THERAPEUTIC MODALITIES

CHAPTER 1
Review on the Relevant Topics in Institutional Corrections and Non-Institutional Corrections
Corrections in Philippine Setting
CORRECTIONS - is the fourth pillar of the Criminal Justice System composed of two major and
equally significant components:
1. Institution-Based Corrections (Institutional Corrections); and
2. Community-Based Corrections (Non-Institutional Corrections).
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.
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.
CHAPTER 2
Standard 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 at self-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’s
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

2Functions 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
admits 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.
Punishable Acts inside the Jail:
Minor Offenses:

✔ selling or bartering with fellow inmates’ items not classified as contraband. ✔ rendering personal
services to fellow inmates.

✔ Untidy or dirty in his personal appearance.

✔ Littering or failing to maintain cleanliness and orderliness in his quarter and/ or surroundings.
✔ Making frivolous or groundless complaints

✔ Taking the cudgels or reporting complaints

✔ Late reporting to duty without jurisdiction reason; and

✔ Willful waste of food.

Less Grave Offense:

✔ Failure to report for work detail without sufficient justification.

✔ Failure to render assistance to an injured personnel or inmates.

✔ Failure to assist in the putting out of fire inside the jail.

✔ Acting boisterously during religious, social and other groups function.

✔ Swearing, cursing or using profane language directed personally toward another person.

✔ Malingering or reporting as sick to escape work assignment.

✔ Spreading rumors or maliciously intriguing against honor of any persons, particularly members of the
custodial force.

✔ Failing to stand at attention and give due respect when confronted by or reporting to any officers or
member of the custodial force.

✔ Forcing fellow inmate to render services to himself and/ or others

✔ Exchanging uniform or wearing clothes other than those issued to him the purposes of circumventing
jail rules.

✔ Loitering or being in an unauthorized place.

✔ Using the telephone without authority

✔ Writing, defacing or drawing on walls, floor or any equipment.

✔ Withholding information which is inimical and prejudicial to the jail administration.

✔ Possession of lewd or pornographic literature and photographs.

✔ Absence from cell, brigade, place of work during head count or at any time without justifiable reason;
and

✔ Failing to turn over any implements/ article issued after the details.

✔ Committing any act prejudicial to or which is necessary to good order and discipline.

Grave Offense:

✔ Making untruthful statement or lies in official communication, transaction, or investigation.

✔ Keeping or concealing keys or locks of places in the jail where it is off limits to offender.

✔ Giving gift, selling to, or bartering with jail personnel

✔ Keeping in his possession money, jewelry or other contraband which the rules prohibit.

✔ Tattooing others or allowing himself to be tattooed, or keeping any paraphernalia for tattooing.

✔ Forcibly taking or extracting money from fellow inmates.

✔ Punishing or inflicting injury upon himself or other inmates.

✔ Receiving, keeping, taking or imbedding liquor and other prohibited drugs. ✔ Making, improvising or
keeping any kind of deadly weapon.

✔ Concealing or withholding information on plans of attempted escape.

✔ Unruly conduct and behavior and flagrant of discipline and instructions.

✔ Helping, adding or abetting others to escape.

✔ Fighting causing any disturbance or participating there in and/ or agitating to cause such disturbance or
riot; and
✔ Indecent, immoral or lascivious acts which by himself or other and/ or allowing to be subject of such
indecent, immoral or lascivious acts.
Punishable Acts inside Jail:

✔ Willful disobedience to lawful orders issued by an officer or member of the custodial forces.

✔ Assaulting any officer or member of the custodial force.

✔ Damaging any government property or equipment issued to the inmates.

✔ Participating in any kangaroo court, unauthorized or irregular court conducted with disregard for or
perversion of legal proceeding of a mock court by offender in jail/ prison.

✔ Affiliating oneself to any gangs or faction whose main purpose is to ferment regionalism or to
segregate them from others.

✔ Failing to inform the authorities concerned when afflicted with any communicable disease like VD,
etc.

✔ Committing any act, which is in violation of any ordinance, in which case he shall separately be
prosecuted criminally in accordance with law.
Plan for Escapes or Jailbreaks
The following are the basic guidelines in dealing with jailbreaks:

✔ The control center shall immediately sound the alarm and inform the warden in case of escape.

✔ At the first sound of the alarm, the inmates shall be locked in their respective cells.

✔ All the first personnel, custodial and non-custodial force shall make themselves available for
deployment.

✔ Personnel who have inmates under their care shall remain on duty; take their accounting at the time of
the emergency.

✔ A simultaneous institution-wide count shall be made to determine the numbers of inmates who escaped
identities established.

✔ As soon as the identities of the escapees are established, it shall be published and all police precincts be
immediately notified.
✔ Radio and television stations should be immediately notified.

✔ Recovery teams shall be sent out to all known liars, hangouts.

✔ In case of mass jailbreaks, all the members of the custodial force shall issue firearms and resigned to
critical post to block the escape routes.

✔ If an officer is held hostage, reasonable caution should be made to ensure his/ her safety.

✔ If the warden is held hostage, for all intents and purposes he ceases to exercise authority and the next in
command shall take the action.

✔ Maximum force shall be deployed for escapes found holding on in an area to pressure them to surrender
and avert their movements and an investigation shall commence thereafter.
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 a 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 Court;
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.
CHAPTER 3
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

The Difference

Classification Diversification

Is the placing of prisoners into types or Is an administrative device of correctional

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.
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 inmate’s 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 where 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 include 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.
The Difference between Prison and Jail

Prison Jail
 a penitentiary, an institution for the imprisonment of
persons convicted of major/serious crimes.
a place of confinement for those who are serving more
than 3 years of imprisonment.
is a confinement facility having custodial authority
over an individual sentenced by a court to
imprisonment, which is administered by a national
government?
The word Prison derived or originated from the Greco-
Roman “Presidio”.
a place of confinement for those who are
waiting for trial or are those serving short
sentences.
primarily adult penal institution used for the
detention of law violators, which is
administered by a province, city and
municipality.
The word Jail derived or originated from the
Spanish word “Capula or Jayla”, meaning
cage.

Lock Up Jail
This is a security facility, usually operated by the police department, for the temporary detention of
persons held for investigation or awaiting trial.
Creation of Provincial Jail (Administered and Management by Provincial Government)
SECTION 468. (4) (vii) Establish and provide the maintenance and improvement of jails and detention
centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees
and convicted prisoners in the province; R.A. 7160
The Provincial Jail
10The Provincial Jail System was first established in 1910 under the American regime. Each of the
seventy-six (76) provinces has a Provincial Jail is headed by a Provincial Jail Warden which is
appointed by the Provincial Governor, as well as provincial jail guards with conformity with the Civil
Service Law. The DILG serves as the supervising agency in every Provincial Jail.
The management of our Provincial Jails and its program of rehabilitation are dependent upon the
Provincial Warden and the provincial government. Most of the Provincial Jails today are faced with the
congestion problem and funds. Today, there are twenty-one (21) provincial government that have
constructed their respective sub-provincial jails to house prisoners whose prison terms range from six (6)
months and one (1) day to three (3) years. There is now a total of 812 (as of 1993) offenders confined in
these jails, which is being handled by 203 jails guards and personnel. The seventy-six (76) Provincial
Jails have confined 9,865 (as of 1993) offenders and still growing. These offenders are being provided
with 2,439 provincial guards’ task to secure and provide reformation unto them.
Who is a Prisoner?
∙ a prisoner is a person who is under the custody of lawful authority.
∙ any person detained/confined in jail or prison for the commission of a criminal offense or convicted and
serving in a penal institution.
∙ a person committed to jail or prison by a competent authority for any of the following reasons: to serve
sentence after conviction, trial or investigation.
General Classification of Prisoners

✔ Detention Prisoners

detained for investigation, preliminary hearing, or awaiting trial. They are prisoners under the jurisdiction
of courts.

✔ Sentenced Prisoners

offenders who are committed to jail or prison in order to serve their sentence after final conviction by a
competent court. They are prisoners under the jurisdiction of penal institutions.

✔ Prisoners who are on safekeeping

includes non-criminal offenders who are detained in order to protect the community against their harmful
behavior.
Classification of Sentenced Prisoner (P.D. 29)

✔ Insular or National Prisoners

sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.

✔ Provincial Prisoners

sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years or a fine not more than 1,
000.00 pesos or both.

✔ City Prisoners

those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than
1,000.00 pesos or both.

✔ Municipal Prisoners

those confined in Municipal jails to serve an imprisonment from 1 day to 6 months. Classification of
Detainees
The three (3) types of detainees are those:
∙ Undergoing investigation;
∙ Awaiting or undergoing trial; and
∙ Awaiting final judgment.
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;

In addition to the above enumerated documents, the Carpeta should also contain the following, to
wit:

✔ Commitment Order / Mittimus;

✔ Complaint;

✔ Information;

✔ Pending Warrant;

✔ Subpoena;

✔ Decision/Judgment;

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 of Convicted Persons Placed under Non-Institutional Correction
Programs/Community Based Program
PROBATION
Probation - A term coined by John Augustus, from the Latin verb "probare" – which means to prove
or to test.
Probation is a procedure under which the court releases a defendant found guilty of a crime without
imprisonment subject to the condition imposed by the court and subject to the supervision of the
probation service. Probation may be granted either through the withholding of sentence (suspension of
imposition of a sentence) or through imposition of sentence and stay or suspension of its execution. The
former generally considered more desirable.
Role of Probation in the Correctional System
Probation is a part of the correctional system. It cannot be properly considered as an independent subject.
It is only a phase of penology, and therefore, it must be viewed in its relation to other aspects of the
enforcement of the criminal laws and its proper perspective. It is a part of an entire structure and only a
single feature of a well-rounded correctional process. Probation is a form of treatment of the convicted
offender. It is not a clemency, pity or leniency to the offender, but rather a substitute for imprisonment.
There are some offenders who must go to prison for their own good and for the good of the society
because their presence in the community constitutes a threat to law and order. Other less inured to crime
can remain in the community after conviction where they are given a chance to conform to the demands
of the society. Probation is compared to an out-patient. The out-patient does not need to be confined in a
hospital because his sickness is not serious. However, the patient must remain under the care and
supervision of his family physician in order that his sickness will not become serious. Similarly, the
probationer does not need to go to prison, but he should remain under the supervision and guidance of his
probation officer in order that he will not become a more serious offender.
Probation is given in cases that the ends of justice do not require that the offender go to prison. This is
also when all the following circumstances exist: that there is a strong likelihood that the defendant will
reform; that there is a little danger of seriously injuring or harming members of the society by committing
further crimes; that the crime he committed is not one that is repugnant to society; that he has no previous
record of conviction; and that the deterrent effect of imprisonment on other criminals is not required. The
person who is placed on probation is not a free man because he is required to live within specified area.
He is deprived of certain rights and privileges of citizenship, but he retains some other rights and is
entitled to the dignity of man.
Purpose of Probation
The Wickersham Reports in 1931 (Report of the “National Commission of Law Observance and
Enforcement, “page 146 of Report No. 9) states the purpose of probation as follows:
1. “Probation, like parole and imprisonment, has as its primary objective the protection of society against
crime. Its methods may differ, but its broader purpose must be to serve the great end of all organized
justice – the protection of the community… probation is an extension of the powers of the court over the
future behavior and destiny of the convicted person such as is not retained in other dispositions of
criminal case…
2. “ … in probation ( there ) is the recognition that in certain types of behavior problems which come
before the courts confinement may be both an unnecessary and an inadequate means of dealing with the
individuals involved; unnecessary because in that particular case the end sought, i,e., the protection of
society, may be achieved without the cost of confinement, and inadequate because the prison sentence
may create difficulties and complications which will make more, rather than less, doubtful the
reinstatement of that particular individual as a law-abiding citizen. “

Advantages of Probation
Probation is more advantageous than imprisonment. In probation, the man is spared the degrading,
embittering and disabling experience of imprisonment that might only confirm them in criminal ways. On
the other hand, the offender can continue to work in his place of employment. Family ties remain intact,
thus preventing many a broken home. Also, probation is less expensive which is only one tenth as costly
as imprisonment. To the extent that probation is being used today – about 60% of convicted offenders are
given probation – this type of sentencing therefore, will greatly relieve prison congestion. Chief Justice
Taft of the United States Supreme Court in a case decided by that Court mentioned the purpose of the
federal Probation Act as follows:

“The great desideratum was the giving to young and new violators of law a chance to reform and to
escape the contaminating influence of association with hardened or veteran criminals in the beginning of
the imprisonment… Probation is the attempted saving of a man who has taken one wrong step and whom
the judge think to be a brand who can be plucked from the burning at the time of the imposition of the
sentence. “
ADMINISTRATIVE ORGANIZATION OF PROBATION
During the early stages of probation, the appointment of probation officers and the administration of
probation services were considered as court functions. Later, probation service was provided to serve all
courts within a City or County such courts as juvenile, domestic, municipal and criminal. In this type of
probation service, the probation officers are appointed by the Civil Service Bureau or Commission. In
recent years there has been a trend toward a state integrated probation and parole service for:
∙ Personality: He must be of such integrity, intelligence, and good judgment as to command respect and
public confidence; Because of the importance-of his quasi-judicial functions, he: must possess the
equivalent personal qualifications of high judicial officer. He must be forthright, courageous and
independent. He should be appointed without reference to creed, color, or political affiliation.
∙ Education: A board member should have an educational background broad enough to provide him with
knowledge of those professions mostly closely related to parole administration. Specifically, academic
training which has qualified the board member for professional practice in a field such as criminology,
education, psychiatry, psychology, social work and sociology is desirable. It is essential that he have the
capacity and desire to round out his knowledge, as effective performance is dependent upon an
understanding of legal processes, the dynamics of human behavior, and cultural conditions contributing to
crime.
∙ Experience: He must have an intimate knowledge of common situations and problems confronting
offenders. This might be obtained from a variety of fields, such as probation, parole, the judiciary, law,
social work, a correctional institution, a delinquency preventive agency.
∙ Others: "He should not be an officer of a political party or seek or hold elective office while a member
of the board."
Extinction of Criminal Liability
The criminal liability of the person is extinguished into two instances the partial and total extinction of the
criminal liability of the convicted felon.
Total Extinction of Criminal Liability
1. By marriage of the offended woman
Marriage of the offender with the offended woman after the commission on any of the crimes of rape,
Seduction, Abduction, or Acts of Lasciviousness must be contracted by the offender in good faith. The
marriage contracted only to avoid criminal liability is devoid or has no legal effects and that the criminal
liability of the offender is not extinguish.
2. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability thereof
is extinguished only when the death of the offender occurs before final judgment.
If the offender died before final judgment its pecuniary or civil liabilities is extinguished. But if the
convict died after final judgment the pecuniary penalties or civil liabilities is not extinguished. If the
offended party died it does not extinguish the civil and criminal liability of the offender due to the reason
that the offense is committed against the state.
3. By service of sentence
Crime is a debt by the offender as a consequence of his wrongful act and the penalty is the amount of his
debt. When the payment is made, the debt is extinguished. After the convict has served its sentence its
criminal liability is extinguished but does not include the civil liability.
4. By amnesty, which completely extinguishes the penalty and all its effects:
Amnesty defined. It is an act of the sovereign power granting oblivion or a general pardon for a past
offense. And is rarely, if ever, exercised in favor of a single individual and is exerted in behalf of certain
classes of persons; who are subject to trial but have yet been convicted. However, amnesty maybe granted
after conviction. All its civil liabilities are being extinguished also.
5. By absolute Pardon
Absolute Pardon defined. It is an act grace proceeding from the power entrusted with the execution of the
laws, which exempts the individual on whom it is bestowed from the punishment, the law inflicts for the
crime he has committed.
Pardon will only extinguish the punishment of crime upon acceptance of the grantee. Once pardon is
accepted by the grantee the pardon already delivered cannot be revoked by the authority, which granted
pardon.
As practiced in the Philippines, there are two kinds of pardons, namely, the absolute and conditional
pardons.
Absolute Pardon - is one, which is given without any condition attached to it. The purposes of this kind of
pardon are:
1. To do away with the miscarriage of justice - Under the present method of judicial procedure justice is
not guaranteed. It is possible to convict innocent person, as it is possible for criminals to escape the hands
of justice. When an innocent convict has no more recourse through courts, the remedy is absolute pardon.
The power of the President to pardon offenders on the grounds of innocence is rarely exercised because
the criminal procedures are liberal in granting a new trial in the case of an offender has no more legal
remedy will pardon of this nature be given. If so exercised, absolute pardon is granted after an exhaustive
investigation is conducted and upon recommendation of the Secretary of Justice.
2. To keep punishment abreast with the current philosophy, concept or practice of criminal justice
administration - A criminal act, because of changing scheme of social values, may become non-criminal
at a later date. Therefore, persons serving imprisonment at the time of the repeal of the law abolishing the
crime may be extended absolute pardon. For example, a person serving imprisonment for black marketing
of gasoline when this commodity was rationed may after the repeal of the law on black-marketing be
extended absolute pardon.
3. To restore full political and civil rights of persons who have already served their sentence and have
waited the prescribed period. The greatest number of applications for absolute pardon come from ex-
prisoners who desire to be restored their political and civil rights. In the Philippines, the Office of the
President laid down the policy to grant absolute pardon to ex-prisoners ten years from the date of their
release from prison. Recently the policy was relaxed, thereby shortening the waiting period of five years.
The waiting period is required to give the offender an opportunity to demonstrate that he has established a
new pattern of conduct.
Effects of Absolute Pardon
Absolute Pardon does not work to restore the right to hold public office or the right to suffrage, unless
such rights are expressly restored by the terms of pardon. A pardon does not exempt the offender from the
payment of civil indemnity imposed upon him by the sentence. Absolute pardon totally extinguishes the
criminal liability but not the right of the offended party to enforce the civil liability against the offender.
16 In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the doctrine that the
absolute pardon removes all that is left of the consequences of conviction, and that it is absolute in so far
it restores the pardonee to full civil and political rights.
In another case, the supreme Court reiterated the doctrine laid down on the Cristobal vs. Labrador case
and elucidated further that “an absolute pardon not only blots out the crime but removes all disabilities
resulting from the conviction; and that when granted after the term of imprisonment has expired, absolute
pardon removes all that is left of the consequences of conviction.” (Polobello vs. Palatino, 72 Phil.441)
Differences between Amnesty and Pardon
Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is a
blanket pardon granted to a group of prisoners, generally political prisoners. Pardon is exercised when the
person is already convicted while amnesty may be given before trial or investigation is had.
In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court distinguished pardon from amnesty
in that, “pardon is granted by the Chief Executive and such it is a private act which must be placed and
proved by the person pardoned, because the courts take no notice thereof; while amnesty is by
proclamation with concurrence of Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is granted to classes of persons who may
be guilty of political offenses, generally before or after the institution of criminal prosecution and
sometimes after conviction. “
Limitations of the Pardoning Power
The power of the chief Executive to grant pardon is limited to the following:
1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par. 2, Constitution of the
Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election law may be granted
without favorable recommendation of the Commission of Elections. “(Art. X, Soc. 2, Par. 2 Constitution
of the Philippines)”
3. Pardon is exercised only after conviction.
It is an elementary principle in political law that pardon can only be given after final conviction. Cases
pending trial or an appeal are still within the exclusive jurisdiction of the courts hence, pursuant to the
theory of separation of powers, the Chief Executive has no jurisdiction over the accused.
Partial Extinction of Criminal Liability
Criminal liability is extinguished partially:
1. By conditional Pardon
A conditional pardon delivered and accepted is considered a contract between the sovereign power of the
executive and the convict that the former will release the latter upon compliance with the condition.
2. By Commutation of Sentence
Commutation defined. Is an act of clemency by which an execute act changes a heavier sentence to a less
serious one or a longer term to a shorter term?
17 It is a change of decision of the court, made by the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of the
fine.
Purpose of Commutation of Sentence
a. to break the rigidity of the law;
b. to extend parole in case where the parole law does not apply;
c. to save the file of person sentences to death.
Instances where commutation is provided by law:
1. When the convict who is sentenced to death is over 70 years of age;
2. When the justices of the Supreme Court fail to reach a decision for the affirmation of the death
penalty.
In either case, the degree of penalty is reduced from death to reclusion Perpetua. In commutation of
sentence, consent of the offender is not necessary. The public welfare not his consent determines what
shall be done.
3. By Good Conduct Time Allowance (RA 10592)
The conduct of any prisoner in any penal constitution shall entitle him to the following deductions from
the period of his sentence;
∙ First two years of imprisonment – twenty (20) days of allowed deduction for each month of good
behavior;
∙ Third of fifth year – twenty-three (23) days allowed deduction of each of good behavior;
∙ Sixth to the tenth year – twenty-five (25) days allowed deduction for each month of good behavior;
∙ Eleventh and success years – thirty (30) days allowed deduction for each month of good behavior.
∙ At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month of study, teaching or mentoring service time
rendered.
∙ Remember: An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct.
Special Time Allowance (RA 10592)
∙ Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be
granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence
under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article.
∙ A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose to
stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
∙ “This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving
sentence.”
Authority to Grant
18 ∙ Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology
and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct.
Such allowances once granted shall not be revoked.”
Conditional Pardon - Conditional Pardon serves the purpose of releasing, through executive clemency, a
prisoner who is already reformed or rehabilitated but who cannot be paroled because the parole law does
not apply to him. Thus, a prisoner serving a determinate sentence or life imprisonment is excluded from
the benefits of the parole law. However, when this prisoner has already been reformed, he may be
released on conditional pardon.
Nature of Conditional Pardon
Conditional Pardon is in the nature of a contract, so that it must first be accepted by the recipient before it
takes effect. The pardonee is under obligation to comply strictly with the conditions imposed therein,
otherwise, his non-compliance will result to the revocation of the pardon. (Art. 95, RPC). If the pardonee
violates any of the conditions of his pardon, he will be prosecuted criminally as a pardon violator. Upon
convictions, the accused will be sentenced to serve an imprisonment of prison correctional. However, if
the penalty remitted by the granting of such pardon be higher than six years, the pardonee will be made to
serve the unexpired portion of his original sentence. (Art. 159, RPC)
How Conditional Pardon is given
Conditional Pardon may be commenced by a petition filed by the prisoner, his family or relative, or upon
the recommendation of the prison authorities. The petition or request is processed by the Board of
Pardons and Parole. The Board shall determine if the prisoner has served a sufficient portion of his
sentence; his release is not inimical to the interest of the community; and that there is a likelihood that the
offender will not become a public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President. If the case is premature, the
petitioner is so informed.
Some Guides in Pardon Selection
In determining the fitness of a prisoner for release on conditional pardon, the following points shall be
considered as guides
1. The political, organizational or religious affiliation of the prisoner should be disregarded. 2. Due (but
not undue) regard should be given the attitude of the people in the community from which he was
sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social, economic, psychological
and emotional backgrounds – should be carefully investigated.
Conditional Pardon Distinguished from Parole
The purpose of conditional pardon and parole is the same – the release of a prisoner who is already
reformed in order that he can continue to serve his sentence outside of the institution, thus giving him the
opportunity to gradually assume the responsibilities of a free man. Both releases are subject to the same
set of conditions will subject the parolee or pardonee to be recommitted to prison. The only difference
between the two is the granting authority. In parole the granting authority is the Board of Pardons and
Parole, while in conditional pardon, the granting authority is the President.
Conditions of Pardon and Parole
In the Philippines, the pardonee is given the same set of rules or conditions as the parolee. Among the
conditions usually imposed on pardonees and parolees are the following:
1. That he shall live in his parole residence and shall not change his residence during the period of his
parole without first obtaining the consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get the permission of
the Board, although he may so inform his parole officer (Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to such officer as may
be designated by the Executive Officer of the Board of Pardons and Parole during the first year once a
month and, thereafter, once every two months or as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places or persons of
disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any officer designated by
the Executive Officer of the Board to visit him at reasonable times at his place of abode or elsewhere and
shall truthfully answer any reasonable inquiries concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly manner. 7. That he shall
pay not less than P50.00 a month to the cashier of the Department of Justice in payment of the indemnity
imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may from time to time
make.
Abuse of the Pardon Power and It’s Safeguards
The power vested on the President by the Constitution to grant pardon is very broad and exclusive. It is
not subject to review by the courts. Neither does congress have the right to establish conditions nor
provide procedure for the exercise of pardon. Under these circumstances, it is therefore possible that
unscrupulous Chief Executive can abuse his power. In fact, nearly every presidential election the alleged
abuse of the pardoning power has come up as campaign issue against the incumbent President. The truth
of the charge has never been investigated, but the fact that the alleged anomaly is aired publicly is an
indication that the power to grant pardon may be abused.
There are certain safeguards, however, against the abuse of the pardoning power. First is the
constitutional provision that the President may be impeached for a willful violation of the Constitution.
This is enough deterrent for the Chief Executive to abuse this power. Second, is the policy of the Office
of the Chief Executive, ever since the time of the American Governors General, to approve pardon cases,
which are favorably recommended by the Board of Pardons and Parole. Although this policy does not
wholly bind the President, seldom, if ever, has it been disregarded.
Is Pardon Necessary in our Penal System?
Judges are human beings and are therefore apt to commit errors. It is possible for an innocent to get
convicted, as it is possible for a criminal to escape the hands of justice. An innocent man may not be able
to present evidence to prove his innocence, or may not have the money to hire a good counsel. Many of
our penal laws are outmoded and are no longer kept abreast with current trends of criminal justice
administration. Judges are limited by laws to the use of discretion they may exercise in any given case.
Under any of the above circumstances, an injustice may result, which can only be remedied by the
exercise of pardon.
Ideally, all releases should be by parole. Society can only be sufficiently protected against the ex-prisoner
if the latter is released through parole or conditional pardon. Unfortunately, not all sentences are
indeterminate so that some prisoners are deprived of the privilege of parole. Therefore, pardon is
necessary for the prisoners who do not fall under the parole law.
OTHER FORMS OF EXECUTIVE CLEMENCY
20 Amnesty is a general pardon extended to groups of persons and is generally exercised by executive
clemency with the concurrence of Congress. Usually, the recipients of amnesty are political offenders,
although there are some exceptions. For example, President Truman issued two proclamation granting
amnesty to unnamed persons, one at the end of World War II in 1945 and another at the end of the
Korean Conflict in 1952. In these cases, the persons have been convicted of crimes against the United
States but were pardoned by terms of proclamation for having served in the armed forces for at least a
year during the conflicts. Those who did so received pardons without having to apply for them.
The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168, stated that the “purpose of
amnesty is to bring about the return of dissidents and recalcitrant elements of our population to their
homes and the resumption by them of their lawful pursuits, or occupations, as loyal and law-abiding
citizens, to accelerate the rehabilitation of the war devastated country, restore peace and order, and secure
the welfare and happiness of the communities.”
Amnesty looks backward and abolishes and puts into oblivion the offense itself. It so overlooks and
obliterates the offense with which he is charged that the person released by amnesty stands before the law
as though he had committed no offense.
Amnesty is extended to convict as well as persons who have not yet been tried by the court. Some of the
proclamations of amnesty are as follows:
1. Proclamation No. 51 – This proclamation was issued by the late President Manuel Roxas on January
28, 1948, granting amnesty to those who collaborated with the enemy during World War II.
2. Proclamation No. 76 – This was issued by President Elpidio Quirino on June 21, 1948, extending
amnesty to leaders of the Hukbolahap and Pambansang Kaisahan ng mga Magbubukid (PKM). The
amnesty applied to crimes of rebellion, sedition, illegal association, assault, resistance and disobedience
to persons in authority and illegal possession of firearm.
3. Proclamation No. 51 – was issued in order to attain the following objectives: To pardon those
commited crimes against the security of the State who have changed their hostile attitude towards the
government and have voluntarily surrendered with their arms and ammunitions. To get the dissidents
back into the fold of law-abiding citizens. To gather the loose firearms.
Commutation is an act of clemency by which an executive act changes a heavier sentence to a less
serious one or a long term to a shorter term. It may alter death or life sentence to a term of years.
Commutation does not forgive the offender but merely reduces the penalty of life sentence for a term of
years.
Purposes of Commutation
Some of the common uses of commutations are the following:
2. To break the rigidity of the law - Some penal laws are rigid and unusually cruel. For example, a law-
making qualified theft, the stealing of young coconuts from trees, or fish from the fishpond, or sugar cane
from the sugar cane field. Qualified theft imposes an unusually heavy penalty on the culprit, which is
greatly misappropriated to the value of article stolen. Even if the judge would want to impose a light
penalty, he could not do so because his hands are tied by the provision of the law. The sentence in this
case may be reduced by commutations of sentence.
3. To extend parole in cases where the parole law does not apply - Commutation enables the recipient to
be released on parole when his sentence does not allow him parole, like, for example, when the sentence
is determinate or life sentence, or when the prisoner is 21
serving two or more sentences. The sentence may be changed to an indeterminate sentence by
commutation to enable the recipient to receive parole after serving the minimum of the sentence.
4. To save the life of a person sentenced to death - This is one of the most common uses of commutation
of sentence. In the Philippines, 95% of death penalty cases are commuted to life imprisonment.
Procedures in Commutations
When the sentence of death penalty is confirmed by the Supreme Court, the condemned man or the head
of the prison system (Director of Prisons) may file a petition for commutation. The prisoner is subjected
to a social, psychological and psychiatric examination by the Staff of the Reception Center. The inquiry
will include the sociological history of the prisoner, his criminal history, mental psychological capacities,
work history, etc., the purpose of which is to determine the degree of involvement in crime the prisoner is
in, and to determine if he deserves to be given a new lease in life. The petition is then forwarded to the
Board of Pardons and Parole, together with the reports of examinations of the reception and Diagnostic
Center and the recommendation of the Director of Prison on the petition.
The Board of Pardons and Parole processes the petition and will deliberate on a recommendation after a
careful study of the papers, including the reports of the Reception and Diagnostic Center. It will them
forward the petition, including its recommendation to the President. The President will then act on the
petition. In giving or denying commutation, the President may not follow the recommendation of the
Board of Pardons and Parole.
Reprieve is a temporary stay of the execution of the sentence. Like pardon, the President can only
exercise reprieve when the sentence has become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several days to enable the Chief Executive to
study the petition of the condemned man for commutation of sentence or pardon.
Conditional release is the statutory shortening of the maximum sentence the prisoners serves because of
good behavior while in prison. This is called “good conduct-time “and is given by the law as motivation
for good behavior while serving sentence in prison. Article 97, Revised Penal Code, provides good
conduct time allowance to all sentences under the following schedules:
“Good Conduct time allowance is automatically applied to reduce the sentence but may be taken away
from the prisoner if he fails to obey the rules and regulations of the prison. However, good conduct time
allowance may be remitted as a reward for exceptional services the prisoner may render to the prison
administration, or after the lapse of some time when the prisoner has sufficiently demonstrated that he has
reformed.
“If the prisoner does not forfeit his statutory good conduct time allowance through misbehavior, he is
released at time earned. He is released under supervision as if on parole and subjected to all parole
condition which, if violated, will result in the issuance of a warrant, revocation of his release, and the
requirement that he return to prison to serve the maximum term.”
This form of conditional release is used in Federal, Kentucky, Kansas, North Carolina and Wisconsin
correctional institutions. The release of the prisoner is mandatory when the accumulated time deducted
from the sentence for good behavior and work credits makes it mandatory to release the prisoner. The
Board of Parole does not participate in the selection process. This form of release does, however, enable
the parole staff to provide supervision for a period of time by which his release has been advanced for
good behavior as though the offender was on parole. The released prisoners are subject to the regulation
and control of parole.
22 In the Philippines, the prisoner who is released from prison after serving his sentence less the good
conduct time allowance, is released without any condition and is considered to have served his sentence
in full.
Act No. 2489, otherwise known as the Industrial Good Time Law, provides that when a prisoner has been
classified as trusty or penal colonists, he is given an additional 5 days’ time allowance for every month of
service. A prisoner serving life sentence has his sentence automatically reduced to 30 years of
imprisonment upon attaining the classification of trusty or penal colonists.
CHAPTER 5
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 nonfood 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 and modify
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. Refferals 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. 26
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
27 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 them 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 act 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 6
Introduction to Human Rights
1. What are human rights?
∙ Human rights, according to the Stanford Encyclopedia of Philosophy, refers to norms that aim to protect
people from political, legal, and social abuses.
∙ The United Nations (UN) defines human rights as universal and inalienable, interdependent and
indivisible, and equal and non-discriminatory.
∙ Human rights are:
∙ Universal and inalienable. Human rights belong to all and cannot be taken away unless specific
situations call for it. However, the deprivation of a person's right is subject to due process
∙ Interdependent and indivisible. Whatever happens to even one right – fulfillment or violation – can
directly affect the others
∙ Equal and non-discriminatory. Human rights protect all people regardless of race, nationality, gender,
religion, and political leaning, among others. They should be respected without prejudice.
∙ Human rights can also be classified under individual, collective, civil, political, economic and social,
and cultural.
2. What laws or legal documents ensure the human rights of Filipino citizens? ∙ The rights of
Filipinos can be found in Article III of the 1987 Philippine Constitution. Also called the Bill of Rights, it
includes 22 sections which declare a Filipino citizen’s rights and privileges that the Constitution has to
protect, no matter what.
∙ Aside from various local laws, human rights in the Philippines are also guided by the UN’s International
Bill of Human Rights – a consolidation of 3 legal documents including the Universal Declaration of
Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR). As one of the signatories of
these legal documents, the Philippines is obliged to recognize and apply appropriate laws to ensure each
right’s fulfillment.
3. Who oversees the fulfillment and protection of human rights in the Philippines? ∙ Human rights
are both rights and obligations, according to the UN. The state – or the government – is obliged to
“respect, protect, and fulfill” these rights.
∙ Respect begets commitment from state that no law should be made to interfere or curtail the fulfillment
of the stated human rights. Protecting means that human rights violations should be prevented and if they
exist, immediate action should be made.
∙ In the Philippines, the Commission on Human Rights (CHR) primarily handles the investigations of
human rights violations. However, it has no power to resolve issues as stated in the Supreme Court
decision in 1991.
∙ Established in 1986 during the administration of President Corazon Aquino, CHR is an independent
body which ensures the protection of human rights guaranteed by the Bill of Rights.
∙ Aside from investigations, it also provides assistance and legal measures for the protection of human
rights guided by Section 18 Article XIII of the Philippine Constitution.
4. 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.
Laws in Human Rights
A. 1987 PHILIPPINE CONSTITUTION Article III. Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political
rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access
to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as
well as to government research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation. Section 10. No
law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
Section 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 against him.
(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.
Section 13. All persons, except those charged with offenses punishable by reclusion Perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion Perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by
law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
B. Universal Declaration of Human Rights
Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.
Article 3. Everyone has the right to life, liberty and security of person.
Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.
Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6. Everyone has the right to recognition everywhere as a person before the law.
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal charge against
him.
Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not
constitute a penal offence, under national or international law, at the time when it was committed. Nor
shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was
committed.
Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of
the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right
to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its
dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society
and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be
compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen
representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in
periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization and
resources of each State, of the economic, social and cultural rights indispensable for his dignity and the
free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favorable conditions of
work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of
his family, including food, clothing, housing and medical care and necessary social services, and the right
to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or
out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional education
shall be made generally available and higher education shall be equally accessible to all on the basis of
merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening
of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and
to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this
Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality
is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality, public order and the general welfare
in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the
United Nations.
Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights and
freedoms set forth herein.
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 nondiscrimination 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 derivative of a person’s liberty are
primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved only
if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into
society upon release so that they can lead a law-abiding and self-supporting life.
2. 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.
• Part II. 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.
o A. Prisoners under sentence
o B. Prisoners with mental disabilities and/or health
conditions
o C. Prisoners under arrest or awaiting trial
o D. Civil prisoners
o E. Persons arrested or detained without charge
CHAPTER 7
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 Daily Inquirer;
hence, the effectivity day of R.A. No. 7309 is 14 April 1992.
3The 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 absence 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 Programmed 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 has 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 8
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
The Generic TC Model
As a social-psychological form of treatment for addictions and related problems, the TC has been
typically used in the United States to treat youth with the severest problems and for whom long-term care
is indicated. TCs have two unique characteristics:
• The use of the community itself as therapist and teacher in the treatment process
• A highly structured, well-defined, and continuous process of self-reliant program operation
The community includes the social environment, peers, and staff role models. Treatment is guided by the
substance use disorder, the person, recovery, and right living (De Leon 1995a).
Right living emphasizes living in the present, with explicit values that guide
individuals in relating to themselves, peers, significant others, and the larger society. Recovery is seen as
changing negative patterns of behavior, thinking, and feeling that predispose one to substance use and
developing a responsible substance-free lifestyle. It is a developmental process in which residents
develop the motivation and know-how to change their behavior through self-help, mutual self-help, and
social learning.
The theoretical framework for the TC model considers substance use a symptom of much broader
problems and, in a residential setting, uses a holistic treatment approach that has an impact on every
aspect of a resident's life. Residents are distinguished along dimensions of psychological dysfunction and
social deficits. The community provides habilitation, in which some TC residents develop socially
productive lifestyles for the first time in their lives, and rehabilitation, in which other residents are helped
to return to a previously known and practiced or rejected healthy lifestyle (De Leon, 1994). A primary
distinction between the TC approach and 12-Step-based programs is the belief that the individual is
responsible both for his addiction and for his recovery. Where AA says "let go, let God," TCs take the
view that "you got yourself here, now you have to get yourself out with the help of others."
Traditionally in the TC, job functions, chores, and other facility management responsibilities that help
maintain the daily operations of the TC have been used as a vehicle for teaching self-development.
Remaining physically separated from external influences strengthens the sense of community that is
integral to the residential setting. Activities are performed collectively, except for individual counseling.
Peers are role models, and staff members are rational authorities, facilitators, and guides in the self-help
method. The day is highly structured, with time allocated for chores and other responsibilities, group
activities, seminars, meals, and formal and informal interaction with peers and staff members. The use of
the community as therapist and teacher results in multiple interventions that occur in all these activities.
Treatment is ordinarily provided within a 24-hour, 7-days-per-week highly
structured plan of activities and responsibilities. Although recommended treatment tenures have generally
shortened in recent years, averaging around 1 year, they may last as long as 18 months. The full-time
approach is part of the ecological point of view held by proponents and leaders of TCs. The program is
conducted in three stages: induction, primary treatment, and preparation for separation from the TC (De
Leon, 1994).
Like many other substance use disorder treatment providers in today's health care market, TC personnel
are committed to providing services to residents in shorter periods of time and with decreased resources
than was the case in previous years. Modifications of the traditional residential model and its adaptation
for special populations and settings are redefining the TC modality within mainstream and mental health
services. Two new strategies have recently been suggested: focusing goals on moving the resident to the
next stage of recovery in another, less expensive setting, or expanding aftercare opportunities in
residential and day treatment programs following TC treatment (De Leon 1995a, 1995b; Rosenthal et al.,
1971).
ADOLESCENTS IN TCS
Jain chill and others have pointed out that only recently has cross-site information describing adolescents
who enter TCs been compiled (Jain chill, 1997). One exception was the Drug Abuse Reporting Program
(DARP), which in the 1960s and 1970s found that almost one-third of the TC sample was younger than
20 years old. (DARP was the nation’s first comprehensive multimodality study of the treatment industry.)
Those teenage TC residents typically were white males who used opioids (Rush, 1979). Data are sparse
after the 1970s. However, new data reveal that adolescents make up 20 to 25 percent of the residents in
TCs. Some 80,000 clients were admitted to TCs in 1994 (De Leon, 1995b).
Resident Characteristics
Adolescents who enter TCs tend to have serious substance use and behavioral problems that render them
dysfunctional in many arenas (Jain chill, 1997). Common problems are truancy, conduct disorders, poor
school performance, attention deficit/hyperactivity disorder (AD/HD), learning disabilities, and problems
relating to authority figures. In terms of substance use history, adolescents entering TCs have begun
substance use at an earlier age and have greater involvement with alcohol and marijuana and less use of
opiates compared with adults. Many youths in TCs have been referred by the juvenile justice system,
family court, or child welfare (social service) systems and reflect an early involvement with illegal
activities and family dysfunction. Conduct disorders and juvenile delinquency are common. In fact, some
TCs are operated by criminal justice institutions, such as correctional agencies, and may be structured as
minimum-security correctional facilities.
Less frequently, adolescents enter the TC under parental pressure. Thus, extrinsic pressures are usually
required to coerce the adolescent into treatment and to keep her there. It is not uncommon for such
residents to have little motivation to change their behavior.
Most adolescent residents are males mandated by the court, and problems of social deviance are
commonplace. Because adolescent females commit fewer crimes and less violent ones than do adolescent
males (Jain chill et al., 1995), they are not often mandated to a TC, although they may be brought to
treatment by a family court. However, even those adolescent females with the same range and type of
problems as the males generally do not enter TCs. One of the questions facing the TC movement is how
to create and conduct effective outreach for adolescent females who need treatment. Very often, when
females do enter TCs, their problems are found to be more severe than the problems of most of the males.
When females are enrolled in the TC, sleeping quarters are separate but activities are very often coed
(Jain chill et al., 1995).
Both adults and adolescents in TCs share many problems. There is little difference between the social
histories of adult and adolescent users in residential treatment concerning onset and pattern of substance
use, academic performance, and juvenile delinquency (De Leon, 1988).
A core feature of TC treatment for adults and adolescents alike is that the community serves as the
primary therapist--treatment is a community process, and it is not possible to identify a single individual
as therapist. Although adolescents often have a primary counselor with whom they work individually,
everyone in the community, including the adolescents themselves, has responsibility as a therapist and
teacher. Peer-group meetings led by an adolescent with a staff facilitator are common.
The community's role is critical to the client's habilitation and rehabilitation. For the adolescent, the
community may be even more crucial than for adults because the TC functions as the family. This is a
significant function because many youths in TCs come from dysfunctional families. Being a member of
the TC community gives them an opportunity to experience and learn how to have and maintain positive
relationships with authorities, parents, siblings, and peers. Nearly all activities, even housekeeping
responsibilities, are considered part of the therapeutic process. It is precisely because adolescent residents
usually come from environments without structure, routine, rules, or regulations that the TC is ideally
suited to providing their treatment.
Modifications that are generally made in the TC model for treatment of adolescents are
summarized as follows:
• The duration of stay is shorter than for adults.
• Treatment stages reflect progress along behavioral, emotional, and
developmental dimensions.
• Adolescent programs are generally less confrontational than adult programs. • Adolescents have less
said in the management of the program.
• Staff members provide more supervision and evaluation than they do in adult programs.
• Neurological impairments, particularly learning disabilities and related disorders (e.g., AD/HD), are
assessed.
• There is less emphasis on work and more emphasis on education, including actual schoolwork, in the
adolescent program.
• Family involvement is enhanced and ideally should be staged, beginning with orientation and education,
then moving to support groups, therapy groups, and therapy with the adolescent. When parental support is
nonexistent, probation officers, social workers, or other supportive adults in the youth's life can
participate in therapy. Additional modifications are made depending on the specific needs of
the program's referral and funding sources (Rockholz, 1989). For example, some programs primarily
serve protective services cases (e.g., abuse and neglect, homelessness) involving adolescents who often
present with psychiatric needs that require medication. Others serve juvenile and criminal justice system-
involved youths with behavioral disorders, who require anger management programming and who
respond better to more traditional confrontation techniques. Still others operate college preparatory TCs,
without the use of psychotropic medications, for emotionally troubled, upper-middle class youths.
Duration of Stay
In the past, TCs for adolescents were entirely residential programs lasting 18 months to 2 years--the time
required for behavior change to be internalized and practiced by the adolescent. The conservative funding
policies that typify the 1990s have introduced complex issues for residential TCs because success in
treatment is correlated positively with extended stay in the program. As with so many other issues in
substance use disorder treatment today, final decisions often have to be based more on financial
considerations than on therapeutic need, with the result that most programs can plan only for a course of
treatment that lasts 6 to 12 months. A few programs are attempting to provide TC treatment in 6 months;
this is a radical move. Clinical wisdom suggests that the ideal duration of treatment for adolescents in a
TC is 12 to 18 months and that adolescents with very deep and complicated disorders cannot be treated
effectively in 28 days. However, no research is available to compare treatment success in 28-day
programs with treatment in the longer stay programs.
Staffing
Originally, only persons in recovery staffed TCs, and TC directors and staff were opposed to therapy by
psychologists, psychiatrists, and other mental health personnel such as social workers or family
counselors. TCs are now integrating the services of professionals with training in some area of mental
health, and there is recognition that individual counseling can complement the group approach, which
was the mainstay of treatment during the first two decades of TCs.
TC staffs today are a mixture of nondegree frontline counselors and degreed professionals. The
counselors who do not have degrees typically facilitate the daily TC activities and serve as role models
for successful recovery; the degreed staff includes vocational counselors, nurses, psychologists, social
workers, and substance abuse counselors. Having an on-site nursing staff is important to monitor
medications, provide health education, and provide cross-training for the counselors, particularly
regarding the symptomatology of addiction. Teachers in a TC program for adolescents must understand
substance use disorders among youths from disadvantaged families with severe dysfunction. Cross-
training for the teachers is also important. It is essential that the counselor meet at least weekly with the
teacher(s) to integrate schooling into the program. Psychiatrists are often involved because of the
common presence of disorders such as depression or AD/HD. Pharmacological agents for coexisting
disorders are now permitted and are used widely by some TCs serving adolescents with coexisting
mental disorders.
Depending on the size and staffing of the TC, there will be some combination of administrative, legal,
dietary, and maintenance staff. The people in these categories are often considered integral to the clinical
process. For example, office personnel may actually have some clinical input in terms of hands-on
management of a resident who has a job function under their supervision. It is essential that all employees
who have any direct or indirect dealings with residents receive training that gives them a thorough
understanding of the TC concept and its bearing on their specific duties.
Protocol
Most programs are designed so residents can progress through phases as they advance through treatment.
Tied to the phases are increased responsibilities and privileges. One cannot advance to the next higher
level until he demonstrates responsibility, self-awareness, and consideration for others (De Leon, 1995a).
By moving through these structured phases, the adolescent acquires and benefits from
psychological and social learning before proceeding to the next stage. Each stage prepares the resident for
the next. After becoming a responsible member of the treatment community, the adolescent can move on
to the outside community. In adult TCs, residents advance through developmental stages to a level of
authority in which they become responsible for the TC's operation. However, this is not appropriate for
adolescents, for whom the staff plays the role of effective parents.
Creating a Safe Environment
Part of the ecological approach to treatment in the TC is the creation of a safe and nurturing environment,
within which adolescents can begin to experience healthy living. It is important for the staff of the TC to
understand what type of home, neighborhood, and social environment from which each adolescent comes.
Many adolescents enrolled in the TC come from unsafe physical and psychological
environments; the characteristics of the home and neighborhood do not facilitate healthy living, and many
risk factors may be environmental. For example, many of these adolescents are third-generation substance
users who have grown up in an environment where substance use is an everyday activity. Often, physical
or psychological violence accompanies the addictive practices, and children and adolescents may be
physically and psychologically damaged.
Essential to creating a safe environment is the TC's strict adherence to "cardinal rules" that, at a
minimum, prohibit substance use or possession, physical threats or violence, or sexual contact. It is also
essential that the environment be psychologically safe by ensuring, for example, that adolescents are not
verbally attacked and that they feel comfortable enough to disclose even the most sensitive of events (and
associated feelings), such as sexual abuse.
Groups in the TC for Adolescents
Various types of counseling groups are provided in the TC. Groups constitute an important therapeutic
technique, as they have since the earliest TCs were established. Typically, everyone attends at least one
group session a day.
Today's TCs generally do not use the grueling encounter groups and all-night “marathons" of their earlier
counterparts, but modified encounter groups still are common. Some programs have begun to move away
from encounter groups and have included 12-Step work, as in the 12-Step model of treatment. Techniques
such as confrontation, designed to help adolescents recognize and acknowledge their feelings and learn to
accept personal and social responsibility, can be counterproductive by raising clients' defensiveness.
Group meetings at advanced stages of the program are composed of peers, whereas other groups for
adolescents are led by qualified counselors or therapists. Many of the TC programs for adolescents use a
cognitive restructuring approach to change adolescents' thinking and to redirect the focus of their
attention to healthier behavior.There are various types of groups that deal with physical and sexual
abuse, although it is very difficult to get adolescents to acknowledge that they have experienced abuse.
Skill groups also exist in adolescent TCs to enhance existing skills or build new ones.
Education
Enabling residents to receive a good education and at least complete high school are critical goals for
adolescent TCs. Comprehensive TCs provide their own schools, licensed as required, with full-time,
salaried, or local educational agency-provided teachers. Others have a teacher who comes in part time to
conduct classes. All teachers must be State-certified to provide special education or education in their
specific subject area. Residents must receive a minimum of 5 hours of academic instruction per school
day. It is critical that educational services be fully integrated into the TC program and that they be
consistent with the TC process. Teaching staff should be active in the treatment planning process, and
behavioral management programming should be integrated into the "house" procedures. Because
schooling replaces most of the work responsibilities common in adult TCs, the adolescent's workload is
not as heavy as that of the adult. Each resident has assigned job responsibilities in the evening and on
weekends, such as preparing dinner, washing dishes, mopping, dusting--the important tedium of sober
life. After dinner, there is study time and a group meeting. Lights-out is monitored at a specific time, such
as 10:30 p.m.
Recreation
Recreational activities are important for teenagers in TCs who need help in learning to enjoy themselves
and others without using substances. These activities help overcome boredom, a key problem with
adolescents. Physical activities, such as outdoor sports, are necessary but difficult to provide in winter,
particularly in programs that are housed in a limited amount of space. Some TCs have incorporated
relationships with local public facilities or programs such as Outward Bound.
Aftercare
During the first two decades of the TC, residents spent 18 to 24 months in treatment and were essentially
considered to be "cured" and not in need of formal aftercare services. As the average length of stay
decreased, however, it became necessary to return adolescents to their families or independent living
situations with continuing treatment needs. Others required halfway houses, which were, and continue to
be, scarce. In most cases today, adolescents are referred to outpatient programs, especially for continued
family therapy. Some are served through alumni or other affiliated aftercare resources of TC agencies.
Although Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) are minimally included in many
adolescent and adult TCs, most programs have experienced significant improvements in treatment
outcomes when they introduce residents to AA/NA during the reentry phase of treatment and strongly
encourage them to use these 12-Step programs as valuable and effective aftercare supports. Evaluative
work documenting significant reductions in recidivism, substance use, and antisocial behavior through the
use of dedicated TC residents in the community for aftercare is just beginning to emerge, primarily from
researchers dealing with adult prison populations (Inciarte et al., 1997). Ideally, sophisticated satellite
aftercare programs should be provided in the communities where the residents live. For adolescents,
aftercare programs should include a family therapy component.
Involvement of the Adolescent's Family
In the early days of the adolescent TC, families were often viewed as the cause of the adolescent's
problems and were kept away from the adolescent. Families were usually only involved with occasional
parent support groups or Al-Anon and thus were 48
kept away from their children. For cases in which the adolescent planned to return home, parents were
usually brought in for a conference or two shortly before the adolescent left residence in the TC. In many
cases, adolescents were older and tended to move out to independent living in the community near the TC
program--often with little or no family counseling.
Today, TCs often provide comprehensive family services programs, including such components as family
assessments, family counseling and therapy including multifamily groups, parent support groups, and
family education programs. Some TCs have well-established parent groups that provide program
fundraising and scholarship assistance initiatives. Regular visitation remains limited in most TCs to
weekly or monthly open houses and special events such as graduations. The issues of accessibility and
limited family supports are challenging to TCs, especially when they are located away from families.
Many families lack the transportation or interest to be involved in regular family programming. In some
cases, adolescents have no living parents or have a parent who is incarcerated. In cases such as these,
teleconferencing and family counseling with the individual are necessary alternatives. Some programs
develop agreements with other service providers where the family resides. These programs can help with
parenting skills training and can provide support and guidance on how to help the youth maintain his
recovery. The TC tends to provide a surrogate extended family for residents, which can provide a
corrective experience resulting in more positive self-identity. Ideally, staff members and the community
as a whole provide effective reparenting through a balance of discipline without punishment or shaming,
along with love and concern without enabling.
Related to this is the issue of rural programs versus urban programs that are located closer to the homes of
TC residents. Proponents of city programs argue that it is unfair to take adolescents away from their
families for the duration of treatment. On the other hand, if the family is really dysfunctional, it is better
to keep adolescents away from their family. Locating the adolescent in a rural area away from the
environment in which she was involved with substances and away from her peers in that environment
may strengthen the adolescent's resistance upon return to that environment. There is disagreement on this
matter, however; some authorities believe there is no value in moving the adolescent to a rural area.
Others take a middle ground by placing the adolescent in a rural TC initially and then returning the youth
to treatment in her original environment.
Special Issues of the Adolescent TC Resident
TC staff members must be prepared to deal with many special issues of
adolescents that will come to the fore in the treatment process. Three are particularly common and
important: self-image, guilt, and sexuality (De Leon, 1988; Jain chill, 1997).
Self-image
Adolescents are struggling to develop an identity, which is a critical and sometimes difficult task, even
for those leading ordinary lives without the types of problems experienced by an adolescent in the TC.
They often select images they want to assume, body postures, and an affected manner of speaking that
may be inappropriate. Their images may be embedded in street culture and gang affiliation. Staff
members can work with them and help them see how a healthy identity develops and is maintained; they
are in a position to help the adolescent avoid the acquisition of a negative self-image that can be
destructive. Once this stage of understanding has been reached, staff members can help adolescents
develop self-monitoring methods to assess their own images as well as images of others and to suggest
changes in behaviors, dress, speech, or even posture, when appropriate.
Guilt
Many experienced TC professionals view guilt as the fundamental feeling
associated with self-defeating behavior, including substance use and acting out against others (such as by
stealing). They frequently say to adolescents, "Guilt kills," which expresses their understanding that
negative behavior produces guilt, which in turn, results in more negative behavior to escape guilty
feelings. Adolescents can benefit from help with self-guilt (e.g., how their actions have hurt other people)
and community guilt (e.g., breaking house rules or not confronting negative behavior and attitudes of
other residents).
TC staff members regularly address guilt in encounter groups, seminars, counseling, and even in special
guilt sessions, in which confession is the first step in counteracting the feeling of guilt. While it is
necessary to disclose the act itself, the root issue in these sessions is the concealment of that act, which
the adolescent must confess. Discussion of guilt is valuable for all adolescents, whether they are
undergoing group, community, or individual therapy (DeLeon, 1995a). It is of critical importance that the
residents understand the relationship between guilt and self-destructive behavior. Recognition and
acceptance of the pain associated with guilt is the first step to an experiential basis for new social
learning. Finally, it is hoped that the resident will understand that acknowledging past misdeeds can be a
springboard for commitment to a changed future.
Sexuality
Sexuality, social behavior, and personal identity are interrelated in all human beings, but problems in
these areas are intensified during adolescence. Staff members will encounter problems related to sexual
feelings, sex roles, values, attitudes, and interpersonal relationships between the sexes. Some residents
may be trying to cope with feelings related to sexual abuse. The adolescent must learn to manage strong
sexual impulses. Sexual adjustment of adolescents with substance use disorders is complicated by other
problems such as the lack of sex education at home or school or having poor role models. Altogether,
there is a risk that the adolescent will develop distortions in attitude, values, and self-perceptions
regarding sex.
TC professionals can best deal with these problems through management and rules (e.g., rules against
sexual contact) and through providing sex education in seminars as well as dealing with sexual issues
during encounter groups, one-on-one counseling, and special sessions that are focused on problem
solving. Boys' and girls’ living spaces should be separated. The longer term stay and increased contact
make TCs a good environment for counseling and education on HIV infection, AIDS, and safe sex; the
TC can make a real contribution to the young person's life by helping her understand and practice safe
sex.
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 are 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. 51
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 padrones.
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, padrones, 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, Dental 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
53 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.