1. TC PHILOSOPHY
I am here because there is no refuge finally, from myself. I confront myself in the eyes and hearts of
others.
Until
I am running.
Until I suffer them to share my secrets, I have no safety from them.
Afraid to be known,
I can know neither myself nor any other, I will be alone. We
Where else but in our common ground can I see such a mirror?
Here, together, I can at last appear clearly to myself,
Not as the giant of my dreams nor the dwarf of my fears, but as a person, part of the whole, with my
share in its purpose. In this ground, I can take root and grow, not alone anymore, as in death but alive
to myself and to others.
LAYUNIN
(TC Philosophy in Tagalog)
AKO’Y NARIRITO SAPAGKAT HINDI KO NA MATATAKASAN AKING SARILI.
HANGGANG HINDI AKO NAGIGING MATAPAT
SA PAGPUNA SA AKING SARILI
SA MATA AT PUSO NG IBA, AKO’Y TUMATAKBO.
HANGGANG HINDI KO INILALAHAD ANG LABI NG AKING MGA LIHIM, AKO’Y WALANG
KAPAYAPAAN.
SA MALAKING TAKOT NA SARILI’Y MABUNYAG, HINDI KO MAUUNAWAAN ANG AKING SARILI
AT PAGKATAO NG IBA.
SA DILIM MANANATILING NAG-IISA.
SAAN PA KUNDI SA PILING NG KATULAD KO
MAKIKITA ANG TUNAY NA SALAMIN.
SAMA-SAMA DITO SA WAKAS,
MATATANGGAP KO ANG TUNAY AT SARILING PAGKATAO. DI ANG BALIW NG AKING
PANGARAP
O ANG ALIPIN NG AKING TAKOT.
SA HALIP BILANG ISANG TAO SAKOP NG SANLIBUTAN AT MAY BAHAGI SA LAYUNING ITO.
2. SA LUPANG ITO AKO AY MAKAPAG-UUGAT AT SUSUPLING DI NA AKO MULING MAG-IISA
TULAD SA KAMATAYAN.
SA HALIP AY MAY ALAB ANG BUHAY
SA SARILI AT KAPWA.
Chapter I
LAWS ON HUMAN RIGHTS
Learning Objectives:
At end of the chapter students will be able to:
1. Gain some knowledge about the general nature and definition of human rights.
2. Acquaint on the sources and foundations of human rights law.
3. Understand the meaning and concept of civil and political rights.
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS
Human Rights Those rights, which are inherent in our nature and which, we cannot live as human
beings. Without
It allows us to develop and use our human qualities, intelligence, talents and conscience and to satisfy
our spiritual and other needs. Supreme, inherent and inalienable rights to life, dignity, and self-
development. The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent-Not granted by any person or authority.
2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given away or be
forfeited.
4. Imprescriptible- cannot be lost even if man fails to use or assert them, even by a long passage
of time.
5. Indivisible-Not capable of being divided. Cannot be denied even when other rights have already
been enjoyed.
6. Universal- It applies irrespective of one’s origin, status, or condition or place where one lives.
Rights can be enforced without national border.
7. Interdependent- The fulfillment or exercise of one cannot be had without the realization of the
other.
Human Rights Principles:
1. The dignity of man and human life is inviolable. From the dignity of man is derived the right of
every person to development of his personality. A legitimate state should exist to assure that the
discharge of the governmental functions, the dignity that is bright right of every human being is
duly safeguarded.
3. Classification of Rights:
1. Natural Rights God-given rights, acknowledged by everybody to be morally good.
Unwritten, but prevail as norms of the society.
2. Constitutional Rights- Conferred and protected by the constitution and which cannot be
modified or taken away by the law-making body.
3. Statutory Rights- Those rights which are provided by law promulgated by the law-making
body. May be abolished by the body that created them.
Stages of Human Rights
1. Idealization – Notions about human rights start in the realm of ideas that reflect a
consciousness against oppression or inadequate performance of the State.
2. Positivization – Where the support for the ideas become strong, and thus incorporate
them into legal instruments.
3. Realization – When these rights are already being enjoyed by the citizens by the
transformation of the social, economic, and political order.
Three obligations of State Parties
1. Obligation to respect
Article 2(1) of the ICCPR contain this obligation
‣ Indicates that the negative character of civil and political rights, commanding the State to refrain from
restricting the exercise of these rights is not expressly allowed.
2. Obligation to ensure
► Article 2(1) of the ICCPR also encompasses this obligation, that State parties must be proactive to
enable individuals to enjoy their rights
► Article 2(2) of the ICCPR points out that to provide for an effective remedy to victims of human rights,
it must adopt executive, judicial and legislative measures.
3. Obligation to protect- to prevent private individuals, groups, or entities from interfering with the
individual’s civil and political rights.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS
The 1987 – The Constitution itself is a source, and not only the Bill of Rights. LAW
1987 Constitution is the basic source of human rights law in the Philippines.
As early as Biak na Bato, our forefathers are conscious about the rights of human beings. A novel
feature of the 1987 Constitution is the independent
4. Constitutional office of the Commission of Human Rights, the first national human rights commission in
the world. The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an
independent commission which investigates on human rights violations and establishes programs of
education and information to enhance respect for the primacy of human rights. ▸ This Constitution is
sometimes called as “Human Rights
Constitution”. 1987 Constitution is the seventh Constitution drafted by Filipinos.
International Bill of Rights- U Thant, former Secretary General of the UN called the three (3)
documents and the Optional Protocol to the Covenant on Civil and Political Rights as "Magna Carta for
mankind" and is "the essential prerequisite for peace at home and in the world.
Universal Declaration of Human Rights (UDHR)
▸ The Commission on Human Rights of the United Nations drafted the UDHR, while the United Nations
passed it.
▸The chairwoman was former first lady Eleanor Roosevelt.
▸The declaration was adopted by 48 votes in favor, none against and eight abstentions.
▸ Carlos Romulo was also there during the drafting of the CHR of the UN.
▸The Preamble to the UDHR refers to the concepts of inherent dignity and inalienable nature of human
rights. called for inter-cultural consensus by indicating that a common understanding of the rights and
freedoms is to achieve promotion of universal respect for and observance of human rights and
fundamental freedoms. achieve promotion of universal respect for and observance of human rights and
fundamental freedoms.
The UDHR Is the first internationally adopted catalogue of rights.
• Mary Robinson, former High Commissioner for Human Rights, said that the
common language of humanity, the language of human rights, is enshrined
in the UDHR.
International Covenant on Civil and Political Rights (ICCPR) > Adopted unanimously by 106 States and
entered into force in 1976.
International Covenant on Economic, Social and Cultural Rights
CIVIL AND POLITICAL RIGHTS
Bill of Rights in the 1987 Constitution –
The Bill of Rights is a regular fixture in all Philippine Constitutions, except in the Biak na Bato
Constitution of 1897.
1935 Constitution, 1973 Constitution, 1986 Freedom Constitution – of Rights
1943 Constitution – Duties and Rights of the Citizens.
5. 1899 Malolos Constitution – The Filipinos and their National and Individual Rights.
Bill of Rights - An enumeration of civil and political rights that are self-executing. It also serves as a
restriction upon the powers of the State in order to preserve constitutional harmony and stability.
▸ Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones in the private
sphere inaccessible to any power holde The UDHR is the first internationally adopted catalogue of
rights.
> Mary Robinson, former High Commissioner for Human Rights, said that the common language of
humanity, the language of human rights, is enshrined in the UDHR.
International Covenant on Civil and Political Rights (ICCPR)
> Adopted unanimously by 106 States and entered into force in 1976.
International Covenant on Economic, Social and Cultural Rights
CIVIL AND POLITICAL RIGHTS
Bill of Rights in the 1987 Constitution –
The Bill of Rights is a regular fixture in all Philippine Constitutions, except in the Biak na Bato
Constitution of 1897.
1935 Constitution, 1973 Constitution, 1986 Freedom Constitution - of Rights
1943 Constitution - Duties and Rights of the Citizens.
1899 Malolos Constitution - The Filipinos and their National and Individual Rights.
Bill of Rights - An enumeration of civil and political rights that are self-executing. It also serves as a
restriction upon the powers of the State in order to preserve constitutional harmony and stability.
▸ Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones in the private
sphere inaccessible to any power holder.
The provisions in the Bill of Rights can be classified into four (4) types
1. The completely new provisions.
► Section 12(4), 18(1), 19(2)
2. The old provisions that contain amendments by addition.
• Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13, 19(1)
4. The old provisions where words and phrases were amended
By deletion.
Section 2, 15
5. The old provisions that remained intact.
► Section 1, 3(1), 5, 9, 10, 20, 21, 2
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
– this is the fruit of the negotiations of the government and the rebels.
➤ The first substantive agreement signed by the Negotiating Panels of the Government of the
Philippines in the Hague, Netherlands.
6. This comprehensive agreement consists of seven
• The reasons for and the intention of the parties.
➤ Declaration of Principles
• Bases, Scope, and Applicability
>Respect for Human Rights
• Joint Monitoring Committee
• Final provisions
• Respect for International Humanitarian Law
6. Parts:
The Preamble – introduces the Agreement and articulates
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
Custodial Rights of a Person
Section 12, Article III of the 1987 Constitution Any person under investigation for the commission of
Sec. 12: 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 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.
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.
Custodial Investigation is any questioning by law enforcement after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the commission of an offense.
It begins when a person has been arrested and brought to the custody of law enforcers in which
suspicion is focused on him in particular and questions are asked from him (the suspect) to elicit
admissions or information on the commission of an offense.
What is the Miranda Doctrine?
The Miranda Doctrine means that prior to questioning during custodial investigation, the person must
be warned that he has the right to remain silent, that any statement he gives may be used as evidence
against him, and that he has the right to the presence of an attorney, either retained or appointed.
16 L. Ed 2d 694, in which the US Supreme Court laid down the The name comes from the U.S. case,
Miranda vs. Arizona, principle of custodial rights of an accused. It held, thus:
“Our holding will be spelled out with some specificity in the pages which follow, but, briefly stated, it is
this: the prosecution may not use statements, whether exculpatory or exculpatory, stemming from
custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards
effective to secure the privilege against self-incrimination. By custodial investigation, we mean
7. questioning initiated by law enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way. As for the procedural safeguards to
be employed, unless other fully effective means are devised to inform accused persons of their right of
silence and to assure a continuous opportunity to exercise it, the following measures are required: Prior
to any questioning, the person must be warned he has the right to remain silent, that any statement he
does make may be used as evidence against him, and that he has a right to the presence of an attorney,
either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver
is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any
stage of the process that he wishes to consult with an attorney before speaking, there can be no
questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be
interrogated, the police may not question him. The mere fact that he may have answered some
questions or volunteered some statements on his own does not deprive him of the right to refrain from
answering any further inquiries until he has consulted with an attorney and thereafter consents to be
questioned.
What are the rights of a person during custodial investigation?
The Right to be informed of his rights
-i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This carries the
correlative obligation on the part of the investigator to explain and contemplates effective
communication which results in the subject understanding what is Conveyed.
The right to remain silent and to be reminded and to be reminded that anything he says can and
will be used against him.
-This refers not only to verbal confessions acts. However, mechanical acts that does not require the
use of intelligence (such as providing DNA samples) or to answer general questions are not protected
under his right.
The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided
for him
1 This right is absolute and applies even if the accused is a lawyer. The right is more particularly the
right to independent and competent. An independent counsel is one not with any conflicts of interest,
and a competent counsel is Hampered one who is vigilant in protecting the rights of an accused.
Right against torture, force, violence, threat, intimidation or any other means which vitiate the
free will of the person
Right against secret detention places, solitary, incommunicado, or other similar forms of
detention
Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the Exclusionary Rule,
i.e., it is excluded from the evidence to be considered by the court during trial. Such confession or
admission is tainted and must be suppressed under the “Fruit of the Poisonous Tree” Doctrine.
Republic Act No. 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human
being and guarantee full respect for human rights.
9. Municipality where the custodial investigation is conducted, provided that if the municipality of city
cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That
the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting
counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person
can only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer,
who fails to inform any person
Arrested, detained or under custodial investigation of his right to remain silent to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six thousand
Pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten
(10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders
of such investigating officer or in his place, who fails to provide a competent and independent counsel
to a person arrested, detained or under custodial investigation for the commission of an offense if the
latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer any member of the immediate family of
a person arrested or under custodial investigation, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring
privately with him, or from examining and treating him, or from ministering to his spiritual needs at any
hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than
four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1@
The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to
secure his safety and prevent his escape.
The United Nations Standard Minimum Rules for the Treatment of Prisoners
(The Nelson Mandela Rules)
RULES OF GENERAL APPLICATION
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.
Rule 2. The present rules shall be applied impartially. There shall be no discrimination on the grounds
of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth
or any other status. The religious beliefs and moral precepts of prisoners shall be respected.
Rule 3 Imprisonment 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.
Rule 4 The purposes of a sentence of imprisonment or similar measures derivative of a person's liberty
are primarily to protect society against crime and to reduce recidivism. purposes can be achieved only
10. if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons
into society life upon release so that they can lead a law-abiding and self-supporting life.
Rule 5 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.
Prisoner File Management
Rule 6 There shall be a standardized prisoner file management system in every place where persons
are imprisoned. Such a system may be an electronic database of records or a registration book with
numbered and signed pages. Procedures shall be in place to secure audit trail and to prevent
unauthorized access to or ensure modification of any information contained in the system.
Rule 7 No person shall receive in prison without a valid commitment order.
file management system in the course of imprisonment. 9 All records referred to in rules 7 and 8 shall
be kept confidential and made available only to those whose professional responsibilities require
access to such records. Every prisoner shall be granted access to the records pertaining to him or her,
subject to redactions authorized under domestic legislation, and shall be entitled to receive an official
copy of such records upon his or her release.
Rule 8 Prisoner’s personal information shall be entered in the Prisoner file management system in the
course of imprisonment.
Rule 9 All records referred to in rules 7 and 8 shall be kept confidential and made available only to
those whose professional responsibilities require access to such records. Every prisoner shall be
granted access to the records pertaining to him or her, subject to redactions authorized under domestic
legislation, and shall be entitled to receive an official copy of such records upon his or her release.
Rule 10 Prisoner file management systems shall also be used to generate reliable data about trends
relating to and characteristics of the prison population, including occupancy rates, in order to create a
basis for evidence-based decision-making.
Separation of Categories
Rule 11 The different categories of prisoners shall be kept in separate institutions or parts of institutions,
taking account of their sex, age, criminal record, the legal reason for their detention and the necessities
of their treatment.
Accommodation
Rule 12 Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by
night a cell or room by himself or herself. If for special reasons, such as temporary overcrowding. it
becomes necessary for the central prison administration to make an exception to this rule, it is not
desirable to have two prisoners in a cell or room.
Rule 13 All accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health, due regard being paid to climatic conditions and
particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
Rule 14 In all places where prisoners are required to live or work:
a. The windows shall be large enough to enable the prisoners to read
or work by natural light and shall be so constructed that they can allow the
entrance of fresh air whether or not there is artificial ventilation;
b. Artificial light shall be provided sufficient for the prisoners to read or
work without injury to eyesight.
11. Rule 15 The sanitary installations shall be adequate to enable every prisoner to comply with the needs
of nature when necessary and in a clean and decent manner.
Rule 16 Adequate bathing and shower installations shall be provided so that every prisoner can, and
may be required to, have a bath or shower, at a temperature suitable to the climate, as frequently as
necessary for general hygiene according to season and geographical region, but at least once a week
in a temperate climate.
Rule 17 All parts of a prison regularly used by prisoners shall be properly maintained and kept
scrupulously clean at all times.
Personal Hygiene Rule
Rule 18 Prisoners shall be Required to keep their persons clean, and to this end they shall be provided
with water and with such toilet articles as are necessary for health and cleanliness.
Clothing and Bedding
Rule 19 1. Every prisoner who is not allowed to wear his or her shall be provided with an outfit of
clothing suitable for the climate and adequate to keep him or her in good health. Such in no manner be
degrading or humiliating.
Rule 20 If prisoners If prisoners are allowed to wear their own clothing, arrangements shall be made
on their admission.
Rule 21 Every prisoner shall, in accordance with local or national standards, be provided with a
separate bed and with separate and sufficient bedding which shall be clean when issued, kept in good
order and changed often enough to ensure its cleanliness.
Food
Rule 22
1. Every prisoner shall be provided by the prison administration at the usual hours with food of
nutritional value adequate for health and strength, of wholesome quality and well prepared and
served.
2. Drinking water shall be available to every prisoner whenever he or she needs it. Exercise and
sport
Rule 23
1. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable
exercise in the open air daily if the weather permits.
2. Young prisoners, and others of suitable age and physique, shall receive physical and
recreational training during the period of exercise. To this end, space, installations and
equipment should be provided.
Health-Care Services
Rule 24 The provision of health care for prisoners is a Sta responsibility Prisoners should enjoy the
same standards of the care that are available in the community, and should have access necessary
health-care services free of charge without discrimination on the grounds of their legal status.
Restrictions, Discipline and Sanctions
12. Rule 36 Discipline and order shall be maintained with no more restriction than is necessary to ensure
safe custody, the secure operation of the prison and a well-ordered community life.
Instruments of Restraint
Rule 47 The use of chains, irons or other instruments of restraint which are inherently degrading or
painful shall be prohibited.
Searches of Prisoners prohibited
Rule 50 The laws and regulations governing searches of prisoners and cells shall be in accordance
with obligations under international law and shall take into account international standards and norms.
keeping in mind the need to ensure security in the prison. Searches shall be conducted in a manner
that is respectful of the inherent human dignity and privacy of the individual being searched, as well as
the principles of proportionality, legality and necessity.
Information to and complaints by prisoners
Rule 54 Upon admission, every prisoner shall be promptly provided with written information about:
(a) The prison law and applicable prison regulation:
(b) His or her rights, information, access to legal advice, including through legal aid schemes, and
procedures for making requests of complaints;
(c) His or her obligations, including applicable disciplinary sanctions; and
(d) All other matters necessary to enable the prisoner to adapt himself or herself to the life of the
prison.
Contact with the outside world
Rule 58
1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and
friends at regular intervals:
a. By in writing and using, where available, telecommunication, electronic, digital and
other means; and
b. By receiving visits.
Books
Rule 64 Every prison shall have a library for the use of all categories of prisoners, adequately stocked
with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.
Religion
Rule 65
1. If the prison contains a sufficient number of prisoners of the same religion, a qualified
representative of that religion shall be appointed or approved. If the number of prisoners justifies
it and conditions permit, the arrangement should be on a full-time basis.
Retention of prisoners’ property
Rule 67
13. All money, valuables, clothing and other effects belonging to a prisoner which he or she is not allowed
to retain under
1. The prison regulations shall on his or her admission to the prison be placed in safe custody. An
inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good
condition.
Notifications
Rule 68 Every prisoner shall have the right, and shall be given the ability and means, to inform
immediately his or her family, or any other person designated as a contact person, about his or her
imprisonment, about his or her transfer to another institution and about any serious illness or injury.
The sharing of prisoners personal information shall be subject to domestic legislation.
Investigation
Rule 71
1. Notwithstanding the initiation of an internal investigation the prison director shall report, without
delay, any custodial death, disappearance or serious injury to a other competent authority that
is independent of the prison administration and mandated to conduct prompt, impartial and
effective investigations into the circumstances and causes of such cases. The prison
administration shall fully cooperate with that authority and ensure that all evidence is
Investigations preserved.
Removal of Prisoners
Rule 73
1. When prisoners are being removed to or from an institution, they shall be exposed to public view
as little as possible, and proper safeguards shall be adopted to protect them insult, curiosity and
publicity in any form. from transport of prisoners in conveyances with inadequate ventilation or light,
or in any way which would subject them unnecessary physical hardship, shall be prohibited.
2. The transport of prisoners shall be carried out at the expense of the prison administration and
equal conditions shall apply to all of them.
3. The transport of prisoners shall be carried out at the expense of the prison administration and
equal conditions shall apply to all of them.
Institutional Personnel
Rule 74
1. The prison administration shall provide for the careful selection of every grade of the
personnel, since it is on their integrity, humanity, professional capacity and personal
suitability for the work that the proper administration of prison.
Internal and External inspections
Rule 83
14. 1. There shall be a twofold system for regular inspections of and penal services:
a. Internal or administrative inspections conducted by the central prison administration,
b. External inspections conducted by a body independent of the prison administration, which may
include competent international or regional bodies.
2. both the objective of the shall be to ensure that prisons are managed in accordance with existing
laws, regulations, policies and procedures, with a view to bringing about the objectives of penal and
services, and that the rights of prisoners are protected.
RULES APPLICABLE TO SPECIAL CATEGORIES
A. Prisoners Under Sentence Guiding Principles
Rule 86 The guiding principles hereafter are intended to show spirit in which penal institutions should
be administered and purposes at which they should aim, in accordance with the declaration made under
preliminary observation 1 of these rules.
Treatment
Rule 91 The treatment of persons sentenced to imprisonment or a similar measure shall have as its
purpose, so far as the length of the sentence permits, to establish in them the will to lead law- abiding
and self-supporting lives after their release and to fit them to do so. The treatment shall be such as will
encourage their self- Develop their sense of responsibility.
Classification and Individualization
Rule 93
1.The purposes (a) To of classification shall be:
a. Separate from others those prisoners who, by reason of their Criminal records or characters,
are likely to exercise a bad influence;
b. To divide the prisoners into classes in order to facilitate their treatment with a view to their social
rehabilitation.
2.So far as possible, separate prison or Separate sections of a prison shall be used for the treatment
of different classes of prisoners.
Privileges
Rule 95 Systems of privileges appropriate for the different classes of prisoners and the different
methods of treatment shall be established at every prison, in order to encourage good conduct a sense
of responsibility and secure the interest and cooperation of prisoners in their treatment.
Work
Rule 96
1. Sentenced prisoners shall have the opportunity to work and/ or to actively participate in their
rehabilitation, subject to a determination of physical and mental fitness by a physician or other
qualified health-care professionals.
Education and Recreation
15. Rule 104
1. Provision shall be made for the further education of all prisoners capable of profiting thereby,
including religious instruction in the countries where this is possible. The education of illiterate
prisoners and of young prisoners shall compulsory and special attention shall be paid to it by the
prison administration.
Social Relations and Aftercare
Rule 106 Special attention shall be paid to the maintenance and improvement of such relations
between a prisoner and his or her family as are desirable In the best interests of both.
B. Prisoners with Mental Disabilities and/or Health Conditions
Rule 109
1. Persons who are found to be not criminally responsible, f who are later diagnosed with severe
mental disabilities and/ or health conditions, for whom staying in prison would mean an
exacerbation of their condition, shall not be detained in prisons, and arrangements shall be made
to transfer them mental health facilities as soon as possible.
C. Prisoners Arrest or Awaiting Trial
Rule 111
1. Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either
in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred
to as “untried prisoners” hereinafter in these rules.
2. Unconvicted prisoners are presumed to be innocent and shall be treated as such
3. Without prejudice to legal rules for the protection of individual or prescribing the procedure to be
observed in respect of untried prisoners, these prisoners shall benefit from a Special regime which is
described in the following rules in its Essential only.
D. Civil Prisoners
Rule 121 In countries where the law permits imprisonment for debt, or by order of a court under any
other non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or
severity than is necessary to ensure safe custody and good order. Their treatment shall be not less
favourable than that of untried prisoners, with the reservation, however, that they may possibly be
required to work.
E. Persons Arrested or Detained Without Charge Rule 122 Without prejudice to the provisions
of article 9 of the
Rule 122 Covenant on Civil and Political Rights, persons arrested or imprisoned without charge shall
be accorded the same protection as that accorded under part I and part II, section C, of these rules.
Relevant provisions of part II, section A, of these rules shall likewise be applicable where their
application may be conducive to the benefit of this special group of persons in custody. Provided that
no measures shall be taken implying that re-education or rehabilitation is in any way appropriate to
persons not convicted of any criminal offence.
Chapter Review
16. 1.Define Human Rights and briefly discuss its basic characteristics.
2. What are the sources and foundations of human rights law? Enumerate and comprehensively
discuss each.
3. What are the rights of a person during custodial investigation? Explain or briefly discuss each.
Chapter II
PUNISHMENT AND DIFFERENT FORMS OF HUMAN RIGHTS VIOLATION
Learning Objectives
At the end of the chapter students will be able to:
1. Know and familiarize the definition of punishment and its purposes.
2. Gain wisdom on the issues of human rights violations.
3. Understand and comprehend the Basic Principles for the Treatment of Prisoners.
Punishment
Is the infliction of some kind of pain or loss upon a person for a misdeed (ie., the transgression of a law
or command). Punishment may take forms ranging from capital punishment, flogging, forced labor, and
mutilation of the body to imprisonment and fines. Deferred punishments consist of penalties that are
imposed only if an offense is repeated within a specified time.
In some premodern societies, punishment was largely vindictive or retributive, and its prosecution was
left to the individuals wronged (or to their families). In quantity and quality such punishment bore no
special relation to the character or gravity of the offense.
The Purposes of Punishment
Punishment has five recognized purposes:
1. deterrence,
2. incapacitation,
3. rehabilitation,
4. retribution,
5. restitution.
Specific and General Deterrence
Deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence
are specific and general deterrence. Specific deterrence applies to an individual defendant. When the
government punishes an individual defendant, he or she is theoretically less likely to commit another
crime because of fear of another similar or worse punishment. General deterrence applies to the public
17. at large. When the public learns of an individual defendant's punishment, the public is theoretically less
likely to commit a crime because of fear of the punishment the defendant experienced. When the public
learns, for example, that an individual defendant was severely punished by a sentence of life in prison
or the death penalty, this knowledge can inspire a deep fear of criminal prosecution.
Incapacitation
Incapacitation prevents future crime by removing the defendant from society. Examples of
incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of rehabilitation
include educational and vocational programs, treatment center placement and counseling. The court
can combine rehabilitation with incarceration or with probation or parole. In some states, for example,
nonviolent drug offenders must participate in rehabilitation in combination with probation, rather than
submitting to incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while
lowering recidivism, which means reoffending.
Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the form of
assault, battery, and criminal homicide, for example) against the defendant. When victims or society
discover that the defendant has been adequately punished for a crime, they achieve a certain
satisfaction that our criminal procedure is working effectively, which enhances faith in law enforcement
and our government.
Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when the court
orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages
award. Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress.
It can also be a fine that covers some of the costs of the criminal prosecution and punishment.
Figure 1.4 Different Punishments and Their Purpose
• Specific deterrence prevents crime by frightening an individual defendant with punishment.
General deterrence prevents crime by frightening the public with the punishment of an individual
defendant.
• Incapacitation prevents crime by removing a defendant from society.
• Rehabilitation prevents crime by altering a defendant’s behavior.
• Retribution prevents crime by giving victims or society a feeling of avengement.
• Restitution prevents crime by punishing the defendant financially.
What Are Human Rights Violations?
18. The Universal Declaration of Human Rights (UDHR) was established in response to the atrocities
during WWII, including the Holocaust. The document outlines the human rights that all people are
entitled to such as freedom from torture, freedom of expression, and the right to seek asylum. When
those rights aren’t protected or blatantly disregarded, they are violated. What are the types of human
rights violations? Who is responsible for preventing and addressing them?
Definition and Types of Human Rights Violations
A state commits human rights violations either directly or indirectly.
Violations can either be intentionally performed by the state and or come as a result of the
state failing to prevent the violation. When a state engages in human rights violations, various actors
can be involved such as police, judges, prosecutors, government officials, and more. The violation can
be physically violent in nature, such as police brutality, while rights such as the right to a fair trial can
also be violated, where no physical violence is involved.
The second type of violation – failure by the state to protect – occurs when there’s a conflict
between individuals or groups within a society. If the state does nothing to intervene and protect
vulnerable people and groups, it’s participating in the violations. In the United States, the state failed to
protect black Americans when lynching’s frequently occurred around the country. Since many of those
responsible for the lynching’s were also state actors (like the police), this is an example of both types
of violations occurring at the same time.
Examples of Human Rights Violations
Civil and Political Rights
Civil and political rights are violated through genocide, torture, and arbitrary arrest. These
violations often happen during times of war, and when a human rights violation intersects with the
breaking of laws about armed conflict, it’s known as a war crime.
Conflict can also trigger violations of the right to freedom of expression and the right of
peaceful assembly. States are usually responsible for the violations as they attempt to maintain control
and push down rebellious societal forces. Suppressing political rights is a common tactic for many
governments during times of civil unrest.
Violations of civil and political human rights aren’t always linked to specific conflicts and
can occur at any given time. Human trafficking is currently one of the largest issues on a global scale
as millions of men, women, and children are forced into labor and sexual exploitation. Religious
discrimination is also very common in many places around the world. These violations often occur
because the state is failing to protect vulnerable groups.
Economic, Social, and Cultural Rights
As described in the UDHR, economic, social, and cultural rights include the right to work,
the right to education, and the right to physical and mental health. As is the case with all human rights,
economic, social, and cultural rights can be violated by states and other actors. The United Nations
Office of the High Commissioner for Human Rights gives a handful of examples of how these rights
can be violated. They include:
✓ Contaminating water, for example, with waste from State- owned facilities (the right to health)
✓ Evicting people by force from their homes (the right to adequate housing)
19. ✓ Denying services and information about health (the right to Health)
✓ Discriminating at work based on traits like race, gender, and sexual orientation (The right to
work)
✓ Failing to provide maternity leave (protection of and assistance to the family)
✓ Not paying a sufficient minimum wage (rights at work).
✓ Segregating students based on disabilities (the right to education)
✓ Forbidding the use of minority/indigenous languages (the right to participate in cultural life)
Who is ultimately responsible for ensuring human rights violations don’t happen?
In human rights treaties, states bear the primary burden of responsibility for protecting and
encouraging human rights. When a government ratifies a treaty, they have a three-fold obligation. They
must respect, protect, and fulfill human rights. When violations occur, it’s the government’s job to
intervene and prosecute those responsible. The government must hold everyone (and itself)
accountable.
This doesn’t mean that members of civil society don’t also have a responsibility to prevent
human rights violations. Businesses and institutions must comply with discrimination laws and promote
equality, while every individual should respect the rights of others. When governments are violating
human rights either directly or indirectly, civil society should hold them accountable and speak out. The
international community also has an obligation to monitor governments and their track records with
human rights. Violations occur all the time, but they should always be called out.
Basic Principles for the Treatment of Prisoners
Adopted and proclaimed by General Assembly Resolution 45/111 of 14 December 1990
1. All prisoners shall be treated with the respect due to their inherent dignity and value as human
beings.
2. There shall be no discrimination on the grounds of race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to
which prisoners belong whenever local conditions so require.
4. The responsibility of prisons for the custody of prisoners and for the protection of society against
crime shall be discharged in keeping with a State’s other social objectives and its fundamental
responsibilities for promoting the well- being and development of all members of society.
5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all
prisoners shall retain the human rights and fundamental freedoms set out in the Universal
Declaration of Human Rights, and, where the State concerned is a party, the International
Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and
Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in
other United Nations covenants.
6. All prisoners shall have the right to take part in cultural activities and education aimed at the full
development of the human personality.
7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction
of its use, should be undertaken and encouraged.
20. 8. Conditions shall be created enabling prisoners to undertake meaningful remunerated
employment which will facilitate their reintegration into the country’s labor market and permit them
to contribute to their own financial support and to that of their families.
9. Prisoners shall have access to the health services available in the country without discrimination
on the grounds of their legal situation.
10. With the participation and help of the community and social institutions, and with due regard
to the interests of victims, favorable conditions shall be created for the reintegration of the ex-prisoner
into society under the best possible conditions.
11. The above principles shall be applied impartially.
Chapter Review
1.Define the term punishment. Give its purpose and comprehensive discuss.
2. What are the examples of human rights violations? Explain each shortly.
3. Enumerate the Basic Principles for the Treatment of Prisoners
Chapter III
GOVERNMENTAL PROGRAMS FOR THE VICTIMS
Learning Objectives:
At the end of the chapter students will be able to:
1. Enlighten on the concept of victims’ compensation Program.
2. Gain wisdom on the importance of Protection of Victims and Witnesses
3. Understand and comprehend the significance of the Restorative Justice
Victims Compensation Program
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
21. 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 include Rape and offenses committed with
malice which resulted in death or serious physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity.
When should a claim be filed?
The claim should be filed with the Board by the person entitled to compensation under this Act within
six (6) months after being released from imprisonment or detention or from the date he Suffered
damage or injury: Otherwise, he is deemed to have waived his claim.
How is a claim filed?
A claimant may file a claim with the board by filling up an application form provided for the purpose
with the Secretariat of the Board of Claims, Department of Justice. 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?
1. 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.
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.”
Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against
Humanity.
Chapter VI Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. In addition to existing provisions in Philippine law for
the protection of victims and witnesses, the following measures shall be undertaken:
22. (a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological
well-being. Dignity and privacy of victims and witnesses. In so doing, the court shall have regard of all
relevant factors, including age, gender and health, and the nature of the crime, in particular, but not
limited to, where the crime involves sexual or gender violence or violence against children. The
prosecutor takes such measures particularly during the investigation a prosecution of such crimes.
These measures shall not be prejudicial to or inconsistent with the rights of the accused and to a fair
and impartial trial; shall and
(b) As an exception to the general principle of public hearings, the court may, to protect the victims and
witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of
evidence by electronic or other special means. In particular, such measures shall be implemented in
the case of the victim of sexual violence or a child who is a victim or is a witness, unless otherwise
ordered by the court, having regard to all the circumstances, particularly the views of the victim or
witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be appropriate
by the court in manner which is not prejudicial to or inconsistent with the rights of the accused and a
fair and impartial trial. Such views and concerns may be presented by the legal representatives of the
victims where the court considers it appropriate in accordance with the established rules of procedure
and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave
endangerment of the security of a witness for his/her family, the prosecution may, for the purposes of
any proceedings conducted prior to the commencement of the trial, withhold such evidence or
information and instead submit a summary thereof. Such measures shall be exercised in a manner
which is not prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial.
Therapeutic Modalities
Rome Statute
Article 68 Protection of the Victims and Witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-
being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to
all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and
the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender
violence or violence against children. The Prosecutor shall take such measures particularly
during the investigation and prosecution of such crimes. These measures shall not be prejudicial
to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of
the Court may, to protect victims and witnesses or an accused, conduct any part of the
proceedings in camera or allow the presentation of evidence by electronic or other special
23. means. In particular, such measures shall be implemented in the case of a victim of sexual
violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having
regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be
appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights
of the accused and a fair and impartial trial. Such views and concerns may be presented by the
legal representatives of the victims where the Court considers it appropriate, in accordance with
the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate
protective measures, security arrangements, counselling and assistance as referred to in article
43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave
endangerment of the security of a witness or his or her family, the Prosecutor may, for the
purposes of any proceedings conducted prior to the commencement of the trial, withhold such
evidence or information and instead submit a summary thereof. Such measures shall be
exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused
and a fair and impartial trial.
6. . A State may make an application for necessary measures to be taken in respect of the
protection of its servants or agents and the protection of confidential or sensitive information.
Article 75 Reparations to Victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including
restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either
upon request or on its own motion in exceptional circumstances, determine the scope and extent
of any damage, loss and injury to, or in respect of, victims and will state the principles on which
it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate
reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.
Where appropriate, the Court may order that the award for reparations be made through the
Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of
representations from or on behalf of the convicted person, victims, other interested persons or
interested States.
24. 4. In exercising its power under this article, the Court may, after a person is convicted of a crime
within the jurisdiction of the Court, determine whether, in order to give effect to an order which it
may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109
were applicable to this Article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or
international law.
WHAT IS RESTORATIVE JUSTICE?
Restorative Justice is a process through which remorseful offenders accept responsibility for
their misconduct, particularly to their victims and to the community. It creates obligation to make things
right through proactive involvement of victims, ownership of the offender of the crime and the
community in search for solutions which promote repair, reconciliation and reassurance. Thus, the
restorative justice process is actively participated in by the victim. The offender, and/or any individual
or community member affected by the crime to resolve conflicts resulting from the criminal offense,
often with the help of a fair and impartial third party. Examples of restorative process include mediation,
conferencing, sentencing/ support circle and the like. The restorative outcome is the agreement
obtained as a product of a restorative justice process. Examples of restorative outcomes include
restitution, community work service and any other program or response designed to accomplish
reparation of the victim, and the reintegration of the victims and/or offenders.
HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?
The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a
member-country, through a draft resolution, recommended to the Economic and Social Council of the
United Nations Organization (UNO), the adoption of the “Basic Principles on the Use of Restorative
Justice Programs in Criminal Matters”. The said document is a formulation of UN Standard in the field
of mediation and restorative justice. The Philippines, being a signatory member-country should ensure
adoption of this resolution.
Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the incidence of
recidivism. This is in line with the applicable laws, rules, and policies mandating this Agency to
administer the Parole and Probation System in the country. As such, the Parole and Probation
Administration (PPA) is empowered to create innovative policies programs, and activities to facilitate
the reintegration of its clientele into the mainstream of society and consequently prevent commission
of crime. Therefore, PPA adopts Restorative Justice the as one of its rehabilitation programs which
utilizes restorative processes and aims to achieve restorative outcomes.
25. WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM OF
PPA?
Reintegration of the offenders to the social mainstream and encouraging them to assume active
responsibility for the injuries inflicted to the victims; Proactive involvement of the community to support
and assist in the rehabilitation of victims and offenders Attention to the needs of the victims, survivors
and other persons affected by the crime as participating stakeholders in the criminal justice system,
rather than mere objects or passive recipients of services of intervention that may be unwanted,
inappropriate or Ineffective; Healing the effects of the crime or wrongdoing suffered by the respective
stakeholders; and Prevention of further commission of crime and delinquency.
HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA? A. During the Investigation Stage
A. During the Investigation Stage
Information such as victims’ version of the offense, effect of victimization to their lives, families,
future, and plans, and victims’ appreciation on how the damage/harm inflicted by the crime can be
repaired and healed are gathered to serve as input in the post- sentence investigation (PSI) or pre-
parole/executive clemency investigation (PPI) reports prepared by the investigating officer to be
submitted to the Court and the Board of Pardons and Parole, respectively. These data are vital in the
conduct of restorative justice processes during the supervision phase. Soliciting stakeholders’ interest
for their introduction to the restorative process commences during this stage.
B. During the Supervision Stage
Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in
the client’s Supervision Treatment Plan (STP). In applying the various restorative justice processes for
the client’s rehabilitation, the supervising officer observes the following points:
The parties are brought within the program out of their own volition. Parties have the right to
seek legal advice before and after the restorative justice process; Before agreeing to participate in the
restorative justice process, the parties are fully informed of their rights, the nature of the process, and
the possible consequences of their decision; Neither the victim nor the offender is induced by unfair
means to participate in restorative justice processes or outcomes; Discussion in restorative justice
processes should be highly confidential and should not be disclosed subsequently, except with the
consent of the parties, and should not be used against the parties involved; Where no agreement can
be made between the parties, the case is withdrawn from the restorative justice process; and In the
event agreement is reached by parties, it is put in writing to give substance/essence to the agreement.
The failure to implement any provision of the agreement made in the course of the restorative justice
process is a basis for the withdrawal of the case from the program.
WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?
A Probation and Parole Officer assigned to handle investigation and supervision caseloads acts as
restorative justice planner. As such, he/she undertakes the following responsibilities:
1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case for
Peacemaking Encounter
26. 2. ; 2. Conduct dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and Leaders of community for their
participation in the conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares case-notes reflective of restorative and utilizing the following points:
• Impact of crime and effect of victimization
• Victim inputs and involvement opportunities
• Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or the
community.
CPPO engages in the following responsibilities:
1. Approves cases for Peace Encounter Conference and Issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and sets
direction to realize success of the process.
WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING THE
RESTORATIVE JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING FROM THE
CRIMINAL OFFENSE?
The clients must admit the offense to be eligible for the conference, and if possible, they should be
encouraged to take full responsibility:
A personal visit by the Restorative Justice planner may be necessary to solicit interest and willingness
of stakeholders to participate in the restorative process; The victims’ preference for the time, date and
place of the
Meeting should be given greatest weight; Restorative Justice planners should also get in touch with
community strengths to serve as facilitator like local officials, members of the Lupon Tagapamayapa or
any responsible and respected personalities in the locality;
A pre-conference meeting with the selected facilitators prior to the actual conduct of peace encounter
conference should be set to carefully plan for all the details, from the sitting arrangements and
refreshments to the box of tissue papers which incidentally would let participants know that display of
emotions is okay;
A pre-conference meeting could likewise be arranged Separately with individual stakeholders to
explain the process and Other vital details of the conference;
The Restorative Justice planner should ensure that everyone knows how to get to the location site of
the conference;
Facilitators should ensure that the conference shall be conducted without interruption in a comfortable
location and shall secure the safety of all stakeholders;
Stakeholders shall also be consulted relative to the Composition of the panel of facilitators. Any party
may move to oppose the inclusion of persons by reason of relationship, bias, interest or other similar
grounds that may adversely affect the process; and
27. Indigenous system of settling differences or disputes shall Accordingly be recognized and utilized to
conform with the customs and tradition of that particular cultural community.
WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
Peacemaking Encounter
Peacemaking Encounter is a community-based gathering that brings the victim, the victimized
community, and the offender together. It supports the healing process of the victims by providing a safe
and controlled setting for them to meet and speak with the offender on a confidential and strictly
voluntary basis. It also allows the offender to learn about the impact of the crime to the victim and
his/her family, and to take direct responsibility for his/her behavio Likewise, it provides a chance for the
victim and the offender to forge a mutually acceptable plan that addresses the harm by the crime.
As a community-based Peacemaking Encounter is being implemented through the following a process:
1. Victim/Offender Mediation interested victim an opportunity to meet face-to-face his/her offender
in a secured and structured setting or atmosphere, with the help of a trained mediator, and
engage in a discussion of the past offense and its impact to his/her life. Its goal is to support the
healing process of the victim and allow the offender to learn the impact of his/her offense on the
victim’s physical, emotional and financial existence, and take direct responsibility for his/her
behavior by mutually developing a Restorative Justice plan that addresses the harm caused by
the said offense.
2. Conferencing – a process which involves community of people most affected by the crime the
victim and the offender and their families, the affected community members and trained
facilitators and community strength – in a restorative discussion of issues and problems arising
from an offense or coincidence which affects community relationship and tranquility. Facilitated
by a trained facilitator, the above parties are gathered at their own volition to discuss how they
and others have been harmed by the offense or conflict, and how that harm may be repaired
and broken relationship may be restored.
3. Circle of Support – a community directed process organized by the field office and participated
in by the clients, the Volunteer Probation Aides (VPAS) and selected members of the community
in the discussion of the offense and its impact. Within the circle, people freely speak from the
heart in a shared search for understanding the incident, and together identify the steps
necessary to assist in the reconciliation and healing of all affected parties and prevent future
crime or conflict.
In the Agency, the circle of support is facilitated by trained Probation and Parole Officers, Volunteer
Probation Aides or selected community leaders who offered their services free of charge to serve as
facilitator or keeper.
In implementing this process, the probation and parole officer should be the facilitator who is sensitive
to the needs of the victim. Likewise, the probation and parole officer should exert effort to protect the
safety and interest of the victim.
28. WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING THE
RESTORATIVE JUSTICE PROCESS?
As a result of the restorative justice process, the following outcomes or interventions may be agreed
upon by parties in a Restorative Justice discussion, such as, but not limited to:
A. Restitution
Restitution is a process upon which the offender accepts accountability for the financial and/or non-
financial losses he/she may have caused to the victim. Restitution is a “core” victim’s right which is very
crucial in assisting the redirection of the victim’s life. Part of the conditions of probation as imposed by
the Court is the payment of civil liability to indemnify the victim of the offender, and to inculcate to the
offender a sense of responsibility and obligation towards the community.
Consequently, the probation and parole officer should see to it that the offender complies with this
condition.
B. Community Work Service
Community Work Service, whether imposed as a condition of offender’s conditional liberty or integral
part of his treatment plan, should be purposely motivated to make the offender realize that he/ She
incurred an obligation to make things right. In its application, the offender can be subjected to perform
work service measures, including, but not limited to any of the following:
Mentoring and Intergenerational Service – offenders will develop their nurturing needs thru caring
for other people; example. with senior citizens, with orphanages, or with street children.
Economic Development-to link directly with the business project examples: cleaning downtown area,
tree planting, maintenance of business zones, housing restoration, garbage and wastes management,
cleaning of esteros, recycling, construction, repair d streets, and the like.
Citizenship and Civic participation-experiential activities which involve solving community problems;
examples: puppet shows that showcase values, street dramas, peer counseling.
Helping the Disadvantaged this will enhance offender’s self
This will enhance offender’s self Esteem; examples: assist handicapped, assist in soup kitchen, tutor
peers, visit the aged in jail and hospitals.
Crime Prevention Project examples: Brgy. Ronda, giving Testimony to the youth.
The probation and parole officer should ensure the adoption of these community work services to
facilitate the reintegration of the offender in the community.
C. Counseling (whether individual, group or family)
It will enhance client’s interpersonal relationship and it will help him/her become more aware of his/her
shortcomings/weaknesses. This will also help him/her overcome painful experiences that drove him/her
to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
29. An intervention which provides recovering drug dependents or those with serious behavioral problems
an opportunity to discuss their problems.
G. Spiritual development session/faith-based Session
H. Submission to psychological/psychiatric assessment 1. Submission to drug test/drug
dependency examination J. Attendance to skills training/livelihood assistance program
K. Marital enhancement program
L. Written or oral apology
M. Submission to family therapy session
This session aims to develop healthy personal relationship within the family and to establish open
positive communication between family members and significant others. Family members should be
oriented in their individual responsibilities and roles.
N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare
Republic Act No. 8505
February 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR
THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE
APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 1. Title. This Act shall be known as the “Rape Victim Assistance and Protection Act of
1998.”
Section 2. Declaration of Policy. – It is hereby declared the policy of the State to provide necessary
assistance and protection for rape victims. Towards this end, the government shall coordinate its
various agencies and non-government organizations to work hand in hand for the establishment and
operation of a rape crisis center in every province and city that shall assist and protect rape victims in
the litigation of their cases and their recovery.
Section 3. 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;
30. (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;
(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.
Section 4. 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.
For this purpose, 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.
Section 5. 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.
Chapter Review
1. How important is the victims’ compensation program?
2. What is Restorative Justice? How was Restorative Justice Adopted in the Philippines??
31. 3. What are the outcomes or interventions which can be agreed Upon during the Restorative
Justice Process?
Chapter IV
DIFFERENT THERAPEUTIC/TREATMENT MODELS
Learning Objectives
At the end of the chapter students will be able to:
1. Familiarize the different modalities in the treatment of offenders.
2. Describe the Salient features of therapeutic Community.
3. Differentiate those different therapeutic/treatment models implemented by the
MODALITIES IN THE TREATMENT OF OFFENDERS IN THE PHILIPPINES
system Like many countries, the correction Philippines has both an institution based and a community
base component. It also has separate treatment systems for youth offenders and adult offenders. The
custodial care of adult offenders is handled by the following:
1. The Bureau of Jail Management and Penology (BJMP)under the Department of Interior and Local
Government (DILG) which has supervision over all district/city and municipal jails and detention
centers. These jails house detainees awaiting judicial disposition of their case and offenders whose
sentence range from one (1) day to three (3) years.
2. The Provincial Governments, which have supervision and control over provincial jails. These jails
house court detainees and prisoners whose prison terms range from six (6) months and one (1) day,
to three (3) years.
3. The Bureau of Corrections (BUCOR) under the Department of Justice (DOJ), which has control over
the national penitentiary and its penal farms, houses convicted offenders with prison sentences ranging
from three (3) years and one (1) day, to life imprisonment.
Youth offenders in the Philippines are treated differently. A youth offender is defined as a child over nine
(9) years but below eighteen (18) years of age at the time of the commission of an offense. Under the
country's laws, these youth offenders are entitled to a suspended sentence. Instead of serving their
sentence, they are rehabilitated in regional youth rehabilitation centers, which are managed and
supervised by the Department of Social Welfare and Development (DSWD).
There are ten (10) rehabilitation centers for youth offenders, one of which is a National Training School
for Boys and the other, a National Training School for Girls. Their stay in the center can be shorter than
their sentence term, depending on how they respond to the rehabilitation process therein.
The non-institutional treatment of adult offenders is managed primarily by the Department of Justice
(DOJ)through its Parole and Probation Administration and the Board of Pardons. Probation for adult
32. offenders is available to those whose penalty of imprisonment does not exceed six (6) years. It is
considered as a matter of privilege and not of right. Hence, the adult offender has to apply for probation
before the court upon conviction. This is also true for the parole system.
THERAPEUTIC COMMUNITY MODALITY BY PAROLE ANDPROBATION ADMINISTRATION(PPA)
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.
WHATARETHE SALIENT FEATURES OF TC?
1.Theprimary"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; destiny; Social Here and now; Personal
responsibility for 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
THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THEBUREAU OF JAIL MANAGEMENT
AND PENOLOGY
PHASES OF TREATMENT
TCMP in the BJMP set up is quite unique in the sense that inmates are in custody while undergoing
trial for their individual cases. Their length of stay is determined by how fast is the disposition of their
33. cases. The cases may be decided upon after a short period of time or may last for years. Though the
different phases of treatment is observed, it cannot be fully implemented or may not be followed as
scheduled due to the uniqueness of the status of the residents.
Phase l-Entry/Orientation Phase
Once an inmate is committed to jail, he undergoes a series of examination to determine his physical,
social and psychological status. Upon his commitment, a resident is placed on orientation at the
Reception and Diagnostic room/ Orientation Room. In here, hes acquainted with the TC program:
• The rules and norms of the community.
• TC concepts, written and unwritten philosophy.
• The staff and the members of the community.
• The tools of the house.
• Job functions and TC hierarchy.
He is then assigned a static group and a big brother who will provide him with support and will walk him
through the orientation phase. At this phase, the resident is handled gently and is expected to commit
mistakes in the process of learning the program. Sanction on negative behavior are usually light with
emphasis on teaching.
Phase Il-Primary Treatment
After proper orientation on the different TC concepts and tools, the norms and rules of the community
and the staff members, the resident is now ready to undergo the treatment proper. He becomes a part
of the community starting as a crew member of the housekeeping department until he gradually
ascends in the hierarchy. He must be knowledgeable on the following:
• Proper use of the different tools to address personal issues and concerns and shape behavior.
• Managing own feelings and learning how to express self appropriately.
• Learning how to follow the rules and norms of the community.
• Maximize participation in activities that are appropriate to the resident's need for growth.
• Learning how to trust the environment by disclosing self to the community and develop insight
in the process.
• Developing positive coping skills to deal with difficult life situations.
• Enhancing educational and vocational skills to make him productive.
• ·Improve social skills and recognize the importance of the people’s help in shaping behavior
Phase III-Pre-Re-entry
Under regular circumstances, the resident is expected at this stage to have internalized the TC values
and concept to start life afresh. However, in the jail setting where entry and release are not within the
jail control, residents may not have reached this phase of treatment before they even leave the jail
facility.
Regardless of the resident's length of stay, he is expected to undergo this phase prior to release into
society. At this phase, the resident is expected to have proven his ability to take on more responsibility
hence needs lesser supervision. He is considered a role model in the TC community. He should focus
on the following learning:
• Rebuilding of social and family ties
• Going up the ladder of hierarchy by showing leadership
• Realization of his full potential to be a productive member of society
• Mapping out of plans
Phase IV-Re-entry
34. In the ideal setting, a resident at this stage is now ready to be released back to society as he has
demonstrated adequate self-control and discipline. The inmate is now preparing for his life outside of
jail and is focused on making himself a productive citizen. He may start planning for job hunting and
rebuilding family ties and relationships.
In the jail setting, the residents will stay inside the jail until their cases are resolved or they have been
convicted and need to be remanded to the Bureau of Corrections.
The resident must focus on the following:
• Transition to life outside of jail.
• Creating a new lifestyle applying the tools and concept of TC.
• Learning positive coping skills to deal with day-to-day situations.
• Re-establishing and strengthening family ties and support group.
• Reintegration into the mainstream of society.
• Developing realistic and attainable goals in life.
Phase IV-Aftercare
Aftercare is an outpatient program that requires clients to report twice a week to an outreach center.
They are required to attend group sessions to ensure their adjustment to life outside jail reduce
recidivism. For clients released from jail, they are referred to the Parole and Probation Administration
and Local Government Units for follow up and aftercare. The clients are focused on the following:
• Maintaining positive behavior and prevent recidivism.
• Strengthening coping mechanism.
• Maintaining relationships and support mechanism.
• Sustaining interest in job or vocation to maintain livelihood.
• Integration into society.
STANDARD PARAMETERS FOR JAIL TCMP
A. Physical Environment:
• The internal and external environment is comfortable, clean and welcoming.
• TC Philosophy and unwritten philosophies are visibly posted around the facility.
• Hierarchical structure and daily activities are displayed.
• There is adequate space to hold activities and rooms for specific meetings that require privacy.
• A clean well-maintained kitchen that complies with the sanitary standards of BJMP.
• Provision of recreation areas both indoors and outdoors.
• The dining area is equipped with enough tables and chairs, to accommodate the inmates.
• Adequate sanitary toilets and bathrooms that provide privacy to users.
• Adequate space for sleeping and habitation that respects the individual's personal space.
B. TCMP Staff:
• The TCMP staff has undergone proper training on TCMP.
• Presence of a permanent TCMP staff to supervise the program and conduct the various
activities.
• The TCMP staff will not be transferred to other jails until properly covered by another TC trained
staff.
• There is proper shift turn-over of TC trained staff on a daily basis.
• TCMP staff can be utilized to handle other tasks but puts priority to TCMP.
• Regular meetings are held by staff to discuss progress, issues and concerns about the program.
• All the jail staff are involved in the TCMP and are contributing members.
35. • The staff works as a team in delivering services to inmates.
• The staff serves as role models and treats inmates with respect and dignity.
• Incentives are given to TCMP staff in terms of awards and commendations.
C. The Therapeutic Environment-The Inmates/ Residents:
• The residents treat each other with respect tall times regardless of age, religion, cultural diversity,
etc.
• The residents practice a culture of honesty and openness in discussing thoughts and feelings,
providing and receiving feedbacks.
• Confidentiality is respected and practiced.
• The residents are involved in decision making and planning in TCMP activities.
• The participants of TCMP are change agents in bringing about transformation among peers.
• The residents comply with the cardinal and house rules and serve as "watchdogs” for their peers
with the aim of correcting erring members.
• Absence or minimal incidence of jail violence/disturbance
• The residents respect the hierarchy and chain of command.
Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole community
and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine National Anthem
and the recitation of the TC Philosophy.
Participants and facilitators recite the TC Philosophy as part of the morning meeting.
Therapeutic Community Program by the Bureau of Corrections (BUCOR)
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 inmate’s 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 act as his brother's
keeper.
As TC family members go on with their daily activities, a strong sense of responsibility and concern for
each other's welfare are developed. They are constantly being monitored for their progress and are
regularly being evaluated by the TC-trained staff. The TC process allows for genuine introspection,
cultivation of self- worth and positive rationalization that move the individual towards assuming a greater
sense of personal and moral responsibility.
The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC
approach is in line with its commitment to create a Drug-Free Prison. Worldwide developments in the
treatment and rehabilitation of drug offenders using this therapeutic community approach have been
noted to be effective in many prisons.
36. The TC program of the Bureau of Corrections helps persons deprived of liberty to become productive
citizen by offering various livelihood programs that provides skills and trainings.
Chapter Review
1. Compare and contrast the Therapeutic Modality Programs of Parole and Probation
Administration, Bureau of Jail Management and Penology and Bureau of Corrections.
2. What are the salient features of TC under the Parole and Probation Administration?
3. Enumerate and discuss the phases of treatment under the Therapeutic Community Modality
Program of the Bureau of Jail Management and Penology.
Chapter V
BEHAVIORAL MANAGEMENT
Learning Objectives:
At the end of the chapter students will be able to:
1. Introduce the concept of behavior management through the use of various behavior shaping
tools to residents.
2. Institutionalize the practice of behavior shaping tools to foster behavior change among resident.
3. Highlight the importance of behavior management in relation to the other TCMP components
towards Attitudinal change among residents.
INTRODUCTION
The Behavior Management is a component of Therapeutic Community Modality Program (TCMP)
that introduces the concept and mechanics of the various shaping tools to include Morning Meeting in
order to facilitate the management of and shape the behavior of the residents. This shows the essential
elements and significance of the tools which would provide the community common language, increase
cohesiveness and adapt to the moral and behavioral code of the tools application. The behavior shaping
tools are ordered in hierarchy to provide enough room for personal growth and learning. The community
serves as a dynamic force that motivates the individual to achieve positive behavior change.
General Meeting
Learning Experience/Bans
Haircut
Dealt With
Pull-Up
Talk To
Figure 1. Hierarchy of Behavior Shaping Tools
PRE-MORNING MEETING
Duration/Frequency: Fifteen minutes daily
Participants: Senior residents, Counselor
