CHAPTER 1

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 where one lives. Rights
can be enforced without 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 Shot on 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 law promulgated by the law-making body. May
be abolished by the body that created them.
Stages of Human Rights

(1) Idealization - Notions about human rights start in the realm of ideas that reflect a consciousness
against oppression or inadequate performance of the State.
(2) positivization- Where the support for the ideas become 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.
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, and not only the Bill of Rights.

➤ The 1987 Constitution is the basic source of human rights law in the Philippines.

➤ As early as Biak na Bato, our forefathers are conscious about 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 which investigates on 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 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 rights. It also called for inter-cultural consensus by indicating that a common understanding of
the rights and freedoms is to 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.

International Covenant on Civil and Political Rights (ICCPR)

➤ Adopted unanimously by 106 States and entered into force in 1976

International Covenant on Economic, Social and Cultural Rights

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 old 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
➤Bases, Scope, and Applicability
➤Respect for Human Rights
➤Respect for International Humanitarian Law
➤ Joint Monitoring Committee
➤Final provisions

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

Custodial Rights of a Person
Section 12, Article III 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 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 princising custodial rights of an accused. It held, thus:
“Our holding will be spelled out with some specificity in the pages Our hollow, but, briefly stated, it is
this: the prosecution may use statements, whether exculpatory or inculpatory, stemming from defendant
unless the use of procedural safeguards effective to secure the privilege the ust 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 safeguards 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 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 to acts. However, mechanical acts that does
not require the use of intelligence (such as providing DNA samples) or to answers to 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

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.
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
independent counsel, preferably of his own choice, who shall to confer privately person arrested,
detained or under custodial investigatione 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.
(b) 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 of 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.

(c) 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, the
municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.

(d) 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.
(e) 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 Commission on Human Rights 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 or fiancée, parent or child, brother or 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.
Section 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less
grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a
capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation
is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.
Section 4. Penalty Clause. - (a) Any arresting public officer or employee, or any investigating officer,
who fails to inform any person arrested, detained or under custodial investigation of his right to remain
silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of
Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more
than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon
the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of
such investigating officer or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or from examining and treating him, or
from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night
shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6)
years, and a fine of four thousand pesos (P4,000.00).lawphi1

The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his
safety and prevent his escape.

The United Nations Standard Minimum Rules for the Treatment of Prisoners
(The Nelson Mandela Rules)
RULES OF GENERAL APPLICATION
Rule 1 All prisoners shall be treated with the respect due to their inherent dignity and value as human
beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel,
inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked
as a justification. The safety and security of prisoners, staff, service providers and visitors shall be
ensured at all times.

Rule 2 1. The present rules shall be applied impartially. There shall be no discrimination on the grounds
of race, 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 gates, in order to create a
basis for evidence-based decision-making.
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 clim geographical region, but at least once a week in a temperate
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 1. 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.
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 same standards State 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.

Books

Rule 64 Every prison shall have a library for the use of all categories of prisoners, adequately stocked
with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

Religion
Rule 65

1. 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
 1. 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 prisoners personal information shall be subject to domestic legislation.
Investigations
Rule 71
1. 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
1. 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.

RULES APPLICABLE TO SPECIAL CATEGORIES

A. Prisoners under sentence Guiding Principles
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 Shtheir 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 Rule 95. Syst 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
1. 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
1. 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.

C. 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, 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.

Chapter II
PUNISHMENT AND DIFFERENT FORMS OF HUMAN RIGHTS VIOLATION
Punishment
Is the infliction of some kind of pain or loss upon a person for a misdeed (i... the transgression of a law or
command). Punishment may take forms ranging from capital punishment, flogging, forced labor, and
mutilation of the body to imprisonment and fines. Deferred punishments consist of penalties that are
imposed only if an offense is repeated within a specified time.
In some premodern societies, punishment was largely vindictive or retributive, and its prosecution was
left to the individuals wronged (or to their families). In quantity and quality such punishment bore no
special relation to the character or gravity of the offense.
The Purposes of Punishment
Punishment has five recognized purposes:
1. deterrence,
2. incapacitation,
3. rehabilitation,
4. retribution,
5. restitution.

Specific and General Deterrence

Deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence
are specific and general deterrence. Specific deterrence applies to an individual defendant. When the
government punishes an individual defendant, he or she is theoretically less likely to commit another
crime because of fear of another similar or worse punishment. General deterrence applies to the public at
large. When the public learns of an individual defendant's punishment, the public is theoretically less
likely to commit a crime because of fear of the punishment the defendant experienced. When the public
learns, for example, that an individual defendant was severely punished by a sentence of life in prison or
the death penalty, this knowledge can inspire a deep fear of criminal prosecution.
Incapacitation
Incapacitation prevents future crime by removing the defendant from society. Examples of incapacitation
are incarceration, house arrest, or execution pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant's behavior. Examples of rehabilitation include
educational and vocational programs, treatment center placement and counseling. The court can combine
rehabilitation with incarceration or with probation or parole. In some states, for example, nonviolent drug
offenders must participate in rehabilitation in combination with probation, rather than submitting to
incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while lowering
recidivism, which means reoffending.
Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the form of assault,
battery, and criminal homicide, for example) against the defendant. When victims or society discover that
the defendant has been adequately punished for a crime, they achieve a certain satisfaction that our
criminal procedure is working effectively, which enhances faith in law enforcement and our government.
Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when the court
orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages
award. Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress.
It can also be a fine that covers some of the costs of the criminal prosecution and punishment.

 Specific deterrence prevents crime by frightening an individual defendant with punishment.

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

What Are Human Rights Violations?

The Universal Declaration of Human Rights (UDHR) was established in response to the atrocities during
WWII, including the Holocaust. The document outlines the human rights that all people are entitled to
such as freedom from torture, freedom of expression, and the right to seek asylum. When those rights
aren't protected or blatantly disregarded, they are violated. What are the types of human rights violations?
Who is responsible for preventing and addressing them?
Definition and Types of Human Rights Violations
A state commits human rights 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 police, judges, prosecutors, government officials, 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 United States, the state failed to protect black
Americans when lynchings frequently occurred around the country. Since many of those responsible for
the lynchings were also state actors (like the police), this is an example of both types of violations
occurring at the same time.

Examples of Human Rights Violations

Civil and Political Rights

Civil and political rights are violated through genocide, torture, and arbitrary arrest. These violations
often happen during times of war, and when a human rights violation intersects with the breaking of laws
about armed conflict, it’s known as a war crime.
Conflict can also trigger 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. Suppressing political rights is a common tactic for many governments
during times of civil unrest.
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.

Economic, Social, and Cultural Rights

As described in the UDHR, economic, social, and cultural rights include the right to work, the right to
education, and the right to physical and mental health. As is the case with all human rights economic,
social, and cultural rights can be violated by states and other actors. The United Nations Office of the
High Commissioner for Human Rights gives a handful of examples of how these rights can be violated.
They include:
Contaminating water, for example, with waste from State- owned facilities (the right to health)
Evicting people by force from their homes (the right to adequate housing)
 Denying services and information about health (the right to health)
Discriminating at work based on traits like race, gender, and sexual orientation (The right to
work)
Failing to provide maternity leave (protection of and assistance to the family)
Not paying a sufficient minimum wage (rights at work)
Segregating students based on disabilities (the right to education)
Forbidding the use of minority/indigenous languages (the right to participate in cultural life)

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 (and itself) 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. When governments are violating human rights either
directly or indirectly, civil society should hold them accountable and speak out. 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 14 December 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 Altivities 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 labor market and permit them to
contribute to their own financial support and to that of their families.
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.

Chapter III

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

Victims Compensation Program

What is the law creating the Board of Claims?
Republic Act No. 7309 is the law creating the Board of Claims under the Department of Justice granting
compensation for victims of unjust imprisonment or detention and victims of violent crimes.

What is the rationale for the enactment of the law?

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

Who may apply for compensation?

 1. A person who was unjustly accused convicted and imprisoned and subsequently released by
virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal
Code under a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offenses committed with
malice which resulted in death or serious physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or
barbarity.

When should a claim be filed?

The claim should be filed with the Board by the person entitled to compensation under this Act within six
(6) months after being released from imprisonment or detention or from the date he suffered damage or
injury: Otherwise he is deemed to have waived his claim.
How is a claim filed?
A claimant may file a claim with the board by filling up an application form provided for the purpose
with the Secretariat of the Board of Claims, Department of Justice. Thereafter, he will be interviewed and
he will be duly notified of the action taken by the Board.

How much is given to a qualified applicant?

1. For the victims of unjust imprisonment, the compensation shall be based on the number of
months of imprisonment and every fraction thereof shall be considered one month, but in no case
shall such compensation exceed ONE THOUSAND PESOS (P1,000.00) per month.

2. In all other cases the maximum for which the Board may approved a claim shall not exceed TEN
THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse the claimant the
expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other
expenses directly related to the injury, whichever is lower to be determined by the Board.

May the decision of the Board of Claims be appealed?

Yes, Section 8 provides that: “Any aggrieved claimant may appeal, within fifteen (15) days from receipt
of the resolution of the Board, to the Secretary of Justice whose decision shall be final and executory.”

Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
Against Humanity.
Chapter VI Protection of Victims and Witnesses

Section 13. Protection of Victims and Witnesses. – In addition to existing provisions in Philippine law for
the protection of victims and witnesses, the following measures shall be undertaken:

(a) The Philippine court shall take appropriate measures to protect the safety,
physical and physiological well-being, dignity and privacy of victims and
witnesses. In so doing, the court shall have regard of all relevant factors,
including age, gender and health, and the nature of the crime, in particular, but
not limited to, where the crime involves sexual or gender violence or violence
against children. The prosecutor shall take such measures particularly during
the investigation and prosecution of such crimes. These measures shall not be
prejudicial to or inconsistent with the rights of the accused and to a fair and
impartial trial;
(b) As an exception to the general principle of public hearings, the court may, to
protect the victims and witnesses or an accused, conduct any part of the
proceedings in camera or allow the presentation of evidence by electronic or
other special means. In particular, such measures shall be implemented in the
case of the victim of sexual violence or a child who is a victim or is a witness,
unless otherwise ordered by the court, having regard to all the circumstances,
particularly the views of the victim or witness;

(c) Where the personal interests of the victims are affected, the court shall permit
their views and concerns to be presented and considered at stages of the
proceedings determined to be appropriate by the court in manner which is not
prejudicial to or inconsistent with the rights of the accused and a fair and
impartial trial. Such views and concerns may be presented by the legal
representatives of the victims where the court considers it appropriate in
accordance with the established rules of procedure and evidence; and

(d) Where the disclosure of evidence or information pursuant to this Act may
lead to the grave endangerment of the security of a witness for his/her family,
the prosecution may, for the purposes of any proceedings conducted prior to
the commencement of the trial, withhold such evidence or information and
instead submit a summary thereof. Such measures shall be exercised in a
manner which is not prejudicial to or inconsistent with the rights of the accused
and to a fair and impartial trial.
Rome Statute

Article 68 Protection of the Victims and Witnesses and their participation in the proceedings

1. The Court shall take appropriate measures to protect the safety, physical and psychological well-
being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all
relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature
of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or
violence against children. The Prosecutor shall take such measures particularly during the
investigation and prosecution of such crimes. These measures shall not be prejudicial to or
inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the
Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in
camera or allow the presentation of evidence by electronic or other special means. In particular, such
measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or
a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly
the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be appropriate by
the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused
and a fair and impartial trial. Such views and concerns may be presented by the legal representatives
of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure
and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective
measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave
endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of
any proceedings conducted prior to the commencement of the trial, withhold such evidence or
information and instead submit a summary thereof. Such measures shall be exercised in a manner which
is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its
servants or agents and the protection of confidential or sensitive information.

Article 75 Reparations to Victims

1. The Court shall establish principles relating to reparations to, or in respect of, victims, including
restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon
request or on its own motion in exceptional circumstances, determine the scope and extent of any
damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.

2. The Court may make an order directly against a convicted person specifying appropriate reparations to,
or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the
Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of
representations from or on behalf of the convicted person, victims, other interested persons or interested
States.
4.In exercising its power under this article, the Court may, after a person is convicted of a crime within
the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make
under this article, it is necessary to seek measures under article 93, paragraph 1.
5.A State Party shall give effect to a decision under this article as if the provisions of article 109 were
applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or
international law.

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
Programs 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; 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. Conduct dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community for their
participation in the conference
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares case-notes reflective of restorative justice values and utilizing the following points:

➤ Impact of crime and effect of victimization

➤ Victim inputs and involvement opportunities

➤ Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or
the community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and

2. Implements and monitors plans and 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.
WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
Peacemaking Encounter
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
tranquility. Facilitated by a trained facilitator, the above parties are gathered at their own volition to
discuss how they and others have been harmed by the offense or conflict, and how that harm may be
repaired and broken relationship may be restored.

3. Circle of Support a community directed process

Organized by the field office and participated in by the clients, the Volunteer Probation Aides (VPAs) and
selected members of the community in the 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
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.
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:
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.
 Economic Development – to link directly with the business project: examples: cleaning downtown area,
tree planting, maintenance of business zones, housing restoration, garbage and waste management,
cleaning of esteros, recycling, construction, repair of streets, and the like.
Citizenship and Civic participation-experiential activities which involve solving community problems;
examples: puppet shows that showcase values, street dramas, peer counseling.
Helping the Disadvantaged-this will enhance offender’s self esteem; examples: assist handicapped,
assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
Crime Prevention Project - testimony to the youth. Examples: Brgy. Ronda, giving
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

Republic Act No. 8505

February 13, 1998

AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,

ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND
CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER
PURPOSES

Section 1. Title. – This Act shall be known as the “Rape Victim Assistance and Protection Act of
1998.”

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to provide necessary
assistance and protection for rape victims. Towards this end, the government shall coordinate its various
agencies and non-government organizations to work hand in hand for the establishment and operation of a
rape crisis center in every province and city that shall assist and protect rape victims in the litigation of
their cases and their recovery.
Section 3. Rape Crisis Center. The Department of Social Welfare Section velopment (DSWD), the
Department of Health (DOH) thed Department of the Interior and Local the Department of Justice (DOJ),
and a lead Organization (NGO) with proven track record of experience in handling sexual abuse cases,
shall establish in every province and city a rape crisis center located in a government hospital or health
clinic or in any other suitable place for the purpose of: non-government

(a) Providing rape victims with psychological counselling, medical and health services, including
their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the the arrest of offenders and the filing of
cases in court.
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the family of
rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors,
lawyers, medico- legal officers, social workers, and barangay officials on for human rights and
responsibilities; gender sensitivity and 320g legal management of rape cases;
(g) Adopting and implementing programs for the recovery of rape victims.

The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.

Section 4. Duty of the Police Officer. Upon receipt by the police of the complaint for rape, it shall be the
duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/ investigation if the accused is detained;
otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
 (c) Immediately make a report on the action taken.
It shall be the duty of the police same officer or the examining physician. Who must be of the same
gender as the offended party, to ensure that only persons expressly authorized by the offended party sure
the allowed inside the room where the investigation or medical or physical examination is being
conducted.
For this purpose, a women’s desk must be established in every police precinct throughout the country to
provide a police woman to conduct investigation of complaints of women rape victims. In the same
manner, the preliminary investigation proper or inquest of women rape victims must be assigned to
female prosecutor or prosecutors after the police shall have endorsed all the pertinent papers thereof to the
same office.
Section 5. Protective Measures. – At any stage of the investigation, prosecution and trial of a complaint
for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint
shall recognize the right to privacy of the offended party and the accused. Towards this end, the police
officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to
ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial and that the name and personal
circumstances of the offended party and/ or the accused, or any other information tending to establish
their identities, and such circumstances or information on the complaint shall not be disclosed to the
public.

The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a
language or dialect known or familiar to them.