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FORBES COLLEGE INC.
Legazpi City
COLLEGE OF CRIMINAL JUSTICE EDUCATION
THERAPEUTIC
MODALITIES
(CA 3)
Description of the Course:

This course covers the different therapeutic modalities, treatment
models, treatment programs, and policy or program intervention for both in
Institutional and
non-institutional corrections. The forging of partnerships, involvement and
engagement of Government Agencies, Religious Sector, Private Foundations,
1 |C o m p i l e d b y : E I L E E N R O S E N . A V I L A , M S C J ( C A R )
Institutions and Non-Governmental Organizations focused on the
Detainee’s/Inmate’s/Person Deprived Liberty’s total welfare and well-being.
General Objectives:
At the end of the chapter the students are expected to:
1. Encourage research and inquiry on the nature, causes, treatment or

punishment of criminal behaviour and how criminal agencies function
and respond to crime, criminals and victims.
2. Prepare the students for careers in crime prevention, law enforcement,

scientific crime prevention, correctional administration, public safety
and allied fields.
3. Foster the values of leadership, integrity, accountability and

responsibility while serving their fellowmen, community and country.
CHAPTER 1
REVIEW ON THE RELEVANT TOPICS IN INSTITUTIONAL

CORRECTIONS AND NON-INSTITUTIONAL CORRECTIONS
Corrections in Philippine Setting
CORRECTIONS – is the fourth pillar of the Criminal Justice System

composed of two major and equally significant components:
1. Institution-Based Corrections (Institutional Corrections); and

2. Community-Based Corrections (Non-Institutional Corrections).
The three executive departments of the government. (Implementation)
A. DOJ – manages the national prisoners
A. Bureau of Corrections (BUCOR) – with a principal task of the

rehabilitation of prisoners so they can become useful members
of society upon completion of their service of sentence.
B. Board of Pardons and Parole (BPP) – recommends to the

President the prisoners who are qualified for parole, pardon or
other forms of executive clemency in the form of reprieve,
commutation of sentence, conditional pardon and absolute
pardon.
C. Parole and Probation Administration (PPA) – conducts post-

sentence investigation of petitioners for probation as referred by
the courts, as well as pre-parole/pre-executive clemency
investigation to determine the suitability of the offender to be
reintegrated in the community instead of serving their sentence
inside an institution or prison; exercise general supervision over
all parolees and probationers and promotes the correction and
rehabilitation of offenders outside the prison institution.
B. DILG – manages inmates who are undergoing investigation, awaiting
or undergoing trial, awaiting final judgment and those who are
convicted by imprisonment of up to three (3) years.
A. Bureau of Jail Management and Penology (BJMP) has

jurisdiction over all municipal, city and district jail national
wide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention

facilities in its different police stations nationwide.
C. DSWD – manages sentenced youth offenders.
PHILIPPINE PRISON SYSTEM
1. Bureau of Corrections – under the administration of Department of

Justice
- It was renamed from Bureau of Prisons by Executive Order 292

passed during the Aquino administration. It states that the head of
the Bureau of Correction is the Director of Prisons who is appointed
by the President of Philippines with the confirmation of the
Commission on Appointment.
National Prison/Insular Prison
1. Bureau of Prisons/Corrections – Muntinlupa City
a. NBP – Maximum Security Prison

b. Camp Sampaguita – Medium Security Prison
c. Camp Bukang Liwayway – Minimum Security Prison
2. Reception and Diagnostic Center (RDC)
3. Correctional Institution for Women (CIW) – Mandaluyong City
4. Penal Colonies:
a. Iwahig Prison and Penal farm in Palawan
b. Davao Prison and Penal farm in Davao del Norte
c. San Ramon Prison and Penal Farm in Zamboanga City
d. Sablayan Prison and Penal Farm in Occidental Mindoro.
e. Leyte Regional Prison in Abuyog Leyte.
CHAPTER 2
STANDARD ON TREATMENT AND REHABILITATION OF

PRISONERS/INMATE/PDL
A. Safety and Orderly
Security – it involves safety measures to maintain the orderliness and

discipline within the jail or prison.
Prison Discipline – It is the state of good order and behavior. It

includes maintenance of good standards of works, sanitation, safety,
educational, health and recreation. It aims at self-reliance, self-control, self-
respect and self-discipline.
Preventive Discipline – is the prompt correction of minor deviations

committed by prisoners before they become serious violations.
Control – It involves supervision of prisoners to ensure punctual and

orderly movement from one place work program or assignment to another.
Aims of Institutional Security and Control
1. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order
Essential Requisites for Sound Custody, Security and Control
1. Adequate system of classification of prisoners

2. Regular inspections
3. Adequate system of counting
4. Set of rules of control and safety precautions
5. Plan for the control of contraband and equipment’s
6. Keying system
7. Emergency plans
Custody – is the guarding or penal safekeeping, it involves security measures

to ensure security and control within the prison. The Prison Custodial Division
carries it out. The Prison Custodial Division is charged of all matters
pertaining to the custody of the Prisoners and security of the institution.
Disciplinary Board
The board is tasked to implement discipline inside the jails just in case
there are violation of existing rules and policies.
COMPOSITION:
✓ Chairman – assistant warden

✓ Members – chief security officer, medical/ public health officer,
social worker / rehabilitation officer
Functions of the Disciplinary Board
The Warder tasks the Board to investigate the facts regarding the
alleged misconduct referred to it. It holds sessions as often as necessary
misconduct referred to it. It holds sessions as often as necessary in a room that
may be provided for the purpose. All cases referred to it must be heard and
decided within 48 hours from the date of the receipt of the case.
The board is tasked to investigate the facts of the alleged misconduct
referred to it by the warden:
Authorized Disciplinary Penalties:
✓ Reprimand
✓ Temporary or permanent cancellation of some or all recreational
privileges
✓ Cancellation of visiting privileges
✓ Extra fatigue duty for sentenced inmates only
✓ Closed confinement
✓ Transfer to another facility with court coordination
Limitation of Punishment
✓ No female inmate is subjected to any disciplinary punishment which

might affect her unborn or nursing child
✓ No impaired or handicapped inmates shall be meted out with
punishment corporal and inhuman punishment is prohibited
✓ Medical examination is required when solitary or extra fatigue
punishment is imposed
✓ Jail physician may recommend termination of punishment on grounds
of physical or mental health
Procedure in Hearing Disciplinary Cases
✓ The aggrieved inmate shall inform any member of the custodial force
of the violation, the letter in turn, officially report the matter to the desk
officer. If one of the employees knows of the violation committed by
the inmate, a brief description of the circumstances surrounding or
leading to the reported violation and all facts relative to the case shall
be made.
✓ The desk officer shall simultaneously inform the warden station/
substation commander, as the case may be and shall immediately cause
the investigation.
✓ He shall submit to the warden his report together with his
recommendations.
✓ The warden shall evaluate the report and if he believes that there is no
sufficient evidence to support the alleged violation, he shall dismiss the
case. If he believes there exist sufficient evidence, he shall decide the
case and impose the necessary penalty in case of minor violation. If the
case is less grave or grave, he shall endorse it to the board for hearing
or decide it himself as a summary disciplinary officer if there is no
disciplinary board.
✓ The inmate shall be confronted to the reported violation and ask how
he pleads to the charge. If he admit the violation or pleads guilty, the
board shall impose the corresponding punishment.
✓ If the inmate denies the charge, the hearing shall commence with the
presentation of evidence and other witnesses by the desk officer. The
inmate shall then be given the opportunity to defend himself by his
testimony and those of his witness, if any, and to present other
evidences to prove his innocence.
✓ After the hearing, the board shall decide the case on the merits.
✓ Whether the inmate is found guilty or not, he should be advised to obey
the rules and regulations strictly and reminded that the good behavior
is indispensable for his early release and or the granting of privileges.
✓ Decision of the board/ summary disciplinary officer is subject to the
review and approval by the warden and / or the higher authority. The
inmate may request a review and approval by the and/ or the higher
authority. The inmate may request a review on the findings of the board
and the propriety of the penalty to the central office, BJMP decision
shall be final.
Punishable Acts inside the Jail:
Minor Offenses:
✓ selling or bartering with fellow inmates items not classified as
contraband.
✓ rendering personal services to fellow inmates.
✓ Untidy or dirty in his personal appearance.
✓ Littering or failing to maintain cleanliness and orderliness in his quarter
and/ or surroundings.
✓ Making frivolous or groundless complaints
✓ Taking the cudgels or reporting complaints
✓ Late reporting to duty without jurisdiction reason; and
✓ Willful waste of food.
Less Grave Offense:
✓ Failure to report for work detail without sufficient justification.
✓ Failure to render assistance to an injured personnel or inmates.
✓ Failure to assist in the putting out of fire inside the jail.
✓ Acting boisterously during religious, social and other groups function.
✓ Swearing, cursing or using profane language directed personally
toward other person.
✓ Malingering or reporting as sick to escape work assignment.
✓ Spreading rumors or maliciously intriguing against honor of any
persons, particularly members of the custodial force.
✓ Failing to stand at attention and give due respect when confronted by
or reporting to any officers or member of the custodial force.
✓ Forcing fellow inmate to render services to himself and/ or others
✓ Exchanging uniform or wearing clothes other than those issued to him
the purposes of circumventing jail rules.
✓ Loitering or being in an unauthorized place.
✓ Using the telephone without authority
✓ Writing, defacing or drawing on walls, floor or any equipment.
✓ Withholding information which is inimical and prejudicial to the jail
administration.
✓ Possession of lewd or pornographic literature and photographs.
✓ Absence from cell, brigade, place of work during head count or at any
time without justifiable reason; and
✓ Failing to turn over any implements/ article issued after the details.
✓ Committing any act prejudicial to or which is necessary to good order
and discipline.
Grave Offense:
✓ Making untruthful statement or lies in official communication,
transaction, or investigation.
✓ Keeping or concealing keys or locks of places in the jail where it is off
limits to offender.
✓ Giving gift, selling to, or bartering with jail personnel
✓ Keeping in his possession money, jewelry or other contraband which
the rules prohibit.
✓ Tattooing others or allowing himself to be tattooed, or keeping any
paraphernalia for tattooing.
✓ Forcibly taking or extracting money from fellow inmates.
✓ Punishing or inflicting injury upon himself or other inmates.
✓ Receiving, keeping, taking or imbedding liquor and other prohibited
drugs.
✓ Making, improvising or keeping any kind of deadly weapon.
✓ Concealing or withholding information on plans of attempted escape.
✓ Unruly conduct and behavior and flagrant of discipline and instructions.
✓ Helping, adding or abetting others to escape.
✓ Fighting causing any disturbance or participating there in and/ or
agitating to cause such disturbance or riot; and
✓ Indecent, immoral or lascivious acts which by himself or other and/ or
allowing to be subject of such indecent, immoral or lascivious acts.
Punishable Acts inside Jail:

✓ Willful disobedience to lawful orders issued by an officer or member
of the custodial forces.
✓ Assaulting any officer or member of the custodial force.
✓ Damaging any government property or equipment issued to the
inmates.
✓ Participating in any kangaroo court, unauthorized or irregular court
conducted with disregard for or perversion of legal proceeding of a
mock court by offender in jail/ prison.
✓ Affiliating oneself to any gangs or faction whose main purpose is to
ferment regionalism or to segregate them from others.
✓ Failing to inform the authorities concerned when afflicted with any
communicable disease like VD, etc.
✓ Committing any act, which is in violation of any ordinance, in which
case he shall separately be prosecuted criminally in accordance with
law.
Plan for Escapes or Jailbreaks

The following are the basic guidelines in dealing with jailbreaks:
✓ The control center shall immediately sound the alarm and inform the
warden in case of escape.
✓ At the first sound of the alarm, the inmates shall be locked in their
respective cells.
✓ All the first personnel, custodial and non-custodial force shall make
themselves available for deployment.
✓ Personnel who have inmates under their care shall remain on duty; take
their accounting at the time of the emergency.
✓ A simultaneous institution-wide count shall be made to determine the
numbers of inmates who escaped identities established.
✓ As soon as the identities of the escapees are established, it shall be
published and all police precincts be immediately notified.
✓ Radio and television stations should be immediately notified.
✓ Recovery teams shall be sent out to all known liars, hangouts.
✓ In case of mass jailbreaks, all the members of the custodial force shall
issued firearms and resigned to critical post to block the escape routes.
✓ If an officer is held hostage, reasonable caution should be made to
ensure his/ her safety.
✓ If the warden is held hostage, for all intents and purposes he ceases to
exercise authority and the next in command shall take the action.
✓ Maximum force shall be deployed for escapes found holding on in an
area to pressure them to surrender and avert their movements and an
investigation shall commence thereafter.
Commitment and Classification of Prisoners and Detainees

A person can be committed to jail only upon the issuance of an
appropriate order by a competent court or authority so mandated under
Philippine laws. This Rule enumerates courts and authorities, and classifies
inmates according to the conditions for their commitment.
Commitment – means entrusting for the confinement of an inmate to a jail
by a competent court or authority, for the purposes of safekeeping during the
pendency of his/her case.
Courts and other Entities Authorized to Commit a Person to Jail – The
following (courts and entities) are authorized to commit a person to jail:
a. Supreme Cort;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest
and commit a person to jail.
Classification – refers to assigning or to grouping of inmates according to

their respective penalty, gender, age, nationality, health, criminal records, etc.
Categories of inmates
The two (2) general categories of inmates are:
a. Prisoner – inmate who is convicted by final judgment; and
b. Detainee – inmate who is undergoing investigation/trial or awaiting
final judgment.
Classification of prisoners
The four (4) main classes of prisoners are:
a. Insular Prisoner – one who is sentenced to a prison term of three (3)
years and one (1) day to reclusion perpetua or life imprisonment;
b. Provincial Prisoner – is sentenced to a prison term of six (6) months
and one (1) day to three (3) years;
c. City Prisoner – one who is sentenced to a prison term of one (1) day
to three (3) years; and
d. Municipal Prisoner – one who is sentenced to a prison term of one (1)
day to six (6) months.
Classification of detainees
The three (3) classes of detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
Inmates Security Classification
The following are the classifications of inmates according to security risk each
may pose:
a. High Profile Inmate – those who require increased security based on
intense media coverage or public concern as a result of their offense
such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent
for being a politician, government official, multi-million entrepreneur,
religious or cause-oriented group leader and movie or television
personality.
b. High Risk Inmate – those who are considered highly dangerous and
who require a greater degree of security, control and supervision
because of their deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence inside the jail. This
includes those charged with heinous crimes such as murder, kidnapping
for ransom, economic sabotage, syndicated or organized crimes, etc.
Also included are inmates with military or police trainings or those
whose life is in danger or under imminent threat.
c. High Value Target (HVT) – a target, either a resource or a person,

who may either be an enemy combatant, high ranking official or a
civilian in danger of capture or death, typically in possession of critical
intelligence, data, or authority marked as an objective for a mission and
which a commander requires for the successful completion of the same.
d. Security Threat Group – any formal or informal ongoing inmates’

group, gang, organization or association consisting of three or more
members falling into one of the following basic categories: street gangs,
prison gangs, outlaw gangs, traditional organized crime, aboriginal
gangs, subversive groups and terrorist organizations.
e. Subversive Group – a group of persons that adopts or advocates

subversive principles or policies tending to overthrow or undermine an
established government.
f. Terrorist Group – a group of persons that commits any of the
following: piracy and mutiny in the high seas or in the Philippine
waters, rebellion or insurrection, coup d’état, murder, kidnapping and
serious illegal detention, crimes involving destruction, arson, hijacking,
violation of laws on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-piracy and
antihighway robbery, illegal and unlawful possession, manufacture,
dealing in, acquisition or disposition of firearms, ammunitions or
explosives.
g. Violent Extremist Offender (VEO) – a person whose political or

religious ideologies are considered far outside the mainstream attitudes
of the society or who violates common moral standards and who has
adopted an increasingly extreme ideals and aspirations resorting to the
employment of violence in the furtherance of his/her beliefs.
h. Medium Risk Inmates – those who represent a moderate risk to the

public and staff. These inmates still require greater security, control and
supervision as they might escape from and might commit violence
inside the jail.
i. Minimum Risk Inmates (Ordinary Inmates) – those inmates who

have lesser tendencies to commit offenses and generally pose the least
risk to public safety. In most cases, they may be first time offenders and
are charged with light offenses.
CHAPTER 3
PDLS ADMISSION PROCESS AND PROCEDURES IN THE BJMP,
PROVINCIAL JAILS & BUCOR
The Classification Movement

The reorganization or the federal prison system in 1930, stared the
movement for modern correctional reforms. The most recent developments in
individualization of treatment and training of prisoners. State correctional
system have adopted California’s system of diversification by institution and
diversification within the institution in the year 1944. Today, no prison system
which has effectively without these programs. Through such reorganization
the Reception and Guidance Center was established. It’s a new type of
institution for the study of the prisoner and preparation of his treatment and
training program in prison.
Classification and Diversification the Difference

CLASSIFICATION DIVERSIFICATION
Is the placing of prisoners into types Is an administrative device of
or categories for the implementation correctional institutions of providing
of the best treatment programs. It is varied and flexible types of physical
a method by which diagnostic plants for more effective control of
treatment planning and execution of the treatment programs of its
treatment programs are coordinated diversified population. It is the
in individual cases. separation of different types of
inmates for sound execution of their
treatment and custody.
The Classification Process

The rehabilitation program of the prisoner is carried through process of
classification is more than placing prisoners into types or categories it is a
method by which diagnosis, treatment and planning and execution of
treatment program are coordinated in the individual care.
Objectives of Classification Process

The objectives of classification are the development of an integrated
and realistic programs of the prisoner arrived at through the coordination of
diagnosis, planning and treatments activities and an informed continuity of
these activities from arrival to release of the prisoner.
The Three Phases of Classification
1. Diagnosis – this done inside the reception center in which the inmates
will undergo series of test, e.g. physical, mental and medical
examination in other to determine the inmates condition.
2. Treatment Planning – this will take place in the reception center,

which is a special unit from the prisoner or in the classification clinic
of the prison. (After the staff interview and staff conference is done, it
will be then part of the admission summary)
3. Execution of the Treatment Program – this will take place in the

operating institution or prison.
Admission Procedure in Prison

✓ Receiving – prisoners from city or provincial jails where transferred in
the national prison after conviction by final judgment if the penalty is
more than three years. The prisoners are received at the Reception and
Diagnostic Center for examinations.
✓ Checking – this include the checking of papers and other documents of

prisoner by the prison administrator, such as travel document or
commitment order issued by judge.
✓ Identification – proper identification of prisoner is done through his

picture and fingerprint.
✓ Searching – this involves frisking and searching hidden dangerous

things or weapons and other contraband.
✓ Orientation – this is the reading of rules and regulations of the prisons.
✓ Assignment – prisoner is sending to quarantine unit for a period of

seven to ten days.
Classification of Inmates as to Entitlement of Privileges
✓ Detainee;
✓ Third Class inmate – one who has either been previously committed
for three (3) or more times as a sentenced inmate, except those
imprisoned for non-payment of a fine and those who had been reduced
from a higher class;
✓ Second Class inmate – a newly arrived inmate; an inmate demoted
from first class; or one promoted from the third class;
✓ First Class inmate – one whose known character and credit for work
while in detention earned assignment to this class upon commencement
of sentence; or one who has been promoted from the second class.
✓ Colonist.
Qualifications of a Colonist
✓ be at least a first class inmate and has served one (1) year immediately
preceding the completion of the period specified in the following
qualifications;
✓ has served imprisonment with good conduct for a period equivalent to
one fifth (1/5) of the maximum term of his prison sentence, or seven (7)
years in the case of a life sentence.
Privileges of a Colonist
✓ Credit of an additional GCTA of five (5) days for each calendar month
while he retains said classification aside from the regular GCTA
authorized under Article 97 of the RPC (not applicable under present
law);
✓ Automatic reduction of the life sentence imposed on the colonist to a
sentence of thirty (30) years;
✓ As a special reward to a deserving colonist, the issuance of a
reasonable amount of clothing
✓ and ordinarily household supplies from the government commissary in
addition to free subsistence; and
✓ To wear civilian clothes on such special occasions as may be
designated by the Superintendent.
Privilege of an Inmate in Visiting Relatives Who Died
✓ To view the remains of a deceased relative and all its supporting
documents shall be filed with the Superintendent at least two (2) days
before the enjoyment of the privilege sought.
✓ Inmate may be allowed more or less three (3) hours to view the
deceased relative in the place where the remains lie in state.
✓ The privilege may be enjoyed only if the deceased relative is in a place
within a radius of thirty (30) kilometers by road from the prison. Where
the distance is more than thirty (30) kilometers, the privilege may be
extended if the inmate can leave and return to his place of confident
during the daylight hours of the same day.
Time-Release Education
Thirty (30) days prior to his scheduled date of release, an inmate is
transferred to the Separation and Placement Center for the purposes of
reorientation with the ways of free society. Service of Non-Governmental
Organization and their religious sector are made possible to the offenders prior
to release from prison to assist in their reintegration to society.
Release
The authorities who approve the release of an inmate are:
a. The Directors of the Bureau of Corrections upon the expiration of the
sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases of
acquittal of the accused prisoner or grant of bail.
d. The President of the Philippines in cases of Executive Clemency or
Amnesty.
A release prisoner is supplied by the bureau with transportation fare to his

home plus gratuity of fifty pesos (P50.00) to cover the cost subsistence en
route, and suit of decent clothes.
The Difference between Prison and Jail
PRISON JAIL
a penitentiary, an institution for the a place of confinement for those who
imprisonment of persons convicted are awaiting for trial or are those
of major/serious crimes. serving short sentences.
a place of confinement for those who primarily adult penal institution used
are serving more than 3 years of for the detention of law violators,
imprisonment. which is administered by a province,
city and municipality.
is a confinement facility having

custodial authority over an The word Jail derived or originated
individual sentenced by a court to from the Spanish word “Caula or
imprisonment, which is administered Jaula”, meaning cage.
by a national government.
The word Prison derived or

originated from the Greco-Roman
“Presidio”.
Lock Up Jail
This is a security facility, usually operated by the police department,
for the temporary detention of persons held for investigation or awaiting trial.
Creation of Provincial Jail (Administered and Management by

Provincial Government)
SECTION 468. (4) (vii) Establish and provide the maintenance and
improvement of jails and detention centers, institute a sound jail management
program, and appropriate funds for the subsistence of detainees and convicted
prisoners in the province; R.A. 7160
The Provincial Jail
The Provincial Jail System was first established in 1910 under the
American regime. Each of the seventy-six (76) provinces has a Provincial Jail
is headed by a Provincial Jail Warden which is appointed by the Provincial
Governor, as well as provincial jail guards with conformity with the Civil
Service Law. The DILG serves as the supervising agency in every Provincial
Jail.
The management of our Provincial Jails and its program of
rehabilitation are dependent upon the Provincial Warden and the provincial
government. Most of the Provincial Jails today are faced with the congestion
problem and funds. Today, there are twenty-one (21) provincial government
that have constructed their respective sub-provincial jails to house prisoners
whose prison terms range from six (6) months and one (1) day to three (3)
years. There are now a total of 812 (as of 1993) offenders confined in these
jails, which is being handled by 203 jails guards and personnel. The seventy-
six (76) Provincial Jails have confined 9,865 (as of 1993) offenders and still
growing. These offenders are being provided with 2,439 provincial guards’
task to secure and provide reformation unto them.
Who is a Prisoner?
✓ a prisoner is a person who is under the custody of lawful authority.
✓ any person detained/confined in jail or prison for the commission of a
criminal offense or convicted and serving in a penal institution.
✓ a person committed to jail or prison by a competent authority for any
of the following reasons: to serve sentence after conviction, trial or
investigation.
General Classification of Prisoners

✓ Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They
are prisoners under the jurisdiction of courts.
✓ Sentenced Prisoners
offenders who are committed to jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners under
the jurisdiction of penal institutions.
✓ Prisoners who are on safekeeping
includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior.
Classification of Sentenced Prisoner (P.D. 29)

✓ Insular or National Prisoners
sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
✓ Provincial Prisoners
sentenced to suffer a term imprisonment from 6 months and 1 day to 3
years or a fine not more than 1, 000.00 pesos or both.
✓ City Prisoners
those sentenced to suffer a term of imprisonment from 1 day to 3 years or
a fine of not more than 1,000.00 pesos or both.
✓ Municipal Prisoners
those confined in Municipal jails to serve an imprisonment from 1 day to
6 months.
Classification of Detainees
The three (3) types of detainees are those:
✓ Undergoing investigation;
✓ Awaiting or undergoing trial; and
✓ Awaiting final judgment.
Guidelines in Reception and Admission Procedures in Jails
Step 1. Checking of Credentials by the Desk Officer:
Carefully Examines the Following Documents:
✓ Commitment Order/ Mittimus;
✓ Information;
✓ Medical Certificate
✓ Police Booking Sheet
Entries to be scrutinized in the documents:

✓ Name of Detainee /Prisoner;
✓ Branch of Court (RTC /MTCC /MTC /MCTC)
✓ Offense Charged
✓ Case Number
✓ Signature of the Judge/Medical Officer
✓ Official Seal
Step 2. Search of detainee/prisoner by the Searcher

✓ Strip Searching of Detainee/Prisoner;
✓ Taking all cash and other personal property from the inmate and issue
receipt;
✓ Turn-over all cash and valuables of the inmate to the Property
Custodian for safe keeping with official receipts.
Step 3. Physical examination/appraisal by the Jail Medical personnel

✓ Conduct a thorough medical examination of the inmate and check for
body vermin, cuts, bruises and other injuries and for needle marks to
determine if he/she is a drug dependent.
✓ Observe the mental alertness, overall appearance, physical
abnormalities, rashes, scratches or other identifying marks of the
inmate.
✓ Inmate found with contagious disease or with psychological problems
be immediately isolated/segregated from other inmates.
✓ A medical record is accomplished to include medical history (Vital
Signs: PB, Pulse Rate & Temperature)
✓ Compare the findings with the medical certificate Issued by the
Medico-legal Officer upon his entry in jail.
Step 4. Taking of fingerprints and photograph, accomplish a jail booking,

and complete the documents required in the Carpeta.
Accomplish the Following Documents:
✓ Fingerprint Specimen Sheet;
✓ Jail Booking Report/Sheet;
✓ Profile of Escapee;
✓ Security Risk Factor Scoring Card;
✓ Detainee’s Manifestation;
In addition to the above enumerated documents, the Carpeta should also
contain the following, to wit:
✓ Commitment Order / Mittimus;
✓ Complaint;
✓ Information;
✓ Pending Warrant;
✓ Subpoena;
✓ Decision/Judgment;
Step 5. Orientation of inmate to jail rules and policies and about Article
29 of the RPC/ R.A. 6127 (detainee’s manifestation) by the chief custodial
or the officer of the day.
Appraise the detainee, preferably in the dialect which he/she
understands, that under Article 29 of the Revised Penal Code, as amended by
R.A. 6127, that his her preventive imprisonment shall be credited in the
service of his/her sentence, consisting of deprivation of liberty for the whole
period he/she is detained if he/she agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted prisoners; Provided, that
he/she is not a recidivist, or has not been previously convicted twice or more
times of any crime; and when, upon being summoned for the execution of
his/her sentence, he/she surrendered voluntarily.
Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:
a. Chairman – Deputy Warden
b. Member – Chief, Custodial/Security Office
c. Member – Medical Officer/ Public Health Officer
d. Member – Jail Chaplain
e. Member – Inmates Welfare and development Officer
CHAPTER 4
Treatment Programs of Convicted Persons Placed under Non-
Institutional Correction Programs/Community Based Program
PROBATION
Probation – A term coined by John Augustus, from the Latin verb
"probare" – which means to prove or to test.
Probation is a procedure under which the court releases a defendant
found guilty of a crime without imprisonment subject to the condition
imposed by the court and subject to the supervision of the probation service.
Probation may be granted either through the withholding of sentence
(suspension of imposition of a sentence) or through imposition of sentence
and stay or suspension of its execution. The former generally considered more
desirable.
Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly
considered as an independent subject. It is only a phase of penology, and
therefore, it must be viewed in its relation to other aspects of the enforcement
of the criminal laws and its proper perspective. It is a part of an entire structure
and only a single feature of a well-rounded correctional process. Probation is
a form of treatment of the convicted offender. It is not a clemency, pity or
leniency to the offender, but rather a substitute for imprisonment. There are
some offenders who must go to prison for their own good and for the good of
the society because their presence in the community constitutes a threat to law
and order. Other less inured to crime can remain in the community after
conviction where they are given a chance to conform to the demands of the
care and supervision of his family physician in order that his sickness will not
become serious. Similarly, the probationer does not need to go to prison, but
he should remain under the supervision and guidance of his probation officer
in order that he will not become a more serious offender.
Probation is given in cases that the ends of justice do not require that
the offender go to prison. This is also when all the following circumstances
exist: that there is a strong likelihood that the defendant will reform; that there
is a little danger of seriously injuring or harming members of the society by
committing further crimes; that the crime he committed is not one that is
repugnant to society; that he has no previous record of conviction; and that
the deterrent effect of imprisonment on other criminals is nit required. The
person who is placed on probation is not a free man because he is required to
live within specified area. He is deprived of certain rights and privileges of
citizenship, but he retains some other rights and is entitled to the dignity of
man.
Purpose of Probation
The Wickersham Reports in 1931 (Report of the “National Commission
of Law Observance and Enforcement, “page 146 of Report No. 9) states the
purpose of probation as follows:
1. “Probation, like parole and imprisonment, has as its primary objective
the protection of society against crime. Its methods may differ, but its
broader purpose must be to serve the great end of all organized justice
– the protection of the community... probation is an extension of the
powers of the court over the future behavior and destiny of the
convicted person such as is not retained in other dispositions of criminal
case..
2. “ ... in probation ( there ) is the recognition that in certain types of

behavior problems which come before the courts confinement may be
both an unnecessary and an inadequate means of dealing with the
individuals involved; unnecessary because in that particular case the
end sought, i,e., the protection of society, may be achieved without the
cost of confinement, and inadequate because the prison sentence may
create difficulties and complications which will make more, rather than
less, doubtful the reinstatement of that particular individual as a law-
abiding citizen. “
Advantages of Probation
Probation is more advantageous than imprisonment. In probation, the
man is spared the degrading, embittering and disabling experience of
imprisonment that might only confirm them in criminal ways. On the other
hand, the offender can continue to work in his place of employment. Family
ties remain intact, thus preventing many a broken home. Also, probation is
less expensive which is only one tenth as costly as imprisonment. To the
extent that probation is being used today – about 60% of convicted offenders
are given probation – this type of sentencing therefore, will greatly relieve
prison congestion. Chief Justice Taft of the United States Supreme Court in a
case decided by that Court mentioned the purpose of the federal Probation Act
as follows:
“The great desideratum was the giving to young and new violators of
law a chance to reform and to escape the contaminating influence of
association with hardened or veteran criminals in the beginning of the
imprisonment... Probation is the attempted saving of a man who has taken one
wrong step and whom the judge think to be a brand who can be plucked from
the burning at the time of the imposition of the sentence. “
ADMINISTRATIVE ORGANIZATION OF PROBATION
During the early stages of probation the appointment of probation
officers and the administration of probation services were considered as court
functions. Later, probation service was provided to serve all courts within a
City or County such courts as juvenile, domestic, municipal and criminal. In
this type of probation service, the probation officers are appointed by the Civil
Service Bureau or Commission. In recent years there has been a trend toward
a state integrated probation and parole service for:
✓ Personality: He must be of such integrity, intelligence, and good

judgment as to command respect and public confidence; Because of the
importance-of his quasi-judicial functions, he: must possess the
equivalent personal qualifications of high judicial officer. He must be
forthright, courageous and independent. He should be appointed
without reference to creed, color, or political affiliation.
✓ Education: A board member should have an educational background

broad
enough to provide him with knowledge of those professions mostly closely
related to parole administration. Specifically, academic training which has
qualified the board member for professional practice in a field such as
criminology, education, psychiatry, psychology, social work and sociology is
desirable. It is essential that he have the capacity and desire to round out his
knowledge, as effective performance is dependent upon an understanding of
legal processes, the dynamics of human behavior, and cultural conditions
contributing to crime.
✓ Experience: He must have an intimate knowledge of common
situations and
problems confronting offenders. This might be obtained from a variety of
fields, such as probation, parole, the judiciary, law, social work, a correctional
institution, a delinquency preventive agency.
✓ Others: "He should not be an officer of a political party or seek or hold
elective office while a member of the board."
Extinction of Criminal Liability
The criminal liability of the person is extinguished into two instances
the partial and total extinction of the criminal liability of the convicted felon.
Total Extinction of Criminal Liability

1. By marriage of the offended woman
Marriage of the offender with the offended woman after the
commission o any of the crimes of rape, Seduction, Abduction, or Acts of
Lasciviousness must be contracted by the offender in good faith. The
marriage contracted only to avoid criminal liability is devoid or has no
legal effects and that the criminal liability of the offender is not extinguish.
2. By the death of the convict, as to the personal penalties; and as to
pecuniary penalties, liability thereof is extinguished only when the
death of the offender occurs before final judgment. If the offender died
before final judgment its pecuniary or civil liabilities is extinguished.
But, if the convict died after final judgment the pecuniary penalties or
civil liabilities is not extinguished. If the offended party died it does not
extinguished the civil and criminal liability of the offender due to the
reason that the offense is committed against the state.
3. By service of sentence
Crime is a debt by the offender as a consequence of his wrongful act
and the penalty is the amount of his debt. When the payment is made, the debt
is extinguished. After the convict has served its sentence its criminal liability
is extinguished but does not include the civil liability.
4. By amnesty, which completely extinguishes the penalty and all its

effects:
Amnesty defined. It is an act of the sovereign power granting oblivion
or a general pardon for a past offense. And is rarely, if ever, exercised in favor
of a single individual and is exerted in behalf of certain classes of persons;
who are subject to trial but have yet been convicted. However, amnesty maybe
granted after conviction. All its civil liabilities are being extinguished also.
5. By absolute Pardon
Absolute Pardon defined. It is an act grace proceeding from the power
entrusted with the execution of the laws, which exempts the individual on
whom it is bestowed from the punishment, the law inflicts for the crime he
has committed.
Pardon will only extinguished the punishment of crime upon
acceptance of the grantee. Once pardon is accepted by the grantee the pardon
already delivered cannot be revoked by the authority, which granted pardon.
As practiced in the Philippines, there are two kinds of pardons, namely,
the absolute and conditional pardons.
Absolute Pardon – is one, which is given without any condition attached to

it. The purposes of this kind of pardon are:
1. To do away with the miscarriage of justice - Under the present method
of judicial procedure justice is not guaranteed. It is possible to convict
innocent person, as it is possible for criminals to escape the hands of
justice. When an innocent convict has no more recourse through courts,
the remedy is absolute pardon. The power of the President to pardon
offenders on the grounds of innocence is rarely exercised because the
criminal procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature be given.
If so exercised, absolute pardon is granted after an exhaustive
investigation is conducted and upon recommendation of the Secretary
of Justice.
2. To keep punishment abreast with the current philosophy, concept or

practice of criminal justice administration – A criminal act, because of
changing scheme of social values, may become non-criminal at a later
date. Therefore, persons serving imprisonment at the time of the repeal
of the law abolishing the crime may be extended absolute pardon. For
example, a person serving imprisonment for black - marketing of
gasoline when this commodity was rationed may after the repeal of the
law on black-marketing be extended absolute pardon.
3. To restore full political and civil rights of persons who have already
served their sentence and have waited the prescribed period. The
greatest number of application for absolute pardon come from ex-
prisoners who desire to be restored their political and civil rights. In the
Philippines, the Office of the President laid down the policy to grant
absolute pardon to ex-prisoners ten years from the date of their release
from prison. Recently the policy was relaxed, thereby shortening the
waiting period of five years. The waiting period is required to give the
offender an opportunity to demonstrate that he has established a new
pattern of conduct.
Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office
or the right to suffrage, unless such rights are expressly restored by the terms
of pardon. A pardon does not exempt the offender from the payment of civil
indemnity imposed upon him by the sentence. Absolute pardon totally
extinguishes the criminal liability but not the right of the offended party to
enforce the civil liability against the offender.
In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid
down the doctrine that the absolute pardon removes all that is left of the
consequences of conviction, and that it is absolute in so far it restores the
pardonee to full civil and political rights.
In another case, the supreme Court reiterated the doctrine laid down on
the Cristobal vs. Labrador case and elucidated further that “an absolute pardon
not only blots out the crime but removes all disabilities resulting from the
conviction; and that when granted after the term of imprisonment has expired,
absolute pardon removes all that is left of the consequences of conviction.”
(Polobello vs. Palatino, 72 Phil.441)
Differences between Amnesty and Pardon
Pardon includes any crime and is exercised individually by the Chief
Executive, while amnesty is a blanket pardon granted to a group of prisoners,
generally political prisoners. Pardon is exercised when the person is already
convicted while amnesty may be given before trial or investigation is had.
In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, “pardon is granted by the Chief
Executive and such it is a private act which must be placed and proved by the
person pardoned, because the courts take no notice thereof; while amnesty is
by proclamation with concurrence of Congress, and it is a public act which
the courts should take judicial notice. Pardon is granted to one after
conviction, while amnesty is granted to classes of persons who may be guilty
of political offenses, generally before or after the institution of criminal
prosecution and sometimes after conviction”.
Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the
following:
1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10,

Par. 2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any
election law may be granted without favorable recommendation of the
Commission of Elections. “(Art. X, Soc. 2, Par. 2 Constitution of the
Philippines)”
3. Pardon is exercised only after conviction.
It is an elementary principle in political law that pardon can only be given

after final conviction. Cases pending trial or an appeal are still within the
exclusive jurisdiction of the courts hence, pursuant to the theory of separation
of powers, the Chief Executive has no jurisdiction over the accused.
Partial Extinction of Criminal Liability
Criminal liability is extinguished partially:
1. By conditional Pardon
A conditional pardon delivered and accepted is considered a
contract between the sovereign power of the executive and the convict that
the former will release the latter upon compliance with the condition.
2. By Commutation of Sentence
Commutation defined. Is an act of clemency by which an execute
act changes a heavier sentence to a less serious one or a longer term to a
shorter term.
It is a change of decision of the court, made by the Chief Executive

by reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment or the amount of the fine.
Purpose of Commutation of Sentence

a. to break the rigidity of the law;
b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.
Instances where commutation is provided by law:

1. When the convict who is sentenced to death is over 70 years of age;
2. When the justices of the Supreme Court fail to reach a decision for the
affirmation of the death penalty.
In either case, the degree of penalty is reduced from death to reclusion

perpetua. In commutation of sentence, consent of the offender is not
necessary. The public welfare not his consent determines what shall be done.
3. By Good Conduct Time Allowance (RA 10592)

The conduct of any prisoner in any penal constitution shall entitle him
to the following deductions from the period of his sentence;
✓ First two years of imprisonment – twenty (20) days of allowed

deduction for each month of good behavior;
✓ Third of fifth year – twenty three (23) days allowed deduction of each
of good behavior;
✓ Sixth to the tenth year – twenty five (25) days allowed deduction for
each month of good behavior;
✓ Eleventh and success years – thirty (30) days allowed deduction for
each month of good behavior.
✓ At any time during the period of imprisonment, he shall be allowed
another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
✓ Remember: An appeal by the accused shall not deprive him of

entitlement to the above allowances for good conduct.
Special Time Allowance (RA 10592)

✓ Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having
evaded his preventive imprisonment or the service of his sentence under
the circumstances mentioned in Article 158 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or
catastrophe referred to in said article.
✓ A deduction of two-fifths of the period of his sentence shall be granted
in case
said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated
in Article 158 of this Code.
✓ “This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence.”
Authority to Grant
Director of the Bureau of Corrections, the Chief of the Bureau of Jail

Management and Penology and/or the Warden of a provincial, district,
municipal or city jail shall grant allowances for good conduct. Such
allowances once
granted shall not be revoked.”
Conditional Pardon – Conditional Pardon serves the purpose of releasing,

through executive clemency, a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the parole law does not apply
to him. Thus a prisoner serving a determinate sentence or life imprisonment
is excluded from the benefits of the parole law. However, when this prisoner
has already been reformed, he may be released on conditional pardon.
Nature of Conditional Pardon
Conditional Pardon is in the nature of a contract, so that it must first

be accepted by the recipient before it takes effect. The pardonee is under
obligation to comply strictly with the conditions imposed therein, otherwise,
his non-compliance will result to the revocation of the pardon. (Art. 95, RPC).
If the pardonee violates any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will
be sentenced to serve an imprisonment of prison correctional. However, if the
penalty remitted by the granting of such pardon be higher than six years, the
pardonee will be made to serve the unexpired portion of his original sentence.
(Art. 159, RPC)
How Conditional Pardon is given
Conditional Pardon may be commenced by a petition filed by the

prisoner, his family or relative, or upon the recommendation of the prison
authorities. The petition or request is processed by the Board of Pardons and
Parole. The Board shall determine if the prisoner has served a sufficient
portion of his sentence; his release is not inimical to the interest of the
community; and that there is a likelihood that the offender will not become a
public charge and will not recidivate in crime. If all these factors are favorable,
then the Board will endorse the petition favorably to the President. If the case
is premature, the petitioner is so informed.
Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional
pardon, the following points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner

should be disregarded.
2. Due (but not undue) regard should be given the attitude of the people
in the community from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison –
social, economic, psychological and emotional backgrounds – should
be carefully investigated.
Conditional Pardon Distinguished from Parole
The purpose of conditional pardon and parole is the same – the release
of a prisoner who is already reformed in order that he can continue to serve
his sentence outside of the institution, thus giving him the opportunity to
gradually assume the responsibilities of a free man. Both releases are subject
to the same set of conditions will subject the parolee or pardonee to be
recommitted to prison. The only difference between the two is the granting
authority. In parole the granting authority is the Board of Pardons and Parole,
while in conditional pardon, the granting authority is the President.
Conditions of Pardon and Parole
In the Philippines, the pardonee is given the same set of rules or

conditions as the parolee. Among the conditions usually imposed on
pardonees and parolees are the following:
1. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining the
consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he
needs not get the permission of the Board, although he may so inform
his parole officer (Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will
reside) or to such officer as may be designated by the Executive Officer
of the Board of Pardons and Parole during the first year once a month
and, thereafter, once every two months or as often as he may be required
by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall
avoid places or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine
Constabulary or any officer designated by the Executive Officer of the
Board to visit him at reasonable times at his place of abode or elsewhere
and shall truthfully answer any reasonable inquiries concerning his
conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an
orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive
Officer may from time to time make.
Abuse of the Pardon Power and It’s Safeguards
The power vested on the President by the Constitution to grant pardon

is very broad and exclusive. It is not subject to review by the courts. Neither
does congress have the right to establish conditions nor provide procedure for
the exercise of pardon. Under these circumstances, it is therefore possible that
unscrupulous Chief Executive can abuse his power. In fact, nearly every
presidential election the alleged abuse of the pardoning power has come up as
campaign issue against the incumbent President. The truth of the charge has
never been investigated, but the fact that the alleged anomaly is aired publicly
is an indication that the power to grant pardon may be abused.
There are certain safeguards, however, against the abuse of the

pardoning power. First is the constitutional provision that the President may
be impeached for a willful violation of the Constitution. This is enough
deterrent for the Chief Executive to abuse this power. Second, is the policy of
the Office of the Chief Executive, ever since the time of the American
Governors General, to approve pardon cases, which are favorably
recommended by the Board of Pardons and Parole. Although this policy does
not wholly bind the President, seldom, if ever, has it been disregarded.
Is Pardon Necessary in our Penal System?
Judges are human beings and are therefore apt to commit errors. It is
possible for an innocent to get convicted, as it is possible for a criminal to
escape the hands of justice. An innocent man may not be able to present
evidence to prove his innocence, or may not have the money to hire a good
counsel. Many of our penal laws are outmoded and are no longer kept abreast
with current trends of criminal justice administration. Judges are limited by
laws to the use of discretion they may exercise in any given case. Under any
of the above circumstances, an injustice may result, which can only be
remedied by the exercise of pardon.
Ideally, all releases should be by parole. Society can only be sufficiently

protected against the ex-prisoner if the latter is released through parole or
conditional pardon. Unfortunately, not all sentences are indeterminate so that
some prisoners are deprived of the privilege of parole. Therefore, pardon is
necessary for the prisoners who do not fall under the parole law.
OTHER FORMS OF EXECUTIVE CLEMENCY
Amnesty is a general pardon extended to groups of persons and is

generally exercised by executive clemency with the concurrence of Congress.
Usually, the recipients of amnesty are political offenders, although there are
some exceptions. For example, President Truman issued two proclamation
granting amnesty to unnamed persons, one at the end of World War II in 1945
and another at the end of the Korean Conflict in 1952. In these cases, the
persons have been convicted of crimes against the United States but were
pardoned by terms of proclamation for having served in the armed forces for
at least a year during the conflicts. Those who did so received pardons without
having to apply for them.
The Supreme Court, in the case of People vs. Santos, et al., 47 O.G.
6168, stated that the “purpose of amnesty is to bring about the return of
dissidents and recalcitrant elements of our population to their homes and the
resumption by them of their lawful pursuits, or occupations, as loyal and law-
abiding citizens, to accelerate the rehabilitation of the war-devastated country,
restore peace and order, and secure the welfare and happiness of the
communities.”
Amnesty looks backward and abolishes and puts into oblivion the
offense itself. It so overlooks and obliterates the offense with which he is
charged that the person released by amnesty stands before the law as though
he had committed no offense.
Amnesty is extended to convict as well as persons who have not yet

been tried by the court. Some of the proclamations of amnesty are as follows:
1. Proclamation No. 51 – This proclamation was issued by the late
President Manuel Roxas on January 28, 1948, granting amnesty to
those who collaborated with the enemy during World War II.
2. Proclamation No. 76 – This was issued by President Elpidio Quirino

on June 21, 1948, extending amnesty to leaders of the Hukbolahap and
Pambansang Kaisahan ng mga Magbubukid (PKM). The amnesty
applied to crimes of rebellion, sedition, illegal association, assault,
resistance and disobedience to persons in authority and illegal
possession of firearm.
3. Proclamation No. 51 – was issued in order to attain the following

objectives: To pardon those commited crimes against the security of the
State who have changed their hostile attitude towards the government
and have voluntarily surrendered with their arms and ammunitions. To
get the dissidents back into the fold of law-abiding citizens. To gather
the loose firearms.
Commutation is an act of clemency by which an executive act changes

a heavier sentence to a less serious one or a long term to a shorter term. It may
alter death or life sentence to a term of years. Commutation does not forgive
the offender but merely reduces the penalty of life sentence for a term of years.
Purposes of Commutation
Some of the common uses of commutations are the following:
1. To break the rigidity of the law – penal laws are rigid and unusually
cruel. For example, a law making qualified theft, the stealing of young
coconuts from trees, or fish from the fishpond, or sugar cane from the
sugar cane field. Qualified theft imposes an unusually heavy penalty on
the culprit, which is greatly misappropriated to the value of article
stolen. Even if the judge would want to impose a light penalty, he could
not do so because his hands are tied by the provision of the law. The
sentence in this case may be reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply –
Commutation enables the recipient to be released on parole when his
sentence does not allow him parole, like, for example, when the
sentence is determinate or life sentence, or when the prisoner is serving
two or more sentences. The sentence may be changed to an
indeterminate sentence by commutation to enable the recipient to
receive parole after serving the minimum of the sentence.
3. To save the life of a person sentenced to death – This is one of the

most common uses of commutation of sentence. In the Philippines,
95% of death penalty cases are commuted to life imprisonment.
Procedures in Commutations
When the sentence of death penalty is confirmed by the Supreme Court,
the condemned man or the head of the prison system (Director of Prisons)
may file a petition for commutation. The prisoner is subjected to a social,
psychological and psychiatric examination by the Staff of the Reception
Center. The inquiry will include the sociological history of the prisoner, his
criminal history, mental psychological capacities, work history, etc., the
purpose of which is to determine the degree of involvement in crime the
prisoner is in, and to determine if he deserves to be given a new lease in life.
The petition is then forwarded to the Board of Pardons
and Parole, together with the reports of examinations of the reception and
Diagnostic Center and the recommendation of the Director of Prison on the
petition.
The Board of Pardons and Parole processes the petition and will
deliberate on a recommendation after a careful study of the papers, including
the reports of the Reception and Diagnostic Center. It will them forward the
petition, including its recommendation to the President. The President will
then act on the petition. In giving or denying commutation, the President may
not follow the recommendation of the Board of Pardons and Parole.
Reprieve is a temporary stay of the execution of the sentence. Like pardon,

the President can only exercise reprieve when the sentence has become final.
Generally, reprieve is extended to death penalty prisoners. The date of the
execution of sentence is set back several days to enable the Chief Executive
to study the petition of the condemned man for commutation of sentence or
pardon.
Conditional release is the statutory shortening of the maximum sentence the

prisoners serves because of good behavior while in prison. This is called
“good conduct-time “and is given by the law as motivation for good behavior
while serving sentence in prison. Article 97, Revised Penal Code, provides
good conduct time allowance to all sentences under the following schedules:
“Good Conduct time allowance is automatically applied to reduce the

sentence but may be taken away from the prisoner if he fails to obey the rules
and regulations of the prison. However, good conduct time allowance may be
remitted as a reward for exceptional services the prisoner may render to the
prison administration, or after the lapse of some time when the prisoner has
sufficiently demonstrated that he has reformed.
“If the prisoner does not forfeit his statutory good conduct time
allowance through
misbehavior, he is released at time earned. He is released under supervision
as if on parole and subjected to all parole condition which, if violated, will
result in the issuance of a warrant, revocation of his release, and the
requirement that he return to prison to serve the maximum term.”
This form of conditional release is used in Federal, Kentucky, Kansas,

North Carolina and Wisconsin correctional institutions. The release of the
prisoner is mandatory when the accumulated time deducted from the sentence
for good behavior and work credits makes it mandatory to release the prisoner.
The Board of Parole does not participate in the selection process. This form
of release does, however, enable the parole staff to provide supervision for a
period of time by which his release has been advanced for good behavior as
though the offender was on parole. The released prisoners are subject to the
regulation and control of parole.
In the Philippines, the prisoner who is released from prison after serving
his sentence less the good conduct time allowance, is released without any
condition and is considered to have served his sentence in full.
Act No. 2489, otherwise known as the Industrial Good Time Law,
provides that when a prisoner has been classified as trusty or penal colonists,
he is given an additional 5 days time allowance for every month of service. A
prisoner serving life sentence has his sentence automatically reduced to 30
years of imprisonment upon attaining the classification of trusty or penal
colonists.
CHAPTER 5
Treatment Programs and Rehabilitation of the Different
Confinement Facilities
1. BJMP Programs
A. Major Programs
There are four (4) major programs under the mandate of BJMP and they
are the following:
1. Inmates’ custody, security and control program.

2. Inmates’ welfare and development program.
3. Decongestion program.
4. Good governance.
B. Core Programs
a. Provisions of Basic Needs
All PDL under custody are provided with three (3) meals (breakfast, lunch
and supper). Adequate supply of potable water is made available to them at
all times. Likewise, upon admission, each PDL is issued his or her PDL
uniform consisting of the yellow shirt and brown jogging pants. Hygiene kits
are also distributed to the PDL on monthly or quarterly basis. Occasionally,
the provision of basic needs for the PDL is supplemented by the food and non-
food donations from local government units, non-government organizations,
business sector and private individuals.
b. Health Services
Health services for PDL consist of interventions towards the prevention,

promotion, treatment of illnesses and rehabilitation. All PDL undergo medical
assessment upon admission. During confinement, PDL are provided with
health education and counseling, medical consultations, regular health
monitoring, and provided medicines subject to availability. To maintain the
physical health of PDL, they are allowed daily sunning and physical exercises.
c. Educational Program
The educational program aims to provide opportunities for PDL to achieve

mandatory education. For this reason, BJMP adopted the Alternative Learning
System (ALS) of the Department of Education for the PDL to earn their
elementary and high school diplomas. Teachers in the jail-based ALS are
BJMP Personnel who are professional teachers and trained on the
Instructional Method for ALS. In jails where there are no personnel trained to
handle ALS classes, the ALS teachers would be coming from the Department
of Education. All PDL enrolled in the ALS earn their respective Time
Allowance for Teaching, Studying and Mentoring (TASTM) pursuant to RA
10592.
d. Skills Training/ Enhancement Program
The objective of the skills training program is to equip the PDL with
technical/vocational skills which they can use in seeking employment or
starting their own business after release from confinement. To make the PDL
as competitive as other potential job seekers, the skills trainings preferred are
those accredited by the Technical Education and Skills Development
Authority (TESDA) so that the PDL will be able to earn National
Certifications. Thus, only the PDL who meet the eligibility requirements of
the specific skills training program being offered can participate.
e. Livelihood Program
The livelihood program presents income-generating activities to PDL

during their confinement where they are able to earn for their personal upkeep
and for financial support to their families. The capital for the livelihood
project are either from BJMP for BJMP-funded projects or from the common
fund of a group of PDL for non-BJMP funded projects. Examples of
continuing and most popular livelihood projects of PDL are bags and purses,
bonsai made of beads, pastries, rugs, paper crafts, and wood crafts. To help
the PDL earn from these livelihood projects, the jail unit Welfare and
Development Officer (UWDO) facilitates the sale of the products in display
centers or livelihood caravans organized by the local government units and
other service providers. In addition, online or e-marketing of PDL products is
also run by the jail unit Welfare and Development Office.
f. Behavioral Management/ Modification Program
BJMP implements the Therapeutic Community Modality Program

(TCMP) to manage and modify behaviors of PDL with the goal of positively
changing their thinking and behavior through structured group processes. The
program endeavors to teach and model positive thinking, pro-social values,
good decision-making, and positive coping. Through the program, PDL are
trained on socially acceptable ways of behaving and relating with their fellow
PDL and with personnel and visitors thereby fostering a therapeutic jail
environment and maintaining a peaceful communal atmosphere.
g. Interfaith Program
PDL are provided with the opportunity to practice their faith while under
custody without discrimination, subject only to usual safety and security
measures. The BJMP chaplains and imams provide different religious services
such as but not limited to mass celebrations, communal prayers, spiritual
counseling, catechism, and others. Religious organizations and their
respective ministers/pastors and leaders are accredited by BJMP to facilitate
their regular contact with PDL for the provision of religious services.
h. Cultural and Sports Program
The cultural program aims to promote camaraderie among PDL, encourage

the development of self-confidence and sharing of cultural talents as form of
positive entertainment. Cultural activities allowed in jails include dance,
singing, theatre/drama, and art workshops. Also, through this program, PDL
experience some sense of social normalcy through the communal celebrations
of socio-cultural events like birthdays, Valentine’s Day, Mothers’ and Fathers’
Day, Christmas, Lent and Easter, Ramadan, local festivals and other similar
activities.
i. Paralegal Program
The main objective of the Paralegal Program is to address the

overcrowding in jail facilities. Through the paralegal program, PDL are
assisted in availing of the different early modes of release. Regional and jail
paralegal officers conduct continuous informative seminars/orientations to
PDL on their rights, modes of early release, and other paralegal/legal remedies
which can be availed of by them. Other paralegal services include paralegal
counseling and case follow-up in the courts by the jail paralegal officers.
j. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face

visitation between PDL and respective families. This service enables the PDL
to connect with his/her family through a supervised video call and chat. The
program is conceptualized specifically to cater to PDL whose family members
cannot go to the jail for actual visit because of the long distance to the jail
from the residence or workplace of the family members. However, in case of
jail lockdown by reason of public health emergency where visitation is
suspended, all PDL are allowed to use the e-dalaw to communicate with their
families on equitable rotation basis.
C. Support Services
a. Human Rights Desks
Every jail facility operates a 24-hour Human Rights Desk handled by a

designated Human Rights Affairs Officer. The main function of the Human
Rights Desk is to receive complaints concerning human rights violations from
PDL and visitors and to report the complaints thru the appropriate reporting
system to the concerned BJMP offices and to the Commission on Human
Rights for investigation and appropriate action.
b. Help Desk
In line with the government’s policy of providing timely and speedy access
to government services, each jail facility has established its own Help Desk
managed by a designated Held Desk Officer. The Help Desk functions as a
referral unit where PDL and visitors can lodge their request for assistance
concerning personal or family needs. These requests are evaluated by the Help
Desk Officer and all requests for assistance that cannot be addressed by the
jail are referred to the concerned government agencies for appropriate action.
c. Referrals for Aftercare
Although BJMP recognizes the importance of aftercare program for PDL

to be released for them to start a new, it is limited only to providing welfare
and developmental programs to PDL while they are in custody. Nevertheless,
to ensure continuity of care of PDL upon release, the jail unit Welfare and
Development Officer facilitate referrals to different community resources.
These referrals addressed to the local government units, non-government
organizations and the business sector usually include but not limited to
seeking immediate financial assistance for PDL’s repatriation,
employment/livelihood assistance, educational/vocational training
scholarships, medical and psychological interventions.
D. Special Program for Vulnerable Groups
a. Services for Pregnant PDL
Pregnant PDL, by reason of their medical condition, are given special

attention by the jail\ nurses to ensure compliance to pre-natal and post-natal
care, timely provision of other pregnancy-related needs, and assistance for the
care of the newborn until the latter is endorsed to the immediate family or
accredited child-caring agency.
b. Services for Senior Citizen PDL and PDL with Disabilities
In addition to implementing measures to protect the senior citizen PDL and

PDL with disabilities from discrimination and establishing functional priority
lanes for them, the primary policy is to link them to the local Office of Senior
Citizen Affairs Office (OSCA) and Person with Disability Affairs Office
(PDAO) for the acquisition of their respective Identification Cards. The
respective identification cards issued by the local government unit are the
PDL’s access key to the different services for senior citizens and persons with
disabilities mandated by the Senior Citizen’s Act and Magna Carta for Persons
with Disabilities.
c. Services for PDL with other Special Needs
PDL who are members of the LGBT community maybe segregated from
the general population in terms of housing to prevent potential mistreatments
towards them by reason of their gender expression and other vulnerabilities.
Nevertheless, they receive the same programs and services provided to the
general population and they are encouraged to participate fully in the socio-
cultural activities of the jail.
d. Mental Health Services
In general, preventive mental health aimed at reducing incidence of mental

health disorders and developing positive coping mechanisms are provided to
all PDL. Preventive mental health interventions include informative seminars
on stress management, psycho-educational counseling and other supportive
psychological group activities. Likewise, psycho-social support services or
stress debriefing to address trauma are facilitated for PDL after the occurrence
of untoward jail incidents or in the aftermath of devastating calamities directly
affecting the PDL.
e. Drug Counseling for PDL with Substance use Disorder
PDL with substance use disorder or have history of illegal drug use and
who were granted plea bargaining under A.M. No. 18-03-16 SC, are provided
with drug counseling using the Katatagan Kontra Droga sa Komunidad
(KKDK) approach. The KKDK is a psycho-educational drug counseling
program developed consisting of twenty-four (24) modules: eighteen (18)
modules to be completed by the PDL in a small group setting with fellow PDL
and six (6) family modules to be participated by the PDL’s family. The drug
counseling runs for maximum duration of four (4) months.
2. BUCOR Reformation Programs
A. Work and Livelihood
The Bureau offers a variety of inmate work programs, from agricultural to

industrial. The purpose of the inmate work program is to keep the inmates
busy, and to provide them money for their personal expenses and their families
as well as help them acquire livelihood skills, in order that they may become
productive citizens once they are released and assimilated back into the
mainstream of society.
Different prison and penal farms provide institutional work programs for
inmates. At the Davao Penal Colony, inmates work on the banana plantations
of Tagum Development Company (TADECO) which has a joint venture
agreement with the Bureau. Similarly, the vast tracts of land at the Iwahig
Penal Colony are developed and tilled by inmates to produce various
agricultural products, thereby generating income for the Bureau. The
Sablayan Prison and Penal farm also provides agriculture and aquaculture
programs for inmates.
Along this end, the Bureau under the present Director has encouraged
agricultural and industrial production by providing farming implements,
tractors, fertilizers and other inputs in order to sustain this area of
rehabilitation for inmates.
B. Healthcare Services
Upon his initial commitment to the Reception and Diagnostic Center

(RDC), the inmate’s medical history is recorded and properly documented by
the Medical Specialist. Medical information and mental status examinations
are given to ascertain his overall physical / mental fitness and whether he
would be fit for work. This forms part of the diagnostic process which will
eventually determine the most appropriate rehabilitation program for the
inmate.
The principal medical care of inmates is provided through a 500-bed

capacity hospital at the New Bilibid Prisons and at six (6) other mini-hospitals
or clinics in the six (6) other prison and penal farms. All correctional facilities
have a full and competent staff of medical practitioners in charge of clinics,
infirmaries and hospitals. These centers are capable of minor surgical
operations, laboratory examinations, radiology, psychiatric, rehabilitation and
dental treatment.
Other government and private hospitals are also tapped in the

implementation of standards pertaining to nutrition and protective health
services for the prison community. Medical services also include a wide range
of counseling techniques and therapy programs which address the
psychological problems of inmates, including suicidal thoughts and feelings
of rejection which may lead to disruption of peace and order within the prison
compounds. When an inmate’s ailment is beyond the competence of the in-
house medical doctors, the inmate is referred to a government hospital in
accordance with prison rules and under proper security escorts.
C. Education and Skills Training
Rehabilitation can be facilitated by improving an inmate’s academic and

job skills. Records show that many prisoners are poorly educated. A majority
are elementary school drop outs or have not even finished primary school.
Prison education amounts to remedial schooling designed to prepare inmates
to obtain basic skills in reading, writing and mathematics.
In most correctional facilities, vocational programs are incorporated into

job assignments and serve as on-the-job training. The goal is to provide
inmates with skills that will improve their eligibility for jobs upon release.
Most prison vocational training is geared toward traditional blue-collar
employment in areas such as electronics, auto mechanics and handicrafts. At
the Reception and Diagnostic Center, a basic computer literacy course with
typing as a support course is available for inmates who have finished at least
high school level.
Vocational training and social education focus on job readiness. The

concern in these areas is life skills. If inmates are to reenter society and abstain
from criminal activity, they must be employable and have the basic tools
necessary to function as responsible citizens.
The National Penitentiary has a college degree program and a tertiary

degree correspondence course, in addition to the regular secondary and
compulsory basic literacy classes. Prisoners are strongly encouraged by the
BuCor authorities to enroll while serving their sentence and to advance their
academic skills.
D. Sports and Recreation
The inmates enjoy sunrise by participating in daily calisthenics. There are

various indoor and outdoor sports activities, programs, tournaments and
leagues all year round, to include basketball, volleyball, billiards, table tennis
and chess. These sports competitions promote camaraderie among inmates,
good sportsmanship and team-building. The latest addition is the newly
constructed indoor sports center/gymnasium at the Maximum-Security
Compound which boasts of competition-standard flooring, sound system,
locker rooms and bleachers.
All prison and penal farms have adequate recreational facilities for
inmates, both for outdoor and indoor sports. Mini-bodybuilding gyms are
available in most prison facilities, including the Muntinlupa Juvenile Training
Center and the Therapeutic Community Center for inmates with drug cases.
For music lovers and musically-inclined inmates, numerous "videoke"

centers are available. Musical instruments are available for practice or for use
in variety shows.
E. Moral and Spiritual Program
Inmates enjoy freedom of religion. All inmates are free to observe the
rituals of their faith, with orderly conduct supervised by prison authorities.
A religious guidance adviser or chaplain is assigned in every prison and
penal farm. The prison chaplain sets the stage for every regular spiritual
activity. He is an officer of the institution who oversees the operation of
the prison chapel. He is not only the spiritual leader but also a counselor
and adviser. Prisoners may be baptized or given other sacraments.
Religious Volunteer Officers, or RVOs belonging to different church
groups provide weekly religious activities ranging from bible studies,
devotions, prayer meetings or praise and worship. With a predominantly
Roman Catholic prison population, a Catholic Mass is a regular feature in
spiritual activities of the prison communities. Restrictions, however, are
imposed if, in the course of religious activities, security is compromised or
a program is too expensive.
F. Therapeutic Community
The Therapeutic Community (TC) Program represents an effective,

highly structured environment with defined boundaries, both moral and
ethical. The primary goal is to foster personal growth. This is accomplished
by re-shaping an individual’s behavior and attitudes through the 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 reintegration 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.
CHAPTER 6
Introduction to Human Rights
1. What are human rights?
✓ Human rights, according to the Stanford Encyclopedia of Philosophy,

refers to norms that aim to protect people from political, legal, and
social abuses.
✓ The United Nations (UN) defines human rights as universal and
inalienable, interdependent and indivisible, and equal and non-
discriminatory.
✓ Human rights are:
• Universal and inalienable. Human rights belong to all and
cannot be taken away unless specific situations call for it.
However, the deprivation of a person's right is subject to due
process
• Interdependent and indivisible. Whatever happens to even one
right – fulfillment or violation – can directly affect the others
• Equal and non-discriminatory. Human rights protect all people
regardless of race, nationality, gender, religion, and political
leaning, among others. They should be respected without
prejudice.
• Human rights can also be classified under individual, collective,
civil, political, economic and social, and cultural.
2. What laws or legal documents ensure the human rights of Filipino

citizens?
• The rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution. Also called the Bill of Rights, it includes 22 sections
which declare a Filipino citizen’s rights and privileges that the
Constitution has to protect, no matter what.
• Aside from various local laws, human rights in the Philippines are also
guided by the UN's International Bill of Human Rights – a
consolidation of 3 legal documents including the Universal
Declaration of Human Rights (UDHR), the International Covenant
on Civil and Political Rights (ICCPR), and the International
Covenant on Economic, Social, and Cultural Rights (ICESCR). As
one of the signatories of these legal documents, the Philippines is
obliged to recognize and apply appropriate laws to ensure each right’s
fulfillment.
3. Who oversees the fulfillment and protection of human rights in the

Philippines?
• Human rights are both rights and obligations, according to the UN. The
state – or the government – is obliged to “respect, protect, and fulfill”
these rights.
• Respect begets commitment from state that no law should be made to
interfere or curtail the fulfillment of the stated human rights. Protecting
means that human rights violations should be prevented and if they
exist, immediate action should be made.
• In the Philippines, the Commission on Human Rights (CHR)
primarily handles the investigations of human rights violations.
However, it has no power to resolve issues as stated in the Supreme
Court decision in 1991.
• Established in 1986 during the administration of President Corazon
Aquino, CHR is an independent body which ensures the protection of
human rights guaranteed by the Bill of Rights.
• Aside from investigations, it also provides assistance and legal
measures for the protection of human rights guided by Section 18
Article XIII of the Philippine Constitution.
4. Do criminals or those who break the law still enjoy human rights?
• Criminals or those in conflict with the law are still protected by rights
as indicated in many legal documents such as the Philippines’ Criminal
Code and UN’s Standard Minimum Rules for the Treatment of
Prisoners.
Laws in Human Rights
A. 1987 PHILIPPINE CONSTITUTION Article III. Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property without

due process of law, nor shall any person be denied the equal protection of the
laws.
Section 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion,

or prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil
or political rights.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public

concern shall be recognized. Access to official records, and to documents and
papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of
poverty.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17

hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety
requires it.
Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political
beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment

for a crime whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced
to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a

poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same
act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
B. Universal Declaration of Human Rights
Article 1. All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.
Article 2. Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent, trust, non-self-
governing or under any other limitation of sovereignty.
Article 3. Everyone has the right to life, liberty and security of person.
Article 4. No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5. No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.
Article 6. Everyone has the right to recognition everywhere as a person

before the law.
Article 7. All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and
against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent

national tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
Article 10. Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.
Article 11. (1) Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public trial at
which he has had all the guarantees necessary for his defense. (2) No one shall
be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the
one that was applicable at the time the penal offence was committed.
Article 12. No one shall be subjected to arbitrary interference with his

privacy, family, home or correspondence, nor to attacks upon his honour and
reputation. Everyone has the right to the protection of the law against such
interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence

within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and
to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum
from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the
right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They are
entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of
the intending spouses.
(3) The family is the natural and fundamental group unit of society and
is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in

association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18. Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his religion or belief, and
freedom, either alone or in community with others and in public or private, to
manifest his religion or belief in teaching, practice, worship and observance.
Article 19. Everyone has the right to freedom of opinion and

expression; this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through any media and
regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and

association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his
country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine elections
which shall be by universal and equal suffrage and shall be held by secret vote
or by equivalent free voting procedures.
Article 22. Everyone, as a member of society, has the right to social

security and is entitled to realization, through national effort and international
co-operation and in accordance with the organization and resources of each
State, of the economic, social and cultural rights indispensable for his dignity
and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to

just and favourable conditions of work and to protection against
unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for
equal work.
(3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence worthy of
human dignity, and supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24. Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health
and well- being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old age or other lack
of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and

assistance. All children, whether born in or out of wedlock, shall enjoy the
same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least
in the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis
of merit.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further the
activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall
be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
(2) Everyone has the right to the protection of the moral and material
interests resulting from any scientific, literary or artistic production of which
he is the author.
Article 28.
Everyone is entitled to a social and international order in which the

rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and
full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others and
of meeting the just requirements of morality, public order and the general
welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to

the purposes and principles of the United Nations.
Article 30. Nothing in this Declaration may be interpreted as implying

for any State, group or person any right to engage in any activity or to perform
any act aimed at the destruction of any of the rights and freedoms set forth
herein.
UN’s Standard Minimum Rules for the Treatment of Prisoners (the

Nelson Mandela Rules) •
Part I. RULES OF GENERAL APPLICATION (Rules 1 - 85)
Part I of the rules covers the general management of prisons, and is

applicable to all categories of prisoners, criminal or civil, untried or convicted,
including prisoners subject to “security measures” or corrective measures
ordered by the judge.
BASIC PRINCIPLES:
• Rule 1
All prisoners shall be treated with the respect due to their inherent
dignity and value as human beings. No prisoner shall be subjected to, and all
prisoners shall be protected from, torture and other cruel, inhuman or
degrading treatment or punishment, for which no circumstances whatsoever
may be invoked as a justification. The safety and security of prisoners, staff,
service providers and visitors shall be ensured at all times.
• Rule 2.
1. The present rules shall be applied impartially. There shall be no

discrimination on the grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or
any other status. The religious beliefs and moral precepts of prisoners
shall be respected.
2. In order for the principle of non-discrimination to be put into practice,

prison administrations shall take account of the individual needs of
prisoners, in particular the most vulnerable categories in prison settings.
Measures to protect and promote the rights of prisoners with special
needs are required and shall not be regarded as discriminatory.
• Rule 3
Imprisonment and other measures that result in cutting off persons from
the outside world are afflictive by the very fact of taking from these persons
the right of self-determination by depriving them of their liberty. Therefore
the prison system shall not, except as incidental to justifiable separation or the
maintenance of discipline, aggravate the suffering inherent in such a situation.
• Rule 4
1. The purposes of a sentence of imprisonment or similar measure
deprivative of a person’s liberty are primarily to protect society agains
crime and to reduce recidivism. Those purposes can be achieved only
if the period of imprisonment is used to ensure, so far as possible, the
reintegration of such persons into society upon release so that they can
lead a law-abiding and self-supporting life.
2. To this end, prison administrations and other competent authorities

should offer education, vocational training and work, as well as other
forms of assistance that are appropriate and available, including those
of a remedial, moral, spiritual, social and health- and sports-based
nature. All such programs, activities and services should be delivered
in line with the individual treatment needs of prisoners.
• Rule 5
1. The prison regime should seek to minimize any differences between
prison life and life at liberty that tend to lessen the responsibility of the
prisoners or the respect due to their dignity as human beings.
2. Prison administrations shall make all reasonable accommodation and

adjustments to ensure that prisoners with physical, mental or other
disabilities have full and effective access to prison life on an equitable
basis.
Part II. RULES APPLICABLE TO SPECIAL CATEGORIES
(Rules 86 - 122)
Part II contains rules applicable only to the special categories dealt with
in each section. Nevertheless, the rules under section A, applicable to
prisoners under sentence, shall be equally applicable to categories of prisoners
dealt with in sections B, C and D, provided they do not conflict with the rules
governing those categories and are for their benefit.
A. Prisoners under sentence

B. B. Prisoners with mental disabilities and/or health conditions
C. Prisoners under arrest or awaiting trial
D. Civil prisoners
E. Persons arrested or detained without charge
CHAPTER 7
Government Programs for the Welfare of the Victims
A. Victims Compensation Program (Department of Justice)
• What is the law creating the Board of Claims?
Republic Act No. 7309 is the law creating the Board of Claims
under the Department of Justice granting compensation for victims of
unjust imprisonment or detention and victims of violent crimes.
• What is the rationale for the enactment of the law?
One of the more vexing problems in the area of justice and

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

1. A person who was unjustly accused convicted and imprisoned and
subsequently released by virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being

charged;
3. A person who is a victim of arbitrary detention by the authorities as

defined in the Revised Penal Code under a final judgment of the court;
or
4. A person who is a victim of a violent crime which includes rape and

offenses committed with malice which resulted in death or serious
physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with torture,
cruelty or barbarity.
• When should a claim be filed?
The claim should be filed with the Board by he person entitled to

compensation under this Act within six (6) months after being released
from imprisonment or detention or from the date he suffered damage or
injury; otherwise he is deemed to have waived his claim.
• How is a claim filed?

A claimant may file a claim with the board by filling up an
application form provided for the purpose with the Secretariat of the
Board of Claims, Department of Justice, Padre Faura Street, Ermita,
Manila. 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?
For the victims of unjust imprisonment, the compensation shall be

based on the number of months of imprisonment and every fraction thereof
shall be considered one month, but in no case shall such compensation
exceed ONE THOUSAND PESOS (P1,000.00) per month.
In all other cases the maximum for which the Board may approved a
claim shall not exceed TEN THOUSAND PESOS (P10,000.00) or the amount
necessary to reimburse the claimant the expenses incurred for hospitalization,
medical treatment, loss of wage, loss of support or other expenses directly
related to the injury, whichever is lower to be determined by the Board.
• When is the effective date of R.A. 7309 for the purpose of

processing of applications for payment of claims?
Sec. 12 of R.A. No. 7309 provides:
"This Act shall take effect after its publication in two (2) newspapers of
general circulation."
R. A. No. 7309 was published on 13 April 1992 in the Philippine Star

and Philippine Daily Inquirer, hence, the effectivity day of R.A. No. 7309 is
14 April 1992.
The provisions of the Act shall be applied prospectively. All incidents

or bases for filing an application under Sec. 3 of R.A. 7309 must have
happened on or after 14 April 1992 and within the period provided for in No.
4, to be covered by the law.
• May the decision of the Board of Claims be appealed?
Yes, Section 8 provides that: "Any aggrieved claimant may appeal,

within fifteen (15) days from receipt of the resolution of the Board, to the
Secretary of Justice whose decision shall be final and executory."
B. Rape Victim Assistance and Protection
• Republic Act 8505: Rape Victim Assistance and Protection Act of 1998
• Rape Crisis Center.— The Department of Social Welfare and
Development (DSWD), the Department of Health (DOH), the
Department of the Interior and Local Government (DILG), the
Department of Justice (DOJ), and a lead non-
government organization (NGO) with proven track record or experience in

handling sexual abuse cases, shall establish in every province and city a rape
crisis center located in a government hospital or health clinic or in any other
suitable place for the purpose of:
a) Providing rape victims with psychological counselling, medical and

health services, including their medico-legal examination;
b) Securing free legal assistance or service, when necessary, for rape
victims;
c) Assisting rape victims in the investigation to hasten the arrest of
offenders and the filing of cases in court;
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; and
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
• Duty of the Police Officer.— Upon receipt by the police of the

complaint for rape, it shall be the duty of the police officer to:
a) Immediately refer the case to the prosecutor for inquest/investigation if
the accused is detained; otherwise, the rules of court shall apply;
b) Arrange for counselling and medical services for the offended party;
and
c) Immediately make a report on the action taken.
• It shall be the duty of the police officer or the examining physician, who
must be of the same gender as the offended party, to ensure that only
persons expressly authorized by the offended party shall be allowed
inside the room where the investigation or medical or physical
examination is being conducted.
• A women’s desk must be established in every police precinct

throughout the country to provide a police woman to conduct
investigation of complaints of women rape victims. In the same
manner, the preliminary investigation proper or inquest of women rape
victims must be assigned to female prosecutor or prosecutors after the
police shall have endorsed all the pertinent papers thereof to the same
office.
• Protective measures. At any stage of the investigation, prosecution and

trial of a complaint for rape, the police officer, the prosecutor, the court
and its officers, as well as the parties to the complaint shall recognize
the right to privacy of the offended party and the accused. Towards this
end, the police officer, prosecutor, or the court to whom the complaint
has been referred may, whenever necessary to ensure fair and impartial
proceedings, and after considering all circumstances for the best
interest of the parties, order a closed-door investigation, prosecution
or trial and that the name and personal circumstances of the offended
party and/or the accused, or any other information tending to establish
their identities, and such circumstances or information on the complaint
shall NOT be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that
the proceedings can be conducted in a language or dialect known or familiar
to them.
• Rape shield.— In prosecutions for rape, evidence of complainant’s

past sexual conduct, opinion thereof or of his/her reputation shall
not be admitted unless, and only to the extent that the court finds, that
such evidence is material and relevant to the case.
C. Child Protection Program
Executive Order No. 53
Strengthening the Committee for the Special Protection of Children,

Amending for this Purpose Executive Order No. 275 (s.1995)
Role of the CSPC
The CSPC is hereby strengthened and reorganized to effectively

function as the body principally responsible for coordinating and monitoring
the investigation and prosecution of cases involving violations of R.A. No.
7610 and other child-related criminal laws.
Vision
All children in the Philippines and Filipino children elsewhere are

protected from all forms of violence, abuse, exploitation and discrimination.
Mission Statement
Guided by the principles of non-discrimination, best interest of the

child, respect for the views of the child, and the right of the child to life, as
well as Article 19 of the CRC, as codified under RA 7610, the SCPC shall
ensure that all children in the Philippines are provided legal protection, within
a child sensitive justice system.
Who is considered a child under R.A. No. 7610?
A child one who is below 18 years of age or one who is over 18 years
of age but who cannot take care of himself fully because of a physical or
mental disability or condition.
What is child abuse?
It is any act which inflicts physical or psychological injury, cruelty to

or the neglect, sexual abuse of, or which exploits, a child.
What is cruelty?
It is any word or action which debases, degrades or demeans the

dignity of a child as a human being.
Is discipline administered by a parent or legal guardian on a child

considered cruelty?
No, if it is reasonably administered and moderate in degree and does

not cause physical or psychological injury.
What physical injury is considered as child abuse?
One that causes severe injury or serious bodily harm to child, such as
lacerations, fractured bones, burns or internal injuries.
What psychological injury is considered as child abuse?
One that harms a child's psychological or intellectual functions. This

may be exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior or a combination of said behaviors.
What is child neglect?
It is failure of a parent or legal guardian to provide, for reasons other

than poverty, adequate food, clothing, shelter, basic education or medical care
so as to seriously endanger the physical, mental, social and emotional growth
and development of the child.
What is child sexual abuse?
It is the employment, use, persuasion, inducement, enticement or

coercion of child to engage in, or assist another person to engage in sexual
intercourse or lasciviousness conduct or the molestation or prostitution of, or
the commission of incestuous acts, on, a child.
What is child exploitation?
It is hiring, employment, persuasion, inducement, or coercion of child

to perform in obscene exhibitions and incident shows, whether live, on video
or film, or to pose or act as a model in obscene or pornographic materials, or
to sell or distribute said materials.
Where can one report child abuse cases?
• Department of Social Welfare & Development or to the Child Health

and Intervention and Protective Service (CHIPS) Tel. No. 734-4216
• Anti-Child Abuse, Discrimination, Exploitation Division (ACADED)
National Bureau of Investigation Tel. Nos. 525-6028/525-8231 loc. 403
& 444
• Commission on Human Rights Child Rights Center Tel. No. 927-4033
(Mon-Fri during office hours)
• Philippine National Police Operation Center Tel. Nos. 712-8613/722-
0540 & 724 8749 or nearest police station
• DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or
contact the nearest Provincial, City or Regional Prosecutor
• Local Barangay Council for the Protection of Children
Who are required by law to report child abuse cases?
The following must report child abuse case:
1. The head of a public or private hospital, medical clinic or similar

institution, as well as the physician and nurse who attended to the needs
of the abused child.
2. Teachers and administrators of public schools
3. Parole and probation officers
4. Government lawyer
5. Law enforcement officers
6. Barangay officials
7. Correction officers such as jail guards
8. Other government officials and employees whose work involves
dealing with children
Can then persons named above be charged criminally if they do not

report a child abuse case?
Yes.
Who can file a complaint for child abuse?
The child victim
1. The parent or legal guardian of the victim

2. The grandparent, or relative of the child victim up to a first cousin
3. The Barangay Chairman
4. One of a group of 3 or more persons who have personal knowledge of
the abuse.
Where should a complaint for child abuse be filed?
Your compliant should be filed with the Department of Social

Welfare and Development or with the police or other law enforcement agency.
Protecting Filipino Children From Abuse, Exploitation and Violence
MAJOR STRATEGIES AND CORE INTERVENTIONS

(Comprehensive Programme on Child Protection, 2006-2010 Building a
Protective and Caring Environment for Filipino Children)
A. Preventive Actions and Early Interventions
1. Sensitizing families, communities and LGUs

2. Facilitating effective access of children at risk to relevant early and
basic education and vocational training
3. Equipping children with knowledge and skills to protect themselves
4. Promoting responsible and effective parenting education for families
5. Supporting livelihood activities and facilitating access to credit and
employment opportunities
6. Organizing, activating and strengthening local councils for the
protection of children
B. Rescue, Recovery, Healing and Reintegration
1. Strengthening monitoring and rescue mechanisms

2. Improved psychosocial recovery and healing services and reintegration
of children into their families and communities
3. Promoting alternative family care for children deprived of a family
environment
4. Family and community empowerment to facilitate psychosocial
recovery, healing and social reintegration
5. Upgrading technical competencies of program managers, supervisors,
social workers, and other service providers in helping children
C. Legal and Judicial Protection Measures
1. The review, reform and enactment of laws making them consistent with
the principles, provisions and standards of the Convention on the Rights
of the Child and other UN standards on juvenile justice have gained
headway with the passage of Republic Act 9344 or the “Juvenile Justice
and Welfare Act” in April 2006.
2. Specialized and integrated training program for the pillars of the justice
system have been conducted under the auspices of the Philippine
Judicial Academy (PJA) of the Supreme Court, the Institute of Judicial
Administration (IJA) of the University of the Philippines (UP), the
Department of Justice (DOJ), the National Bureau of Investigation
(NBI), the Philippine National Police (PNP), the Department of Interior
and Local Government (DILG), the Department of Labor and
Employment (DOLE), the Commission on Human Rights (CHR), and
law schools such as the Ateneo and UP, with the support of NGOs such
as the Child Protection Unit (CPU) of the Philippine General Hospital
(PGH), among others.
CHAPTER 8
THERAPEUTIC MODALITIES
I. Therapeutic Modalities : Background
A 'therapeutic approach' is the lens through which a counsellor

addresses their clients' problems. Broadly speaking, the therapeutic
approaches of counsellors fall into two categories: behavioural and
psychodynamic. Behavioural approaches are usually short-term and address
your behaviour and thought patterns.
The therapeutic community (TC) is an intensive and comprehensive
treatment model developed for use with adults that has been modified
successfully to treat adolescents with substance use disorders. TCs for the
treatment of addiction originated in 1958, a time when other systems of
therapy, such as psychiatry and general medicine, were not successful in
treating alcohol or substance use disorders. The first TC for substance users
(Synanon) was founded in California by Chuck Dederich, one of the earliest
members of Alcoholics Anonymous (AA), who wanted to provide a
controlled (substance-free) environment in which alcohol and substance users
could rebuild their lives, using the principles of AA along with a social
learning model (De Leon, 1995a).
The core goal of TCs has always been to promote a more holistic
lifestyle and to identify areas for change such as negative personal behaviors-
-social, psychological, and emotional--that can lead to substance use.
Residents make these changes by learning from fellow residents, staff
members, and other figures of authority. In the earliest TCs, punishments,
contracts, and extreme peer pressure were commonly used. Partly because of
these methods, TCs had difficulty winning acceptance by professional
communities. They are now an accepted modality in the mainstream treatment
community. The use of punishments, contracts, and similar tools have been
greatly modified, although peer pressure has remained an integral and
important therapeutic technique.
Originally, the large majority of residents served by TCs were male

heroin addicts who entered 18- to 24-month residential programs. By the mid-
1970s, a more diverse clientele was entering treatment; 45 percent used heroin
alone or in combination with other substances, and most were primarily
involved with a range of substances other than heroin, such as amphetamines,
marijuana, PCP, sedatives, and hallucinogens. By the 1980s, the large
majority of those entering treatment in TCs had primarily crack or cocaine
problems. The percentage of women entering treatment grew, and they
presented with different problems, including extremely dysfunctional lives
and more psychopathology. Although several adolescent TCs have been in
operation since the late 1960s, increasing numbers of younger people sought
treatment during the 1980s, and many previously all-adult communities began
admitting adolescents. With the inclusion of youths in these adult TCs,
education and family services were added as important program components.
The TC model has been modified over time to include a variety of

additional services not provided in the early years, including various types of
medical and mental health services, family therapy and education, and
educational and vocational services. In the beginning, nearly all staff members
were paraprofessionals recovering from addiction; over the years, increasing
numbers and types of professionally trained specialists have been employed
by TCs and are now serving in staff or consultant positions
The Generic TC Model
As a social-psychological form of treatment for addictions and related

problems, the TC has been typically used in the United States to treat youth
with the severest problems and for whom long-term care is indicated. TCs
have two unique characteristics:
• The use of the community itself as therapist and teacher in the treatment
process
• A highly structured, well-defined, and continuous process of self-reliant

program operation
The community includes the social environment, peers, and staff role
models. Treatment is guided by the substance use disorder, the person,
recovery, and right living (De Leon 1995a).
Right living emphasizes living in the present, with explicit values that
guide individuals in relating to themselves, peers, significant others, and the
larger society. Recovery is seen as changing negative patterns of behavior,
thinking, and feeling that predispose one to substance use and developing a
responsible substance-free lifestyle. It is a developmental process in which
residents develop the motivation and know-how to change their behavior
through self-help, mutual self-help, and social learning.
The theoretical framework for the TC model considers substance use
a symptom of much broader problems and, in a residential setting, uses a
holistic treatment approach that has an impact on every aspect of a resident's
life. Residents are distinguished along dimensions of psychological
dysfunction and social deficits. The community provides habilitation, in
which some TC residents develop socially productive lifestyles for the first
time in their lives, and rehabilitation, in which other residents are helped to
return to a previously known and practiced or rejected healthy lifestyle (De
Leon, 1994). A primary distinction between the TC approach and 12-Step-
based programs is the belief that the individual is responsible both for his
addiction and for his recovery. Where AA says "let go, let God," TCs take the
view that "you got yourself here, now you have to get yourself out with the
help of others."
Traditionally in the TC, job functions, chores, and other facility

management responsibilities that help maintain the daily operations of the TC
have been used as a vehicle for teaching self-development. Remaining
physically separated from external influences strengthens the sense of
community that is integral to the residential setting. Activities are performed
collectively, except for individual counseling. Peers are role models, and staff
members are rational authorities, facilitators, and guides in the self- help
method. The day is highly structured, with time allocated for chores and other
responsibilities, group activities, seminars, meals, and formal and informal
interaction with peers and staff members. The use of the community as
therapist and teacher results in multiple interventions that occur in all these
activities.
Treatment is ordinarily provided within a 24-hour, 7-days-per-week

highly structured plan of activities and responsibilities. Although
recommended treatment tenures have generally shortened in recent years,
averaging around 1 year, they may last as long as 18 months. The full-time
approach is part of the ecological point of view held by proponents and leaders
of TCs. The program is conducted in three stages: induction, primary
treatment, and preparation for separation from the TC (De Leon, 1994).
Like many other substance use disorder treatment providers in today's
health care market, TC personnel are committed to providing services to
residents in shorter periods of time and with decreased resources than was the
case in previous years. Modifications of the traditional residential model and
its adaptation for special populations and settings are redefining the TC
modality within mainstream and mental health services. Two new strategies
have recently been suggested: focusing goals on moving the resident to the
next stage of recovery in another, less expensive setting, or expanding
aftercare opportunities in residential and day treatment programs following
TC treatment (De Leon 1995a, 1995b; Rosenthal et al., 1971).
ADOLESCENTS IN TCS
Jainchill and others have pointed out that only recently has cross-site
information describing adolescents who enter TCs been compiled (Jainchill,
1997). One exception was the Drug Abuse Reporting Program (DARP),
which in the 1960s and 1970s found that almost one-third of the TC sample
was younger than 20 years old. (DARP was the nation's first comprehensive
multimodality study of the treatment industry.) Those teenage TC residents
typically were white males who used opioids (Rush, 1979). Data are sparse
after the 1970s. However, new data reveal that adolescents make up 20 to 25
percent of the residents in TCs. Some 80,000 clients were admitted to TCs in
1994 (De Leon, 1995b).
Resident Characteristics
Adolescents who enter TCs tend to have serious substance use and
behavioral problems that render them dysfunctional in many arenas (Jainchill,
1997). Common problems are truancy, conduct disorders, poor school
performance, attention deficit/hyperactivity disorder (AD/HD), learning
disabilities, and problems relating to authority figures. In terms of substance
use history, adolescents entering TCs have begun substance use at an earlier
age and have greater involvement with alcohol and marijuana and less use of
opiates compared with adults.
Many youths in TCs have been referred by the juvenile justice system,
family court, or child welfare (social service) systems and reflect an early
involvement with illegal activities and family dysfunction. Conduct disorders
and juvenile delinquency are common. In fact, some TCs are operated by
criminal justice institutions, such as correctional agencies, and may be
structured as minimum-security correctional facilities.
Less frequently, adolescents enter the TC under parental pressure.

Thus, extrinsic pressures are usually required to coerce the adolescent into
treatment and to keep her there. It is not uncommon for such residents to have
little motivation to change their behavior.
Most adolescent residents are males mandated by the court, and

problems of social deviance are commonplace. Because adolescent females
commit fewer crimes and less violent ones than do adolescent males (Jainchill
et al., 1995), they are not often mandated to a TC, although they may be
brought to treatment by a family court. However, even those adolescent
females with the same range and type of problems as the males generally do
not enter TCs. One of the questions facing the TC movement is how to create
and conduct effective outreach for adolescent females who need treatment.
Very often, when females do enter TCs, their problems are found to be more
severe than the problems of most of the males. When females are enrolled in
the TC, sleeping quarters are separate but activities are very often coed
(Jainchill et al., 1995).
Both adults and adolescents in TCs share many problems. There is

little difference between the social histories of adult and adolescent users in
residential treatment concerning onset and pattern of substance use, academic
performance, and juvenile delinquency (De Leon, 1988).
A core feature of TC treatment for adults and adolescents alike is that

the community serves as the primary therapist--treatment is a community
process, and it is not possible to identify a single individual as therapist.
Although adolescents often have a primary counselor with whom they work
individually, everyone in the community, including the adolescents
themselves, has responsibility as a therapist and teacher. Peer-group meetings
led by an adolescent with a staff facilitator are common.
The community's role is critical to the client's habilitation and

rehabilitation. For the adolescent, the community may be even more crucial
than for adults because the TC functions as the family. This is a significant
function because many youths in TCs come from dysfunctional families.
Being a member of the TC community gives them an opportunity to
experience and learn how to have and maintain positive relationships with
authorities, parents, siblings, and peers. Nearly all activities, even
housekeeping responsibilities, are considered part of the therapeutic process.
It is precisely because adolescent residents usually come from environments
without structure, routine, rules, or regulations that the TC is ideally suited to
providing their treatment.
Modifications that are generally made in the TC model for treatment of

adolescents are summarized as follows:
• The duration of stay is shorter than for adults.

• Treatment stages reflect progress along behavioral, emotional, and
developmental dimensions.
• Adolescent programs are generally less confrontational than adult
programs.
• Adolescents have less say in the management of the program.
• Staff members provide more supervision and evaluation than they do
in adult programs.
• Neurological impairments, particularly learning disabilities and related
disorders (e.g., AD/HD), are assessed.
• There is less emphasis on work and more emphasis on education,
including actual schoolwork, in the adolescent program.
• Family involvement is enhanced and ideally should be staged,
beginning with orientation and education, then moving to support
groups, therapy groups, and therapy with the adolescent. When parental
support is nonexistent, probation officers, social workers, or other
supportive adults in the youth's life can participate in therapy.
Additional modifications are made depending on the specific needs
of the program's referral and funding sources (Rockholz, 1989). For example,
some programs primarily serve protective services cases (e.g., abuse and
neglect, homelessness) involving adolescents who often present with
psychiatric needs that require medication. Others serve juvenile and criminal
justice system-involved youths with behavioral disorders, who require anger
management programming and who respond better to more traditional
confrontation techniques. Still others operate college preparatory TCs,
without the use of psychotropic medications, for emotionally troubled, upper-
middle class youths.
Duration of Stay
In the past, TCs for adolescents were entirely residential programs

lasting 18 months to 2 years--the time required for behavior change to be
internalized and practiced by the adolescent. The conservative funding
policies that typify the 1990s have introduced complex issues for residential
TCs because success in treatment is correlated positively with extended stay
in the program. As with so many other issues in substance use disorder
treatment today, final decisions often have to be based more on financial
considerations than on therapeutic need, with the result that most programs
can plan only for a course of treatment that lasts 6 to 12 months. A few
programs are attempting to provide TC treatment in 6 months; this is a radical
move. Clinical wisdom suggests that the ideal duration of treatment for
adolescents in a TC is 12 to 18 months and that adolescents with very deep
and complicated disorders cannot be treated effectively in 28 days. However,
no research is available to compare treatment success in 28-day programs with
treatment in the longer stay programs.
Staffing
Originally, only persons in recovery staffed TCs, and TC directors

and staff were opposed to therapy by psychologists, psychiatrists, and other
mental health personnel such as social workers or family counselors. TCs are
now integrating the services of professionals with training in some area of
mental health, and there is recognition that individual counseling can
complement the group approach, which was the mainstay of treatment during
the first two decades of TCs.
TC staffs today are a mixture of nondegreed frontline counselors and

degreed professionals. The counselors who do not have degrees typically
facilitate the daily TC activities and serve as role models for successful
recovery; the degreed staff includes vocational counselors, nurses,
psychologists, social workers, and substance abuse counselors.
Having an on-site nursing staff is important to monitor medications,

provide health education, and provide cross-training for the counselors,
particularly regarding the symptomatology of addiction. Teachers in a TC
program for adolescents must understand substance use disorders among
youths from disadvantaged families with severe dysfunction. Cross-training
for the teachers is also important. It is essential that the counselor meet at least
weekly with the teacher(s) to integrate schooling into the program.
Psychiatrists are often involved because of the common presence of disorders
such as depression or AD/HD. Pharmacological agents for coexisting
disorders are now permitted and are used widely by some TCs serving
adolescents with coexisting mental disorders.
Depending on the size and staffing of the TC, there will be some
combination of administrative, legal, dietary, and maintenance staff. The
people in these categories are often considered integral to the clinical process.
For example, office personnel may actually have some clinical input in terms
of hands-on management of a resident who has a job function under their
supervision. It is essential that all employees who have any direct or indirect
dealings with residents receive training that gives them a thorough
understanding of the TC concept and its bearing on their specific duties.
Protocol
Most programs are designed so residents can progress through phases

as they advance through treatment. Tied to the phases are increased
responsibilities and privileges. One cannot advance to the next higher level
until he demonstrates responsibility, self-awareness, and consideration for
others (De Leon, 1995a). By moving through these structured phases, the
adolescent acquires and benefits from psychological and social learning
before proceeding to the next stage. Each stage prepares the resident for the
next. After becoming a responsible member of the treatment community, the
adolescent can move on to the outside community. In adult TCs, residents
advance through developmental stages to a level of authority in which they
become responsible for the TC's operation. However, this is not appropriate
for adolescents, for whom the staff plays the role of effective parents.
Creating a Safe Environment
Part of the ecological approach to treatment in the TC is the creation

of a safe and nurturing environment, within which adolescents can begin to
experience healthy living. It is important for the staff of the TC to understand
what type of home, neighborhood, and social environment from which each
adolescent comes. Many adolescents enrolled in the TC come from unsafe
physical and psychological environments; the characteristics of the home and
neighborhood do not facilitate healthy living, and many risk factors may be
environmental. For example, many of these adolescents are third-generation
substance users who have grown up in an environment where substance use
is an everyday activity. Often, physical or psychological violence
accompanies the addictive practices, and children and adolescents may be
physically and psychologically damaged.
Essential to creating a safe environment is the TC's strict adherence

to "cardinal rules" that, at a minimum, prohibit substance use or possession,
physical threats or violence, or sexual contact. It is also essential that the
environment be psychologically safe by ensuring, for example, that
adolescents are not verbally attacked and that they feel comfortable enough to
disclose even the most sensitive of events (and associated feelings), such as
sexual abuse.
Groups in the TC for Adolescents
Various types of counseling groups are provided in the TC. Groups

constitute an important therapeutic technique, as they have since the earliest
TCs were established. Typically, everyone attends at least one group session
a day.
Today's TCs generally do not use the grueling encounter groups and
all-night "marathons" of their earlier counterparts, but modified encounter
groups still are common. Some programs have begun to move away from
encounter groups and have included 12-Step work, as in the 12-Step model of
treatment. Techniques such as confrontation, designed to help adolescents
recognize and acknowledge their feelings and learn to accept personal and
social responsibility, can be counterproductive by raising clients'
defensiveness. Group meetings at advanced stages of the program are
composed of peers, whereas other groups for adolescents are led by qualified
counselors or therapists. Many of the TC programs for adolescents use a
cognitive restructuring approach to change adolescents' thinking and to
redirect the focus of their attention to healthier behavior.
There are various types of groups that deal with physical and sexual
abuse, although it is very difficult to get adolescents to acknowledge that they
have experienced abuse. Skill groups also exist in adolescent TCs to enhance
existing skills or build new ones.
Education
Enabling residents to receive a good education and at least complete

high school are critical goals for adolescent TCs. Comprehensive TCs provide
their own schools, licensed as required, with full-time, salaried, or local
educational agency-provided teachers. Others have a teacher who comes in
part time to conduct classes. All teachers must be State-certified to provide
special education or education in their specific subject area. Residents must
receive a minimum of 5 hours of academic instruction per school day. It is
critical that educational services be fully integrated into the TC program and
that they be consistent with the TC process. Teaching staff should be active in
the treatment planning process, and behavioral management programming
should be integrated into the "house" procedures.
Because schooling replaces most of the work responsibilities

common in adult TCs, the adolescent's workload is not as heavy as that of the
adult. Each resident has assigned job responsibilities in the evening and on
weekends, such as preparing dinner, washing dishes, mopping, dusting--the
important tedium of sober life. After dinner, there is study time and a group
meeting. Lights-out is monitored at a specific time, such as 10:30 p.m.
Recreation
Recreational activities are important for teenagers in TCs who need

help in learning to enjoy themselves and others without using substances.
These activities help overcome boredom, a key problem with adolescents.
Physical activities, such as outdoor sports, are necessary but difficult to
provide in winter, particularly in programs that are housed in a limited amount
of space. Some TCs have incorporated relationships with local public facilities
or programs such as Outward Bound.
Aftercare
During the first two decades of the TC, residents spent 18 to 24

months in treatment and were essentially considered to be "cured" and not in
need of formal aftercare services. As the average length of stay decreased,
however, it became necessary to return adolescents to their families or
independent living situations with continuing treatment needs. Others
required halfway houses, which were, and continue to be, scarce. In most
cases today, adolescents are referred to outpatient programs, especially for
continued family therapy. Some are served through alumni or other affiliated
aftercare resources of TC agencies. Although Alcoholics Anonymous (AA)
and Narcotics Anonymous (NA) are minimally included in many adolescent
and adult TCs, most programs have experienced significant improvements in
treatment outcomes when they introduce residents to AA/NA during the
reentry phase of treatment and strongly encourage them to use these 12-Step
programs as valuable and effective aftercare supports. Evaluative work
documenting significant reductions in recidivism, substance use, and
antisocial behavior through the use of dedicated TC residents in the
community for aftercare is just beginning to emerge, primarily from
researchers dealing with adult prison populations (Inciardi et al., 1997).
Ideally, sophisticated satellite aftercare programs should be provided in the
communities where the residents live. For adolescents, aftercare programs
should include a family therapy component.
Involvement of the Adolescent's Family
In the early days of the adolescent TC, families were often viewed as
the cause of the adolescent's problems and were kept away from the
adolescent. Families were usually only involved with occasional parent
support groups or Al-Anon and thus were kept away from their children. For
cases in which the adolescent planned to return home, parents were usually
brought in for a conference or two shortly before the adolescent left residence
in the TC. In many cases, adolescents were older and tended to move out to
independent living in the community near the TC program--often with little
or no family counseling.
Today, TCs often provide comprehensive family services programs,

including such components as family assessments, family counseling and
therapy including multifamily groups, parent support groups, and family
education programs. Some TCs have well-established parent groups that
provide program fundraising and scholarship assistance initiatives. Regular
visitation remains limited in most TCs to weekly or monthly open houses and
special events such as graduations.
The issues of accessibility and limited family supports are challenging

to TCs, especially when they are located away from families. Many families
lack the transportation or interest to be involved in regular family
programming. In some cases, adolescents have no living parents or have a
parent who is incarcerated. In cases such as these, teleconferencing and family
counseling with the individual are necessary alternatives. Some programs
develop agreements with other service providers where the family resides.
These programs can help with parenting skills training and can provide
support and guidance on how to help the youth maintain his recovery. The TC
tends to provide a surrogate extended family for residents, which can provide
a corrective experience resulting in more positive self-identity. Ideally, staff
members and the community as a whole provide effective reparenting through
a balance of discipline without punishment or shaming, along with love and
concern without enabling.
Related to this is the issue of rural programs versus urban programs

that are located closer to the homes of TC residents. Proponents of city
programs argue that it is unfair to take adolescents away from their families
for the duration of treatment. On the other hand, if the family is really
dysfunctional, it is better to keep adolescents away from their family. Locating
the adolescent in a rural area away from the environment in which she was
involved with substances and away from her peers in that environment may
strengthen the adolescent's resistance upon return to that environment. There
is disagreement on this matter, however; some authorities believe there is no
value in moving the adolescent to a rural area. Others take a middle ground
by placing the adolescent in a rural TC initially and then returning the youth
to treatment in her original environment.
Special Issues of the Adolescent TC Resident
TC staff members must be prepared to deal with many special issues

of adolescents that will come to the fore in the treatment process. Three are
particularly common and important: self-image, guilt, and sexuality (De Leon,
1988; Jainchill, 1997).
Self-image
Adolescents are struggling to develop an identity, which is a critical

and sometimes difficult task, even for those leading ordinary lives without the
types of problems experienced by an adolescent in the TC. They often select
images they want to assume, body postures, and an affected manner of
speaking that may be inappropriate. Their images may be embedded in street
culture and gang affiliation. Staff members can work with them and help them
see how a healthy identity develops and is maintained; they are in a position
to help the adolescent avoid the acquisition of a negative self-image that can
be destructive. Once this stage of understanding has been reached, staff
members can help adolescents develop self-monitoring methods to assess
their own images as well as images of others and to suggest changes in
behaviors, dress, speech, or even posture, when appropriate.
Guilt
Many experienced TC professionals view guilt as the fundamental

feeling associated with self-defeating behavior, including substance use and
acting out against others (such as by stealing). They frequently say to
adolescents, "Guilt kills," which expresses their understanding that negative
behavior produces guilt, which in turn, results in more negative behavior to
escape guilty feelings. Adolescents can benefit from help with self-guilt (e.g.,
how their actions have hurt other people) and community guilt (e.g., breaking
house rules or not confronting negative behavior and attitudes of other
residents).
TC staff members regularly address guilt in encounter groups,

seminars, counseling, and even in special guilt sessions, in which confession
is the first step in counteracting the feeling of guilt. While it is necessary to
disclose the act itself, the root issue in these sessions is the concealment of
that act, which the adolescent must confess. Discussion of guilt is valuable for
all adolescents, whether they are undergoing group, community, or individual
therapy (DeLeon, 1995a). It is of critical importance that the residents
understand the relationship between guilt and self-destructive behavior.
Recognition and acceptance of the pain associated with guilt is the first step
to an experiential basis for new social learning. Finally, it is hoped that the
resident will understand that acknowledging past misdeeds can be a
springboard for commitment to a changed future.
Sexuality
Sexuality, social behavior, and personal identity are interrelated in all

human beings, but problems in these areas are intensified during adolescence.
Staff members will encounter problems related to sexual feelings, sex roles,
values, attitudes, and interpersonal relationships between the sexes. Some
residents may be trying to cope with feelings related to sexual abuse. The
adolescent must learn to manage strong sexual impulses. Sexual adjustment
of adolescents with substance use disorders is complicated by other problems
such as the lack of sex education at home or school or having poor role
models. Altogether, there is a risk that the adolescent will develop distortions
in attitude, values, and self-perceptions regarding sex.
TC professionals can best deal with these problems through

management and rules (e.g., rules against sexual contact) and through
providing sex education in seminars as well as dealing with sexual issues
during encounter groups, one-on-one counseling, and special sessions that are
focused on problem solving. Boys' and girls' living spaces should be
separated. The longer term stay and increased contact make TCs a good
environment for counseling and education on HIV infection, AIDS, and safe
sex; the TC can make a real contribution to the young person's life by helping
her understand and practice safe sex.
II. THERAPEUTIC MODATILITIES IN THE PHILIPPINES

A. PAROLE AND PROBATION ADMINISTRATION
WHAT IS TC?
The Therapeutic Community (TC) is an environment that helps

people get help while helping others. It is a treatment environment: the
interactions of its members are designed to be therapeutic within the context
of the norms that require for each to play the dual role of client-therapist. At
a given moment, one may be in a client role when receiving help or support
from others because of a problem behavior or when experiencing distress. At
another time, the same person assumes a therapist role when assisting or
supporting another person in trouble.
HOW DOES TC LOOK LIKE?
The operation of the community itself is the task of the residents,

working under staff supervision. Work assignments, called “job functions”
are arranged in a hierarchy, according to seniority, individual progress and
productivity. These include conducting all house services, such as cooking,
cleaning, kitchen service, minor repair, serving as apprentices and running all
departments, conducting meetings and peer encounter groups.
The TC operates in a similar fashion to a functional family with a

hierarchical structure of older and younger members. Each member has a
defined role and responsibilities for sustaining the proper functioning of the
TC. There are sets of rules and community norms that members upon entry
commit to live by and uphold.
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 responsibility 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 if – go through the motion.
4. There are 5 distinct categories of activity that help promote the change:
• Relational/Behavior Management
• Affective/Emotional/Psychological
• Cognitive/Intellectual
• Spiritual
• Psychomotor/Vocational-Survival Skills
These tools serve more than just the purpose of curbing unproductive
behavior. They are also a means used for enforcing community sanctions on
behavior that undermine the safety and integrity of the community such as
violations of the cardinal rules of TC: NO drugs, NO violence or threat of
violence, NO sexual acting out and NO stealing! Everything an officer does
is meant to erase “street behavior” and to lead the offender to be committed
to “right living”.
When the office gives seminars and tutorials, arranges activities

focused on the Higher Power, conducts games, educational trips and other
recreational activities, we touch on the TC aspect of Intellectual and Spiritual
Dimension. Aside from the role of a direct supervisor, the VPAs may be the
invited resource persons, donors/sponsors, facilitators, lecturers, etc. during
these seminars.
The skills training and livelihood activities fall within the purview of
TC’s Vocational and Survival Skills, so with Medical/Dental Clinics and
Environmental Conservation activities. In this aspect, the VPAs can facilitate
job placement and can tap community resources for clients social and physical
needs.
Therapeutic Community is a tool that the Administration uses to

prepare the client for reintegration to the community as a reformed,
rehabilitated, productive, drug-free and law abiding person.
WHAT IS THE TC MISSION?
To promote human and social transformation among our clients and

among ourselves.
WHAT IS THE TC VISION?
By the end of this decade, TC shall have become the corporate culture
of the Parole and Probation Administration permeating its plans, programs,
and practices, and confirming its status as a model component of the
Philippine Correctional System.
THERAPEUTIC COMMUNITY MODALITY AND RESTORATIVE

JUSTICE
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.
Considering that it is in the community that the rehabilitation of

clients takes place, the utilization of therapeutic community treatment model
coupled with the principles of restorative justice would be further energized
with the recruitment, training and deployment of Volunteer Probation Aides
(VPAs). The VPA program is a strategy to generate maximum participation
of the citizens in the community-based program of probation and parole.
Through the VPAs, the substance of restorative justice is pursued with deeper
meaning since the VPAs are residents of the same community where the
clients they supervise reside. Thus, it is practicable for the volunteers to solicit
support for clients’ needs and assist the field officers in supervising the
probationers, parolees, and pardonees.
The Therapeutic Community treatment modality, Restorative Justice

paradigm and deployment of VPAs integrated into one rehabilitation program
have yielded tremendous outcome in the rehabilitation and reformation of
probationers, parolees, pardonees, and first-time minor drug offenders.
Furthermore, the Agency believes that the client’s family is a major
part or support in the rehabilitation process, thus the Administration adopts
the Integrated Allied Social Services program to address the needs of the
children and other minor dependent of the clients. Under the said program,
interventions relative to the growth and development of the minor dependents
are done to help them become productive, law abiding and effective
individuals.
B. BUCOR AND BJMP THERAPEUTIC COMMUNITY MODALITY

PROGRAM
The Therapeutic Community Modality is a self-help social learning

treatment model used for clients with problems of drug abuse and other
behavioral problems such as alcoholism, stealing, and other anti-social
tendencies.
As a treatment model, it includes four (4) categories:
1. behavior management,
2. intellectual/spiritual aspect,
3. emotional and social aspects, and
4. vocational/survival aspects.
In this regard, the Therapeutic Community Modality provides a well-

defined structure for a synchronized and focused implementation of the
various intervention strategies/activities undertaken by the Agency such as:
1. Individual and group counseling
This activity intends to assist the clients in trying to sort out their
problems, identify solutions, reconcile conflicts and help resolve them. This
could be done either by individual or group interaction with the officers of the
Agency.
2. Moral, Spiritual, Values Formation
Seminars, lectures or trainings offered or arranged by the Agency

comprise these rehabilitation activities. Active NGOs, schools, civic and
religious organizations are tapped to facilitate the activities.
3. Work or Job Placement/Referral
Categorized as an informal program wherein a client is referred for

work or job placement through the officer’s own personal effort, contact or
information.
4. Vocational/Livelihood and Skills Training
The program includes the setting up of seminars and skills training

classes like food preservation and processing, candle making, novelty items
and handicrafts making, etc., to help the clients earn extra income. Likewise,
vocational and technical trade classes are availed of such as refrigeration,
automotive mechanic, radio/television and electronics repairs, tailoring,
dressmaking, basic computer training, etc. through coordination with local
barangays, parish centers, schools and civic organizations.
5. Health, Mental and Medical Services
To address some of the basic needs of clients and their families,

medical missions are organized to provide various forms of medical and
health services including physical examination and treatment, free medicines
and vitamins, dental examination and treatment, drug dependency test and
laboratory examination.
Psychological testing and evaluation as well as psychiatric treatment

are likewise provided for by the Agency’s Clinical Services Division and if
not possible by reason of distance, referrals are made to other government
accredited institutions.
6. Literacy and Education
In coordination with LGU programs, adult education classes are

availed of to help clients learn basic writing, reading and arithmetic. Likewise,
literacy teach-ins during any sessions conducted for clients become part of the
module. This is particularly intended for clients who are “no read, no write”
to help them become functionally literate.
Likewise, linkages with educational Foundation, other GOs and

NGOs are regularly done for free school supplies, bags and uniform for
client’s children and relatives.
7. Community Service
This program refers to the services in the community rendered by

clients for the benefit of society. It includes tree planting, beautification
drives, cleaning and greening of surroundings, maintenance of public parks
and places, garbage collection, blood donation and similar socio-civic
activities.
8. Client Self-Help Organization
This program takes the form of cooperatives and client associations

wherein the clients form cooperatives and associations as an economic group
to venture on small-scale projects. Similarly, client associations serve another
purpose by providing some structure to the lives of clients where they re-learn
the basics of working within a group with hierarchy, authority and
responsibility much like in the bigger society.
9. Payment of Civil Liability
The payment of civil liability or indemnification to victims of

offenders are pursued despite the economic status of clients. Payment of
obligations to the victims instills in the minds of the clients their responsibility
and the consequences of the harm they inflicted to others.
10. Environment and Ecology
To instill awareness and concern in preserving ecological balance and

environmental health, seminars/lectures are conducted wherein clients
participate.
These seminars/lectures tackle anti-smoke belching campaign, organic
farming, waste management, segregation and disposal and proper care of the
environment.
11. Sports and Physical Fitness
Activities that provide physical exertion like sports, games and group
play are conducted to enhance the physical well being of clients. Friendly
competition of clients from the various offices of the sectors, together with
the officers, provide an enjoyable and healthful respite.

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FORBES COLLEGE INC.

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Description of the Course:

1. Encourage research and inquiry on the nature, causes, treatment or

2. Prepare the students for careers in crime prevention, law enforcement,

3. Foster the values of leadership, integrity, accountability and

REVIEW ON THE RELEVANT TOPICS IN INSTITUTIONAL

Corrections in Philippine Setting

CORRECTIONS – is the fourth pillar of the Criminal Justice System

1. Institution-Based Corrections (Institutional Corrections); and

The three executive departments of the government. (Implementation)

A. DOJ – manages the national prisoners

A. Bureau of Corrections (BUCOR) – with a principal task of the

B. Board of Pardons and Parole (BPP) – recommends to the

C. Parole and Probation Administration (PPA) – conducts post-

A. Bureau of Jail Management and Penology (BJMP) has

B. Provincial Local Government Unit operates all provincial jails.

C. Philippine National Police (PNP) likewise maintains detention

C. DSWD – manages sentenced youth offenders.

PHILIPPINE PRISON SYSTEM

1. Bureau of Corrections – under the administration of Department of

- It was renamed from Bureau of Prisons by Executive Order 292

National Prison/Insular Prison

1. Bureau of Prisons/Corrections – Muntinlupa City

a. NBP – Maximum Security Prison

STANDARD ON TREATMENT AND REHABILITATION OF

A. Safety and Orderly

Security – it involves safety measures to maintain the orderliness and

Prison Discipline – It is the state of good order and behavior. It

Preventive Discipline – is the prompt correction of minor deviations

Control – It involves supervision of prisoners to ensure punctual and

Aims of Institutional Security and Control

Essential Requisites for Sound Custody, Security and Control

1. Adequate system of classification of prisoners

Custody – is the guarding or penal safekeeping, it involves security measures

✓ Chairman – assistant warden

Functions of the Disciplinary Board

Authorized Disciplinary Penalties:

✓ No female inmate is subjected to any disciplinary punishment which

Procedure in Hearing Disciplinary Cases

Punishable Acts inside the Jail:

Punishable Acts inside Jail:

Plan for Escapes or Jailbreaks

Commitment and Classification of Prisoners and Detainees

Classification – refers to assigning or to grouping of inmates according to

c. High Value Target (HVT) – a target, either a resource or a person,

d. Security Threat Group – any formal or informal ongoing inmates’

e. Subversive Group – a group of persons that adopts or advocates

g. Violent Extremist Offender (VEO) – a person whose political or

h. Medium Risk Inmates – those who represent a moderate risk to the

i. Minimum Risk Inmates (Ordinary Inmates) – those inmates who

The Classification Movement

Classification and Diversification the Difference

The Classification Process

Objectives of Classification Process

2. Treatment Planning – this will take place in the reception center,

3. Execution of the Treatment Program – this will take place in the

Admission Procedure in Prison

✓ Checking – this include the checking of papers and other documents of

✓ Identification – proper identification of prisoner is done through his

✓ Searching – this involves frisking and searching hidden dangerous

✓ Orientation – this is the reading of rules and regulations of the prisons.

✓ Assignment – prisoner is sending to quarantine unit for a period of