Philippine Law School

Restorative
Justice
Effects of Restorative Justice as a Rehabilitation Program in Court Dockets

Restorative Justice
Atty. Salvador B. Hababag
Report Outline
Introduction Effect of Restorative Justice
in Local Court Docket

Effect of Restorative Justice

Short Report Recap
in Foreign Court Docket

Role of Restorative
Justice in Court Dockets Q & A Portion
 Group 5 Reporters

Dianne Grace Doria Sherlyn S. Dimaampao Emmanuel Gallo

"An eye for an eye will "Justice is truth in "Justice restored, peace of
make the whole world action" mind begins"
blind"

01 RESTORATIVE JUSTICE
REPORT RECAP
Group 1: Restorative Justice Definition

• 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.
• Restorative justice refers to a way of responding to crime, or to other types
of wrongdoing, injustice or conflict, that focuses primarily on repairing the
damage caused by the wrongful action and restoring, insofar as possible,
the well-being of all those involved.

02 RESTORATIVE JUSTICE
REPORT RECAP
Group 2: Adoption of Restorative Justice in the Philippines

• Philippines is a member country of The Commission on Crime Prevention

and Criminal Justice and adopted 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.

• Five Pillar of Criminal Justice System are; (LPCCC)

⚬ Law Enforcement
⚬ Prosecution
⚬ Courts
⚬ Correction
⚬ Community

03 RESTORATIVE JUSTICE
REPORT RECAP
Group 3: Basic Principles on the Use of Restorative Justice Programmes in Criminal Matter
• PREAMBLE
⚬ Recalling that there has been a significant growth of restorative justice initiatives.
⚬ Recognizing that those initiative often draw upon traditional & indigenous forms of justice which view
crime as fundamentally harmful to people
⚬ Emphasizing that restorative justice is an evolving response to crime that respects the dignity & equality
of each person, builds understanding, and promotes social harmony though healing of victims, offender &
community.
⚬ Stressing that this approach enables those affected by crime to share openly their feelings and experiences
and aims to address their needs.
⚬ Aware that this approach provides opportunity for the victim to obtain reparation, feel safer and seek
closure. Allows offender to gain insight into the causes and effects of their behavior and to take
responsibility. Enables communities to understand the underlying causes of crime to promote community
well-being.
⚬ Noting that restorative justice gives rise to a range of measures that are flexible in their adaptation to
established criminal justice systems and that complement those systems, taking into account legal, social &
cultural circumstances.
⚬ Recognizing that the use of restorative justice does not prejudice the right of the State to prosecute
offenders.

04 RESTORATIVE JUSTICE
 REPORT RECAP
Group 4: Punitive Approach vs. Restorative Justice Approach

PUNITIVE APPROACH RESTORATIVE JUSTICE

APPROACH
• Punitive Approach is focused on the
offender. Laws and punishment are the core
values.
• An approach focused on determining what
law was broken
• Crime- individual act with individual
responsibility
• Offender accountability - taking punishment
• Punishment is effective, deters crime and
changes behavior
• Restorative Justice is focused on the offender,
victim, and community.
• A value-based approach focused on determining
harm resulting from crime
• Crime - both individual and social responsibility
• Accountability - assuming responsibility and
taking action to repair harm
• Punishment - not effective in changing behavior,
disruptive to community harmony and good
relationships

05 RESTORATIVE JUSTICE
Case Inflow in Lower Courts

https://psa.gov.ph/products-and-services/publications/philippine-statistical-yearbook
06 RESTORATIVE JUSTICE
Case Disposition Rate in Lower Courts

https://psa.gov.ph/products-and-services/publications/philippine-statistical-yearbook
07 RESTORATIVE JUSTICE
 Role of Restorative Justice
as a Rehabilitation Program:
Court Dockets
Rehabilitation programs are designed to reduce
recidivism among adults who have been convicted
of an offense by improving their behaviors, skills,
mental health, social functioning, and access to
education and employment.

Restorative justice programmes role is to reduce the burden on the criminal justice
system, to divert cases out of the system and to provide the system with a range of
constructive sanctions.

08 RESTORATIVE JUSTICE
Diversion Program

It refers to the program that the child in conflict with the law
is required to undergo after he/she is found responsible for
an offense without resorting to formal court proceeding.

09 RESTORATIVE JUSTICE
Who shall undergo Diversion

1.Those above fifteen (15) years of age but below

eighteen (18) years of age;

2. Acted with discernment;

10 RESTORATIVE JUSTICE
Stages where Diversion may
be conducted

• Katarungang Pambarangay;
• During Police Investigation;
• Inquest or Preliminary Investigation; and
• At all levels and phase of the proceedings including
judicial level.

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When is diversion allowed

1.Where the imposable penalty for the crime is not more

than six (6) years imprisonment; or

2.Where the imposable penalty for the crime is not more

than twelve (12) years imprisonment (before arraignment
only)

12 RESTORATIVE JUSTICE
Docketing the Case

A case that qualifies for diversion, shall not be docketed as a

regular criminal case but instead shall be assigned a
temporary case number as follows: CICL(Child in Conflict
with the Law)-(number)-(year)-D(diversion), before the
same is raffled to the appropriate Court

Section 23, AM No. 02-1-18-SC 13 RESTORATIVE JUSTICE

Diversion Program

14 RESTORATIVE JUSTICE
Diversion Program

Juvenile Justice and Welfare Council, Government of the Philippines, 2019

15 RESTORATIVE JUSTICE
 Effect of Restorative Justice
on Local Court Dockets
Approaches in Decongesting Court Dockets
• The Output-Oriented Approach
• The Input-Oriented Approach
• The Court Diversion Approach
⚬ The Civil Code of the Philippines
⚬ The Arbitration Law (R. A. 876)
⚬ The Katarungang Pambarangay Law Under
the Local Government Code
⚬ 2019 Revised Rules of Civil Procedure

16 RESTORATIVE JUSTICE
 The Concept of Alternative Mode of Dispute
Resolution
There are basically two views on the concept of alternative dispute resolution mechanisms (ADRM). One would
view it as giving a choice from the well-established judicial mode of resolving disputes. The other restricts the
concept to those providing a mode of settling conflicts that is completely different from the adjudicative and
essentially adversarial mode of deciding controversies.

The first view broadly includes as ADR, decisions of all quasi-judicial agencies, such as the Securities and
Exchange Commission (SEC) and the National labor Relations Commission (NLRC) through the Labor Arbiters.
Also included are decisions of the Sole Arbitrator or Arbitral Tribunal on construction disputes filed with the
Construction Industry Arbitration Commission (CIAC). And, of course, mediation/conciliation is included.

The second view regards as a true alternative only those modes which empower the disputants themselves to
arrive at a compromise settlement of their controversy. This then includes conciliation, mediation, early neutral
evaluation, rent a judge, and other such schemes. It, however, excludes arbitration.

17 RESTORATIVE JUSTICE
 The Katarungang Pambarangay Law

The Katarungang Pambarangay Law, provides the appropriate forum for the resolution of litigious and minor
disputes. It compels disputants to confront each other before the Punong Barangay for mediation of their differences.

Moreover, as a screening mechanism, the Katanguran Pambarangay law imposes as an effective sanction to disputants
who fail to comply with the condition of prior conciliation, that the offending party cannot seek judicial relief. In
other words, the KB law imposes a procedural bar to free access to the courts.

The screening mechanism shows that it has effectively screened out of the judicial system cases that would otherwise
have been filed in court.

18 RESTORATIVE JUSTICE
Statistics

https://psa.gov.ph/products-and-services/publications/philippine-statistical-yearbook
19 RESTORATIVE JUSTICE
Statistics

*KATARUNGAN PAMBARANGAY (VILLAGE JUSTICE) – THE SOUL OF THE PPA’S

20 RESTORATIVE JUSTICE

INDIVIDUALIZED, COMMUNITY-BASED RESTORATIVE JUSTICE PROGRAMME by Dr. Manuel

Golloso Co
 21 RESTORATIVE JUSTICE

*https://www.dole.gov.ph/sena-contents/
SENA

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Single Entry Approach (SEnA) is an administrative approach to provide a speedy, impartial, inexpensive, and
accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full-blown
disputes or actual labor cases. It was first introduced through Department Order 107-10 and later
institutionalized through the enactment of Republic Act 10396 in 2013 providing for a 30-day mandatory
conciliation-mediation for issues arising from labor and employment (i.e., governed by employee-employer
relations). As a form of conciliation-mediation intervention, the main objective is to effect amicable
settlement of the dispute among the differing parties wherein a neutral party, the SEnA Desk Officer
(SEADO), assists the parties by giving advice, or offering solutions and alternatives to the problems. Labor
dispute issues that may be settled through SEnA include, among others:

1. termination or suspension of employment issues;

2. claims for any sum of money, regardless of amount;
3. intra-union and inter-union issues, after exhaustion of administrative remedies;
4. unfair labor practices;
5. closures, retrenchments, redundancies, temporary lay-offs;
6. OFW cases; and
7. any other claims or issues arising from employer-employee relationship (except for occupational safety
and health standards, involving imminent danger situation, dangerous
occurrences /or disabling injury, and/or absence of personal protective equipment).

23 RESTORATIVE JUSTICE

*https://www.dole.gov.ph/sena-contents/
Statistics
No. of Request for Assistance Filled and Settled (2010-2018)

Prior to SEnA, mechanisms and processes for resolving work-related issues and grievances had been strenuous and time-
consuming, factors that extend government spending on arbitrations and clogged up case dockets in DOLE offices and attached
agencies, and which compounded the issue of red tape and corruption within DOLE.
The Single Entry Approach (SEnA) is a citizen-centered system that attends to the immediate resolution of employer-
employee grievances to prevent them from maturing into full-blown cases. The system cuts downtime for resolving labor
disputes and puts in place Single-Entry Approach Desks (SEADS) in DOLE offices nationwide to serve as entry-points for
facilitating conciliation and mediation of employees and employers in conflicts.

24 RESTORATIVE JUSTICE

*https://coe-psp.dap.edu.ph/compendium-innovation/single-entry-approach-sena-2/
 DOLE’s conciliation and mediation mechanism is
non-litigious/non-adversarial, less expensive, and
expeditious labor dispute resolution. Under this
informal set-up, the parties find it more beneficial to
fully ventilate their respective positions without
running around with legal technicalities.

The labor department has also operationalized 104

Grievance Machinery to promote dialogue between
labor and management and maintain industrial peace

*https://www.dole.gov.ph/news/dole-3-4-billion-pesos-
conciliation-mediation-benefits-awarded-to-53058-workers/
25 RESTORATIVE JUSTICE
Effect of Restorative Justice
on Foreign Court Dockets

26 RESTORATIVE JUSTICE

*https://windsorstar.com/news/local-news/restorative-justice-touted-to-help-deal-with-court-backlogs
https://why-me.org/2020/what-can-we-do-about-the-international-backlog-of-court-cases/
 Effect of Restorative Justice
on Foreign Court Dockets
Restorative Practices
A third action that can help clear case backlogs is the use of
restorative justice processes, which are collaborative, informal mechanisms
for repairing the harm caused by crime. Where appropriate, they can bring
satisfactory resolutions to both perpetrators and victims.
For example, when agreed upon by the victim and defendant, victim-offender
mediation not only helps thin backlogs, but also promotes greater
victim satisfaction and lower recidivism. Meditations similar to what a
judge in Idaho is deploying to clear his court’s pandemic-triggered backlog
typically result in binding agreements that require the perpetrator to take
responsibility and apologize for the harm caused, and also provide restitution
and perform community service.
The staggering logjams plaguing our courts reveal a system on life support.
And justice delayed is justice denied. By embracing new methods, the
criminal justice system will not only reduce the massive backlog but also
allow it to fulfill its mission of accountability, rehabilitation and public
safety.

27 RESTORATIVE JUSTICE

*https://www.route-fifty.com/management/2021/10/reducing-criminal-case-backlog/185971/
Effect of Restorative Justice
on Foreign Court Dockets

" Restorative Justice is a different way of doing

justice. At the heart of the programme, is grace and
forgiveness. My hope is that Jamaica realizes that
there is a free service available for those seeking to
resolve a dispute with either their neighbours,
coworkers or other members of their community.
It is a pathway for transformation to a more just,
secure and peaceful Jamaica.”

-Kahilah Whyte
coordinator for the Restorative Justice Unit at the
Ministry of Justice, Jamaica

28 RESTORATIVE JUSTICE

*https://jis.gov.jm/ministry-justice-reduce-backlog-courts-restorative-justice/
Restorative Justice for Out of Court
Disposal- United Kingdom
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SAMPLE

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DVIECROSIURNTO

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FOREIGN COURT DOCKETS
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TERIOVCESEJUASRTIT

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Philippine Law School

Q&A

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 Philippine Law School

Restorative Justice