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Therapeutic Modalities

For Criminology Students and Practitioners

JINSP ARJAY MARCAIDA CUASAY, MSCJ, RCrim

JO1 RENOR NARCA APELA, MAEd, MSCJ, RCrim, CSP

i
FOREWORD

Therapeutic Modality Program is an approach that focuses on the learning and


relearning of behavioral skills, attitudes and values, associated with socialized living of
persons deprived of liberty in a jail setting. It is the avenue for the PDLs which fosters
their personality and attitude in jail while preparing for their reintegration to the society
they belong. The success of the Therapeutic Community treatment model is also
anchored on the implementation of restorative justice. To highlight the principles of
restorative justice, offenders are recognized to indemnify victims and render community
services to facilitate the healing of the broken relationship caused by offending the
concerned parties. Mediation and conferencing are also utilized in special cases to
mend and/or restore clients’ relationship with their victim and the community.
This book also intends to discuss the importance of human rights of every person
in the community. People behind bars are noted to be not all sinners, so this is so timely
and significant to discuss those programs of the government that focused on the welfare
of persons deprived of liberty perhaps because this is the only last resort they need to
have as preparation for them to be reunited with their loved ones outside of prison cells.
It also emphasized the different rules to be observed under the United Nations Standard
Minimum Rules for the Treatment of Prisoners or The Nelson Mandela Rules. Its
covenants are very significant in the total rehabilitation and reshaping of the PDL’s
behavior while inside the jail.

Arjay
Renor

ii
Table of Contents

Foreword ii
Table of Contents iii
TC Philosophy

Chapter 1 LAWS ON HUMAN RIGHTS 1


General Nature and Definition of Human Rights
Basic Characteristics of Human Rights
Human Rights Principles 2
Classification of Rights
Stages of Human Rights
Three obligations of State Parties
Sources and Foundations of Human Rights Law 3
Civil and Political Rights 4
Rights Of A Person Under Custodial Investigation 5
What is the Miranda Doctrine?
What Are The Rights Of A Person During Custodial Investigation? 6
Republic Act No. 7438 7
The United Nations Standard Minimum Rules for the Treatment 9
of Prisoners (The Nelson Mandela Rules)
Chapter Review 17

Chapter 2 PUNISHMENT AND DIFFERENT FORMS OF 18


HUMAN RIGHTS VIOLATION
Punishment
The Purposes of Punishment
What Are Human Rights Violations? 20
Definition and types of human rights violations
Examples of human rights violations 21
Basic Principles for the Treatment of Prisoners 22
Chapter Review 24

Chapter 3 GOVERNMENTAL PROGRAMS FOR THE VICTIMS 25


Victims Compensation Program
What is the law creating the Board of Claims?
What is the rationale for the enactment of the law?
Who may apply for compensation?
When should a claim be filed?
How is a claim filed? 26
How much is given to a qualified applicant?
May the decision of the Board of Claims be appealed?
Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes
Against Humanity
Rome Statute 27

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What is Restorative Justice? 29
How was Restorative Justice adopted in the
Philippines?
What are the Effects of Restorative Justice
as a Rehabilitation Program of PPA?
How is Restorative Justice Implemented in PPA? 30
What are the Roles of the Probation and Parole Officers in the
Implementation of Restorative Justice?
What are the Procedural Safeguards to be 31
observed in applying the Restorative Justice
processes to resolve conflicts arising
from the Criminal Offense?
What are the Restorative Justice models that can be
applied in PPA? 32
What Are The Outcomes Or Interventions Which Can Be Agreed
Upon During The Restorative Justice Process? 33
Republic Act No. 8505           35
Chapter Review 38

Chapter 4 DIFFERENT THERAPEUTIC/TREATMENT MODELS


39
Modalities in the Treatment of Offenders in the Philippines
Therapeutic Community Modality by Parole and Probation
Administration (PPA) 40
What is TC?
How Does TC Look Like?
What are the Salient Features of TC?
Therapeutic Community Modality Program by the 41
Bureau of Jail Management and penology
Phases of Treatment
Standard Parameters for Jail TCMP 43
Therapeutic Community Program by the Bureau of Corrections 46
(BUCOR)
Chapter Review 48

Chapter 5 BEHAVIORAL MANAGEMENT 49


Introduction
Pre-morning Meeting 50
Morning Meeting
Parts of the Morning Meeting 51
Hierarchy of Behavior Shaping Tools 53
Talk To
Pull-Up
Dealt With 55
Haircut
Learning Experience 56

iv
Bans 58
General Meeting
Expulsion 61
Chapter Review 62

Chapter 6 PSYCHOLOGICAL AND EMOTIONAL ASPECT 63


Introduction
Counseling
Psychosocial Skills and Characteristics of Counseling
Pattern of Counseling Session 64
When to break Confidentiality? 65
Initial Interview/ Intake Interview
One to One Counselling/Individual Counseling
Group Counseling 66
Peer Confrontation Group 67
Secrets 68
Encounter Groups
Extended Group 70
Specialized Groups
Women’s Group 71
Men’s Group
Medication Support Group 72
Anger Management
Pre-Release Interview
Chapter Review 74

Chapter 7 INTELLECTUAL AND SPIRITUAL COMPONENTS 75


Introduction
Spirituality in TC
Intellectual Component
The TC Philosophy 76
TC Unwritten Philosophies 77
Theme/ Concept of the Day 80
Meditation: Discovering your Inner Sanctuary
Seminars 83
The Debate
Games: The “Grab Bag” 84
Saturday Night Activities
Chapter Review 88

Chapter 8 VOCATIONAL/SURVIVAL SKILLS 89


Introduction
Organizational Hierarchy Of Therapeutic
Community
Job Functions 93
TCMP Departments And Functions 95

v
Staff Functions 96
Job Changes 97
Livelihood And Skills Training 100
Chapter Review 104

References 105

vi
TC PHILOSOPHY

I am here because there is no refuge finally, from myself.

Until I confront myself in the eyes and hearts of others,

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.

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.

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LAYUNIN

(TC Philosophy in Tagalog)

AKO’Y NARIRITO SAPAGKAT


HINDI KO NA MATATAKASAN
ANG 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.
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

viii
SA SARILI AT KAPWA.

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