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?

1. Reintegration of the offenders to the social mainstream and encouraging them to assume active responsibility
for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in the rehabilitation of victims and offenders;
3. 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;
4. Healing the effects of the crime or wrongdoing suffered by the respective stakeholders; and
5. 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;
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 casenotes 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.

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 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
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:
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

WHAT IS VOLUNTEERISM?
Volunteerism is a program of the Parole and Probation Administration (PPA) aimed at generating maximum,
effective and efficient citizen participation and community involvement in the process of client rehabilitation, prevention
of crime and the overall administration of criminal justice.

WHAT ARE ITS ADVANTAGES?

Probation and parole, as community-based treatment programs, depend on available resources in the
community for the rehabilitation of offenders. Thus, the Administration, recognizing the important role of the community
as a rehabilitation agent, involves the community in probation and parole work through the use of volunteer workers and
welfare agencies.

The use of volunteer workers in probation and parole is worth adopting because it opens new fields for
community involvement in corrections and for training youth leaders, barangay organizations, and civic groups in social
development work. The use of volunteers will also make it possible for the correctional system to exercise supervision
of offenders at less cost to the government.

WHAT ARE THE LEGAL BASES FOR VPA PROGRAM OF THE PPA?
• Presidential Decree No. 968 permits the employment of Volunteer Probation Aides (VPA), specifically under
Sec 28 which states:
“To assist the Provincial or City Probation Officers in the supervision of probationers, the Probation
Administrator may appoint citizens of good repute and probity to act as probation aides.Probation Aides shall
not receive any regular compensation for services except for reasonable travel allowance. They shall hold
office for such period as may be determined by the Probation Administrator. Their qualifications and maximum
caseloads shall be provided in the rules promulgated pursuant to this Decree.”

• On October 11, 2005, President Gloria M. Arroyo signed Executive Order No. 468 revitalizing the VPA Program
of the PPA to strengthen community involvement and participation in crime prevention, treatment of offenders
and the administration of criminal justice. This Executive Order provides the coordination among government
agencies, non-government organizations and people’s orgnizations specifically under Section 3 which states:

“The PPA shall coordinate with other government agencies, non-government organizations and people’s
organizations that are involved in developing programs related to volunteerism for the purpose of developing
programs and attaining programs impact and synergy. Specifically, the support and cooperation of the Philippine
National Volunteer Service Coordinating Agency, the Department of the Interior and Local Government, the
Philippine National Police Commission, the Liga ng mga Barangay, the Department of Social Welfare and
Development, the Department of Justice, among others, shall be tapped for the foregoing purpose.”

HOW DO THE VPAS DIFFER WITH OTHER VOLUNTEERS?

VPAs differ from other volunteers in that the former perform a highly specialized supervision service which
directly have impact on the behavior of the clients. They serve as strengths and role models in ushering the reformation
and treatment of offenders who are members of their own communities.
DO VPAS REPLACE THE FULL-TIME STAFF OF THE PPA?
No, the VPAs are not intended as replacement for full-time paid staff. However, their participation as part of a
team under supervision will enhance the rehabilitation prospect of offenders by helping them in looking for jobs,
schooling, training opportunities and other activities. Their work as volunteers will also give them a more favorable
attitude toward corrections, and they will be in a better position to exert positive influence in developing favorable
community attitudes towards the problems and needs of the offenders.
WHAT ARE THE CHARACTERISTICS OF VPAS?
• Give continued affection to the client, even when specific behavior is unacceptable and build on whatever good
points there are.
• Introduce new positive experiences into the client’s life.
• Be aware of the primary responsibilities to PPA and client.
• Respect confidentiality
• Honor all commitments and be on time for all appointments
• Consult with the PPA staff if in doubt on any matter.
• Keep PPA staff informed of any important change in client’s situation or of any significant incident.
• Be a good behavior model for the client in action and word.
• Participate enthusiastically in volunteer meetings and training sessions.
• Believe that human beings can change their behavior patterns since the primary objective is to help the client’s
reentry into society.
WHAT ARE THE REQUIREMENTS?
Qualifications
• Preferably 35 years old
• A reputable member of the community and of good moral character
• Preferably a resident of the same community as the client
• Preferably with adequate source of income or financially able
• Willing to serve without compensation
• Able and willing to prepare monthly reports on his supervision activities
• Has no criminal record of conviction except former clients who have shown exemplary behavior and may
therefore be considered as role models of their fellow offenders
• With adequate good health
Documents Needed
• Duly accomplished VPA application form
• Two ID (2 x 2) pictures
• Indorsement of and/or certification of Chief Probation and Parole Officer/Officer-in-Charge based on
background investigation
• Recommendation of the Regional Director/Regional Officer-in-Charge
Training
• Basic Training Course
• Knowledge on the Agency and its programs and services
• Team Building
• Designed to reinforce the values of cooperation and trust
• Specialized Training
• Provision of knowledge and skills on Restorative Justice, Therapeutic Community, Interviewing Skills, Reports
Preparation, and Community Resource Development, among others.
HOW IS THE VPA APPOINTED?
1. Candidate accomplishes the VPA application form
2. Officer conducts background investigation
3. Chief Probation and Parole Officer/Officer-in-Charge endorses application with required documents to the
Regional Office
4. Regional Director/Regional Officer-in-Charge recommends application to the Administrator
5. Community Service Division reviews and evaluates application form and attachments, and prepares
appointment
6. Administrator signs appointment for a two-year term
7. Community Services Division officially notifies the Regional Directors of VPAs appointed
8. Secretary of Department of Justice attests appointment
9. VPA takes an Oath of Office administered by the Chief Probation and Parole Officer/Officer-in-Charge
concerned
10. PPA issues VPA ID to be surrendered upon termination or revocation of appointment, or upon renewal of ID

WHAT IS THE TERM OF SERVICE?

The VPA shall be appointed for two (2) years by the Administrator through the Community Services Division
and the National Screening Committee subject to renewal/revocation thereafter, upon the recommendation of the
Regional Director.
WHAT ARE THE FUNCTIONS OF THE VPA?
1. Work in close coordination and cooperation with the Supervising Officer.
2. Keep all information about the supervisee in strict confidentiality.
 3. Maintain an honest recording and monthly reporting of activities to the Supervising Officer.
4. Devote a substantial and quality time for supervision of clients and perform the following tasks:
• offer guidance and counseling
• act as job placement facilitator
• implement treatment objectives as provided for in the program of supervision
• refer to corresponding agencies clients with spiritual, mental, social, emotional, economic, physical or
health needs
• act as resource individual
WHAT ARE THE ROLES OF THE VPA?
The role of the VPA may be classified into two categories:
1. As Direct Supervisor who undertakes the following:
• Supervise a maximum of five (5) clients at any given time
• Work closely with officer-on-case and Chief Probation and Parole Officer/Officer-in-Charge and discuss
treatment plan and status of clients
• Submit monthly accomplishment reports to officer-on-case or Chief Probation and Parole
Officer/Officer-in-Charge and other reports as may be required
• Perform such other tasks as may be assigned by the officer-on-case or Chief Probation and Parole
Officer/Officer-in-Charge
2. As Resource Individual who acts as:
Resource Speaker on Volunteerism, Restorative Justice, Therapeutic Community and other topics
Counselor to other clients/people who need help
Donor, sponsor or referring person
Program coordinator of client activities
Mediator, Restorative Justice implementor, Therapeutic Community facilitator
HOW ARE THE VPAS ASSIGNED CASES?
1. Supervising Officer identifies a suitable match of VPA and client.
2. Chief Probation and Parole Officer or Supervising Officer informs the VPA and the client of the planned
assignment of the case to the VPA and explains the program and the progress.
3. Chief Probation and Parole Officer assigns case to VPA under the charge of a Supervising Officer by way of an
Office Order.
4. Supervising Officer formally introduces the client to the VPA.
5. VPA conducts initial interview to determine the basic information and circumstances of client.
6. VPA and client formulate tentative plans on how to facilitate and undertake the supervision process.
7. VPA takes time to study client’s records, investigation report and supervision history, Supervision Treatment
Plan, Supervision Case Notes, Payment Plan, etc., which shall all be treated with strict confidentiality.
8. VPA conducts subsequent supervision interviews and periodic house and workplace visits, results of which are
to be reported to the Supervising Officer and recorded in the Supervision Case Notes of client.
9. VPA attends and performs allied supervision activities and accomplishes VPA Monthly Reports
WHAT ARE THE INCENTIVES/AWARDS GIVEN TO THE VPAS?
A VPA may be entitled to receive the following incentives and awards:
1. Plaque of recognition shall be awarded to VPAs who have rendered invaluable contribution in the
rehabilitation of clients.
2. Certificate of Appreciation to VPAs who obtained a Very Satisfactory (VS) Rating for two (2) consecutive
rating periods.
3. VPAs shall be entitled to any support/assistance or benefits (such as discount in transportation, health and
accident insurance) that may be negotiated with participating agencies or organizations.
MAY THE APPOINTMENTS OF THE VPAS BE RENEWED?
Yes, the VPA appointment may be renewed for the following reasons with consent of the VPA concerned:
1. The VPA has successfully served/performed the duties and functions as Volunteer for a period of two (2) years.
2. The VPA has sustained interest in volunteer work and actively participates in the activities of the Agency.
3. The VPA has obtained a satisfactory performance rating based on the evaluation of the Chief Probation and
Parole Offcier for three consecutive rating periods.
4. The VPA does not violate any of the reasons for the revocation of appointment
WHAT ARE THE STEPS FOR RENEWING THE VPA APPOINTMENT?
1. One month prior to expiration of appointment, the Chief Probation and Parole Officer or Supervising Officer
reviews the performance of the VPA.
2. If satisfactory, Chief Probation and Parole Officer or Supervising Officer seeks written consent of VPA to
continue with volunteer service and option to renew appointment.
3. Chief Probation and Parole Officer recommends renewal of appointment of VPA to the Regional Director.
MAY THE APPOINTMENTS OF THE VPAS BE REVOKED?
Yes, the VPA appointment may be revoked for any of the following or similar reasons:
1. Commission of offense
2. Violation of any function or disclosure or misuse of confidential information
3. Undue personal interest with the client
4. Abuse of authority as VPA
5. Unauthorized use of resources for personal benefit
 6. Extortion
7. Unwarranted meddling in the affairs/activities of personnel and other VPAs
8. Physical and mental illness or incapacity
WHAT ARE THE STEPS FOR REVOKING THE VPA APPOINTMENT?
1. Supervising Officer reports to Chief Probation and Parole Officer any information about possible reason or
ground for revocation.
2. Chief Probation and Parole Officer validates report or information and if confirmed, prepares a report with
supporting documents, if necessary.
3. Chief Probation and Parole Officer recommends revocation of appointment of VPA through the Regional
Director
4. Regional Director indorses recommendation of Chief Probation and Parole Officer to the Administrator.
5. Administrator officially notifies VPA of revocation of appointment and termination of volunteer services.
HOW IMPORTANT ARE VPA ORGANIZATIONS ?
The establishment of local and national level VPA organizations is of vital importance for effective promotion,
utilization and sustainability of the VPA program. The basic purpose of establishing a VPA organization is to provide a
support group for the individual VPA members that can cater to their needs such as training, gathering of resources,
etc., as well as those of the clients. The vision is to have an empowered VPA organization that will eventually be able
to function independently and provide for its own needs.
Most of the activities related to the rehabilitation of clients are done at the unit level. It is therefore necessary to
have a volunteer organization at this level to foster the spirit of community membership.