KMIA- ONLINE

MODULAR EDUCATION

KHADIJAH
MOHAMMAD ISLAMIC ACADEMY

THERAPEUTIC
MODALITIES

ANGGAY D. ABDULLAH JR, MAEd

Master of Arts in Teaching Philippine and Asian History, MSU
Master of Arts in Education major in School Administration, KMIA
Certificate for Professional Education, PMTC
Bachelor of Science in Community Development – CUM LAUDE MSU
Fingerprint Identification Specialist, PAP Naga Cebu

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TABLE OF
CONTENT

Introduction 2
Module Objective 2
Course Syllabus 3-4
Pre- assessment 6-9
UNIT 1: Laws On Human Rights 9
UNIT 2: Treatment and Punishment 15
UNIT 3: Governmental Programs For The Victims 18
UNIT 4: Different Therapeutic/ Treatment Models 21
UNIT 5: Victim’s Reparation And Emotional Recovery Programs 23
UNIT 6: Behavioral Management 24
UNIT 7: Emotional And Psychological 25
UNIT 8: Intellectual And Spiritual 26
UNIT 9: Vocational And Survival Skills 27
Post Test

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INTRODUC
Welcome. You are now part of Khadijah Mohammad
TION
Islamic Academy family. As learner, you must be eager to try out what you have learned as you immerse
yourself in the task of educating, protecting or serving the citizens of the land.
One primary concern as a CRIMINOLOGIST is to be able to perform crime laboratory works.
Therefore, this module will help you understand and apply scientific methods of examination of physical
evidence in cases criminal in nature. As you go through this module, you sharpen your self-awareness as a
criminologist and gain confidence that will enable you to make expert opinions that will most benefit the
court in rendering their final adjudication.

BRIEF DESCRIPTION OF THE MODULE

UNIT 1: focuses on the Laws On Human Rights

UNIT 2: focuses on the Treatment and Punishment
UNIT 3: focuses on the Governmental Programs For The Victims
UNIT 4: focuses on the Different Therapeutic/ Treatment Models
UNIT 5: focuses on the Victim’s Reparation And Emotional Recovery Programs
UNIT 6: focuses on the Behavioral Management
UNIT 7: focuses on the Emotional And Psychological
UNIT 8: focuses on the Intellectual And Spiritual
UNIT 9: focuses on the Vocational And Survival Skills

MODULE OBJECTIVES

The objectives of this module are to

1. Conduct Criminological research on crimes, crime causation and modes of therapies for
criminals.
2. Internalize the concepts of Human rights and victim welfare.
3. Demonstrate competence and broad understanding in correctional therapeutic modalities
promoting public safety and criminal justice.
4. Ensure offender’s welfare and development through therapeutic modalities for their re-
integration to the community.
5. Collaborate the different therapeutic modalities effectively and independently to all types
of person deprived of liberty.
6. Engage in lifelong learning and devising therapeutic modalities for all types of person
deprived of liberty.
7. Apply professional, social, and ethical standards in the practice correcting criminals.

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KHADIJAH MOHAMMAD ISLAMIC ACADEMY

SYLLABUS

Course Code: CA 3
Course Description: THERAPEUTIC MODALITIES
No. of units: 3units
Pre-Requisite: Institutional and Non-Institutional Correction

I. Course Description:

The course covers the review on laws on human rights, different forms of human rights
violation, government programs for the welfare of the victims, treatment models, and the
developmental aspects of therapeutic modalities.

II. Course Objectives:

At the end of the course, the students should be able to:
8. Conduct Criminological research on crimes, crime causation and modes of therapies for
criminals.
9. Internalize the concepts of Human rights and victim welfare.
10. Demonstrate competence and broad understanding in correctional therapeutic modalities
promoting public safety and criminal justice.
11. Ensure offender’s welfare and development through therapeutic modalities for their re-
integration to the community.
12. Collaborate the different therapeutic modalities effectively and independently to all types
of person deprived of liberty.
13. Engage in lifelong learning and devising therapeutic modalities for all types of person
deprived of liberty.
14. Apply professional, social, and ethical standards in the practice correcting criminals.
III. Course Outline:
1. Laws On Human Rights
2. Treatment Vs. Punishment
3. Governmental Programs For The Victims
4. Different Therapeutic/ Treatment Models
5. Victim’s Reparation And Emotional Recovery Programs
6. Behavioral Management
7. Emotional And Psychological
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8. Intellectual And Spiritual
9. Vocational And Survival Skills

IV. REQUIREMENTS
1. Pass all major examinations
2. Class/Virtual Reporting ( MIDTERM)
3. Case Study (FINAL)
4. Complete all attendance
5. Actively participate during discussion and oral recitation
V. GRADING SYSTEM

1. Attendance - 20%
2. Class Participation - 10%
3. Performance Task - 30%
4. Examination - 40%
TOTAL: 100%
1.0 – 98-100% 1.75 – 90-91% 2.5 – 82-84% NE – No Exam
1.25 – 95-97% 2.0 – 88-89% 2.75 – 80-81% NR – No Requirement
1.50 – 92-94% 2.25 – 85-87% 3.0 – 75-79% LA – Lack of Attendance

VI. References:
1. Foronda, Mercedes A.(2014) Correctional Administration 1 : Non Institutional Based
Corrections
2. Padua, Janette B. (2013) Parole Rules, Probation Law and Executive Clemency (Non-
Institution-Based Corrections)
3. Guevara, Ricardo (et al) (2013) Comprehensive Penology : Institutional and Non-Institutional
Corrections
4. Tancangco, Danilo (et al) (2013) Philippine Correctional Administration
5. Alarid, Leanne Fiftal (2013), Community-Based Corrections 9th Ed

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PRE
PRE TEST
ASSESSME
INSTRUCTION: Write the letter of your choice. SYTRICTLY NO
ERASURES.
NT
1. A type of prisoners which includes those who requires high degree of control and supervision such as but not
limited to death sentenced, recidivist, habitual delinquent and escapes, sentenced for more than 20 years, with
pending cases and criminally insane or severe personality or emotional disorders.
a. Maximum security c. Minimum security
b. Medium security d. Colonist
2. The prisoner who was first time brought to the RDC shall be considered?
a. Maximum security c. Minimum security
b. Medium security d. Colonist
3. The “Walk Away Prisoner” as dubbed by the institution is the ___?
a. Maximum security c. Minimum security
b. Medium security d. Colonist
4. The following prisoner shall be classified under minimum security:
a. Those with severe physical handicap as certified by the chief medical officer of prison.
b. Those who are 65 y./o and above, without pending case and whose conviction is not on appeal.
c. Those who have served one-half of their minimum sentence or one-third of their maximum sentence,
excluding GCTA
d. Those who have six months more to serve before the expiration of their maximum sentence.
e. All of these
5. The medium security prisoners includes the following, EXCEPT.
a. Those whose sentence is less than 20 years imprisonment or those remanded inmates.
b. Those who are eighteen years of age and below regardless of the case and sentence.
c. Those two or more records of escape but served eight (8) years since they were recommitted. Or with one
record of escape but serve five (5) years.
d. First offender sentenced to life imprisonment after service of five (5) years in the maximum security
prison or less upon recommendation of the Superintendent.
e. Those who were detained in the city and provincial jail.
6. The color of the uniform of inmates under the maximum security prison is ___?
a. Tangerine b. blue c. brown d. gray e. yellow
7. Those who cannot be trusted in less secured areas and whose conduct or behavior require minimum supervision.
a. Maximum security c. Minimum security
b. Medium security d. Colonist
8. One who has either been previously committed for three or more times as sentence inmate, except those
imprisoned for non-payment of fine and those who had been reduced from a higher class.?
a. Third Class c. Second Class
b. First Class d. Colonist
9. To be a ____________, one must be at least a 1st class inmate and has serve one (1) year immediately preceding
the completion of the period specified in the following qualification: has served imprisonment with Good
conduct for atleast 7 years in the case of life imprisonment.
a. 1st class inmate c. 2nd class inmate
rd
b. 3 class inmate d. colonist
10. The following are privileges given to a colonist, EXCEPT
a. Additional 5 days GCTA for each calendar month aside from the regular GCTA.
b. Automatic reduction of life imprisonment to 30 years.
c. To wear civilian clothes on such special occasions as may be designated by the Superintendent.
d. An award of 7 hectares of land as homestead.
e. To have his wife and children live with him subject to the approval of the Director.

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11. Inmates shall be served three (3) meals a day and Breakfast shall be serve not more than _____ after the previous
day’s dinner.
a. 12 hours b. 14 hours c. 6 hours d. 10 hours
12. The confinement of an inmate may be transferred to an AFP stockage provided the inmate is certified as
minimum security risk and is does NOT fall in any of the following, EXCEPT.
a. Inmate serving life sentence or death.
b. Those who have previous record of escape / recidivist.
c. Those serving for a crime involving moral turpitude.
d. Inmate who is more than 50 years old or who can no longer perform manual work.
e. None of these
13. Prisoners may be transfer from National prison to the provincial prison or vice versa upon direction of _______?
a. Director of prison c. Superintendent
b. President of the Philippines d. BBP
14. Superintendent may authorize prisoner to be taken out of prison in the following instances, EXCEPT:
a. To appear in court or other government agency as directed by competent authority.
b. For medical examination/treatment or hospitalization in an outside clinic or hospital.
c. To view the remains of a deceased relative.
d. To transfer to provincial jail
15. Movement of inmate for medical or hospitalization outside and viewing of remains of deceased relative shall be
with approval from:
a. Director c. Secretary of Justice
b. Administrator d. Chairman
16. A minimum or medium security prisoner who wanted to view a deceased relative shall file an application for
such purpose within how many days before the enjoyment of said privilege?
a. 2 days b. 1 day c. 3 days d. 4 days
17. Prisoners at the NBP or CIW who applies for viewing of the remains of the deceased relative shall be
recommended by the superintendent thereof and the director to ________ for final action at least one (1)
working day before the privilege is to be enjoyed.
a. President c. Secretary of Justice
b. Administrator d. Chairman
18. The duration of viewing shall be for a period of three (3) hours, provided that the place is within the radius of
__________ by road. If more than such distance, privilege may be extended if the inmate can leave and return to
his place of confinement during the daylight hours.
a. 20 km b. 30 km c. 40 km d. 50 km
19. A person (detainee) who is under preventive imprisonment may or may not abide by the rules imposed on finally
convicted inmates. If said person did agree to such rules, upon finally conviction he/she shall be entitled for full
deduction of the period of his preventive imprisonment. If said person did not expressed in writing his conformity
with the rules he will only be entitled to a deduction of _______ of the time during which he has undergone
preventive imprisonment.
a. 1/5 b. 3/4 c. 2/3 d. 4/5
20. . This law authorizes the release of a detained offender who has undergone preventive imprisonment to the
maximum imposable penalty for the offense charged:
a. BP. 26 b. BP 85 c. E.O. 70 d. E.O. 80
21. Inmates of such age shall be excused from mandatory labor.
a. 50 years old c. over 50 years old
b. 60 years old d. over 60 years old
22. This program employs prisoners in various product or good producing tasks:
a. Agricultural c. Industrial
b. Operational d. Administrative
23. Inmate who has been six months permanently assigned to work in prison may receive compensation credits at
rate prescribed by the director. The same shall be credit to his trust fund and he may utilize ____ of said earnings
for purchased of his needs.
a. 1/2 b. 1/4 c. 1/3 d. 1/5
24. Who may grant Good-Conduct Time Allowance?

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a. The superintendent c. The director
b. The President d. The Secretary
25. Inmates who have served with good conduct or behavior during the third to fifth years shall be entitled with
deductions from the period of his sentence of how many days?
a. 5 days b. 8 days c. 10 days d. 15 days
26. An inmate who give himself up voluntarily to the authorities within forty-eight (48) hours following the issuance
of a proclamation announcing the passing away of a calamity may be given special time allowance for loyalty
amounting to _______ of the period of his sentence.
a. 1/5 b. 1/3 c. ½ d. ¼
27. Inmate shall have the right to communicate or correspond with persons or organization subject to censorship. He
shall be advised to collect said mail correspondence within ______ after it was received in prison.
a. 24 hours b. 3 days c. 2 days d. 12 hours
28. Inmates who demonstrated good behavior shall earn one telephone call to an authorized individual every ___
days and shall be granted only within 5 minutes and the inmate shall identify himself as an inmate.
a. 60 days b. 30 days c. 90 days d. 50 days
29. Shall mean fiction, nonfiction, poetry, music and lyrics, drawing and cartoons, and other writings of a similar
nature made or written by inmates during his free time or non-work time.
a. Art work c. Manuscript
b. Literature d. Literary works
30. This is the process wherein prison officials try to convert inmates and be affiliated into their religion:
a. conversion c. Proselytizing
b. New convert d. indoctrination
31. The least punishment for any infraction of the rules/regulation of the Penitentiary is :
a. Reprimand
b. Cancellation of recreation, education, entertainment and visiting privilege.
c. Deprivation of GCTA for a specific period.
d. Change of security status to the next higher category.
32. Confinement in a disciplinary cell as a punishment for breach of discipline shall for a period of:
a. One to two months depending on the gravity of the offense
b. 7 days
c. One month
d. Two months
33. Request for interview of the inmate by media shall be given to superintendent within how many days?
a. Two days c. Three days
b. Five days d. Four days
34. Interview of inmates who are below 18 years of age may not be granted without consent from?
a. The Director c. Superintendent
b. Parents or guardian d. Secretary
35. Infant born inside the prison may be allowed to stay with the mother for a period of ____?
a. Six month c. 3 years
b. 12 months d. 2 years
36. Inmate may be released from prison on the following grounds, EXCEPT:
a. Upon the expiration of his sentence
b. By order of the court or of competent authority
c. After being granted parole, pardon or amnesty
d. Upon grants of probation
e. None of these
37. Release of prisoner may be authorized by the following, EXCEPT
a. The Supreme Court or lower courts, in case of acquittal or grant of bail.
b. The President of the Philippines, in the exercise of executive clemency or amnesty.
c. The Board of Pardons and Parole, in parole cases.
d. Director of Prison, upon expiration of the sentence of the inmate.
e. None of these

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38. The director of Prison shall not order or allow an inmate to leave prison on ____ days before and ___ days after
an election except for valid or legal reasons.
a. 60 days and 30 days c. 30 days and 40 days
b. 30 to 40 days d. 50 days and 40 days
39. This was created to provide preparatory rehabilitation activities in a residential setting or pre-release place for
prisoners. It is a 24 hours residential agreement that is geared towards preparing the client to become
emotionally, socially and economically ready for family and community life.
a. Separation and placement center c. Pre-release house
b. Halfway house d. Detention cell
40. In executive clemency and parole cases, the director shall forward the carpeta and prison record of an inmate to
the Board within the following period.
a. For commutation of sentence – at least one (1) month before the expiration of 1/3 of the minimum period
of the inmate’s indeterminate sentence and in special cases, at least one month before the periods
specified by the Board.
b. For conditional Pardon – at least one month before the expiration of 1/2 of the minimum period of the
inmate’s indeterminate sentence
c. For parole – at least one month before the expiration date of his minimum sentence.
d. All of these.

UNIT
1. LAWS ON HUMAN RIGHTS
1
Human rights are the basic rights inherent to all human beings from birth until death. These rights
include the right to life and liberty, personal security, freedom from torture, freedom from
discrimination and freedom from arbitrary arrest, among others.

PREAMBLE

We, peoples of the Philippines, give highest value to the dignity and fullness of life of the human person and
share a common aspiration for human rights—even as we speak different languages and dialects, profess different
spiritual beliefs and uphold different ideologies.

Ours is a history of revolutionary struggle against all forms of oppression for national freedom, justice,
equality and peace. The same struggle and aspirations for freedom and respect for human rights have inspired our
collective spirit to become a nation proud of our heritage and diverse culture. Today, we rekindle the same
revolutionary spirit in our struggle against the negative effects of globalization, debt burden, environmental
destruction, social inequality and poverty. These make human and peoples’ rights our foremost concern.

We assert that human and peoples’ rights are our fundamental, inherent and inalienable rights to life, dignity
and development. We recognize that these rights are universal, interdependent and indivisible and are essential to
fulfil and satisfy our civil, political, economic, social, cultural, spiritual and environmental needs. They are what
make us human.

The growing democratization process and human rights consciousness as exemplified in the active
participation and assertion of civil society have served as tools in opposing all forms of human rights violations and
all forces that block our development as individuals and as a nation.

Therefore, we hereby proclaim by this declaration, the basic standards for the protection, promotion, respect
and fulfillment of human and peoples’ rights by the State.

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INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and respect for these basic
rights should be guaranteed, protected and upheld by the State.

2. The State has the duty to safeguard and assure the dignity of its peoples as individuals and as members of
communities and ensure their capacity for self-development. The State should formulate policies, enact laws and
provide mechanisms that are in conformity with universal human rights standards.

3. The State has the obligation to provide the highest standard of living for its citizens by eradicating social,
economic, political, cultural, ethnic and gender inequalities. In the determination and implementation of laws and
policies, the government must always respect and consider the concerns of women, children and youth, persons with
disabilities, the mentally challenged, older persons, indigenous and Moro peoples, the urban and rural poor, farmers
and fisher folk, workers - local and overseas, public or private, whether formally employed or not, displaced families
and communities and other vulnerable sectors, with the view to ensuring their empowerment.

4. The diversity and plurality of the Philippines must be safeguarded through respect and tolerance. The State must
respect and promote harmony and understanding between and among individuals, communities and peoples. It must
uphold non-discrimination among peoples regardless of age, race, ethnicity, religion, gender, physical ability, sexual
orientation, social beliefs and political convictions. Cultural traditions and institutionalized power shall not serve as
justification for any form of violence, abuse, neglect, or deprivation of human and peoples’ rights.

CIVIL RIGHTS

5. We have the right to life, liberty, security and property. We have the right to a transparent, credible, competent and
impartial justice system, free from influence and corruption, where wrongs are redressed and justice is dispensed
fairly, speedily and equitably. We must have equal access to the courts and adequate legal assistance. We must be
treated equally before the law regardless of our political, social and economic status.

6. We have a right to the security and privacy of our persons and our homes. The State shall respect and uphold our
right to the privacy of communication, information, private transactions and affairs. The State shall ensure our
freedom of movement and liberty of abode.

7. The requirements of due process of law shall be observed before, during and after trial. The accused is presumed
innocent until proven guilty and shall enjoy the right against self-incrimination, the right to an independent and
competent counsel preferably of his or her own choice, and the right to be informed of such rights.

8. Detainees and prisoners have the right to humane conditions of detention with adequate food, space and
ventilation, rest and recreation, sanitary and health services, and skills training. They have the right to communicate
with counsel, family and friends and be visited by them. The right to practice their religious beliefs and to express
themselves shall likewise not be denied. The State must provide separate detention facilities for women and children
in conflict with the law. Detainees and prisoners shall be given the opportunity for correction and rehabilitation
towards their reintegration into society.

9. No person shall be subjected to arrests, searches, seizures and detention without due process of law. No suspect,
detainee or prisoner shall be subjected to torture, force, violence, intimidation, harassment or threats. No accused
shall be subjected to trial by publicity. Neither shall cruel, inhuman or degrading punishment or treatment or
incommunicado or solitary confinement be imposed.

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10. We have the right against involuntary disappearances. The State shall protect its citizens from all forms of
systematic and massive extrajudicial and summary killings. The State shall take responsibility for all the acts of its
State agents and give information and assistance to the families of the disappeared.

POLITICAL RIGHTS

11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to meaningful
representation, participation and decision-making about individual and community concerns shall be recognized and
maintained. The protection of life, liberty and property, the upliftment of economic conditions and the promotion of
the general welfare are essential prerequisites of a truly democratic society.

12. Public office is a public trust. Transparency, accountability, integrity and competence are minimum standards of
good governance. It is the State’s duty to eliminate graft and corruption at all levels of the bureaucracy. Towards this
end, our right to information on matters involving public interest shall be safeguarded.

13. We have the right to determine, participate, intervene and take action in all matters that directly and indirectly
affect our welfare. The freedoms of speech, press, association and peaceful assembly shall at all times be recognized
and protected by the State.

14. The State shall provide equal access to opportunities for public service to all competent and qualified citizens.
The State must equitably diffuse political power and prohibit political dynasties in accordance with democratic
principles.

15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive and corrupt regime by
means consistent with general principles of human rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its citizens shall be
adequately nourished and free from hunger. The State has the obligation to establish a responsive social housing
program and protect the people from unjust evictions from their homes. Protection and assistance shall be accorded
marginalized families and vulnerable sectors of society.

17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and culturally sensitive education,
responsive to our needs, which advances the culture of human rights.

18. The State must establish a responsive social welfare system that contributes to the continuous improvement of its
people and their lives. All public utilities should be accessible and affordable to meet the peoples’ basic necessities.

19. Children and youth have rights to special care, education, health, and protection against all forms of abuse,
discrimination, exploitation, corruption, and conditions affecting their moral development. The best interest of the
child shall always take precedence in State policies and laws.

20. Women are partners of men in nation building. They have equal rights in civil, political, social, and cultural
aspects of life. The State shall protect and defend them from discrimination, exploitation, trafficking, assault, battery
and other forms of abuse and violence.

21. Men and women have reproductive rights. The State shall recognize the rights of all couples and individuals to
decide freely and responsibly the number, spacing and timing of their children and to have the information and means
to do so, and the right to attain the highest standard of sexual and reproductive health. The State shall also recognize

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the rights of couples in making decisions regarding reproduction free of discrimination, coercion and violence, as
expressed in human rights documents.

22. The indigenous and Moro peoples have the right to equality with all other peoples and against all forms of
discrimination. They have the right to existence as distinct peoples free from assimilation as well as the right to resist
development aggression, which threatens their survival as a community. Thus, the State shall assist and support them
in the protection and preservation of their culture, language, tradition and belief. They have an inherent right to their
ancestral domain, which must be given urgent immediate attention and protection by the State and should be
respected and defended by all.

23. The State shall accord special protection to persons with disabilities. They have the right to enjoyment of equal
opportunity as well as appropriate and accessible social services, education, employment, rehabilitation and social
security.

24. Older persons shall be given preferential treatment by the State. They shall be given priority in terms of
accessible social security and health.

ECONOMIC RIGHTS

25. We have the right to a nationalistic and independent economic policy protected from foreign domination and
intrusion. We have the right to a self-reliant economy based on national industrialization. We have the right to resist
all forms of oppressive and unreasonable trade liberalization, to oppose a subservient debt management strategy, and
to repudiate all foreign debts that do not benefit the people. The State shall develop efficient and effective debt
management strategies that will benefit the people and shall give preferential treatment to local capital.

26. We have the right to equal access to employment opportunities and professional advancement. The labor force is
the lifeblood of the country and all workers have the right to just compensation, dignified and humane working
environment, job security, the right to form and join unions and organizations, to bargain collectively, to go on strike
and to actively participate in political life. Discrimination in the work place, sexual harassment, slavery, exploitation,
and child labor shall not be tolerated. Moreover, overseas workers have the right to enjoy the basic rights accorded to
workers in their respective host countries, consistent with international labor laws or standards.

27. Land, as a limited resource, bears a social function. The right to own land should be limited to Filipinos and shall
be guided by the principle of stewardship and subject to the demands of the common good. Peasants shall have the
right to own the land they till through a genuine agrarian reform program including support services. Landowners
shall also be protected from land grabbers through effective legal and administrative measures.

28. Fisher folk have the right of access to fishing grounds, to protection from foreign incursions and local large-
scale/commercial fishing business, to genuine aquatic reforms and to the preservation and protection of communal
fishing grounds.

29. We have the preferential right to the judicious cultivation, utilization, and preservation of our natural resources
which will ensure an ecological balance that can support and sustain the total physical and economic well-being of
every person, family and community.

30. The marginalized and vulnerable sectors shall have preferential access/control to credit and micro-finance, and
the right to skills and livelihood training, which shall contribute to the constant improvement of their lives.

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COLLECTIVE RIGHTS

31. We have the right to self-determination. This right provides us with the freedom to develop ourselves as peoples,
preserve our culture and retain our national identity. Our peoples shall not be coerced into assimilation, nor shall
force evacuation, dislocation and displacement resulting from development aggression and other State policies should
be allowed. We have the right to resist any form of political, economic, social or cultural domination by resorting to
any legitimate means.

32. We have the right to a clean, safe and sustainable environment that supports an equitable quality of life.
Ecological balance must be preserved in the pursuit of national development because the capacity of our resources to
continue supporting our daily needs is limited. Collectively, we have the intergenerational responsibility to protect,
conserve and develop our natural environment for the enjoyment of present and future generations of Filipinos.

33. We have the right to a social order, which is conducive to peace and development. It is the duty of the State to
undertake a comprehensive peace process that reflects the sentiments, values and principles important to all peoples
of the Philippines. Therefore, it shall not be defined by the State alone, nor the different contending groups only, but
by all peoples of the Philippines as one community. The promotion and protection of our rights must be geared
towards international understanding, solidarity among peoples and nations, and friendship among all racial, ethnic or
religious groups.

WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans, regardless of their nationality, race, gender, religion, language, or
sexual orientation. The concept of human rights may not be new, but it’s gone through significant changes over time.
In the past, only the rights of privileged groups of people were respected. In 1948, the newly-formed United Nations
General Assembly adopted the Universal Declaration of Human Rights (UDHR). This codified the necessity of
human rights for all. International law, national constitutions, and other conventions support and expand on the
UDHR. What kinds of human rights exist?

THEORETICAL CATEGORIZATIONS

Some theories help us understand where the concept of current-day human rights comes from. “Natural
rights” are a very old philosophical concept. Related to natural law, natural rights refer to rights that are universal and
inalienable. They are not related to any government or culture. By being human, a person is entitled to their natural
rights. That’s where we get the concept of universal human rights. Another example of human rights categorization is
the distinction between positive rights and negative rights. The state must provide access to positive rights, like food,
housing, education, and healthcare. Negative rights refer to the freedom from certain things, like slavery, torture, and
suppression. It’s the state’s role to ensure these violations do not occur. In the “three generations” framework of
human rights law, which has most impacted Europe, negative rights are first generation, while positive rights are part
of the second and third generations.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The UDHR and other documents lay out five kinds of human rights: economic, social, cultural, civil, and
political. Economic, social, and cultural rights include the right to work, the right to food and water, the right to
housing, and the right to education. Documents like the International Covenant on Economic, Social, and Cultural
Rights, which was established in 1976, protect these rights. Conventions like the Convention on the Rights of the
Child safeguard the economic, social, and cultural rights of specific groups. As with all types of human rights, the
state’s responsibility is to protect, promote, and implement economic, social, and cultural rights. Specific examples in
this category include:

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 The right to work in a safe environment for a fair wage
 The right to access medical care, including mental health care
 The right to accessible education
 The right to adequate food, clothing, and housing
 The right to affordable sanitation and clean water
 The right to take part in cultural life
 The right to enjoy the benefits of scientific progress
 The right to social security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal Declaration of Human Rights.
They state that people must be allowed to participate freely in civil and political life without facing repression or
discrimination. While economic, social, and cultural rights are framed as rights a person is entitled to, most civil and
political rights are about protection from certain things, like torture and slavery. Documents like the International
Covenant on Civil and Political Rights and its two Optional Protocols outline rights such as:

 The right to life, which is violated by actions like death by torture, neglect, and use of force
 The right to freedom of expression, which is violated by restricting access to ideas and limiting press
freedom
 The right to privacy, which is violated by intruding on a person’s sexual life or personal data
 The right to asylum, which is violated by deporting someone to a country where their lives are at risk
 The right to a fair trial and due process, which is violated by a court that’s not impartial and excessive delays
 The right to freedom of religion, which is violated when someone is punished for following their beliefs or
forced to adopt another religion
 The right to freedom from discrimination, which is violated when traits like race, gender, religion, etc are
used as justification for actions like being fired from a job.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (ABBREVIATED)

Article 1 Right to Equality

Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections

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Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

UNIT
2. TREATMENT VS. PUNISHMENT
2
3.

NATURE AND TRENDS OF PUNISHMENT

Punishment is a means of social control. It is a device to cause people to become cohesive and to
induce conformity. People believe that punishment is effective as a means of social control but this
belief is doubtful. There is no question, however, that some forms of punishment are more effective
in one society than in another. For example, punishment in a small well bordered community, where
people practically know everybody, is more effective in inducing conformity than in a highly mobile metropolitan
city.

The general concept of punishment is that it is infliction of some sort of pain on the offender for violating the
law. This definition is not complete in the sense that it does not mention the condition under which punishment is
administered or applied. In the legal sense, it is more individual redress, or personal revenge. Punishment, therefore,
is defined as the redress that the state takes against an offending member.

Punishment is restricted to such suffering as is inflicted upon the offender in a definite way by, or in the
name of, the society of which he is a permanent member. Punishment must be intended and not accidental, to
produce some sort of justified suffering on the offender. It is essential that the offender should be forcibly made to
suffer and that society is justified in making him suffer. Punishment is a form of disapproval for certain behaviors
that is followed by imposing a penalty. Punishment makes the offender stigmatized and penalized. The offender may
or may not actually suffer, under the intentional application of punishment, depending on the circumstances it is
applied and the toughness of the individual offender.

FORMS OF PUNISHMENT
The forms of punishment Death penalty was Corporal punishment was Public humiliation and
in primitive society were: carried out by inflicted the offender by shaming were effected by
1. Death penalty 1. hanging 1. Flogging 1. the use of stocks and
2. Corporal punishment 2. burning 2. Mutilation pillory
3. Public humiliation 3. immersing in boiling 3. Disfiguration 2. docking stool
and shaming oil 4. Maiming. 3. branding
4. Banishment. 4. feeding to wild 4. shaving off the hair,
animals etc.
5. other barbaric ways.

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Justifications of Punishment

The theories or justifications of punishment vary from one stage of civilization to another. The most common
justifications of punishment are retribution, expiation or atonement, deterrence, protection and reformation.

Retribution

In primitive days punishment of the transgressor was carried out in the form of personal vengeance. Since
there were no written laws and no courts, the victim of a crime was allowed to obtain his redress in the way he saw
fit. Oftentimes, the retaliatory act resulted to infliction of greater injury or loss than the original crime, so that the
latter victim was perforce afforded his revere. Punishment therefore became unending vendetta between the offender
and the victim. Later, an attempt was made to limit the retaliation to the degree of injury inflicted, thus the
philosophy of “an eye for an eye” evolved. During this period nearly all offenses that are now included in criminal
codes as public crimes, were considered private offenses for which the victims were allowed their redress through
personal vengeance.

There were a few offenses, however, which were regarded as crimes committed against the native gods.
People being then superstitious, believed that any catastrophe that befell the group was a retaliation of an offended
god. In order to appease the offended god, the social group or clan demanded that the supposed offended be banished
or put to death. Witchcraft was considered a public crime and person suspected of being a witch was tortured,
banished or put to death.

Expiation or Atonement

This theory or justification of punishment was also advocated during the pre-historic days. A sort of common
understanding and sympathetic feeling developed in the group. An offense committed by a member against another
member of the same clan or group aroused the condemnation of the whole group against the offending member.

The group would therefore demand that the offender be punished. When punishment is exacted visibly or
publicly for the purpose of appeasing the social group, the element of expiation is present. Expiation is therefore,
group vengeance as distinguish from retribution which is personal vengeance. Punishing the offender gives the
community a sense of its moral superiority, an assurance that virtue is rewarded after all. Hostile action against the
offender brings about cohesiveness in society. Corporal punishment in most modern countries has been abolished and
the application of punishment has tended to be withdrawn from the public eye. Some segments of society, however,
still cling to the belief wrong doing or in order that punishment be punishment.

Deterrence

It is commonly believed that punishment gives a lesson to the offender; that it shows other what would
happen if they violate the law; and that punishment holds crime in check. This is the essence of deterrence as a
justification for punishment.

Cesare Beccaria, an exponent of the Classical School of Criminology and whose writings at the end of the
18th century renovated the punitive justice system of Europe, contended that the intent of punishment should not be
to torture the criminal or to undo the crime (expiation) but to “prevent others from committing a like offense”. He
advocated the theory that “a punishment should have only that degree of severity which is sufficient to deter others. It
is doubtful if punishment is as the proponents think. In one New England state during the 18th Century, theft was
punishable by whipping the offender in the public plaza. The purpose of whipping the thief within the public view
was to deter others from committing the same offense. Public whipping, however, did not diminish the incidence of
the theft in that state.

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In England during the 18th century, pick pocketing was one of fifty offenses punishable by hanging. The
offender was hanged on a Sunday afternoon in order to draw the largest number of spectators. The hanging would be
preceded by a brass band playing in the morning until in the afternoon. On this occasion, thousands of spectators
would mill their way in the crowd to obtain better view of the victim at the condemned man was executed. On this
same occasion professional pick pocketers were busy plying their trade in the crowd. The multitude that came to view
the hanging were there to see how the offenders withstood their fate, how callous they were, and how they would
react to the jeers and chastisement of the crowd. In some instances punishment undoubtedly has a deterring effect.
For the great mass of infractions of the law, however, the fear of punishment does not enter into the causation.

The conception of deterrence presumes that the person thinks before he acts and that all he has to do is to
think of the consequences and then he will be deterred. Actually this is not so because offenders commit crimes
without the fear of punishment uppermost in their minds. There are certain types of offenders who could not be
deterred by the fear of punishment, namely, the behavior of the moment type involved in crimes of anger and
passion; and the type of offender whose antisocial behavior is connected with his personality pattern and is part of his
approach to life as exemplified by the psychopathic offender and the neurotic offender.

There is no doubt, however, that some types of offenders, particularly first offenders, can be stigmatized by
the lightest form of punishment. To others more inured in crime; going in and out of penal institutions does not deter.

Protection

Protection as a justification of punishment came after prisons, were fully established. People believe that by
putting the offender in prison, society is protected from his further criminal depredation. If this were so, vicious and
society is protected from his further criminal depredation. If this were so, vicious and dangerous criminals should be
made to serve long terms of imprisonment. Recidivism and habitual delinquency laws are expected to attain this end.

How effective is protection as justification of punishment? Or how effective is imprisonment as a means of

protecting the community against crime?

According to statistics, the prison population of the Federal Bureau of Prisons and the Correctional
Departments of Minnesotta and Washington DC represent a very insignificant portion (only 3.5%) of the whole
criminal population. Ninety-six and five tenth percent (96.5%) of crimes reported to the police remain at large. These
figures do not include crimes not reported to the police, the volume of which is unknown. Therefore, from these data
we can conclude that imprisonment cannot protect society from crime. Even if all convicted offenders were kept in
prison for life, still the 96.5% who are at large will continue to plague society. Also, imprisonment as an end of
punishment is not tenable because prisoners are released within a short period of confinement. Statistics show that
their average stay inside prison is from three to five years, after which they are again ready to commit further crimes.

Reformation

This is the latest justification of punishment. Under this theory, society can best be protected from crime if
the purpose of imprisonment is to reform or rehabilitate the prisoner. Advocates of this theory contend that since
punishment does not deter; in as much as imprisonment does not protect society from further commission of crimes
because the greater portion of the criminal population is at large; and because prisoners stay in prison for a short time,
from 3 to 5 years only, society’s interest can best be served by helping the prisoner become a law-abiding and
productive citizen upon his return to the community by making him undergo an intensive program of rehabilitation in
prison.

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Theoretically, imprisonment for reformation is sound, but practically, rehabilitation is difficult to achieve.
Some prisoners are reformed, but about 50% get relapses. Failure to reform prisoners may be due to poor
administration of the reformatory program, or it may lie in the make-up of the criminal population.

Probation, which is a substitute for imprisonment, and parole which an early release from prison, are
intended to reform the offender. A new concept of correctional administration has developed, thus reformation and
rehabilitation are now thought of as “treatment”. Treatment through institutional programs and through probation and
parole services is the modern version of reformation and rehabilitation.

LIMITATIONS OF PUNISHMENT

Punishment has certain limitations on the offender, in spite of the above-enumerated justifications, are:

1. Punishment makes the criminal cautious about concealing his criminal activities
2. Stigmatizes him and isolates him from society; makes him a martyr or a hero; and develops in him an
antisocial grudge and a strong resentment of authority.
3. Punishment on the other hand does not deter; does not repair damage to society; or reconstruct the
personality of the offender.

Trends of Punishment

The principal trends of punishment are in the development of exemptions, pardon, and communications; the
decline in the severity of punishment; the growth of imprisonment and its modifications; good time allowances;
indeterminate sentences; suspended sentence and probation, conditional release, parole, short sentences, and fines.

Exemptions of Punishment

The basis for exemptions is usually social. In Europe, Kings and Rulers in ancient and early modern society
could do no wrong. Upper classmen were often times exempted from criminal liability for offences, which caused
the commoner long imprisonment or death penalty.

Most countries today do not punish offenders for absence of “mens rea”, that is absence of a guilty mind or
lack of criminal intent. The right of sanctuary was practiced in the early Christian era. The benefit of clergy was
originally given to clerics who did not wear ecclesiastical robes from being tried by lay courts but only by
ecclesiastical courts. Latter the privilege was extended to anyone who could read and write. Age of the offender was
another basis for exemption from criminal responsible. Under juvenile delinquents are not legally classified as
criminals.

The mental condition of the offender is another basis for exemption from criminal responsibility. The
M’Naghtan case of England (1843) held the opinion that an offender is to be considered sane and responsible until is
proven that he was insane at the act was committed, and therefore, could not have known right from wrong. This
doctrine holds true in every progressive country today. Reformist would want the criminal insane, such as the
criminal psychopaths and criminal neurotics, handled by special laws and procedures in courts and to provide
specialized mental institutions for their care. There is now a move that in cases where the plea is “ no responsibility”
because of insanity or mental disturbance, juries should be concerned only with the problems of establishing guilt and
that a panel of experts appointed by the courts; should determine the disposition to be made of the case.

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UNIT GOVERNMENTAL PROGRAMS
3 FOR THE VICTIMS

The Philippines takes pride in its unique and indigenous way of settling disputes and treating both
offenders and victims at the village ("barangay") level. The system is called "Katarungang
Pambarangay" (Village Justice System). When a complaint is reported or an unresolved conflict or
dispute from the barangay level is elevated to the jurisdiction of the police, the victim is viewed as a
complainant. 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.
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. The law specifies the
administrative procedure for filing the victim's claim through the Board of Claims. The Commission on Human
Rights exists under a constitutional mandate to act as an independent office to protect and promote human rights.
This commission provides financial assistance to victims of human rights violations or their families, so as to help
alleviate suffering and sustain their basic needs within a specified period. Further, the Philippine Government has
enacted laws that protect the rights and address the needs of certain categories of victims, notably children, women,
and migrant Filipinos. This chapter also discusses Philippine civil society's role in victims' support, as well as the
challenges and prospects of victim support schemes. The chapter concludes that prospects for victim support in the
Philippines are promising because of pending legislation designed to further protect human rights in the areas of child
abuse and specific harms suffered by crime victims.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

1. WITNESS PROTECTION, SECURITY AND BENEFITS PROGRAM

It is a program established under Republic Act No. 6981, "The Witness Protection, Security and Benefit
Act", which seeks to encourage a person who has witnessed or has knowledge of the commission of a crime to testify
before a court or quasi-judicial body, or before an investigating authority, by protecting him from reprisals and from
economic dislocation.

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;

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 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.

2. VICTIMS COMPENSATION PROGRAM

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

What is the rationale for the enactment of the law?

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

Who may apply for compensation?

 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 .

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3. 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”

RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.

(2) 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.
(3) 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.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea,
sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
(10) 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.

UNIT DIFFERENT THERAPEUTIC/

4 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 Administration has adopted a harmonized and integrated treatment program for these clients to affect
their rehabilitation. This harmonized and integrated program involves (1) The Therapeutic Community Modality (2)
The Restorative Justice Principles and Concepts and (3) the Use of Volunteer Probation Aides (VPAs).

The Therapeutic Community Modality is a self-help social learning treatment model used for clients with
problems of drug abuse and other behavioral problems such as alcoholism, stealing, and other anti-social tendencies.
As a treatment model, it includes four (4) categories, namely, behavior management, intellectual/spiritual aspect,
emotional and social aspects, and vocational/survival aspects.

In this regard, 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:

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1. INDIVIDUAL AND GROUP COUNSELING

This activity intends to assist the clients in trying to sort out their problems, identify solutions, reconcile
conflicts and help resolve them. This could be done either by individual or group interaction with the officers of the
Agency.

2. MORAL, SPIRITUAL, VALUES FORMATION

Seminars, lectures or trainings offered or arranged by the Agency comprise these rehabilitation activities.
Active NGOs, schools, civic and religious organizations are tapped to facilitate the activities.

3. WORK OR JOB PLACEMENT/REFERRAL

Categorized as an informal program wherein a client is referred for work or job placement through the
officer’s own personal effort, contact or information.

4. VOCATIONAL/LIVELIHOOD AND SKILLS TRAINING

The program includes the setting up of seminars and skills training classes like food preservation and
processing, candle making, novelty items and handicrafts making, etc., to help the clients earn extra income.
Likewise, vocational and technical trade classes are availed of such as refrigeration, automotive mechanic,
radio/television and electronics repairs, tailoring, dressmaking, basic computer training, etc. through coordination
with local barangays, parish centers, schools and civic organizations.

5. HEALTH, MENTAL AND MEDICAL SERVICES

To address some of the basic needs of clients and their families, medical missions are organized to provide
various forms of medical and health services including physical examination and treatment, free medicines and
vitamins, dental examination and treatment, drug dependency test and laboratory examination.

Psychological testing and evaluation as well as psychiatric treatment are likewise provided for by the
Agency’s Clinical Services Division and if not possible by reason of distance, referrals are made to other government
accredited institutions.

6. LITERACY AND EDUCATION

In coordination with LGU programs, adult education classes are availed of to help clients learn basic writing,
reading and arithmetic. Likewise, literacy teach-ins during any sessions conducted for clients become part of the
module. This is particularly intended for clients who are “no read, no write” to help them become functionally
literate.

Likewise, linkages with educational Foundation, other GOs and NGOs are regularly done for free school
supplies, bags and uniform for client’s children and relatives.

7. COMMUNITY SERVICE

This program refers to the services in the community rendered by clients for the benefit of society. It includes
tree planting, beautification drives, cleaning and greening of surroundings, maintenance of public parks and places,
garbage collection, blood donation and similar socio-civic activities.

8. CLIENT SELF-HELP ORGANIZATION

This program takes the form of cooperatives and client associations wherein the clients form cooperatives
and associations as an economic group to venture on small-scale projects. Similarly, client associations serve another

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purpose by providing some structure to the lives of clients where they re-learn the basics of working within a group
with hierarchy, authority and responsibility much like in the bigger society.

9. PAYMENT OF CIVIL LIABILITY

The payment of civil liability or indemnification to victims of offenders are pursued despite the economic
status of clients. Payment of obligations to the victims instills in the minds of the clients their responsibility and the
consequences of the harm they inflicted to others.

10. ENVIRONMENT AND ECOLOGY

To instill awareness and concern in preserving ecological balance and environmental health,
seminars/lectures are conducted wherein clients participate. These seminars/lectures tackle anti-smoke belching
campaign, organic farming, waste management, segregation and disposal and proper care of the environment.

11. SPORTS AND PHYSICAL FITNESS

Activities that provide physical exertion like sports, games and group play are conducted to enhance the
physical well being of clients. Friendly competition of clients from the various offices of the sectors, together with
the officers, provide an enjoyable and healthful respite.

The success of the Therapeutic Community treatment model is also anchored on the implementation of
restorative justice. To highlight the principles of restorative justice, offenders are recognized to indemnify victims
and render community services to facilitate the healing of the broken relationship caused by offending the concerned
parties. Mediation and conferencing are also utilized in special cases to mend and/or restore clients’ relationship with
their victim and the community.

Considering that it is in the community that the rehabilitation of clients takes place, the utilization of
therapeutic community treatment model coupled with the principles of restorative justice would be further energized
with the recruitment, training and deployment of Volunteer Probation Aides (VPAs). The VPA program is a strategy
to generate maximum participation of the citizens in the community-based program of probation and parole. Through
the VPAs, the substance of restorative justice is pursued with deeper meaning since the VPAs are residents of the
same community where the clients they supervise reside. Thus, it is practicable for the volunteers to solicit support
for clients’ needs and assist the field officers in supervising the probationers, parolees, and pardonees.

The Therapeutic Community treatment modality, Restorative Justice paradigm and deployment of VPAs
integrated into one rehabilitation program have yielded tremendous outcome in the rehabilitation and reformation of
probationers, parolees, pardonees, and first-time minor drug offenders.

Furthermore, the Agency believes that the client’s family is a major part or support in the rehabilitation
process, thus the Administration adopts the Integrated Allied Social Services program to address the needs of the
children and other minor dependent of the clients. Under the said program, interventions relative to the growth and
development of the minor dependents are done to help them become productive, law abiding and effective
individuals.

UNIT VICTIM’S REPARATION AND

5 EMOTIONAL RECOVERY PROGRAMS
6.
The criminal justice in the Philippines recognizes the significance of rehabilitation and
reintegration of convicted felons in the community. Evidently, Correction, being one of the
pillars of Philippine Criminal Justice System (PCJS) adopted various rehabilitation programs
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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.

In international law, a breach of an international obligation gives rise to a duty to repair the harm caused. The
obligation to make reparation follows a determination that a particular act caused, or sufficiently contributed to, the
harm or damages and implies a level of wrongfulness. However, certain international law agreements may also
impose an obligation to afford reparation for losses irrespective of fault.
It has been recognized that reparation must “fully” repair any injury, including any material or moral damage
caused by the wrongful act. It must, so far as possible, wipe out all the consequences of the illegal act and reestablish
the situation that would, in all probability, have existed if that act had not been committed.

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.

These forms, afforded singly or in combination, feature in the United Nations Basic Principles and Guidelines on
the Right to a Remedy and Reparation, adopted by the UN General Assembly in 2006. Article 34 in the International
Law Commission’s Draft Articles on the Responsibility of States for Internationally Wrongful Acts lists restitution,
compensation, and satisfaction as the forms of reparation.

Noted: Cessation and nonrepetition are dealt with separately, as independent obligations stemming from the
wrongful act.

BEHAVIORAL
UNIT

MANAGEMENT
BEHAVIOR MODIFICATION is a therapeutic approach designed to change a particular
undesirable negative behavior.

By using a system of positive or negative consequences, an individual learns the correct set of responses for
any given stimulus. The practice has several offshoots that attempt to alter behavior through different actions and has
developed throughout the years. Behavior modification has been found to be successful in treating disorders like
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attention deficit hyperactivity disorder (ADHD), obsessive-compulsive disorder (OCD), phobias, separation
anxiety, generalized anxiety disorder (GAD), disruptive behavior and autism, among other conditions.
This isn’t quite the Pavlovian dog salivation scheme you may be familiar with. That’s classical conditioning.
The way operant conditioning and thus behavior modification in this sense differs is in the nature of the responses.
Unlike Pavlovian conditioning, which generally deals with elicited or reflexive responses, Skinner’s theory works
with voluntary responses. Behavior modification is commonly used in schools and at home, as well as in
rehabilitation settings.

The belief behind behavior modification is that all behaviors can be observed and measured, and used as targets
for change. As a result of those consequences (positive or negative), a person can learn, shape or eliminate certain
behaviors. Before we delve into the different approaches of behavior modification, let’s look at some key terms to
avoid confusion:

 Antecedent. An antecedent comes prior to the (un)desired behavior. It is changeable and can consequently be
altered or removed in order to affect the behavior.
 Consequence. Consequences usually indicate something bad, but in this context consequences can be good or
bad. These occur after the behavior occurs and can change as well. These are also referred to as
reinforcers (to strengthen behavior) or punishments (to weaken behavior). Since both reinforcement and
punishment can be good or bad, here are some more details to uncomplicated the explanation:
 Positive reinforcement is given when a desired behavior occurs and strengthens that behavior. For
example, if Bobby eats all his carrots, he will then get dessert.
 Negative reinforcement occurs when an unpleasant stimuli is removed for the desired behavior and
strengthens behavior. For example, each morning Bobby’s mom comes in and wakes him up for
school by singing. Bobby doesn’t want to hear her sing in the morning so he learns to wake up before
she comes in the room.
 Response cost is like a punishment because a positive stimulus is removed. A response cost is
designed to weaken undesirable behavior. For example, Bobby doesn’t want to share toys with his
sister, so his mother takes one away as a result.
 Punishment occurs when a negative stimulus is added to weaken behavior. Using our earlier example
thread, if Bobby doesn’t want to share or play nicely with his sister, punishment might include a
timeout.
 Extinction happens when there is no reinforcement for behavior, thus weakening the response.

These are only a few of the basic terms used in behavior modification. They might seem a little confusing at
first, but human nature doesn’t always respond to one set of stimuli. The varying terms help clinicians and counselors
to understand what types of actions warrant certain responses and help them to figure out what exactly are our
motivations for acting the way we do.

PRINCIPLES AND APPROACHES

Because behavior isn’t merely cut and dry, behaviorists developed different approaches and schedules for
shaping behavior. Through imitation, schedules or routines, or by doing nothing at all, they were able to learn how
we learn and change our behaviors. We’ve already gone over the types of positive and negative reinforcements and
punishments, so let’s look at some other methods, as listed by Educational Psychology Interactive:

 Modeling. This approach entails teaching an individual to emulate a certain behavior. As an example,
modeling might occur in the employment industry when a new employee gets trained by a more experienced
colleague.
 Cueing. Like the name suggests, cueing is reminding a person to perform a certain action at a given time.
 Discrimination. Discrimination teaches a person to behave in a certain way for a particular set of stimuli, but
not for another. The reward, or reinforcement, occurs only after the appropriate response has been given.
 Substitution. When a current reinforcer no longer prompts the desired behavior, a substitution may occur in
which a new reinforcer is presented.

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 Satiation. Consider this akin to letting a baby cry at night for a little while until he goes to sleep. Satiation
means letting a person tire of performing an undesired behavior. In the case of addiction, this generally does
not work as the undesired action would be the administration of the drug or alcohol.
 Avoidance. Avoidance means teaching a person to avoid an unpleasant situation.
 Fear reduction. Fear reduction techniques can be very helpful managing phobias. It works in such that a
person is incrementally exposed to a stimulus that may induce fear at first. Eventually, the idea is that the
individual will grow comfortable or more relaxed in the presence of the once-feared stimulus.

In addition to these, behavior modification techniques can also work on schedules or intervals, in such that
certain responses are shaped to occur at different times or that particular reinforcers or punishments may be
administered at varying intervals in order to alter behavior. It should be noted that not all behavior modification
techniques will work with every individual, nor will every individual’s behavior warrant singular approaches. In
some cases, a combination of techniques may prove beneficial.

UNIT

7
EMOTIONAL AND
PSYCHOLOGICAL
Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s medical
history is recorded and properly documented by the Medical Specialist. Medical information and
mental status examinations are given to ascertain his overall physical / mental fitness and whether he
would be fit for work. This forms part of the diagnostic process which will eventually determine the
most appropriate rehabilitation program for the inmate.

The principal medical care of inmates is provided through a 500-bed capacity hospital at the New Bilibid
Prisons and at six (6) other mini-hospitals or clinics in the six (6) other prison and penal farms. All correctional
facilities have a full and competent staff of medical practitioners in charge of clinics, infirmaries and hospitals. These
centers are capable of minor surgical operations, laboratory examinations, radiology, psychiatric, rehabilitation and
dental treatment.

Other government and private hospitals are also tapped in the implementation of standards pertaining to
nutrition and protective health services for the prison community. Medical services also include a wide range of
counseling techniques and therapy programs which address the psychological problems of inmates, including suicidal
thoughts and feelings of rejection which may lead to disruption of peace and order within the prison compounds.
When an inmate’s ailment is beyond the competence of the in-house medical doctors, the inmate is referred to a
government hospital in accordance with prison rules and under proper security escorts.

PSYCHOLOGICAL AND EMOTIONAL TREATMENT

1. INDIVIDUAL AND GROUP PSYCHOTHERAPY. Psychological therapies provided in jails, prisons, or

forensic hospitals may include cognitive behavioral therapy (CBT, with or without criminal thinking curriculum) and
dialectical behavior therapy (DBT). CBT aims to build cognitive skills and replace distorted cognitions (self-
justificatory thinking, displacement of blame, schemas of dominance and entitlement) with noncriminal thought
patterns. DBT was originally designed to treat chronically parasuicidal women with borderline personality disorder,
but has been adapted to other populations, including offenders with severe mental illness. DBT combines traditional
combines the basic strategies of CBT with Eastern mindfulness practices

2. PSYCHOPHARMACOLOGIC THERAPIES. If a correctional facility houses inmates with SMI, antipsychotic,

antidepressant, and mood-stabilizing medications must be included in the medication formulary.Further, “all
correctional formulary policies must include a mechanism to access non-formulary medications on a case-by-case
basis to ensure access to appropriate treatment for serious mental illness.”However, special conditions in correctional
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facilities such as high rates of substance use disorders require that formularies limit or exclude medications that have
a high potential for misuse or abuse. In most correctional facilities, a psychiatrist and other mental health
professionals must be involved in the development of the institution’s formulary.

3. SPECIALIZED HOUSING. Includes self-contained mental health units for the care of inmates with SMI who are
unable to function in the general population.Specialized housing options may vary from facility to facility (e.g., jail to
prison or prison to prison), but include inpatient care, short-term crisis beds, and long-term residential units.

4. INTEGRATED DUAL DISORDERS TREATMENT (IDDT). The same treatment team treats both addiction
and SMI simultaneously. The substance abuse treatment is tailored to people with mental illness. Individuals are
taught how mental health and substance abuse disorders interact. This approach utilizes CBT.

5. TELEMEDICINE/TELEPSYCHIATRY. Telemedicine is becoming an increasingly common mode of

delivery for psychological/ and psychiatric services. Treatment is delivered by way of videoconferencing.

INTELLECTUAL AND
UNIT

SPIRITUAL
Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their faith, with
orderly conduct supervised by prison authorities. A religious guidance adviser or chaplain is assigned
in every prison and penal farm. The prison chaplain sets the stage for every regular spiritual activity.
He is an officer of the institution who oversees the operation of the prison chapel. He is not only the
spiritual leader but also a counselor and adviser. Prisoners may be baptized or given other sacraments. Religious
Volunteer Officers, or RVOs belonging to different church groups provide weekly religious activities ranging from
bible studies, devotions, prayer meetings or praise and worship. With a predominantly Roman Catholic prison
population, a Catholic Mass is a regular feature in spiritual activities of the prison communities. Restrictions,
however, are imposed if, in the course of religious activities, security is compromised or a program is too expensive.

UNIT

9 VOCATIONAL AND
SURVIVAL SKILLS
EDUCATION AND SKILLS TRAINING

Rehabilitation can be facilitated by improving an inmate’s academic and job skills. Records show
that many prisoners are poorly educated. A majority are elementary school drop outs or have not
even finished primary school. Prison education amounts to remedial schooling designed to prepare
inmates to obtain basic skills in reading, writing and mathematics.

In most correctional facilities, vocational programs are incorporated into job assignments and serve as on-
the-job training. The goal is to provide inmates with skills that will improve their eligibility for jobs upon release.
Most prison vocational training is geared toward traditional blue-collar employment in areas such as electronics, auto
mechanics and handicrafts. At the Reception and Diagnostic Center, a basic computer literacy course with typing as a
support course is available for inmates who have finished at least high school level.

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Vocational training and social education focus on job readiness. The concern in these areas is life skills. If
inmates are to reenter society and abstain from criminal activity, they must be employable and have the basic tools
necessary to function as responsible citizens.

The National Penitentiary has a college degree program and a tertiary degree correspondence course, in
addition to the regular secondary and compulsory basic literacy classes. Prisoners are strongly encouraged by the
BuCor authorities to enroll while serving their sentence and to advance their academic skills.

SPORTS AND RECREATION

The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor and outdoor sports
activities, programs, tournaments and leagues all year round, to include basketball, volleyball, billiards, table tennis
and chess. These sports competitions promote camaraderie among inmates, good sportsmanship and team-building.
The latest addition is the newly constructed indoor sports center/gymnasium at the Maximum Security Compound
which boasts of competition-standard flooring, sound system, locker rooms and bleachers.

All prison and penal farms have adequate recreational facilities for inmates, both for outdoor and indoor sports.
Mini-bodybuilding gyms are available in most prison facilities, including the Muntinlupa Juvenile Training Center
and the Therapeutic Community Center for inmates with drug cases.

For music lovers and musically-inclined inmates, numerous "videoke" centers are available. Musical instruments
are available for practice or for use in variety shows.

THERAPEUTIC COMMUNITY (TC) PROGRAM

The Therapeutic Community (TC) Program represents an effective, highly structured environment with
defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is accomplished by
re-shaping an individual’s behavior and attitudes through the inmates? community working together to help
themselves and each other, restoring self confidence, and preparing them for their re-integration into their families
and friends as productive members of the community.

Patterned after Daytop TC, New York which is the base of the Therapeutic Community movement in the
world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate rehabilitation. It
is implemented primarily but not limited to drug dependents.

The TC approach has been continuously proven worldwide as an effective treatment and rehabilitation
modality among drug dependents, and have been noted to be effective in many prisons. By immersing a drug
offender in the TC environment, he learns why he had developed his destructive habits, which led him to substance
abuse. The program modifies negative behavior and or attitudes while restoring self confidence, and prepares inmates
for their re-integration into their families and friends as productive members of the community. This behavioral
modification program gradually re-shapes or re-structures the inmate within a family-like environment, wherein
every member acts as his brother’s keeper.

As TC family members go on with their daily activities, a strong sense of responsibility and concern for each
other’s welfare are developed. They are constantly being monitored for their progress and are regularly being
evaluated by the TC-trained staff. The TC process allows for genuine introspection, cultivation of self-worth and
positive rationalization that move the individual towards assuming a greater sense of personal and moral
responsibility.

The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC approach
is in line with its commitment to create a Drug-Free Prison. Worldwide developments in the treatment and
rehabilitation of drug offenders using this therapeutic community approach have been noted to be effective in many
prisons.

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WORK AND LIVELIHOOD

The Bureau offers a variety of inmate work programs, from agricultural to industrial. The purpose of the
inmate work program is to keep the inmates busy, and to provide them money for their personal expenses and their
families as well as help them acquire livelihood skills, in order that they may become productive citizens once they
are released and assimilated back into the mainstream of society.

Different prison and penal farms provide institutional work programs for inmates. At the Davao Penal
Colony, inmates work on the banana plantations of Tagum Development Company (TADECO) which has a joint
venture agreement with the Bureau. Similarly, the vast tracts of land at the Iwahig Penal Colony are developed and
tilled by inmates to produce various agricultural products, thereby generating income for the Bureau. The Sablayan
Prison and Penal farm also provides agriculture and aquaculture programs for inmates.

Along this end, the Bureau under the present Director has encouraged agricultural and industrial production
by providing farming implements, tractors, fertilizers and other inputs in order to sustain this area of rehabilitation for
inmates

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