MIDTERM

TOPIC
KYLE ANDRIE B. OLMO
BS-CRIM 4C
 THERAPEUTIC
MODALITIES (CORAD
103)
• "Katarungang Pambarangay" (Village Justice System) is the
Philippines unique and indigenous way of settling disputes and
treating both offenders and victims at the village ("barangay")
level.

• the victim is viewed as a complainant, when a complaint is

reported or an unresolved conflict or dispute from the
barangay level is elevated to the jurisdiction of the police.

• If a criminal charge progresses up to the courts, the victim

continues to act in the role of prosecution witness in the case
against the offender.
 WITNESS PROTECTION, SECURITY,
and BENEFIT PROGRAM OF THE
DEPARTMENT
OF JUSTICE.
• Under the Rules of Court, the victim may seek restitution for
damages from the crime by filing a civil suit against the
offender. A victim/witness who believes himself/herself to be
in danger from an offender can apply for admission into the
WITNESS PROTECTION, SECURITY, and BENEFIT PROGRAM
OF THE DEPARTMENT OF JUSTICE. A Board of Claims was
created in 1992 under the Department of Justice to grant
COMPENSATION FOR VICTIMS of unjust imprisonment or
detention and victims of violent crimes
 WITNESS PROTECTION, SECURITY AND BENEFITS PROGRAM

Who can be admitted into the Program?

• Any person who has knowledge of or information on the commission of a crime and
has testified or is testifying or is willing to testify.
• A witness in a congressional investigation, upon the recommendation of the
legislative committee where his testimony is needed and with the approval of the
Senate President or the Speaker of the House of Representatives, as the case may
be.
• A witness who participated in the commission of a crime and who desires to be a
State witness.
• An accused who is discharged from an information or criminal complaint by the
court in order that he may be a State witness.
 Who are disqualified for admission into the Program?
-An applicant will not be admitted into the program if:
• the offense in which his testimony will be used is not a grave felony;
• his testimony cannot be substantially corroborated in its material points;
•  he or any member of his family within the second degree of consanguinity or
affinity has not been threatened with death or bodily injury or there is no
likelihood that he will be killed, forced, intimidated, harassed or corrupted to
prevent him from testifying or to testify falsely or evasively because or on
account of his testimony; and
• if the applicant is a law enforcement officer even if he will testify against other
law enforcement officers. The immediate members of the applicant may,
however, be admitted into the program.
 • What benefits may a witness under the Program receive?
• The benefits include the following:
• Security protection and escort services.
• Immunity from criminal prosecution and not to be subjected to any penalty or
forfeiture for any transaction, matter or thing concerning his compelled
testimony or books, documents or writings produced.
• Secure housing facility.
• Assistance in obtaining a means of livelihood.
• Reasonable traveling expenses and subsistence allowance while acting as a
witness.
• Free medical treatment, hospitalization and medicine for any injury or illness
incurred or suffered while acting as a witness.
• Burial benefits of not less than Ten Thousand pesos (P10,000.00) if the
witness is killed because of his participation in the Program.
• Free education from primary to college level for the minor or dependent
children of a witness who dies or is permanently incapacitated.
• Non-removal or demotion in work because of absences due to his being a
witness and payment of full salary or wage while acting as witness.
 VICTIMS COMPENSATION PROGRAM

REPUBLIC ACT NO. 7309

- AN ACT CREATING A BOARD OF CLAIMS UNDER THE
DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST
IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT
CRIMES AND FOR OTHER PURPOSES.
• WHAT IS THE RATIONALE FOR THE ENACTMENT OF THE
LAW?
• One of the more vexing problems in the area of justice and
human rights is the implementation of the constitutional
provision against the deprivation of life, liberty and property
without due process of law. Persons have been accused and
imprisoned for crimes they did not commit, only to be
subsequently acquitted. Government and society have become
notably indifferent to victims of crimes and criminals. A
judicial way of filing a claim for compensation may be too
long. Congress opted for an administrative procedure of filing
the claims by creating the Board of Claims.
• WHO MAY APPLY FOR COMPENSATION?
• A person who was unjustly accused convicted and imprisoned and
subsequently released by virtue of a judgment of acquittal;
• A person who was unjustly detained and released without being
charged;
• A person who is a victim of arbitrary detention by the authorities as
defined in the Revised Penal Code under a final judgment of the
court; or
• A person who is a victim of a violent crime which includes rape and
offenses committed with malice which resulted in death or serious
physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with
torture, cruelty or barbarity.
 REPUBLIC ACT NO. 10368
• An act providing for reparation and recognition of victims of
human rights violation during the Marcos Regime,
documentation of said violations, appropriating funds therefor
and for other purposes”
 Justice for All Act
RIGHTS OF CRIME VICTIMS
A crime victim has the following rights:

• The right to be reasonably protected from the accused.

• The right to reasonable, accurate, and timely notice of any public

court proceeding, or any parole proceeding, involving the crime or
of any release or escape of the accused.
• The right not to be excluded from any such
public court proceeding, unless the court,
after receiving clear and convincing
evidence, determines that testimony by the
victim would be materially altered if the
victim heard other testimony at that
proceeding.
• The right to be reasonably heard at any public proceeding in the district court
involving release, plea, sentencing, or any parole proceeding.
• The reasonable right to confer with the attorney for the Government in the case.
• The right to full and timely restitution as provided in law.
• The right to proceedings free from unreasonable delay.
• The right to be treated with fairness and with respect for the victim's dignity and
privacy.
• The right to be informed in a timely manner of any plea bargain or deferred
prosecution agreement.
• The right to be informed of the rights under this section and the services described
in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)) and provided contact information for the Office of the Victims' Rights
Ombudsman of the Department of Justice.
• right to be treated with fairness and with respect for the
victim's dignity and privacy.
• The right to be informed in a timely manner of any plea
bargain or deferred prosecution agreement.
• The right to be informed of the rights under this section and
the services described in section 503(c) of the Victims' Rights
and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided
contact information for the Office of the Victims' Rights
Ombudsman of the Department of Justice.
DIFFERENT THERAPEUTIC/ TREATMENT
MODELS
CORRECTION AND REHABILITATION OF PENITENT OFFENDERS
• To effect the rehabilitation and reintegration of probationers,
parolees, pardonees, and first-time minor drug offenders as
productive, law-abiding and socially responsible members of the
community through well-planned supervision programs for
probationers, parolees, pardonees, and first-time minor drug
offenders which are aligned to national program thrusts of the
government, such as, the Sariling-Sikap, Jail Decongestion, etc.
establishment of innovative and financially and technically feasible
projects for the moral, spiritual and economic upliftment of
probationers, parolees, pardonees, and first-time minor drug
offenders utilizing available community resources
 The Therapeutic Community Modality

- It is a self-help social learning treatment model

used for clients with problems of drug abuse and other
behavioral problems.
The Therapeutic Community Modality provides a well-defined structure for a
synchronized and focused implementation of the various intervention
strategies/activities undertaken by the Agency such as:

1. INDIVIDUAL AND GROUP COUNSELING 

2. MORAL, SPIRITUAL, VALUES FORMATION
3. WORK OR JOB PLACEMENT/REFERRAL 
4. VOCATIONAL/LIVELIHOOD AND SKILLS TRAINING
5. HEALTH, MENTAL AND MEDICAL SERVICES 
6. LITERACY AND EDUCATION
4. VOCATIONAL/LIVELIHOOD AND SKILLS TRAINING
5. HEALTH, MENTAL AND MEDICAL SERVICES 
6. LITERACY AND EDUCATION
7. COMMUNITY SERVICE 
8. CLIENT SELF-HELP ORGANIZATION
9. PAYMENT OF CIVIL LIABILITY 
10. ENVIRONMENT AND ECOLOGY
11. SPORTS AND PHYSICAL FITNESS
 VICTIM’S REPARATION AND
EMOTIONAL RECOVERY PROGRAMS

The criminal justice in the Philippines recognizes the significance of rehabilitation

and reintegration of convicted felonies in the community. Evidently, Correction,
being one of the pillars of Philippine Criminal Justice System (PCJS) adopted various
rehabilitation program such as the following:
(a) Moral and Spiritual Program;
(b) Education and Training Program;
(c) Work and Livelihood Program;
(d) Sports and Recreation Program;
(e) Health and Welfare Program; and
(f) Behavior Modification Program, to include Therapeutic Community (TC).
 REPARATION
- Refers to the process and result of remedying
the damage or harm caused by an unlawful act.
 PURPOSE OF REPARATION

1. Generally understood to reestablish the situation that

existed before the harm occurred.
2. It can also serve as a measure to end ongoing breaches and
to deter future ones, as a vehicle for reconciliation or to
restore relations between the violator and injured parties, as
well as a basis to repair or rehabilitate physical and
psychological integrity and dignity.
 THE RECOGNIZED FORMS OF REPARATION
 

1. RESTITUTION relates to the reestablishment of the situation that existed

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