Chapter IV

Concept and Principles of Restorative Justice

At the end of this chapter the student should be able to understand:

 Define the process of restorative justice in our criminal justice system;

 Enumerate the types of restorative justice used in correctional.

Restorative Justice is a process through which

remorseful offenders accept responsibility for
their misconduct, particularly to their victims and
to the community. It creates an obligation to
make things right through proactive involvement
of victims, ownership of the offender of the
crime, and the community in search for solutions
that 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.

Basic Elements of Restorative Justice

Unlike in the traditional justice system, a restorative effort is a holistic response to crime
or confict which needs to be attended to in all these relationships to be able to strengthen
community fabric. The repairing relationships of stakeholders do not mean creating a

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friendly and positive attitude between them. It means restoring an appropriate “balance
of power” among stakeholders.

Encounter: Create opportunities for victims, offenders, and community members who
want to meet and discuss the crime and its aftermath;

Amends: Expect offenders to take steps to repair the harm they have caused to their
victims; Reintegration: Seek to restore victims and offenders as a whole and help them
become contributing members of society;

Inclusion: Provide opportunities for parties with a stake in a specific crime to participate
in the resolution

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 Programmes 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 the 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 the commission of a crime.
Therefore, PPA adopts Restorative Justice as one of its rehabilitation programs which

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THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM OF
PPA

1. Reintegration of the offenders to the social mainstream and encouraging them to

assume active responsibility for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in the rehabilitation
of victims and offenders;
3. 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;
4. Healing the effects of the crime or wrongdoing suffered by the respective
stakeholders; and
5. Prevention of further commission of crime and delinquency.

RESTORATIVE JUSTICE IMPLEMENTED IN PPA (PAROLE PROBATION AND

ADMINISTRATION)

A. During the Investigation Stage

Information such as victims’ version of the offense, the 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

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 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.

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:

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 1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential case for Peacemaking Encounter;
2. Conducts 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 casenotes reflective of restorative justice values and utilizing the
following points:
7. Impact of crime and effect of victimization
8. Victim inputs and involvement opportunities
9. Offender opportunity to take direct responsibility for the harm inflicted on the victim
and/or the community.

A 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 set the direction to realize the success of the process.

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 the
greatest weight;

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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

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.

THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA

Peacemaking Encounter

It 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

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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 behavior.
Likewise, it provides a chance for the victim and the offender to forge a mutually
acceptable plan that addresses the harm caused by the crime.

As a community-based decision model, the Agency Peacemaking Encounter is being

implemented through the following processes:

1. Victim/Offender Mediation – a process that provides an 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 a 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 tranquillity. 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 relationships 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.

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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 facilitators or keepers.

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.

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

It 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 an 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:

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 1. Mentoring and Intergenerational Service – offenders will develop their nurturing
needs thru caring for other people; for example: with senior citizens, with
orphanages, or with street children.
2. Economic Development – to link directly with the business project; examples:
cleaning downtown area, tree planting, maintenance of business zones, housing
restoration, garbage and waste management, cleaning of esteros, recycling,
construction, repair of streets, and the like.
3. Citizenship and Civic participation-experiential activities which involve solving
community problems; examples: puppet shows that showcase values, street
dramas, peer counseling.
4. Helping the Disadvantaged – this will enhance the offender’s self-esteem;
examples: assist handicapped, assist in a soup kitchen, tutor peers, visit the aged
in jail and hospitals.
5. 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 into the community.

C. Counseling (whether individual, group, or family)

It will enhance the 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 training, seminars and lectures

E. Participation in education, vocation or life skills program

F. Group Therapy Session

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

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H. Submission to psychological/psychiatric assessment

I . 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 a 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 responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare

Reference https://probation.gov.ph/restorat
ive-justice/
Video Links Topic
https://www.youtube.com/watch?v=B9NeG9 What is Restorative Justice?
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https://www.youtube.com/watch?v=JAiZNhk Restorative Justice Introduction to
klx8 Contemporary Approaches
https://www.youtube.com/watch?v=6Q1u3- Restorative Justice
Sg2KI

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