CA 3 (THERAPEUTIC MODALITIES)

(LAWS ON HUMAN RIGHTS)

GENERATION NATURE AND DEFINITION OF HUMAN RIGHTS
Human Rights
Those rights, which are inherent in our nature and without which, we cannot live as human
beings.
It allows us to develop and use our human qualities, intelligence, talents and consience and to
satisf our spiritual and other needs. Supree, inherent and inalienable rights to life, dignit, and self-
developent. The essence of these rights makes man human.
BASIC CHARACTERISTICS OF HUMAN RIGHTS:
1. Inherent- Not granted by any person or authority.
2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable-cannot be rightfully taken away from a free individual. Cannot be given away or be
forfeited.
4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a long
passage of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other rights have
already been enjoyed.
6. Universal-It applies irrespective of one’s origin, status, or condition or place where one lives.
Rights can be enforced without national border.
7. Interdependent- The fulfillment or exercise of one cannot be had without the realization of the
oth-+er.
Human Rights Principles:
The dignity of man and human life is inviolable. From the dignity of man is derived the right of
every person to free development of his personality. A legitimate state should exist to assure that in
the discharge of the governmental functions, the dignity that is the birthright of every human being is
duly safeguarded.
Classification of Rights:
1. Natural Rights- God-Given rights, acknowledged by everybody to be morally good.
Unwritten, but prevail as norms of the society.
2. Constitutional Rights-Conferred and protected by the constitution and which cannot be
modified or taken away by the law-making body.
3. Statutory Rights-Those rights which are provided by law promulgated b the law-aking
body. May be abolished by the body that create them.
Stages of Human Rights
1. Idealization- Notions about human rights start in the realm of ideas that reflect a
consciousness against oppression or inadequate performance of the State.
2. Positivization- Where the support for the ideas become strong, and thus incorporate them
into legal instruments.
3. Realization- When these rights are already being enoyed by the citizens by the transforation
of the social, economiic, and political order.
Three obligations of State Parties
1. Obligation to respect
Article 2 (1) of the ICCPR contain this obligation
Indicates that the negative character of civil and political rights, commanding the State
to refrain from restricting the exercise of these rights is not expressly allowed.
2. Obligation to ensure
Article 2 (1) of the ICCPR also encompasses this obligation, that State parties must be
procative to enable individuals to enoy their rights.
Article 2 (2) of the ICCPR points out that to provide for an effective remedy to victims of
human rights, it ust adopt executive, judicial and legislative measures.
 3. Obligation to protect- to prevent private individuals, groups or entities from enterfering with the
individual’s civil and political rights.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW
The 1987 Constitution-The Constitution itself is a source, and not only the Bill of Rights.
 The 1987 Constitution is the basic source of human rights law in the Philippines.
 As early as Biak na Bato, our forefathers are conscious about the rights of human
beings.
 A novel feature of the 1987 Constitution is the independent constitutional office of the
Commission of Human Rights the first national human rights commission in the world.
 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an
independent commission which investigates on human rights violations and establishes
programs of education and informmation to enhance respect for the primacy of human
rights.
This Constitution is sometimes called as “Human Rights Constitution”.
 The 1987 Constitution is the seventh Constitution drafted by Filipinos.
International Bill of Rights- U Thant, former Secretary General of the UN called the three (3)
documents and the Optional Protocol to the Covenant on Civil and Political Rights as “Magna Carta
for mankind” and is “the essentail prerequisite for peace at home and in the world.
Universal Declaration of Human Rights (UDHR)
 The Commission on Human Rights of the United Nations drafted the UDHR, while the United
Nations passsed it.
 The chairwoman was former first lady Eleanor Roosevelt.
 The declaration was adopted by 48 votes in favor, none against and eight abstentions.
 Carlos Romulo was also there during the drafting of the CHR of the UN.
 The Preamble to the UDHR refers to the concepts of inherent human dignity and one
inalienable nature of human rights. It also called for inter-cultural consensus by indicating that
a common understanding of the rights and freedoms is to achieve promotion of universal
respect for and observance of human rights and fundamental freedoms.
 The UDHR is the first internationally adopted catalogue of human rights.
 Mary Robinson, former High Commissioner for Human Rights, said that the common language
of humanity, the language of human rights, is enshrined in the UDHR.
International Covenant on Civil and Political Rights (ICCPR)
 Adopted unanimously by 106 States and entere into force in 1976
International Covenant on Economic, Social and Cultural Rights
CIVIL AND POLITICAL RIGHTS
Bill of Rights in the 19887 Constitution
The Bill of Rights is a regular fixture in all Philippine Constitutions, except in the Biak na Bato
Constitution of 1897.
1935 Constitution, 1973 Constitution, 196 Freedom Constitution
-Bill of Rights
194 Constitution-Duties and Rights of the Citizens.
1899 Malolos Constitution-The Filipinos and their National and Individual Rights.
Bill of Rights- An enumeration of civil and political rights that are self-executing. It also serves as a
restriction upon the powers of the State in order to preserve constitutional harmony and stability.
 Father Joaquin Bernas, SJ- The Bill of Rights is to declare some forbidden zones in the
private sphere inaccessible to any power
The provisions in the Bill of Rights can be classified into four (4) types

(1) The completely new provisions,

 Section 12(4), 18(1), 19
(2) The old provisions that contain amendments by addition.
  Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13, 19(1)
(3) The old provisions where words and phrases were amende by deletion.
 Section 2, 15
(4) The old provisions that remained intact.
 Section 1, 3(1), 5, 9, 10, 20, 21, 2

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
- this is the fruit of the negotiations of the government and the rebels.

 The first substantive agreement signed by the Negotiating Panels of the Government of the
Philippines in the Hague, Netherlands.
 This comprehensive agreement consists of seven (7) parts.
 The Preamble - introduces the Agreement and articulates the reasons for and the intention
of the parties.
 Declaration of Principles
 Bases, Scope, and Applicability
 Respect for Human Rights
 Respect for International Humanitarian Law
 Joint Monitoring Committee
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
Custodial Rights of a Person
Section 12, Article Ill of the 1987 Constitution
Sec 12 (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Custodial Investigation is any questioning by law enforcement after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the commission of an
offense. It begins when a person has been arrested and brought to the custody of law enforcers in
which suspicion is focused on him in particular and questions are asked from him (the suspect) to
elicit admissions or information on the commission of an offense.
What is the Miranda Doctrine?
The Miranda Doctrine means that prior to questioning during custodial investigation, the
person must be warned that he has the right to remain silent, that any statement he gives may be
used as evidence against him, and that he has the right to the presence of an attorney, either
retained or appointed.
The name comes from the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in which the US
Supreme Court laid down the principle of custodial rights of an accused. It held, thus:

"Our holding will be spelled out with some specificity in the pages which follow, but, briefly stated, it is
this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from
custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards
effective to secure the privilege against self-incrimination. By custodial investigation, we mean
questioning initiated by law enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way. As for the procedural safeguards to
be employed, unless other fully effective means are devised to inform accused persons of their right
of silence and to assure a continuous opportunity to exercise it, the following measures are required:
Prior to any questioning, the person must be warned that he has the right to remain silent, that any
statement he does make may be used as evidence against him, and that he has a right to the
presence of an attomey, either retained or appointed. The defendant may waive effectuation of these
rights, provided the waiver is made voluntarily knowingly and intelligently. If, however, he indicates in
any manner and at any stage of the process that he wishes to consult with an attorney before
speaking, there can be no questioning. Likewise, if the individual is alone and indicates in any manner
that he does not wish to be interrogated, the police may not question him. The mere fact that he may
have answered some questions or volunteered some statements on his own does not deprive him of
the right to refrain from answering any further inquiries until he has consulted with an attorney and
thereafter consents to be questioned."
What are the rights of a person during custodial investigation?
The right to be informed of his rights
- i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This carries
the correlative obligation on the part of the investigator to explain and contemplates effective
communication which results in the subject understanding what is conveyed.
The right to remain silent and to be reminded that anything he says can and will be used
against him
- This refers not only to verbal confessions but also to acts. However, mechanical acts that does not
require the use of intelligence (such as providing DNA samples) or to answers to general questions
are not protected under this right.
The right to an attorney or to counsel, preferably of his own choice; if not, one will be
provided for him
- This right is absolute and applies even if the accused himself is a lawyer. The right is more
particularly the right to independent and competent. An independent counsel is one not hampered
with any conflicts of interest, and a competent counsel is one who is vigilant in protecting the rights of
an accused.
Right against torture, force, violence, threat, intimidation or any other means which vitiate the
free will of the person
Right against secret detention places, solitary, incommunicado, or other similar forms of
detention
Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the Exclusionary
Rule, ie, it is excluded from the evidence to be considered by the court during trial. Such confession
or admission is tainted and must be suppressed under the "Fruit of the Poisonous Tree" Doctrine.
Republic Act No. 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Section 1. Statement of Policy. It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation;
Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted
by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation if such person cannot
afford the services of his own counsel he must be provided with a competent and independent
counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or detained does
not know how to read and write, it shall be read and adequately explained to him by his counsel or by
the assisting counsel provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and void and of no
effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the municipal judge. district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding. (e) Any waiver by a person arrested or detained under
the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null
and void and of no effect. (f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family shall include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.
As used in this Act "custodial investigation" shall include the practice of issuing an invitation to a
person who is investigated in connection with an offense he is suspected to have committed without
prejudice to the liability of the "inviting officer for any violation of law. Section 3. Assisting Counsel.-
Assisting counsel is any lawyer, except those directly affected by the case, those charged with
conducting preliminary investigation or those charged with the prosecution of crimes. The assisting
counsel other than the government lawyers shall be entitled to the following fees; (a) The amount of
One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies, (b) The
amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or
grave felonies; (c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense. The fee for the assisting counsel shall be paid by the city or
municipality where the custodial investigation is conducted, provided that if the municipality of city
cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal or City Treasurer must certify that no funds are available to pay the fees of
assisting counsel before the province pays said fees. In the absence of any lawyer, no custodial
investigation shall be conducted and the suspected person can only be detained by the investigating
officer in accordance with the provisions of Article 125 of the Revised Penal Code. Section 4. Penalty
Clause. (a) Any arresting public officer or employee, or any investigating officer, who fails to inform
any person arrested, detained or under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand
pesos (P6,000.00) or a penalty of imprisonment of not less than eight years but not more than ten
(10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense. The same penalties shall
be imposed upon a public officer or employee, or anyone acting upon orders of such investigating
officer or in his place, who fails to provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel. (b) Any person who obstructs, prevents or prohibits
any lawyer any member of the immediate family of a person arrested detained or under custodial
investigation, or any medica doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, from visiting and conferring privately with him, or from
examining and treating him, or from ministering to his spiritual needs at any hour of the day or, in
urgent cases, of the night shal suffer the penalty of imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1@ The provisions of
the above Section notwithstanding, any security officer with custodial responsibility over any detainee
or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape.
RULES OF GENERAL APPLICATION
Rule 1 All prisoners shall be treated with the respect due to their inherent dignity and value as
human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture
and other cruel, inhuman or degrading treatment or punishment. for which no circumstances
whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service
providers and visitors shall be ensured at all times.
Rule 2 1. The present rules shall be applied impartially. There shall be no discrimination on the
grounds of race, color, sex, language, religion, political or other opinion, national or social origin,
property birth or any other status The religious beliefs and moral precepts of prisoners shall be
respected.
Rule 3 Imprisonment and other measures that result in cutting off persons from the outside world are
afflictive by the very fact of taking from these persons the right of self-determination by depriving them
of their liberty.
Rule 4 The purposes of a sentence of imprisonment or similar measures deprivative of a person's
liberty are primarily to protect society against crime and to reduce recidivism. Those purposes can be
achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration of
such persons into society upon release so that they can lead a law-abiding and self-supporting life.
Rule 5 The prison regime should seek to minimize any differences between prison life and life at
liberty that tend to lessen the responsibility of the prisoners or the respect due to their dignity as
human beings.
Prisoner File Management
Rule 6 There shall be a standardized prisoner file management system in every place where persons
are imprisoned. Such a system may be an electronic database of records or a registration book with
numbered and signed pages. Procedures shall be in place to ensure a secure audit trail and to
prevent unauthorized access to or modification of any information contained in the system.
Rule 7 No person shall be received in a prison without a valid commitment order.
Rule 8 Prisoner's personal information shall be entered in the prisoner file management system in
the course of imprisonment.
Rule 9 All records referred to in rules 7 and 8 shall be kept .confidential and made available only to
those whose professional responsibilities require access to such records. Every prisoner shall be
granted access to the records pertaining to him or her, subject to redactions authorized under
domestic legislation, and shall be entitled to receive an official copy of such records upon his or her
release.
Rule 10 Prisoner file management systems shall also be used to generate reliable data about trends
relating to and characteristics of the prison population, including occupancy rates, in order to create a
basis for evidence-based decision-making.
Separation of Categories
Rule 11 The different categories of prisoners shall be kept in separate institutions or parts of
institutions, taking account of their sex, age, criminal record, the legal reason for their detention and
the necessities of their treatment.
Accommodation
Rule 12 Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy
by night a cell or room by himself or herself. If for special reasons, such as temporary overcrowding it
becomes necessary for the central prison administration to make an exception to this rule, it is not
desirable to have two prisoners in a cell or room.
Rule 13 All accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health, due regard being paid to climatic conditions
and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
Rule 14 In all places where prisoners are required to live or work: (a) The windows shall be large
enough to enable the prisoners to read or work by natural light and shall be so constructed that they
can allow the entrance of fresh air whether or not there is artificial ventilation; (b) Artificial light shall
be provided sufficient for the prisoners to read or work without injury to eyesight.
Rule 15 The sanitary installations shall be adequate to enable every prisoner to comply with the
needs of nature when necessary and in a clean and decent manner.
Rule 16 Adequate bathing and shower installations shall be provided so that every prisoner can, and
may be required to, have a bath or shower, at a temperature suitable to the climate, as frequently as
necessary for general hygiene according to season and geographical region, but at least once a week
in a temperate climate.
Rule 17 All parts of a prison regularly used by prisoners shall be properly maintained and kept
scrupulously clean at all times.
Personal Hygiene
Rule 18 Prisoners shall be required to keep their persons clean, and to this end they shall be
provided with water and with such toilet articles as are necessary for health and cleanliness.
Clothing and Bedding
Rule 19 1. Every prisoner who is not allowed to wear his or her own clothing shall be provided with an
outfit of clothing suitable for the climate and adequate to keep him or her in good health. Such
clothing shall in no manner be degrading or humiliating.
Rule 20 If prisoners are allowed to wear their own clothing, arrangements shall be made on their
admission to the prison to ensure that it shall be clean and fit for use.
Rule 21 Every prisoner shall, in accordance with local or national standards, be provided with a
separate bed and with separate and sufficient bedding which shall be clean when issued, kept in
good order and changed often enough to ensure its cleanliness.
Food
Rule 22 1. Every prisoner shall be provided by the prison administration at the usual hours with food
of nutritional value adequate for health and strength, of wholesome quality and well prepared and
served. 2. Drinking water shall be available to every prisoner whenever he or she needs it. Exercise
and sport
Rule 23 1. Every prisoner who is not employed in outdoor work shall have at least one hour of
suitable exercise in the open air daily if the weather permits. 2. Young prisoners, and others of
suitable age and physique, shall receive physical and recreational training during the period of
exercise. To this end, space, installations and equipment should be provided.
Health-Care Services
Rule 24 The provision of health care for prisoners is a State responsibility. Prisoners should enjoy
the same standards of health care that are available in the community, and should have access to
necessary health-care services free of charge without discrimination on the grounds of their legal
status.
Restrictions, Discipline and Sanctions
Rule 36 Discipline and order shall be maintained with no more restriction than is necessary to ensure
safe custody, the secure operation of the prison and a well ordered community life.
Instruments of Restraint
Rule 47 The use of chains, irons or other instruments of restraint which are inherently degrading or
painful shall be prohibited.
Searches of Prisoners and Cells
Rule 50 The laws and regulations governing searches of prisoners and cells shall be in accordance
with obligations under international law and shall take into account international standards and norms,
keeping in mind the need to ensure security in the prison. Searches shall be conducted in a manner
that is respectful of the inherent human dignity and privacy of the individual being searched, as well
as the principles of proportionality, legality and necessity.
Information to and complaints by prisoners
Rule 54 Upon admission, every prisoner shall be promptly provided with written information about: (a)
The prison law and applicable prison regulations; (b) His or her rights, including authorized methods
of seeking information, access to legal advice, including through legal aid schemes, and procedures
for making requests or complaints, (c) His or her obligations, including applicable disciplinary
sanctions; and (d) All other matters necessary to enable the prisoner to adapt himself or herself to the
life of the prison.
Contact with the outside world
Rule 58 1. Prisoners shall be allowed, under necessary supervision, to communicate with their family
and friends at regular intervals: (a) By corresponding in writing and using, where available,
telecommunication, electronic, digital and other means; and (b) By receiving visits.
Books
Rule 64 Every prison shall have a library for the use of all categories of prisoners, adequately stocked
with both recreational and instructional books, and prisoners shall be encouraged to make full use of
it.
Religion
Rule 65 1. If the prison contains a sufficient number of prisoners of the same religion, a qualified
representative of that religion. shall be appointed or approved. If the number of prisoners justifies it
and conditions permit, the arrangement should be on a full-time basis.

Retention of prisoners' property

Rule 67 1. All money, valuables, clothing and other effects belonging to a prisoner which he or she is
not allowed to retain under the prison regulations shall on his or her admission to the prison be placed
in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep
them in good condition.
Notifications
Rule 68 Every prisoner shall have the right, and shall be given the ability and means, to inform
immediately his or her family, or any other person designated as a contact person, about his or her
imprisonment, about his or her transfer to another institution and about any serious illness or injury.
The sharing of prisoners’ personal information shall be subjected to domestic legislation.
Investigations
Rule 71
1. Notwithstanding the inittiation of an internal investigation the prison director shall report,
without delay any custodial death, disappearance or serious injury to a judicial or other
competent authority that is independent of the prison administration and mandated to conduct
prompt, impartial and effective investigtaions into the circumstances and causes of such
cases. The prison administration shall fuly cooperate with the authority and ensure that all
evidence is preserved.
Removal of Prisoners
Rule 73
1. When prisoners are being removed to or from an institution they shall be exposed to public
view as little as possible and proper safeguards shall be adopted to protect them from
insult, curiosity and publicity in any form.
2. The transport of prisoners in conveyances with inadequate ventilation or light, or in any way
which would subject them unnecessary physical hardships, shall be prohibited.
3. The transport of prisoners shall be carried out at the expense of the prison administration
and equal conditions shall apply to all of them.
Institutional Personnel
Rule 74
1. The prison administration shall provide for the careful selection of every grade of the
personnel, since it is on their integrity, humanity, professional capacity and personal suitablity
for the work that the proper administration of prisons depends.
Internal and External Inspections
Rule 83
1. There shall be a twofold system for regular inspections of prisons and penal services:
(a) Internal or administrative inspections conducted by the central prison administration;
(b) External inspections conducted by a body independent of the prison administration, which may
include competent international or regional bodies.
2. In both cases, the objective of the inspections shall be to ensure that prisons are managed in
accordance with existing laws, regulations, policies and procedures, with a view to bringing about the
objectives of penal and corrections services, and that the rights of prisoners are protected.
RULES APPLICABLE TO SPECIAL CATEGORIES
A. Prisoners under sentence Guiding Principles
Rule 86 The guiding principles hereafter are intended to show the spirit in which penal
institutions should be administered and the purposes at which they should aim, in accordance
with the declaration made under preliminary observation 1 of these rules.

Treatment

Rule 91 The treatment of persons sentenced to imprisonment or a similar measure shall have
as its purpose, so far as the length of the sentence permits, to establish in them the will to lead
law abiding and self-supporting lives after their release and to fit them to do so. The treatment
shall be such as will encourage their self respect and develop their sense of responsibility.

Classification and Individualization

Rule 93
1. The purposes of classification shall be:
(a) To separate from others those prisoners who, by reason of their criminal records or
characters, are likely to exercise a bad influence;

(b) To divide the prisoners into classes in order to facilitate their treatment with a view to their
social rehabilitation.

2. So far as possible, separate prisons or separate sections of a prison shall be used for the
treatment of different classes of prisoners

Privileges
Rule 95 Systems of privileges appropriate for the different classes of prisoners and the
different methods of treatment shall be established at every prison, in order to encourage good
conduct develop a sense of responsibility and secure the interest and cooperation of prisoners
in their treatment.

Work

Rule 96

1. Sentenced prisoners shall have the opportunity to work and/ or to actively participate in
their rehabilitation, subject to a determination of physical and mental fitness by a physician
or other qualified health-care professionals.
Education and Recreation
Rule 104
1. Provision shall be made for the further education of all prisoners capable of profiting
thereby, including religious instruction in the countries where this is possible. The education
of illiterate prisoners and of young prisoners shall be compulsory and special attention shall
be paid to it by the prison administration.
Social Relations and Aftercare
Rule 106 Special attention shall be paid to the maintenance and improvement of such relations
between a prisoner and his or her family as are desirable in the best interests of both.
B. Prisoners with Mental Disabilities and/or Health Conditions

Rule 109
1. Persons who are found to be not criminally responsible, or who are later diagnosed with severe
mental disabilities and or health conditions, for whom staying in prison would mean an
exacerbation of their condition, shall not be detained in prisons, and arrangements shall be made
to transfer them to mental health facilities as soon as possible.
C. Prisoners Under Arrest or Awaiting Trial
Rule 111
 1. Persons arrested or imprisoned by reason of a criminal charge against them, who are detained
either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will
be referred to as "untried prisoners hereinafter in these rules.
2. Unconvicted prisoners are presumed to be innocent and shall be treated as such.
3. Without prejudice to legal rules for the protection of individual liberty or prescribing the
procedure to be observed in respect of untried prisoners, these prisoners shall benefit from a
special regime which is described in the following rules in its essential requirements only.

D. Civil Prisoners
Rule 121 In countries where the law permits imprisonment for debt, or by order of a court under
any other non-criminal process, persons so imprisoned shall not be subjected to any greater
restriction or severity than is necessary to ensure safe custody and good order. Their treatment
shall be not less favourable than that of untried prisoners, with the reservation, however, that they
may possibly be required to work.
E. Persons Arrested or Detained Without Charge
Rule 122 Without prejudice to the provisions of article 9 of the International Covenant on Civil and
Political Rights, persons arrested or imprisoned without charge shall be accorded the same
protection as that accorded under part I and part II, section C. of these rules. Relevant provisions
of part II, section A, of these rules shall likewise be applicable where their application may be
conducive to the benefit of this special group of persons in custody, provided that no measures
shall be taken implying that re-education or rehabilitation is in any way appropriate to persons not
convicted of any criminal offence.

PUNISHMENT AND DIFFERENT FORMS OF HUMAN RIGHTS VIOLATION

Punishment
Is the infliction of some kind of pain or loss upon a person for a misdeed (ie., the transgression
of a law or command). Punishment may take forms ranging from capital punishment, flogging, force
labor, and mutilation of the body to imprisonment and fines. Deferred punishments consist of
penalties that are imposed only if an offense is repeated within a specified time. In some premodern
societies, punishment was largely vindictive or retributive, and its prosecution was left to the
individuals wronged (or to their families). In quantity and quality such punishment bore no special
relation to the character or gravity of the offense.
The Purposes of Punishment Punishment has five recognized purposes:
1. deterrence.
2. incapacitation,
3. rehabilitation,
4. retribution,
5. restitution.
Specific and General Deterrence
Deterrence
Deterrence prevents future crime by frightening the defendant or the public. The two types of
deterrence are specific and general deterrence. Specific deterrence applies to an individual
defendant. When the government punishes an individual defendant, he or she is theoretically less
likely to commit another crime because of fear of another similar or worse punishment. General
deterrence applies to the public at large. When the public learns of an individual defendant's
punishment, the public is theoretically less likely to commit a crime because of fear of the punishment
the defendant experienced. When the public learns, for example, that an individual defendant was
severely punished by a sentence of life in prison or the death penalty, this knowledge can inspire a
deep fear of criminal prosecution.
Incapacitation
 Incapacitation prevents future crime by removing the defendant from society. Examples of
incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant's behavior. Examples of rehabilitation
include educational and vocational programs, treatment center placement and counseling. The court
can combine rehabilitation with incarceration or with probation or parole. In some states, for example,
nonviolent drug offenders must participate in rehabilitation in combination with probation, rather than
submitting to incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while
lowering recidivism, which means reoffending.
Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the form of
assault, battery, and criminal homicide, for example) against the defendant. When victims or society
discover that the defendant has been adequately punished for a crime, they achieve a certain
satisfaction that our criminal procedure is working effectively, which enhances faith in law
enforcement and our government.
Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when the court
orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages
award. Restitution can be for physical injuries, loss of property or money, and rarely, emotional
distress. It can also be a fine that covers some of the costs of the criminal prosecution and
punishment.
 Specific deterrence prevents crime by frightening individual defendant with punishment.
General deterrence prevents crime by frightening the public with the punishment of an
individual defendant.
 Incapacitation prevents crime by removing a defendant from society
 Rehabilitation prevents crime by altering a defendant's behavior.
 Retribution prevents crime by giving victims or society a feeling of avengement.
 Restitution prevents crime by punishing the defendant financially.
What Are Human Rights Violations?
The Universal Declaration of Human Rights (UDHR) was established in response to the atrocities
during WWII, including the Holocaust. The document outlines the human rights that all people are
entitled to such as freedom from torture, freedom of expression, and the right to seek asylum. When
those rights aren't protected or blatantly disregarded, they are violated. What are the types of human
rights violations? Who is responsible for preventing and addressing them?
Definition and Types of Human Rights Violations
A state commits human rights violations either directly or indirectly.
Violations can either be intentionally performed by the state and or come as a result of the
state failing to prevent the violation. When a state engages in human rights violations, various actors
can be involved such as police, judges, prosecutors, government officials, and more. The violation
can be physically violent in nature, such as police brutality, while rights such as the right to a fair trial
can also be violated, where no physical violence is involved.
The second type of violation - failure by the state to protect - occurs when there's a conflict
between individuals or groups within a society. If the state does nothing to intervene and protect
vulnerable people and groups, it's participating in the violations. In the United States, the state failed
to protect black Americans when lynchings frequently occurred around the country. Since many of
those responsible for the lynchings were also state actors (like the police), this is an example of both
types of violations occurring at the same time.
Examples of Human Rights Violations
Civil and Political Rights
Civil and political rights are violated through genocide, torture, and arbitrary arrest. These
violations often happen during, times of war, and when a human rights violation intersects with the
breaking of laws about armed conflict, it's known as a war crime.
 Conflict can also trigger violations of the right to freedom of expression and the right of
peaceful assembly. States are usually responsible for the violations as they attempt to maintain
control and push down rebellious societal forces. Suppressing political rights is a common tactic for
many governments during times of civil unrest.
Violations of civil and political human rights aren't always linked to specific conflicts and can
occur at any given time. Human trafficking is currently one of the largest issues on a global scale as
millions of men, women, and children are forced into labor and sexual exploitation. Religious
discrimination is also very common in many places around the world. These violations often occur
because the state is failing to protect vulnerable groups.
Economic, Social, and Cultural Rights
As described in the UDHR, economic, social, and cultural rights include the right to work, the
right to education, and the right to physical and mental health. As is the case with all human rights,
economic, social, and cultural rights can be violated by states and other actors. The United Nations
Office of the High Commissioner for Human Rights gives a handful of examples of how these rights
can be violated. They include:
Contaminating water, for example, with waste from State owned facilities (the right to health)
Evicting people by force from their homes (the right to adequate housing) health)
Denying services and information about health (the right to health)
Discriminating at work based on traits like race, gender, and sexual orientation (The right to
work)
Failing to provide maternity leave (protection of and assistance to the family)
Not paying a sufficient minimum wage (rights at work)
Segregating students based on disabilities (the right to education)
Forbidding the use of minority/indigenous languages (the right to participate in cultural life)
Who is ultimately responsible for ensuring human rights violations don't happen?
In human rights treaties, states bear the primary burden of responsibility for protecting and
encouraging human rights. When a government ratifies a treaty, they have a three-fold obligation.
They must respect, protect, and fulfill human rights. When violations June 2022 occur, it's the
government's job to intervene and prosecute those responsible. The government must hold everyone
(and itself) accountable.
This doesn't mean that members of civil society don't also have a responsibility to prevent
human rights violations, Businesses and institutions must comply with discrimination laws and
promote equality, while every individual should respect the rights of others. When governments are
violating human rights either directly or indirectly, civil society should hold them accountable and
speak out. The international community also has an obligation to monitor governments and their track
records with human rights. Violations occur all the time, but they should always be called out.
Basic Principles for the Treatment of Prisoners
Adopted and proclaimed by General Assembly Resolution 45/111 of 14 December 1990
1. All prisoners shall be treated with the respect due to their inherent dignity and value as
human beings.
2. There shall be no discrimination on the grounds of race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to
which prisoners belong whenever local conditions so require.
4. The responsibility of prisons for the custody of prisoners and for the protection of society
against crime shall be discharged in keeping with a State's other social objectives and its fundamental
responsibilities for promoting the well being and development of all members of society.
5. Except for those limitations that are demonstrably necessitated by the fact of incarceration,
all prisoners shall retain the human rights and fundamental freedoms set out in the Universal
Declaration of Human Rights, and, where the State concerned is a party, the International Covenant
on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights
and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations
covenants.
6.All prisoners shall have the right to take part in cultural activities education at the full
development the human personality.
7.Efforts addressed the abolition solitary confinement punishment, or the restriction its use, should
be encouraged.
8. Conditions be created enabling prisoners undertake meaningful remunerated employment will
facilitate reintegration the country's market and permit contribute own financial and to that their
families.
9. Prisoners have access to the health services available the country without discrimination the
grounds their legal situation.
10. With the participation help of the community social institutions, with due regard the interests
victims, favorable conditions shall created the reintegration the ex-prisoner the best possible
conditions.
11. The above principles be applied impartially.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

Learning Objectives
At the end of the chapter students will be able to:
1. Enlighten on the concept of victims' compensation program.
2. Gain wisdom on the importance of Protection of Victims and Witnesses.
3. Understand and comprehend the significance of the Restorative Justice.
Victims Compensation Program
What is the law creating the Board of Claims?
Republic Act No. 7309 is the law creating the Board of Claims under the Department of Justice
granting compensation for victims of unjust imprisonment or detention and victims of violent
crimes.
What is the rationale for the enactment of the law?
One of the more vexing problems in the area of justice and human rights is the implementation
of the constitutional provision against the deprivation of life, liberty and property without due
process of law. Persons have been accused and imprisoned for crimes 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?
1. A person who was unjustly accused convicted and imprisoned and subsequently released
by virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised
Penal Code under a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offenses committed
with malice which resulted in death or serious physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or
barbarity.
When should a claim be filed?
The claim should be filed with the Board by the person entitled to compensation under this Act
within six (6) months after being released from imprisonment or detention or from the date he
suffered damage or injury. Otherwise he is deemed to have waived his claim.
How is a claim filed?
A claimant may file a claim with the board by filling up an application form provided for the
purpose with the Secretariat of the Board of Claims. Department of Justice. Thereafter, he will be
interviewed and he will be duly notified of the action taken by the Board.
How much is given to a qualified applicant?
1. For the victims of unjust imprisonment, the compensation shall be based on the number of
months of imprisonment and every fraction thereof shall be considered one month, but in no case
shall such compensation exceed ONE THOUSAND PESOS (P1,000.00) per month.
2. In all other cases the maximum for which the Board may approved a claim shall not exceed
TEN THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse the claimant the
expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other
expenses directly related to the injury, whichever is lower to be determined by the Board.
May the decision of the Board of Claims be appealed?
Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15) days from
receipt of the resolution of the Board, to the Secretary of Justice whose decision shall be final and
executory.
" Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other
Crimes Against Humanity.
Chapter VI Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in
Philippine law for the protection of victims and witnesses, the following measures shall be
undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical and
physiological well-being dignity and privacy of victims and witnesses. In so doing, the court
shall have regard of all relevant factors, including age, gender and health, and the nature of
the crime, in particular but not limited to, where the crime involves sexual or gender violence or
violence against children. The prosecutor shall take such measures particularly during the
investigation and prosecution of such crimes. These measures shall not be prejudicial to or
inconsistent with the rights of the accused and to a fair and impartial trial;
 (b) As an exception to the general principle of public hearings, the court may, to protect the victims
and witnesses or an accused, conduct any part of the proceedings in camera or allow the
presentation of evidence by electronic or other special means. In particular, such measures shall
be implemented in the case of the victim of sexual violence or a child who is a victim or is a
witness, unless otherwise ordered by the court, having regard to all the circumstances, particularly
the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be
appropriate by the court in manner which is not prejudicial to or inconsistent with the rights of the
accused and a fair and impartial trial. Such views and concerns may be presented by the legal
representatives of the victims where the court considers it appropriate in accordance with the
established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave
endangerment of the security of a witness for his/her family, the prosecution may for the purposes
of any proceedings conducted prior to the commencement of the trial, withhold such evidence of
information and instead submit a summary thereof. Such measures shall be exercised in a
manner which is not prejudicial to or inconsistent with the rights of the accused and to a fair and
impartial trial.
Rome Statute
Article 68 Protection of the Victims and Witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-
being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all
relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature
of the crime, particular, but not limited to, where the crime involves sexual or gender violence or
violence against children. The Prosecutor shall take such measures particularly during the
investigation and prosecution of such crimes. These measures shall not be prejudicial to or
inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the
Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in
camera or allow the presentation of evidence by electronic or other special means. In particular, such
measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or
a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly
the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be appropriate
by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused
and a fair and impartial trial. Such views and concerns may be presented by the legal representatives
of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure
and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate
protective measures, security arrangements, counselling and assistance as referred to in article 43,
paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave
endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes
of any proceedings conducted prior to the commencement of the trial, withhold such evidence or
information and instead submit a summary thereof. Such measures shall be exercised in a manner
which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6 A State may make an application for necessary measures to be taken in respect of the protection of
its servants or agents and the protection of confidential or sensitive information.
Article 75 Reparations to Victims
1. The Court shall establish principles relating to reparations to or in respect of, victims, including
restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon
request or on its own motion in exceptional circumstances, determine the scope and extent of any
damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
 2. The Court may make an order directly against a convicted person specifying appropriate
reparations to, or in respect of victims, including restitution, compensation and rehabilitation. Where
appropriate, the Court may order that the award for reparations be made through the Trust Fund
provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of
representations from or on behalf of the convicted person, victims, other interested persons or
interested States.
4. In exercising its power under this article, the Court may. after a person is convicted of a crime
within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may
make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were
applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or
international law.
WHAT IS RESTORATIVE JUSTICE?
Restorative Justice is a process through which remorseful offenders accept responsibility for
their misconduct, particularly to 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 offense, which promote repair, reconciliation and reassurance.
Thus, the restorative justice process is the offender we offende is actively participated in my
participated in by the victim, and/or any individual or community member affected by the crime to
resolve conflicts resulting from the crimi criminal often with the help of a fair and impartial third party.
Examples of restorative process include mediation, conferencing, sentencing/ support circle and the
like. The restorative outcome is the agreement obtained as a product of a restorative justice process.
Examples of restorative outcomes include restitution, community work service and any other program
or response designed to accomplish reparation of the victim, and the reintegration of the victims
and/or offenders.
HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?
The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a
member-country, through a draft resolution, recommended to the Economic and Social Council of the
United Nations Organization (UNO), the adoption of the "Basic on the Use of Restorative Justice
Programs in Criminal Matters". The said document is a formulation of UN Standard in the field of
mediation and restorative justice. The Philippines, being a signatory member-country should ensure
adoption of this resolution.
Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the incidence of
recidivism. This is in line with the applicable laws, rules, and policies mandating this Agency to
administer the Parole and Probation System in the country. As such, the Parole and Probation
Administration (PPA) is empowered to create innovative policies, programs, and activities to facilitate
the reintegration of its clientele into the mainstream of society and consequently prevent the
commission of crime. Therefore, PPA adopts Restorative Justice as one of its rehabilitation programs
which utilizes restorative processes and aims to achieve restorative outcomes.
WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION
PROGRAM OF PPA?
Reintegration of the offenders to the social mainstream and encouraging them to assume
active responsibility for the injuries inflicted to the victims: Proactive involvement of the community to
support and assist in the rehabilitation of victims and offenders: Attention to the needs of the victims,
survivors and other persons affected by the crime as participating stakeholders in the criminal justice
system, rather than mere objects or passive recipients of services of intervention that may be
unwanted, inappropriate or ineffective; Healing the effects of the crime or wrongdoing suffered by the
respective stakeholders; and Prevention of further commission of crime and delinquency.
HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?
A. During the Investigation Stage
 Information such as victims' version of the offense, effect of victimization to their lives,
families, future, and plans, and victims appreciation on how the damage/harm inflicted by
the crime can be repaired and healed are gathered to serve as input in the post sentence
investigation (PSI) or pre-parole/executive clemency investigation (PPI) reports prepared
by the investigating officer to be submitted to the Court and the Board of Pardons and
Parole, respectively. These data are vital in the conduct of restorative justice processes
during the supervision phase. Soliciting stakeholders interest for their introduction to the
restorative process commences during this stage.

B. During the Supervision Stage

Restorative Justice Program is a part of the rehabilitation of the client which is

incorporated in the client's Supervision Treatment Plan (STP). In applying the various
restorative justice processes for the client's rehabilitation, the supervising officer observes
the following points.
The parties are brought within the program out of their own volition. Parties have the
right to seek legal advice before and after the restorative justice process; Before agreeing
to participate in the restorative justice process, the parties are fully informed of their nights,
the nature of the process, and the possible consequences of their decision; Neither the
victim nor the offender is induced by unfair means to participate in restorative justice
processes or outcomes: Discussion in restorative justice processes should be highly
confidential and should not be disclosed subsequently, except with the consent of the
parties, and should not be used against the parties involved: Where no agreement can be
made between the parties, the case is withdrawn from the restorative justice process; and
In the event agreement is reached by parties, it is put in writing to give substance/essence
to the agreement. The failure to implement any provision of the agreement made in the
course of the restorative justice process is a basis for the withdrawal of the case from the
program.

WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?

A Probation and Parole Officer assigned to handle investigation and supervision

caseloads acts as restorative justice planner. As such, he/she undertakes the following
responsibilities:

1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential case for Peacemaking Encounter;
2. Conduct dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community for
their participation in the conference.
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan;
and
6. Prepares case-notes reflective of restorative justice values and utilizing the following
points:
 Impact of crime and effect of victimization
 Victim inputs and involvement opportunities

 Offender opportunity to take direct responsibility for the harm inflicted on the victim
and/or the community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and
sets direction to realize success of the process.

WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING

THE RESTORATIVE JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING
FROM THE CRIMINAL OFFENSE?
 The clients must admit the offense to be eligible for the conference, and if possible,
they should be encouraged to take full responsibility:
A personal visit by the Restorative Justice planner may be necessary to solicit interest
and willingness of stakeholders to participate in the restorative process;
The victims' preference for the time, date and place of the meeting should be given
greatest weight;
Restorative Justice planners should also get in touch with community strengths to
serve as facilitator like local officials, members of the Lupon Tagapamayapa or any
responsible and respected personalities in the locality.
A pre-conference meeting with the selected facilitators prior to the actual conduct of
peace encounter conference should be set to carefully plan for all the details, from the
sitting arrangements and refreshments to the box of tissue papers which incidentally would
let participants know that display of emotions is okay;
A pre-conference meeting could likewise be arranged separately with individual
stakeholders to explain the process and other vital details of the conference;
The Restorative Justice planner should ensure that everyone knows how to get to the
location site of the conference;
Facilitators should ensure that the conference shall be conducted without interruption in
a comfortable location and shall secure the safety of all stakeholders;
Stakeholders shall also be consulted relative to the composition of the panel of
facilitators. Any party may move to oppose the inclusion of persons by reason of
relationship, bias, interest or other similar grounds that may adversely affect the process;
and
Indigenous system of settling differences or disputes shall accordingly be recognized
and utilized to conform with the customs and tradition of that particular cultural community.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE IN PPA?

Peacemaking Encounter

Peacemaking Encounter is a community-based gathering that brings the victim, the

victimized community, and the offender together. It supports the healing process of the
victims by providing a safe and controlled setting for them to meet and speak with the
offender on a confidential and strictly voluntary basis. It also allows the offender to learn
about the impact of the crime to the victim and his/her family, and to take direct
responsibility for his/her behavior Likewise, it provides a chance for the victim and the
offender to forge a mutually acceptable plan that addresses the harm caused by the crime.
As a community-based decision model, the Agency Peacemaking Encounter is being
implemented through the following processes:
1. Victim/Offender Mediation a process that provides an interested victim an
opportunity to meet face-to-face his/her offender in a secured and structured setting or
atmosphere, with the help of a trained mediator, and engage in a discussion of the past
offense and its impact to his/her life. Its goal is to support the healing process of the victim
and allow the offender to learn the impact of his/her offense on the victim's physical,
emotional and financial existence, and take direct responsibility for his/her behavior by
mutually developing a Restorative Justice plan that addresses the harm caused by the said
offense.
2. Conferencing - a process which involves community of people most affected by the
crime the victim and the offender and their families, the affected community members and
trained facilitators and community strength - in a restorative discussion of issues and
problems arising from an offense or coincidence which affects community relationship and
tranquility. Facilitated by a trained facilitator, the above parties are gathered at their own
volition to discuss how they and others have been harmed by the offense or conflict, and
how that harm may be repaired and broken relationship may be restored.
3. Circle of Support - a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAS) and selected members
of the community in the discussion of the offense and its impact. Within the circle, people
freely speak from the heart in a shared search for understanding the incident, and together
identify the steps necessary to assist in the reconciliation and healing of all affected parties
and prevent future crime or conflict.
 In the Agency, the circle of support is facilitated by trained Probation and Parole
Officers, Volunteer Probation Aides or selected community leaders who offered their
services free of charge to serve as facilitator or keeper.
In implementing this process, the probation and parole officer should be the facilitator
who is sensitive to the needs of the victim. Likewise, the probation and parole officer
should exert effort to protect the safety and interest of the victim.
WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED
UPON DURING THE RESTORATIVE JUSTICE PROCESS?
As a result of the restorative justice process, the following outcomes or interventions
may be agreed upon by parties in a Restorative Justice discussion, such as, but not limited
to:

A. Restitution
Restitution is a process upon which the offender accepts accountability for the financial
and/or non-financial losses he/she may have caused to the victim. Restitution is a
victim's right which is very crucial in assisting the redirection of the victim's life. Part of
the conditions of probation as imposed by the Court is the payment of civil liability to
indemnify the victim of the offender, and to inculcate to the offender a sense of
responsibility and obligation towards the community. Consequently, the probation and
parole officer should see to it that the offender complies with this condition.
B. Community Work Service
Community Work Service, whether imposed as a condition of offender's conditional
liberty or integral part of his treatment plan, should be purposely motivated to make
the offender realize that he/ she incurred an obligation to make things right. In its
application, the offender can be subjected to perform work service measures,
including, but not limited to any of the following:

Mentoring and Intergenerational Service-offenders will develop their nurturing needs

thru caring for other people; example: senior citizens, with orphanages, or with street
children.
Economic Development-to link directly with the business project examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration,
garbage and waste management, cleaning of esteros, recycling, construction, repair of
streets, and the like.
Citizenship and Civic participation-experiential activities which involve solving
community problems; examples: puppet shows that showcase values, street dramas, peer
counseling.
Helping the Disadvantaged - this will enhance offender's self esteem, examples:
assist handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
Crime Prevention Project - examples: Brgy. Ronda, giving testimony to the youth..

The probation and parole officer should ensure the adoption of these community work
services to facilitate the reintegration of the offender in the community.

C. Counseling (whether individual, group or family)

It will enhance client's interpersonal relationship and it will help him/her become
more aware of his/her shortcomings/weaknesses. This will also help him/her
overcome painful experiences that drove him/her to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
An intervention which provides recovering drug dependents or those with serious
behavioral problems an opportunity to discuss their problems.
G. Spiritual development session/faith-based session
H. Submission to psychological/psychiatric assessment
1. Submission to drug test/drug dependency examination
J. Attendance to skills training/livelihood assistance program
K. Marital enhancement program
L. Written or oral apology
M. Submission to family therapy session
 This session aims to develop healthy personal relationship: within the family and to
establish open positive communication between family members and significant others.
Family members should be oriented in their individual responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare

Republic Act No. 8505

February 13, 1998

AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,

ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE
AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR
OTHER PURPOSES

Section 1. Title. This Act shall be known as the "Rape Victim Assistance and
Protection Act of 1998."
Section 2. Declaration of Policy. It is hereby declared the policy of the State to provide
necessary assistance and protection for rape victims. Towards this end, the government
shall coordinate its various agencies and non-government organizations to work hand in
hand for the establishment and operation of a rape crisis center in every province and city
that shall assist and protect rape victims in the litigation of their cases and their recovery.
Section 3. Rape Crisis Center The Department of Social Welfare and Development
(DSWD), the Department of Health (DOH) the Department of the Interior and Local
Government (DILG) the Department of Justice (DOJ), and a lead non-government
organization (NGO) with proven track record or experience in handling sexual abuse
cases, shall establish in every province and city a rape crisis center located in a
government hospital or health clinic or in any other suitable place for the purpose of:
(a) Providing rape victims with psychological counselling. medical and health services,
including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the
filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for
the family of rape victims:
(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico legal officers, social workers, and barangay officials on
human rights and responsibilities; gender sensitivity and legal management of rape cases;
(g) Adopting and implementing programs for the recovery of rape victims.

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

It shall be the duty of the police officer or the examining physician, who must be of the
same gender as the offended party, to ensure that only persons expressly authorized by
the offended party shall be allowed inside the room where the investigation or medical or
physical examination is being conducted.
For this purpose, women's desk must be established in every police precinct throughout
the country to provide a police woman to conduct investigation of complaints of women
rape victims. In the same manner, the preliminary investigation proper or inquest of women
rape victims must be assigned to female prosecutor or prosecutors after the police shall
have endorsed all the pertinent papers thereof to the same office.
Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial
of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well
as the parties to the complaint shall recognize the right to privacy of the offended party and
the accused. Towards this end, the police officer, prosecutor, or the court to whom the
 complaint has been referred may, whenever necessary to ensure fair and impartial
proceedings, and after considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial and that the name and personal
circumstances of the offended party and/ or the accused, or any other information tending
to establish their identities, and such circumstances or information on the complaint shall
not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can
be conducted in a language or dialect known or familiar to them.

DIFFERENT THERAPEUTIC/TREATMENT MODELS

Learning Objecves
At the end of the chapter students will be able to:
1. Familiarize the different modalities in the treatment of offenders.
2. Acquaint on the concept of forgery and other similar fraudulent acts in documents.
3. Differentiate those different therapeutic/treatment models implemented by the PPA,
BJMP and BUCOR.

MODALITIES IN THE TREATMENT OFFENDERS IN PHILIPPINES

 Like many countries, the correctional system in Philippines has institution-based and
community-based component.
It also separate treatment systems for offenders and adult offenders. custodial care of
offenders handled by following:
1. The Bureau of Management Penology (BJMP) under Department Interior Local
Government (DILG) which over district, city municipal jails detention centers. These house
detainees awaiting judicial disposition of case offenders whose sentence range from one
(1) day to (3) years.
2. The provincial governments, which have supervision and control provincial jails .
These jails house court detainees and prisoners whose prison terms range from (6)
months one (1) day, three years.
3. The Bureau of (BUCOR) under Department of Justice (DOJ), over the national
penitentiary and penal farms, houses convicted offenders prison sentences ranging from
three (3) years and one (1) day, life imprisonment.

Youth offenders treated differently. offender defined as child nine years but below
eighteen years age the time of the of an offense. Under the country's laws, these youth
offenders are entitled to suspended sentence. Instead of serving their sentence, they are
rehabilitated regional youth rehabilitation which are managed supervised by the
Department of Social Welfare and Development (DSWD).
There are ten (10) rehabilitation centers for youth offenders one of which is a National
Training School Boys and the other. a National Training School Girls. Their stay the can be
shorter their sentence term, depending on how they respond to the rehabilitation process
therein.
The non-institutional treatment of adult offenders is managed primarily by the
Department of Justice (DOJ) through its Parole Probation Administration and the Board
Pardons. Probation for adult offenders available to those whose penalty of imprisonment
does not exceed matter of privilege and not of rights. Hence, the adult offender has to
apply for probation before the court upon conviction. This is also true for the parole system.

THERAPEUTIC COMMUNITY MODALITY BY PAROLE AND PROBATION

ADMINISTRATION (PPA)

WHAT IS TC?
The Therapeutic Community (TC) is environment helps people get help while helping
others. It treatment environment: the interactions its members are designed to be
therapeutic within context of the norms require each play dual role client-therapist. given
moment, one may be in client role when receiving help support from others because
problem behavior or when supporting another person in trouble.
HOW DOES TC LOOK LIKE?
The operation the community itself the task of the residents, working under supervision. Work
assignments, called "job functions" arranged in hierarchy, according to seniority. individual progress
and productivity. These include conducting house services, such as cooking, cleaning, minor
conducting meetings and peer encounter groups.
The TC operates in similar fashion to functional family with hierarchical structure older and
younger members. Each member has defined role and responsibilities for sustaining proper norms
that members upon commit live by and uphold.
WHAT ARE THE FEATURES OF TC?
1. The primary "therapist" and teacher is the community itself, consisting peers and staff,
of,who,as role. models of successful personal change, serve as guides in the recovery
process.
2. 2 TC adheres to precepts of right living: Truth/honesty Here and now, Personal
responsibility for destiny; Social responsibility (brother's keeper): Moral Code; Inner person
is "good" but behavior can be "bad"; Change is the only certainty: Work ethics; Self-
reliance; Psychological converges with philosophical (e.g. guilt kills)
3. It believes that TC is a place where: One can change unfold; the group can foster change;
individuals must take responsibility, structures must accommodate this; Act as if -go through
the motion.
 4. There are 5 distinct categories of activity that help promote the change:
Relational/Behavior Management
Affective/Emotional/Psychological
Cognitive/Intellectual
Spiritual
Psychomotor/Vocational-Survival Skills
THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
PHASES OF TREATMENT
TCMP in the BJMP set up is quite unique in the sense that inmates are in custody while
undergoing trial for their individual cases. Their length of stay is determined by how fast is the
disposition of their cases. The cases may be decided upon after a short period of time or may
last for years. Though the different phases of treatment is observed, it cannot be fully
implemented or may not be followed as scheduled due to the uniqueness of the status of the
residents.
Phase 1- Entry/Orientation Phase Once an inmate is committed to jail, he undergoes a
series of examination to determine his physical, social and psychological status. Upon his
commitment, a resident is placed on orientation at the Reception and Diagnostic room/
Orientation Room. In here, he is acquainted with the TC program:
The rules and norms of the community
TC concepts, written and unwritten philosophy
The staff and the members of the community
The tools of the house
Job functions and TC hierarchy
He is then assigned a static group and a big brother who will provide him with support
and will walk him through the orientation phase. At this phase, the resident is handled gently
and is expected to commit mistakes in the process of learning the program. Sanctions on
negative behavior are usually light with emphasis on teaching.
Phase II-Primary Treatment
After proper orientation on the different TC concepts and tools, the norms and rules of
the community and the staff members, the resident is now ready to undergo the treatment
proper. He becomes a part of the community starting as a crew member of the Housekeeping
department until he gradually ascends in the hierarchy. He must be knowledgeable on the
following:
 Proper use of the different tools to address personal issues and concerns and
shape behavior
 Managing own feelings and learning how to express self appropriately
 Learning how to follow the rules and norms of the community
 Maximize participation in activities that are appropriate to the resident's need for
growth.
 Learning how to trust the environment by disclosing self to the community and
develop insight in the process
 Developing positive coping skills to deal with difficult life situations .
 Enhancing educational and vocational skills to make him productive
 Improve social skills and recognize the importance of other
Phase III-Pre Re-entry
Under regular circumstances, the resident is expected: this stage to have internalized the TC
values and concept to start life afresh. However, in the jail setting where entry and release are not
within the jail control at residents may not have reached this phase of treatment before they even
leave the jail facility.
 Regardless of the resident's length of stay, he is expected to undergo this phase prior to
release into society. At this phase the resident is expected to have proven his ability to take on more
responsibility hence needs lesser supervision. He is considered a role model in the TC community.
He should focus on the following learning:
 Rebuilding of social and family ties
 Going up the ladder of hierarchy by showing leadership
 Realization of his full potential to be a productive member of society
 Mapping out of plans
Phase IV-Re-entry
In the ideal setting, a resident at this stage is now ready to be released back to society as he
has demonstrated adequate self-control and discipline. The inmate is now preparing for his life
outside of jail and is focused on making himself a productive citizen. He may start planning for job
hunting and rebuilding family ties and relationships.
In the jail setting, the residents will stay inside the jail until their cases are resolved or
they have been convicted and need to be remanded to the Bureau of Corrections.
The resident must focus on the following:
 Transition to life outside of jail.
 Creating a new lifestyle applying the tools and concept of TC.
 Learning positive coping skills to deal with day-to-day situations.
 Re-establishing and strengthening family ties and support group.
 Reintegration into the mainstream of society.
 Developing realistic and attainable goals in life.
Phase IV-Aftercare
Aftercare is an outpatient program that requires clients to report twice a week to an outreach
center. They are required to attend group sessions to ensure their adjustment to life outside jail to
reduce recidivism. For clients released from jail, they are referred to the Parole and Probation
Administration and Local Government Units for follow up and aftercare. The clients are focused on
the following:
 Maintaining positive behavior and prevent recidivism
 Strengthening coping mechanism
 Maintaining relationships and support mechanism
 Sustaining interest in job or vocation to maintain livelihood
 Integration into society
STANDARD PARAMETERS FOR JAIL TCMP
A. Physical Environment: .

 The internal and external environment is comfortable, clean and welcoming.

 TC Philosophy and unwritten philosophies are visibly posted around the facility.
 Hierarchical structure and daily activities are displayed.
 There is adequate space to hold activities and rooms for specific meetings that require
privacy.
 A clean and well-maintained kitchen that complies with the sanitary standards of BJMP.

 Provision of recreation areas both indoors and outdoors

 The dining area is equipped with enough tables and chairs to accommodate the
inmates.

 Adequate sanitary toilets and bathrooms that provide privacy to users.

 Adequate space for sleeping and habitation that respects the individual's personal
space.

B. TCMP Staff:
  The TCMP staff has undergone proper training on TCMP
 Presence of a permanent TCMP staff to supervise the program and conduct the various
activities
 The TCMP staff will not be transferred to other jails until properly covered by another TC
trained staff
 There is proper shift turn-over of TC trained staff on a daily basis .
 TCMP staff can be utilized to handle other tasks but puts priority to TCMP
 Regular meetings are held by staff to discuss progress issues and concerns about the
program
 All the jail staff are involved in the TCMP and are contributing members
 The staff works as a team in delivering services to inmates .
 The staff serves as role models and treats inmates with respect and dignity
 Incentives are given to TCMP staff in terms of awards and commendations
C. The Therapeutic Environment -The Inmates/ Residents:
 The residents treat each other with respect at all times regardless of age, religion,
cultural diversity, etc.
 The residents practice a culture of honesty and openness in discussing thoughts and
feelings, providing and receiving feedbacks
 Confidentiality is respected and practiced
 The residents are involved in decision making and planning in TCMP activities
 The participants of TCMP are change agents in bringing about transformation among
peers .
 The residents comply with the cardinal and house rules and serve as "watchdogs" for
their peers with the aim of correcting erring members
 Absence or minimal incidence of jail violence/disturbance
 The residents respect the hierarchy and chain of command.
Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole
community and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine
National Anthem and the recitation of the TC Philosophy.
Therapeutic Community Program by the Bureau of Corrections (BUCOR)
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.
 The TC program of the Bureau of Corrections helps persons deprived of liberty to become
productive citizen by offering various livelihood programs that provides skills and trainings.

BEHAVIORAL MANAGEMENT
INTRODUCTION
The Behavior Management is a component of Therapeutic Community Modality Program (TCMP) that
introduces the concept and mechanics of the various shaping tools to include Morning Meeting in
order to facilitate the management of and shape the behavior of the residents. This shows the
essential elements and significance of the tools which would provide the community common
language, increase cohesiveness and adapt to the moral and behavioral code of the tools application.
The behavior shaping tools are ordered in hierarchy to provide enough room for personal growth and
learning. The community serves as a dynamic force that motivates the individual to achieve positive
behavior change.
Figure 1. Hierarchy of Behavior Shaping Tools
PRE-MORNING MEETING Duration/ Frequency: Fifteen minutes daily
Participants: Senior residents, Counselor Pre-Morning Meeting is done early in the morning prior to
the Morning Meeting. Senior members of the community will meet for about fifteen (15) minutes to
discuss the attitude of the house the previous day. It is also where the senior members formulate
solutions to the concerns discussed and to be executed during the day. The attendees will also
discuss the activities to be engaged in the Morning Meeting and make sure that all participants are
ready with their corresponding parts and determine the amount of time to be allotted for each part.
The group will agree on the theme or concept of the day. This is to make sure that everything is
ironed out prior to the conduct of the Morning Meeting such as the validation of pull-ups and other
concerns.
MORNING MEETING Duration/ frequency: One hour daily
Participants: All residents, Counselor
Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole
community and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine
National Anthem and the recitation of the TC Philosophy. It is usually facilitated by any member of the
community. It is divided into two (2) parts namely: (1) public announcements and community
concerns and (2) community-spirit building or up rituals.
The first part of the meeting consists of public announcements regarding important activities or
businesses and other information that the community needs to know. It is a review of how the
community performed in the previous day and check on the behavior of erring members through the
conduct of "pull-ups". A pull up is done as an expression of concern over the lapses of some
members and encourage ownership of mistakes on the violators. The pull-up is followed by
affirmations of good deeds, display of responsible concern towards peers or unselfish acts of some
residents. This is to show that good deeds are not left unnoticed and leave a feeling of self-worth to
those concerned. The first part of the Morning Meeting is a serious business where the members are
expected to be formal in their demeanors. Rules are set such as: no side talking, no cross legging, no
laughing, hands on the laps and sit erect.
The Concept of the Day serves as a guide as to what direction the community is headed for
the day. It is elaborated by residents of the community to have a better understanding of the whole
concept. The concept of the day is preferably taken from the Unwritten Philosophies of TCMP .
The second part of the meeting consists of entertaining presentations to lighten up the mood
and start the day on a positive note. It somehow develops some talents and shed off inhibitions of
participants.
PARTS OF THE MORNING MEETING
1. COMMUNITY ANNOUNCEMENT/CONCERNS
a. Opening Prayer (Ecumenical)
b. Singing of the Philippine National Anthem (Flag must be displayed)
c. TC Philosophy (Adopted translation)
d. Announcements
 Staff (Director, Asst. Director, Counselor & other personnel)
 Residents (Coordinators, Dept Heads, Expediters)
 Report on Dorm Inspection by Chief Expediter
e. Community Concerns
 Pull-ups/ elaboration
 Affirmations
f. Concept of the Day
g. Verse of the Day
II. UP-RITUALS
h. News casting (Local, Natl, International, Sports and Weather News)
i. Entertainment (Choose either Song, Dance, Skit. Humorous Story)
j. Community Singing (Any song that has relation to the Concept of the Day)
k. Greetings
Figure 1. Hierarchy of Behavior Shaping Tools
HIERARCHY OF BEHAVIOR SHAPING TOOLS
Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice
of more adaptive behaviors within the social learning environment. The major tools of the BST, such
as the Talk To, Pull-up, Dealt With, Haircut, Learning Experience, General Meeting and Expulsion
were developed as a means to correct behaviors of the residents that violated the TC norms. The
Hierarchy of Behavior Shaping Tools will serve as a guide to determine which of the tools are
appropriate to be used based on the severity of the infraction or violations committed the residents
against the TC Rules as shown in Figure 1.
TALK TO
A "Talk To" is an outright correction done by any member of the TC community to another
member who has done a minor infraction but is not aware of it. It is a friendly reminder/advice about
an unacceptable behavior and must be done privately. During a "Talk To", the resident is made aware
of his/her negative behavior and the results it may have on others and the environment. The feedback
given to the resident who committed mistake is done in a positive way. This is to evoke awareness on
the part of the violators to avoid committing the same mistake and be given heavier sanctions if done
in the future.
PULL-UP
A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the
members of the community are responsible to pull-up minor infractions done by peers. It encourages
honesty, demeanor awareness and owning up to one's mistakes This is done when the violator is
unknown and must be validated first prior to bringing up in the Morning Meeting.
Pull-ups create a certain degree of dissonance on the guilty party whereby there is a strong
internal conflict whether to practice honesty or continue to live in a lie. When the resident is able to
overcome the impulse to lie and start practicing honesty, his commitment to live by the TC standards
increases.
The resident receiving the pull-up is expected to listen without saying a word, assume that it is
valid, quickly display the corrected behavior and express gratitude in receiving it. After one member
did the pull-up, other residents who want to show concern can make elaborations to give emphasis to
the infractions and concretize the admonitions that need to be relayed to the violator. Two to three
elaborations are ideal.
Too many elaborations are discouraged as they may take so much time. Focus should be
given to the behavior and not the person. It is meant to raise awareness and not to punish of
embarrass the violator. Personal attacks, shaming or the use of racist language are strictly forbidden
during pull-ups. It should be emphasized that pull-ups are done out of responsible love and concern
to avoid creating negative feelings during the process.
In a situation wherein no one stood and owned up a negative behavior raised in the pull-up,
the resident doing the Pull-Up will narrow down the Pull-Up to make it clear and specific, stating the
place and time of the occurrence. In the event that nobody stood to own it up, the resident doing the
Pull-Up will instead ask the community to stand and there, he/she will deliver his pull up addressing
the entire family believing that the violator is a responsibility of the whole community.
Example of a Pull-up:
The moderator asks for someone who has a Pull-up. A member raises his hand and declared:
"Who among my brothers/ sisters did not flush the toilet after using it early in the morning?"
(Sinu-sino sa ating mga kapatid na naririto ang hindi nagbuhos ng tubig sa palikuran (kubeta)
pagkatapos gumamit kaninang umaga?) A few people stood up to admit the pull up. The resident
doing the Pull-Up then gives his/her admonition/advice to the violators. The moderator asks for
elaborations.
 All members attending the Morning Meeting must raise their hands to show their
concerns. It is noted that a question must be asked mentioning the circumstances using the
3Ws (What, Where, and When). The are not allowed to talk or respond but just stand, face the
community and accept the admonitions. The number of elaborations depends upon the
number of Pull-Ups. The more Pull-Ups brought in, the less elaborations.
1st elaboration: "Brothers/sisters, we should always be aware of our actions. Going to
the toilet is a routine activity. It is a must that we should flush it after using to keep it clean. We
should always think of other people who might use it after us".
2nd elaboration: "Brothers/ sisters, whatever our wrong practices in the past are should
be corrected here. We need to put our lives in order. Flushing the toilet is a basic action that
needs no reminders. We should always practice cleanliness and good hygiene".
3rd elaboration: "Brothers/ sisters the reason we are here is because of some
wrongdoings. Let us leave all of those behind us. Let us be aware of our actions and give
consideration to other people. We should not impose on others what we don't want to
experience ourselves. Before leaving the toilet, make sure that you have done what you are
expected to do. Please be responsible."
DEALT WITH
Dealt With is done when negative behaviors or infractions to the House Rules/Norms
are done for the second time of same offense by a resident.
A panel of three (3) composed of a senior resident, peer and a friend are tasked to
deliver a serious and stern reprimand to the subjected resident.
Although the tool does not strictly require the presence of a staff, to attain its purpose,
the staff should monitor its conduct to ensure that the panel assigned to the task really acted
appropriately. It is done privately in a room or an area with no other else hearing the
conversation.
Haircut
Haircut is done when negative behaviors or infractions the House Rules/Norms in same offense
done for or more first time grave offenses. It is a carefully planned and structured verbal reprimand
given by a Staff with four other residents Senior Resident. Peer, Big Brother, and Department Head
(Figure 3). The tone is more serious and can be loud, more harsh and exaggerated.
This is done to induce anxiety and eventually change the person's behavior. Before the group
calls in the person, they will discuss among themselves the order of speakers, how intense the
haircut will be and what sanctions will be given if any. The resident is then called inside and waits
until he is asked to sit.
He will be asked if he knows the reason for his appearance. After the person's response, he
will be asked to sit and remain silent to enable him/her absorb all the advices.
The haircut gives emphasis on the behavior of the resident and the severity of the haircut
should be appropriate to the gravity of the offense. Each member of panel is given ample time to
express himself without interruption from the other members. The staff or peer who booked the
haircut should not be part of the team so as to avoid bias or subjectivity. Before a resident be
subjected to Haircut, his/her infraction must be first investigated, discussed and decided by the
Disciplinary Board (Book II, Rule 2, Section 4 of the BJMP Manual. Sanction/Learning Experience
that has been decided upon by the jail Disciplinary Board and the TCMP staff will be imposed after
the Haircut.
LEARNING EXPERIENCE
A Learning Experience (LE) is an action or activity given to a resident who was subjected to Haircut
or General Meeting who did infraction to correct or modify a behavior. LE may be task-oriente written
task or peer interactions. Since TCMP is educational rather than punitive in its approach remind the
person of the negat be done in a way that to behavioral change, the LE attitude he has done without
compromising his human dignity. The intent of the LE is not to stigmatize the person but to motivate
him to make restitutions for the wrong doings he committed and redeem himself in the community.
The LE should be related to the infraction committed for him to focus on the behavior expected
of him in the community. It should not be given as a punishment but rather a motivation to develop
more positive attitude. This will develop a sense of responsibility on him while stressing his
inadequacies. LE should be realistic and humane. Putting a person on LE for more than one (1) week
may lessen the learning objective. Putting the person on LE for an extended period of time or
sanctions that are far harsher than the offense or may deny him of the basic necessities may border
on abuse and violation of human rights.
Close supervision with clear goals increases the effectiveness of the sanction. Upon lifting the
LE after seven (7) days, the resident subjected to the tool will be accorded with a Senior Resident
coming from his/her Static Group who will provide guidance and continually monitors the performance
in the house of the former. The senior resident assigned will give a self-report after fifteen (15) days
on how the resident (who undergone LE) carried out his responsibilities after the LE and state therein
the resident's condition whether he/she needs further supervision. The authority in giving LE lies in
the Disciplinary Board and TCMP staff.
Examples of LE:
 If a resident has been missing out in his responsibilities in the kitchen, he can be assigned as
in charge of cleaning the kitchen for a specific period of time.
 If a resident repeatedly leaves his bed in disarray, he can be asked to provide orientation and
supervision to new residents on how to keep their beds neat at all times.
Categories of Learning Experiences:
a. Task-Oriented LE
 Pots and Pans
 Grounds and Landscaping
 Cleaning and Maintenance
 Time keeping (wake up calls, lights out calls)
b. Written tasks
 Composition or Essay
 Reproduction of TCMP Materials
c. Peer Interaction
 Reading and reporting of topic
 Announcements (Morning Meeting or House Meeting)
 Bans
BANS
Bans are sanctions to members who commit repeatedly infractions or violation to the Cardinal
Rules by prohibiting, disallowing or limiting an activity or affiliation to a group.
It somehow curtails some freedom of movement and association. This sanction causes
unpleasant feelings which people try to avoid hence may evoke behavioral changes in the future. It
must be applied consistently after the adverse behavior to emphasize the negative consequences.
Privileges limited should have impact but must not limit individual ability to meet personal hygiene,
nutritional and emotional needs. A resident subjected to Bans must be first processed in a General
Meeting called for the purpose.
Examples of Bans:
 Regulation of visiting privilege
 Banned from attending Entertainment and Recreational activities
GENERAL MEETING
A repeated breach to the Cardinal Rules necessitates a General Meeting. Such issue should
be discussed with the community to point out to the violator the negative effect the behavior had on
the community. Such offense includes sexual acting-out with a fellow resident, taking drugs and
engaging in physical fight with another resident. Other facilities include stealing or even smoking as
part of the Cardinal Rules. These behaviors pose a threat to the community because they violate the
established order and safety of the facility.
Procedure in a General Meeting:
1. A General Meeting is called and led by a senior member of the staff, usually the Director of
the facility. The extent of the problem is assessed to determine who among the community members
are involved in the incident. Those guilty of the offense are asked to sit in a prospect chair. This is to
arouse anxiety and dissonance.
 2. The Director sets the tone of the meeting and leads the community in an open expression of
opinions and feelings regarding the offense brought out into the community. He holds the community
accountable for the slip of its members as each is considered his "brother's keeper. The Director
opens the floor for feedbacks, inviting the community for self reflection and accountability. The
formation of the General Meeting is shown in Figure 4.
Example: Director, "Good afternoon family! We are gathered here this afternoon because two
members of our community badly need our help. They engaged in a physical fight which caused
some injuries in both of them. We have to ask ourselves how we failed them. Why did we miss this
brewing hostility between the 2 of them? Remember, we are their keepers but we let them down by
allowing them to harbor the hatred towards each other without us noticing it or doing something about
it. We lack awareness to detect the subtle signs that this incident is coming. Now, our brothers are in
this predicament because we were remiss in our duties to care for them. I want you to account to me
what led to this.
John "Good afternoon family. I'm Mario and Greg's big brother but I failed to notice that
something negative is going on between them. I was preoccupied with my own business that I failed
to talk to any of them these past few days. Had I tried to reach out, might have learned something
and could have prevented this thing from happening. I feel guilty about it. These revelations are open
to other members of the community.
3. As soon as the mood is set and the level of awareness of the community is raised, the
leader calls for the violators to face the entire community. The leader encourages the
community to express their feelings about the offense committed by the violators.
Example:
Peter: "Mario and Greg, I am very disappointed with what you did. You were supposed to be
our role models but what you did just showed us how immature the both of you in resorting to
violence as a way of resolving your conflict. You had been in the community for quite some
time and we expect you to know how to control your anger and use the tools of the house to
express them. I hope you can be more patient and tolerant of each other. I really feel bad
about what happened.
4. After some members of the community have expressed their feelings, it is time for the
violators to account for what they did, share their deepest feelings and verbalize what they
learned from the mistake.

Example:
Mario: "Good afternoon family! I would like to apologize for my behavior. I had been
harboring this dislike towards Greg for quite some time and I just kept it to myself for fear
that other people might judge me. It just started as a petty disagreement. I didn't think that it
will develop and pile up until it came to a boiling point.

I should have shared my feelings in the proper forum so we could have resolved it without
resorting to violence. I've learned my lesson and I want to apologize to Greg for my
behavior I hope we can start all over again as friends: Greg will be given the chance to
make a statement as well.

5. After the violators made their statements and o commitments, the Director will mark the
closure of the issu and allow for processing of the events that transpired provide
appropriate emotional support to the violators w have just been subjected to intense
emotional experience Sanction will then be given to the violators.
EXPULSION
In extreme cases, when a resident is incorrigible and becomes a threat to the community
(Instigator, initiator of ja disturbances), the Director with the recommendation of the Disciplinary Board
may transfer him/her to the nearest jail facility with an appropriate Court Order.

PSYCHOLOGICAL AND EMOTIONAL ASPECT

INTRODUCTION
 Residents who are detained are basically psychologically and emotionally challenged. They
share one thing in common that is being incarcerated with uncertainties as to the outcome of their
individual cases. They feel isolated, helpless and at times hopeless brought about by separation from
their loved ones and society in general and all other issues that confront them while incarcerated.
Such emotional turmoil needs to be addressed to help them bounce back and experience a life of
normalcy despite their unique situation. The TCMP provides activities and services that cater to this
particular need. This topic tackles the discussion on the therapeutic value of processing of feelings
which does not only lie on how freely one expresses them but more so on the person's ability to
identify, acknowledge, and express them appropriately.
COUNSELING
Counseling is defined as a professional activity of helping individuals, groups or communities
enhance or restore their capacity for psychological, emotional and social functioning and creating an
environment favorable for the attainment of these goals.
Psychosocial Skills and Characteristics of Counseling:
*Empathy is the ability to perceive the client's feelings and to demonstrate accurate perception
of the client. It is merely "putting oneself in the client's shoes". When the client feels understood, a
sense of trust or "rapport" is developed. Rapport paves the way to a more meaningful communication
and may enable the client to understand and accept more of his or her complexity of feelings.
"Warmth is also called "unconditional positive regard". It involves accepting and caring about
the client as a person, regardless of any evaluation or prejudices on the client's behavior or thoughts.
It is most often conveyed through our non-verbal behavior or bodily gestures.
'Respect is our belief in the client's ability to make appropriate decisions and deal
appropriately with his or her life situation, when given a safe and supportive environment in which to
do so. It is often showed best by not offering advice or cheap comfort. The counselor shows his
utmost respect to the client by listening in sience and giving him the opportunity to design his own
solutions to the problem. A similar term for this is "empowerment as the counselor likewise
demonstrates that he values the integrity of the client
."Congruence or genuineness is being honest and authentic in dealing with the client. It is
showing real concern rather than focusing on techniques during sessions. It is also being aware of
the counselor's own unmet needs and how it may affect his relationship with the client.
"Confidentiality means that anything discussed during counseling sessions is held absolutely
private and not to be discussed anywhere. This contract should be held sacred so as to maintain the
client's trust and enable him to disclose sensitive matters to the counselor without fear of any breach
of confidentiality.
Pattern of Counseling Session:
1. Introduction: First 10 minutes
 Greet the client warmly.
 Smile and shake hands.
 Escort to the counseling room.
 Explain how the session is going to be to alleviate fears.
 This is the time to develop rapport.
 Assure client on confidentiality.
2. Information gathering: About 20 minutes
 Know the reason for consultation.
 Client can start anywhere.
 Counselor may take notes.
 Client needs to do almost all of the talking.
 Counselor may ask open questions or use techniques like clarifying, rephrasing,
focusing, reflecting, reality testing, etc.
3. Discussion/ Counselor Input:
 Counselor tells the client what he thinks the client is saying.
 Counselor develops a list of concerns.
 Client would concur or understanding
 Prioritize problems and which one to work on first.
 Client will provide plans of action to work on specific problem
 Counselor will assist in mapping out plans.
 4. Conclusion:
 Motivate the client that "he can do it". If not, he may need to be referred to a
Professional.
 Brief client on what to expect the next session (progress based on plan of action).
 End session on a positive note.
 Client should be able to list down things that he has to look forward to over the next
few days. If not, this is a red flag for suicide.
When to break Confidentiality?
1. Children are being neglected or abused
2. Appearance in court as a witness
3. Client expressed plan to commit suicide
4. Client expressed plan to harm others.
INITIAL INTERVIEW/INTAKE INTERVIEW
TCMP participants in jail are unique as they are not necessarily drug users. TCMP is
introduced as a program for the development of inmates while they are awaiting trial. The intake
interview in the jail setting is done by a Counselor to newly admitted residents. The main purpose is
to elicit information about the resident and provide information about the program and what the
expectations are on both parties. Full and honest disclosure is expected on the resident to elicit
adequate and elaborate information and come up with the proper treatment plan.
Participants: Newly committed residents, Counselor
Duration: 1 hour 1. After the booking procedure, the Counselor/IWDO will conduct the initial intake
interview to the newly committed
Procedure:
1. After the booking procedure, the Counselor/IWDO will conduct the initial intake interview to
the newly committed residents using the intake interview form.
This is done only in a designated area and one resident at a time.
ONE TO ONE COUNSELLING/INDIVIDUAL COUNSELING
Duration and Frequency: One to two hours per session/depending upon the needs as
designed by the counselor.
Participants: Counselor and Resident
Procedure:
1. Individual counseling is a helping tool between the residents and counselor. Residents are
usually referred to the counselor as needed by peers or staff based on the residents' behavior.
2. The counselor uses different techniques and methods in counseling.
3. The resident discusses different issues which causes his/ her difficulties.
4. Follow-up sessions will be done depending upon the needs of the resident.
5. The length of the sessions will be determined by the progress of the resident.
GROUP COUNSELING
STATIC GROUPS
The Static Group is a permanent group of peers and leaders that meet regularly while
the residents are in treatment. It is a sort of "home" group who provides support for one
another and to the new members of the community. This is designed to provide a forum for
self-expression and disclosure. It is usually facilitated by senior members of the group. It
focuses on group relationship and patterns of behavior.
Duration/ Frequency: one hour/once a week
Participants: 10-15 residents, Counselor
Procedure:
 1. Once a resident enters the jail, he/she is assigned to a particular Static group. It
serves as a permanent group that addresses the general issues in treatment.
2. It utilizes confrontation from peers to evoke changes in behavior though the group is
primarily supportive. The group provides immediate support to new members of the community
3. Each resident member is encouraged in expressing and disclosing personal issues
and concerns and receives feedbacks from the other members. Violence and threat of violence
are prohibited.
4. For each session the group may discuss any topic of desire or may follow certain
themes for a more systematic flow of discussion.
5. By using confrontation, identification, support, affirmation and giving feedback,
residents learn and practice the TC norms and values.
6. The residents are oriented to new and positive coping styles which they can utilize to
live a new lifestyle and attain personal growth and better relationships.
7. When their emotional needs and problems are properly addressed, their positive
behaviors and attitudes emerge and they will eventually feel better about themselves.
8. Focuses on the issues of the "here and now". Personal disclosure of the past is
allowed if it affects the present. Confidentiality is strictly observed.
9. The static group does away with negative socialization and employs positive re-
socialization through a caring relationship with peers.

PEER CONFRONTATION GROUP

The group participants in Peer Confrontation group are selected by the staff and group
according to peers like adult members will go. with the same date of entry in the facility and same
goes with the middle and young members.
It is done in a more compassionate way where each resident try to help one another.
Participants confront each other on what they do for themselves while in the facility and ask how they
are coping with it.
Duration/ frequency: one hour/ twice a month
Participants: 10-15 residents, Coordinator
Procedure:
1. Participants will sit in a circle position.
2. Staff may sit just outside the circle or there may be no staff.
3. There is no particular order of speaking. It is conventional and free-wheeling.
4. Participants may start with a prayer.
5. Participants may then say "What do you say about me? Or Please give me a feedback on
my progress here "or how do you see me?
6. Any of the other participants may give an honest, straight forward feedback. Tone and
feeling should be proportionate to the issue.
7. Peer confrontation is done in a compassionate way where each resident try to help one
another and identify certain issues which could be a hindrance to his recovery.
8. At the end of the sharing, the resident is asked a commitment about issue that he feels
uncomfortable dealing with.

SECRETS
Secrets are a group activity where participants are given the opportunity to unload emotional
baggage and thus experience freedom from internal psychological conflicts.
It promotes trust among the participants knowing that each will reveal his utmost secrets to the group.
It also aims to deepen mutual respect among the participants.
Duration/ frequency: 1-2 hours/ once a month
Participants: Staff, 10-12 residents
Procedure:
1. Form a group of 10-12 residents, preferably of different persons.
2. Each one is instructed to go to a place where they can be variedly alone and free from distractions.
3. In a piece of paper, the resident will write a letter to himself about an event in his life which he has
been keeping as a deep secret because it has caused a lot of pain, guilt shame or anxiety.
4. The letter is written as if he is addressing it to somebody and could start as "Dear friend". He
should not state his name or any name and place which could lead the group as to the writer. He may
write it in a way that would not give away any hint. This is done for 30 minute.
5. The group then converges and all the rolled letters will be placed in a bag. The residents will be
seated in a circle. The first one will be asked to pick up a letter and read it aloud to everyone as if he
is reading his own letter. The rest will provide advice, moral support, motivation or encouragement to
the reader. No criticisms or negative comments are encouraged.
6. The facilitator admonishes the participants to refrain from curiously trying to find out the owner of
the letters. Everyone. is likewise admonished to keep the discussions strictly confidential.
7. After all the letters were read, the facilitator will do a brief processing focusing on the feelings of the
participants and how it affected each one of them. The group may choose to pray as a closing ritual.
8. Before the group adjourns, the facilitators collects the letters and burn them in a clay bag or
garbage bin as a symbolic ritual of letting go of all the hurts and pains and not allowing them to hinder
their future growth.
ENCOUNTER GROUPS
The Encounter Group serves as a "safety valve" within the community which is usually high
pressured and structured. It is a forum for members of the community to verbally express pent-up or
negative emotions within a structured and safe environment without resorting There to violence or
aggression and without fear of reprisal. are strict behavioral norms and rules observed during an
counter group such as no violence or threat of violence, no attack encou on personal dignity, speak
only for oneself and remain seated at all times. The language used in expressing their feelings is
seldom restricted though in the Filipino culture, use of foul language is avoided to prevent harboring
of negative feelings from the receiver. The primary goal of an encounter group is to raise awareness
of behaviors and explore the underlying feelings that led to such negative emotions.
Duration/ frequency: 1-1 1/2 hours/ once or twice a week
Participants: Counselor, 2 co-facilitators, 8-10 residents
Procedure:
1. A resident may drop a slip on another resident stating his name, the name of the person he is
dropping a slip and the reason for dropping the slip. Only feelings of hurt, anger and concern can be
reasons for encounter.
2. The staff will choose his co-facilitators who are also staff members. Once he has gathered 2 or 3
slips, he may schedule an encounter group.
3. The facilitator will arrange the group in a circle in such a way that the two parties involved are
seated opposite each other. The facilitator should be able to guide the flow of conversation and
should be skilled enough to interrupt anytime he feels that the safety of the group is being
compromised. 4. The flow of the encounter should pass through the four
(4) phases: a.) Confrontation: This phase involves verbalization of concerns or honest disclosure of
emotions that has been provoked during interpersonal interactions with another resident. Regardless
of the cathartic nature of expression, the rules of the encounter group should always be respected.
The focus should always be about how one feels because of the behavior of the other There should
never be any attack on one's persona but rather on his/her behavior. Each should be allowed to
express himself before a rebuttal is allowed. Name calling and other hostile languages may not
resolve the problem and may even heighten the animosity between both parties. This phase consist
mainly of exchange of verbal expressions of emotions as a way of release.
 b.) Exploration: In this phase, all the feelings that were expressed are further examined and
explored and find out how it could have resulted in such way in order to evoke awareness on the
connection of behavior, feelings and attitude. In this phase, blaming or finger pointing at one party is
avoided. It will only cause resentment form one party. This phase hopes to enhance the insight of
both parties and encourage ownership of one's mistake and take accountability for his/her actions. It
gives both parties the opportunity to examine themselves in relation to their conflict with the other
party.
c.) Resolution and Commitment: After some realizations and attaining some insights into their
behaviors, the residents are now ready to move to the last phase to practice new behaviors. From the
feedbacks received, the resident involved will now express how he feels about the whole thing and
may own up his behavior which has caused the conflict. He then goes on to make commitments to
avoid such occurrence in the future. Such commitment made by the residents will be monitored to
make sure that they are being put to practice to avoid lapses.
d.) Socialization: This is a structured social event where all those involved in an encounter will
have ample time to mend fences with those they have offended or hurt in the past. The purpose is to
achieve closure, reaffirm relationship and maintain the unity of the community so that all those
involved can move on and leave the past behind.
EXTENDED GROUP
The Extended Groups (Probe, Marathon) are usually composed of 5-12 residents and is being
facilitated by 2 highly trained staff members.
It may last for 8-72 hours. The participants must have at least 4 months in the program and have
shown adequate stability before he can be included in the activity. It is a potentially intimate and
intense session which needs a significant amount of preparation. It focuses on the "here and now" but
allows a deeper exploration of issues that affects new behavior. Special subjects may be the focus
such as sexuality, trauma, etc.
SPECIALIZED GROUPS
LOSS AND BEREAVEMENT
Duration/frequency: one hour once a week
Participants: 10-15 residents
Procedure:
1. Facilitator is knowledgeable in conducting the sessions and managing the time.
2. The group is very supportive and compassionate.
3. Facilitator discusses the process of grieving and the impact of losses, mad feeling, attitudes
and behavior derived from the loss of a loved one.
4. Counselor gives some suggestions on how they would handle the situation appropriately
when there was another similar situation.
5. At the last sessions, each participant was required to write a letter to someone or a buddy to
tell about the past and what they will do in the future regarding losses.

WOMEN'S GROUP
Duration/ frequency: one hour once a week/ might last for six sessions
Participants: 8-15 residents, Counselor
Procedure: 1. Held once a week and run by TC personnel. It provides an opportunity for all female
residents to share and discuss their feelings on women's issues: family, relationship, self. identity,
self-image, societal role and reproductive issues.
2. Issues to be tackled are gender specific problems and aims to help female residents identify their
challenges and needs.
3. Residents are helped to explore and understand the relationship between women's issues and
their influences on them. It enhances self-understanding among women.
4. They can also help each other through mutual support and concern.
MEN'S GROUP
Duration/ frequency: 1 hour once a week
Participants: 8-15 residents, counselor
Procedure:
1. Topics include expression of feeling, reveal of true self, dealing with feeling and how to
avoid abusive relationship. family conflicts, sexuality and sexual relationships.
2. Group sessions enabled each of them to identify, express the feeling related to the trauma
and lessons learned from those experiences.
3. The counselor who raised the issue will be the one
MEDICATION SUPPORT GROUP
Duration/ frequency: as long as the residents are on medication
Participants: Residents on medications and Jail health personnel
Procedure:
1. Counselor holds the group once a week who are on medical and psychiatric medication.
2. Group members are educated on different kinds of medical and psychiatric problems and its
effects.
3. Sharing on the intake of medicines and its side effects of taking it.
4. Cohesiveness is enhanced.
5. Share and discuss how to face their difficulties, coping with the disease and problems
encountered while they are on medications.
ANGER MANAGEMENT
Duration/frequency: 1½ hours for 6 weeks/as needed/curriculum based
Participants: 10-15 residents
Procedure:
1. Facilitated by a counselor.
2. Questionnaires are provided to the residents to answer how they demonstrated their anger
before they came for treatment and while in the facility and how they go through it.
3. Participants are selected based on interview and attitude showed while in treatment.
4. The group is an avenue for the residents to know their anger feelings and acquire new
knowledge and information on how to deal with their feelings on different situation and personalities.to
conduct it.
MEDICATION SUPPORT GROUP
Duration/ frequency: as long as the residents are on medication
Participants: Residents on medications and Jail health personnel
Procedure:
1. Counselor holds the group once a week who are on medical and psychiatric medication.
2. Group members are educated on different kinds of medical and psychiatric problems and its
effects.
3. Sharing on the intake of medicines and its side effects of taking it.
4. Cohesiveness is enhanced.
5. Share and discuss how to face their difficulties, coping with the disease and problems encountered
while they are on medications.
PRE-RELEASE INTERVIEW
Participants: Resident/s to be released from jail, IWDO, Admin and OD
Duration: 1 hour
Procedure:
1. IWDO should coordinate with the Paralegal Officer to monitor the status of the case of the
residents.
2. If possible, immediate member of the family is/are present before the residents will be released
from jail.
3. Do a pre-release interview to conduct an assessment of the resident's potentials and map out
plans after his release from jail.
4. IWD should coordinate with service providers for his/her referral for aftercare.

INTELLECTUAL AND SPIRITUAL COMPONENTS

INTRODUCTION
Can spirituality and intellect go together? Is spirituality and intelligence at odds with each other?
Intelligence and spirituality ultimately follow the same path By embracing intellect to its fullest extent,
one will eventually arrive at a sense of spirituality. Our actions are governed by intelligence we
achieve the best results when we make the most intelligent decisions. But if we go home, meditate,
and begin asking questions like, "What is the purpose of my life?" we have to load up a different set
of rules. Now we've supposedly left the territory of the intellect and entered the spiritual realm. We try
to interact intelligently with our outer world and spiritually with our inner world.
Spirituality in TC
Spirituality is any action or activity that reflects or brings out the goodness in a man. Spirituality in
TCMP is designed to respond to the inner longing of residents to find greater faith where they can
anchor themselves within their struggle to find meaning to their existence.
It summarizes a man's relationship with himself, others and the Supreme Being. The spiritual
component provides the residents with activities that would help them explore the meaning and
purpose of their existence and their particular place in the world.
Intellectual Component
The intellectual component on the other hand responds to the natural human characteristics of
yearning for knowledge in order to attain a higher level of understanding.
A well-structured and well-implemented Intellectual Component is a factor in establishing a
Therapeutic Community for the residents. It helps the residents restore their self-esteem as their
minds become open to ideas and their intellect does not cease to feed on a free and open
interchange of opinions.
Providing worthwhile opportunities for learning/ education will facilitate regaining their human
quality and self-respect thereby making self-realization that being law-abiding and productive. both
during their stay in the facility and their eventual release in the society's mainstream is the real
essence and measure of development.
Procedure:
1. Select a topic related to expertise of the speaker/lecturer beneficial to the residents.
2. Schedule the activity.
3. Preparation Phase
4. Seminar Proper
THE TC PHILOSOPHY
The TC Philosophy is recited daily during the Morning Meeting. It embodies all the challenges
and aspirations of most residents who feel alienated and the desire to overcome the imposed
limitations on their freedom and find their own place where they could feel safe and welcome. It
acknowledges the importance of fellowship in shaping one's behavior and motivating one's fortitude
of helping himself and others. It likewise serves as his anchor in times of emotional turmoil which he
can always go back to and reflect. It forms emotional binding among the participants knowing that
they are grounded on the same philosophy.
1. Surrender
"I am here because there is no refuge, finally from myself"
I am where I am right now because admit that something went wrong with my life that have no
control over. I admit that I need the help of a Higher Power and of others to bring positive
change in my life.
2. Self-disclosure
"Until confront myself in the eyes and hearts of others. I am running. Until I suffer them to
share my secrets. I have no safety from them, Afraid to be known. I can neither know myself or
any other; I will be alone."
I now know that unless I come out in the open and admit my mistakes, I will forever be running
from them. I need to disclose my deepest secrets to my peers so that I can find the right ways
of dealing with them.
By opening myself up for others to see through me, I will be free from my own demons and let
others guide and help me though my ordeals. Nobody can help me unless I let them know my
woes and let them understand that like them, I also need help.
3. Reflection "Where else but in our common grounds can I find such a mirror?"

There is no better place to disclose my feelings than in a place full of people with similar
experiences where I feel safe and fres from prejudices. People are here for different
reasons but with a common problem. It is easy to identify with somebody who is going
through the same experience as me.

1. Self-realization
"Here together, I can appear clearly to myself, not as the giant of my dreams not the
dwarf of my fears, but as a person, part of the whole with my share in its purpose"

When I start to understand myself better, began to realize how all my negative
behaviors came to be. It is easier to deal with something when we understand its roots.
I will learn not to look at myself as too big or too small to handle all my worries. I will
learn that will deal with them as a person among others who are united together to help
each other by relating our similar attitudes and behaviors.

2. Growth

"In this ground, I can take root and grow"

I realize that this environment can help me overcome my mistakes and start a new life.
can anchor myself in this community to foster permanent change.

3. Self-worth
"Not alone anymore as in death, but alive to myself and to others"
I begin to believe in my ability to overcome all my challenges and give out all my best for
myself and others. also believe in my ability to be of help to others who are in similar
situation.
TC UNWRITTEN PHILOSOPHIES
The unwritten philosophy of TC consists of slogans or aphorisms that are verbally given to
the residents to impart the beliefs and values of TC in relation to their day to day living.
These sayings are used to remind the residents as to what are considered important to
them.
1. "Honesty"

A lot of residents continue to live in a lie without the fear of its consequences. This virtue
points out the importance of truth and its relevance to recovery.
 2. "Responsible love and concern"
The residents will learn how to give and accept criticisms without resentment. Bonded
by trust and confidence, the residents know that mistakes need to be corrected if the
aim is to bring the other towards behavioral change.
3. "To be aware is to be alive"
Residents learn to be conscious of what is going on in the environment. In TC, minor
attitudes are engrossed to prevent major attitudinal problems to arise.
4. "Trust in your environment"
There will be no change if there is no honesty and disclosure. Before doing so, trust
must be established. One should believe that the program can help him. In doing so, he
will learn to accept the program and use its tools to evoke changes in himself.
5. "Be careful what you ask for, you might just get it"
Man by nature is ambitious. We never get contented with what we have. We want more,
even if having so would lead us to commit mistakes. We should learn to appreciate what
we have and use it to better ourselves.
6. "No free lunch".
In reality, nothing really comes easy. If we aim for something, we have to work for it.
There is no pride in getting something the easy way, It is hard to let go of something
that we labored for. Change will not come if we will just wait for it to happen. We have to
make it happen.
7. "You can't keep it unless you give it away"
Knowledge or learning is better appreciated if shared with others Something becomes
valuable if used to help others make positive changes in their lives. Helping others help
us in the process as we start to feel good about ourselves.
8. "What goes around comes around" "
Whatever you do unto others will be done unto you". Any good deed will be rewarded
while evil deeds will be punished in the end. We should always be mindful of our actions
as they are the parameters of how we will be judged in the end.
9. "Act as if"
Learning and accepting the TC program is not easy. Most residents feel resistant
towards it. This philosophy teaches the residents to go with the flow as a way of
compliance. In the process, they will learn to embrace it and the behavior will soon
become natural.
10. "Understand rather than be understood"
It is sometimes common for us to be selfish. We find it hard to admit our mistakes
hence we tend to blame everybody but ourselves. We expect everyone around us to
understand our wrongdoings but we seldom make an effort to understand others.
Understanding others is a virtue because it speaks of humility and patience. If we take
the first step to know where others are coming from, there would be lesser conflicts in
relationships.
11. "Personal growth before vested status"
Sometimes, we become so wrapped up in our own status of positions in life that we
tend to forget to develop relationships with the people around us. We should cultivate
our personal abilities before we scale the ladder to success.
12. "Compensation is valid"
A reward for working hard is well deserved. We get what we put into.
13. "Forgiveness"
To accept what has been done, move on and get over the hurt and anger gives us a
feeling of inner peace and happiness. Failure to get over the pains will pin us down and
stunt our progress.
14. "Humility"
To humble one' self before others is a laudable virtue. We are often enveloped by pride
that it is difficult for us to lower ourselves and admit our inadequacies and limitations. By
doing so, we develop a fair insight about ourselves thus giving us the challenge to
improve ourselves.
15. "You alone can do it, but you can't do it alone" Oftentimes, we feel invincible and indispensable
knowing that certain tasks can only be accomplished by us. We don't realize that we have certain
limitations that without the help of others, the burden will be too great for us. We should learn to reach
out for help and admit our weaknesses.
16. "Pride in quality"
Time flies so fast that we tend to hurry in everything we do. We lose our focus and do things
haphazardly just for the sake of completion. We should always seek for quality in our work. The
product of our labor speaks of our attitude towards life in general.
17. "Feelings don't think" We usually react impulsively to things around us because of our feelings.
Before we can even think, an action has already been done. Everything starts in the mind. If we think
before we act, chances are, we will behave with contempt as we have analyzed the process before
the action.
18. "Guilt kills" One of the underlying reasons for depression is guilt. It is a feeling of shame and self-
blame. If a guilt feeling remains unresolved, can be turned inwards, thus resulting to self-inflicted
harm.

19. "Hang tough" Sometimes, we feel that there is no end to our miseries and we feel helpless and
hopeless. No matter how dim life seems to be, there is always hope. In every problem is a solution.
Every problem is a learning experience that would make us tougher in dealing with life's challenges.

20. "You are your brother's keeper" In TC, each one is responsible for the other members of the
community. The failure of one is the failure of all. This gives all the residents a sense of responsibility
in shepherding others. The success of the program is a reflection of how one cares for the other.

THEME/ CONCEPT OF THE DAY It refers to a word or saying that will serve as a guide for the
community to ponder upon in relation to their day-to-day interactions and behaviors. It is elaborated
during the Morning Meeting by some members of the community to emphasize its relevance and how
it can stimulate the residents' thoughts and help them change their behavior into something positive.
It can also be taken from the Unwritten Philosophies.

MEDITATION: DISCOVERING YOUR INNER SANCTUARY The visualization meditation is used to

help an individual establish a practice of moving his attention within, finding his place of relaxation
and peace by contacting his inner wisdom. This experience is unique for everyone so much so that
one's experience may be different from the others. Some may experience visual imagery while the
others may not. What is important is to do it the most easy and natural way in order to attain the goal
and have the opportunity to relax and enjoy the process. After the activity, ask the participants how
they feel and what have they learned from the experience.

Duration/ frequency: 1-2 hours/ once a month

Participants: Residents, Facilitator

Procedure:
A facilitator is present to give the instruction to the participants. Soft background or meditation music
can be used. The instruction goes this way:

"Ang ehersisyong ito ay magsisimula sa pamamagitan ng paghahanap ng posisyon na komportable

sa iyo. Pwedeng nakaupo o nakahiga. Kapag nakaupo, siguraduhing nakalapat ang likod sa upuan,
nakalapat ang dalawang paa sa sahig at ang mga kamay at braso ay naka-relaks. Kung
nakahiga,humiga ng ang likod ay nakalapat sa sahig at ang katawan ay naka-relaks."

"Kapag ikaw ay komportable na, ipikit ang mga mata at damhin. ang nararamdaman ng katawan.
Kapag nakaramdam ng tensiyon, huminga ng malalim at isiping dahan-dahang nawawala ang
tensiyon ng katawan at ito ay tuluyang nagiging relaks."

"Una ay isipin ang mga daliri ng paa at mga paa.Isipin na ang mga ito ay dahan-dahang nagiging
relaks

'Susunod ay ang iyong mga binti at tuhod. Dahan-dahang ilagay ang mga ito sa posisiyong
nakapahinga"

"Dumako naman sa balakang at puson.Isipin na ang mga parting ito ng katawan ay tuluyang
nagiging relaks.Huminga ng malalaim para tuluyang ma-relaks ang mababang bahagi ng katawan."

"Dumako naman sa tiyan at mga bahagi sa loob nito. Isiping ang mga ito ay dahan-dahang
lumalambot at nagpapahinga.

"Isipin ang mga parte ng dibdib likod, balikat, braso, kamay at mgadaliri.Ilagay ang mga ito sa
posisyong nakapahinga."
"Dumako naman sa leeg, ulo, mata, talukap, tenga at panga.l-relaks ang mga ito.Huminga ng malalim
at dahan-dahang labas ang hangin kasama ng paglabas ng lahat ng tensiyon sa mga parting ito.
Damhin ang enerhiyang pumapasok sa katawan at naglalaba ng lahat ng natitirang tensiyon.

"Habang humihinga ng malalim, i-relaks ang isip na para bang ito ay bahagi ng katawan.Iwaksi ang
anumang isipin hanggang sa ang iyong utak at isip ay nagiging tahimik at walang bumabagabag.

" "Habang humihinga ng malalim, dalhin ang kamulatan sa isang napakalalim na lugar sa sarili."

"Isipin na ikaw ay naglalakad sa isang napakagandang kapaligiran Maaring ito ay nakikita sa iyong
isip o pwedeng magkunwari na ikaw ay nasa isang lugar na katulad nito. Habang naglalakad sa
kapaligiran, nakikita mo ang kagandahan nito at nararamdaman mo na lalong nagiging relaks ang
pakiramdam.

"Isipin na ang napakagandang lugar na ito ay iyong nakikita at nararamdaman.Napaka-espesyal ng

lugar na ito para sa iyo Maaaring ito ay may mga puno, naggagandahang bulaklak, ilog dagat at
bukid. Ang napakaganda at tahimik na lugar na ito ay malapit sa iyong puso at ito ay ang iyong
sariling "inner sanctuary na walang pwedeng makarating kung hindi ikaw lang."

"Damhin mo ang simoy ng hangin sa iyong "inner sanctuary Nararamdaman mo ba ang sikat ng
araw at hangin? Naririnig mo ba ang huni ng mga ibon at insekto?Naririning mo ba ang hampas ng
alon sa dagat? Damhin mo ang para sa iyo ay nakapagbibigay kasiyahan sa iyo."

"Tingnan mo ang paligid sa iyong "inner sanctuary" at hanapin ang isang lugar na makapagbibigay sa
iyo ng magandang pahingahan. Gamitin ito na lugar para ikaw ay umupo o mahiga kung
kinakailangan.

Damhin ang kapanatagan ng loob habang ikaw ay nasa "inner sanctuary" mo. Isiping ikaw ay tulad
ng isang spongha na sinisipsip ang lahat ng kabutihan sa paligid."

"Ngayon, dalhin ang kamulatan sa isang napakalalim at tahimik na bahagi ng iyong sarili hanggat
matagpuan mo ang iyong lugar na tigibngkatahimikan at kapayapaan. Dito, ikaw ay ligtas sa lahat ng
problema at anumang dalahin sa buhay. Hayaan ang sariling damhin ang kapayapaan kung saan
walang kailangan gawin kundi ang hayaan ang sarili na maranasan ng buo ang kapayapaan at
kapanatagan ng kalooban."

"Sa iyong lubos na kapayapaan, mahahanap mo ang iyong sariling kaalaman na makapagtuturo sa
iyo ng iyong mga pangangailangan at nagbibigay ng tamang gabay sa pagtahak sa buhay.Kahit hindi
mo ito nararamdaman o hindi ka nainiwala dito, hayaang maniwala o isiping na niniwala sa
presensya nito. Maniwala man o hindi, ito ay naririyan sa kalooban mo."
"Kung may mga tanong ka sa iyong "gabay", magtanong ka. Maging tahimik at pakiramdaman ang
sagot.Maaaring marinig ito, Makita bilang imahe or maramdaman. Sa papaano mang paraan, maging
bukas at hayaan itong pumasok sa iyong kamulatan. Maaari ding hindi ito maramdaman. Maari itong
dumating sa mga susunod na panahon. Tanggapin ang anumang karanasan.

"Kung may karagdagang tanong sa iyong"gabay", tungkol sa pag ibig, problema o anumang
nangangailangan ng sagot, magtanong at ang pinto ay magbubukas upang malaman mo ang sagot.
Maaring ang mga sagot ay kakaiba sa inaasahan subalit ito ay darating..

SEMINARS

Seminars are activities in TC that provide intellectual stimulation and seek personal involvement
among the residents. It is a way of providing information, improving the resident's speaking and
writing abilities and enhancing their listening ability so as to understand all the information being
presented.

Duration/Frequency: 1-2 hours/ once a week

Participants: Residents, Facilitator

Types of Seminars:

1. Discussion- open format and allow for group participation

2. Data specific information and games
3. Games-mind-expanding activities to elicit thought, creativity. and imagination
4. Seminar series on varied topics
THE DEBATE

The debate is introduced to provide the residents the opportunity to learn how to reason ably
and put together arguments in a logical manner. This is also an exercise on how to listen and
formulate ideas and demonstrate a broader understanding of certain issues It gives the participants
certain insights on other's opinions which may be opposite to their own.

Duration/Frequency: 1-2 hours/ once a month

Participants: 20-30 residents, facilitator

Procedure:

1. Divide the group into two, according to gender or upon the topic for debate.

2. Assign a group for "pro" and the other as "con" depending

3. Choose the first speaker for each group. Each group is given 5 minutes to gather their thoughts on
the issue. Each speaker is given 2 minutes.

4. The "pro" group is first to give their opinion on the issue for 2 minutes. A rebuttal for 2 minutes is
allotted for the "con" group.

5. The exchange of opinions is allowed for a few minutes more. Once the majority has spoken, the
facilitator will switch the stand so much so the "pro" will now become the "con" and vice versa.

6. After the activity, the facilitator will process how the group felt when they have to defend an
issue which is contrary to their beliefs and if they could see the reasonableness of the
other's arguments? What have they learned from the activity?

GAMES: THE "GRAB BAG"

The "Grab Bag" is a form of seminar which enhances the residents ability to communicate,
analyze ideas and develop insights about themselves with the use of identification with
inanimate objects.

Procedure:

1. Divide the group into small groups of 10 members with one facilitator per group.
2. Each facilitator will have a plastic bag/ container with different items inside

3. Without peeping, each resident will grab one item inside the bag. He/she will be given 3-5 minutes
to tell something about the item, describing it as if he/she were the object, what it is made of and its
use.
4. Each resident takes turn until every member of the group has picked an item and speak.

5. The facilitator will process the activity and ask the group how they feel about the activity and what
insights they have gained.

SATURDAY NIGHT ACTIVITIES

This activity is held every Saturday as a recreational event purposely to instill fun, humor and
entertainment after an intense and hectic week. This gives the residents the chance to let loose and
socialize. Each static group is assigned a specific task or presentation to develop talents among the
residents.

Chapter VIII VOCATIONAL/SURVIVAL SKILLS

Learning Objectives:

At the end of the chapter students will be able to:

1. Familiarize the organizational hierarchy therapeutic community.

2. Understand the functions of the different positions in the hierarchy.

3. Learn the livelihood and skills training provided in the TCMP.

INTRODUCTION The development of vocational and survival skills starts at the beginning
performance in job functions in the TC Community which has substantial value to the individual. Its
aim is not only detain confine residents but also to challenge them to learn vocational skills for their
reentry to the community. Vocational rehabilitation helps the individual to become less dependent,
adapt himself and become more independent by making positive changes.

An attitude is set of feelings, thoughts and disposition. Attitudes determine how one will act.
Attitude stems from the way thinks, feels and behave. The ideas formed from one's thinking will
translated feelings. coupled with feelings will determine reaction an individual to certain situations.
The person's attitude shape his ability to learn and absorb all the teachings inside the program.

It will design his willingness to take on responsibilities and develop oneself. An individual's attitude
is relevant to development in the area vocation occupation. It speaks of his adaptability and flexibility
the different tasks functions. will predetermine how later perform the hierarchical ladder. development
of skills is inseparable with the other components of each component plays part the shaping one's
attitude.

ORGANIZATIONAL HIERARCHY OF THERAPEUTIC COMMUNITY

Participants: Personnel and Residents

Procedure:
1. The senior member of the staff, usually the Director identifies the counselors coming from the
staff/personnel.
2. As soon as the counselors were identified the residents of the community will submit
application for certain desired positions as indicated at the hierarchical structure.
3. The applicants will be interviewed by the staff (Director,IWDO, Chief Escort and Custodial).
4. After the interview, selection of applicant for key positions (Coordinator & Department Head) is
done through the use of Socio metric pointing.
5. Crew members will be assigned as per assessment of the IWDO, Chief Escort and Custodial.
6. New residents will be assigned automatically at the housekeeping department for one month for
orientation purposes.

CLASS-A TC COMMUNITY (JAIL POPULATION - 1,000 UP)

1. BUSINESS OFFICE DEPARTMENT Admin

2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING DEPARTMENT – Records
4. GROUNDS/ LANDSCAPING DEPARTMENT - Custodial
5. LAUNDRY DEPARTMENT - Logistics
6. MAINTENANCE DEPARTMENT – Operation
7. SPECIAL SERVICE DEPARTMENT-IWDO
8. EXPEDITING DEPARTMENT

CLASS-B TC COMMUNITY (JAIL POP 500-999)

1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT-Records
4. GROUNDS/ LANDSCAPING/ DEPARTMENT – Custodial
5. SPECIAL SERVICE DEPARTMENT - IWDO
6. EXPEDITING DEPARTMENT - Paralegal/ 1&

CLASS-C TC COMMUNITY (JAIL POP-1-499)

1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Specialist
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT - IWDO
4. EXPEDITING DEPARTMENT - Paralegal/ 1&1

Note: The set up of the Hierarchical Structure depends upon the needs of the facility.
 JOB FUNCTIONS

Participants: Residents

Duration/frequency: All year round based on jail schedule

Procedure:

Departmental Meeting is conducted weekly for assignment of tasks which will

last for one week in rotation basis within the department. Each team will be assigned
one expediter to monitor the job function. Job rotation will be primarily based on the
progress, performance and capability of each resident. Promotion or demotion can
happen during the process.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY (FROM

HIGHEST TO LOWEST)

Coordinator

1. A positive role model.

2. Deals with the attitudes of the residents and acts as a member of the panel
during the haircut and addresses the resident in general meeting.
3. The leader of a team assigned to oversee a specific department, e.g. kitchen
department
4. Responsible for reporting of job changes and recommends cutting off of
learning experience
5. Assigned as Coordinator on Duty of the day and delegates tasks to be
covered for the day, i.e., investigating and booking.
6. Encourages residents to use behavior shaping tools, i.e.. encounter slips,
booking, etc.
7. Responsible for overseeing that each team works efficiently.
8. Supervises the over-all functions of the department in the TC Facility.
9. Reports to staff any incident that is not in the boundaries of a resident to deal
with.
10. Carries out any given task that staff members assigned him/ her.
11. In-charge to disseminate instructions given by the Director and staff through
coordination with co-coordinators.
12. Serves as liaison between resident and staff.

Coordinator On Duty (not part of the whole hierarchical structure, each coordinator take turns
to become Coordinator of the Day)

1.He/she is designated as Coordinator of the Day to conduct inspection in cells, kitchen and
other areas where residents are allowed together with the staff on duty and the chief expediter
2. Delegates tasks to other coordinators.
3. Under direct communication with the Chief Expediter.
4 Must always be aware and records all the events, incidences of the day to the logbook.
5. Must have direct link with Staff on Duty.
6. Responsible to disseminate information coming from the Staff or Director.
7. Evaluates or validate different incidences and seeks staff's acknowledgement.

Chief Expediter
1. Responsible for managing the daily function and activities of the community.
2. Delegates other responsibilities to the Asst. Chief Expediter and monitors every activity.
3. Oversees the schedule of the day.
4. Communicates with department heads in execution of job functions.
5. Communicates with Coordinator of the Day on an hourly basis.

Assistant Chief Expediter

1. Responsible for execution of directives from the chief expediter.
2. Supervises the activity inside the dormitories.
3. Monitors overall function of the different departments and reports to the chief all the
incidences.
4. Facilitates department head meetings in the absence of the chief expediter, job changes
and requests. (e.g. request for phone calls).
 Department Head
1. Conducts departmental meetings before job function.
2. Delegates specific tasks to team members and monitors Individual conduct
3. Monitors participation of members to activities of the program (Morning Meeting. Seminars
and Group Sessions)
4. Checks attendance and whereabouts of team members.
5. Attends department heads pre-evaluation meeting regarding job change.
6. Recommends grants or denies team members' in-house requests in the department head
meeting.
7. Conducts post evaluation to residents regarding the result of their requests.
8. Screens team members' requests.

Department Crew
1. Responsible for carrying-out tasks, duties and responsibilities of their concerned
departments.

TCMP DEPARTMENTS AND FUNCTIONS

Business Office Department (BOD)

1. Welcomes new members of the family and makes sure that policies, rules and their limitations are
clear.
2. Responsible in facilitating younger members' group by sharing experiences.
3. Role model that shows how to overcome trying circumstances (coping, adjustment, etc.)
4. Orients new residents how to drop slips, ventilate feelings in the encounter group, use the
behavior shaping tools and internalize the TC Philosophy and Unwritten Philosophies
5. Provides support to residents when needed.
6. Prepares sequence of program for special events and disseminates all written communications.
7. Maintains and updates bulletin board postages and announcements.
8. Updates profile of residents (Name, Address, Age, Status, Birth date, Ethnic Origin etc.) and
provides list of residents in the Tag board to be posted in every dormitory.
9. Prepares sound system in every activity.

Expediting Team

1. Oversees the day-to-day affairs of the different departments.

2. Reports any incident in the TC facility and the overall attitude of the community.
3. In-charge of the attendance of the residents in groups, seminars, static, specialized groups.
4. Confronts attitudes around the house and make necessary steps to address them through
booking. 5. Coordinates with staff regarding announcements, activities, medications and court
hearings for proper information dissemination.
6. Coordinates with Coordinator on Duty and Medical Staff in attending to sick residents.
7. Prepare designated room assignments upon admission of new residents (Assign big brother/
sister). 8. Oversees activities of residents in the Learning Experience structure.

Kitchen Department
1. Prepares and cook food for daily consumption.
2. Maintains quality of food and dietary requirements of every menu.
3. Preserves sanitary working environment and maintains kitchen equipment properly.
4. Manages quantity of food servings to minimize wastage.
5. Prepares menu for special requirements and occasions.
6. Serves meals on time.
7. Ensures proper storage of food items to avoid spoilage and contamination.
8. Conducts regular health screening of kitchen workers.
9. Maintains proper washing of dishes and kitchen utens and proper disposal of waste materials.

Maintenance and Landscaping Department

1. Maintains cleanliness of grounds

2. Responsible in planting, watering and trimming of plants trees and flower beds
3. Maintains inventory of materials and equipment.
4. Informs staff of any equipment that needs repair & replacement.
5. Responsible in making minor repairs of jail facilities and equipment.
6. Responsible in monitoring proper usage of water and electricity.

Housekeeping Department
1. Maintains the cleanliness of the cell area, mess hall visitation area and visitor's comfort room.
2. Maintains inventory of housekeeping materials such as brooms, dustpans, rugs, floor wax, etc.
3. Provides proper storage of housekeeping materials.

Laundry Department
1. Assigns and schedules laundry time for every dorm.
2. Designates and maintains hanging area for washed clothing
3. Collects the dried washed clothing and distributes to the respective dorms.

STAFF FUNCTIONS
Director

The Warden serves as the Director of the facility. He oversees all the activities in the program.
He designates staff to serve as Counselors. He makes final decisions as to what sanctions or
learning experiences will be meted out to erring residents.

Assistant Director

This position is usually occupied by the Assistant Warden. He takes over the
responsibilities in the absence of the Director. He reports directly to the Director and assists
him in the conduct of the latter's responsibilities.

Counselor
A staff is assigned as a Counselor for each department. The jail set up is unique as the
Counselors take on other responsibilities in addition.

Due to the inadequate number of jail personnel, custodial officers are oftentimes
assigned as Counselors. The Counselors are responsible for the conduct of the different
activities of TC on a daily basis. Each Counselor will monitor the activities of their respective
departments. They will conduct individual counseling and facilitate groups. They are present in
the conduct of the different behavior shaping tools. Instead of being the dominant figure, the
Counselor's role is to bolster or enhance the community as the primary change agent and build
the community to function around the established hierarchy.