COURSE DESCRIPTION: This course covers the different therapeutic modalities, treatment models,

treatment programs, and policy or program intervention for both in Institutional and non-institutional
corrections. The forging of partnerships, involvement and engagement of Government Agencies, Religious
Sector, Private Foundations, Institutions and Non-Governmental Organizations focused on the
Detainee’s/Inmate’s/Person Deprived Liberty’s total welfare and well-being.

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
policestations 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 equipments
6. Keying system
7. Emergency plans

Custody – is the guarding or penal safekeeping, it involves security measures to ensure

security and control within the prison. The Prison Custodial Division carries it out. The
Prison Custodial Division is charged of all matters pertaining to the custody of the
Prisoners and security of the institution.
Disciplinary Board

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

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

Functions of the Disciplinary Board

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

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

Authorized Disciplinary Penalties:

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

Limitation of Punishment

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

Procedure in Hearing Disciplinary Cases

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

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

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

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

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

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

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

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

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 other 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 issued 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 Cort;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest
and commit a person to jail.

Classification - refers to assigning or to grouping of inmates according to their

respective penalty, gender, age, nationality, health, criminal records, etc.

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

a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting
final judgment.

Classification of prisoners - The four (4) main classes of prisoners are:

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

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

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

Inmates Security Classification-The following are the classifications of inmates

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

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 programs. 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
Is the placing of prisoners into types or
categories for the implementation of the best
treatment programs. It is a method by which
diagnostic treatment planning and execution
of treatment programs are coordinated in
individual cases.
Diversification
Is an administrative device of correctional
institutions of providing varied and flexible
types of physical plants for more effective
control of the treatment programs of its
diversified population. It is the separation of
different types of inmates for sound
execution of their treatment and custody.

The Classification Process

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

Objectives of Classification Process

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

The Three Phases of Classification

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

Admission Procedure in Prison

 Receiving – prisoners from city or provincial jails 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
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”.
Jail
a place of confinement for those
who are awaiting 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 “Caula or
Jaula”, 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

The 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 are 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 nit 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 o 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 extinguished 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 extinguished 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 application 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.

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.
 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 do 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

 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

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:

1. 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.
2. 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 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.
3. 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.

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:

a. Inmates’ custody, security and control program.

b. Inmates’ welfare and development program.
c. Decongestion program.
d. Good governance.

B. Core Programs

a. Provisions of Basic Needs

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

b. Health Services

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

c. Educational Program

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

d. Skills Training/ Enhancement Program

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

e. Livelihood Program

The livelihood program presents income-generating activities to PDL during their confinement
where they are able to earn for their personal upkeep and for financial support to their
families. The capital for the livelihood project are 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.

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

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

C. Education and Skills Training

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

In most correctional facilities, vocational programs are incorporated into job assignments and
serve as on-the-job training. The goal is to provide inmates with skills that will improve their
eligibility for jobs upon release. Most prison vocational training is geared toward traditional
blue-collar employment in areas such as electronics, auto mechanics and handicrafts. At the
Reception and Diagnostic Center, a basic computer literacy course with typing as a support
course is available for inmates who have finished at least high school level.

Vocational training and social education focus on job readiness. The concern in these areas is
life skills. If inmates are to reenter society and abstain from criminal activity, they must be
employable and have the basic tools necessary to function as responsible citizens.

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

D. Sports and Recreation

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

All prison and penal farms have adequate recreational facilities for inmates, both for
outdoor and indoor sports. Mini-bodybuilding gyms are available in most prison facilities,
including the Muntinlupa Juvenile Training Center and the Therapeutic Community Center for
inmates with drug cases.

For music lovers and musically-inclined inmates, numerous "videoke" centers are available.
Musical instruments are available for practice or for use in variety shows..

E. Moral and Spiritual Program

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

F. Therapeutic Community

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

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

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

The TC approach has been continuously proven worldwide as an effective treatment and
rehabilitation modality among drug dependents, and have been noted to be effective in many
prisons. By immersing a drug offender in the TC environment, he learns why he had developed
his destructive habits, which led him to substance abuse. The program modifies negative
behavior and or attitudes while restoring self confidence, and prepares inmates for their re-
integration into their families and friends as productive members of the community. This
behavioral modification program gradually re-shapes or re-structures the inmate within a
family-like environment, wherein every member acts as his brother’s keeper.

As TC family members go on with their daily activities, a strong sense of responsibility and
concern for each other’s welfare are developed. They are constantly being monitored for their
progress and are regularly being evaluated by the TC-trained staff. The TC process allows for
genuine introspection, cultivation of self-worth and positive rationalization that move the
individual towards assuming a greater sense of personal and moral responsibility.

The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care
using the TC approach is in line with its commitment to create a Drug-Free Prison. Worldwide
developments in the treatment and rehabilitation of drug offenders using this therapeutic
community approach have been noted to be effective in many prisons.
 CHAPTER 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:
o 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
o Interdependent and indivisible. Whatever happens to even one right – fulfillment or
violation – can directly affect the others
o 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.
o 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, colour, 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 statusof 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 defence. (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 honour 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 favourable
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 favourable 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 well-
being 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 no
discrimination on the grounds of race, colour, sex, language, religion,political or other
opinion, national or social origin, property, birth or any
other status. The religious beliefs and moral precepts of prisoners shall
 be respected.
2. In order for the principle of non-discrimination to be put into practice,
prison administrations shall take account of the individual needs of
prisoners, in particular the most vulnerable categories in prison settings.
Measures to protect and promote the rights of prisoners with special needs are required
and shall not be regarded as discriminatory.
o Rule 3
Imprisonment and other measures that result in cutting off persons from the
outside world are afflictive by the very fact of taking from these persons the
right of self-determination by depriving them of their liberty. Therefore the
prison system shall not, except as incidental to justifiable separation or the
maintenance of discipline, aggravate the suffering inherent in such a
situation.
o Rule 4
1. The purposes of a sentence of imprisonment or similar measures
deprivative of a person’s liberty are primarily to protect society against
crime and to reduce recidivism. Those purposes can be achieved only if
the period of imprisonment is used to ensure, so far as possible, the
reintegration of such persons into society upon release so that they can
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 he 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.

The provisions of the Act shall be applied prospectively. All incidents or bases for filing an
application under Sec. 3 of R.A. 7309 must have happened on or after 14 April 1992 and within
the period provided for in No. 4, to be covered by the law.

 May the decision of the Board of Claims be appealed?

Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15) days from
receipt of the resolution of the Board, to the Secretary of Justice whose decision shall be final
and executory."

B. Rape Victim Assistance and Protection

 Republic Act 8505: Rape Victim Assistance and Protection Act of 1998

 Rape Crisis Center. — The Department of Social Welfare and Development

(DSWD), the Department of Health (DOH), the Department of the Interior and
Local Government (DILG), the Department of Justice (DOJ), and a lead non-
government organization (NGO) with proven track record or experience in
handling sexual abuse cases, shall establish in every province and city a rape
crisis center located in a government hospital or health clinic or in any other
suitable place for the purpose of:

(a) Providing rape victims with psychological counselling, medical and

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

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

 Duty of the Police Officer.— Upon receipt by the police of the complaint for
rape, it shall be the duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is
detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.

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

 A women’s desk must be established in every police precinct throughout the

country to provide a police woman to conduct investigation of complaints of
women rape victims. In the same manner, the preliminary investigation proper or
inquest of women rape victims must be assigned to female prosecutor or
prosecutors after the police shall have endorsed all the pertinent papers thereof
to the same office.

 Protective measures. At any stage of the investigation, prosecution and trial of

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

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

C. Child Protection Program

Executive Order No. 53

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

Role of the CSPC

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

Vision

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

Mission Statement

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

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

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

What is child abuse?

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

What is cruelty?

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

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

cruelty?

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

What physical injury is considered as child abuse?

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

What psychological injury is considered as child abuse?

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

What is child neglect?

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

What is child sexual abuse?

It is the employment, use, persuasion, inducement, enticement or coercion of child to engage

in, or assist another person to engage in sexual intercourse or lasciviousness conduct or the
molestation or prostitution of, or the commission of incestuous acts, on, a child.

What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child to perform in obscene

exhibitions and incident shows, whether live, on video or film, or to pose or act as a model in
obsence or pornographic materials, or to sell or distribute said materials.

Where can one report child abuse cases?

Department of Social Welfare & Development or to the Child Health and Intervention
and Protective Service (CHIPS) Tel. No. 734-4216

 Anti-Child Abuse, Discrimination, Exploitation Division (ACADED) National Bureau of

Investigation Tel. Nos. 525-6028/525-8231 loc. 403 & 444

 Commission on Human Rights Child Rights Center Tel. No. 927-4033 (Mon-Fri during
office hours)

 Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 724 8749 or
nearest police station

 DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or contact the nearest
Provincial, City or Regional Prosecutor

 Local Barangay Council for the Protection of Children

Who are required by law to report child abuse cases?

The following must report child abuse case:

1. The head of a public or private hospital, medical clinic or similar institution, as well as
the physician and nurse who attended to the needs of the abused child.

2. Teachers and administrators of public schools

3. Parole and probation officers

4. Government lawyer

5. Law enforcement officers

6. Barangay officials
 7. Correction officers such as jail guards

8. Other government officials and employees whose work involves dealing with children

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

Yes.

Who can file a complaint for child abuse?

The child victim

1. The parent or legal guardian of the victim

2. The grandparent, or relative of the child victim up to a first cousin

3. The Barangay Chairman

4. One of a group of 3 or more persons who have personal knowledge of the abuse.

Where should a complaint for child abuse be filed?

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

Protecting Filipino Children From Abuse, Exploitation and Violence

MAJOR STRATEGIES AND CORE INTERVENTIONS

(Comprehensive Programme on Child Protection, 2006-2010 Building a Protective and Caring
Environment for Filipino Children)

A. Preventive Actions and Early Interventions

1. Sensitizing families, communities and LGUs

2. Facilitating effective access of children at risk to relevant early and basic education and
vocational training

3. Equipping children with knowledge and skills to protect themselves

4. Promoting responsible and effective parenting education for families

5. Supporting livelihood activities and facilitating access to credit and employment

opportunities

6. Organizing, activating and strengthening local councils for the protection of children

B. Rescue, Recovery, Healing and Reintegration

 1.Strengthening monitoring and rescue mechanisms

2. Improved psychosocial recovery and healing services and reintegration of children into
their families and communities

3. Promoting alternative family care for children deprived of a family environment

4. Family and community empowerment to facilitate psychosocial recovery, healing and

social reintegration

5. Upgrading technical competencies of program managers, supervisors, social workers,

and other service providers in helping children

C. Legal and Judicial Protection Measures

1. The review, reform and enactment of laws making them consistent with the principles,
provisions and standards of the Convention on theRights of the Child and other UN standards on
juvenile justice have gained headway with the passage of Republic Act 9344 or the “Juvenile Justice
and Welfare Act” in April 2006.

2. Specialized and integrated training program for the pillars of the justice system have
been conducted under the auspices of the Philippine Judicial Academy (PJA) of the Supreme Court,
the Institute of Judicial Administration (IJA) of the University of the Philippines (UP), the
Department of Justice (DOJ), the National Bureau of Investigation (NBI), the Philippine National
Police (PNP), the Department of Interior and Local Government (DILG), the Department of Labor
and Employment (DOLE), the Commission on Human Rights (CHR), and law schools such as the
Ateneo and UP, with the support of NGOs such as the Child Protection Unit (CPU) of the Philippine
General Hospital (PGH), among others.

CHAPTER 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: behavioural and psychodynamic. Behavioural approaches
are usually short-term and address your behaviour 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

Jainchill and others have pointed out that only recently has cross-site information
describing adolescents who enter TCs been compiled (Jainchill, 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 (Jainchill, 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 (Jainchill 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 (Jainchill 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 say 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 nondegreed 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 (Inciardi 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
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; Jainchill, 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 is the community itself, consisting of peers
and staff, who, as role models of successful personal change, serve as guides in
the recovery process.
2. TC adheres to precepts of right living: Truth/honesty; Here and now; Personal
responsibility for destiny; Social responsibility (brother’s keeper); Moral Code;
Inner person is “good” but behavior can be “bad”; Change is the only certainty;
Work ethics; Self-reliance; Psychological converges with philosophical (e.g. guilt
kills)
3. It believes that TC is a place where: One can change – unfold; the group can
foster change; individuals must take responsibility; structures must
accommodate this; Act as if – go through the motion.

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

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

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

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

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

Therapeutic Community is a tool that the Administration uses to prepare the

client for reintegration to the community as a reformed, rehabilitated, productive, drug-
free and law abiding person.

WHAT IS THE TC MISSION?

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

WHAT IS THE TC VISION?

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

THERAPEUTIC COMMUNITY MODALITY AND RESTORATIVE JUSTICE

The success of the Therapeutic Community treatment model is also anchored on

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

Considering that it is in the community that the rehabilitation of clients takes

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

The Therapeutic Community treatment modality, Restorative Justice paradigm

and deployment of VPAs integrated into one rehabilitation program have yielded
tremendous outcome in the rehabilitation and reformation of probationers, parolees,
pardonees, and first-time minor drug offenders.

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

B. BUCOR AND BJMP THERAPEUTIC COMMUNITY MODALITY PROGRAM

The Therapeutic Community Modality is a self-help social learning treatment model

used for clients with problems of drug abuse and other behavioral problems such as
alcoholism, stealing, and other anti-social tendencies.

As a treatment model, it includes four (4) categories:

1. behavior management,

2. intellectual/spiritual aspect,

3. emotional and social aspects, and

4. vocational/survival aspects.

In this regard, the Therapeutic Community Modality provides a well-defined

structure for a synchronized and focused implementation of the various intervention
strategies/activities undertaken by the Agency such as:

1. Individual and group counseling

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

2. Moral, Spiritual, Values Formation

Seminars, lectures or trainings offered or arranged by the Agency comprise these

rehabilitation activities. Active NGOs, schools, civic and religious organizations are
tapped to facilitate the activities.

3. Work or Job Placement/Referral

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

4. Vocational/Livelihood and Skills Training

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

5. Health, Mental and Medical Services

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

Psychological testing and evaluation as well as psychiatric treatment are likewise

provided for by the Agency’s Clinical Services Division and if not possible by reason of
distance, referrals are made to other government accredited institutions.

6. Literacy and Education

In coordination with LGU programs, adult education classes are availed of to help
clients learn basic writing, reading and arithmetic. Likewise, literacy teach-ins during any
sessions conducted for clients become part of the module. This is particularly intended
for clients who are “no read, no write” to help them become functionally literate.
Likewise, linkages with educational Foundation, other GOs and NGOs are
regularly done for free school supplies, bags and uniform for client’s children and
relatives.

7. Community Service

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

8. Client Self-Help Organization

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

9. Payment of Civil Liability

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

10. Environment and Ecology

To instill awareness and concern in preserving ecological balance and

environmental health, seminars/lectures are conducted wherein clients participate.
These seminars/lectures tackle anti-smoke belching campaign, organic farming, waste
management, segregation and disposal and proper care of the environment.

11. Sports and Physical Fitness

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