LESSON 2

PUNISHMENT AND DIFFERENT FORMS OF HUMAN

RIGHTS VIOLATION

At the end of this lesson, the student will be able to:

1. Know and familiarize the definition of punishment and its purposes.

2. Gain wisdom on the issues of human rights violations.
3. Understand and comprehend the Basic Principles for the Treatment of
Prisoners.
Punishment
Is the infliction of some kind of pain or loss upon a a misdeed (i.e., 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 punishments consist of penalties that are imposed only if
an. is repeated within a specified time.
In some premodern societies, punishment was, vindictive or
retributive, and its prosecution was left to 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 ndant from society.
Examples of incapacitation are incarceration, ce 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 prole 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 because the
state is failing to protect vulnerable groups.

Economic, Social, and Cultural Rights

As described in the UDHR, economic, social, and culture 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 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 activities and education
aimed at the full development 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.
 LESSON 3
GOVERNMENTAL PROGRAMS FOR THE VICTIMS

At the end of this lesson, the student will be able to:

1. Enlighten on the concept of victims' compensation program.
2. Gain wisdom on the importance of Protection of Victims and Witnesses.
3. Understand and comprehend the significance of the Restorative Justice.
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 that 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 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 viewed 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 Withesses, the following measures
shall be undertaken:
a) The Philippine court shall take appropriate measures protect the safety, physical
and physiological well measures to 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 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 hearing the court may, to
protect the victims and witnesses or 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 the prejudicial to or inconsistent with the rights of the accuse 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 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 a measures shall be exercised in a manner which is
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 victims and to the community. It
creates obligation to make e right through proactive involvement of victims,
ownership of 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 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 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 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 persona
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 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 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, of the Lupon Tagapamayapa or any
responsible and members of the 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 interested victim an

opportunity to meet face-to-face his offender in a secured and structured setting or
atmosphere with the help of a trained mediator, and engage in 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
Parole officers, Volunteer Probation Aides or selected community leaders who
offered their services free 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 do 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 - 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 Ketween 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 and Social Welfare and
Development (DSWD), the Department of Health (DOH), the Department of Interior
and Local Government (DILG), the Department of Justice (DOJ), and a lead non
organization (NGO) with proven track record or experience in handling sexual abuse
cases, shall establish in every province and city a rape crisis center located in a
government hospital or health clinic or in any other suitable place for the purpose
of:

a. Providing rape victims with psychological counselling, medical and health

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

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

Section 4. Duty of the Police Officer. - Upon receipt by the police of the complaint
for rape, it shall be the duty of the police officer to:
a. Immediately refer the case to the prosecutor for inquest/ investigation if the
accused is detained; otherwise, the rules of court shall apply;
b. Arrange for counselling and medical services for the offended party; and
c. Immediately make a report on the action taken.

It shall be the duty of the police officer or the examining physician who must be of
the same gender as the offended party to ensure that only persons expressly
authorized by the offended party shall be allowed inside the room where the
investigation or medical or physical examination is being conducted.
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 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.