utilizes restorative
processes and aims to achieve restorative outcomes.

Effects of Restorative Justice as a Rehabilitation Program of PPA

Reintegration of the offenders to the social mainstream and encouraging them to

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

Restorative Justice Implemented in PPA

A. During the Investigation Stage

Information such as victims’ version of the offense, effect of victimization to their
lives, families, future, and plans, and victims’ appreciation on how the damage/harm inflicted
by the crime can be repaired and healed are gathered to serve as input in the post-sentence
investigation (PSI) or pre-parole/executive clemency investigation (PPI) reports prepared by
the investigating officer to be submitted to the Court and the Board of Pardons and Parole,
respectively. These data are vital in the conduct of restorative justice processes during the
supervision phase. Soliciting stakeholders’ interest for their introduction to the restorative
process commences during this stage.

B. During the Supervision Stage

Restorative Justice Program is a part of the rehabilitation of the client which is
incorporated in the client’s Supervision Treatment Plan (STP). In applying the various
restorative justice processes for the client’s rehabilitation, the supervising officer observes
the following points:
The parties are brought within the program out of their own volition. Parties have the
right to seek legal advice before and after the restorative justice process; Before agreeing to
participate in the restorative justice process, the parties are fully informed of their rights, the
nature of the process, and the possible consequences of their decision; Neither the victim
nor the offender is induced by unfair means to participate in restorative justice processes or
outcomes; Discussion in restorative justice processes should be highly confidential and
should not be disclosed subsequently, except with the consent of the parties, and should not
be used against the parties involved; Where no agreement can be made between the
parties, the case is withdrawn from the restorative justice process; and In the event
agreement is reached by parties, it is put in writing to give substance/essence to the
agreement. The failure to implement any provision of the agreement made in the course of
the restorative justice process is a basis for the withdrawal of the case from the program.

Roles of the Probation and Parole Officers in the Implementation of Restorative

Justice

A Probation and Parole Officer assigned to handle investigation and supervision

caseloads acts as restorative justice planner. As such, he/she undertakes the following
responsibilities:
Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case
for Peace making Encounter; Conducts dialogue to explore the possibility of restorative
justice process; Coordinates/collaborates with responsible members and leaders of
community for their participation in the conference; Serves as facilitator-strength in the
conference; Assists in healing process of stakeholders based on the Supervision Treatment
Plan; and Prepares case notes reflective of restorative justice values and utilizing the
following points: Impact of crime and effect of victimization Victim inputs and involvement
opportunities Offender opportunity to take direct responsibility for the harm inflicted on the
victim and/or the community.

A CPPO Engages in Responsibilities

 Approves cases for Peace Encounter Conference and issues office orders; and
Implements and monitors plans and agreements achieved during the conference and
sets direction to realize success of the process.

 The Procedural Safeguards to be observed in applying the Restorative Justice

Processes to Resolve Conflicts arising From the Criminal Offense

 The clients must admit the offense to be eligible for the conference, and if possible,
they should be encouraged to take full responsibility; A personal visit by the
Restorative Justice planner may be necessary to solicit interest and willingness of
stakeholders to participate in the restorative process; The victims’ preference for the
time, date and place of the meeting should be given greatest weight; Restorative
 Justice planners should also get in touch with community strengths to serve as
facilitator like local officials, members of the Lupon Tagapamayapa or any
responsible and respected personalities in the locality; A pre-conference meeting
with the selected facilitators prior to the actual conduct of peace encounter
conference should be set to carefully plan for all the details, from the sitting
arrangements and refreshments to the box of tissue papers which incidentally would
let participants know that display of emotions is okay; A pre-conference meeting
could likewise be arranged separately with individual stakeholders to explain the
process and other vital details of the conference;

 The Restorative Justice planner should ensure that everyone knows how to get to the
location site of the conference;

 Facilitators should ensure that the conference shall be conducted without interruption
in a comfortable location and shall secure the safety of all stakeholders;

 Stakeholders shall also be consulted relative to the composition of the panel of

facilitators. Any party may move to oppose the inclusion of persons by reason of
relationship, bias, interest or other similar grounds that may adversely affect the
process; and

 Indigenous system of settling differences or disputes shall accordingly be recognized

and utilized to conform with the customs and tradition of that particular cultural
community.

The Restorative Justice Models that can be applied in PPA

Peacemaking Encounter

Peacemaking Encounter is a community-based gathering that brings the victim, the

victimized community, and the offender together. It supports the healing process of the
victims by providing a safe and controlled setting for them to meet and speak with the
offender on a confidential and strictly voluntary basis. It also allows the offender to learn
about the impact of the crime to the victim and his/her family, and to take direct responsibility
for his/her behavior. Likewise, it provides a chance for the victim and the offender to forge a
mutually acceptable plan that addresses the harm caused by the crime. As a community-
based decision model, the Agency Peacemaking Encounter is being implemented through
the following processes:

Victim/Offender Mediation – a process that provides an interested victim an opportunity to

meet face-to-face his/her offender in a secured and structured setting or atmosphere, with
the help of a trained mediator, and engage in a discussion of the past offense and its impact
to his/her life. Its goal is to support the healing process of the victim and allow the offender to
learn the impact of his/her offense on the victim’s physical, emotional and financial
existence, and take direct responsibility for his/her behavior by mutually developing a
Restorative Justice plan that addresses the harm caused by the said offense.

Conferencing – a process which involves community of people most affected by the crime –
the victim and the offender and their families, the affected community members and trained
facilitators and community strength – in a restorative discussion of issues and problems
arising from an offense or coincidence which affects community relationship and tranquillity.
Facilitated by a trained facilitator, the above parties are gathered at their own volition to
discuss how they and others have been harmed by the offense or conflict, and how that
harm may be repaired and broken relationship may be restored.
Circle of Support – a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected members
of the community in the discussion of the offense and its impact. Within the circle, people
freely speak from the heart in a shared search for understanding the incident, and together
identify the steps necessary to assist in the reconciliation and healing of all affected parties
and prevent future crime or conflict.

In the Agency, the circle of support is facilitated by trained Probation and Parole Officers,
Volunteer Probation Aides or selected community leaders who offered their services free of
charge to serve as facilitator or keeper.

In implementing this process, the probation and parole officer should be the facilitator who is
sensitive to the needs of the victim. Likewise, the probation and parole officer should exert
effort to protect the safety and interest of the victim.

The Outcomes or Interventions which can be agreed upon During the Restorative
Justice Process

As a result of the restorative justice process, the following outcomes or interventions

may be agreed upon by parties in a Restorative Justice discussion, such as, but not limited
to:

A. Restitution
Restitution is a process upon which the offender accepts accountability for the financial
and/or non-financial losses he/she may have caused to the victim. Restitution is a “core”
victim’s right which is very crucial in assisting the redirection of the victim’s life. Part of the
conditions of probation as imposed by the Court is the payment of civil liability to indemnify
the victim of the offender, and to inculcate to the offender a sense of responsibility and
obligation towards the community. Consequently, the probation and parole officer should see
to it that the offender complies with this condition.

B. Community Work Service

Community Work Service, whether imposed as a condition of offender’s conditional liberty or
integral part of his treatment plan, should be purposely motivated to make the offender
realize that he/she incurred an obligation to make things right. In its application, the offender
can be subjected to perform work service measures, including, but not limited to any of the
following:
Mentoring and Intergenerational Service – offenders will develop their nurturing needs thru
caring for other people; example: with senior citizens, with orphanages, or with street
children.
Economic Development – to link directly with the business project; examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration, garbage
and waste management, cleaning of esteros, recycling, construction, repair of streets, and
the like.

Citizenship and Civic participation - experiential activities which involve solving community
problems; examples: puppet shows that showcase values, street dramas, peer counseling.

Helping the Disadvantaged – this will enhance offender’s self esteem; examples: assist
handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
Crime Prevention Project – examples: Brgy. Ronda, giving testimony to the youth.

The probation and parole officer should ensure the adoption of these community work
services to facilitate the reintegration of the offender in the community.
C. Counseling (whether individual, group or family)
It will enhance client’s interpersonal relationship and it will help him/her become more aware
of his/her shortcomings/weaknesses. This will also help him/her overcome painful
experiences that drove him/her to commit a crime/ offense.

D. Attendance to trainings, seminars and lectures

E. Participation in education, vocation or life skills program

F. Group Therapy Session

An intervention which provides recovering drug dependents or those with serious behavioral
problems an opportunity to discuss their problems.

G. Spiritual development session/faith-based session

H. Submission to psychological/psychiatric assessment

I. Submission to drug test/drug dependency examination

J. Attendance to skills training/livelihood assistance program

K. Marital enhancement program

L. Written or oral apology

M. Submission to family therapy session

This session aims to develop healthy personal relationship within the family and to establish
open positive communication between family members and significant others. Family
members should be oriented in their individual responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center Including Aftercre