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PUNISHMENT AND DIFFERENT FORMS OF HUMAN RIGHTS

VIOLATION
PUNISHMENT
Is the infliction of some kind of pain or loss upon a person for a misdeed (i.e. the
transgression of a law or command). Punishment may take forms of ranging from capital
punishment, flogging, forced labor, and mutilation of the body to imprisonment and fines.
Deferred punishment consist of penalties that are imposed only if an offense is repeated within a
specified time.
In some pre-modern 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 Purpose of Punishment


The punishment has five recognized purpose:
 Deterrence,
 Incapacitation,
 Rehabilitation,
 Retribution,
 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.

Incapacitation
Incapacitation Prevents future crime by removing the defendant from society. Examples
of incapacitation are incarcerations, 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.

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.

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.

Different Punishment and their Purpose


 Specific deterrence prevents crime by frightening an individual defendant with
punishment. General deterrence prevent crime by frightening the public with the
punishment of an individual defendant.
 Incapacitation prevent crime by removing a defendant from society.
 Rehabilitation prevent crime by altering a defendant’s behavior.
 Retribution prevent crime by giving victims or society a feeling of avengement.
 Restitution prevents crime by punishing the defendant financially.

What are Human Rights Violations?


The Universal Declaration of Human Rights (UDHR) was established in response to the
atrocities during world WWII, including the Holocausts. 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 disregard, they are violated.

Example of Human Rights Violation


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 violation of the right to freedom of expression and the right of peaceful
assembly. States are usually responsible for the violations as they attempts to maintain control and push
down rebellious societal forces. Suppressing political rights is a common tactic for many government
during times of civil unrest.
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 actor. 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,
 Evicting people by force
 Denying service and information about health
 Discrimination
 Failing to provide maternity leave
 Not paying sufficient minimum wage
 Segregating student based on disabilities
 Forbidding the use of minority/indigenous languages

Governmental Programs for the Victims


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 power problems in the area of justice and human rights is the
implementation of the constitutional provision against the deprivation of life, liberty and
property without due process of law. Persons have been accused and imprisoned for crimes they
did not commit, only to be subsequently acquitted. Government and society have become
notably indifferent to victims of crimes and criminals. A judicial way of filing a claim for
compensation may be too long. Congress opted for administrative procedure of filing the claims
by creating the board of claims.
Who may apply for compensation?
1. A person who was unjustified 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 victim or arbitrary detention by the authorities as defined in the Revised
Penal Code under a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offences 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 be claim be filed?
The claim should be filed with the Board by the person entitled to compensation under
the Act with 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 a 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 nu,ber of
months of imprisonment and every fraction thereof shall be considered one month, but in
no case shall such compensation exceed ONE THOUSAND PESOS (1000) per month.
2. In all cases the maximum for which the Board may approved a claim shall not exceed
TEN THOUSAND PESOS (10,000) 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 provided that: ‘Any aggrieved claimant may appeal, within fifteen (15)
days from receipt of the resolution of the Board of the Secretary of Justice whose decision shall
be final and executor y.’
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 exiting provision in Philippine
law for the protection of victims and witnesses, the following measures shall be undertaken:
a. The Philippine court shall take appropriate measure to protect the safety, physical and
physiological well-being, dignity and privacy of victims.
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.
c. Where the personnel interest 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.
d. Where the disclosure of evidence or information pursuant to this act may led to the grave
endangerment of the security of a witness for his/her family, the prosecution may, for the
purpose of any proceedings conducted prior to the commencement of the trial, withhold
such evidence or information and instead submit a summary thereof.
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.
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 means.
3. Where the personal interests of the victims are affected, the Court shall permit their views
and concern 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.
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 purpose of any proceedings conducted prior to the commencement of the trial,
withhold such evidence or information and instead submit a summary thereof.
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 Reparation 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, 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, including restitution, compensation and rehabilitation. Where
appropriate, the Court may order that the award for reparations be made through the Trust Fund
provided for 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.
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 provision 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.

RESTORATIVE JUSTICE
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.
HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?
The Commission in Crime Prevention and Criminal Justice, of which the Philippines is a
member-country, through a draft resolution, recommended to the Economic and Social Counsil of the
United Nations Organization (UNO), the adoption of the ‘Basic Principles on the Use or Restorative
Justice Program 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 subsequently prevent the commissions of
crime. Therefore, PPA adopts Restorative Justice as one of its rehabilitation programs which utilizes
restorative processes and aims to achieve restorative outcomes.
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, survivors and other persons affected by the crime as
participating stakeholders in the criminal justice system, rather than mere objects or passive recipients or
service of intervention that may be unwanted, inappropriate or ineffective stakeholders; and prevention of
further commission of crime and delinquency.
HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?
A. During the Investigation Stage
B. During the Supervision Stage
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 caseholds acts as
restorative justice planner. As such, he/she undertakes the following responsibilities:
1. Identifies and recommends to the Chief Probation and Parole Officer (CCPO) potential case for
Peacemaking Encounter.
2. Conduct dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible member and leaders of community for their
participation in the conference;
4. Serve as facilitator strength in the conference
5. Assist in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares case notes reflective of restorative justice value and utilizing the following points:
 Impact 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.
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 agreement 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
The clients must admit the offense to be eligible for the conference, and if possible, they should
be encouraged to take full responsibility;
A personnel 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 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
ground that may adversely affect the process; and
Indigenous system of setting differences or disputes shall accordingly be recognized and utilized
to conform with the customs and tradition of the particular cultural community.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
Peacemaking Encounter
is a community-based gathering that bring the victim, the victimized community, and the offender
together. It supports the healing process of the victims by providing a safe 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 behavior. Likewise, it provides a chance for the victim and the offender to forge a mutually
acceptable plan the 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 which that provides an interested victim an opportunity to
meet face to face his/her offender in a secured and structure 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 in
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
discussions of the offense and its impact. Within the circle, people freely speak from the heart in a shared
search for understanding the incidents, and together identify the steps necessary to assist in the
reconciliation and healing of all affected parties and prevent future crime of 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 service 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.

WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED


UPON DURING THE RESTORATIVE JUSTICE?
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 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 is 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.
B. 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 citizen, 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 waste management, cleaning of esteros, recycling, construction, repair of
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-esteem; examples: assist
handicapped, assist in soup kitchen, tutor peers, and 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 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 like skills program
F. Group Therapy Session
An intervention which provides recovering drug dependents or those with serious
behavioral problems an opportunity to discuss their problem.
G. Spiritual development session/faith-based session
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 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
coordinated 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 Interior and Local Government (DILG), the
Department of Justice (DOJ), and a lead Non-government Organization (NGO), with proven
track record or experience in handling sexual abuse cases, shall establish in every province and
city a rape crisis center, located in a government hospital or health clinic or in any other suitable
place for the purpose of:
(a) Providing rape victims with psychological counselling, medical and health services,
including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the
filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the
family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human
rights and responsibilities; gender sensitivity and legal management of rape cases;
(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 party; and
(b) Arrange for counselling and medical service 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 thw 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 women 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 hve 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 whom the complaint has
been referred may, whenever necessary to ensure fair and impartial proceeding, 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 discharged 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.

DIFFERENT THERAPEUTIC/TREATMENT MODELS


MODALITIES IN THE TREATMENT OF OFFENDERS IN TL THE
PHILIPPINES
Like many countries, the correctional system in the Philippines has both an institution-based and
a community-based component. It also has separate treatment systems for youth e 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 S managed primarily by the Department of
Justice (DOJ) through its Parole and Probation Administration and the Board of Pardons. Probation for
adult offerenders 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 AND PROBATION


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 too play the dual role or Client-tnerapist. Ata 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 Wn a hierarchical structure of older
and younger members. Each member has a defined role and responsibilities for sustaining the proper
functioning of the TC. There are sets of rules and community norms that members upon entry commit to
live by and uphold.

WHAT ARE THE SALIENT FEATURES OF TC?

1. The primary "therapist" and teacher is the community itself, consisting of peers and staff, who, as role
models of successful personal change, serve as guides in the recovery process.

2. TC adheres to precepts of right living: Truth/honesty Here and now; Personal responsibilny for destiny;
social responsibility (brother's keeper); Moral Code: inner person is "good" but behavior can be "bad";
Change is the only certainty; Work ethics, Self-reliance; Psychological converges with philosophical (e.g.
guilt kills)

3. It believes that TC is a place where: One can change unfold; the group can foster change, individuals
must take responsibility; structures must accommodate this; Act as it -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 THE BUREAU 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 disposition of
their 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 status of the residents.
Phase l- Entry/Orientation Phase
Once an inmate is committed to jail, he undergoes 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 he is 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 provide 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.
Sanctions on negative behavior are usually light with emphasis on teaching.
Phase II-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 seit to ne community and develop insight in
the process
 Developing positive coping skills to deal with difficult life
 Enhancing educational and vocational skills to make him productive.
 Improve social skills and recognize the importance of other 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


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 V- 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 to 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 JAILTCMP

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 and well-maintained kitchen that complies with thne 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.
 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 at all 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 or TCMP are change agents in bringing about transformation among peers
 The residents comply with the cardinal and house rules and serve as watcndogs Tor tneir 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.
Participants of the TCMP conducts "Morning Meeting"
Morning Meeting is a daily ritual that starts the day in a TC facility. tis attended by the whole
community and lasts for an hour. It mences with the Opening Prayer, Singing of the Philippine National
Anthem and the recitation of the TC Philosophy.

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 to foster personal growth.
This is accomplished by re - shaping an individual's behavior and attitudes through the inmates
community working together to help themselves and each other, restoring self - confidence, and preparing
them for their re - integration into their families and friends as productive members of the community.
Patterned after Daytop TC, New York which is the base of the Therapeutic Community
movement in the world, the BuCor TC program was adopted as part of the Bureau's holistic approach
towards inmate rehabilitation. It is implemented primarily but not limited to drug dependents.
The TC approach has been continuously proven worldwide as an effective treatment and
rehabilitation modality among drug dependents, and have been noted to be effective in many prisons. By
immersing a drug offender in the TC environment, he learns why he had developed his destructive habits,
which led him to substance abuse. The program modifies negative behavior and or attitudes while
restoring self - confidence, and prepares inmates for their re integration into their families and friends as
productive members of the community. This behavioral modification program gradually re shapes or re -
structures the inmate within a family - like environment, wherein every member acts as his brother's
keeper.
As TC family members go on with their daily activities, a strong sense of responsibility and
concern for each other's welfare are developed. They are constantly being monitored for their progress
and are regularly being evaluated by the TC - trained staff. The TC process allows for genuine
introspection, cultivation of self-worth and positive rationalization that move the individual towards
assuming a greater sense of personal and moral responsibility.
The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the
TC approach is in line with its commitment to create a Drug - Free Prison . Worldwide developments in
the treatment and rehabilitation of drug offenders using this therapeutic community approach have been
noted to be effective in many prisons.

BAHAVIORAL MANAGEMENT
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.

Expulsion

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
Pre - Morning Meeting is done early in the morning prior to the Morning Meeting. Senior members of the
community will meet for about fifteen (15) minutes to discuss the attitude of the house the previous day.
It is also where the senior members formulate solutions to the concerns discussed and to be executed
during the day. The attendees will also discuss the activities to be engaged in the Morning Meeting and
make sure that all participants are ready with their corresponding parts and determine the amount of time
to be allotted for each part. The group will agree on the theme or concept of the day. This is to make sure
that everything is ironed out prior to the conduct of the Morning Meeting such as the validation of pull -
ups and other concerns.
MORNING MEETING
Duration / frequency: One hour daily
Participants: All residents, Counselor
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. It is usually facilitated by any member of the
community. It is divided into two (2) parts namely: (1) public announcements and community concerns
and (2) community - spirit building or up rituals.
The first part of the meeting consists of public announcements regarding important activities or
businesses and other information that the community needs to know. It is a review of how the community
performed in the previous day and check on the behavior of erring members through the conduct of “pull
- ups “. A pull up is done as an expression of concern over the lapses of some members and encourage
ownership of mistakes on the violators. The pull - up is followed by affirmations of good deeds, display
of responsible concern towards peers or unselfish acts of some residents. This is to show that good deeds
are not left unnoticed and leave a feeling of self - worth to those concerned. The first part of the Morning
Meeting is a serious business where the members are expected to be formal in their demeanors. Rules are
set such as: no side talking, no cross legging, no laughing, hands on the laps and sit erect.
The Concept of the Day serves as a guide as to what direction the community is headed for the day. It is
elaborated by residents of the community to have a better understanding of the whole concept. The
concept of the day is preferably taken from the Unwritten Philosophies of TCMP.

The second part of the meeting consists of entertaining presentations to lighten up the mood and start the
day on a positive note. It somehow develops some talents and shed off inhibitions of participants.

PARTS OF THE MORNING MEETING


I. ANNOUNCEMENT / CONCERNS
a. Opening Prayer (Ecumenical)
b. Singing of the Philippine National Anthem (Flag must be displayed)
c. TC Philosophy (Adopted translation )
d. Announcements
 Staff (Director, Asst. Director , Counselor & other personnel )
 Residents ( Coordinators , Dept. Heads , Expediters )
 Report on Dorm Inspection by Chief Expediter
e. Community Concerns
 Pull – ups / elaboration
 Affirmations
f. Concept of the Day
g. Verse of the Day
II. UP – RITUALS
h. News casting (Local, Natl, International, Sports and Weather News)
i. Entertainment (Choose either Song, Dance, Skit, Humorous Story)
j. Community Singing (Any song that has relation to the Concept of the Day)
k. Greetings

Increasing in Severity Decrease in Frequency

Expulsion

General

Meeting

Learning Experience/ Bans

Figure 1. Hierarchy of Behavior Shaping Tools

HIERARCHY OF BEHAVIOR SHAPING TOOLS


Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice of more
adaptive behaviors within the social learning environment. The major tools of the BST, such as the Talk
To, Pull-up, Dealt With, Haircut, Learning, Experience, General Meeting and Expulsion were developed
as means to correct behaviors of the residents that violated the TC norms. Hierarchy of Behavior Shaping
Tools will serve as guide to determine which of the tools are appropriate to be used based on the severity
of the infraction or violations committed by the residents against the TC Rules as shown in Figure 1.
TALK TO
A ‘Talk To’ is an outright correction done by any member of the TC community to another
member who has done a minor infraction but us not aware of it. It is a friendly reminder/advice about an
unacceptable behavior and must be done privately. During a “Talk To”, the resident is made aware of
his/her negative behavior and the result it may have on others and the environment. The feedback given to
the resident who committed mistake is done in a positive way. This id to evoke awareness on the part of
the violators to avoid committing the same mistake and be given heavier sanctions if done in the future.
PULL-UP
A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the members
of the community are responsible to pull-up minor infractions done by peers. It courage’s honesty,
demeanor awareness and owing up to one’s mistakes. This is done when the violator is unknown and
must be validated first prior to bringing up in the Morning Meeting.
Pull-ups create a certain degree of dissonance on the guilty party whereby there is a strong
internal conflict whether to practice honesty or continue to live in a lie. When the resident is able to
overcome the impulse to lie and start practicing honesty, his commitment to live by the TC standards
increases.
The resident receiving the pull-up is expected to listen without saying a word, assume that it is
valid, quickly display the corrected behavior and express gratitude in receiving it. After one member did
the pull-up, other residents who want to show concern can make elaborations to give emphasis to the
infraction and concretize the admonitions that need to be relayed to the violator. Two to three elaboration
are ideal.
Too many elaborations are discouraged as they may take so much time. Focus should be given to
the behavior and not the person. It is meant to raise awareness and not to punish or embarrass the violator.
Personal attacks, shaming or the use of racist language are strictly forbidden during pull-ups. It should be
emphasized that pull-ups are done out of responsible love and concern to avoid creating negative feelings
during the process.
In a situation wherein no one stood and owned up a negative behavior raised in the pull-up, the
resident doing the Pull-Up will narrow down the Pull-Up to make it clear and specific, stating the place
and the time of the occurrence. In the event that nobody stood to won it up, the resident doing the Pull-Up
will instead ask the community to stand and there, he/she will deliver his pull-up addressing the entire
family believing that the violator is a responsibility of the whole family.
DEALT WITH
Dealt with is done when negative behavior or infractions to the House Rules/Norms are done for
the second time of same offense by a resident.
A panel of three (3) composed of a senior resident, peer and a friend tasked to deliver a serious
and stern reprimand to the subjected resident.
Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff
should monitor its conduct to ensure that the panel assigned to the task really acted appropriately. It is
done privately in a room or an area with no other else hearing the conversation.
HAIRCUT
Haircut is done when negative behaviors of infraction to the House Rules/Norms in same offense
are done for the third time or more or for first time grave offenses. It is a carefully planned and structured
verbal reprimand given by a staff with four other residents- Senior Resident, Peer, Big Brother, and
Department Head. The tone is more serious and can be loud, more harsh and exaggerated.
This is done to induce anxiety and eventually change the person’s behavior. Before the group
calls in the person they will discuss among themselves the order of speakers, how intense the haircut will
be and what sanctions will be given if any. The resident is called inside and waits until he asked to sit.
He will be asked if he knows the reason for his appearance. After the person’s response, he will
be asked to sit and remain silent to enable him/her absorb all the advices.
The haircut gives emphasis on the behavior of the resident and the severity of the haircut should
be appropriate to the gravity of the offense. Each member of panel is given ample time to express himself
without interruption from the other members. The staff or peer who booked the haircut should not be part
of the team so as to avoid bias or subjectivity. Before a resident be subjected to Haircut, his/her infraction
must be first investigated, discussed and decided by the Disciplinary Board (Book II, Rule 2, Section 4
of the BJMP Manual). Sanction/Learning Experience that has been decided upon by the Jail
Disciplinary Board and the TCMP staff will be imposed after the Haircut.
LEARNING EXPERIENCE
A Learning Experience (LE) is an action or activity given to a resident who was subjected to
Haircut or General Meeting who did an infraction to correct or modify a behavior. LE may be task-
oriented, written task or peer interactions. Since TCMP is educational rather than punitive in its approach
to behavioral change, the LE should be done in a way that would remind the person of the negative
attitude he has done without compromising his human dignity. The intent of the LE is not to stigmatize
the person but to motivate him to make restitutions for the wrong doings he committed and redeem
himself in the community.
The LE should be related to the infraction committed for him to focus on the behavior expected
of him in the community. It should not be given as a punishment but rather a motivation to develop more
positive attitude. This will develop a sense of responsibility on him while stressing his inadequacies. LE
should be realistic and humane. Putting a person on LE for more than one week may lessen the learning
objectives. Putting the person on LE for an extended period of time or sanctions that are far harsher than
the offense or may deny him basic necessities may border on abuse and violation of human rights.
Close supervision with clear goals increases the effectiveness of the sanction. Upon lifting the LE
after seven (7) days, he resident subjected to the tool will be accorded with a Senior Resident coming
from his/her Static Group who will provide guidance and continually monitors the performance in the
house of the former. The senior resident assigned will give a self-report after fifteen (15) days on how the
resident (who undergo LE) carried out his responsibilities after the LE and state therein the resident
condition whether he/she needs further supervision. The authority in giving LE lies in the Disciplinary
Board and TCMP staff.
Examples of LE
 If a resident has been missing out in his responsibility in the kitchen, he can be assigned
as in charge of cleaning the kitchen for a specific period of time.
 If a resident repeatedly leaves his bed in disarray, he can be asked to provide orientation
and supervision to new resident on how to keep their beds neat at all times.
Categories of Learning Experiences:
a. Task-Oriented LE

 Pots and Pans


 Grounds and Landscaping
 Cleaning and Maintenance
 Time keeping (wake-up calls, lights out calls)
b. Written tasks
 Composition of Essay
 Reproduction of TCMP Material
c. Peer Interaction
 Reading and Reporting topic
 Announcement (Morning meeting or House Meeting)
 Bans

BANS
Bans are sanctions to member who commit repeatedly infractions o violation to the
Cardinal Rules by prohibiting, disallowing or limiting an activity or affiliation to a group.
It somehow curtails some freedom of movement and association. This sanction cause’s
unpleasant feeling which people try to avoid hence may evoke behavioral changes in the future.
It must be applied consistently after the adverse behavior to emphasize the negative
consequences. Privileges limited should have impact but must not limit individual ability to meet
personal hygiene, nutritional and emotional needs. A resident subjected to Bans must be first
processed in a General Meeting called for the purpose.
Examples of Bans:
 Regulation of visiting privileges
 Banned from attending Entertainment and Recreational activities

GENERAL MEETING
A repeated breach to the Cardinal Rules necessitates a General Meeting. Such issues
should be discussed with the community to point out to the violator the negative effect the
behavior had on the community. Such offense include sexual acting-out with a fellow resident,
taking drugs and engaging in physical fight with another resident. Other facilities include
stealing or even smoking as part of the Cardinal Rules. These behavior pose a threat to the
community because they violate the established order and safety of the facility.
Procedure in a General Meeting
1. A General Meeting is called and led by a senior member of the staff, usually the Director of
the facility. The extent of the problem is assessed to determine who among the community
members are involved in the incident. Those guilty of the offense are asked to sit in a prospect
chair. This is to arouse anxiety and dissonance.
2. The director sets the tone of the meeting and leads the community in open expression of
opinions and feelings regarding the offense brought out into the community. He holds the
community accountable for the slip of its members as each is considered his ‘Brother’s Keeper’.
The Director opens the floor for feedbacks, inviting the community for self-reflection and
accountability.
3. As soon as the mood is set and the level of awareness of the community is raised, the leader
call for the violators to face the entire community. The leader encourages the community to
express their feelings about the offense committed by the violators.
4. After some members of the community have expressed their feelings, it is time for the
violators to account for what they did, share their deepest feelings and verbalize what they
learned from the mistake.
5. After the violators made their statement and offer commitments, the Director will mark the
closure of the issue and allow for processing of the events that transpired and provide appropriate
emotional support to the violators who have just been subjected to intense emotional experience.

EXPULSION
In extreme cases, when a resident is incorrigible and become a threat to the community
(instigator, initiator of jail disturbances), the Director with the recommendation of the
Disciplinary Board may transfer him/her to the nearest jail facility with an appropriate Court
Order.

PSYCHOLOGICAL AND EMOTIONAL ASPECT


INTRODUCTION
Residents who are detained are basically psychologically and emotionally challenged.
They share one thing in common, that is being incarcerated with uncertainties as to the outcome
of their individual cases. They feel isolated, helpless and at times hopeless brought about by
separation from their loved ones and society in general and all other issues that confront them
while incarcerated. Such emotional turmoil needs to be addressed to help them bounce back and
experience a life of normalcy despite their unique situation. The TCMP provides activities and
services that cater to this particular need. This topic tackles the discussion on the therapeutic
value of processing of feelings which does not only lie on how freely one expresses them but
more so on the person’s ability to identify, acknowledge, and express them appropriately.

COUNSELING

Counseling is defined as a professional activity of helping individuals, groups or communities


enhance or restore their capacity for psychological, emotional and social functioning and
creating an environment favorable for the attainment of these goals.

Psychosocial Skills and Characteristics of Counseling:

“Empathy is the ability to perceive the client’s feelings and to demonstrate accurate perception
of the client. It is merely “putting oneself in the client’s shoes”. When the client feels
understood, a sense of trust or “rapport” is developed. Rapport paves the way to a more
meaningful communication and may enable the client to understand and accept more of his or
her complexity of feelings.

“Warmth is also called “unconditional positive regard”. It involves accepting and caring about
the client as a person, regardless of any evaluation or prejudices on the client’s behavior or
thoughts. It is most often conveyed through our non-verbal behavior or bodily gestures.

“Respect is our belief in the client’s ability to make appropriate decisions and deal appropriately
with his or her life situation, when given a safe and supportive environment in which to do so. It
is often showed best by not offering advice or cheap comfort. The counselor shows his utmost
respect to the client by listening in silence and giving him the opportunity to design his own
solutions to the problem. A similar term for this is "empowerment" as the counselor likewise
demonstrates that he values the integrity of the client.
*Congruence or genuineness is being honest and authentic in dealing with the client. It is
showing real concern rather than focusing on techniques during sessions. It is also being aware
of the counselor's own unmet needs and how it may affect his relationship with the client.

*Confidentiality means that anything discussed during counseling sessions is held absolutely
private and not to be discussed anywhere. This contract should be held sacred so as to maintain
the client's trust and enable him to disclose sensitive matters to the counselor without fear of any
breach of confidentiality.

Pattern of Counseling Session:


1. Introduction: First 10 minutes
 Greet the client warmly.
 Smile and shake hands.
 Escort to the counseling room.
 Explain how the session is going to be to alleviate fears.
 This is the time to develop rapport.
 Assure client on confidentiality.

2. Information gathering: About 20 minutes


 Know the reason for consultation.
 Client can start anywhere.
 Counselor may take notes.
 Needs to do almost all of the talking.
 Counselor may ask open questions or use techniques like clarifying, rephrasing,
focusing, reflecting, reality testing, etc.

3. Discussion/ Counselor Input:


 Counselor tells the client what he thinks the client is saying.
 Counselor develops a list of concerns.
 Client would concur or not to the counselor’s Understanding.
 Prioritize problems and which one to work on first.
 Client will provide plans of action to work on Specific Problem.
 Counselor will assist in mapping out plans.

4. Conclusion:
 Motivate the client that “he can do it”. If not, he may need to be referred to a
Professional.
 Brief client on what to expect the next session (progress based on plan of action).
 End session on a positive note.
 Client should be able to list down things that he has to look forward to over the
next few days. If not, this is a red flag for suicide.

When to break Confidentiality?


1. Children are being neglected or abused
2. Appearance in court as a witness
3. Client expressed plan to commit suicide
4. Client expressed plan to harm others.

INITIAL INTERVIEW/ INTAKE INTERVIEW

TCMP participants in jail are unique as they are not necessarily drug users. TCMP is introduced
as a program for the development of inmates while they are awaiting trial. The intake interview
in the jail setting is done by a Counselor to newly admitted residents. The main purpose is to
elicit information about the resident and provide information about the program and what the
expectations are on both parties. Full and honest disclosure is expected on the resident to elicit
adequate and elaborate information and come up with the proper treatment plan.
Participants: Newly committed residents, Counselor
Duration: 1 hour
Procedure
1. After the booking procedure, the Counselor/WDO will conduct the initial intake
interview to the newly committed residents using the intake interview form.

This is done only in a designated area and one resident at a time.

ONE TO ONE COUNSELLING/INDIVIDUAL COUNSELING


Duration and Frequency: One to two hours per session/depending upon the needs as designed
by the counselor
Participants: Counselor and Resident
Procedure:
1. Individual counseling is a helping tool between the residents and counselor. Residents are
usually referred to the counselor as needed by peers or staff based on the residents'
behavior.
2. The counselor uses different techniques and methods in counseling.
3. The resident discusses different issues which causes his/her difficulties.
4. Follow-up sessions will be done depending upon the needs of the resident.
5. The length of the sessions will be determined by the progress of the resident.

GROUP COUNSELING

STATIC GROUPS
The Static Group is a permanent group of peers and leaders that meet regularly while the
residents are in treatment. It is a sort of "home" group who provides support for one another and
to the new members of the community. This is designed to provide a forum for self-expression
and disclosure. It is usually facilitated by senior members of the group. It focuses on group
relationship and patterns of behavior.

Duration/ Frequency: one hour/once a week


Participants: 10-15 residents, Counselor
Procedure:
1. Once a resident enters the jail, he/she is assigned to a particular Static group. It serves as
a permanent group that addresses the general issues in treatment.
2. It utilizes confrontation from peers to evoke changes in behavior though the group is
primarily supportive. The group provides immediate support to new members of the
community.
3. Each resident member is encouraged in expressing and disclosing personal issues and
concerns and receives feedbacks from the other members. Violence and threat of violence
are prohibited.
4. For each session the group may discuss any topic of desire Or may follow certain themes
for a more systematic flow of discussion.
5. 5. By using confrontation, identification, support, affirmation and giving feedback,
residents learn and practice the TC Norms and values.
6. The residents are oriented to new and positive coping styles which they can utilize to live
a new lifestyle and attain personal growth and better relationships.
7. When their emotional needs and problems are properly addressed, their positive
behaviors and attitudes emerge and they will eventually feel better about themselves.
8. Focuses on the issues of the “here and now”. Personal disclosure of the past is allowed if
it affects the present confidentiality is strictly observed.
9. The static group does away with negative socialization and employs positive re-
socialization through a caring relationship with peers,

PEER CONFRONTATION GROUP


The group participants in Peer Confrontation group are selected by the staff and group
according to peers like adult members will go with the same date of entry in the facility and same
goes with the middle and young members.
It is done in a more compassionate way where each resident try to help one another.
Participants confront each other on what they do for themselves while in the facility and ask how
they are coping with it.

Duration/ frequency: one hour/ twice a month


Participants: 10-15 residents, Coordinator
Procedure:
1. Participants will sit in a circle position.
2. Staff may sit just outside the circle or there may be no staff.
3. There is no particular order of speaking. It is conventional and free-wheeling.
4. Participants may start with a prayer.
5. Participants may then say “What do you say about me? Or Please give me a feedback on
my progress here “or how do you see me?
6. Any of the other participants may give an honest, straight forward feedback. Tone and
feeling should be proportionate to the issue.
7. Peer confrontation is done in a compassionate way where each resident try to help one
another and identify certain issues which could be a hindrance to his recovery.
8. At the end of the sharing, the resident is asked a commitment about issue that he feels
uncomfortable dealing with.

SECRETS
Secrets are a group activity where participants are given the opportunity to unload
emotional baggage and thus experience freedom from internal psychological conflicts:
It promotes trust among the participants knowing that each will reveal his utmost secrets
to the group. It also aims to deepen mutual respect among the participants.

Duration/ frequency: 1-2 hours/ once a month


Participants: Staff, 10-12 residents
Procedure:
1. Form a group of 10-12 residents, preferably of variedly different persons.
2. Each one is instructed to go to a place where they can be alone and free from distractions.
3. In a piece of paper, the resident will write a letter to himself about an event in his life
which he has been keeping as a deep secret because it has caused a lot of pain, guilt,
shame or anxiety.
4. The letter is written as if he is addressing it to somebody and could start as “Dear friend”.
He should not state his name or any name and place which could lead the group as to the
writer. He may write it in a way that would not give away any hint. This is done for 30
minute:
5. The group then converges and all the rolled letters will be placed in a bag. The residents
will be seated in a circle. The first one will be asked to pick up a letter and read it aloud
to everyone as if he is reading his own letter. The rest will provide advice, moral support,
motivation or encouragement to the reader. No criticisms or negative comments are
encouraged.
6. The facilitator admonishes the participants to refrain from curiously trying to find out the
owner of the letters. Everyone is likewise admonished to keep the discussions strictly
confidential.
7. After all the letters were read, the facilitator will do a brief processing focusing on the
feelings of the participants and how it affected each one of them. The group may choose
to pray as a closing ritual.
8. Before the group adjourns, the facilitators collects the letters and burn them in a clay bag
or garbage bin as a symbolic ritual of letting go of all the hurts and pains and not
allowing them to hinder their future growth.

ENCOUNTER GROUPS
The Encounter Group serves as a "safety valve" within the community which is usually
high pressured and structured it is a forum for members of the community to verbally express
pent-up or negative emotions within a structured and safe environment without resorting to
violence or aggression and without fear of reprisal There are strict behavioral norms and rules
observed during an encounter group such as no violence or threat of violence, no attack on
personal dignity, speak only for oneself and remain seated at all times. The language used in
expressing their feelings is seldom restricted though in the Filipino culture, use of foul language
is avoided to prevent harboring of negative feelings from the receiver. The primary goal of an
encounter group is to raise awareness of behaviors and explore the underlying feelings that led to
such negative emotions.

Duration/ frequency: 1-1 1/2 hours/ once or twice a week


Participants: Counselor, 2 co-facilitators, 8-10 residents
Procedure:
1. A resident may drop a slip on another resident stating his name, the name of the person
he is dropping a slip and the reason for dropping the slip. Only feelings of hurt, anger and
concern can be reasons for encounter.
2. The staff will choose his co-facilitators who are also staff members. Once he has
gathered 2 or 3 slips, he may schedule an encounter group.
3. The facilitator will arrange the group in a circle in such a way that the two parties
involved are seated opposite each other. The facilitator should be able to guide the flow
of conversation and should be skilled enough to interrupt anytime he feels that the safety
of the group is being compromised.
4. The flow of the encounter should pass through the four (4) phases:

a.) Confrontation: This phase involves verbalization of concerns or honest disclosure of


emotions that has been provoked during interpersonal interactions with another resident.
Regardless of the cathartic nature of expression, the rules of the encounter group should always
be respected. The focus should always be about how one feels because of the behavior of the
other there should never be any attack on one’s persona but rather on his/her behavior. Each
should be allowed to express himself before a rebuttal is allowed. Name calling and other hostile
languages may not resolve the problem and may even heighten the animosity between both
parties. This phase consist mainly of exchange of verbal expressions of emotions as a way of
release.

b.) Exploration: In this phase, all the feelings that were expressed are further examined and
explored and find out how it could have resulted in such way in order to evoke awareness on the
connection of behavior, feelings and attitude. In this phase, blaming or finger pointing at one
party is avoided. It will only cause resentment form one party. This phase hopes to enhance the
insight of both parties and encourage ownership of one’s mistake and take accountability for
his/her actions. It gives both parties the opportunity to examine themselves in relation to their
conflict with the other party.

c.) Resolution and Commitment: After some realizations and attaining some insights into their
behaviors, the residents are now ready to move to the last phase to practice new behaviors. From
the feedbacks received, the resident involved will now express how he feels about the whole
thing and may own up his behavior which has caused the conflict. He then goes on to make
commitments to avoid such occurrence in the future. Such commitment made by the residents
will be monitored to make sure that they are being put to practice to avoid lapses.

D.) Socialization: This is a structured social event where all those involved in an encounter will
have ample time to mend fences with those they have offended or hurt in the past. The purpose is
to achieve closure, reaffirm relationship and maintain the unity of the community so that all
those involved can move on and leave the past behind.

EXTENDED GROUP
The Extended Groups (Probe, Marathon) are usually composed of 5-12 residents and is
being facilitated by 2 highly trained staff members.

It may last for 8-72 hours. The participants must have at least 4 months in the program
and have shown adequate stability before he can be included in the activity. It is a potentially
intimate and intense session which needs a significant amount of preparation. It focuses on the
“here and now” but allows a deeper exploration of issues that affects new behavior. Special
subjects may be the focus such as sexuality, trauma, etc.

SPECIALIZED GROUPS
LOSS AND BEREAVEMENT
Duration: one hour once a week
Participants: 10-15 residents
Procedure:
1. Facilitator is knowledgeable in conducting the sessions and managing the time.
2. The group is very supportive and compassionate.
3. Facilitator discusses the process of grieving and the impact of losses, mad feeling,
attitudes, and behavior derived from the loss of a loved one.
4. Counselor gives some suggestion on how they would handle the situation appropriately
when there was another similar situation.
5. At the least sessions, each participant was required to write a letter to someone or a
buddy to tell about the past and what they will do in the future regarding losses.

WOMEN’S GROUP
Duration/Frequency: one hour once a week / might last for six sessions
Participants: 8-15 residents, Counselor
Procedure:
1. Held once a week and run by TC personnel. It provides an opportunity for all female
residents to share and discuss their feelings on women’s issues: family, relationship, self-
identity, self-image, societal role and reproductive issues.
2. Issues to be tackled are gender specific problems and aims to help female residents
identify their challenges and needs.
3. Residents are helped to explore and understand the relationship between women’s issues
and their influences on them. It enhances self-understanding among women.
4. They can also help each other through mutual support and concern.

MEN’S GROUP
Duration/Frequency: one hour once a week
Participants: 8-15 residents, Counselor
Procedure:
1. Topics include expression of feeling, reveal of true self, dealing with the feeling and how
to avoid abusive relationship, family conflicts, sexuality and sexual relationships.
2. Group sessions enabled each of them to identify, express the feeling related to the trauma
and lessons learned from those experiences.
3. The counselor who raised the issue will be the one to conduct it.

MEDICATION SUPPORT GROUP


Duration/Frequency: as long as the residents are on medication
Participants: Residents on medications and Jail health personnel
Procedure:
1. Counselor holds the group once a week who are on medical and psychiatric medication.
2. Group members are educated on different kind of medical and psychiatric problems and
its effects.
3. Sharing on the intake of medicines and its side effects of taking it.
4. Cohesiveness is enhanced.
5. Share and discuss how to face their difficulties, coping with the disease and problems
encountered while they are on medications.
ANGER MANAGEMENT
Duration/Frequency: 1 ½ hours for 6 weeks/as needed/curriculum-based
Participants: 10-15 residents
Procedure:
1. Facilitated by a counselor.
2. Questionnaires are provided to the residents to answer how they are demonstrated they
anger before they came for treatment and while in the facility and how they go through it.
3. Participants are selected based on interview and attitude showed while in treatment.
4. The group is an avenue for the residents to know their anger feelings and acquire new
knowledge and information on how to deal with their feelings on different situation and
personalities.

PRE-RELEASE INTERVIEW
Participants: Resident/s to be released from jail, IWDO, Admin and OD
Duration: one hour
Procedure:
1. IWDO should coordinate with the Paralegal Officer to monitor the status of the case of
the residents.
2. If possible, immediate member of the family is/are present before the residents will be
released from jail.
3. Do a pre-release interview to conduct an assessment of the resident’s potentials and map
out plans after his release from jail.
4. IWD should coordinate with service providers for his/her referral for aftercare.

INTELLECTUAL AND SPIRITUAL COMPONENTS


INTRODUCTION
Can spirituality and intellect go together? Is spirituality and intelligence at odds with each
other?
Intelligence and spirituality ultimately follow the same path. By embracing intellect to its
fullest extent, one will eventually arrive at a sense of spirituality. Our actions are governed by
intelligence; we achieve the best results when we make the most intelligent decisions. But if we
go home, meditate, and begin asking questions like, “What is the purpose of my life?” we have
to load up a different set of rules. Now we’ve supposedly left the territory of the intellect and
entered the spiritual realm. We try to interact intelligently with our outer world and spiritually
with our inner world.

Spirituality in TC
Spirituality is ant action or activity that reflects or brings out the goodness in a man.
Spirituality in TCMP is designed to respond to the inner longing of residents to find greater faith
where they can anchor themselves within their struggle to find meaning to their existence.
It summarizes a man’s relationship with himself, others and the Supreme Being. The
spiritual component provides the residents with activities that would help them explore the
meaning and purpose of their existence and their particular place in the world.
Intellectual Component
The intellectual component on the other hand responds to the natural human
characteristics of yearning for knowledge in order to attain a higher level of understanding.
A well-structured and well-implemented intellectual component is a factor in establishing
a Therapeutic community for the residents. It helps the residents restore their self-esteem as their
minds become open to ideas and their intellect does not cease to feed on a free and open
interchange of opinions.
Providing worthwhile opportunities for learning/education will facilitate regaining their
human quality and self-respect thereby making self-realization – that being law-abiding and
productive, both during their stay in the facility and their eventual release in the society’s
mainstream is the real essence and measure of development.
Procedure:
1. Select a topic related to expertise of the speaker/lecturer beneficial to the residents.
2. Schedule the activity.
3. Preparation Phase.
4. Seminar Proper.

THE TC PHILOSOPHY
The TC philosophy is recited daily during the Morning Meeting. It embodies all the
challenges and aspirations of most residents who feel alienated and the desire to overcome the
imposed limitations on their freedom and find their own place where they could feel safe and
welcome. It acknowledges the importance of fellowship in shaping one’s behavior and
motivating one’s fortitude of helping himself and others. It likewise serves as his anchor in times
of emotional turmoil which he can always go back to and reflect. It forms emotional binding
among the participants knowing that they are grounded on the same philosophy.
1. Surrender
“I am here because there is no refuge, finally from myself”
I am where I am right now because I admit that something went wrong with my life that I have
no control over. I admit that is need the help of the Higher Power and of others to bring positive
change in my life.
2. Self-disclosure
“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 neither know
myself or any other: I will be alone”
I now know that unless I come out in the open and admit my mistakes, I will forever be running
from them. I need to disclose my deepest secrets to my peers so that I can find the right ways of
dealing with them.
By opening myself up for others to see through me, I will be free from my own demons and let
others guide and help me through my ordeals. Nobody can help me unless I let them know my
woes and let them understand that like them, I also need help.
3. Reflection
“Where else but in our common grounds can I find such a mirror?”
There is no better place to disclose my feelings than in a place full of people with similar
experiences where I feel safe and free from prejudices. People are here for different reasons but
with a common problem. It is easy to identify with somebody who is going through the same
experience as me.

1. Self-realization
“Here together, I can appear clearly to myself, not as the giant of my dreams not the dwarf
of my fears, but as a persons, part of the whole with my share in its purpose”
When I start to understand myself better, I began to realize how all my negative behaviors came
to be. It is easier to deal with something when we understand its roots. I will learn not to look at
myself as too big or too small to handle all my worries. I will learn that I will deal with them as a
person among others who are united together to help each other by relating our similar attitudes
and behaviors.
2. Growth
“In this ground, I can take root and grow”
I realize that this environment can help me overcome my mistakes and start a new life. I can
anchor myself in this community to foster permanent change.
3. Self-worth
“Not alone anymore as in death, but alive to myself and to others”
I begin to believe in my ability to overcome all my challenges and give out all my best for myself and
others. I also believe in my ability to be of help to others who are in similar situation.

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