BICOL COLLEGE

College of Criminal Justice Education

R.F. Tabuena cor. J.P. Rizal St.
Sagpon Daraga, Albay

THERAPEUTIC
MODALITIES
(Compilation)

__________________________________________
STUDENT NAME/ BLOCK
 TABLE OF CONTENTS

CONTENT ----------------------------------------------------------------------PAGES

TC PHILOSOPHY ---------------------------------------------------------------2 – 3

CHAPTER I: INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTIONS ----- 4 – 11

CHAPTER II: LAWS ON HUMAN RIGHTS---------------------------------------12 – 24

CHAPTER III: DIFFERENT FORMS OF HUMAN RIGHTS VIOLATION AND

PUNISHMENT ----------------------------------------------------25 – 33

CHAPTER IV: DIFFERENT THERAPEUTIC/TREATMENT MODELS ----------------34 – 43

CHAPTER V: BEHAVIOR SHAPING TOOLS/BEHAVIORAL MANAGEMENT ----44 – 48

CHAPTER VI: PSYCHOLOGICAL AND EMOTIONAL ASPECT ------------------49 – 55

CHAPTER VIII: VOCATIONAL/SURVIVAL SKILLS---------------------------------56 – 58

POST TEST ------------------------------------------------------------------------63 – 66

DEFINITION OF TERMS -----------------------------------------------------------12 – 24

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 TC PHILOSOPHY

I am here because there is no refuge,

finally, from myself.
Until I confront myself
in the eyes and hearts of others,
I am running.
Until I suffer them to share my secrets,
I have no safety from them.
Afraid to be known,
I can know neither myself nor any other,
I will be alone.
Where else but in our common ground,
can I find such a mirror?
Here, together,
I can at last appear clearly to myself,
not as the giant of my dreams,
nor the dwarf of my fears,
but as a person,
part of the whole,
with my share in its purpose.
In this ground I can take root and grow,
not alone anymore, as in death,

but alive to myself and to others.

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 TC PHILOSOPHY
(Tagalog)
Ako’y naririto sapagkat
hindi ko na matakasan ang aking sarili.
Hangang hindi ako nagiging matapat
sa pagpuna sa aking sarili,
sa mata at puso ng iba, ako’y tumatakbo.
Hanggang hindi ko inilalahad
ang labi ng aking mga lihim,
ako’y walang kapayapaan.

Sa malaking takot na sarili’y mabunyag,

di’ko mauunawaan ang aking sarili
at pagkatao ng iba,
sa dilim mananatiling nag-iisa.
Saan pa kundi sa piling ng katulad ko
makikita ang tunay na salamin.
Sama-sama dito sa wakas.
Matatangap ko ang tunay at sariling pagkatao.
Di’ ang baliw ng aking pangarap
o ang alipin ng aking takot.
Sa halip bilang isang tao sakop ng sanlibutan
at may bahagi sa layuning ito.
Sa Lupang ito ako ay makapag-uugat at susupling.
Di’ na ako muling mag-iisa tulad sa kamatayan.
Sa halip may alab ang aking buhay,
sa sarili at kapwa.

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 CHAPTER I: INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTIONS
Review on the Relevant Topics in Institutional and Non-Institutional

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.

CORRECTION vs. PENOLOGY

CORRECTION PENOLOGY
(Penitentiary Science) (Penal Science)
- Branch of Criminology
- Branch of CJS - Study of control and prevention of
- Protection of the society crime through punishment of criminal
offenders

- The custody, supervision and - Francis Lieber – coined the word

rehabilitation of criminal offenders Penology

- Vicomte Jean Jacques Philippe Villain

XIV - Alexander Maconochie
- FATHER OF MODEN - FATHER OF MODERN
PENITENTIARY SCIENCE PENOLOGY

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DIFFERENCE BETWEEN PRISON AND JAIL

PRISON JAIL

- A penitentiary, an institution for the

imprisonment of persons convicted of
major/serious crimes
- A place of confinement for those who are
serving more than 3 years of imprisonment
- A confinement facility having custodial
authority over an individual sentenced by a
court to imprisonment, which is
administered by a national government
- The word PRISON was derived or
originated from the Greco-Roman
“PRESIDIO”
- A place of confinement for those who are
awaiting trial or are those serving short
sentences
- Primarily adult penal institution used for
the detention of law violators, which is
administered by a province, city and
municipality
- The word JAIL derived or originated from
the Spanish word “CAULA/JAULA”
meaning “cage”

INTITUTIONAL CORRECTION NON-INSTITUTIONAL

(Institutional-Based Program) CORRECTION
(Community-Based Program)

- It is referring to any institutions that is

responsible for the rehabilitation and
reformation of the offender whether
- It takes charge of correcting
convicted, on appeal or those waiting for
offender through community-based
trial or decision of the court or by any
program.
competent authority through correctional
facilities.

FUNCTIONS OF CRORRECTIONS:

 Maintenance of institution
 Protections of law-abiding members of the society
 Rehabilitation and reformation of offenders
 Deterrence of crimes

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

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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 Court;
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.

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

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Classification of prisoners - The four (4) main classes of prisoners are: (PD 29)
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 - one who 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.

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 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 ideal 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.

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.

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 were 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 includes the checking of papers and other documents of prisoner by the prison administrator,
such as travel document or commitment order issued by judge.

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  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.

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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 safekeeping 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;

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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 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 Office

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 CHAPTER II: LAWS ON HUMAN RIGHTS

General Nature and Definition of Human Rights

Human Rights
Those rights, which are inherent in our nature and without which, we cannot live as human beings.
It allows us to develop and use our human qualities, intelligence, talents and conscience and to
satisfy our spiritual and other needs, Supreme, inherent and inalienable rights to life, dignity, and self-
development. The essence of these rights makes man human.

Basic Characteristics of Human Rights:

1. Inherent- Not granted by any person or authority.

2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given
away or be forfeited.
4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a long
passage of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other rights
have already been enjoyed.
6. Universal- It applies irrespective of one’s origin, status, or condition, or place were
one lives. Rights can be enforced without a national border.
7. Interdependent-The fulfillment or exercise of one cannot be had without the realization of the
other.

Human Rights Principles:

The dignity of man and human life is inviolable. From the dignity of man is derived the right of
every person to free development of his personality. A legitimate state should exist to assure that
in the discharge of the governmental functions, the dignity that is the birthright of every human
being is duly safeguarded.

Classification of Rights:

1. Natural Rights- God-given rights, acknowledged by everybody to be morally good. Unwritten,

but prevail as norms of the society.
2. Constitutional Rights- Conferred and protected by the constitution and which cannot
be modified or taken away by the law-making body.
3. Statutory Rights- Those rights which are provided by a law promulgated by the law-
making body. May be abolished by the body that created them.

Stages of Human Rights

（1) Idealization-Notions of human rights starts in the realm of ideas that reflect a consciousness
against oppression or inadequate performance of the State.
（2) Politicization - Where the support for the ideas becomes strong, and thus
incorporate them into legal instruments.
（3) Realization-When these rights are already being enjoyed by the citizens by the
transformation of the social, economic, and political order.

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Three obligations of State Parties

（1) Obligation to respect

 Article 2(1) of the ICCPR contain this obligation
 Indicates that the negative character of civil and political rights, commanding the State to
refrain from restricting the exercise of these rights is not expressly allowed.
（2) Obligation to ensure
 Article 2(1) of the ICCPR also encompasses this obligation, that State parties must be proactive
to enable individuals to enjoy their rights

- Article 2(2) of the ICCPR points out that to provide for an effective remedy to victims of human
rights, it must adopt executive, judicial and legislative measures.
（3) Obligation to protect - to prevent private individuals, groups, or entities from
interfering with the individual’s civil and political rights.

SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

 The 1987 Constitution - The Constitution itself is a source not only the Bill of Rights. The
1987 Constitution is the basic source of human law in the Philippines.
 As early as Biak na Bato, our forefathers are conscious of the rights of human beings.
 A novel feature of the 1987 Constitution is the independent constitutional office of the
Commission of Human rights, the first national human rights commission in the world
 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an
independent commission that investigates human rights violations and establishes programs
of education and information to enhance respect for the primacy of human rights.
 This Constitution is sometimes called as "Human Rights Constitution".
 The 1987 Constitution is the seventh Constitution drafted by Filipinos.

International Bill of Rights – U Thant, former Secretary General of the UN called the three (3)
documents and the Optional Protocol to the Covenant on Civil and Political Rights as
"Magna Carta for mankind" and is "the essential prerequisite for peace at home and 1 in the
world".

Universal Declaration of Human Rights (UDHR)

 The Commission on Human Rights of the United Nations drafted the UDHR, while the United
Nations passed it. The chairwoman was former first lady Eleanor Roosevelt. The declaration
was adopted by 48 votes in favor, none against and eight abstentions.
 Carlos Romulo was also there during the drafting of the CHR of the UN.
 The preamble to the UDHR refers to the concepts of inherent human dignity and one
inalienable nature of human inherent. It is also called for inter-cultural consensus by
indicating that a common understanding of the rights and freedoms to is achieve promotion
of universal respect for and observance of human rights and fundamental freedoms.
 The UDHR is the first internationally adopted catalogue of human rights.
 Mary Robinson, former High Commissioner for Human Rights, said that the common
language of humanity, the language of human rights, is enshrined in the UDHR

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 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
(ABBREVIATED)

Article 1 Right to Equality

Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country

Article 14 Right to Asylum in other Countries from Persecution

Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

International Covenant on Civil and Political Rights (ICCPR)

 Adopted unanimously by 106 States and entered into force 1976.

International Covenant on Economic, Social and Cultural Rights

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CIVIL AND POLITICAL RIGHTS

Bill of Rights in the 1987 Constitution:

The Bill of Rights is a regular fixture in all Philippine Constitutions, except in the Biak na Bato
Constitution of 1897.
1935 Constitution, 1973 Constitution, 1986 Freedom Constitution - Bill of Rights 1943
Constitution- Duties and Rights of the Citizens.
1899 Malolos Constitution - The Filipinos and their National and Individual Rights.

Bill of Rights - An enumeration of civil and political rights that are self-executing. It also serves as a
restriction upon the powers of the State in order to preserve constitutional harmony and stability.
Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones
in the private sphere inaccessible to any power holder.

The provisions in the Bill of Rights can be classified into four (4) types.
(1) The completely new provisions.
Section 12(4), 18(1), 19(2)
(2) The old provisions that contain amendments by addition
Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13, 19(1)
(3) The old provisions where words and phrases were amended by deletion.
Section 2, 15
(4) The cd provisions that remained intact.
Section 1, 3(1), 5, 9, 10, 20, 21, 2

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law - this
is the fruit of the negotiations of the government and the rebels.

 The first substantive agreement signed by the Negotiating Panels of the Government of
the Philippines in the Hague, Netherlands.
 This comprehensive agreement consists of seven (7) parts:
 The Preamble - introduces the Agreement and articulates the reasons for and the
intention of the parties.
 Declaration of Principles and Bases, Scope, and Applicability
 Respect for Human Rights Respect for International Humanitarian Law
 Joint Monitoring Committee
 Final provisions

WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans, regardless of their nationality, race, gender, religion,
language, or sexual orientation. The concept of human rights may not be new, but it’s gone through
significant changes over time. In the past, only the rights of privileged groups of people were respected.
In 1948, the newly-formed United Nations General Assembly adopted the Universal Declaration of
Human Rights (UDHR). This codified the necessity of human rights for all. International law, national
constitutions, and other conventions support and expand on the UDHR. What kinds of human rights exist?

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THEORETICAL CATEGORIZATIONS

Some theories help us understand where the concept of current-day human rights comes from.
“Natural rights” are a very old philosophical concept. Related to natural law, natural rights refer to rights
that are universal and inalienable. They are not related to any government or culture. By being human, a
person is entitled to their natural rights. That’s where we get the concept of universal human rights.
Another example of human rights categorization is the distinction between positive rights and negative
rights. The state must provide access to positive rights, like food, housing, education, and healthcare.
Negative rights refer to the freedom from certain things, like slavery, torture, and suppression. It’s the
state’s role to ensure these violations do not occur. In the “three generations” framework of human rights
law, which has most impacted Europe, negative rights are first generation, while positive rights are part
of the second and third generations.

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

Custodial Rights of a Person

Section 12, Article lll of the 1987 Constitution
Sec. 12:
(1) Any person under investigation for the commission of an offense shall have the right to be informed
of his right to remain an 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.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Custodial Investigation is any questioning by law enforcement after a person has been taken into custody
or otherwise deprived of his freedom of action in any significant way. It refers to the investigation
conducted by law enforcement immediately after arrest for the commission of an offense. It begins when
a person has been arrested and brought to the custody of law enforcers in which suspicion is focused on
him in particular and questions are asked from him (the suspect) to elicit admissions or information on
the commission of an offense.

What is the Miranda Doctrine?

The Miranda Doctrine means that prior to questioning during custodial investigation, the person must be
warned that he has the right to remain silent, that any statement he gives may be used as evidence against
him, and that he has the right to the presence of an attorney, either retained or appointed.
The name comes from the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in which the US Supreme
Court laid down the principle of custodial rights of an accused. It held, thus:
"Our holding will be spelled out with some specificity in the pages which follow, but briefly
stated, it is this: the prosecution may not use statements, whether exculpatory or inculpatory,

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 stemming from not custodial interrogation of the defendant unless demonstrates the use of
procedural safeguards effective to secure privilege against self-incrimination. By custodial
investigation we mean questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way. As for
the procedural safeguard to be employed, unless other fully effective means are devised to inform
accused persons of their right of silence and to assure a continuous opportunity to exercise
it, the following measures are required: Prior to any questioning, the person must be warned that
he has the right to remain silent, that any statement he does make may be used as evidence against
him, and that he has a right to the presence of an as attorney, either retained or appointed. The
defendant may waive effectuation of these rights, provided the waiver is made voluntarily,
knowingly and intelligently. If, however, he indicates in any manner and at any stage of the
process that he wishes to consult with an attorney before speaking, there can be no questioning.
Likewise, if the individual is alone and indicates in any manner that he does not wish to be
interrogated, the police may not question him. The mere fact that he may have answered some
questions or volunteered some statements on his own does not deprive him of the right to refrain
from answering any further inquiries until he has consulted with an attorney and thereafter
consents to be questioned."

What are the rights of a person during custodial investigation?

The right to be informed of his rights

-i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This
carries the correlative obligation on the part of the investigator to explain and contemplates
effective communication which results in the subject understanding what is conveyed.
The right to remain silent and to be reminded that anything he says can and will be used against him.
- This refers not only to verbal confessions but also acts. However, mechanical acts that does not
require the use to intelligence (such as providing DNA samples)) or to answers of general
questions are not protected under this right.
The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him
— This right is absolute and applies even if the accused himself is a lawyer. The right is more
particularly the right to independent and competent. An independent counsel is one not hampered
with any conflicts of interest, and a competent counsel is one who is vigilant in protecting the
rights of an accused.
Right against torture, force, violence, threat, intimidation or any other means which vitiate the free will
of the person.
Right against secret detention places, solitary, incommunicado, or other similar forms of detention.
-- Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the Exclusionary
Rule, i.e., it is excluded from the evidence to be considered by the court during trial. Such
confession or admission is tainted and must be suppressed under the “Fruit of the Poisonous Tree”
Doctrine.

REPUBLIC ACT NO. 7438 (April 27, 1992)

- An act defining certain rights of person arrested, detained or under custodial investigation as well
as the duties of the arresting, detaining and investigating officers, and providing penalties for
violations thereof.

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.

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Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in
a language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and
sisters, his spouse.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise, the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the CHR of by any international non-
governmental organization duly accredited by the Office of the President. The person’s
“immediate family” shall include his or her spouse, fiancé, parent or child, brother r sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, custodial investigation” shall include the practice of issuing an “invitation”
to a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the inviting officer for any violation of law

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 .

THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF

PRISONERS (The Nelson Mandela Rules)

RULES OF GENERAL APPLICATION

Basic Principles

RULE 1 All prisoners shall be treated with the respect due to their inherent dignity and values as human
beings. No prisoner shall be subjected to, and all prisoners shell be protected from, torture and other cruel,
inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked
as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured
at all times.

RULE 2 The present rules shall be applied impartially. There shall be no discrimination on the grounds
of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth
or any other status. The religious beliefs and moral precepts of prisoners shall be respected.

RULE 3 Imprisonment 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.

RULE 4 The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty
are primarily to protect society against 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.

RULE 5 The prison regime should seek to minimize any differences between prison life and life at liberty
that tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.

Prisoner file management

RULE 6 There shall be a standardized prisoner file management system in every place where persons are
imprisoned. Such a system may be an electronic database of records or a registration book with numbered
and signed pages. Procedures shall be in place to ensure a secure audit trail and to prevent unauthorized
access to or modification of any information contained in the system.
RULE 7 No person shall be received in a prison without a valid commitment order.

RULE 8 Prisoner’s personal information shall be entered in the prisoner file management system in the
course of imprisonment.

RULE 9 All records referred to in rules 7 and 8 shall be kept confidential and made available only to
those whose professional responsibilities require access to such records. Every prisoner shall be granted
access to the records pertaining to him or her, subject to redactions authorized under domestic legislation,
and shall be entitled to receive an official copy of such records upon his or her release.

RULE 10 Prisoner file management systems shall also be used to generate reliable data about trends
relating to and characteristics of the prison population, including occupancy rates, in order to create a
basis for evidence-based decision-making.

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Separation of categories
RULE 11 The different categories of prisoners shall be kept in separate institutions or parts of institutions,
taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of
their treatment.

Accommodation
RULE 12 Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by
night a cell or room by himself or herself. If for special reasons, such as temporary overcrowding, it
becomes necessary for the central prison administration to make an exception to this rule, it is not desirable
to have two prisoners in a cell or room.

RULE 13 All accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health, due regard being paid to climatic conditions and
particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.

RULE 14 In all places where prisoners are required to live or work:

(a) The windows shall be large enough to enable the prisoners to read or work by natural light
and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial
ventilation;
(b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to
eyesight.
RULE 15 The sanitary installations shall be adequate to enable every prisoner to comply with the needs
of nature when necessary and in a clean and decent manner.
RULE 16 Adequate bathing and shower installations shall be provided so that every prisoner can, and
may be required to, have a bath or shower, at a temperature suitable to the climate, as frequently as
necessary for general hygiene according to season and geographical region, but at least once a week in a
temperate climate.

RULE 17 All parts of a prison regularly used by prisoners shall be properly maintained and kept
scrupulously clean at all times.
Personal hygiene
RULE 18 Prisoners shall be required to keep their persons clean, and to this end they shall be provided
with water and with such toilet articles as are necessary for health and cleanliness.

Clothing and bedding

RULE 19 Every prisoner who is not allowed to wear his or her own clothing shall be provided with an
outfit of clothing suitable for the climate and adequate to keep him or her in good health. Such clothing
shall in no manner be degrading or humiliating.

RULE 20 If prisoners are allowed to wear their own clothing, arrangements shall be made on their
admission to the prison to ensure that it shall be clean and fit for use.

RULE 21 Every prisoner shall, in accordance with local or national standards, be provided with a separate
bed and with separate and sufficient bedding which shall be clean when issued, kept in good order and
changed often enough to ensure its cleanliness.

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Food
RULE 22
1. Every prisoner shall be provided by the prison administration at the usual hours with food of nutritional
value adequate for health and strength, of wholesome quality and well prepared and served.
2. Drinking water shall be available to every prisoner whenever he or she needs it. Exercise and sport

RULE 23
1. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise
in the open air daily if the weather permits.
2. Young prisoners, and others of suitable age and physique, shall receive physical and recreational
training during the period of exercise. To this end, space, installations and equipment should be provided.

Health-care services
RULE 24 The provision of health care for prisoners is a state responsibility. Prisoners should enjoy the
same standards of health care that are available in the community, and should have access to necessary
health-care services free of charge without discrimination on the grounds of their legal status.

Restrictions, discipline and sanctions

RULE 36 Discipline and order shall be maintained with no more restriction than is necessary to ensure
safe custody, the secure operation of the prison and a well-ordered community life.

Instruments of restraint
RULE 47 The use of chains, irons or other instruments of restraint which are inherently degrading or
painful shall be prohibited.
Searches of prisoners and cells
RULE 50 The laws and regulations governing searches of prisoners and cells shall be in accordance with
obligations under international law and shall take into account international standards and norms, keeping
in mind the need to ensure security in the prison. Searches shall be conducted in a manner that is respectful
of the inherent human dignity and privacy of the individual being searched, as well as the principles of
proportionality, legality and necessity.

Information to and complaints by prisoners

RULE 54 Upon admission, every prisoner shall be promptly provided with written information about:
(a) The prison law and applicable prison regulations;
(b) His or her rights, including authorized methods of seeking information, access to legal
advice, including through legal aid schemes, and procedures for making requests or
complaints;
(c) His or her obligations, including applicable disciplinary sanctions; and
(d) All other matters necessary to enable the prisoner to adapt himself or herself to the life of
the prison.

Contact with the outside world

RULE 58
1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends
at regular intervals:
(a) By corresponding in writing and using, where available, telecommunication, electronic,
digital and other means; and
(b) By receiving visits.

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Religion
RULE 65 If the prison contains a sufficient number of prisoners of the same religion, a qualified
representative of that religion shall be appointed or approved. If the number of prisoners justifies it and
conditions permit, the arrangement should be on a full-time basis.
Retention of prisoners’ property
RULE 67 All money, valuables, clothing and other effects belonging to a prisoner which he or she is not
allowed to retain under the prison regulations shall on his or her admission to the prison be placed in safe
custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good
condition.
Notifications
RULE 68 Every prisoner shall have the right, and shall be given the ability and means, to inform
immediately his or her family, or any other person designated as a contact person, about his or her
imprisonment, about his or her transfer to another institution and about any serious illness or injury. The
sharing of prisoners’ personal information shall be subject to domestic legislation.
Investigations
RULE 71 Notwithstanding the initiation of an internal investigation, the prison director shall report,
without delay, any custodial death, disappearance or serious injury to a judicial or other competent
authority that is independent of the prison administration and mandated to conduct prompt, impartial and
effective investigations into the circumstances and causes of such cases. The prison administration shall
fully cooperate with that authority and ensure that all evidence is preserved.
Removal of prisoners
RULE 73
1. When prisoners are being removed to or from an institution, they shall be exposed to public view as
little as possible, and proper safeguards shall be adopted to protect them from insult, curiosity and
publicity in any form.
2. The transport of prisoners in conveyances with inadequate ventilation or light, or in any way which
would subject them to unnecessary physical hardship, shall be prohibited.
3. The transport of prisoners shall be carried out at the expense of the prison administration and equal
conditions shall apply to all of them.
Institutional personnel
RULE 74 The prison administration shall provide for the careful selection of every grade of the personnel,
since it is on their integrity, humanity, professional capacity and personal suitability for the work that the
proper administration of prisons depends.
Internal and external inspections
RULE 83
1. There shall be a twofold system for regular inspections of prisons and penal services:
(a) Internal or administrative inspections conducted by the central prison administration; (b) External
inspections conducted by a body independent of the prison administration, which may include competent
international or regional bodies.
2. In both cases, the objective of the inspections shall be to ensure that prisons are managed in accordance
with existing laws, regulations, policies and procedures, with a view to bringing about the objectives of
penal and corrections services, and that the rights of prisoners are protected.

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 RULES APPLICABLE TO SPECIAL CATEGORIES
Guiding principles
A. Prisoners under sentence
RULE 86 The guiding principles hereafter are intended to show the spirit in which penal institutions
should be administered and the purposes at which they should aim, in accordance with the declaration
made under preliminary observation 1 of these rules.

Treatment
RULE 91 The treatment of persons sentenced to imprisonment or a similar measure shall have as its
purpose, so far as the length of the sentence permits, to establish in them the will to lead law-abiding and
self-supporting lives after their release and to fit them to do so. The treatment shall be such as will
encourage their self-respect and develop their sense of responsibility.

Classification and individualization

RULE 93
1. The purposes of classification shall be:
(a) To separate from others those prisoners who, by reason of their criminal records or characters,
are likely to exercise a bad influence;
(b) To divide the prisoners into classes in order to facilitate their treatment with a view to their
social rehabilitation.
2. So far as possible, separate prisons or separate sections of a prison shall be used for the treatment of
different classes of prisoners.
Privileges
RULE 95 Systems of privileges appropriate for the different classes of prisoners and the different methods
of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of
responsibility and secure the interest and cooperation of prisoners in their treatment.

Work
RULE 96 Sentenced prisoners shall have the opportunity to work and/or to actively participate in their
rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified
health-care professionals.
Education and recreation
RULE 104 Provision shall be made for the further education of all prisoners capable of profiting thereby,
including religious instruction in the countries where this is possible. The education of illiterate prisoners
and of young prisoners shall be compulsory and special attention shall be paid to it by the prison
administration.
Social relations and aftercare
RULE 106 Special attention shall be paid to the maintenance and improvement of such relations between
a prisoner and his or her family as are desirable in the best interests of both.

B. Prisoners with mental disabilities and/or health conditions

RULE 109
1. Persons who are found to be not criminally responsible, or who are later diagnosed with severe mental
disabilities and/or health conditions, for whom staying in prison would mean an exacerbation of their
condition, shall not be detained in prisons, and arrangements shall be made to transfer them to mental
health facilities as soon as possible.

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C. Prisoners under arrest or awaiting trial
RULE 111
1. Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in
police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to
as “untried prisoners” hereinafter in these rules.
2. Unconvicted prisoners are presumed to be innocent and shall be treated as such.
3. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to
be observed in respect of untried prisoners, these prisoners shall benefit from a special regime which is
described in the following rules in its essential requirements only.

D. Civil prisoners
RULE 121 In countries where the law permits imprisonment for debt, or by order of a court under any
other non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or
severity than is necessary to ensure safe custody and good order. Their treatment shall be not less
favourable than that of untried prisoners, with the reservation, however, that they may possibly be required
to work.

E. Persons arrested or detained without charge

RULE 122 Without prejudice to the provisions of article 9 of the International Covenant on Civil and
Political Rights,3 persons arrested or imprisoned without charge shall be accorded the same protection as
that accorded under part I and part II, section C, of these rules. Relevant provisions of part II, section A,
of these rules shall likewise be applicable where their application may be conducive to the benefit of this
special group of persons in custody, provided that no measures shall be taken implying that re-education
or rehabilitation is in any way appropriate to persons not convicted of any criminal offence.

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 CHAPTER III: DIFFERENT FORMS OF HUMAN RIGHTS VIOLATION AND
PUNISHMENT
Nature of Punishment

Punishment is a means of social control. It is a device to cause people to become cohesive and
to induce conformity. People believe that punishment is effective as a means of social control but this
belief is doubtful. There is no question, however, that some forms of punishment are more effective in
one society than in another. For example, punishment in a small well bordered community, where people
practically know everybody, is more effective in inducing conformity than in a highly mobile metropolitan
city.
The general concept of punishment is that it is infliction of some sort of pain on the offender for
violating the law. This definition is not complete in the sense that it does not mention the condition under
which punishment is administered or applied. In the legal sense, it is more individual redress, or personal
revenge. Punishment, therefore, is defined as the redress that the state takes against an offending member.

Purposes of Punishment
Punishment has five (5) recognized purposes:
1. Deterrence
2. Incapacitation
3. Rehabilitation
4. Retribution
5. Restitution

Early Forms of Punishments:

 Flogging – it is the whipping of a stick, rope or leather to a person who violates the law. The
famous whip was the Russian knot made out of leather thongs with fishhook like wires. A few
strides with this knot produced serious lacerations and often resulted in much blood loss. Another
type of whips is the cat-o-nine tails, which is made of nine strands of leather or rope.
 Mutilation – it is the cutting of some parts of the offender’s body. Throughout history various
societies have tongues ripped out, and pickpockets have suffered broken fingers.
 Branding – was used as a lesser form of mutilation, the Romans, Greeks, French, British and
many other societies have all used branding. In 1829, the British parliament officially eliminated
branding as a punishment of crime. Offenders who are branded have an identifying mark on the
hand if he repeats its violation the marking is placed at the forehead.
 Public Humiliation – it gives an opportunity of the members of the community to take its
vengeance. Offenders are sent to the stock or pillory found themselves captive and on public
display. They will be heckled and split upon by passers-by. Other citizens might gather to throw
tomatoes or rotten eggs. On occasions, citizen who were particularly outraged by the magistrate
or nature of the offense would substitute rock to end the offender’s life.
 Exile or Banishment – the ancient Hebrew periodically forced a sacrificial goal symbolically
carrying the tribes’ sin into the wildness, a practice which has given us the modern word
“scapegoating”. Since then, many societies have banished “sinners” directly. The French sent
criminal offenders to devil’s island; Russian’s had used Siberia as the land where banished people
are sent. England sent their prisoners to America beginning in 1618, the British program of exile,
is known as “transportation”, which served the dual purpose of providing a captive labor force
for the development of the colonies, as they oppose the corporal punishment.

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Justifications of Punishment
Retribution
In primitive days, punishment of the transgressor was carried out in the form of personal vengeance.
Oftentimes, the retaliatory act resulted to infliction of greater injury or loss than the original crime.
Punishment therefore became unending vendetta between the offender and the victim. Later, an attempt
was made to limit the retaliation to the degree of injury inflicted, thus the philosophy of “an eye for an
eye” evolved. During these periods, nearly all offenses that are now included in criminal codes as public
crimes, were considered private offenses for which the victims were allowed their redress through
personal vengeances.
Expiation or Atonement
This theory or justification of punishment was also advocated during the pre-historic days. A sort of
common understanding and sympathetic feeling developed in the group. An offense committed by a
member against another member of the dame clan or group aroused the condemnation of the whole group
against the offending member.
The group would therefore demand that the offender be punished. When punishment is exacted visibly or
publicly for the purpose of appeasing the social group, the element of expiation is present. Expiation is
therefore, group vengeance as distinguish from retribution which is personal vengeance.
Deterrence
It is commonly believed that punishment gives a lesson to the offender; that it shows other what would
happen if they violate the law; and that punishment holds crime in check. This is the essence of deterrence
as a justification for punishment.
Deterrence prevents future crime by frightening the defendant or the public. The conception of deterrence
presumes that the person thinks before he acts and that all he has to do is to think of the consequences and
then he will be deterred.
Protection
Protection as a justification of punishment came after prisons, were fully established. People believe that
by putting the offender in prison, society is protected from his further criminal depredation. If this were
so, vicious and society is protected from his further criminal depredation. If this were so, vicious and
dangerous criminals should be made to serve long terms of imprisonment. Recidivism and habitual
delinquency laws are expected to attain this end.
Reformation
This is the latest justification of punishment. Under this theory, society can best be protected from crime
if the purpose of imprisonment is to reform or rehabilitate the prisoner. Advocates of this theory contend
that since punishment does not deter; in as much as imprisonment does not protect society from further
commission of crimes because the greater portion of the criminal population is at large; and because
prisoners stay in prison for a short time, from 3 to 5 years only, society’s interest can best be served by
helping the prisoner become a law-abiding and productive citizen upon his return to the community by
making him undergo an intensive program of rehabilitation in prison.

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LIMITATIONS OF PUNISHMENT
Punishment has certain limitations on the offender, in spite of the above-enumerated justifications, are:
1. Punishment makes the criminal cautious about concealing his criminal activities
2. Stigmatizes him and isolates him from society; makes him a martyr or a hero; and develops in him an
antisocial grudge and a strong resentment of authority.
3. Punishment on the other hand does not deter; does not repair damage to society; or reconstruct the
personality of the offender

HUMAN RIGHT VIOLATIONS

- A state commits human right violations either directly or indirectly.
Violations can either be intentionally performed by the state and or come as a result of the state failing
to prevent the violation. When a state engages in human rights violations, various actors can be
involved such as the police, judges, prosecutors and more. The violation can be physically violent in
nature, such as police brutality, while rights such as the right to a fair trial can also be violated, where
no physical violence is involved.
The second type of violation – failure by the state to protect- occurs when there’s a conflict between
individuals or groups within a society. If the state does nothing to intervene and protect vulnerable
people and groups, it’s participating in the violations. In the US, the state failed to protect black
Americans when lynchings frequently occurred around the country. Since many of those responsible
for the lynching’s were also state actors, this is an example of froth types of violations occurring at the
same time.

EXAMPLES OF HUMAN RIGHTS VIOLATIONS

 Civil and Political Rights

These rights are violated through genocide, torture and arbitrary arrest. These violations often happen
during times of war, and when a human rights violation intersects with the breaking of laws about
armed conflict, it’s known as a war crime.
Conflict can also trigger violations of the right to freedom of expression and the right of peaceful
assembly. States are usually responsible for the violations as they attempt to maintain control and
push down rebellious societal forces.
Violations of civil and political human rights aren’t always linked to specific conflicts and can occur
at any given time. Human trafficking is currently one of the largest issues on a global scale as millions
of men, women, and children are forced into labor and sexual exploitation. Religious discrimination
is also very common in many places around the world. These violations often occur because the state
is failing to protect vulnerable groups.

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 Economic, Social and Cultural Rights
These rights include the right to work, the right to education and the right to physical and mental
health. As is the case with all human rights, economic, social and cultural rights can be violated by
states and other actors. The following are the examples of these violations:
 Contaminating water
 Evicting people by force from their homes
 Denying services and information about health
 Discriminating at work based on traits like race, gender and sexual orientation
 Failing to provide maternity leave
 Not paying a sufficient minimum wage
 Segregating students based on disabilities
 Forbidding the use of minority/indigenous languages

Who is ultimately responsible for ensuring human rights violations don’t happen?
In human rights treaties, states bear the primary burden of responsibility for protecting and
encouraging human rights. When a government ratifies a treaty, they have a three-fold obligation. They
must respect, protect and fulfill human rights. When violations occur, it’s the government’s job to
intervene and prosecute those responsible. The government must hold everyone accountable.
This doesn’t mean that members of civil society don’t also have a responsibility to prevent human
rights violations. Businesses and institutions must comply with discrimination laws and promote equality,
while every individual should respect the rights of others. The international community also has an
obligation to monitor governments and their track records with human rights. Violations occur all the
time, but they should always be called out.
Basic Principles for the Treatment of Prisoners
Adopted and proclaimed by General assembly Resolution 45/111 of December 14, 1990
1. All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.
2. There shall be no discrimination on the grounds of race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which
prisoners belong, whenever local conditions so require.
4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime
shall be discharged in keeping with a State's other social objectives and its fundamental responsibilities
for promoting the well-being and development of all members of society.
5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all
prisoners shall retain the human rights and fundamental freedoms set out in the Universal
Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on
Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and
the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants.
6. All prisoners shall have the right to take part in cultural activities and education aimed at the full
development of the human personality.
7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its
use, should be undertaken and encouraged.
8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment
which will facilitate their reintegration into the country's labour market and permit them to contribute to
their own financial support and to that of their families.

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9. Prisoners shall have access to the health services available in the country without discrimination on the
grounds of their legal situation.
10. With the participation and help of the community and social institutions, and with due regard to the
interests of victims, favorable conditions shall be created for the reintegration of the ex-prisoner into
society under the best possible conditions.
11. The above Principles shall be applied impartially.

WHAT IS RESTORATIVE JUSTICE?

Restorative Justice is a process through which remorseful offenders accept responsibility for their
misconduct, particularly to their victims and to the community. It creates obligation to make things right
through proactive involvement of victims, ownership of the offender of the crime and the community in
search for solutions which promote repair, reconciliation and reassurance. Thus, the restorative justice
process is actively participated in by the victim, the offender, and/or any individual or community member
affected by the crime to resolve conflicts resulting from the criminal offense, often with the help of a fair
and impartial third party. Examples of restorative process include mediation, conferencing,
sentencing/support circle and the like. The restorative outcome is the agreement obtained as a product of
a restorative justice process. Examples of restorative outcomes include restitution, community work
service and any other program or response designed to accomplish reparation of the victim, and the
reintegration of the victims and/or offenders.
HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?
The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a member-
country, through a draft resolution, recommended to the Economic and Social Council of the United
Nations Organization (UNO), the adoption of the “Basic Principles on the Use of Restorative Justice
Programmes in Criminal Matters”. The said document is a formulation of UN Standard in the field of
mediation and restorative justice. The Philippines, being a signatory member-country should ensure
adoption of this resolution.
Consequently, the goal of the government is to establish a more enlightened and humane correctional
system that will promote the reformation of offenders and thereby reduce the incidence of recidivism.
This is in line with the applicable laws, rules, and policies mandating this Agency to administer the Parole
and Probation System in the country. As such, the Parole and Probation Administration (PPA) is
empowered to create innovative policies, programs, and activities to facilitate the reintegration of its
clientele into the mainstream of society and consequently prevent the commission of crime. Therefore,
PPA adopts Restorative Justice as one of its rehabilitation programs which utilizes restorative processes
and aims to achieve restorative outcomes.
WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM
OF PPA?
Reintegration of the offenders to the social mainstream and encouraging them to assume active
responsibility for the injuries inflicted to the victims;

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Proactive involvement of the community to support and assist in the rehabilitation of victims and
offenders;
Attention to the needs of the victims, survivors and other persons affected by the crime as participating
stakeholders in the criminal justice system, rather than mere objects or passive recipients of services of
intervention that may be unwanted, inappropriate or ineffective;
Healing the effects of the crime or wrongdoing suffered by the respective stakeholders; and
Prevention of further commission of crime and delinquency.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?

A. During the Investigation Stage
Information such as victims’ version of the offense, effect of victimization to their lives, families, future,
and plans, and victims’ appreciation on how the damage/harm inflicted by the crime can be repaired and
healed are gathered to serve as input in the post-sentence investigation (PSI) or pre-parole/executive
clemency investigation (PPI) reports prepared by the investigating officer to be submitted to the Court
and the Board of Pardons and Parole, respectively. These data are vital in the conduct of restorative justice
processes during the supervision phase.
Soliciting stakeholders’ interest for their introduction to the restorative process commences during this
stage.
B. During the Supervision Stage
Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in the client’s
Supervision Treatment Plan (STP). In applying the various restorative justice processes for the client’s
rehabilitation, the supervising officer observes the following points:
The parties are brought within the program out of their own volition. Parties have the right to seek legal
advice before and after the restorative justice process;
Before agreeing to participate in the restorative justice process, the parties are fully informed of their
rights, the nature of the process, and the possible consequences of their decision;
Neither the victim nor the offender is induced by unfair means to participate in restorative justice
processes or outcomes;
Discussion in restorative justice processes should be highly confidential and should not be disclosed
subsequently, except with the consent of the parties, and should not be used against the parties involved;
Where no agreement can be made between the parties, the case is withdrawn from the restorative justice
process; and
In the event agreement is reached by parties, it is put in writing to give substance/essence to the agreement.
The failure to implement any provision of the agreement made in the course of the restorative justice
process is a basis for the withdrawal of the case from the program.
WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?
A Probation and Parole Officer assigned to handle investigation and supervision caseloads acts
as restorative justice planner. As such, he/she undertakes the following responsibilities:
1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case for
Peacemaking Encounter;
2. Conducts dialogue to explore the possibility of restorative justice process;

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 3. Coordinates/collaborates with responsible members and leaders of community for their
participation in the conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares case notes reflective of restorative justice values and utilizing the following points:
7. Impact of crime and effect of victimization
8. Victim inputs and involvement opportunities
9. Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or the
community.
A CPPO engages in the following responsibilities:
1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and sets direction
to realize success of the process.
WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING THE
RESTORATIVE JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING FROM THE
CRIMINAL OFFENSE?
The clients must admit the offense to be eligible for the conference, and if possible, they should be
encouraged to take full responsibility;
A personal visit by the Restorative Justice planner may be necessary to solicit interest and willingness of
stakeholders to participate in the restorative process;
The victims’ preference for the time, date and place of the meeting should be given greatest weight;
Restorative Justice planners should also get in touch with community strengths to serve as facilitator like
local officials, members of the Lupon Tagapamayapa or any responsible and respected personalities in
the locality;
A pre-conference meeting with the selected facilitators prior to the actual conduct of peace encounter
conference should be set to carefully plan for all the details, from the sitting arrangements and
refreshments to the box of tissue papers which incidentally would let participants know that display of
emotions is okay;
A pre-conference meeting could likewise be arranged separately with individual stakeholders to explain
the process and other vital details of the conference;
The Restorative Justice planner should ensure that everyone knows how to get to the location site of the
conference;
Facilitators should ensure that the conference shall be conducted without interruption in a comfortable
location and shall secure the safety of all stakeholders;
Stakeholders shall also be consulted relative to the composition of the panel of facilitators. Any party may
move to oppose the inclusion of persons by reason of relationship, bias, interest or other similar grounds
that may adversely affect the process; and
Indigenous system of settling differences or disputes shall accordingly be recognized and utilized to
conform with the customs and tradition of that particular cultural community.

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WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
Peacemaking Encounter is a community-based gathering that brings the victim, the victimized
community, and the offender together. It supports the healing process of the victims by providing a safe
and controlled setting for them to meet and speak with the offender on a confidential and strictly voluntary
basis. It also allows the offender to learn about the impact of the crime to the victim and his/her family,
and to take direct responsibility for his/her behavior. Likewise, it provides a chance for the victim and the
offender to forge a mutually acceptable plan that addresses the harm caused by the crime.
As a community-based decision model, the Agency Peacemaking Encounter is being implemented
through the following processes:
1. Victim/Offender Mediation – a process that provides an interested victim an opportunity to meet
face-to-face his/her offender in a secured and structured setting or atmosphere, with the help of a
trained mediator, and engage in a discussion of the past offense and its impact to his/her life. Its
goal is to support the healing process of the victim and allow the offender to learn the impact of
his/her offense on the victim’s physical, emotional and financial existence, and take direct
responsibility for his/her behavior by mutually developing a Restorative Justice plan that
addresses the harm caused by the said offense.
2. Conferencing – a process which involves community of people most affected by the crime – the
victim and the offender and their families, the affected community members and trained
facilitators and community strength – in a restorative discussion of issues and problems arising
from an offense or coincidence which affects community relationship and tranquillity. Facilitated
by a trained facilitator, the above parties are gathered at their own volition to discuss how they
and others have been harmed by the offense or conflict, and how that harm may be repaired and
broken relationship may be restored.
3. Circle of Support – a community directed process organized by the field office and participated
in by the clients, the Volunteer Probation Aides (VPAs) and selected members of the community
in the discussion of the offense and its impact. Within the circle, people freely speak from the
heart in a shared search for understanding the incident, and together identify the steps necessary
to assist in the reconciliation and healing of all affected parties and prevent future crime or
conflict.
In the Agency, the circle of support is facilitated by trained Probation and Parole Officers, Volunteer
Probation Aides or selected community leaders who offered their services free of charge to serve as
facilitator or keeper.
In implementing this process, the probation and parole officer should be the facilitator who is sensitive to
the needs of the victim. Likewise, the probation and parole officer should exert effort to protect the safety
and interest of the victim.
WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING
THE RESTORATIVE JUSTICE PROCESS?
As a result of the restorative justice process, the following outcomes or interventions may be agreed upon
by parties in a Restorative Justice discussion, such as, but not limited to:
A. Restitution - is a process upon which the offender accepts accountability for the financial and/or non-
financial losses he/she may have caused to the victim. Restitution is a “core” victim’s right which is very
crucial in assisting the redirection of the victim’s life. Part of the conditions of probation as imposed by
the Court is the payment of civil liability to indemnify the victim of the offender, and to inculcate to the
offender a sense of responsibility and obligation towards the community.

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 Consequently, the probation and parole officer should see to it that the offender complies with this
condition.
B. Community Work Service
Community Work Service, whether imposed as a condition of offender’s conditional liberty or integral
part of his treatment plan, should be purposely motivated to make the offender realize that he/she incurred
an obligation to make things right. In its application, the offender can be subjected to perform work service
measures, including, but not limited to any of the following:

1. Mentoring and Intergenerational Service – offenders will develop their nurturing needs thru
caring for other people; example: with senior citizens, with orphanages, or with street children.
2. Economic Development – to link directly with the business project; examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration, garbage and
waste management, cleaning of esteros, recycling, construction, repair of streets, and the like.
3. Citizenship and Civic participation-experiential activities which involve solving community
problems; examples: puppet shows that showcase values, street dramas, peer counseling.
4. Helping the Disadvantaged – this will enhance offender’s self-esteem; examples: assist
handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
5. Crime Prevention Project – examples: Brgy. Ronda, giving testimony to the youth.
The probation and parole officer should ensure the adoption of these community work services to facilitate
the reintegration of the offender in the community.
C. Counseling (whether individual, group or family)
It will enhance client’s interpersonal relationship and it will help him/her become more aware of his/her
shortcomings/weaknesses. This will also help him/her overcome painful experiences that drove him/her
to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
An intervention which provides recovering drug dependents or those with serious behavioral
problems an opportunity to discuss their problems.
G. Spiritual development session/faith-based session
H. Submission to psychological/psychiatric assessment
I . Submission to drug test/drug dependency examination
J. Attendance to skills training/livelihood assistance program

K. Marital enhancement program

L. Written or oral apology

M. Submission to family therapy session
This session aims to develop healthy personal relationship within the family and to establish open
positive communication between family members and significant others. Family members should be
oriented in their individual responsibilities and roles.
N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare

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 CHAPTER IV: DIFFERENT THERAPEUTIC/TREATMENT MODELS
Therapeutic Community: An Overview
What is TC?
- According to PPA, it 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.
- It is a self-help mutual help treatment approach that utilizes the power of positive peer pressure and
role modeling to effect change.
- As per the BJMP, it is a self-help and mutual-help social learning treatment model which utilizes the
community as the primary therapeutic vehicle to foster behavioral and attitudinal change. Positive peer
communications in a mutual-help environment is a process designed towards the development of social
networks through positive social interactions and bonding that can offer support during treatment
environment.
- As defined by the BUCOR, it represents an effective, highly structured environment with defined
boundaries, both moral and ethical and the primary goal is to foster personal growth. This is accomplished
by reshaping an individual’s behavior and attitudes through the inmate’s community working together to
help themselves and each other, restoring self-confidence and preparing them for the re- integration into
their families and friends as productive members of the community.
HISTORY AND DEVELOPMENT OF TC
o Throughout recorded history, men have formed groups. The individual motives are varied.
However, the earliest groups to be formed which appeared to have subconscious or unstated
psychotherapeutic goals were probably religious in nature. Christians comes together to give and
receive mutual support available nowhere else outside the group.
o Early 1700 - Anton Mesmer conducted group sessions for the purpose of treating behavioral
disorder.
o 1729 – John and Charles Wesley organized small religious club at Oxford University
o 1738 – numerous “hands” or group known as “Methodist” because of their methodical habits were
organized. Each group consists of 5 – 10 members who speak from the heart to discuss their faults
and accept criticism. Called confessional encounter session rules were laid out by John Wesley
and members of the group are segregated according to sex and marital status.
o 1909 – A Lutheran Minister, Frank Buchman enriched the group psychotherapeutic movement
establishment the Oxford group. Religious in nature, the group required each member to role
model or share before the whole group. Homogenous only with regard to its members being
failures or sinners, the dimension of complete degradation or confession was added as a
prerequisite for joining the group.
o Post-World War Era – Dr. Maxwell Jones contributed significantly to the development of social
structure of the psychotherapeutic community: (1) establishment of two-way communication; (2)
decision0making machinery at all levels; and (3) development of a therapeutic culture reflecting
the attitudes and beliefs of patients and staff and highlighting the importance of roles and
relationships.

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 o Mid 1940 – present – number of self-help group mushroomed as individuals with behavior
characteristics which society considered deviant- such as Gamblers Anonymous and Bi-society.
The most notable and generally acknowledged as the first significant model was a community
called Synanon, established in 1959 in California by Charles E. Dederich, a recovered alcoholic
o 1963 – a small staff of ex addicts started a therapeutic community for drug abusers in New York
State based on the original synanon model. There was a fundamental difference, tat of returning
the client to the mainstream if the society as a mature, responsible and productive citizen.
Daytop Village Inc – Founder President Monsignor William O’ Brien

TC IN THE PHILIPPINE SETTING

o Started as early as 1970s – DARE at Bicutan

o 1997 – was introduced to the Philippine National Correctional Agencies and other national
agencies on 1997 by Daytop, New York with the PPA as the lead agency.
The six-part module that ran from 1996 – 1999 was participated in by representatives from
BJMP, PPA, DDB, NBI and DSWD. The training was under the auspices of the Bureau of
Internal Narcotics Law and Enforcement Affairs, USA.

TC IMPLEMENTATION IN THE CORRECTIONAL AGENCIES:

o July to August 1998 – TC Modality was pilot tested by the Olongapo City PPO
o 2020 - DOJ-PPA Full Implementation
o 2015 – BJMP

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.

SALIENT FEATURES OF TC

1) The Community as the Therapist

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) Precepts of Right Living
TC adheres to precepts of right living: Truth/honesty; Here and Now; Personal responsibility for
destiny; Social responsibility; Moral Code; Inner person is “good” but behavior can be “bad”; Change
is the only certainty; work ethics; Self-reliance; Psychological converges with philosophical.

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3) TC is a Place Where….
- One can change and unfold;
- The group can foster change;
- Individuals must take responsibility;
- Structures must accommodate this;
- Act as if – go through the motion
4) Five Distinct Categories of TC
There are five (5) distinct but overlapping categories of activities that help promote the change:
- Relational/Behavioral Management
- Affective/Emotional/Psychological
- Cognitive/Intellectual
- Spiritual
- Psychomotor/Vocational-Survival Skills
These tools serve more than just the purpose f curbing unproductive behavior. They are also
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!
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.

THEORETICAL FOUNDATION OF THERAPEUTIC COMMUNITY

Theories Behind the TC Tools:

1. Bandura’s Social Learning Theory – “You alone can do it but you cannot do it Alone!”; use of
positive peer pressure and role modeling
2. Psychoanalytic Theory – Sigmund Freud – identifying defensive mechanisms; importance of
insights
3. Cognitive Dissonance Theory – “Going through the motions… to achieve congruency”
4. Behavior Modification – Skinner’s experiment; Operant conditioning, Coercion, Rewards and
punishment
5. Social Bond Theory – Family Dynamics
6. Existential Psychology – Emphasis on the “Here and Now”; Universality of Human Condition
7. Humanistic Psychology – Empowering a person to help himself; belief in the basic goodness of
man
8. Transtheoretical Model of Change – Procheska and Di’ Clemente- process of change

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MAJOR TREATMENT COMPONENTS

 Cognitive Behavioral Therapy - form of psychotherapy that teaches people strategies to identify and
correct problematic behaviors in order to enhance self-control, stop drug use and address a range of
other problems that often co-occur with them.
 Motivational Interviewing is an evidence-based treatment and counseling style that helps patients
explore and resolve ambivalence about changing their behavior in a focused and goal-directed way.
 Community as method” is an essential and defining approach of TCs in which a participating in a
mutual-help community drives individual change and the attainment of therapeutic goals.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) IMPLEMENTATION OF THE

THERAPEUTIC COMMUNITY MODALITY PROGRAM (TCMP)

Phases of Treatment

PHASE I – ENTRY/ORIENTATION

Upon the commitment of the inmate, a resident is placed on orientation at the Reception and
Diagnostic room/Orientation room. In here, he is acquainted with the TC program:
- The rules and norms of the community
- TC concepts, written and unwritten philosophy
- The staff and the members of the community
- The tools of the house
- Job functions and TC hierarchy

He is then assigned a static group and a big brother who will provide him with support and will
walk him through the orientation phase. At this phase, the resident is handled gently and is expected to
commit mistakes in the process of learning the program. Sanctions on negative behavior are usually light
with emphasis on teaching.

PHASE II – PRIMARY TREATMENT

After proper orientation on the different TC concepts and tools, the norms and rules of the
community and the staff members, the resident is now ready to undergo the treatment proper. He becomes
a part of the community starting as a crew member of the housekeeping department until he gradually
ascends in the hierarchy. He must be knowledgeable on the following:
 Proper use of the different tools to address personal issues and concerns and shape behavior
 Managing own feelings and learning how to express self appropriately
 Learning how to follow the rules and norms of the community
 Maximize participation in activities that are appropriate to the resident’s need for growth
 Learning how to trust the environment by disclosing self to the community and develop insight
in the process
 Developing positive coping skills to deal with difficult life situations
 Enhancing educational and vocational skills to make him productive
 Improve social skills and recognize the importance of other people’s help in shaping behavior

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PHASE III – PRE-RE-ENTRY

Under regular circumstances, the resident is expected at this stage to have internalized the TC
values and concept to start life afresh. However, in the jail setting where entry and release are not within
the jail control, residents may not have reached this phase of treatment before they even leave the jail
facility.
Regardless of the resident’s length of stay, he is expected to undergo this phase prior to release
into society. At this phase, the resident is expected to have proven his ability to take on more responsibility
hence needs lesser supervision. He is considered a role model in TC community. He should focus on the
following learning:
 Rebuilding of social and family ties
 Going up the ladder of hierarchy by showing leadership
 Realization of his full potential to be a productive member of society
 Mapping out of plans

PHASE IV – RE-ENTRY

In the ideal setting, a resident at this stage is now ready to be released back to society as he has
demonstrated adequate self-control and discipline. The inmate Is now preparing for his life outside of jail
and is focused on making himself a productive citizen. He may start planning for job hunting and
rebuilding family ties and relationships.
In the jail setting, the residents will stay inside the jail until their cases are resolved or they have
been convicted and need to be remanded to the BUCOR.

The resident must focus on the following:

o Transition to life outside of jail
o Creating a new lifestyle applying the tools and concept of TC
o Learning positive coping skills to deal with day-to-day situations
o Re-establishing and strengthening family ties and support group.
o Reintegration into the mainstream of society.

PHASE V – AFTERCARE
Aftercare is an outpatient program that requires clients to report twice a week to an outreach
center. They are required to attend group sessions to ensure their adjustment to life outside jail to reduce
recidivism. For clients released from jail, they are referred to the PPA nd the LGSs for follow up and
aftercare. The clients are focused on the following:
- Maintaining positive behavior and prevent recidivism
- Strengthening coping mechanism
- Maintaining relationships and support mechanism
- Sustaining interest in job or vocation to maintain livelihood
- Integration into society
STANDARD PARAMETERS FOR JAIL TCMP
A. Physical Environment
 The internal and external environment is comfortable, clean and welcoming.
 TC Philosophy and unwritten philosophies are visibly posted around the facility.
 Hierarchical structure and daily activities are displayed.
 There is adequate space to hold activities and rooms for specific meetings that require privacy.

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  A clean and well-maintained kitchen that complies with the sanitary standards of BJMP.
 Provision of recreation areas both indoors and outdoors.
 The dining area is equipped with enough tables and chairs to accommodate the inmates.
 Adequate sanitary toilets and bathrooms that provide privacy to users.
 Adequate space for sleeping and habitation that respects the individual’s personal space.
B. TCMP Staff
 The TCMP staff has undergone proper training on TCMP
 Presence of a permanent TCMP staff to supervise the program and conduct the various activities.
 The TCMP staff will not be transferred to other jails until properly covered by anther TC trained
staff
 There is proper shift turn-over of TC trained staff on a daily basis
 TCMP staff can be utilized to handle other tasks but puts priority to TCMP
 Regular meetings are held by staff to discuss progress, issues and concerns about the program
 All the jail staff are involved in the TCMP and are contributing members
 The staff works as a team in delivering services to inmates
 The staff serves as role models and treats inmates with respect and dignity.
 Incentives are given to TCMP Staff in terms of awards and commendation.

C. The Therapeutic Environment – The Inmates/Residents

 The residents treat each other with respect at all times regardless of age, religion, cultural
diversity, etc.
 The residents practice a culture of honesty and openness in discussing thoughts and feeling,
providing and receiving feedbacks
 Confidentiality is respected and practiced
 The residents are involved in decision making and planning in TCMP activities
 The participants of TCMP are change agents in bringing about transformation among peers
 The residents comply with the cardinal and house rules and serve as “watchdogs” for their peers
with the aim of correcting erring members
 Absence or minimal incidence of jail violence/disturbance
 The residents respect the hierarchy and chain of command

THERAPEUTIC COMMUNITY PROGRAM BY THE BUREAU OF CORRECTION

The TC Program represents an effective, highly structured environment with defined boundaries,
both moral and ethical. The primary goal is to foster personal growth. This is accomplished by re-shaping
an individual’s behavior and attitudes through the inmate’s community working together to help
themselves and each other, restoring self-confidence, and preparing them for their re-integration into their
families and friends as productive members of the community.
Patterned after Daytop TC, New York which is the base of the TC 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 attitude while restoring
self-confidence, and prepares inmates for their re-integration into their families and friends as productive
members of the community. This behavioral modification program gradually reshapes or re-structures the
inmate within a family-like environment, wherein every member acts as his brother’s keeper.

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 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 BuCor 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.
THERAPEUTIC MODALITY PROGRAM BY THE PPA
Correction and Rehabilitation of Penitent offenders
Objective: To affect the rehabilitation and reintegration of probationers, parolees, pardonees, and first-
time minor drug offenders as productive, law-abiding and socially responsible members of the community
through

1. well-planned supervision programs for probationers, parolees, pardonees, and first-time

minor drug offenders which are aligned to national program thrusts of the government, such
as, the Sariling-Sikap, Jail Decongestion, etc.

2. establishment of innovative and financially and technically feasible projects for the moral,
spiritual and economic upliftment of probationers, parolees, pardonees, and first-time minor
drug offenders utilizing available community resources
Scope and Beneficiaries:
All offenders granted probation, parole, pardon and suspended sentence.
The Administration has adopted a harmonized and integrated treatment program for these clients to effect
their rehabilitation. This harmonized and integrated program involves (1) The Therapeutic Community
Modality (2) The Restorative Justice Principles and Concepts and (3) the Use of Volunteer Probation
Aides (VPAs).
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, namely, behavior management,
intellectual/spiritual aspect, emotional and social aspects, and 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.

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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, Dental 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

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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.

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 (Department of Justice & Parole and Probation
Administration, n.d ).
The TC Hierarchical Structure in the PPA-DOJ Non-Residential Community-Based

1) This is a basic structure of some residential TC facilities in the States (and perhaps of some private
residential facilities in the Philippines), reflecting the real facility set-up with
a. Director – actual head or chief of the residential facility
b. Assistant Director – may be one person assisting the Director, or there may be an AD for Programs
and or an AD for Admin, etc.
c. Departments – an actual set-up in the residential facility

2) Depending on the extent of the facility or the scope of its program, the hierarchical structure may vary
to include other services
3) Bottomline: the hierarchical structure of each TC facility is one that suits its particular needs and
realities for the treatment of its own clientele, corresponds to its own organizational structure, and is
applied in its day-to-day operations and program implementation.

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4) This structure was introduced during the TC trainings conducted by Daytop International in the
Philippines in 1998-2004, with participants from the PPA, among others.

5) It has been adopted by PPA-DOJ in its own TC Hierarchy of Behavior Shaping Tools
trainings for personnel and VPAs, and more or
less followed by many field offices in
organizing clients’ TC family. Feedback
reported some confusion over different staff
position titles vis-à-vis actual set-up of field
offices

6) While many field offices have reportedly set up

the TC hierarchical structure as part of the
orientation phase for clients, it seems that there
is only minimal use of this Structure afterward.

7) Thus, its use as a primary tool to promote clients’ active involvement in their rehabilitation has not
been maximized.

TC HIERARCHICAL STRUCTURE
(NAME) TC FAMILY

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 CHAPTER V: BEHAVIOR SHAPING TOOLS/BEHAVIORAL MANAGEMENT
Introduction
The Behavior Management is a component of TCMP that introduces the concept and mechanics
of the various shaping tools to include Morning Meeting in order to facilitate the management of and
shape the behavior of the residents. This shows the essential elements and significance of the tools which
would provide the community common language, increase cohesiveness and adapt to the moral and
behavioral code of the tools which would provide enough room for personal growth and learning. The
community serves as a dynamic force that motivates the individual to achieve positive behavior change.
PRE-MORNING MEETING:
Duration/Frequency: 15 minutes daily

Participants: Seir residents, Counselor

Pre-Morning Meeting is done early in the morning prior to the Morning Meeting. Senior members of the
community will meet for about 15 minutes to discuss the attitude of the house the previous day. It is also
where the senior members formulate solutions to the concerns discussed and to be executed during the
day. The attendees will also discuss the activities to be engaged in the Morning Meeting and make sure
that all participants are ready with their corresponding parts and determine the amount of time to be
allotted for each part. This is to make sure that everything is ironed out prior to the conduct of the Morning
Meeting such as the validation of pull-ups and other concerns.
MORNING MEETING

Duration/Frequency: one hour daily

Participants: all residents, Counselor
Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole
community and lasts for an hour. It commences with the Opening Prayer, singing of the Philippine
National Anthem and the recitation of the TC Philosophy. It is usually facilitated by any member of the
community. It is divided into two (2) parts: 1) public announcements and community concerns and 2)
community-spirit building or up rituals.

The first part of the meeting consists of public announcements regarding important activities or
businesses and other information that the community needs to know. It is a review of how the community
performed in the previous day and check on the behavior of erring members through the conduct of “pull-
ups”. A pull-up is done as an expression of concern over the lapses of some members and encourage
ownership of mistakes on the violators. The pull-up is followed by affirmations of good deeds, display of
responsible concern towards peers or unselfish acts of some residents. This is to show that good deeds are
not left unnoticed and leave a feeling of self-worth to those concerned. The first part of the Morning
Meeting is a serious business where the members are expected to be formal in their demeanors. Rules are
set such as: no side talking, no cross legging, no laughing, hands on the laps and sit erect.
The Concept of the Day serves as a guide as to what direction the community is headed for the
day. It is elaborated by residents of the community to have a better understanding of the whole concept.
The concept of the day is preferably taken from the Unwritten Philosophies of the TCMP.
The second part of the meeting consists of entertaining presentations to lighten up the mood and
start the day on a positive note. It somehow develops some talents and shed off inhibitions of participants.

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PARTS OF THE MORNING MEETING
I. Community Announcement/Concerns
a. Opening Prayer
b. Singing of the Philippine National Anthem
c. TC Philosophy
d. Announcements
 Staff (Director, Asst. Director, Counselor, and other personnel)
 Residents (Coordinators, Dept Heads, Expediters)
 Report on Dorm Inspection by Chief Expediter
e. Community Concerns
 Pull-ups/Elaboration
 Affirmations
f. Concept of the Day
g. Verse of the Day
II. UP – RITUALS
h. News Casting
i. Entertainment
j. Community Singing
k. Greetings
HIERARCHY OF BEHAVIOR SHAPING TOOLS
Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice
of more adaptive behaviors within the social learning environment. The major tools of the BST, such as
the Talk to, Pull-up, Dealt With, Haircut, Learning Experience, General Meeting and Expulsion were
developed as a means to correct behaviors of the residents that violated the TC norms. The Hierarchy of
Behavior Shaping tools will serve as a guide to determine which of the tools are appropriate to be used
based on the severity of the infraction or violations committed by the residents against the TC Rules.
TALK TO
A “Talk To” is an outright correction done by any member of the TC community to another
member who has done a minor infraction but is not aware of it. It is a friendly reminder/advice about an
unacceptable behavior and must be done privately. During a “Talk To”, the resident is made aware of
his/her negative behavior and the results it may have on others and the environment. The feedback given
to the resident who committed mistake is done in a positive way. This is to evoke awareness on the part
of the violators to avoid committing the same mistake and be given heavier sanctions if done in the future.
PULL-UP
A “Pull-Up” is done a s a result of lack, missed or lapses in awareness in a resident. All the
members of the community are responsible to pull-up minor infractions done by peers. It encourages
honesty, demeanor awareness and owning up to one’s mistakes. This is done when the violator is unknown
and must be validated first prior to bringing un in Morning Meeting.
Pull-ups create a certain degree of dissonance ion the guilty party whereby there is a strong
internal conflict whether to practice honesty or continue to live in a lie. When the resident is able to
overcome the impulse to lie and start practicing honesty, his commitment to live by the TC standards
increases.
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 The resident receiving the pull-up is expected to listen without saying a word, assume that it is
valid, quickly display the corrected behavior and express gratitude in receiving it. After one member did
the pull-up, other residents who want to show concern can make elaborations to give emphasis to the
infractions and concretize the admonitions that need to be relayed to the violator. Two to three elaborations
are ideal.
Too many elaborations are discouraged as they may take so much time. Focus should e given to
the behavior and not the person. It is meant to raise awareness and not to punish or embarrass the violator.
Personal attacks, shaming and the use of racist language are strictly forbidden during the pull-ups. It
should be emphasized that pull-ups are done out of responsible love and concern to avoid creating negative
feelings during the process.
In situation wherein no one stood and owned up a negative behavior raised in the pull-up, the
resident doing the Pull-up will narrow down the Pull-up to make it clear and specific, stating the place
and time of the occurrence. In the event that nobody stood to own it up, the resident doing the Pull-up will
instead ask the community to stand and there, he/she will deliver his pull-up addressing the entire family
believing that the violator is a responsibility of the whole community.
DEALT WITH
Dealt With is done when negative behaviors or infractions to the House Rules/Norms are done
for the second time of the same offense of the resident.
A panel of three (3) composed of a senior resident, peer and a friend are tasked to deliver a serious
and stern reprimand to the subjected resident.
Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff
should monitor its conduct to ensure that the panel assigned to the task really acted appropriately. It is
done privately in a room or an area with no other else hearing the conversation.
HAIRCUT
Haircut is done when negative behaviors or infractions to the House Rules/Norms in same offense
are done for the third time or more or for first time grave offenses. It is a carefully planned and structured
verbal reprimand given by a Staff with four other residents – Senior Resident, Peer, Big Brother and
Department Head. The tone is more serious and can be loud, harsher and more exaggerated.
This is done to induce anxiety and eventually change the person’s behavior. Before the group
calls in the person, they will discuss among themselves the order of the speakers, how intense the haircut
will be and what sanctions will be given if any. The resident is then called inside and waits until he is
asked to sit.
He will be asked if he knows the reason for his appearance. After the person’s response, he will
be asked to sit and remain silent to enable him/her absorb all the advices.
The haircut gives emphasis on the behavior of the resident and the severity of the haircut should
be appropriate to the gravity of the offense. Each member of panel is given ample time to express himself
without interruption from the other members. The staff or peer who booked the haircut should not be part
of the team so as to avoid bias or subjectivity. Before a resident be subjected to Haircut, his/her infraction
must be first investigated, discussed and decided by the Disciplinary Board. Sanction/Learning
Experience that has been decided upon by the jail Disciplinary Board and the TCMP staff will be imposed
after the Haircut.

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LEARNING EXPERIENCE
A Learning Experience (LE) is an action or activity given to a resident who was subjected to
Haircut or General Meeting who did an infraction to correct or modify a behavior. LE may be task –
oriented, written task or peer interactions. Since TCMP is educational rather than punitive in its approach
to behavioral change, the LE should be done in a way that would remind the person of the negative attitude
he has done without compromising his human dignity. The intent of the LE is not to stigmatize the person
but to motivate him to make restitutions for the wrong doings he committed and redeem himself in the
community.
The LE should be related to the infraction committed for him to focus on the behavior expected
of him in the community. It should not be given as a punishment but rather a motivation to develop more
positive attitude. This will develop a sense of responsibility on him while stressing his inadequacies. LE
should be realistic and human. Putting a person on LE for more than one (1) week may lessen the learning
objective. Putting the person on LE for an extended period of time or sanctions that are far harsher than
the offense or may deny him of the basic necessities may border on abuse and violation of human rights.
Close supervision with clear goals increases the effectiveness of the sanction. Upon lifting the LE
after seven (7) days, the resident subjected to the tool will be accorded with a Senior Resident coming
from his/her Static Group who will provide guide and continually monitors the performance in the house
of the former. The senior resident assigned will give a self-report after fifteen (15) days on how the resident
carried out his responsibilities after the LE and the state therein the resident’s condition whether he/she
needs further supervision. The authority in giving LE lies in the Disciplinary Board and TCMP staff.

Categories of Learning Experiences:

a. Task – Oriented LE
 Pots and Pans
 Grounds and Landscaping
 Cleaning and maintenance
 Time Keeping
b. Written tasks
 Composition of Essay
 Reproduction of TCMP Materials
c. Peer Interaction
 Reading and reporting of topic
 Announcements
 Bans

BANS
Bans are sanctions to members who commit repeatedly infractions or violation to the Cardinal
Rules by prohibiting, disallowing or limiting an activity or affiliation to a group.
It somehow curtails some freedom of movement and association. This sanction causes unpleasant
feelings which people try to avoid hence may evoke behavioral changes in the future. It must be applied
consistently after the adverse behavior to emphasize the negative consequences. Privileges limited should have
impact but must not limit individual ability to meet personal hygiene, nutritional and emotional needs. A
resident subjected to Bans must be first processed in a General Meeting called for the purpose.

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GENERAL MEETING

A repeated breach to the Cardinal Rules necessitates a General Meeting. Such issue should be
discussed with the community to point out to the violator the negative effect the behavior had on the
community. Such offense includes sexual acting-out with a fellow resident., taking drugs and engaging I
physical fight with another resident. Other facilities include stealing or even smoking as part of the
Cardinal Rules. These behaviors pose a threat to the community because they violate the established order
and safety of the facility.

Procedure in a General Meeting

1. A General Meeting is called and led by a senior member of the staff, usually the Director of
the facility. The extent of the problem is assessed to determine who among the community
members are involved in the incident. Those guilty of the offense are asked to sit in a prospect
chair. This is to arouse anxiety and dissonance.

2. The Director sets the tone of the meeting and leads the community in an open expression of
opinions and feelings regarding the offense brought out into the community. He holds the
community accountable for the slip of its members as each is considered his “brother’s
keeper”. The Director opens the floor for the feedbacks, inviting the community for self-
reflection and accountability.

3. As soon as the mood is set and the level of awareness of the community is raised, the leader
calls for the violators to face the entire community. The leader encourages the community to
express their feelings about the offense committed by the violators.

4. After some members of the community have expressed their feelings, it is time for the
violators to account for what they did, share their deepest feelings and verbalize what they
learned from the mistake.

5. After the violators made their statements and offer commitments, the Director will mark the
closure of the issue and allow for processing of the events that transpired and provide
appropriate emotional support to the violators who have just been subjected to intense
emotional experience. Sanction will then be given to the violators.

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

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 CHAPTER VI: PSYCHOLOGICAL AND EMOTIONAL ASPECT
COUNSELING
Counseling is defined as a professional activity of helping individuals, groups or communities
enhance or restore their capacity for psychological, emotional and social functioning and creating an
environment favorable for the attainment of these goals.
Psychosocial Skills and Characteristics of Counseling:

 Empathy – is the ability to perceive the client’s feelings and to demonstrate accurate perception
of the client. It is merely “putting oneself in the client’s shoes”. When the client feels understood,
a sense of trust or “rapport” is developed. Rapport paves the way to a more meaningful
communication and may enable the client to understand and accept more of his/her complexity
of feelings.
 Warmth – also called “unconditional positive regard”. It involves accepting and caring about the
client as a person, regardless of any evaluation or prejudices on the client’s behavior or thoughts.
It is most often conveyed through our non-verbal behavior or bodily gestures.
 Respect – is our belief in the client’s ability to make appropriate decisions and deal appropriately
with his/her life situation, when given a safe and supportive environment in which to do so. It is
often showed best by not offering advice or cheap comfort. The counselor shows his utmost
respect to the client by listening in silence and giving him the opportunity to design his own
solutions to the problem. A similar term for this is “empowerment” as the counselor likewise
demonstrates that he values the integrity of the client.
 Congruence – or genuineness is being honest and authentic in dealing with the client. It is showing
real concern rather than focusing on techniques during sessions. It is also being aware of the
counselor’s own unmet needs and how it may affect his relationship with the client.
 Confidentiality – means that anything discussed during counseling sessions is held absolutely
private and not to be discussed anywhere. This contract should be held sacred so as to maintain
the client’s trust and enable him to disclose sensitive matters to the counselor without fear of any
breach of confidentiality.

Pattern of Counseling Session:

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

2. Information Gathering: About 20 minutes

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

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 3. Discussion/Counselor Input:
o Counselor tells the client what he thinks the client is saying
o Counselor develops a list of concerns
o Client would concur or not to the counselor’s understanding
o Prioritize problems and which one to work on first
o Client will provide plans of action to work on specific problem.
o Counselor will assist in mapping out plans.

4. Conclusion:
o Motivate the client that “he can do it”. If not, he may need to be referred to a professional
o Brief client on what to expect the next session
o End session on a positive note
o Client should be able to list down things that he has to look forward to over the next few
days. If not, this is a red flag for suicide.
When to break Confidentiality?
1. Children ae being neglected or abused.
2. Appearance in court as a witness.
3. Client expressed plan to commit suicide.
4. Client expressed plan to harm others.

INITIAL INTERVIEW/INTAKE INTERVIEW

Participants: Newly committed residents, Counselor
Duration: 1 hour
Procedure: After the booking procedure, the Counselor/IWDO will conduct the initial intake interview to
the newly committed residents using the intake interview form.
This is done only in a designated area and one resident at a time.

ONE-TO-ONE COUNSELING/INDIVIDUAL COUNSELING

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

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

PEER CONFRONTATION GROUP

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

Duration/frequency: one hour/twice a month

Participants: 10-15 residents, Coordinator
Procedure:
1. Participants will sit in a circle position.
2. Staff may sit just outside the circle or there may be no staff
3. There is no particular order of speaking. It is conventional and free – wheeling.
4. Participants may start with a prayer

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 5. Participants may then say “What do you say about me? Or please give me feedback on my
progress here or “How do you see me?”
6. Any of the other participants my give an honest, straight-forward feedback. Tone and feeling
should be proportionate to the issue.
7. Peer confrontation is done in a compassionate way where each resident tries to help one another
and identify certain issues which could be a hindrance to his recovery.
8. At the end of the sharing, the resident is asked a commitment about issue that he feels
uncomfortable dealing with.
SECRETS
Secrets are group activity where participants are given the opportunity to unload emotional
baggage and thus experience freedom from internal psychological conflicts.
It promotes trust among the participants knowing that each will reveal his utmost secrets to the
group. It also aims to deepen mutual respect among the participants.
Duration/frequency: 1-2 hours/once a month
Participants: staff, 10-12 residents
Procedures:
1. Form a group of 10-12 residents, preferably of variedly different persons.
2. Each one is instructed to go to a place where they can be alone and free from distractions.
3. In a piece of paper, the resident will write a letter to himself about an event in his life which he
has been keeping as a deep secret because it has caused a lot of pain, guilt, shame or anxiety.
4. The letter is written as if he is addressing it to somebody and could start as “Dear friend”. He
should not state his name or any name and place which could lead the group as to the writer. He
may write it in a way that would not give away any hint. This is done for 30 minutes.
5. The group then converges and all the rolled letters will be placed in a bag. The residents will be
seated in a circle. The first one will be asked to pick up a letter and read it aloud to everyone as if
he is reading his own letter. The rest will provide advice, moral support, motivation or
encouragement to the reader. No criticisms or negative comments are encouraged.
6. The facilitator admonishes the participants to refrain from curiously trying to find out the owner
of the letters. Everyone is likewise admonished to keep the discussions strictly confidential.
7. After all the letters were read, the facilitator will do a brief processing focusing on the feelings of
the participants and how it affected each one of them. The group may choose to pray as a closing
ritual.
8. Before the group adjourns, the facilitators collect the letters and burn them in a clay bag or garbage
bin as a symbolic ritual of letting go of all the hurts and pains and not allowing them to hinder
their future growth.

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

Duration/frequency: 1 – 1 ½ hours/once or twice a week

Participants: Counselor, 2 co-facilitators, 8-10 residents
Procedure:

1. A resident may drop a slip on another resident stating his name, the name of the person he is
dropping a slip and the reason for dropping the slip. Only feelings of hurt, anger and concern can
be reasons for encounter.
2. The staff will choose his co-facilitators who are also staff members. Once he has gathered 2 or 3
slips, he may schedule an encounter group.
3. The facilitator will arrange the group in a circle in such a way that the two parties involved are
seated opposite each other.
The facilitator should be able to guide the flow of conversation and should be skilled enough to
interrupt anytime he feels that the safety of the group is being compromised.
4. The flow of the encounter should pass through the four (4) phases:
a. Confrontation – this phase involves verbalization of concerns or honest disclosure of emotions
that has been provoked during interpersonal interactions with another resident. Regardless of the
cathartic nature of expression, the rules of the encounter group should always be respected. The
focus should always be about how one feels because of the behavior of the other. There should
never be any attack on one’s persona but rather on his/her behavior. Each should be allowed to
express himself before a rebuttal is allowed. This phase consists mainly of exchange of verbal
expressions of emotions as a way of release.
b. Exploration – in this phase, all the feelings that were expressed are further examined and explored
and find out how it could have resulted in such way in order to evoke awareness on the connection
of behavior, feelings and attitude.
In this phase, blaming or finger pointing at one party is avoided. It will only cause resentment
from one party.
This phase hopes to enhance the insight of both parties and encourage ownership of one’s mistake
and take accountability for his/her actions. It gives both parties the opportunity to examine
themselves in relation to their conflict with other party.
c. Resolution and Commitment – after some realizations and attaining some insights into their
behaviors, the residents are now ready to move to the last phase to practice new behaviors. From
the feedbacks received, the resident involved will now express how he feels about the whole thing
and may own up his behavior which has caused the conflict. He then goes on to make
commitments to avoid such occurrence in the future.
d. Socialization – this is a structured social event where all those involved in an encounter will
have ample time to mend fences with those they have offended or hurt in the past. The purpose is
to achieve closure, reaffirm relationship and maintain the unity in the community.

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EXTENDED GROUPS
The Extended Groups are usually composed of 5-12 residents and is being facilitated by 2 highly
trained staff members which may last for 8-72 hours. The participants must have at least 4 months in the
program and have shown adequate stability before he can be included in the activity. It is potentially
intimate and intense session which needs a significant amount of preparation. It focuses on the “here and
new” but allows a deeper exploration issue that affects ne behavior.

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

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

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

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MEDICATION SUPPORT GROUP
Duration/frequency: As long as the residents are on medication
Participants: residents on medications and Jail health personnel
Procedure:
1. Counselor holds the group once a week who are on medical and psychiatric medication
2. Group members are educated on different kinds of medical and psychiatric problems and its
effects.
3. Sharing on the intake of medicines and its side effects of taking it.
4. Cohesiveness is enhanced
5. Shae and discuss how to face their difficulties, coping with the disease and problems encountered
while they are on medications
ANGER MANAGEMENT
Duration/frequency: 1 ½ hours for 6 weeks/ as needed/curriculum based
Participants: 10-15 residents
Procedure:
1. Facilitated by a counselor
2. Questionnaires are provided to the residents to answer how they demonstrated their anger before
they came for treatment and while in the facility and how they go through it.
3. Participants are selected based on interview and attitude showed while in the treatment
4. The group is an avenue for the residents to know their anger feelings and acquire new knowledge
and information on how to deal with their feelings on different situation and personalities.
PRE-RELEASE INTERVIEW
Duration/frequency: 1 hour
Participants: resident/s to be released from jail, IWDO, Admin and OD
Procedure:
1. IWDO should coordinate with the Paralegal officer to monitor the status of the case of the
residents
2. If possible, immediate member of the family is/are present before the residents will be released
from jail.
3. Do a pre-release interview to conduct an assessment of the residents’ potentials and map out
plans after his release from the jail.
4. IWD should coordinate with service providers for his/her referral for aftercare.

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 CHAPTER VII: INTELLECTUAL AND SPIRITUAL COMPONENTS
Spirituality in TC
Spirituality is any action or activity that reflects or brings out the goodness in a man. In TCMP, it
is designed to respond to the inner longing of residents to find greater faith where they can anchor
themselves within their struggle to find meaning to their existence. The spiritual component provides the
residents with activities that would help them explore the meaning and purpose of their existence.
Intellectual Component
The intellectual component responds to the natural human characteristics of yearning for
knowledge in order to attain a higher level of understanding.
A well-structured and well-implemented Intellectual component is a factor in establishing a TC
for the residents. It helps the residents restore their self-esteem as their minds become open to ideas and
their intellect does not cease to feed on a free and open interchange of opinions.
Procedure:
1. Select a topic related to expertise of the speaker/lecturer beneficial to the residents
2. Schedule the activity
3. Preparation phase
4. Seminar proper
THE TC PHILOSOPHY
It is recited daily during the Morning Meeting which embodies all the challenges and aspirations of most
residents who feel alienated and the desire to overcome the imposed limitations on their freedom and find
their own place where they could feel safe and welcome. It also acknowledges the importance of
fellowship in shaping one’s behavior and motivating one’s fortitude of helping himself and others.
Likewise, it serves as his anchor in times of emotional turmoil which he can always go back to and reflect.
1. Surrender
2. Self-disclosure
3. Reflection
4. Self-realization
5. Growth
6. Self-worth

TC UNWRITTEN PHILOSOPHIES
It consists of slogans or aphorisms that are verbally given to the residents to impart the beliefs and values
of TC in relation to their day-to-day living. These sayings are used to remind the residents as to what are
considered important to them.
1. Honesty
2. Responsible love and concern
3. To be aware is to be alive
4. Trust in your environment
5. Be careful what you ask for, you might just get it
6. No free lunch
7. You can’t keep it unless you give it away
8. What goes around comes around
9. Act as if
10. Understand rather than be understood
11. Personal growth before vested status
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 12. Compensation is valid
13. Forgiveness
14. Humility
15. You lone can do it, but you can’t do it alone
16. Pride in quality
17. Feelings don’t think
18. Guilt kills
19. Hang tough
20. You are your brother’s keeper
THEME/ CONCEPT OF THE DAY
It refers to a word or saying that will serve as a guide for the community to ponder upon in relation
to their day-to-day interactions and behaviors. It is elaborated during the Morning Meeting by some
members of the community to emphasize its relevance and how it can stimulate the residents’ thought and
help them change their behavior into something positive. It can also be taken from the Unwritten
Philosophies.
MEDITATION: Discovering your Inner Sanctuary
The visualization meditation is used to help an individual establish a practice of moving his
attention within, finding his place of relaxation and peace by contacting his inner wisdom. This experience
is unique for everyone so much so that one’s experience may be different form the others. Some may
experience visual imagery while the others may not. After the activity, ask the participants how they feel
and what have they learned from the experience.
Duration: 1-2 hours/ once a month
Participants: residents, facilitator
Procedure:
A facilitator is present to give the instruction to the participants. Soft background or meditation
music can be used.

SEMINARS

These are activities in TC that provide intellectual stimulation and seek personal involvement
among the residents. It is a way of providing information, improving the resident’s peaking and writing
abilities and enhancing their listening ability so as to understand all the information being presented.

Duration: 1-2 hours/once a week

Participants: residents, facilitator

Types of Seminars:
1. Discussion- open format and allow for group participation
2. Data Sessions- given specific information and games
3. Games- mind-expanding activities to licit thought, activity and imagination
4. Seminar series on varied topics
THE DEBATE
It is introduced to provide the residents the opportunity to learn how to reasonably and put together
arguments in a logical manner. This is also am exercise on how to listen and formulate ideas and
demonstrate a broader understanding of certain issues which give the participants certain insights on
other’s opinions which may be opposite to their own.
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Duration/frequency: 1-2 hours/ once a month
Participants: 20-30 residents, facilitator
Procedure:

1. Divide the group into two, according to gender or depending upon the topic for debate.
2. Assign a group for “pro” and the other as “con”
3. Choose the first speaker for each group. Each group is given 5 minutes to gather their thoughts
on the issue. Each speaker in given 2 minutes
4. The “pro” group is first to give their opinion on the issue for 2 minutes. A rebuttal for 2 minutes
is allotted for the “con” group.
5. The exchange of opinions is allowed for a few minutes more. Once the majority has spoken, the
facilitator will switch the stand so much so the “pro” will now become the “con” and vice versa.
6. After the activity, the facilitator will process how the group felt when they have to defend an issue
which is contrary to their beliefs and if they could see the reasonableness of the other’s
arguments? What have they learned from the activity?
GAMES: THE “GRAB BAG”

The “Grab Bag” is a form of seminar which enhances the residents’ ability to communicate,
analyze ideas and develop insights about themselves with the use of identification with inanimate objects.
Procedure:
1. Divide the group into small groups of 10 members with one facilitator per group.
2. Each facilitator will have a plastic bag/container with different items inside
3. Without peeping, each resident will grab one item inside the bag. He/she will be given 3-5 minutes
to tell something about the item, describing it as if he/she were the object, what it is made of and
its use.
4. Each resident takes turn until every member of the group has picked an item and speak.
5. The facilitator will process the activity and ask the group how they feel about the activity and
what insights they have gained.

SATURDAY NIGHT ACTIVITIES

This activity is held every Saturday as a recreational event purposely to instill fun, humor and
entertainment after an intense and hectic week. This gives the residents the chance to let loose and
socialize. Each statis group is assigned a specific task or presentation to develop talents among the
residents.

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 CHAPTER VIII: VOCATIONAL/SURVIVAL SKILLS
The development of vocational and survival skills starts at the beginning of the performance in job
functions in the TC which has substantial value to the individual. Its aim is not only to detain or confine
residents but also to challenge them to learn vocational skills for their re-entry to the community. An
individual’s attitude is relevant to his development in the area of vocation and occupation. It speaks of his
adaptability and flexibility to the different tasks and functions. The development of skills is inseparable
with the other components of TC as each component plays a vital part in the shaping of one’s attitude.
Organizational Hierarchy of TC
Participants: personnel and residents
Procedure:
1. The senior member of the staff, usually the director identifies the counselor coming from the
staff/personnel
2. As soon as the counselors were identified, the residents of the community will submit application
for certain desired positions as indicated at the hierarchical structure.
3. The applicants will be interviewed by the staff
4. After the interview, selection of applicant for key positions is done through the use of socio metric
pointing
5. Crew members will be assigned as per assessment of the IWDO, Chief Escort and Custodial
6. New residents will be assigned automatically at the housekeeping department for one month for
orientation purposes
CLASS – A TC COMMUNITY
1. Business Office Department – Admin
2. Kitchen Department- Food Service Officer
3. Housekeeping Department – Records
4. Grounds/Landscaping Department – custodial
5. Laundry Department – Logistics
6. Maintenance Department – Operations
7. Special Service Department – IWDO
8. Expediting Department – Paralegal/I&I
CLASS – B TC COMMUNITY
1. Business Office Department – Admin
2. Kitchen Department- Food Service Officer
3. Housekeeping Department – Records
4. Grounds/Landscaping/Maintenance Department – custodial
5. Special Service Department – IWDO
6. Expediting Department – Paralegal/I&I
CLASS – C TC COMMUNITY
1. Business Office Department – Admin
2. Kitchen Department- Food Service Officer
3. Housekeeping Department – Records
4. Expediting Department – Paralegal/I&I

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JOB FUNCTIONS
Participants: residents
Duration/frequency: all year round based on jail schedule
Procedure:
Departmental Meeting is conducted weekly for assignment of tasks which will last for one week
in rotation basis within the department. Each team will be assigned one expediter to monitor the job
function. Job rotation will be primarily based on the progress, performance and capability of each resident.
Promotion or demotion can happen during the process.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY (Highest to Lowest)

Coordinator
 A positive role models
 Deals with the attitudes of the residents and acts as a member of the panel during the haircut and
addresses the resident in the general meeting.
 The leader of the team assigned to oversee a specific department
 Responsible for reporting of job changes and recommends cutting off of learning experience.
 Assigned as Coordinator on Duty of the day and delegates tasks to be covered for the day
 Encourages residents to use behavior shaping tools
 Responsible for overseeing that each team works efficiently
 Supervises the over-all functions of the department in the TC facility
 Report to staff any incident that is not in the boundaries of a resident to deal with
 Carries out any given task that staff members assigned him/her
 In-charge to disseminate instructions given by the Director and staff through coordination with
co-coordinators
 Serves as liaison between resident and staff

Coordinator on Duty (not part of the hierarchical structure, each coordinator takes turns to become
Coordinator of the Day)
 He/she is designated as Coordinator of the Day to conduct inspection in cells, kitchen and other
areas where residents are allowed together with the staff on duty and the chief expediter
 Delegates tasks to other coordinators.
 Under direct communications with the Chief Expediter
 Must always be aware and records all the events, incidences of the day to the logbook
 Responsible to disseminate information coming from the Staff or Director
 Evaluates or validate different incidences and seeks staff’s acknowledgement.

Chief Expediter
 Responsible for managing the daily function and activities of the community
 Delegates other responsibilities to the Asst. Chief Expediter and monitors every activity
 Oversees the schedule of the day
 Communicates with department heads in execution of job functions.
 Communicates with coordinator of the Day on an hourly basis.
Assistant Chief Expediter
 Responsible for execution of directives form the chief expediter
 Supervises the activity inside the dormitories
 Facilitates department head meetings in the absence of the chief expedite, job changes and
requests

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Department Heads
 Conducts departmental meetings before job function
 Delegates specific tasks to team members and monitors individual conduct
 Monitors participation of members to activities of the program
 Checks attendance and whereabouts of team members
 Attends department heads pre-evaluation meeting regarding job changes
 Recommends grants or denies team members’ in-house requests in the department head meeting
 Conducts post evaluation to residents regarding the result of their requests.
 Screens team members’ request.
Department Crew
o Responsible for carrying-out tasks, duties and responsibilities of their concerned departments
TCMP DEPARTMENTS AND FUNCTIONS
BUSINESS OFFICE DEPARTMENT (BOD)
o Welcomes new members of the family and makes sure that policies, rules and their limitations
are clear
o Responsible in facilitating younger members’ group sharing experiences
o Role model that shows how to overcome trying circumstances
o Orients new residents how to drop slips, ventilate feelings in the encounter group, use the behavior
shaping tools and internalize the TC Philosophy and Unwritten Philosophies
o Provides support to residents when needed
o Prepares sequence of program for special events and disseminates all written communications
o Maintains and updates bulletin board postages and announcements
o Updates profile of residents and provides list of residents in the Tag board to be posted in every
dormitory
o Prepares sound system in every activity

EXPEDITING TEAM
o Oversees day-to-day affairs of the different departments
o Reports any incident in the TC facility and the overall attitude of the community
o In-charge of the attendance of the residents in groups, seminars, static confronts attitudes around
the house and make necessary steps to address them through booking
o Coordinates with staff regarding announcements, activities, medications and court hearings for
proper information dissemination.
o Coordinates with Coordinator on Duty and medica staff in attending to sick residents
o Prepare designated room assignments upon admission of the new residents
o Oversees activities of residents in the Learning experience structure
KITCHEN DEPARTMENT
o Prepares and cook food for daily consumption
o Maintains quality of food and dietary requirements of every menu
o Preserves sanitary working environment and maintains kitchen equipment properly
o Manages quantity of food servings to minimize wastage
o Prepares menu for special requirements and occasions
o Serves meals of time
o Ensures proper storage of food items to avoid spoilage and contamination
o Conducts regular health screening of kitchen workers
o Maintains proper washing of dishes and kitchen utensils and proper disposal of waste materials
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MAINTENANCE AND LANDSCAPING DEPARTMENT
o Maintains cleanliness of grounds
o Responsible in planting, watering and trimming of plants, trees and flower beds
o Maintains inventory of materials and equipment
o Informs staff of any equipment that needs repair or replacement
o Responsible in making minor repairs of jail facilities and equipment
o Responsible in monitoring proper usage of water and electricity
HOUSEKEEPING DEPARTMENT
o Maintains the cleanliness of the cell area, mess hall, visitation area and visitor’s comfort room
o Maintains inventory of housekeeping materials such as brooms, dustpans, rugs, floor wax etc.
o Provides proper storage of housekeeping materials

LAUNDRY DEPARTMENT
o Assigns and schedules laundry time for every dorm
o Designates and maintains hanging area for washed clothing
o Collects the dried washed clothing and distributes to the respective dorms

STAFF FUNCTIONS
DIRECTOR
The Warden serves as the Director of the facility. He oversees all the activities in the program.
He designates staff to serve as Counselors. He makes final decisions as to what sanctions or learning
experiences will be meted out to erring residents.
ASSISTANT DIRECTOR
This position is usually occupied by the Assistant Warden. He takes over the responsibilities in
the absence of the Director. He reports directly to the Director and assists him in the conduct of the latter’s
responsibilities.
COUNSELOR
A staff is assigned as a Counselor for each department. The jail set up is unique as the Counselors
take on other responsibilities in addition. Due to the inadequate number of jail personnel, custodial officers
are often times assigned as Counselors.
The Counselors are responsible for the conduct of the different activities of TC on a daily basis.
Each Counselor will monitor the activities of their respective departments. They will conduct individual
counseling and facilitate groups. They are also present in the conduct of the different behavior shaping
tools. Instead of being the dominant figure, the Counselor’s role is to bolster or enhance the community
as the primary change agent and build the community to function around the established hierarchy.

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POST-TEST
INSTRUCTION: Write the letter of your choice. SYTRICTLY NO ERASURES.

1. A type of prisoners which includes those who requires high degree of control and supervision such as
but not limited to death sentenced, recidivist, habitual delinquent and escapes, sentenced for more than 20
years, with pending cases and criminally insane or severe personality or emotional disorders.
a. Maximum security c. Minimum security
b. Medium security d. Colonist
2. The prisoner who was first time brought to the RDC shall be considered?
a. Maximum security c. Minimum security
b. Medium security d. Colonist
3. The “Walk Away Prisoner” as dubbed by the institution is the ?
a. Maximum security c. Minimum security
b. medium security d. Colonist
4. The following prisoner shall be classified under minimum security:
a. Those with severe physical handicap as certified by the chief medical officer of prison.
b. Those who are 65 y./o and above, without pending case and whose conviction is not on
appeal.
c. Those who have served one-half of their minimum sentence or one-third of their maximum
sentence, excluding GCTA
d. Those who have six months more to serve before the expiration of their maximum sentence.
e. All of these
5. The medium security prisoners include the following, EXCEPT.
a. Those whose sentence is less than 20 years imprisonment or those remanded inmates.
b. Those who are eighteen years of age and below regardless of the case and sentence.
c. Those two or more records of escape but served eight (8) years since they were recommitted
or with on record of escape but serve five (5) years.
d. First offender sentenced to life imprisonment after service of five (5) years in the maximum-
security prison or less upon recommendation of the Superintendent.
e. Those who were detained in the city and provincial jail.
6. The color of the uniform of inmates under the maximum-security prison is ?
a. Tangerine b. blue c. brown d. gray e. yellow
7. Those who cannot be trusted in less secured areas and whose conduct or behavior require minimum
supervision.
a. Maximum security c. Minimum security
b. Medium security d. Colonist
8. One who has either been previously committed for three or more times as sentence inmate, except those
imprisoned for non-payment of fine and those who had been reduced from a higher class.?
a. Third Class c. Second Class
b. First Class d. Colonist
9. To be a , one must be at least a 1st class inmate and has serve one (1) year
immediately preceding the completion of the period specified in the following qualification: has
served imprisonment with Good conduct for at least 7 years in the case of life imprisonment.
a. 1st class inmate c. 2nd class inmate
b. 3rd class inmate d. colonist
10. The following are privileges given to a colonist, EXCEPT
a. Additional 5 days GCTA for each calendar month aside from the regular GCTA.
b. Automatic reduction of life imprisonment to 30 years.
c. To wear civilian clothes on such special occasions as may be designated by the
Superintendent.
d. An award of 7 hectares of land as homestead.
e. To have his wife and children live with him subject to the approval of the Director
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11. Inmates shall be served three (3) meals a day and Breakfast shall be serve not more than after
the previous day’s dinner.
a. 12 hours b. 14 hours c. 6 hours d. 10 hours
12. The confinement of an inmate may be transferred to an AFP stockage provided the inmate is certified
as minimum-security risk and is does NOT fall in any of the following, EXCEPT.
a. Inmate serving life sentence or death.
b. Those who have previous record of escape / recidivist.
c. Those serving for a crime involving moral turpitude.
d. Inmate who is more than 50 years old or who can no longer perform manual work.
e. None of these
13. Prisoners may be transfer from National prison to the provincial prison or vice versa upon direction
of ________?
a. Director of prison c. Superintendent
b. President of the Philippines d. BBP
14. Superintendent may authorize prisoner to be taken out of prison in the following instances, EXCEPT:
a. To appear in court or other government agency as directed by competent authority.
b. For medical examination/treatment or hospitalization in an outside clinic or hospital.
c. To view the remains of a deceased relative.
d. To transfer to provincial jail
15. Movement of inmate for medical or hospitalization outside and viewing of remains of deceased
relative shall be with approval from:
a. Director c. Secretary of Justice
b. Administrator d. Chairman
16. A minimum or medium security prisoner who wanted to view a deceased relative shall file
an application for such purpose within how many days before the enjoyment of said privilege?
a. 2 days b. 1 day c. 3 days d. 4 days
17. Prisoners at the NBP or CIW who applies for viewing of the remains of the deceased relative
shall be recommended by the superintendent thereof and the director to for final action
at least one (1) working day before the privilege is to be enjoyed.
a. President c. Secretary of Justice
b. Administrator d. Chairman
18. The duration of viewing shall be for a period of three (3) hours, provided that the place is within the
radius of by road. If more than such distance, privilege may be extended if the inmate can
leave and return to his place of confinement during the daylight hours.
a. 20 km b. 30 km c. 40 km d. 50 km
19. A person (detainee) who is under preventive imprisonment may or may not abide by the rules imposed
on finally convicted inmates. If said person did agree to such rules, upon finally conviction he/she
shall be entitled for full deduction of the period of his preventive imprisonment. If said person did not
expressed in writing his conformity with the rules he will only be entitled to a deduction of the
time during which he has undergone preventive imprisonment.
a. 1/5 b. 3/4 c. 2/3 d. 4/5
20. This law authorizes the release of a detained offender who has undergone preventive imprisonment to
the maximum imposable penalty for the offense charged:
a. BP. 26 b. BP 85 c. E.O. 70 d. E.O. 80
21. Inmates of such age shall be excused from mandatory labor.
a. 50 years old c. over 50 years old
b. 60 years old d. over 60 years old
22. This program employs prisoners in various product or good producing tasks:
a. Agricultural c. Industrial
b. Operational d. Administrative

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23. Inmate who has been six months permanently assigned to work in prison may receive compensation
credits at rate prescribed by the director. The same shall be credit to his trust fund and he may utilize
of said earnings for purchased of his needs.
a. 1/2 b. 1/4 c. 1/3 d. 1/5
24. Who may grant Good-Conduct Time Allowance?
a. The superintendent c. The director
b. The President d. The Secretary
25. Inmates who have served with good conduct or behavior during the third to fifth years shall be entitled
with deductions from the period of his sentence of how many days?
a. 5 days b. 8 days c. 10 days d. 15 days
26. An inmate who gives himself up voluntarily to the authorities within forty-eight (48) hours
following the issuance of a proclamation announcing the passing away of a calamity may be given
special time allowance for loyalty amounting to of the period of his sentence.
a. 1/5 b. 1/3 c. ½ d. ¼
27. Inmate shall have the right to communicate or correspond with persons or organization subject to
censorship. He shall be advised to collect said mail correspondence within after it was received
in prison.
a. 24 hours b. 3 days c. 2 days d. 12 hours
28. Inmates who demonstrated good behavior shall earn one telephone call to an authorized individual
every days and shall be granted only within 5 minutes and the inmate shall identify himself as an
inmate.
a. 60 days b. 30 days c. 90 days d. 50 days
29. Shall mean fiction, nonfiction, poetry, music and lyrics, drawing and cartoons, and other writings of
a similar nature made or written by inmates during his free time or non-work time.
a. Art work c. Manuscript
b. Literature d. Literary works
30. This is the process wherein prison officials try to convert inmates and be affiliated into their religion:
a. conversion c. Proselytizing
b. New convert d. indoctrination
31. The least punishment for any infraction of the rules/regulation of the Penitentiary is :
a. Reprimand
b. Cancellation of recreation, education, entertainment and visiting privilege.
c. Deprivation of GCTA for a specific period.
d. Change of security status to the next higher category.
32. Confinement in a disciplinary cell as a punishment for breach of discipline shall for a period of:
a. One to two months depending on the gravity of the offense
b. 7 days
c. One month
d. Two months
33. Request for interview of the inmate by media shall be given to superintendent within how many days?
a. Two days c. Three days
b. Five days d. Four days
34. Interview of inmates who are below 18 years of age may not be granted without consent from?
a. The Director c. Superintendent
b. Parents or guardian d. Secretary
35. Infant born inside the prison may be allowed to stay with the mother for a period of ?
a. Six month c. 3 years
b. 12 months d. 2 years
36. Inmate may be released from prison on the following grounds, EXCEPT:
a. Upon the expiration of his sentence
b. By order of the court or of competent authority

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 c. After being granted parole, pardon or amnesty
d. Upon grants of probation
e. None of these
37. Release of prisoner may be authorized by the following, EXCEPT
a. The Supreme Court or lower courts, in case of acquittal or grant of bail.
b. The President of the Philippines, in the exercise of executive clemency or amnesty.
c. The Board of Pardons and Parole, in parole cases.
d. Director of Prison, upon expiration of the sentence of the inmate.
e. None of these
38. The director of Prison shall not order or allow an inmate to leave prison on days before and
days after an election except for valid or legal reasons.
a. 60 days and 30 days c. 30 days and 40 days
b. 30 to 40 days d. 50 days and 40 days
39. This was created to provide preparatory rehabilitation activities in a residential setting or pre-release
place for prisoners. It is a 24 hours residential agreement that is geared towards preparing the client
to become emotionally, socially and economically ready for family and community life.
a. Separation and placement center c. Pre-release house
b. Halfway house d. Detention cell

40. In executive clemency and parole cases, the director shall forward the carpet and prison record of an
inmate to the Board within the following period.
a. For commutation of sentence – at least one (1) month before the expiration of 1/3 of the
minimum period of the inmate’s indeterminate sentence and in special cases, at least one month
before the periods specified by the Board.
b. For conditional Pardon – at least one month before the expiration of 1/2 of the minimum period
of the inmate’s indeterminate sentence
c. For parole – at least one month before the expiration date of his minimum sentence.
d. All of these.

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CA 3 Therapeutic Modalities

DEFINITION OF TERMS

ANGER MANAGEMENT – a specialized group activity discussing issues to control anger.

ANNOUNCEMENT - information given to all residents.
ATTITUDES – the general condition of the TC family as a whole, including incidences, positive and
Negative
BANS - a behavior shaping tool to prohibit a resident to a specific area, activity, verbal, another client.
BIG BROTHER - an older member of the community tasked to provide guidance to the
newly committed residents.
BOOKED – logged an incident to the Coordinator of the Day.
CARDINAL RULES - the principal guiding rule observed by all residents in a TC Community with
heavier corresponding consequences.
COERCION- the use of internal and external sources to heighten dissonance on the client and
magnify his choices and the specific consequences of his choices.
COMMUNICATION – a department which oversees the daily census, entry, news and other
information to be disseminated.
COMMUNITY - the residents of the TC Family.
COORDINATOR - the highest position attained by a resident in a TC Hierarchy, who works with the
staff in running the house, implementing rules. With corresponding status, a resident
has an authority over the other residents.
COORDINATOR OF THE DAY – assigned coordinator (resident) to oversee and address the
incidents, attitudes of the house through the use of behavior
shaping tools – talk to, dealt with haircut.
COUNSELOR- staff member position who assists the residents’ needs
DAILY STRUCTURE- list of day-to-day activities
DEPARTMENT HEAD- a ranking resident next to the coordinator in the TC Hierarchy assigned too
verse, monitor tasks to be done in a particular department.
DISSONANCE - the time period of admitting, denying before coming up with a decision.
DIRECTOR - the highest staff facility officer (Warden) who has direct command to both residents and
staff.
DORMITORY – a cell where the residents stays while on confinement
ENCOUNTER- a group process utilized to vent out concerns, anger and hurt feelings
ENCOUNTER BOX- box used to receive slips being dropped.
ENTERTAINMENT and RECREATIONAL ACTIVITY - an activity in the TC community aimed to
aid residents in treatment.
EVALUATION – an assessment done anytime during the treatment
EXPEDITING TEAM – a department that serves as police of the community to ensure order among
residents
EXPULSION - the ejection of one from the community because of his/her serious offense.
FRIEND - a resident who has the closest regard to the other resident.
GENERAL MEETING - a behavior shaping tool addressing serious infraction of a resident.
GENERAL WORKER – the lowest position in the TC hierarchy
GROUNDS- pertains to lawns, pathways and landscape
HAIRCUT - a behavior shaping tool consisting of a five-man panel that addresses a resident’
sin fraction.
HIERARCHICAL STRUCTURE – the chain of command of residents in TCMP.
HOUSE – pertains to the jail facility.
HOUSE RULES – are day to day standards that need to be followed inside the jail facility to ensure the
smooth and orderly flow of operation.
HOUSEKEEPING TEAM – a department that maintains cleanliness of the facility.
INFRACTIONS - a violation to the House Rules of the TC Family.
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LEARNING EXPERIENCE – a form of sanction that aid residents realize the value of correcting in
fractions.
MORNING MEETING - a daily ritual addressing attitudes of previous days, performed to start the day
right.
PEERS – friends of the same entry period.
PRE-MORNING MEETING- the activity preceding the Morning Meeting that discusses attitudes of the
house and eliciting theme of the week and word of the day.
PULL – UP – verbal reprimand done during the Morning Meeting.
RESIDENTS – terms used for inmates who are part of the TCMP community.
SENIOR RESIDENT – a member of the TC community having the position such as Static Group leader
and its Assistant and In Charge of various special services groups.
STAFF – refer to jail personnel.
STATIC GROUP – a group composed of residents known as permanent support group.
TALK TO – friendly reminder for resident violators.
TC FAMILY – refers to all residents of the TC community.
UNWRITTEN PHILOSOPHY – refers to a guiding value which residents reflect and hold on.
VIOLATOR – a resident who commits an act in violation of the TC/Jail Rules. The mandate of the Bureau
of Jail Management and Penology (BJMP) is both safekeeping and development of inmates.
The thrust of the Directorate for Inmates Welfare and Development is to devise programs for
inmate development to prepare them for their eventual reintegration into the
mainstream of society. Behavioral and psychological development is of utmost importance
since some offenders lack the necessary moral, emotional and psychological stability
to make them law abiding citizens upon release from jail.

The Therapeutic Community Modality Program (TCMP) is a self-help social learning treatment model which
utilizes the community as the primary therapeutic vehicle to foster behavioral and attitudinal change. In this
modality, the person learns and practices skills and responsibilities through structured activities that they can
transfer to the society upon their release. Each participant is expected to be a contributing member of the
community and develops the impetus to change by being a member of the community.

At present, TCMP is recognized as the backbone program of the BJMP for inmate development and is
being implemented in majority of the jails nationwide. The program was inconsistently
implemented as it wavered due to varied reasons. Despite the training of numerous jail personnel, the practice
of TCMP remained far from being ideal. A lot of modifications and deviations were introduced that some
programs lost their fidelity to the core essence of

TCMP.TCMP IN THE BJMP: BACKGROUND

In the BJMP, Therapeutic Community Modality Program (TCMP) was introduced in 1998 when a group of
personnel underwent a six (6) week live-in trainer’s training under the DAYTOP International trainers
sponsored by the US State Department. From then on, a number of BJMP personnel were trained by
DAYTOP trainers, namely Aloysius Joseph, Frederick Loke, Jimmy Curtin and Fernando Perfas. The
program was initially implemented in selected jails in the National Capital Region (NCR). The TCMP
training was cascaded to a significant number of BJMP personnel. The Jail National Training Institute
(JNTI) likewise incorporated the TCMP into its Program of Instruction (POI) for BJMP personnel
undergoing mandatory trainings. Despite the significant number of trainer’s training conducted, sustaining
the TCMP in jails remained a challenge. There is also the prevailing issue of development versus security.
The wardens were adamant to implement the program for fear of security laxity due to the increased
mobility of inmates during activities. The low ratio of jail personnel to inmates has caused such alarm.
Despite these factors, some jails continue to implement the TCMP but activities are mostly centered on the
Morning Meeting. The TC staffs are regularly rotated to other jails as part of the BJMP rules thus leaving a
vacuum on the respective jails if not properly relieved by another TC trained staff. This lack of constancy
and consistency makes it difficult for the program to thrive. Despite their TC training, TC staff generally
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 feels inept to handle the program. On assessment of the existing TCMP in certain jails, some modifications
were introduced which tend to deviate from the core essence of the program, hence this TCMP manual has
been crafted.

LAWS ON HUMAN RIGHTS

Human rights are the basic rights inherent to all human beings from birth until death. These rights include
the right to life and liberty, personal security, freedom from torture, freedom from discrimination and
freedom from arbitrary arrest, among others.

PREAMBLE

We, peoples of the Philippines, give highest value to the dignity and fullness of life of the human person
and share a common aspiration for human rights—even as we speak different languages and
dialects, profess different spiritual beliefs and uphold different ideologies.

Ours is a history of revolutionary struggle against all forms of oppression for national freedom, justice,
equality and peace. The same struggle and aspirations for freedom and respect for human rights have inspired
our collective spirit to become a nation proud of our heritage and diverse culture. Today, we rekindle the
same revolutionary spirit in our struggle against the negative effects of globalization, debt burden,
environmental destruction, social inequality and poverty. These make human and peoples’ rights our foremost
concern.

We assert that human and peoples’ rights are our fundamental, inherent and inalienable rights to life, dignity
and development. We recognize that these rights are universal, interdependent and indivisible and are essential
to fulfil and satisfy our civil, political, economic, social, cultural, spiritual and environmental needs. They are
what make us human. The growing democratization process and human rights consciousness as exemplified in
the active participation and assertion of civil society have served as tools in opposing all forms of human rights
violations and all forces that block our development as individuals and as a nation.

Therefore, we hereby proclaim by this declaration, the basic standards for the protection, promotion,
respect and fulfillment of human and peoples’ rights by the State.

INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and respect for these basic
rights should be guaranteed, protected and upheld by the State.

2. The State has the duty to safeguard and assure the dignity of its peoples as individuals and as members of
communities and ensure their capacity for self-development. The State should formulate policies, enact laws and
provide mechanisms that are in conformity with universal human rights standards.

3. The State has the obligation to provide the highest standard of living for its citizens by eradicating social,
economic, political, cultural, ethnic and gender inequalities. In the determination and implementation
of laws and policies, the government must always respect and consider the concerns of women, children and
youth, persons with disabilities, the mentally challenged, older persons, indigenous and Moro peoples, the
urban and rural poor, farmers and fisher folk, workers - local and overseas, public or private, whether formally
employed or not, displaced families and communities and other vulnerable sectors, with the view to ensuring
their empowerment.

4. The diversity and plurality of the Philippines must be safeguarded through respect and tolerance. The State must
respect and promote harmony and understanding between and among individuals, communities and
peoples. It must uphold non-discrimination among peoples regardless of age, race, ethnicity, religion, gender,
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 physical ability, sexual orientation, social beliefs and political convictions. Cultural traditions and
institutionalized power shall not serve as justification for any form of violence, abuse, neglect, or deprivation of
human and peoples’ rights.

CIVIL RIGHTS

5. We have the right to life, liberty, security and property. We have the right to a transparent, credible, competent
and impartial justice system, free from influence and corruption, where wrongs are redressed and
justice is dispensed fairly, speedily and equitably. We must have equal access to the courts and adequate legal
assistance. We must be treated equally before the law regardless of our political, social and economic status.

6. We have a right to the security and privacy of our persons and our homes. The State shall respect and uphold
our right to the privacy of communication, information, private transactions and affairs. The State shall ensure
our freedom of movement and liberty of abode.

7. The requirements of due process of law shall be observed before, during and after trial. The accused is presumed
innocent until proven guilty and shall enjoy the right against self-incrimination, the right to an independent and
competent counsel preferably of his or her own choice, and the right to be informed of such rights.

8. Detainees and prisoners have the right to humane conditions of detention with adequate food, space and
ventilation, rest and recreation, sanitary and health services, and skills training. They have the right to
communicate with counsel, family and friends and be visited by them. The right to practice their religious beliefs
and to express themselves shall likewise not be denied. The State must provide separate detention facilities for
women and children in conflict with the law. Detainees and prisoners shall be given the opportunity for
correction and rehabilitation towards their reintegration into society.

9. No person shall be subjected to arrests, searches, seizures and detention without due process of law. No suspect,
detainee or prisoner shall be subjected to torture, force, violence, intimidation, harassment or threats.
No accused shall be subjected to trial by publicity. Neither shall cruel, inhuman or degrading
punishment or treatment or incommunicado or solitary confinement be imposed.

10. We have the right against involuntary disappearances. The State shall protect its citizens from all forms of
systematic and massive extrajudicial and summary killings. The State shall take responsibility for
all the acts of its State agents and give information and assistance to the families of the disappeared.

POLITICAL RIGHTS

11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to meaningful
representation, participation and decision-making about individual and community concerns shall be recognized
and maintained. The protection of life, liberty and property, the upliftment of economic conditions and the
promotion of the general welfare are essential prerequisites of a truly democratic society.

12. Public office is a public trust. Transparency, accountability, integrity and competence are minimum standards
of good governance. It is the State’s duty to eliminate graft and corruption at all levels of the bureaucracy.
Towards this end, our right to information on matters involving public interest shall be safeguarded.

13. We have the right to determine, participate, intervene and take action in all matters that directly and indirectly
affect our welfare. The freedoms of speech, press, association and peaceful assembly shall at all times be
recognized and protected by the State.

14. The State shall provide equal access to opportunities for public service to all competent and qualified citizens.
The State must equitably diffuse political power and prohibit political dynasties in accordance with democratic
principles. 15.Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and
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 corrupt regime by means consistent with general principles of human rights.

15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and corrupt regime by
means consistent with general principles of human rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its citizens shall be
adequately nourished and free from hunger. The State has the obligation to establish a responsive social housing
program and protect the people from unjust evictions from their homes. Protection and assistance shall be
accorded marginalized families and vulnerable sectors of society.

17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally sensitive education,
responsive to our needs, which advances the culture of human rights.

18. The State must establish a responsive social welfare system that contributes to the continuous
improvement of its people and their lives. All public utilities should be accessible and affordable to meet the
peoples’ basic necessities.

19. Children and youth have rights to special care, education, health, and protection against all forms of abuse,
discrimination, exploitation, corruption, and conditions affecting their moral development. The best interest of
the child shall always take precedence in State policies and laws.

20. Women are partners of men in nation building. They have equal rights in civil, political, social, and cultural
aspects of life. The State shall protect and defend them from discrimination, exploitation, trafficking, assault,
battery and other forms of abuse and violence.

21. Men and women have reproductive rights. The State shall recognize the rights of all couples and individuals to
decide freely and responsibly the number, spacing and timing of their children and to have the information and
means to do so, and the right to attain the highest standard of sexual and reproductive health. The State
shall also recognize the rights of couples in making decisions regarding reproduction free of
discrimination, coercion and violence, as expressed in human rights documents.

22. The indigenous and Moro peoples have the right to equality with all other peoples and against all forms of
discrimination. They have the right to existence as distinct peoples free from assimilation as well as the right to
resist development aggression, which threatens their survival as a community Thus, the State shall assist and
support them in the protection and preservation of their culture, language, tradition and belief. They have an
inherent right to their ancestral domain, which must begiven urgent immediate attention and protection by the
State and should be respected and defended by all.

23. The State shall accord special protection to persons with disabilities. They have the right to
enjoyment of equal opportunity as well as appropriate and accessible social services, education, employment,
rehabilitation and social security.

24. Older persons shall be given preferential treatment by the State. They shall be given priority in terms of
accessible social security and health.

ECONOMIC RIGHTS

25. We have the right to a nationalistic and independent economic policy protected from foreign
domination and intrusion. We have the right to a self-reliant economy based on national
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 industrialization. We have the right to resist all forms of oppressive and unreasonable trade
liberalization, to oppose a subservient debt management strategy, and to repudiate all foreign debts that do not
benefit the people. The State shall develop efficient and effective debt management strategies that will benefit
the people and shall give preferential treatment to local capital.
26. We have the right to equal access to employment opportunities and professional advancement. The labor force
is the lifeblood of the country and all workers have the right to just compensation, dignified and humane working
environment, job security, the right to form and join unions and organizations, to bargain collectively, to go on
strike and to actively participate in political life. Discrimination in the work place, sexual harassment, slavery,
exploitation, and child labor shall not be tolerated. Moreover, overseas workers have the right to enjoy the basic
rights accorded to workers in their respective host countries, consistent with international labor laws or
standards.

27. Land, as a limited resource, bears a social function. The right to own land should be limited to Filipinos and
shall be guided by the principle of stewardship and subject to the demands of the common good. Peasants shall
have the right to own the land they till through a genuine agrarian reform program including support services.
Landowners shall also be protected from land grabbers through effective legal and administrative measures.

28. Fisher folk have the right of access to fishing grounds, to protection from foreign incursions and local large
scale/commercial fishing business, to genuine aquatic reforms and to the preservation and protection
of communal fishing grounds.

29. We have the preferential right to the judicious cultivation, utilization, and preservation of our natural resources
which will ensure an ecological balance that can support and sustain the total physical and economic well-being
of every person, family and community.

30. The marginalized and vulnerable sectors shall have preferential access/control to credit and micro-finance, and
the right to skills and livelihood training, which shall contribute to the constant improvement of
their lives.

COLLECTIVE RIGHTS

31. We have the right to self-determination. This right provides us with the freedom to develop ourselves as peoples,
preserve our culture and retain our national identity. Our peoples shall not be coerced into assimilation, nor
shall force evacuation, dislocation and displacement resulting from development aggression and other State
policies should be allowed. We have the right to resist any form of political, economic, social or cultural
domination by resorting to any legitimate means.

32. We have the right to a clean, safe and sustainable environment that supports an equitable quality of life.
Ecological balance must be preserved in the pursuit of national development because the capacity
of our resources to continue supporting our daily needs is limited. Collectively, we have the intergenerational
responsibility to protect, conserve and develop our natural environment for the enjoyment of present and
future generations of Filipinos.

33. We have the right to a social order, which is conducive to peace and development. It is the duty of the State to
undertake a comprehensive peace process that reflects the sentiments, values and principles important
to all peoples of the Philippines. Therefore, it shall not be defined by the State alone, nor the different
contending groups only, but by all peoples of the Philippines as one community. The promotion
and protection of our rights must be geared towards international understanding, solidarity among
peoples and nations, and friendship among all racial, ethnic or religious groups.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

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 The UDHR and other documents lay out five kinds of human rights: economic, social, cultural, civil,
and political. Economic, social, and cultural rights include the right to work, the right to food and water, the
right to housing, and the right to education. Documents like the International Covenant on Economic, Social,
and Cultural Rights, which was established in 1976, protect these rights. Conventions like the
Convention on the Rights of the Child safeguard the economic, social, and cultural rights of specific groups.
As with all types of human rights, the state’s responsibility is to protect, promote, and implement economic,
social, and cultural rights. Specific examples in this category include:
✓ The right to work in a safe environment for a fair wage
✓ The right to access medical care, including mental health care
✓ The right to accessible education
✓ The right to adequate food, clothing, and housing
✓ The right to affordable sanitation and clean water
✓ The right to take part in cultural life
✓ The right to enjoy the benefits of scientific progress
✓ The right to social security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal Declaration of Human
Rights. They state that people must be allowed to participate freely in civil and political life without facing
repression or discrimination. While economic, social, and cultural rights are framed as rights a person is
entitled to, most civil and political rights are about protection from certain things, like torture and slavery.
Documents like the International Covenant on Civil and Political Rights and its two Optional Protocols
outline rights such as:

✓ The right to life, which is violated by actions like death by torture, neglect, and use of force
✓ The right to freedom of expression, which is violated by restricting access to ideas and limiting press
freedom
✓ The right to privacy, which is violated by intruding on a person’s sexual life or personal data
✓ The right to asylum, which is violated by deporting someone to a country where their lives are at risk
✓ The right to a fair trial and due process, which is violated by a court that’s not impartial and excessive
delays
✓ The right to freedom of religion, which is violated when someone is punished for following their beliefs
or forced to adopt another religion
✓ The right to freedom from discrimination, which is violated when traits like race, gender,
religion, etc are used as justification for actions like being fired from a job.

TREATMENT VS. PUNISHMENT

NATURE AND TRENDS OF PUNISHMENT
Punishment is a means of social control. It is a device to cause people to become cohesive and to
induce conformity. People believe that punishment is effective as a means of social control but this
belief is doubtful. There is no question, however, that some forms of punishment are more effective
inone society than in another. For example, punishment in a small well bordered community, where
people practically know everybody, is more effective in inducing conformity than in a highly mobile
metropolitan city.
The general concept of punishment is that it is infliction of some sort of pain on the offender
for violating the law. This definition is not complete in the sense that it does not mention the condition

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 under which punishment is administered or applied. In the legal sense, it is more individual redress, or
personal revenge. Punishment, therefore, is defined as the redress that the state takes against an
offending member.
Punishment is restricted to such suffering as is inflicted upon the offender in a definite way
by, or in the name of, the society of which he is a permanent member. Punishment must be intended
and not accidental, to produce some sort of justified suffering on the offender. It is essential that the
offender should be forcibly made to suffer and that society is justified in making him
suffer. Punishment is a form of disapproval for certain behaviors that is followed by imposing a
penalty. Punishment makes the offender stigmatized and penalized. The offender may or may not
actually suffer, under the intentional application of punishment, depending on the circumstances it is
applied and the toughness of the individual offender.
FORMS OF PUNISHMENT
The forms of Death penalty Corporal Public humiliation
punishment in was carried out punishment was and shaming were
primitive by inflicted the effected by
society were: offender by
Death penalty 1. Hanging 1.Flogging 1.the use of stocks
Corporal 2. Burning 2.Mutilation and pillory
punishment 3. Immersing in 3.Disfiguration 2.docking stool
Public boiling oil 4. Maiming 3.branding
humiliation and 4. Feeding to 4.shaving off the
shaming wild animals the hair, etc.
Banishment 5. Other barbaric
ways.
Justifications of Punishment

The theories or justifications of punishment vary from one stage of civilization to another. The
most common justifications of punishment are retribution, expiation or atonement, deterrence,
protection and reformation.

Retribution

In primitive days punishment of the transgressor was carried out in the form of personal
vengeance. Since there were no written laws and no courts, the victim of a crime was allowed to obtain his
redress in the way he saw fit. Oftentimes, the retaliatory act resulted to infliction of greater injury or loss
than the original crime, so that the latter victim was perforce afforded his revere. Punishment therefore
became unending vendetta between the offender and the victim. Later, an attempt was made to limit the
retaliation to the degree of injury inflicted, thus the philosophy of “an eye for an eye” evolved. During this
period nearly all offenses that are now included in criminal codes as public crimes, were considered private
offenses for which the victims were allowed their redress through personal vengeance.

There were a few offenses, however, which were regarded as crimes committed against the native
gods. People being then superstitious, believed that any catastrophe that befell the group was a retaliation of
an offended god. In order to appease the offended god, the social group or clan demanded that the supposed
offended be banished or put to death. Witchcraft was considered a public crime and person suspected of
being a witch was tortured, banished or put to death.

Expiation or Atonement

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 This theory or justification of punishment was also advocated during the pre-historic days. Assort
of common understanding and sympathetic feeling developed in the group. An offense committed by a
member against another member of the same clan or group aroused the condemnation of the whole group
against the offending member. The group would therefore demand that the offender be punished.
When punishment is exacted visibly or publicly for the purpose of appeasing the social group, the element
of expiation is present. Expiation is therefore, group vengeance as distinguish from retribution which is
personal vengeance. Punishing the offender gives the community a sense of its moral
superiority, an assurance that virtue is rewarded after all. Hostile action against the offender
brings about cohesiveness in society. Corporal punishment in most modern countries has been abolished
and the application of punishment has tended to be withdrawn from the public eye. Some
segments of society, however, still cling to the belief wrong doing or in order that punishment be
punishment.

Deterrence

It is commonly believed that punishment gives a lesson to the offender; that it shows other what
would happen if they violate the law; and that punishment holds crime in check. This is the essence of
deterrence as a justification for punishment.

Cesare Beccaria, an exponent of the Classical School of Criminology and whose writings at the end
of the 18th century renovated the punitive justice system of Europe, contended that the intent of punishment
should not be to torture the criminal or to undo the crime (expiation) but to “prevent others from committing
a like offense”. He advocated the theory that “a punishment should have only that degree of severity which
is sufficient to deter others. It is doubtful if punishment is as the proponents think.
In one New England state during the 18th Century, theft was punishable by whipping
the offender in the public plaza. The purpose of whipping the thief within the public view waste deter others
from committing the same offense. Public whipping, however, did not diminish the incidence of the theft in
that state. In England during the 18th century, pick pocketing was one of fifty offenses punishable by
hanging. The offender was hanged on a Sunday afternoon in order to draw the largest number of spectators.
The hanging would be preceded by a brass band playing in the morning until in the afternoon. On this
occasion, thousands of spectators would mill their way in the crowd to obtain better view of the victim at the
condemned man was executed. On this same occasion professional pick pocketers were busy plying their
trade in the crowd. The multitude that came to view the hanging were there to see how the offenders
withstood their fate, how callous they were, and how they would react to the jeers and chastisement of the
crowd. In some instances, punishment undoubtedly has a deterring effect. For the great mass of infractions
of the law, however, the fear of punishment does not enter into the causation.

The conception of deterrence presumes that the person thinks before he acts and that all he has to do
is to think of the consequences and then he will be deterred. Actually, this is not so because offenders commit
crimes without the fear of punishment uppermost in their minds. There are certain types of offenders who
could not be deterred by the fear of punishment, namely, the behavior of the moment type involved in crimes
of anger and passion; and the type of offender whose antisocial behavior is connected with his personality
pattern and is part of his approach to life as exemplified by the psychopathic offender and the neurotic
offender.

There is no doubt, however, that some types of offenders, particularly first offenders, can be
stigmatized by the lightest form of punishment. To others more inured in crime; going in and out of penal
institutions does not deter.

Protection

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 Protection as a justification of punishment came after prisons, were fully established. People believe
that by putting the offender in prison, society is protected from his further criminal depredation.
If this were so, vicious and society is protected from his further criminal depredation. If this were so, vicious
and dangerous criminals should be made to serve long terms of imprisonment. Recidivism and habitual
delinquency laws are expected to attain this end.

How effective is protection as justification of punishment? Or how effective is imprisonment as a

means of protecting the community against crime?

According to statistics, the prison population of the Federal Bureau of Prisons and the
Correctional Departments of Minnesotta and Washington DC represent a very insignificant portion (only
3.5%) of the whole criminal population. Ninety-six and five tenth percent (96.5%) of crimes reported to the
police remain at large. These figures do not include crimes not reported to the police, the volume of which
is unknown. Therefore, from these data we can conclude that imprisonment cannot protect society from
crime. Even if all convicted offenders were kept in prison for life, still the96.5% who are at large will
continue to plague society. Also, imprisonment as an end of punishments not tenable because prisoners are
released within a short period of confinement. Statistics show that their average stay inside prison is from
three to five years, after which they are again ready to commit further crimes.

Reformation

This is the latest justification of punishment. Under this theory, society can best be protected from crime
if the purpose of imprisonment is to reform or rehabilitate the prisoner. Advocates of this theory contend that
since punishment does not deter; in as much as imprisonment does notprotect society from further
commission of crimes because the greater portion of the criminal population is at large; and
because prisoners stay in prison for a short time, from 3 to 5 years only, society’s interest can best be served
by helping the prisoner become a law-abiding and productive citizen upon his return to the community
by making him undergo an intensive program of rehabilitation in prison. Theoretically, imprisonment
for reformation is sound, but practically, rehabilitation is difficult to achieve. Some prisoners are reformed,
but about 50% get relapses. Failure to reform prisoners maybe due to poor administration of the reformatory
program, or it may lie in the make-up of the criminal population. Probation, which is a substitute for
imprisonment, and parole which an early release from prison, are intended to reform the offender. A
new concept of correctional administration has developed; thus, reformation and rehabilitation are
now thought of as “treatment”. Treatment through institutional programs and through probation and parole
services is the modern version of reformation and rehabilitation.

LIMITATIONS OF PUNISHMENT

Punishment has certain limitations on the offender, in spite of the above-enumerated justifications, are:

1. Punishment makes the criminal cautious about concealing his criminal activities
2. Stigmatizes him and isolates him from society; makes him a martyr or a hero; and develops in him an
antisocial grudge and a strong resentment of authority.
3. Punishment on the other hand does not deter; does not repair damage to society; or
reconstruct the personality of the offender.

Trends of Punishment

The principal trends of punishment are in the development of exemptions, pardon, and
communications; the decline in the severity of punishment; the growth of imprisonment and its
modifications; good time allowances; indeterminate sentences; suspended sentence and probation,
conditional release, parole, short sentences, and fines.

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Exemptions of Punishment

The basis for exemptions is usually social. In Europe, Kings and Rulers in ancient and early modern
society could do no wrong. Upper classmen were often times exempted from criminal liability for
offences, which caused the commoner long imprisonment or death penalty.

Most countries today do not punish offenders for absence of “mens rea”, that is absence of a guilty
mind or lack of criminal intent. The right of sanctuary was practiced in the early Christian era. The benefit
of clergy was originally given to clerics who did not wear ecclesiastical robes from being tried by lay courts
but only by ecclesiastical courts. Latter the privilege was extended to anyone who could read and write.
Age of the offender was another basis for exemption from criminal responsible. Under juvenile delinquents
are not legally classified as criminals.

The mental condition of the offender is another basis for exemption from criminal responsibility.
The M’Naghtan case of England (1843) held the opinion that an offender is to be considered sane and
responsible until is proven that he was insane at the act was committed, and therefore, could not have known
right from wrong. This doctrine holds true in every progressive country today. Reformist would want the
criminal insane, such as the criminal psychopaths and criminal neurotics, handled by special laws and
procedures in courts and to provide specialized mental institutions for their care. There is now
a move that in cases where the plea is “ no responsibility” because of insanity or mental disturbance,
juries should be concerned only with the problems of establishing guilt and that a panel of experts appointed
by the courts; should determine the disposition to be made of the case.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

The Philippines takes pride in its unique and indigenous way of settling disputes and treating both
offenders and victims at the village ("barangay”) level. The system is called "Katarungang
Pambarangay" (Village Justice System). When a complaint is reported or an unresolved conflict or dispute
from the barangay level is elevated to the jurisdiction of the police, the victim is viewed as complainant. If
a criminal charge progresses up to the courts, the victim continues to act in the role of prosecution witness
in the case against the offender.

Under the Rules of Court, the victim may seek restitution for damages from the crime by filing a
civil suit against the offender. A victim/witness who believes himself/herself to be in danger from an offender
can apply for admission into the WITNESS PROTECTION, SECURITY, and BENEFIT
PROGRAM OF THE DEPARTMENT OF JUSTICE. A Board of Claims was created in 1992 under the
Department of Justice to grant COMPENSATION FOR VICTIMS of unjust imprisonment or detention
and victims of violent crimes. The law specifies the administrative procedure for filing the victim’s claim
through the Board of Claims. The Commission on Human Rights exists under a constitutional mandate to
act as an independent office to protect and promote human rights. This commission provides financial
assistance to victims of human rights violations or their families, so as to help alleviate suffering and sustain
their basic needs within a specified period. Further, the Philippine Government has enacted laws that protect
the rights and address the needs of certain categories of victims, notably children, women, and migrant
Filipinos. This chapter also discusses Philippine civil society’s role in victims' support, as well as the
challenges and prospects of victim support schemes. The chapter concludes that prospects for victim support
in the Philippines are promising because of pending legislation designed to further protect human rights in
the areas of child abuse and specific harms suffered by crime victims.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

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1.WITNESS PROTECTION, SECURITY AND BENEFITS PROGRAM

It is a program established under Republic Act No. 6981, "The Witness Protection, Securityand
Benefit Act", which seeks to encourage a person who has witnessed or has knowledge of the commission of
a crime to testify before a court or quasi-judicial body, or before an investigating authority, by protecting
him from reprisals and from economic dislocation.

Who can be admitted into the Program?

✓Any person who has knowledge of or information on the commission of a crime and has testified or is
testifying or is willing to testify.
✓A witness in a congressional investigation, upon the recommendation of the legislative committee
where his testimony is needed and with the approval of the Senate President or the Speaker of the House
of Representatives, as the case maybe.
✓A witness who participated in the commission of a crime and who desires to be a State witness.
✓An accused who is discharged from an information or criminal complaint by the court in order that he may
be a State witness

Who are disqualified for admission into the Program?

An applicant will not be admitted into the program if:
✓the offense in which his testimony will be used is not a grave felony;
✓his testimony cannot be substantially corroborated in its material points;
✓he or any member of his family within the second degree of consanguinity or affinity has not been
threatened with death or bodily injury or there is no likelihood that he will be killed, forced, intimidated,
harassed or corrupted to prevent him from testifyingor to testify falsely or evasively because or on account
of his testimony; and
✓if the applicant is a law enforcement officer even if he will testify against other law enforcement officers.
The immediate members of the applicant may, however, be admitted into the program.

What benefits may a witness under the Program receive?

The benefits include the following:
✓Security protection and escort services.
✓Immunity from criminal prosecution and not to be subjected to any penalty or forfeiture for
any transaction, matter or thing concerning his compelled testimony or books, documents or writings
produced.
✓Secure housing facility.
✓Assistance in obtaining a means of livelihood.
✓Reasonable traveling expenses and subsistence allowance while acting as a witness.
✓Free medical treatment, hospitalization and medicine for any injury or illness incurred or suffered while
acting as a witness.
Burial benefits of not less than Ten Thousand pesos (P10,000.00) if the witness is killed because of his
participation in the Program.
✓Free education from primary to college level for the minor or dependent children of a witness who dies or
is permanently incapacitated.
✓Non-removal or demotion in work because of absences due to his being a witness and payment of full
salary or wage while acting as witness.

2.VICTIMS COMPENSATION PROGRAM

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 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?

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

3. REPUBLIC ACT NO. 10368

“An act providing for reparation and recognition of victims of human rights violation during the Marcos
Regime, documentation of said violations, appropriating funds therefor and for other purposes”

RIGHTS OF CRIME VICTIMS. --A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.

(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any
parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear
and convincing evidence, determines that testimony by the victim would be materially altered if the victim
heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea,
sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
(10) The right to be informed of the rights under this section and the services described in
section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C.10607(c)) and
provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.

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DIFFERENT THERAPEUTIC/ TREATMENT MODELS

CORRECTION AND REHABILITATION OF PENITENT OFFENDERS

To effect the rehabilitation and reintegration of probationers, parolees, pardonees, and first-time minor drug
offenders as productive, law-abiding and socially responsible members of the community through
well-planned supervision programs for probationers, parolees, pardonees, and first-time minor drug
offenders which are aligned to national program thrusts of the government, such as, the Sariling-Sikap, Jail
Decongestion, etc. establishment of innovative and financially and technically feasible projects for the
moral, spiritual and economic upliftment of probationers, parolees,pardonees, and first-time minor
drug offenders utilizing available community resources.
The Administration has adopted a harmonized and integrated treatment program for these clients to
affect their rehabilitation. This harmonized and integrated program involves (1) The Therapeutic
Community Modality (2) The Restorative Justice Principles and Concepts and (3) the Use of Volunteer
Probation Aides (VPAs).
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, namely, behavior management,
intellectual/spiritual aspect, emotional and social aspects, and vocational/survival aspects.
In this regard, the Therapeutic Community Modality provides a well-defined structure for asynchronized
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 a
reorganized 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.

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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.
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

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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.

VICTIM’S REPARATION AND EMOTIONAL RECOVERY PROGRAMS

The criminal justice in the Philippines recognizes the significance of rehabilitation and
reintegration of convicted felons in the community. Evidently, Correction, being one of the pillars of
Philippine Criminal Justice System (PCJS) adopted various rehabilitation programs such as the following:
(a) Moral and Spiritual Program; (b) Education and Training Program; (c) Work and Livelihood Program;
(d) Sports and Recreation Program; (e) Health and Welfare Program; and (f)Behavior Modification Program,
to include Therapeutic Community (TC).

REPARATION - refers to the process and result of remedying the damage or harm caused by an unlawful
act.

PURPOSE OF REPARATION

1. Generally understood to reestablish the situation that existed before the harm occurred.
2. It can also serve as a measure to end ongoing breaches and to deter future ones, as a vehicle for
reconciliation or to restore relations between the violator and injured parties, as well as a basis to repair
or rehabilitate physical and psychological integrity and dignity.

In international law, a breach of an international obligation gives rise to a duty to repair the harm
caused. The obligation to make reparation follows a determination that a particular act caused, or sufficiently
contributed to, the harm or damages and implies a level of wrongfulness. However, certain international law
agreements may also impose an obligation to afford reparation for losses irrespective of fault.
It has been recognized that reparation must “fully” repair any injury, including any material or moral damage
caused by the wrongful act. It must, so far as possible, wipe out all the consequences of the illegal act and
reestablish the situation that would, in all probability, have existed if that act had not been committed.

THE RECOGNIZED FORMS OF REPARATION

1. RESTITUTION relates to the reestablishment of the situation that existed before the wrongful act
was committed.
2. COMPENSATION is for any pecuniary and nonpecuniary losses, including loss of profits and
employment.
3. REHABILITATION refers to long-term medical and psychological care and surgeries as well as
legal care,
4. SATISFACTION refers to measures such as formal acknowledgment of the unlawful character of
the breach, apologies, and prosecutions.
5. GUARANTEES OF NONREPETITION are forward-looking remedies focusing on prevention that
can refer to either measures of deterrence aimed at protecting a victim from further harm or broader
measures, such as legal and institutional reform and vetting of public officials aimed at avoiding
the wider conditions that allowed for the breach.

These forms, afforded singly or in combination, feature in the United Nations Basic Principles and
Guidelines on the Right to a Remedy and Reparation, adopted by the UN General Assembly in 2006.Article
34 in the International Law Commission’s Draft Articles on the Responsibility of States for Internationally
Wrongful Acts lists restitution, compensation, and satisfaction as the forms of reparation.

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 The Therapeutic Community Modality Program and the Four Interconnected Development
Aspects: Behavior Management; Emotional and Psychological; Intellectual and Spiritual; and Vocational
and Survival Skills.

The Therapeutic Community Modality Program is adopted by the bureau in attaining one of its mandates,
the “Development of Inmates” however there are issues and concerns attributed to the program
implementation that needs to be addressed to ensure its effectiveness. The TCMP believes that
a person needs to have a strong sense of personal and social responsibility in order to live a fully functional
healthy lifestyle.

The conceptual paradigm of the study elaborates the four development aspects of TCMP, these are:
behavior management, emotional and psychological, intellectual and spiritual, and vocational and survival
skills, showing special areas of concern in the individual’s personality. Each component has very
discrete sets of activities, methodologies and philosophies and underlying theories that help promote change
in the members of the community and the use of various behavior shaping tools are
interconnected/interrelated with one another.

CARDINAL RULES IN TC

* No sex or sexual acting out

* No drugs/ Alcohol
* No violence or threat of violence
* No stealing

HOUSE RULES: Examples

 No destruction of jail property

 Respect staff and status
 Follow directions without feedback
 No cigarette smoking
 No contraband
 No gambling
 Be on time in all activities
 Lights off at 10:00 PM
 No talking/laughing after lights off
 Maintain good grooming and hygiene
 No vandalism
 Be courteous to people
 Use the chain of command
 No talking/laughing during the Morning meeting and other activities
 No lending or borrowing without permission
 Respect other people’s property
* Please refer to Inmates’ Manual for additional house rules.

PHASES OF TREATMENT

TCMP in the BJMP set up is quite unique in the sense that inmates are in custody
while undergoing trial for their individual cases. Their length of stay is determined by how fast is the
disposition of their cases. The cases may be decided upon after a short period of time or may last for years.
Though the different phases of treatment are observed, it cannot be fully implemented or may not be followed
as scheduled due to the uniqueness of the status of the residents.
Phase I- Entry/Orientation Phase
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Once an inmate is committed to jail, he undergoes a series of examination to determine his physical, social
and psychological status. Upon his commitment, a resident is placed on orientation at the Reception
and Diagnostic room/ Orientation Room. In here, he is acquainted with the TC program:

- The rules and norms of the community

- TC concepts, written and unwritten philosophy
- The staff and the members of the community
- The tools of the house
- Job functions and TC hierarchy

He is then assigned a static group and a big brother who will provide him with support and will walk him
through the orientation phase. At this phase, the resident is handled gently and is expected to commit
mistakes in the process of learning the program. Sanctions on negative behavior are usually light with
emphasis on teaching.

Phase II- Primary Treatment

After proper orientation on the different TC concepts and tools, the norms and rules of the
community and the staff members, the resident is now ready to undergo the treatment proper. He becomes a
part of the community starting as a crew member of the housekeeping department until he gradually ascends
in the hierarchy. He must be knowledgeable on the following:

• Proper use of the different tools to address personal issues and concerns and shape behavior
• Managing own feelings and learning how to express self appropriately
• Learning how to follow the rules and norms of the community
• Maximize participation in activities that are appropriate to the resident’s need for growth
• Learning how to trust the environment by disclosing self to the community and develop insight in the process
• Developing positive coping skills to deal with difficult life situations
• Enhancing educational and vocational skills to make him productive
• Improve social skills and recognize the importance of other people’s help in shaping behavior

Phase III- Pre-Re-entry

Under regular circumstances, the resident is expected at this stage to have internalized the TC values and
concept to start life afresh. However, in the jail setting where entry and release are not within the jail control,
residents may not have reached this phase of treatment before they even leave the jail facility.

Regardless of the resident’s length of stay, he is expected to undergo this phase prior to release into society.
At this phase, the resident is expected to have proven his ability to take on more responsibility hence needs
lesser supervision. He is considered a role model in the TC community. He should focus on the
following learning:

• Rebuilding of social and family ties

• Going up the ladder of hierarchy by showing leadership
• Realization of his full potential to be a productive member of society
• Mapping out of plans

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Phase IV- Re-entry

In the ideal setting, a resident at this stage is now ready to be released back to society as he has demonstrated
adequate self-control and discipline. The inmate is now preparing for his life outside of jail and is focused on
making himself a productive citizen. He may start planning for job hunting and rebuilding family ties and
relationships.

In the jail setting, the residents will stay inside the jail until their cases are resolved or they have been
convicted and need to be remanded to the Bureau of Corrections. The resident must focus on the following:

• Transition to life outside of jail.

• Creating a new lifestyle applying the tools and concept of TC.
• Learning positive coping skills to deal with day to day situations
• Re-establishing and strengthening family ties and support group.
• Reintegration into the mainstream of society.
• Developing realistic and attainable goals in life.

Phase V- Aftercare

Aftercare is an outpatient program that requires clients to report twice a week to an outreach center. They are
required to attend group sessions to ensure their adjustment to life outside jail to reduce recidivism. For clients
released from jail, they are referred to the Parole and Probation Administration and Local Government Units
for follow up and aftercare. The clients are focused on the following:

• Maintaining positive behavior and prevent recidivism

• Strengthening coping mechanism
• Maintaining relationships and support mechanism
• Sustaining interest in job or vocation to maintain livelihood
• Integration into society

STANDARD PARAMETERS FOR JAIL TCMP

A. Physical Environment:

• The internal and external environment is comfortable, clean and welcoming.

• TC Philosophy and unwritten philosophies are visibly posted around the facility.
• Hierarchical structure and daily activities are displayed.
• There is adequate space to hold activities and rooms for specific meetings that require privacy.
• A clean and well-maintained kitchen that complies with the sanitary standards of BJMP.
• Provision of recreation areas both indoors and outdoors.
• The dining area is equipped with enough tables and chairs to accommodate the inmates. Adequate
sanitary toilets and bathrooms that provide privacy to users.
• Adequate space for sleeping and habitation that respects the individual’s personal space.

B. TCMP Staff:

• The TCMP staff has undergone proper training on TCMP

• Presence of a permanent TCMP staff to supervise the program and conduct the various activities
• The TCMP staff will not be transferred to other jails until properly covered by another TC trained staff
• There is proper shift turn-over of TC trained staff on a daily basis

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• TCMP staff can be utilized to handle other tasks but puts priority to TCMP
• Regular meetings are held by staff to discuss progress, issues and concerns about the program
• All the jail staff are involved in the TCMP and are contributing members
• The staff works as a team in delivering services to inmates
• The staff serves as role models and treats inmates with respect and dignity
• Incentives are given to TCMP staff in terms of awards and commendations

C. The Therapeutic Environment -The Inmates/ Residents:

• The residents treat each other with respect at all times regardless of age, religion, cultural diversity, etc.
• The residents practice a culture of honesty and openness in discussing thoughts and feelings, providing
and receiving feedbacks
• Confidentiality is respected and practiced
• The residents are involved in decision making and planning in TCMP activities
• The participants of TCMP are change agents in bringing about transformation among peers
• The residents comply with the cardinal and house rules and serve as “watchdogs “for their peers with the
aim of correcting erring members
• Absence or minimal incidence of jail violence/disturbance
• The residents respect the hierarchy and chain of command

TCMP CONCEPTUAL FRAMEWORK

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BEHAVIORAL Management

Noted: Cessation and non-repetition are dealt with separately, as independent obligations stemming
from the wrongful act.
BEHAVIOR MODIFICATION is a therapeutic approach designed to change a particular
undesirable negative behavior.

By using a system of positive or negative consequences, an individual learns the correct set of
responses for any given stimulus. The practice has several offshoots that attempt to alter behavior through
different actions and has developed throughout the years. Behavior modification has been found to be
successful in treating disorders like attention deficit hyperactivity disorder (ADHD) ,obsessive-
compulsive disorder (OCD), phobias, separation anxiety, generalized anxiety disorder (GAD),
disruptive behavior and autism, among other conditions.
This isn’t quite the Pavlovian dog salivation scheme you may be familiar with. That’s classical
conditioning. The way operant conditioning and thus behavior modification in this sense differs is in the
nature of the responses. Unlike Pavlovian conditioning, which generally deals with elicited or reflexive
responses, Skinner’s theory works with voluntary responses. Behavior modification is commonly
used in schools and at home, as well as in rehabilitation settings.
The belief behind behavior modification is that all behaviors can be observed and measured, and
used as targets for change. As a result of those consequences (positive or negative), a person can learn, shape
or eliminate certain behaviors. Before we delve into the different approaches of behavior modification, let’s
look at some key terms to avoid confusion:

• Antecedent. An antecedent comes prior to the (un)desired behavior. It is changeable and can
consequently, be altered or removed in order to affect the behavior.
• Consequence. Consequences usually indicate something bad, but in this context consequences can
be good or bad. These occur after the behavior occurs and can change as well. These are also
referred to as reinforcers (to strengthen behavior) or punishments (to weaken behavior). Since
both reinforcement and punishment can be good or bad, here are some more details to
uncomplicated the explanation:
• Positive reinforcement is given when a desired behavior occurs and strengthens that behavior. For
example, if Bobby eats all his carrots, he will then get dessert.
• Negative reinforcement occurs when an unpleasant stimulus is removed for the desired behavior
and strengthens behavior. For example, each morning Bobby’s mom comes in and wakes him up
for school by singing. Bobby doesn’t want to hear her sing in the morning so he learns to wake up
before she comes in the room.
• Response cost is like a punishment because a positive stimulus is removed. A response cost is
designed to weaken undesirable behavior. For example, Bobby doesn’t want to share toys with his
sister, so his mother takes one away as a result.
• Punishment occurs when a negative stimulus is added to weaken behavior. Using our earlier
example thread, if Bobby doesn’t want to share or play nicely with his sister, punishment might
include a timeout.
• Extinction happens when there is no reinforcement for behavior, thus weakening the response.

These are only a few of the basic terms used in behavior modification. They might seem a little confusing
at first, but human nature doesn’t always respond to one set of stimuli. The varying terms help clinicians and
counselors to understand what types of actions warrant certain responses and help them to figure out what
exactly are our motivations for acting the way we do.

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 The Behavior Management is a component of Therapeutic Community Modality Program (TCMP) that
introduces the concept and mechanics of the various shaping tools to include Morning Meeting in order to
facilitate the management of and shape the behavior of the residents. This shows the essential elements and
significance of the tools which would provide the community common language, increase cohesiveness and
adapt to the moral and behavioral code of the tools application. The behavior shaping tools are ordered in
hierarchy to provide enough room for personal growth and learning. The community serves as a dynamic force
that motivates the individual to achieve positive behavior change.

Objectives:

1.) To introduce the concept of behavior management through the use of various behavior shaping
tools to residents.
2.) To institutionalize the practice of behavior shaping tools to foster behavior change among
residents.
3.) To highlight the importance of behavior management in relation to the other TCMP
components towards attitudinal change among residents.
Indicators:

1.) Residents will understand the different Behavior Shaping Tools and practice them as part of their
daily living.
2.) Residents will utilize the different behavior shaping tools in promoting change within
themselves and others.
3.) Residents will display improvement in demeanor, communication and social skills.
4.) Residents will understand the relevance of the different tools in the attainment of behavioral change

HIERARCHY OF BEHAVIOR SHAPING TOOLS

Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice of
more adaptive behaviors within the social learning environment. The major tools of the BST, such as the
Talk To, Pull–up, Dealt With, Haircut, Learning Experience, General Meeting and Expulsion were
developed as a means to correct behaviors of the residents that violated the TC norms. The Hierarchy of
Behavior Shaping Tools will serve as a guide to determine which of the tools are appropriate
to be used based on the severity of the infraction or violations committed by the residents against the TC
Rules as shown in Figure 1.

TALK TO

A “Talk To” is an outright correction done by any member of the TC community to another member
who has done a minor infraction but is not aware of it. It is a friendly reminder/advice about an unacceptable
behavior and must be done privately. During a “Talk To”, the resident is made aware of his/her negative
behavior and the results it may have on others and the environment. The feedback given to
the resident who committed mistake is done in a positive way. This is to evoke awareness on the part of the
violators to avoid committing the same mistake and be given heavier sanctions if done in the future.

PULL-UP

A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the members of
the community are responsible to pull-up minor infractions done by peers. It encourages honesty, demeanor
awareness and owning up to one’s mistakes. This is done when the violator is unknown and must be validated
first prior to bringing up in the Morning Meeting.

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 Pull-ups create a certain degree of dissonance on the guilty party whereby there is a strong internal
conflict whether to practice honesty or continue to live in a lie. When the resident is able to overcome the
impulse to lie and start practicing honesty, his commitment to live by the TC standards increases.

The resident receiving the pull-up is expected to listen without saying a word, assume that it is valid,
quickly display the corrected behavior and express gratitude in receiving it. After one member did the pull-
up, other residents who want to show concern can make elaborations to give emphasis to the infractions and
concretize the admonitions that need to be relayed to the violator. Two to three elaborations are ideal.

Too many elaborations are discouraged as they may take so much time. Focus should be given to the
behavior and not the person. It is meant to raise awareness and not to punish or embarrass the violator.
Personal attacks, shaming or the use of racist language are strictly forbidden during pull-ups. It should be
emphasized that pull-ups are done out of responsible love and concern to avoid creating negative feelings
during the process.

In a situation wherein no one stood and owned up a negative behavior raised in the pull-up the resident
doing the Pull-Up will narrow down the Pull-Up to make it clear and specific, stating the place and time of
the occurrence. In the event that nobody stood to own it up, the resident doing the Pull-Up will instead ask
the community to stand and there, he/she will deliver his pull-up addressing he entire family believing that
the violator is a responsibility of the whole community

DEALT WITH

Dealt With is done when negative behaviors or infractions to the House Rules/Norms are done for the
second time of same offense by a resident.

A panel of three (3) composed of a senior resident, peer and a friend are tasked to deliver a serious and
stern reprimand to the subjected resident.

Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff should
monitor its conduct to ensure that the panel assigned to the task really acted appropriately. Itis done privately
in a room or an area with no other else hearing the conversation.

HAIRCUT

Haircut is done when negative behaviors or infractions to the House Rules/Norms in same offense are
done for the third time or more or for first time grave offenses. It is a carefully planned and structured verbal
reprimand given by a Staff with four other residents - Senior Resident, Peer, Big Brother,and Department
Head. The tone is more serious and can be loud, harsher and more exaggerated.

This is done to induce anxiety and eventually change the person’s behavior. Before the group calls in
the person, they will discuss among themselves the order of speakers, how intense the haircut will be and
what sanctions will be given if any. The resident is then called inside and waits until he is asked to sit.

He will be asked if he knows the reason for his appearance. After the person’s response, he will be
asked to sit and remain silent to enable him/her absorb all the advices.

The haircut gives emphasis on the behavior of the resident and the severity of the haircut should be
appropriate to the gravity of the offense. Each member of panel is given ample time to express himself
without interruption from the other members. The staff or peer who booked the haircut should not be part
of the team so as to avoid bias or subjectivity. Before a resident be subjected to Haircut, his/her infraction

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must be first investigated, discussed and decided by the Disciplinary Board (Book II, Rule 2, Section
4 of the BJMP Manual). Sanction/Learning Experience that has been decided upon by the jail Disciplinary
Board and the TCMP staff will be imposed after the Haircut.

LEARNING EXPERIENCE

A Learning Experience (LE) is an action or activity given to a resident who was subjected to Haircut
or General Meeting who did an infraction to correct or modify a behavior. LE may be task –oriented, written
task or peer interactions. Since TCMP is educational rather than punitive in its approach to behavioral
change, the LE should be done in a way that would remind the person of the negative attitude he has done
without compromising his human dignity. The intent of the LE is not to stigmatize the person but to motivate
him to make restitutions for the wrong doings he committed and redeem himself in the community.

The LE should be related to the infraction committed for him to focus on the behavior expected of him
in the community. It should not be given as a punishment but rather a motivation to develop more positive
attitude. This will develop a sense of responsibility on him while stressing his inadequacies.
LE should be realistic and humane. Putting a person on LE for more than one (1) week may lessen the
learning objective. Putting the person on LE for an extended period of time or sanctions that are
far harsher than the offense or may deny him of the basic necessities may border on abuse and violation of
human rights.

Close supervision with clear goals increases the effectiveness of the sanction. Upon lifting the LE after
seven (7) days, the resident subjected to the tool will be accorded with a Senior Resident coming from his/her
Static Group who will provide guidance and continually monitors the performance in the house of the former.
The senior resident assigned will give a self-report after fifteen (15) days on how the resident (who
undergone LE) carried out his responsibilities after the LE and state there in the resident’s condition whether
he/she needs further supervision. The authority in giving LE lies in the Disciplinary Board and TCMP staff.

BANS

Bans are sanctions to members who commit repeatedly infractions or violation to the Cardinal Rules
by prohibiting, disallowing or limiting an activity or affiliation to a group.

It somehow curtails some freedom of movement and association. This sanction causes
unpleasant feelings which people try to avoid hence may evoke behavioral changes in the future. It must be
applied consistently after the adverse behavior to emphasize the negative consequences. Privileges limited
should have impact but must not limit individual ability to meet personal hygiene, nutritional and emotional
needs. A resident subjected to Bans must be first processed in a General Meeting called for the purpose.

GENERAL MEETING

A repeated breach to the Cardinal Rules necessitates a General Meeting. Such issue should be discussed
with the community to point out to the violator the negative effect the behavior had on the community. Such
offense includes sexual acting-out with a fellow resident, taking drugs and engaging in physical fight with
another resident. Other facilities include stealing or even smoking as part of the Cardinal Rules. These
behaviors pose a threat to the community because they violate the established order and safety of the facility.

EXPULSION
In extreme cases, when a resident is incorrigible and becomes a threat to the community (Instigator,
initiator of jail disturbances), the Director with the recommendation of the Disciplinary Board may transfer

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him/her to the nearest jail facility with an appropriate Court Order.

PSYCHOLOGICAL and EMOTIONAL ASPECT

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

BJMP residents who are detained are basically psychologically and emotionally challenged. They share
one thing in common, that is being incarcerated with uncertainties as to the outcome of their individual cases.
They feel isolated, helpless and at times hopeless brought about by separation from their loved ones and
society in general and all other issues that confront them while incarcerated.

Such emotional turmoil needs to be addressed to help them bounce back and experience a life of
normalcy despite their unique situation. The TCMP provides activities and services that cater to this
particular need. This topic tackles the discussion on the therapeutic value of processing of feelings which
does not only lie on how freely one expresses them but more so on the person’s ability to identify,
acknowledge, and express them appropriately.

PSYCHOLOGICAL AND EMOTIONAL TREATMENT

1. INDIVIDUAL AND GROUP PSYCHOTHERAPY. Psychological therapies provided in

jails, prisons, or forensic hospitals may include cognitive behavioral therapy (CBT, with
or without criminal thinking curriculum) and dialectical behavior therapy (DBT). CBT aims to build
cognitive kills and replace distorted cognitions (self justificatory thinking, displacement of blame,
schemas of dominance and entitlement) with noncriminal thought patterns. DBT was originally
designed to treat chronically parasuicidal women with borderline personality disorder, but has been
adapted toother populations, including offenders with severe mental illness. DBT combines
traditional combines the basic strategies of CBT with Eastern mindfulness practices.

2. PSYCHOPHARMACOLOGIC THERAPIES. If a correctional facility houses inmates with

SMI, antipsychotic, anti depressant, and mood-stabilizing medications must be included in
the medication formulary. Further, “all correctional formulary policies must include a mechanism
to access non-formulary medications on a case-by-case basis to ensure access to
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 appropriate treatment for serious mental illness.” However, special conditions in correctional
facilities such as high rates of substance use disorders require that formularies limit or exclude
medications that have a high potential for misuse or abuse. In most correctional facilities, a
psychiatrist and other mental health professionals must be involved in the development of the
institution’s formulary.
3. SPECIALIZED HOUSING. Includes self-contained mental health units for the care of inmates
with SMI who are unable to function in the general population. Specialized housing options may
vary from facility to facility (e.g., jail to prison or prison to prison), but include inpatient care, short-
term crisis beds, and long-term residential units.
4. INTEGRATED DUAL DISORDERS TREATMENT (IDDT). The same treatment team treats
Both addiction and SMI simultaneously. The substance abuse treatment is tailored to people with
mental illness. Individuals are taught how mental health and substance abuse disorders interact. This
approach utilizes CBT.
5. TELEMEDICINE/TELEPSYCHIATRY. Telemedicine is becoming an increasingly common mode
of delivery for psychological/ and psychiatric services. Treatment is delivered by way
of video conferencing.

INTELLECTUAL AND Spiritual

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.

VOCATIONAL AND 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.

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 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.

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.

THERAPEUTIC COMMUNITY (TC) PROGRAM

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 re-integration into their families and friends as productive members of the
community. This behavioral modification program gradually re-shapes or re-structures the inmate within a
family-like environment, wherein every member acts as his brother’s keeper.

As TC family members go on with their daily activities, a strong sense of responsibility and concern
for each other’s welfare are developed. They are constantly being monitored for their progress
and are regularly being evaluated by the TC-trained staff. The TC process allows for genuine
introspection, cultivation of self-worth and positive rationalization that move the individual towards
assuming a greater sense of personal and moral responsibility

The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC
approach is in line with its commitment to create a Drug-Free Prison. Worldwide developments in the
treatment and rehabilitation of drug offenders using this therapeutic community approach have been noted
to be effective in many prisons.

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 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, there by 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

Other suggested vocational skills training:

1. Rug making
2. Wood carving
3. Flower making
4. Massage Therapy
5. Artistry
6. Basic Electricity
7. Automotive
8. Masonry and Carpentry
9. Tailoring and Dressmaking
10.Tailoring and Dressmaking
11. Furniture
12.Lantern and Christmas Décor Making
13.T-shirt printing
14.Basket weaving
15.Shell craft
16.Guitar making
17.Organic Farming

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 REFERENCES

Apela, R.N, Cuasay, A.M (2023) Therapeutic Modalities: A Textbook for Criminology Students and
Practitioners
Abdullah, A.D. (2022) Therapeutic Modalities. Retrieved from https://pdfcoffee.com/ca-3-final-modules-
pdf-free.html
Narrazid, R.M, De Guzman M. (2022) Module 1 Therapeutic Modalities
https://www.studocu.com/ph/document/western-philippines-university/business-admnistration/module-1-
therapeutic-modalities/18038853
Egot, Michael (2021) Therapeutic Modalities. Retrieved from
https://www.scribd.com/document/500079230/therapeutic-modalities#
Fianitog, J.J (2022) Therapeutic Modalities. Retrieved from
https://www.studocu.com/ph/document/philippine-college-of-criminology/introduction-to-
criminology/therapeutic-modalities/37933517
Maycong, Nelda (2021) Handouts for Therapeutic Modalities
Delizo, Darlito (2013) Correctional Administration Review Materials 1st Edition

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