You are on page 1of 17

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 from
discrimination and freedom from arbitrary arrest, among others. PREAMBLE We, peoples of the
Philippines, give 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 fulfil 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. 9 | P a g e 1.
LAWS ON HUMAN RIGHTS UNIT 1 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 members 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, 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 | P a g e 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 11 | P a g e 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 largescale/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. 12 | P a g e 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 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: 13 | P a g e 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 14 | P a g e 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 NATURE AND TRENDS OF PUNISHMENT
Punishment is a means of social control. It is a device to cause people to become cohesive and to induce
conformity. People believe that punishment is effective as a means of social control but this belief is
doubtful. There is no question, however, that some forms of punishment are more effective in one
society than in another. For example, punishment in a small well bordered community, where people
practically know everybody, is more effective in inducing conformity than in a highly mobile
metropolitan city. The general concept of punishment is that it is infliction of some sort of pain on the
offender for violating the law. This definition is not complete in the sense that it does not mention the
condition under which punishment is administered or applied. In the legal sense, it is more individual
redress, or personal revenge. Punishment, therefore, is defined as the redress that the state takes
against an offending member. Punishment is restricted to such suffering as is inflicted upon the offender
in a definite way by, or in the name of, the society of which he is a permanent member. Punishment
must be intended and not accidental, to produce some sort of justified suffering on the offender. It is
essential that the offender should be forcibly made to suffer and that society is justified in making him
suffer. Punishment is a form of disapproval for certain behaviors that is followed by imposing a penalty.
Punishment makes the offender stigmatized and penalized. The offender may or may not actually suffer,
under the intentional application of punishment, depending on the circumstances it is applied and the
toughness of the individual offender. FORMS OF PUNISHMENT The forms of punishment in primitive
society were: Death penalty was carried out by Corporal punishment was inflicted the offender by Public
humiliation and shaming were effected by 1. Death penalty 2. Corporal punishment 3. Public humiliation
and shaming 4. Banishment. 1. hanging 2. burning 3. immersing in boiling oil 4. feeding to wild animals
5. other barbaric ways. 1. Flogging 2. Mutilation 3. Disfiguration 4. Maiming. 1. the use of stocks and
pillory 2. docking stool 3. branding 4. shaving off the hair, etc. 15 | P a g e 2. TREATMENT VS.
PUNISHMENT 3. UNIT 2 Justifications of Punishment The theories or justifications of punishment vary
from one stage of civilization to another. The most common justifications of punishment are retribution,
expiation or atonement, deterrence, protection and reformation. Retribution In primitive days
punishment of the transgressor was carried out in the form of personal vengeance. Since there were no
written laws and no courts, the victim of a crime was allowed to obtain his redress in the way he saw fit.
Oftentimes, the retaliatory act resulted to infliction of greater injury or loss than the original crime, so
that the latter victim was perforce afforded his revere. Punishment therefore became unending
vendetta between the offender and the victim. Later, an attempt was made to limit the retaliation to the
degree of injury inflicted, thus the philosophy of “an eye for an eye” evolved. During this period nearly
all offenses that are now included in criminal codes as public crimes, were considered private offenses
for which the victims were allowed their redress through personal vengeance. There were a few
offenses, however, which were regarded as crimes committed against the native gods. People being
then superstitious, believed that any catastrophe that befell the group was a retaliation of an offended
god. In order to appease the offended god, the social group or clan demanded that the supposed
offended be banished or put to death. Witchcraft was considered a public crime and person suspected
of being a witch was tortured, banished or put to death. Expiation or Atonement This theory or
justification of punishment was also advocated during the pre-historic days. A sort of common
understanding and sympathetic feeling developed in the group. An offense committed by a member
against another member of the same clan or group aroused the condemnation of the whole group
against the offending member. The group would therefore demand that the offender be punished.
When punishment is exacted visibly or publicly for the purpose of appeasing the social group, the
element of expiation is present. Expiation is therefore, group vengeance as distinguish from retribution
which is personal vengeance. Punishing the offender gives the community a sense of its moral
superiority, an assurance that virtue is rewarded after all. Hostile action against the offender brings
about cohesiveness in society. Corporal punishment in most modern countries has been abolished and
the application of punishment has tended to be withdrawn from the public eye. Some segments of
society, however, still cling to the belief wrong doing or in order that punishment be punishment.
Deterrence It is commonly believed that punishment gives a lesson to the offender; that it shows other
what would happen if they violate the law; and that punishment holds crime in check. This is the
essence of deterrence as a justification for punishment. Cesare Beccaria, an exponent of the Classical
School of Criminology and whose writings at the end of the 18th century renovated the punitive justice
system of Europe, contended that the intent of punishment should not be to torture the criminal or to
undo the crime (expiation) but to “prevent others from committing a like offense”. He advocated the
theory that “a punishment should have only that degree of severity which is sufficient to deter others. It
is doubtful if punishment is as the proponents think. In one New England state during the 18th Century,
theft was punishable by whipping the offender in the public plaza. The purpose of whipping the thief
within the public view was to deter others from committing the same offense. Public whipping,
however, did not diminish the incidence of the theft in that state. 16 | P a g e In England during the 18th
century, pick pocketing was one of fifty offenses punishable by hanging. The offender was hanged on a
Sunday afternoon in order to draw the largest number of spectators. The hanging would be preceded by
a brass band playing in the morning until in the afternoon. On this occasion, thousands of spectators
would mill their way in the crowd to obtain better view of the victim at the condemned man was
executed. On this same occasion professional pick pocketers were busy plying their trade in the crowd.
The multitude that came to view the hanging were there to see how the offenders withstood their fate,
how callous they were, and how they would react to the jeers and chastisement of the crowd. In some
instances punishment undoubtedly has a deterring effect. For the great mass of infractions of the law,
however, the fear of punishment does not enter into the causation. The conception of deterrence
presumes that the person thinks before he acts and that all he has to do is to think of the consequences
and then he will be deterred. Actually this is not so because offenders commit crimes without the fear of
punishment uppermost in their minds. There are certain types of offenders who could not be deterred
by the fear of punishment, namely, the behavior of the moment type involved in crimes of anger and
passion; and the type of offender whose antisocial behavior is connected with his personality pattern
and is part of his approach to life as exemplified by the psychopathic offender and the neurotic offender.
There is no doubt, however, that some types of offenders, particularly first offenders, can be stigmatized
by the lightest form of punishment. To others more inured in crime; going in and out of penal
institutions does not deter. Protection Protection as a justification of punishment came after prisons,
were fully established. People believe that by putting the offender in prison, society is protected from
his further criminal depredation. If this were so, vicious and society is protected from his further criminal
depredation. If this were so, vicious and dangerous criminals should be made to serve long terms of
imprisonment. Recidivism and habitual delinquency laws are expected to attain this end. How effective
is protection as justification of punishment? Or how effective is imprisonment as a means of protecting
the community against crime? According to statistics, the prison population of the Federal Bureau of
Prisons and the Correctional Departments of Minnesotta and Washington DC represent a very
insignificant portion (only 3.5%) of the whole criminal population. Ninety-six and five tenth percent
(96.5%) of crimes reported to the police remain at large. These figures do not include crimes not
reported to the police, the volume of which is unknown. Therefore, from these data we can conclude
that imprisonment cannot protect society from crime. Even if all convicted offenders were kept in prison
for life, still the 96.5% who are at large will continue to plague society. Also, imprisonment as an end of
punishment is not tenable because prisoners are released within a short period of confinement.
Statistics show that their average stay inside prison is from three to five years, after which they are again
ready to commit further crimes. Reformation This is the latest justification of punishment. Under this
theory, society can best be protected from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner. Advocates of this theory contend that since punishment does not deter; in as
much as imprisonment does not protect society from further commission of crimes because the greater
portion of the criminal population is at large; and because prisoners stay in prison for a short time, from
3 to 5 years only, society’s interest can best be served by helping the prisoner become a law-abiding and
productive citizen upon his return to the community by making him undergo an intensive program of
rehabilitation in prison. 17 | P a g e Theoretically, imprisonment for reformation is sound, but
practically, rehabilitation is difficult to achieve. Some prisoners are reformed, but about 50% get
relapses. Failure to reform prisoners may be due to poor administration of the reformatory program, or
it may lie in the make-up of the criminal population. Probation, which is a substitute for imprisonment,
and parole which an early release from prison, are intended to reform the offender. A new concept of
correctional administration has developed, thus reformation and rehabilitation are now thought of as
“treatment”. Treatment through institutional programs and through probation and parole services is the
modern version of reformation and rehabilitation. LIMITATIONS OF PUNISHMENT Punishment has
certain limitations on the offender, in spite of the above-enumerated justifications, are: 1. Punishment
makes the criminal cautious about concealing his criminal activities 2. Stigmatizes him and isolates him
from society; makes him a martyr or a hero; and develops in him an antisocial grudge and a strong
resentment of authority. 3. Punishment on the other hand does not deter; does not repair damage to
society; or reconstruct the personality of the offender. Trends of Punishment The principal trends of
punishment are in the development of exemptions, pardon, and communications; the decline in the
severity of punishment; the growth of imprisonment and its modifications; good time allowances;
indeterminate sentences; suspended sentence and probation, conditional release, parole, short
sentences, and fines. Exemptions of Punishment The basis for exemptions is usually social. In Europe,
Kings and Rulers in ancient and early modern society could do no wrong. Upper classmen were often
times exempted from criminal liability for offences, which caused the commoner long imprisonment or
death penalty. Most countries today do not punish offenders for absence of “mens rea”, that is absence
of a guilty mind or lack of criminal intent. The right of sanctuary was practiced in the early Christian era.
The benefit of clergy was originally given to clerics who did not wear ecclesiastical robes from being
tried by lay courts but only by ecclesiastical courts. Latter the privilege was extended to anyone who
could read and write. Age of the offender was another basis for exemption from criminal responsible.
Under juvenile delinquents are not legally classified as criminals. The mental condition of the offender is
another basis for exemption from criminal responsibility. The M’Naghtan case of England (1843) held
the opinion that an offender is to be considered sane and responsible until is proven that he was insane
at the act was committed, and therefore, could not have known right from wrong. This doctrine holds
true in every progressive country today. Reformist would want the criminal insane, such as the criminal
psychopaths and criminal neurotics, handled by special laws and procedures in courts and to provide
specialized mental institutions for their care. There is now a move that in cases where the plea is “ no
responsibility” because of insanity or mental disturbance, juries should be concerned only with the
problems of establishing guilt and that a panel of experts appointed by the courts; should determine the
disposition to be made of the case. 18 | P a g e The Philippines takes pride in its unique and indigenous
way of settling disputes and treating both offenders and victims at the village ("barangay") level. The
system is called "Katarungang Pambarangay" (Village Justice System). When a complaint is reported or
an unresolved conflict or dispute from the barangay level is elevated to the jurisdiction of the police, the
victim is viewed as a complainant. If a criminal charge progresses up to the courts, the victim continues
to act in the role of prosecution witness in the case against the offender. Under the Rules of Court, the
victim may seek restitution for damages from the crime by filing a civil suit against the offender. A
victim/witness who believes himself/herself to be in danger from an offender can apply for admission
into the WITNESS PROTECTION, SECURITY, and BENEFIT PROGRAM OF THE DEPARTMENT OF JUSTICE. A
Board of Claims was created in 1992 under the Department of Justice to grant COMPENSATION FOR
VICTIMS of unjust imprisonment or detention and victims of violent crimes. The law specifies the
administrative procedure for filing the victim's claim through the Board of Claims. The Commission on
Human Rights exists under a constitutional mandate to act as an independent office to protect and
promote human rights. This commission provides financial assistance to victims of human rights
violations or their families, so as to help alleviate suffering and sustain their basic needs within a
specified period. Further, the Philippine Government has enacted laws that protect the rights and
address the needs of certain categories of victims, notably children, women, and migrant Filipinos. This
chapter also discusses Philippine civil society's role in victims' support, as well as the challenges and
prospects of victim support schemes. The chapter concludes that prospects for victim support in the
Philippines are promising because of pending legislation designed to further protect human rights in the
areas of child abuse and specific harms suffered by crime victims. GOVERNMENTAL PROGRAMS FOR THE
VICTIMS 1. WITNESS PROTECTION, SECURITY AND BENEFITS PROGRAM It is a program established under
Republic Act No. 6981, "The Witness Protection, Security and Benefit Act", which seeks to encourage a
person who has witnessed or has knowledge of the commission of a crime to testify before a court or
quasi-judicial body, or before an investigating authority, by protecting him from reprisals and from
economic dislocation. Who can be admitted into the Program? Any person who has knowledge of or
information on the commission of a crime and has testified or is testifying or is willing to testify. A
witness in a congressional investigation, upon the recommendation of the legislative committee where
his testimony is needed and with the approval of the Senate President or the Speaker of the House of
Representatives, as the case may be. A witness who participated in the commission of a crime and who
desires to be a State witness. An accused who is discharged from an information or criminal complaint
by the court in order that he may be a State witness. Who are disqualified for admission into the
Program? An applicant will not be admitted into the program if: the offense in which his testimony will
be used is not a grave felony; his testimony cannot be substantially corroborated in its material
points; 19 | P a g e GOVERNMENTAL PROGRAMS FOR THE VICTIMS UNIT 3 he or any member of his
family within the second degree of consanguinity or affinity has not been threatened with death or
bodily injury or there is no likelihood that he will be killed, forced, intimidated, harassed or corrupted to
prevent him from testifying or to testify falsely or evasively because or on account of his testimony; and
if the applicant is a law enforcement officer even if he will testify against other law enforcement
officers. The immediate members of the applicant may, however, be admitted into the program. What
benefits may a witness under the Program receive? The benefits include the following: Security
protection and escort services. Immunity from criminal prosecution and not to be subjected to any
penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or books,
documents or writings produced. Secure housing facility. Assistance in obtaining a means of
livelihood. Reasonable traveling expenses and subsistence allowance while acting as a witness. Free
medical treatment, hospitalization and medicine for any injury or illness incurred or suffered while
acting as a witness. Burial benefits of not less than Ten Thousand pesos (P10,000.00) if the witness is
killed because of his participation in the Program. Free education from primary to college level for the
minor or dependent children of a witness who dies or is permanently incapacitated. Non-removal or
demotion in work because of absences due to his being a witness and payment of full salary or wage
while acting as witness. 2. VICTIMS COMPENSATION PROGRAM 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? A person who was unjustly accused convicted and imprisoned and subsequently
released by virtue of a judgment of acquittal; A person who was unjustly detained and released
without being charged; 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 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. 20 | P a g e 3. REPUBLIC ACT NO. 10368 “An act
providing for reparation and recognition of victims of human rights violation during the Marcos Regime,
documentation of said violations, appropriating funds therefor and for other purposes” RIGHTS OF
CRIME VICTIMS.--A crime victim has the following rights: (1) The right to be reasonably protected from
the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or
any parole proceeding, involving the crime or of any release or escape of the accused. (3) The right not
to be excluded from any such public court proceeding, unless the court, after receiving clear and
convincing evidence, determines that testimony by the victim would be materially altered if the victim
heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding
in the district court involving release, plea, sentencing, or any parole proceeding. (5) The reasonable
right to confer with the attorney for the Government in the case. (6) The right to full and timely
restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to
be treated with fairness and with respect for the victim's dignity and privacy. (9) The right to be
informed in a timely manner of any plea bargain or deferred prosecution agreement. (10) The right to be
informed of the rights under this section and the services described in section 503(c) of the Victims'
Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office
of the Victims' Rights Ombudsman of the Department of Justice. CORRECTION AND REHABILITATION OF
PENITENT OFFENDERS To effect the rehabilitation and reintegration of probationers, parolees,
pardonees, and first-time minor drug offenders as productive, law-abiding and socially responsible
members of the community through well-planned supervision programs for probationers, parolees,
pardonees, and first-time minor drug offenders which are aligned to national program thrusts of the
government, such as, the Sariling-Sikap, Jail Decongestion, etc. establishment of innovative and
financially and technically feasible projects for the moral, spiritual and economic upliftment of
probationers, parolees, pardonees, and first-time minor drug offenders utilizing available community
resources. The Administration has adopted a harmonized and integrated treatment program for these
clients to affect their rehabilitation. This harmonized and integrated program involves (1) The
Therapeutic Community Modality (2) The Restorative Justice Principles and Concepts and (3) the Use of
Volunteer Probation Aides (VPAs). 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, namely, behavior management, intellectual/spiritual aspect, emotional and social aspects,
and 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: 21 | P a g e DIFFERENT THERAPEUTIC/
TREATMENT MODELS UNIT 4 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 22 | P a g e 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. 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. The criminal justice in the Philippines recognizes the significance of rehabilitation
and reintegration of convicted felons in the community. Evidently, Correction, being one of the pillars of
Philippine Criminal Justice System (PCJS) adopted various rehabilitation programs 23 | P a g e VICTIM’S
REPARATION AND EMOTIONAL RECOVERY PROGRAMS 6. UNIT 5 such as the following: (a) Moral and
Spiritual Program; (b) Education and Training Program; (c) Work and Livelihood Program; (d) Sports and
Recreation Program; (e) Health and Welfare Program; and (f) Behavior Modification Program, to include
Therapeutic Community (TC). REPARATION - refers to the process and result of remedying the damage
or harm caused by an unlawful act. PURPOSE OF REPARATION 1. Generally understood to reestablish
the situation that existed before the harm occurred. 2. It can also serve as a measure to end ongoing
breaches and to deter future ones, as a vehicle for reconciliation or to restore relations between the
violator and injured parties, as well as a basis to repair or rehabilitate physical and psychological
integrity and dignity. In international law, a breach of an international obligation gives rise to a duty to
repair the harm caused. The obligation to make reparation follows a determination that a particular act
caused, or sufficiently contributed to, the harm or damages and implies a level of wrongfulness.
However, certain international law agreements may also impose an obligation to afford reparation for
losses irrespective of fault. It has been recognized that reparation must “fully” repair any injury,
including any material or moral damage caused by the wrongful act. It must, so far as possible, wipe out
all the consequences of the illegal act and reestablish the situation that would, in all probability, have
existed if that act had not been committed. THE RECOGNIZED FORMS OF REPARATION 1. RESTITUTION
relates to the reestablishment of the situation that existed before the wrongful act was committed. 2.
COMPENSATION is for any pecuniary and nonpecuniary losses, including loss of profits and employment.
3. REHABILITATION refers to long-term medical and psychological care and surgeries as well as legal
care, 4. SATISFACTION refers to measures such as formal acknowledgment of the unlawful character of
the breach, apologies, and prosecutions. 5. GUARANTEES OF NONREPETITION are forward-looking
remedies focusing on prevention that can refer to either measures of deterrence aimed at protecting a
victim from further harm or broader measures, such as legal and institutional reform and vetting of
public officials aimed at avoiding the wider conditions that allowed for the breach. These forms,
afforded singly or in combination, feature in the United Nations Basic Principles and Guidelines on the
Right to a Remedy and Reparation, adopted by the UN General Assembly in 2006. Article 34 in the
International Law Commission’s Draft Articles on the Responsibility of States for Internationally
Wrongful Acts lists restitution, compensation, and satisfaction as the forms of reparation. Noted:
Cessation and nonrepetition are dealt with separately, as independent obligations stemming from the
wrongful act. BEHAVIOR MODIFICATION is a therapeutic approach designed to change a particular
undesirable negative behavior. By using a system of positive or negative consequences, an individual
learns the correct set of responses for any given stimulus. The practice has several offshoots that
attempt to alter behavior through different actions and has developed throughout the years. Behavior
modification has been found to be successful in treating disorders like 24 | P a g e BEHAVIORAL
MANAGEMENT UNIT 6 attention deficit hyperactivity disorder (ADHD), obsessive-compulsive disorder
(OCD), phobias, separation anxiety, generalized anxiety disorder (GAD), disruptive behavior and autism,
among other conditions. This isn’t quite the Pavlovian dog salivation scheme you may be familiar with.
That’s classical conditioning. The way operant conditioning and thus behavior modification in this sense
differs is in the nature of the responses. Unlike Pavlovian conditioning, which generally deals with
elicited or reflexive responses, Skinner’s theory works with voluntary responses. Behavior modification
is commonly used in schools and at home, as well as in rehabilitation settings. The belief behind
behavior modification is that all behaviors can be observed and measured, and used as targets for
change. As a result of those consequences (positive or negative), a person can learn, shape or eliminate
certain behaviors. Before we delve into the different approaches of behavior modification, let’s look at
some key terms to avoid confusion: Antecedent. An antecedent comes prior to the (un)desired
behavior. It is changeable and can consequently be altered or removed in order to affect the behavior.
Consequence. Consequences usually indicate something bad, but in this context consequences can be
good or bad. These occur after the behavior occurs and can change as well. These are also referred to
as reinforcers (to strengthen behavior) or punishments (to weaken behavior). Since both reinforcement
and punishment can be good or bad, here are some more details to uncomplicated the explanation:
Positive reinforcement is given when a desired behavior occurs and strengthens that behavior. For
example, if Bobby eats all his carrots, he will then get dessert. Negative reinforcement occurs when an
unpleasant stimuli is removed for the desired behavior and strengthens behavior. For example, each
morning Bobby’s mom comes in and wakes him up for school by singing. Bobby doesn’t want to hear her
sing in the morning so he learns to wake up before she comes in the room. Response cost is like a
punishment because a positive stimulus is removed. A response cost is designed to weaken undesirable
behavior. For example, Bobby doesn’t want to share toys with his sister, so his mother takes one away
as a result. Punishment occurs when a negative stimulus is added to weaken behavior. Using our earlier
example thread, if Bobby doesn’t want to share or play nicely with his sister, punishment might include
a timeout. Extinction happens when there is no reinforcement for behavior, thus weakening the
response. These are only a few of the basic terms used in behavior modification. They might seem a
little confusing at first, but human nature doesn’t always respond to one set of stimuli. The varying
terms help clinicians and counselors to understand what types of actions warrant certain responses and
help them to figure out what exactly are our motivations for acting the way we do. PRINCIPLES AND
APPROACHES Because behavior isn’t merely cut and dry, behaviorists developed different approaches
and schedules for shaping behavior. Through imitation, schedules or routines, or by doing nothing at all,
they were able to learn how we learn and change our behaviors. We’ve already gone over the types of
positive and negative reinforcements and punishments, so let’s look at some other methods, as listed by
Educational Psychology Interactive: Modeling. This approach entails teaching an individual to emulate a
certain behavior. As an example, modeling might occur in the employment industry when a new
employee gets trained by a more experienced colleague. Cueing. Like the name suggests, cueing is
reminding a person to perform a certain action at a given time. Discrimination. Discrimination teaches
a person to behave in a certain way for a particular set of stimuli, but not for another. The reward, or
reinforcement, occurs only after the appropriate response has been given. Substitution. When a current
reinforcer no longer prompts the desired behavior, a substitution may occur in which a new reinforcer
is presented. 25 | P a g e Satiation. Consider this akin to letting a baby cry at night for a little while until
he goes to sleep. Satiation means letting a person tire of performing an undesired behavior. In the case
of addiction, this generally does not work as the undesired action would be the administration of the
drug or alcohol. Avoidance. Avoidance means teaching a person to avoid an unpleasant situation. Fear
reduction. Fear reduction techniques can be very helpful managing phobias. It works in such that a
person is incrementally exposed to a stimulus that may induce fear at first. Eventually, the idea is that
the individual will grow comfortable or more relaxed in the presence of the once-feared stimulus. In
addition to these, behavior modification techniques can also work on schedules or intervals, in such that
certain responses are shaped to occur at different times or that particular reinforcers or punishments
may be administered at varying intervals in order to alter behavior. It should be noted that not all
behavior modification techniques will work with every individual, nor will every individual’s behavior
warrant singular approaches. In some cases, a combination of techniques may prove beneficial. 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. PSYCHOLOGICAL AND EMOTIONAL TREATMENT 1. INDIVIDUAL AND
GROUP PSYCHOTHERAPY. Psychological therapies provided in jails, prisons, or forensic hospitals may
include cognitive behavioral therapy (CBT, with or without criminal thinking curriculum) and dialectical
behavior therapy (DBT). CBT aims to build cognitive skills and replace distorted cognitions
(selfjustificatory thinking, displacement of blame, schemas of dominance and entitlement) with
noncriminal thought patterns. DBT was originally designed to treat chronically parasuicidal women with
borderline personality disorder, but has been adapted to other populations, including offenders with
severe mental illness. DBT combines traditional combines the basic strategies of CBT with Eastern
mindfulness practices 2. PSYCHOPHARMACOLOGIC THERAPIES. If a correctional facility houses inmates
with SMI, antipsychotic, antidepressant, and mood-stabilizing medications must be included in the
medication formulary.Further, “all correctional formulary policies must include a mechanism to access
non-formulary medications on a case-by-case basis to ensure access to appropriate treatment for
serious mental illness.”However, special conditions in correctional 26 | P a g e EMOTIONAL AND
PSYCHOLOGICAL UNIT 7 facilities such as high rates of substance use disorders require that formularies
limit or exclude medications that have a high potential for misuse or abuse. In most correctional
facilities, a psychiatrist and other mental health professionals must be involved in the development of
the institution’s formulary. 3. SPECIALIZED HOUSING. Includes self-contained mental health units for the
care of inmates with SMI who are unable to function in the general population.Specialized housing
options may vary from facility to facility (e.g., jail to prison or prison to prison), but include inpatient
care, short-term crisis beds, and long-term residential units. 4. INTEGRATED DUAL DISORDERS
TREATMENT (IDDT). The same treatment team treats both addiction and SMI simultaneously. The
substance abuse treatment is tailored to people with mental illness. Individuals are taught how mental
health and substance abuse disorders interact. This approach utilizes CBT. 5.
TELEMEDICINE/TELEPSYCHIATRY. Telemedicine is becoming an increasingly common mode of delivery
for psychological/ and psychiatric services. Treatment is delivered by way of videoconferencing. 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. 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 onthe-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. 27 | P a g e INTELLECTUAL AND SPIRITUAL UNIT 8
VOCATIONAL AND SURVIVAL SKILLS UNIT 9 Vocational training and social education focus on job
readiness. The concern in these areas is life skills. If inmates are to reenter society and abstain from
criminal activity, they must be employable and have the basic tools necessary to function as responsible
citizens. The National Penitentiary has a college degree program and a tertiary degree correspondence
course, in addition to the regular secondary and compulsory basic literacy classes. Prisoners are strongly
encouraged by the BuCor authorities to enroll while serving their sentence and to advance their
academic skills. SPORTS AND RECREATION The inmates enjoy sunrise by participating in daily
calisthenics. There are various indoor and outdoor sports activities, programs, tournaments and leagues
all year round, to include basketball, volleyball, billiards, table tennis and chess. These sports
competitions promote camaraderie among inmates, good sportsmanship and team-building. The latest
addition is the newly constructed indoor sports center/gymnasium at the Maximum Security Compound
which boasts of competition-standard flooring, sound system, locker rooms and bleachers. 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. THERAPEUTIC COMMUNITY (TC) PROGRAM 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. 28 | P a g e 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

Prepared by, Dr. Albert C. Palomique

You might also like