THERAPEUTIC MODALITIES

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.
 GOVERNMENTAL PROGRAMS FOR THE VICTIM

The Philippines takes pride in its unique and indigenous way of settling disputes and treating both offenders and victims at
the village ("barangay") level. The system is called "Katarungang
Pambarangay" (Village Justice System). When a complaint is reported or an unresolved conflict or dispute from the
barangay level is elevated to the jurisdiction of the police, the victim is viewed as a complainant. If a criminal charge
progresses up to the courts, the victim continues to act in the role of prosecution witness in the case against the offender.

Under the Rules of Court, the victim may seek restitution for damages from the crime by filing a civil suit
against the offender. A victim/witness who believes himself/herself to be in danger from an offender can apply for
admission into the WITNESS PROTECTION, SECURITY, and BENEFIT PROGRAM OF THE DEPARTMENT
OF JUSTICE. A Board of Claims was created in 1992 under the Department of Justice to grant COMPENSATION
FOR VICTIMS of unjust imprisonment or detention and victims of violent crimes. The law specifies the
administrative procedure for filing the victim's claim through the Board of Claims. The Commission on Human
Rights exists under a constitutional mandate to act as an independent office to protect and promote human rights.
This commission provides financial assistance to victims of human rights violations or their families, so as to help
alleviate suffering and sustain their basic needs within a specified period. Further, the Philippine Government has
enacted laws that protect the rights and address the needs of certain categories of victims, notably children, women,
and migrant Filipinos. This chapter also discusses Philippine civil society's role in victims' support, as well as the
challenges and prospects of victim support schemes. The chapter concludes that prospects for victim support in the
Philippines are promising because of pending legislation designed to further protect human rights in the areas of child
abuse and specific harms suffered by crime victims.
GOVERNMENTAL PROGRAMS FOR THE VICTIMS

1. WITNESS PROTECTION, SECURITY AND BENEFITS PROGRAM

It is a program established under Republic Act No. 6981, "The Witness Protection, Security and Benefit
Act", which seeks to encourage a person who has witnessed or has knowledge of the commission of a crime to
testify before a court or quasi-judicial body, or before an investigating authority, by protecting him from reprisals
and from economic dislocation.

Who can be admitted into the Program?

 Any person who has knowledge of or information on the commission of a crime and has testified or is
testifying or is willing to testify.

 A witness in a congressional investigation, upon the recommendation of the legislative committee wherE his
testimony is needed and with the approval of the Senate President or the Speaker of the House of
Representatives, as the case may be.

 A witness who participated in the commission of a crime and who desires to be a State witness.

 An accused who is discharged from an information or criminal complaint by the court in order that he may be
a State witness.
Who are disqualified for admission into the Program?

An applicant will not be admitted into the program if:

 he offense in which his testimony will be used is not a grave felony;

 his testimony cannot be substantially corroborated in its material points;

 he or any member of his family within the second degree of consanguinity or affinity has not been
threatened with death or bodily injury or there is no likelihood that he will be killed, forced,
intimidated, harassed or corrupted to prevent him from testifying or to testify falsely or evasively
because or on account of his testimony; and

 if the applicant is a law enforcement officer even if he will testify against other law enforcement
officers. The immediate members of the applicant may, however, be admitted into the program.
What benefits may a witness under the Program receive?
The benefits include the following:
 Security protection and escort services.
 Immunity from criminal prosecution and not to be subjected to any penalty or forfeiture for any
transaction, matter or thing concerning his compelled testimony or books, documents or writings
produced.
 Secure housing facility.
 Assistance in obtaining a means of livelihood.
 Reasonable traveling expenses and subsistence allowance while acting as a witness.
 Free medical treatment, hospitalization and medicine for any injury or illness incurred or suffered
while acting as a witness.
 Burial benefits of not less than Ten Thousand pesos (P10,000.00) if the witness is killed because
of his participation in the Program.
 Free education from primary to college level for the minor or dependent children of a witness
who dies or is permanently incapacitated.
 Non-removal or demotion in work because of absences due to his being a witness and payment of
full salary or wage while acting
VICTIMS COMPENSATION PROGRAM

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

What is the rationale for the enactment of the law?

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

Who may apply for compensation?

 A person who was unjustly accused convicted and imprisoned and subsequently released by virtue of a
judgment of acquittal;
 A person who was unjustly detained and released without being charged;
 A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal Code
under a final judgment of the court; or
 A person who is a victim of a violent crime which includes rape and offenses committed with malice which
resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability,
insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity.
REPUBLIC ACT NO. 10368
“An act providing for reparation and recognition of victims of human rights violation during the Marcos Regime,
documentation of said violations, appropriating funds therefor and for other purposes”

RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.

(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole
proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear
and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard
other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea,
sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
(10) The right to be informed of the rights under this section and the services described in section 503(c) of
the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office
of the Victims' Rights Ombudsman of the Department of Justice.