IMPROVING THE TREATMENT OF OFFENDERS THROUGH
THE ENHANCEMENT OF COMMUNITY-BASED ALTERNATIVESTO INCARCERATION: THE PHILIPPINE EXPERIENCE
Ismael Juanga Herradura*

I. INTRODUCTION
A. BackgroundIn the Philippines, the treatment of offenders and individuals who are in conflict with the law isundertaken by the government through the Department of Justice (DOJ), the Department of the Interior andLocal Government (DILG), and the Department of Social Welfare and Development (DSWD).
The DOJ supervises and manages the national penitentiaries (for prisoners serving the penalty of
imprisonment for more than three years) through the Bureau of Corrections (BuCor). There are at present
seven national penitentiaries with a total population of approximately 40,000 inmates. Through the Boardof Pardons and Parole (BPP) and the Parole and Probation Administration (PPA), the DOJ formulates,
implements and monitors programmes and activities for offenders on probation and parole, and those
granted conditional pardon with parole conditions through executive clemency by the President. As of
December 2008, the PPA was supervising 34,796 probationers, 13,762 parolees and 852 pardonees, or a totalof 49,410 clients, through its 15 regional offices, 99 provincial field offices and 128 city field offices, or a totalof 227 field unit offices.
The DILG, through the Bureau of Jail Management and Penology (BJMP), supervises and controls city,
municipal and district jails. The Philippine National Police (PNP), also under the supervision of the DILG,
manages the municipal jails that cannot yet be supervised by the BJMP, including lock-up jails or precinct
jails that are used as temporary detention centres for arrested individuals under investigation. The Officesof the Provincial Governor, also under the DILG, manage the provincial jails which, by law, keep convicted
offenders with prison sentences that range from six months and one day to three years. In all, there are 79
provincial jails, 25 sub-provincial or extension jails, 135 district jails, 85 city jails and 1,003 municipal jails
nationwide.
The DSWD operates and monitors rehabilitation centres nationwide for juveniles in conflict with the law(JICL) whose cases are still pending in court. There are 11 rehabilitation centres for JICL in the country. For
the calendar year 2008, DSWD served a total of 1,532 CICL/youthful offenders comprising 1,416 males and
116 females.
As described, it is the PPA that is given the task of treatment of offenders through community-based
programmes of probation, parole and/or conditional pardon. The BPP is simply concerned with policies on
the grant of parole and on the recommendatory measures to the President in cases of executive clemency.
Upon the grant of parole or conditional pardon, the offender is referred by the BPP for supervision to the
PPA. Offenders on probation are referred by the courts of justice.

B. Purpose of the Paper
In the hope of enhancing clarity, simplicity and focus in presentation, the paper will attempt to:
1. Describe the current situations, problems and challenges in the treatment of offenders who are underprobation, parole or conditional pardon;* Administrator, Parole and Probation Division, Department of Justice, Philippines.

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2. Present the measures to improve the treatment of offenders through the enhancement of communitybased alternatives to incarceration; and3. Present the highlights of other community-based alternatives outside the jurisdiction of the Parole andProbation Administration.

C. Legal Bases
1. Probation
Adult probation as a post-sentencing disposition was adopted in the Philippines on 24 July 1976 under
Presidential Decree No. 968. Section 2 of the Decree enumerates the purpose of the law, as follows:a.	Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;b.	Provide an opportunity for the reformation of a penitent offender which might be less probable if hewere to serve a prison sentence; andc.	Prevent the commission of offences.
Of special interest is Section 28 of the law which provides that “to assist the Probation (and Parole)
Officers in the supervision of probationers, the Probation Administrator may appoint citizens of good reputeand probity to act as probation aides.”2. Parole
The purpose of Act No. 4103, as amended, otherwise known as the Indeterminate Sentence Law, is“to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary andexcessive deprivation of liberty.” Under Section 5 of said Act, it is the duty of the Board of Pardons andParole to look into the physical, mental and moral record of prisoners who have served the minimum of theirprison sentence and to determine the proper time of release of said prisoners on parole.
3. Conditional Pardon
Under Section 19, Article VII of the Philippine Constitution, the President may grant executive clemencywith the objective of preventing a miscarriage of justice or correcting a manifest injustice. Such grant may
be exercised by the President motu proprio or upon recommendation of the Board of Pardons and Parole orof any other agency. Conditional pardon may be extended to a prisoner who has served at least one-half ofthe minimum of the original indeterminate and/or a definite prison term.

D. Organizational Mandate of the Parole and Probation Administration
1. Vision Statement
A model component of the Philippine correctional system that shall enhance the quality of life of its
clients through multi-disciplinary programmes and resources, an efficient organization, and a highly
professional and committed workforce in order to promote social justice and development
2. Mission Statement
To rehabilitate probationers, parolees and pardonees and promote their development as integral persons
by utilizing innovative interventions and techniques which respect the dignity of man and recognize his
divine destiny.
3. Goals
The Administration sets to achieve the following goals:
1. Promote the reformation of offenders and reduce the incidence of recidivism; and2.	Provide a cheaper alternative to the institutional confinement of offenders who are likely to respondto individualized, community-based treatment programmes.
4. Organizational Outcome
Rehabilitation of Offenders in a Community-Based Setting and Reduction of Crime Incidence.

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II. CURRENT SITUATIONS, PROBLEMS AND CHALLENGES
A. The Treatment Paradigm

Figure 1. PPA’s Harmonized Rehabilitation Programme

As shown in Figure 1, the PPA treatment paradigm has three major components: 1) Restorative Justice(RJ) as the philosophical foundation or conceptual framework, represented by the frame and handle of theumbrella; 2) Therapeutic Community (TC) as treatment modality, represented by the panelled canopy of theumbrella showing the distinct but overlapping treatment categories, namely: behaviour shaping/behaviour
management; emotional/psychological aspects; intellectual/spiritual aspects; and vocational/survival skills;
and 3) the Volunteer Probation Aide as the lead community resource, represented by a figure holding up
the umbrella in co-operation with the Probation and Parole Officer. The umbrella matrix also highlights theextension of support to both victim and offender and their respective families/communities in the overall
spirit of reconciliation and healing.
1. Restorative Justice Practices as Adopted by the PPA
By way of Memorandum Order No. 12, S.2003, dated 16 July 2003, the PPA promulgated a policy on
adopting RJ practices as a major component of its treatment programme.
The Agency policy defines RJ as a philosophy and a process whereby stakeholders (offender, victim andthe community) in a specific offence resolve collectively how to deal with the aftermath of the offence andits implications for the future.
As a philosophy, RJ treats crime as a violation of people and relationships. It creates obligations to makethings right through involvement of the victim, the offender and the community in searching for solutions
which promote repair, reconciliation and reassurance (Van Ness quoting Zehr, 2002).
As a process, RJ resolves conflicts in a manner in which the response to the crime would be not to add
to the harm caused by imposing further harm on the offender, but to do as much as possible to restore thesituation. The community offers aid to the victim; the offender is held accountable and required to makereparation. Attention would be given not only to the outcome, but also to evolving a process that respects“the feelings and humanity of both victim and the offender” (Martin Wright, quoted by Van Ness, 2002).
Thus, its application entails meetings or a series of meetings attended by all stakeholders – the offender, thevictim/s and the members of the community. RJ seeks to achieve the following: 1) reparation for the victim;2) reconciliation of the offender, the offended and the community; 3) reassurance to the offender that heor she can be reintegrated into society; and 4) enhancement of public safety by activating the offender, thevictim and the community in prevention strategies.
The PPA’s choice of RJ as a conceptual framework of its rehabilitation programme is an affirmation of a201

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practice that began in 1978 upon the operationalization of the substantive provisions of the Probation Law.
The consultation of the offended party and the community upon the offender’s petition for probation wasa requirement for investigating probation officers on the basis that the inputs of the offended party, thepetitioner’s family and some responsible members of the community could be very critical in the release
and reintegration of the offender in the same community where he or she committed the offence. Moreover,
the theory and practice of RJ is very indigenous in Philippine culture which, historically, maximizes theuse of mediation and conciliation in solving community conflicts. This is highlighted by the adoption of the
Katarungang Pambarangay (Barangay Justice System) in settling disputes at the village level.
The operationalization of RJ in the community is best illustrated through the “Circle of Support” which
was used by the VPA Field Training Laboratory (FTL) team in a village of San Pedro, Laguna. Please refer
to Appendix A for the full-length copy of the article entitled “The Circle of Support: RJ in Community
Engagement and Volunteer Resource Development” by Cecilia G. de la Cruz, Chief Facilitator, NationalField Training Laboratory, PPA.
In the main, the RJ practice generally proceeds in the following manner:(a) Investigation Stage
The investigation conducted by the Probation Officer includes the statement of the victim/offended party
and of the general community towards the crime, the offender and suggestions for his/her/its reparation.
At this stage, the investigating officer tries to ascertain the victim’s readiness for reconciliation with theoffender and the community as well as the community’s capacity to provide support.
(b) Supervision StageThe offender’s supervision treatment plan (STP) shall include the need for RJ intervention as may beneeded and appropriate. The RJ process may proceed in this way:
1) The parties should be brought within the programme of their own free will. Parties should have theright to seek legal advice before and after the restorative process.
2) Before agreeing to participate in the restorative process, the parties should be fully informed of theirrights, the nature of the process, and the possible consequences of their decisions.
3) Neither the victim nor the offender should be induced by unfair means to participate in restorative
justice processes or outcomes.
4) Where no agreement can be made between the parties, the case should be withdrawn from therestorative process.
5) In the event agreement is reached by parties, it should be put in writing to give substance/essence
to the agreement. The failure to implement any provision of the agreement made in the course of therestorative process is a basis for the withdrawal of the case from the programme; and6) Discussions and disclosures made during the process shall be treated with strict confidence and shallnot be disclosed and used against the parties involved.
2. Outcome of the RJ Practices and Processes as Components of the PPA Programme
As shown in Table 1, the RJ practices used by PPA include mediation and conferencing, specially the“Circle of Support.” The outcomes centered largely on the conduct of Community Work Service (CWS) for
clients, the payment of civil liabilities by the offenders and, in certain instances, the reconciliation between
the clients and their respective victims.
These results suggest that through these RJ practices adopted by PPA field offices, the clients, theoffended party and the community are able to see their respective roles in reconciling and restoring
broken relationships. In this context, all the stakeholders have heightened their sense of responsibility
and accountability in pursuing an attitude that is inclined towards restoration and healing, rather thanpunishment and revenge.

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Table 1. Status Report on Restorative Justice Outcomes (CY 2008)
Numbers
RJ Process Used
Total
Involved
Region Supervision
OutcomeCircle ofCaseload Mediation Conferencing
Clients Victims
SupportCWS of 56 clients;
I
2,139
24
15
18
87
94
13 clients paid; CL of
PhP59,809
CWS of 40 clients; partial
II
1,046
19
32
0
47
50
payment of CL by 9clients
CWS of 45 clients; 45 paid
III
2,592
45
40
12
50
37
CL of PhP147,569
CWS of 191 clients; 49
IV
5,897
45
77
10
348
128
clients paid PhP8,000
V
2,270
13
27
1
72
37
CWS of 37 clients
CWS of 126 clients; 35
VI
4,193
56
70
13
305
226
clients paid PhP1,500
CWS of 190 clients;
VII
5,276
14
43
0
193
128
25 clients paid CL of
PhP520,243.10
VIII

2,748

5

15

0

171

48

CWS of 159 clients

IX

1,622

15

105

0

382

16

CWS of 290 clients

X

3,367

28

8

0

70

53

XI

2,265

24

34

1

110

69

XII

1,549

2

23

0

27

24

XIII
(CARAGA)

1,416

2

5

0

62

23

CAR

699

6

16

2

27

22

NCR

12,331

14

11

8

35

22

TOTAL

49,410

312

521

65

1,986

977

CWS of 15 clients;
Rest. – 9
CWS of 30 clients;
Rest. – 5Reconciliation of 2 clientswith victims
CWS of 36 clients; 3clients paid CL
CWS of 10 clients;
dropping ofcountercharges of client
CWS of 5 clients

B. The Therapeutic Community (TC) as a Treatment Modality
TC is a specialized self-help learning treatment modality founded on such precepts as “responsible loveand concern,” “honesty,” “humility,” “forgiveness,” “pride in quality,” “no free lunch,” and others. Its overall
goal is to move the client from “wrong living” to “right living.”
The adoption of TC as the treatment modality in PPA’s community-based programme began in 1998 aftera series of training programmes conducted by Daytop International, Inc. New York, through funding from the
Bureau of International Narcotics and Law Enforcement Affairs (INL), U.S. Department of State. A total of
141 PPA officials and personnel in three batches completed the training.
Efforts were made to suit the treatment modality to the needs of Filipino clients, without disturbing theessence and structure of the modality. Thus, the graduates of the Daytop programme led by the respective
RDs/ARDs formed committees and conducted echo seminars in their respective regions. A national
Committee was organized and tasked to come up with training modules, session plans, and other training
materials to be used.

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For calendar year 2008, the TC action plan centered on five areas, namely: 1) programme
implementation; 2) capacity-building; 3) programme and materials development; 4) social marketing; 5)resource generation; and 6) monitoring and evaluation.
1. Outcome of TC Implementation
As of September 2008, substantial accomplishments were reported and monitored by the 15 regional
offices, as presented in Table 2.
Table 2. Status of TC Implementation (as of September 2008)
RegionField Offices Involved
Number%Clients Involved
Number

%

I

7/13

54

342/2,139

15.99

II

9/9

100

459/1,046

43.88

III

13/14

92

334/2,592

12.88

IV

27/27

100

1,081/5,897

18.33

V

11/14

78

658/2,270

28.97

VI

26/26

100

1,590/4,193

37.92

VII

21/21

100

1,309/5,276

24.81

VIII

12/12

100

398/2,748

14.48

IX

11/13

84

209/1,622

12.88

X

16/16

100

1,158/3,367

34.39

XI

12/12

100

194/2,265

8.56

XII

12/12

100

528/1,549

34.08

XIII

9/9

100

452/1,416

31.92

CAR

8/8

100

370/699

52.93

NCR

21/21

100

1,205/12,331

9.77

TOTAL

215/227

94

10,287/49,410

20.82

RegionTable 2-a. Status of Capacity-Building in TC (as of September 2008)
Participants
Training/Activity
Funding Source
Title
PPOs VPAs Total
3

29

3
29

I

1. Demonstration Training on Drug Testing
2. Basic Training on TC for VPAs
3. Review of Materials and Roles in TC
Implementation
4. Refresher Course on Drug Testing
5. TC Trainers’ Training

17
25
7

5

17
25
12

II

1. B
 asic Training for VPAs

8

11

19

III

1. T
 C Reorientation Seminar
2. T
 C Basic Training for Implementers
3. S pecialized Training on TC, RJ and Volunteerism

53
11

3
-

56
11

-

60
33

60
33

IV

204

1. T
 C Training for VPAs

Donation from officers
Local government units(LGU)
PPA Regional OfficefundsRegional funds
Donation from officers
Regional funds
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V

VI

VII
VIII
IX

1. Orientation on the TC Programme
2. Family Therapy Trainers’ Training
1. Orientation on VPA Organization and TC
Programme
2. Refresher Course on Drug Testing
3. Managing Resistant Clients and Case Conferencing
4. Orientation Seminar on TC
1. Cluster Meeting on PPA Community-Based
Programme
2. Residential Training on TC
1. TC Orientation Seminar for VPAs
2. Information Dissemination on TC
1. Residential Seminar on TC (Orientation Phase) for
Clients
2. TC Training for VPAs

8
2
2

21

8
2
23

54
25
325

19
2

54
25
19
327

3
-

7
132
46
4

7
132
49
4

2

25

27

LGU funds
NGOs
Regional funds
LGU funds
Donation from officers
and VPAsLGU funds
Donation from officers
And VPAsLGU funds
Regional funds
LGUs
Donation from officers

X

1. Regional TC Committee Meeting
2. Educational Trip to Cocoon Drug Rehab Center
3. TC Enhancement Training

6
15
43

-

6
15
43

Regional funds

XI

1. Orientation Seminar on TC for Parents of Clients
2. Phase One 5-day Residential Training
3. Specialized Training on RJ and TC for VPAs
4. Cluster Meeting for TC Concerns

8
8
5
11

3
2
19
-

11
10
24
11

Regional funds
LGUs

1. TC Orientation Course
2. Seminar on Life Skills for Drug Prevention

32

3
-

3
32

Regional funds

XIII

1. Realigned TC Seminar
2. Seminar on Life Skills for Drug Prevention

17
34

4
-

21
34

Regional funds
LGUs

CAR

1. TC Enhancement Training

39

-

39

Regional funds

NCR

1. TC Enhancement Training
2. Seminar on Management of Drug Cases
3. Orientation on TC

57
3
3

25

57
3
28

Regional Funds
LGUs

XII

Under the Programme and Materials Development component of the TC Action Plan, the following wereaccomplished:
1. Translation of Programme Materials into Filipino and other local languages;
2. Preparation of session plans, visualization exercises, and other teaching aids such as songs, games, etc;
3. Production of other IEC materials for information drives;
4. Designing an evaluation questionnaire for programme monitoring and evaluation.
With regard to social marketing, the accomplishments included the following:
1. Formal information drive using print and media, integrating the three components of the PPA
programme of TC, RJ and VPA;
2. Symposiums/Forums in schools and villages;
3. Organization of Family Associations;
4. General assembly of clients and immediate family members;
5. Meeting with the Anti-Drug Abuse Councils, Provincial/City/Municipal Development Councils, Peace
and Order Councils/Members of the other pillars of the criminal justice system;
6. Publication/distribution of newsletters/primers on the programme;
7. Integrating the programme in community-service projects like tree planting, cleanliness drives, sports
festivals, and the like;
8. Extending assistance, specifically on training, to other agencies such as the LGUs, BJMP, DOH and
DSWD upon their request.

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Under the Resource Generation component of the Programme, the following accomplishments werereported:
1. Submission of proposals to LGUs for financial/technical assistance;
2. Co-ordination with community resources, for use of seminar venues for free or at discounted rates;
3. Fund-raising activities with the help of VPAs and other community partners;
4. Review of the Memorandum of Agreement with DSWD, DILG, NAPOLCOM, PNP, NPS, PNVSCA,
Liga ng mga Barangay , VSO-Bahaginan , Rotary Club, Lions Club and PAVE; and5. Top level advocacy with the Department of Budget and Management for an additional budget for the
Programme.
As to monitoring and evaluation, the following activities were undertaken:
1. Improvement of the Agency’s reporting system;
2. On-site observation of the rehabilitation programme in randomly selected field offices;
3. Revision of the Performance Evaluation System to give due weight to the PPA Rehabilitation
Programme.
		C. The Volunteer Probation Aides (VPAs) as the Lead Community Resource
The enlistment and training of VPAs started in 1977 while the Agency was preparing for theoperationalization of the national probation programme which was to begin on 3 January 1978.
Towards 1980, the VPA programme dwindled from around 2,123 VPAs to only 100, due to budgetary
limitations in the reimbursement of travelling expenses.
Beginning in 2003, through the technical and financial assistance of UNAFEI, PPA revitalized its
VPA system with due consideration of its past experience. Later, with the support of JICA, a three-year
In-Country Training Programme on the Holistic Approach to Volunteer Resource Development wasundertaken from 2006 to 2008. The Project was extended for another two years as a technical co-operation
project until 2010.

D. VPA Programme Objectives
In light of the provisions of Executive Order No. 468 of the President of the Philippines, promulgatedon 11 October 2005, directing the PPA to revitalize its VPA programme and as enunciated in the Policy
Guidelines on the VPA Programme of the Agency, duly approved by the Secretary of Justice on 26 October
2006, the following objectives are pursued:
1. To amplify the extent of services rendered to clients in an effective yet economical means through theuse of volunteers;
2. To develop a competent corps of VPAs who will assist the PPA officers in the effective supervision ofclients;
3. To inculcate greater citizen awareness and understanding of the criminal justice system;
4. To enhance community participation in crime prevention, treatment of offenders and criminal justiceadministration; and5. To foster an attitude of meaningful involvement in the social, economic, cultural and political affairs of
the community.

E. Functions and Responsibilities of VPAs
A VPA is expected to perform the following functions:
1. Work in close consultation and co-operation with the Supervising PPO;
2. Keep all information about the client in strict confidentiality;
3. Maintain an honest recording and monthly reporting of activities to the Supervising PPO;
4. Devote substantial and quality time for supervision of clients and perform the following tasks:
4.1 Offer advice and guidance;
4.2 Act as job placement officer;

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4.3 Refer clients to pertinent agencies for spiritual, mental, economic, social or health needs;
4.4 Implement treatment objectives as provided for in the supervision treatment plan; andact as a resource individual;
5. Endeavour to help the PPO in extending RJ interventions to the client’s situation; and6. Attend TC, RJ and other activities as may be required.

F. The Roles of VPAs
The role of the VPA may be classified into two categories:
1. Direct Supervisor
The VPA should undertake the following:
1.1. Supervise a maximum of five clients at any given time;
1.2. Work Closely with a PPO and discuss the treatment plans and status of clients; and1.3. Submit a monthly accomplishment report to the PPO.
2. Resource Individual
The VPA may act as a:
2.1
2.2
2.3
2.4
2.5

Resource speaker during training activities, information drives, etc.;
Counsellor;
Donor, sponsor or resource manager during fund-raising activities;
Programme co-ordinator of client activities; and aMediator, RJ Implementer, TC Facilitator.

G. Current Status of VPA Programmes
Tables 3-a, 3-b, and 3-c present the current status of the VPA programme in the Philippines:

Region
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII (CARAGA)
CAR
NCR
TOTAL

Table 3-a. Number of Appointed VPAs Given Training
No. of VPAs Appointed
No. of VPAs Trained
298
277
242
129
1,154
605
1,283
852
138
109
725
550
671
555
346
219
435
308
388
216
288
189
223
150
318
92
297
196
562
249
7,368
4,696

% Trained
93
53
52
66
79
76
83
63
71
56
66
67
29
66
44
64

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Table 3-b. Number of VPAs with Clients and Number of Clients Served (CY2008)
RegionNo. of VPAs with Clients

No. of Clients Served

I

38

185

II

95

185

III

191

384

IV

317

1,051

V

94

303

VI

360

783

VII

170

846

VIII

69

192

IX

239

461

X

216

821

XI

129

452

XII

146

582

XIII (CARAGA)

113

346

CAR

109

200

NCR

116

337

TOTAL

2,402

7,128

Table 3-c. Total Number of Members per VPA Association

208

RegionNo. of Association

No. of Members

I

12

61

II

7

102

III

13

803

IV

11

498

V

6

96

VI

20

424

VII

15

521

VIII

6

281

IX

7

371

X

5

108

XI

9

217

XII

4

97

XIII (CARAGA)

8

135

CAR

7

205

NCR

1

312

TOTAL

131

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Figure 2. Growth of the PPA Programme, 2003-2008

1. Problems and Challenges
In a survey conducted in February 2008 by the Strategic Pathway on Harmonized Rehabilitation
Programs, aimed at finding out how far along the 227 field offices were in the harmonized implementationof the TC, RJ and VPA components of the programme, it was revealed that TC obtained the highest score in
implementation, VPA second and RJ a close third. Using a self-evaluation questionnaire, the respondents wereasked to rate his or her office implementation of the programme through a 10-point scale with 1 as the lowest
and 10 the highest. The summary of findings showed that, on the issue of sustainability, the average score
ranged from 6 to 8, which was interpreted to be “good enough”, for starters. On the degree of harmonization,very few field offices gave equal attention and emphasis to all the three programme components. One reason
advanced by the Study Committee was the issue of control and focus. Specifically, it was pointed out that in
TC, the field officer/implementer deals primarily with the client over whom he/she has lot of control. In the
VPA agenda, the implementer does not have as much control as in TC, including the fact that VPAs’ grasp of
the programme might not be that full yet. In RJ, the implementer deals with some stakeholders over whom hehas little control and who might be lukewarm or indifferent to the programme, if not downright hostile.
Table 4. Comparative Performance of Field Offices in the Implementation of the Rehabilitation Programme
SCORE
RegionLow
MiddleHighI
No data
No data
No data
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII (CARAGA)
CAR
NCR

RJ

6.176

VPA

7.277

TC

8.778

RJ
VPA
No data
RJ
VPA
VPA
RJ
VPA
RJ
RJ
RJ
RJ
RJ

7.400
6.380

VPA
RJ
No data
VPA
RJ
RJ
TC
RJ
VPA
VPA
VPA
VPA
VPA

7.700
6.670

TC
TC
No data
TC
TC
TC
VPA
TC
TC
TC
TC
TC
TC

8.200
8.720

6.460
7.200
4.545
6.800
5.640
6.550
4.700
6.000
6.286
6.710

7.310
7.650
4.545
7.000
6.000
7.270
6.300
8.000
7.000
7.290

7.420
8.100
6.500
7.700
7.710
7.910
7.200
8.000
8.143
8.950

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The Study Committee advanced its interpretation of the findings as follows:
2. Why TC Got a High Rating
The reasons given for the rating given to TC were:
1. Belief in the effectiveness of the programme;
2. Availability of manuals and other training materials;
3. Adequate training and commitment of implementers;
4. Programme is well-structured, continuous and with definite schedules;
5. Involvement of VPAs; full support of the community; financial support of LGUs; and6. An effective monitoring system.
3. Why VPA Got a Moderate Rating
The moderate score given to the VPA programme was due to the following reasons:
1. Inability of some VPAs to fix a common time for meetings, training, etc. due to other tasks;
2. Funds for VPA training and travel are not easily available;
3. Minimal community support; ineffective recruitment strategy; and4. Inadequate training and commitment and strong resistance of some implementers.
4. Why RJ Obtained a Low Rating
Below were the reasons given for the low rating given to RJ:
1. Inability of many clients to participate in RJ processes, including the payment of civil liabilities, due topoverty, distance of residence, and fear;
2. Non-participation/lack of co-operation of victims due to antagonism, distance, cultural barriers, andgeneral conditions of peace and order;
3. L ack of personnel and a heavy caseload vis-à-vis RJ as a long and tedious process needing a lot of
preparation;
4. Inadequate training for implementers; programme guidelines and mechanics not clear; and5. Lack of support of some community stakeholders.

III. MEASURES TO IMPROVE THE TREATMENT OF OFFENDERS THROUGH THE
ENHANCEMENT OF COMMUNITY-BASED ALTERNATIVES TO INCARCERATION
In 2006, an inter-agency collaboration effort was made by the pillars of the criminal justice system (CJS)
in the Philippines to come up with a comprehensive study and discussion on how the criminal justice system
can respond to the need to focus on the demand side or on how the poor and the disadvantaged can haveaccess to justice. The fruit of the effort is the Medium-Term Development Plan for the Criminal Justice
System (2007-2010). It was formulated with the participation of representatives from the five pillars. With
funds provided by the United Nations Development Programme, the project was led by the Supreme Courtof the Philippines which engaged the University of the Philippines’ National College of Public Administration
and Governance Centers for Policy and Executive Development (UP NCPAG-CPED) for technical support.
The pertinent problems and issues raised for the corrections pillar and their corresponding strategies are
summarized in Table 5.
Table 5. Measures to Improve the Non-Institutional Treatment of Offenders
Problems/Issues
1. P rohibitive fees and charges
in securing clearances foroffenders applying for probation, parole and other forms of
release.

210

Recommendations/Strategies
1.1 S trengthen inter-agency agreements to reduce fees
1.2 L
 obby for pertinent legislation

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2. Inadequacy of services fordetainees/ probationers/
parolees.

2.1 S
 ustain the revitalization of the Volunteer Probation Aide (VPA)
programme, including provision for travel, e.g., discounted bus fare,and institutionalize the same.
2.2 E xpand partnership/co-operation with private sector/ individuals.
2.2.1 E nhance the aftercare programmes, particularly among drug
dependents.

3. Enactment of laws relative tocommunity-based alternatives
to incarceration.

3.1 A
 mendment of certain provisions of Probation Law:
3.1.2 C hanging the name of VPA to Volunteer Probation Officer orenactment of a VPO Law
3.1.2 E xpanding the coverage of probationable penalties from 6 years
to 12 years
3.2 M erger of the PPA and the Board of Pardons and Parole
3.3 E
 nactment of a Recognizance Law to allow poor litigants who cannot
post bail to be released on recognizance.
3.4 E
 nactment of a law to unify the correctional system or establishmentof an inter-agency monitoring/assessment system to unify the thrustsof the corrections pillar.

4. L ack of public information on
how corrections work.

4.1 M
 aximizing existing information drives
4.2 E
 ngagement of the barangay information system

In the context of the survey conducted by the Strategic Pathway on Harmonized Rehabilitation
Programme mentioned earlier, and of the outputs in the Monitoring and Evaluation Seminar of the PPA-JICA
Technical Co-operation Project conducted from 12-16 January 2009, the following sets of measures appear
urgent in the improvement of the non-institutional treatment of offenders.
Table 6. Measures to Improve the VPA Agenda in the PPA Harmonized Programme
Key Result Areas
Strategies/Activities
1. Sustained integrationand Harmonizationof TC, RJ and VPA as
major components of
the PPA programme

1.1 C ontinued adoption of the umbrella matrix as a treatment paradigm
1.2 C lear-cut definition of the PPA rehabilitation programme
1.3 H armonization of the reporting system of the rehabilitation programme
1.4 C ontinued training of the VPAs in TC and RJ processes
1.5 C ontinued involvement of VPAs in the conduct of TC sessions and RJ processes for clients

2. Improved recruitment
and appointment
system for VPAs

2.1 C
 ontinued conduct of massive information drives using the IEC materials
produced by the NFTL team
2.2 C
 ontinued and strengthened partnership with the community

3. C ontinuing system oftraining of VPAs

3.1 C
 onduct at least one basic training for FO/cluster per year
3.2 C
 ontinued inclusion of VPAs in specialized training like TC and RJ practices

4. E mpowerment of VPA
Associations

4.1 E
 arly affiliation of VPA association with the national federation (AVPAP)
4.2 C
 ontinued organization of at least one association per field office level
4.3 C onducting team-building workshops for members

5. S upervision workload
of VPAs

5.1 A
 rrangement by each field office to ensure that VPAs are assigned at least
one client for supervision at any given time

6. Monitoring����������������������
and evaluation of the VPA Agenda

6.1 S
 ubmission of required reports by VPAs
6.2 R
 egular visit and observation of field offices by the Regional Director/
Assistant Regional Director/ Administrator
6.3 D ocumentation of activities to make all assessments and evaluation
evidence-based

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IV. OTHER COMMUNITY-BASED ALTERNATIVES TO IMPRISONMENTThe other community-based alternatives to incarceration in the Philippines are mostly provided underRepublic Act (RA) No. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, and areapplicable to juveniles or children in conflict with the law (JILC/CICL). These alternatives are outlined
below.

A. Intervention Programme for CICL Exempt from Criminal Liability
Section 20 of RA 9344 provides that “if it has been determined that the child taken into custody is 15
years old or below, the authority who will have initial contact with the child has the duty to immediately
release the child to the custody of his/her parents or guardians, or in the absence thereof, the child’s
nearest relative. Said authority shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and the person having custody over thechild. ”
The intervention programme may include counselling, skills training, education and other activities thatwill enhance the child’s psychological, emotional, and psycho-social well-being.

B. Diversion for CICL who acted with Discernment
It includes the process of determining the responsibility and treatment of a CICL on the basis of his or
her social, cultural, economic, psychological or educational background, without resorting to formal court
proceedings.
The diversion programme includes mediation, family conferencing and conciliation and, whereappropriate, indigenous modes of conflict resolution in accordance with the best interest of the child, with aview to accomplishing the objectives of restorative justice and the formulation of a diversion programme.
The following factors shall be considered in formulating a diversion programme:
1. The child’s feelings of remorse for the offence committed;
2. The parents’ or guardians’ ability to guide and supervise the child;
3. The victim’s view about the propriety of the measures to be imposed; and4. The availability of community-based programmes for rehabilitation and reintegration of the child.

C. Release on Bail or Recognizance
Release of the CICL on bail or on recognizance or his or her transfer to a youth home or youth centre incases where he or she is not suitable for diversion or where diversion is not acceptable to his or her parents
or is not appropriate as per assessment and recommendation of the social worker.
D. Automatic Suspension of Sentence
Section 38 of RA 9344 provides that if the CICL is found guilty of the offence charged, the court shalldetermine and ascertain any civil liability; however, instead of pronouncing conviction, the court shall place
the CICL under suspended sentence without need for application.
E. Probation
Probation for a CICL who failed to rehabilitate while under suspended sentence.
F. Exemption
Exemption of the CICL from prosecution for crimes of vagrancy, prostitution, mendicancy, and sniffing of
rugby. Instead, the CICL shall undergo an appropriate counselling and treatment programme.
V. CONCLUDING STATEMENT
The treatment of offenders in the Philippines through the enhancement of community-based alternatives
to incarceration has been reformed in the last few years. The trend is towards using the holistic approachin strengthening the individualized community-based programme, in close adherence to the United Nations
Standard Minimum Rules for non-custodial measures, also known as the Tokyo Rules. The journey has

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been attended by some barriers but with the overall commitment, capability and collective effort of all
stakeholders, specifically, the human resources of the PPA, and the full support of its partners, local andforeign, much headway has been achieved.
The signals are quite clear that with the issues of continuity and sustainability duly addressed, theultimate goal of improved crime prevention and treatment of offenders will be within reach in the very near
future. As this happens, the PPA will be ready to execute the idea of establishing a research and training
institute that would largely focus on the effective modes and strategies of engaging the community in thetreatment of offenders and in the prevention of crimes.

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APPENDIX A
THE “CIRCLE OF SUPPORT”: RJ IN COMMUNITY ENGAGEMENT
AND VOLUNTEER RESOURCE DEVELOPMENT
Cecilia G. Dela Cruz *In 2003, the Parole and Probation Administration decided to revitalize its programme, which had
dwindled due to multiple factors. With the possibility of long-term support for the programme from JICA
(Japan International Cooperation Agency) and UNAFEI (United Nations Asia and Far East Institute [forthe Prevention of Crime and the Treatment of Offenders]), the agency set up a pilot project (that was later
converted into a Field Training Laboratory) that validated the processes and systems for volunteer resource
development.

I. COMMUNITY ENGAGEMENT AND THE RECRUITMENT OF VOLUNTEERS
When the team first went to the communities covered by the project in four municipalities in Laguna,i.e. San Pedro, Biñan, Sta. Rosa (now a city) and Cabuyao, the members were daunted. While it was easy togo through the process of recruitment and training of individual volunteers, and later organizing them into
teams, they realized that the programme needed to have a context. Community engagement then became anecessary process. This was also experienced by the other Field Training Laboratory set up in Bataan.
The team had to sort through different approaches and strategies to begin the process of community
engagement. At one point, they decided that it would be best to have as point of entry the issue of grassroots
participation. The difficult part was the identification of a conceptual framework on which to anchor theengagement.
After consultations, it was decided that the best conceptual framework would be Restorative Justice(RJ). Initially, the idea was simply floated in the communities, especially during the information drives
and dialogues with local community institutions. After enough curiosity had been aroused, more detailed
discussions of the concept were conducted. In these discussions, those involved realized that not only was RJ
a desirable objective, it was also identified as the most feasible focus for grassroots participation. Although
the form and process were not easy to determine, it was clear to see that as a concept, it would be easy tooperationalize because the communities saw that it was inherent in Filipino psychology and culture.
In the kapwa psychology of the Filipino, the “shared inner self” is pivotal in all interpersonal transactions.
Even in its ethics and philosophy, which is a combination of the behaviorist and humanist approaches, thepersonhood or inner self is of paramount importance. The idea of reconciliation as an end part of justice was
not difficult to accept; the Filipino believes that whatever he does to his fellow man is reflected unto himself.
This therefore paved the way for community engagement in pursuit of Restorative Justice.
The restorative process is relatively new in application, but it has existed as a principle ever since humanbeings thought of grouping themselves into communities. Restorative processes are particularly evident inindigenous cultures. It was only with the influx of Western thoughts and values into indigenous cultures likeours that there was a change in attitudes towards crime and offenders. Yet later on, the need arose for a morehumane system of dealing with crime. People began to recognize that there is a need to restore relationships
within a community.
Some advocates of RJ in different cultures worldwide had developed models in which they applied
restorative processes and values. Some of these are mediations, family group conferences, circles and* The author is a registered social worker who was Chaplaincy Program Assistant at the Bureau of Corrections for eight years.
She is a Chief Administrative Officer at the Parole and Probation Administration where she has been working for the lasttwelve years. She is also the Chief Facilitator for the In-Country Training Program for Volunteer Resource Development of the
PPA.

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community services. In the Philippines, there are groups advocating for the adoption of the restorative
process in dealing with crime. Just as other countries have seen the inadequacy of the retributive system,
there is now more enthusiasm for RJ in this country. The probation system has also considered adopting thisapproach.
The pilot project on the holistic approach to the rehabilitation of offenders used RJ as the conceptual
framework. It was determined that RJ is an important concept in rehabilitation because it involves thecommunity, which is the core characteristic of community-based corrections. By involving the community,
the broken relationship, which is a consequence of an offence, can be repaired and restored. The Volunteer
Probation Aides (VPAs) who participate in CS provide the empirical objectification of “community”.
But the restorative process remained a concept for some time. The main activities of the project
team focused on introducing the concept at the grassroots level. The responses towards the alternativeknowledge were very good. However, its application remained quite vague.
So far, the only form that has been tried in the pilot areas is the “Circle of Support”. In the modelthat was developed, the offenders were involved in drug abuse and illegal fishing. Although these cases
are labeled as “victimless crimes,” that is not exactly correct because whole communities were actually
victimized by the effects of these offences. The concept was crystallized with the help and advice of theprime advocate of Restorative Justice in the country, Brother Rudy Diamante. CS defines restoration as
moving forward, as a time to start healing. To foster healing means to have support. Around this thought
revolves the idea of the “Circle.” The volunteers from San Pedro, Laguna created a hybrid model that should
be suitable for a particular community and the particular crime and persons involved. In that sense, thiscircle model brought together clients of one community with similar offences. The team used one barangay
in San Pedro as the locus for the process. The problem in this community was drug-related.
The idea of the “Circle” is to bring about reconciliation between the offender and the community throughdialogue.

II. OPERATIONALIZING THE ‘CIRCLE’ AT GRASSROOTS LEVEL
The idea of the “Circle” is to bring about reconciliation between the offender and the community throughdialogue. The “Circle” is composed of the offender/s and two or more three persons of their choice who canprovide them with moral support during the dialogues, community representatives from the sectors mostaffected by the offence, the offender/s’ Volunteers Probation Aide/s (VPA) and Parole and Probation Officer/s (PPO), and local government officials who could provide follow-through rehabilitation services for theoffenders.
The restorative process began by preparing the participants of the Circle. Here, the offender will takeresponsibility for the negative effects of the crime he or she committed. Then, he or she may decide to makeamends for it in ways agreed on by the victims/community. Restoration thus begins.

A. The “Circle” in San Pedro, Laguna
The first “Circle” was organized by the team in a barangay in San Pedro, Laguna. It involved
three offenders from the community involved in drug abuse. They each had one or two “supports.”
Representatives from the local Catholic church, school and residents, as well as barangay officials and the
VPA and PPO, composed this “Circle”. As agreed, they met every other Saturday at the community chapel
after Mass (a Catholic religious service). There were a total of six sessions each, one of which lasted for anhour.
The first session was like a forum for all participants, especially for the community members. An
orientation on the concept, nature, goals and processes of Restorative Justice was conducted. The barangay
captain, probation officers as facilitators, volunteer probation aides (some of whom were barangay council
members), a representative from the local Catholic church, and representative from the local school
attended the said session.

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In the second session, two client-offenders attended together with the members of their personal
support system. One brought his brother; the other brought her cousin who is a Protestant pastor. The
volunteer probation aides handling their cases were also present. The process was held just after the 5:30
p.m. Mass in the San Roque chapel. The circle was comprised of 19 participants. The facilitator started withasking how the commission of crime affects anyone in the circle.
“It made me quiver as I walked back and forth inside the house while my son would bang himself against
the door of our house. I felt much fear”, said a participant-mother speaking about a son who was taking
drugs and who had brought its ill effects upon his family.
Other members soon spoke about their own plights. One shared her feeling as an aunt with a nephew
who turned violent every time he had hallucinations brought about by drugs. Others talked about othereffects of drug-related offences on the community. At one point, a volunteer went out of the room when
he heard noises outside the chapel and reported back that there was a drug peddler on the run. This
incident made the group see more closely the negative effects of illegal drugs on the community. More of
the participants expressed their individual sentiments. Having seen the impact of the offence, all of themrealized that they had a responsibility to be involved even in small ways in countering this kind of crime.
A discussion followed with the unfolding of a client’s experiences. He talked about his own dilemma of
being tagged as a drug-user. Some of his personal plans were disrupted, he said, because of his hesitation
brought on by the fear that he might be rejected by others once they found out about his wrongdoing in thepast. He said that it was like having a “lamat ” , or a flaw or stain on his personality.
Two volunteer probation aides even disclosed their previous addiction to drugs. They told about thehardship they underwent to change for the better. They stressed the value of self-motivation and support
from outside and noted that if they had been able to change, others could do it as well. They professed thatthey can be used as instruments to teach a lesson to those who are taking drugs and to help them change.
The discussion was fruitful. Only one client did not talk because of her personal reservations. The session,
which lasted about two and a half hours, closed with a challenge for the clients to continue to change. The
principle of confidentiality, which applies to every word spoken within the circle, was reiterated to theparticipants and upheld at all times.
Two weeks later, the third session was conducted. The same participants attended, with the addition ofa client and two representatives from the school and the absence of the two clients from the last session.
The facilitator started with the questions: “Is this activity worthy to be continued? Do you find any value inundergoing this? Is there a need for this Circle?” The responses were all favourable. The participants saw
the need to address the effects of drug addiction in their area. Aside from realizing the help that they could
extend simply by giving oral support towards an offender’s continuing change, the participants also saw the
Circle as a venue to air and resolve grievances.
In restoring the relationships broken by a crime, the offender should start with ownership and assuming
responsibility for the crime he or she committed. The victim and community then recognize this admittanceof failure on the part of the offender. Stigmatization would thus be eliminated. When the different parties
achieve openness, and total understanding of one another, making amends is then possible. The community
members had very positive takes on making amends. In fact, several members of the circle encouraged aclient to let the community see what she was doing to show that she had already changed. One suggestion
was for the offender to give testimonies about her experience with drugs; for instance, addressing pupils/
students in classrooms, to serve as an example to the rest of the community. The client was hesitant,however, to do something so public, and the rest of the circle participants understood and affirmed the valueof voluntary action on the part of everyone, including the offender.
On the other hand, drug abuse is the main offence classified as a victimless crime. Naturally, it is theoffender him or herself who is seen to have suffered from taking illegal drugs. But the external effects
of drug abuse also eventually affect the taker’s immediate family as well as the other members of thecommunity. It was thus decided that the community itself is victimized by this offence.

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B. The “Circle” in Orion, Bataan
A “Circle” was also organized in a fishing community in Orion, Bataan. The offenders were all involved
in illegal fishing. Participants in the circle were members of the community such as the “Bantay Dagat” , thelocal police and a representative from the Mayor’s Office, as well as the VPAs and PPOs of the offenders.
In the initial session of this “Circle,” the offenders were quite belligerent and initially insisted that they
merely resorted to illegal means of fishing in order to survive. It was easy to see that the issue was a conflict
between the law and what the offenders perceived as a right. This “Circle” holds regular sessions, evenafter the offenders have asked for forgiveness for their offence, with the hope that there will eventually be
closure in terms of an agreement between the offenders and the service providers on what specific services
they need as follow-through for their rehabilitation process.
As in the CS in San Pedro, the community church members in Orion had a strong influence in changing
the initial belligerence of the offenders to humility and hiya . Most of the offenders and their families became
involved in church fellowships. Slowly, Christian doctrine became fused with the idea of Restorative Justice.
The CS, as a model of Restorative Justice process that was tried and developed by the Field Training
Laboratories (FTL), is now being shared with other unit offices of the agency. Several more “Circles”
have been organized by the FTL in Laguna and have on-going sessions. The CS has thus evolved from atheoretical model into an initiative started within a community. With the participation of the community
members and their responses to the process, the goal of having a peaceful society is deemed realizable byreconciling and restoring relationships. After all, our indigenous culture of eternal and communal support
towards each other has existed a long time. It is all a matter of looking back to our roots.

III. SUMMING UP:
BUILDING COMMUNITIES THROUGH PARTNERSHIPP WITH VPAs
Based on the experiences in the Laguna and Bataan FTLs, the following insights were gained:
1.	There is a set of preparatory activities that need to be carried out before starting a “Circle ofSupport”, such as the following:a. Client’s orientation on the process and expectations;b. Meeting with VPAs;- presentation of client’s concerns and issues;- identification of community members who will participate in the “Circle”;
c. Enlisting the support of the other participants in the process;d. Setting the first session in a venue that is conducive to serious discussion;e. Engaging the community with the VPA as a participant.
2.	The following roles of the VPA in the process were identified:a. In establishing the “Circle”:- identify and recommend the proper authorities and community members who will comprisethe “Circle”;- assist the PPO in advocating and co-ordinating the preparations;- assist in preparing the clients for the sessions.
b. In sustaining the process:- act as moderator and facilitator;- act as a resource person;- be a catalyst for community support;- be part of the client’s support system.
3.	Prospects
a. It is possible to turn over the “Circle” to the community with the VPAs as facilitators;
b. A real community engagement takes place when the community has realized that it is
responsible for sustaining the initial steps taken by the client towards reformation.

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4.

Long-term impact
a. Full reintegration of the client into community life;b. Prevention of crime and recidivism.

In essence, the CS is all about relationships. Persons bond with one another through their common
humanity. But when someone commits a crime, harm is done and links are broken. The victim reacts withresentment, and often, with fury. People in the community usually stigmatize the offender. For many years,
the answer for every crime committed has always been punishment. As a result, the offenders were often
isolated from the rest of the community. This is the retributive system of justice. Looking at it superficially,
it is very logical to be punitive. But as people became more understanding of each other’s humanity,
alternative ways of thinking flourish, such as that of Restorative Justice.
The RJ perspective says that “crime is suffering, and the end of crime is possible only with the end of
suffering.” Thus, the answer to crime is not punishment, but healing and restoration.

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VISITING EXPERTS’ PAPERSREFERENCES
Catholic Bishops Conference of the Philippines – Episcopal Commission on Prison Pastoral Care (2004).
“Restorative Justice: A Source Book,” 2004.
Co, Manuel G. (2008). “An Assessment of RD’s Restorative Justice Program in the Parole and Probation
Offices of Bataan, Sta. Rosa City and Baguio City.” Unpublished Master’s Thesis, National Defense Collegeof the Philippines, Quezon City, October 2008.
Diamante, Rodolfo S. and Cesar G. Banaag, eds. (2007). Justice that Heals: Forgiveness andReconciliation. Manila: Coalition Against Death Penalty (CADP).
National Police Commission – Technical Committee on Crime Prevention and Criminal Justice (2008).
2008 National Crime Prevention Plan.
Parole and Probation Administration (2008). Operational Plan for Calendar Year 2008.
Parole and Probation Administration (2008). 2008 Annual Report, January 2009.
Parole and Probation Administration National TC Team. “Realigned Therapeutic Community Program:
Revised TC Manual, Phase I to IV.,” A Manual for Agency Implementers, 2005.
Perfas, Fernando (2002). The Process of Building a Therapeutic Environment. New York: By the Author.
Presidential Decree No. 968. “Establishing a Probation System,” July 24, 1977.
Presidential Decree No. 1508. “Establishing a System of Amicably Settling Disputes at the Barangay
Level.” June 11, 1978.
Republic Act No. 9344. “An Act Establishing A Comprehensive Juvenile Justice and Welfare System,”
April 28, 2006.
Supreme Court of the Philippines (2003). “Strengthening the Other Pillars of Justice through Reforms in
the Department of Justice.” A Diagnostic Report, February 2003.
Supreme Court of the Philippines (2006). “Medium-Term Development Plan for the Criminal Justice
System (2007-2010)”. Final Report, December 2006.
Toch, Hans, ed. (1980). Therapeutic Communities in Corrections. New York: Praeger Publishers.

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