KATARUNGAN PAMBARANGAY (VILLAGE JUSTICE) – THE
SOUL OF THE PPA’S INDIVIDUALIZED, COMMUNITY-BASEDRESTORATIVE JUSTICE PROGRAMME
Dr. Manuel Golloso Co *I. DEFINITION OF TERMS
1. Restorative Justice is a process through which remorseful offenders accept
responsibility for their misconduct to those injured and the community that, in
response allows the reintegration of the offender into the said community. It creates
obligation to make things right through proactive involvement of victims,
ownership of the offender of the crime, and the community in search for solutions
which promote repair, reconciliation, reempowerment, and reassurance.
2. Restorative Justice Programme means any programme that utilizes restorative
processes or aims to achieve restorative outcomes.
3. Restorative Process means any process in which the victim, the offender, and/or
any individual or community members affected by a crime actively participate
together in the resolution of matters resulting from the crime or offence, often withthe help of a fair and impartial third party.
4. Restorative Outcome means any agreement obtained as a product of a restorative
justice process.
5. Restitution is a process upon which the offenders accept accountability for thefinancial and/or non-financial losses they have caused to the victim.
6. Community Work Service is work performed without compensation by an
offender for the benefit of the community as a formal or informal sanction.
7. Parties or Stakeholders mean the victim, the offender and the community affectedby a crime that may be involved in a restorative justice process.
8. Facilitator is a third party who is fair, honest and impartial, whose role is tofacilitate the restorative processes.
9. Victims are those who are directly injured or affected by the crime committed.
10. Community is a stakeholder who is indirectly injured or affected by the crimecommitted.

CESO I, Former Administrator of the Parole and Probation Administration; Former Member of the Boardof Pardons and Parole; President, Integrated Correctional Association of the Philippines; President, Crime
Prevention Practitioners Association of the Philippines (ACPF Philippine Chapter).

*- 139 - 139 -11. Offenders are clients of the Parole and Probation Administration who were granted
probation, parole or conditional pardon.
12. Mediation is a voluntarily process facilitated by a Mediator, with conformity toachieve voluntary agreement through communication and negotiation regarding the
dispute.
13. Conciliation a process facilitated by an impartial conciliation to act as intermediaryto open the line of communication between disputing parties with the objective toresolve their disputes.
14. Arbitration is a voluntary dispute resolution process facilitated by one or more
arbitrators, appointed in accordance with the agreement of parties or rules
promulgated pursuant to law, resolve a dispute by rendering award (Section 3(d))
RA 9285.
15. Complainant is a party filing complaint before the Lupon or Pangkat.
16. Respondent is a party being complaint before the Lupon or Pangkat.
17. Katarungan Pambarangay is a system of justice administered at the village level
for the purpose of amicable settling of disputes through mediation, conciliation or
arbitration without resorting to Courts of Law.
II. INTRODUCTION
The development of criminal justice is a clamour of society to achieve public justice.
Public Justice is the forerunner of punishing law violators by depending on prison as a wayof dispensing justice. In the past, private justice is characterized as a private vengeance,
and which assume that prison is less punitive and more humane. In reality, private justice,in broader context is not necessarily private, and does not necessarily involve vengeance.
This, however, contributes to explore other ways of dispensing justice and now thedevelopment of private restorative justice. Private in the sense that persons affected by the
impact of crime decided to meet together, voluntarily and actively participate in the
resolution of their differences.
III. PRISON AND HUMAN RIGHTS
A basic postulate which is almost always present in all fundamental laws of every stateis that “No person shall be deprived of life, liberty or property without due process of law
or be denied the equal protection of law.” 1
As defined in the Criminal Justice System, Philippine Criminal Law is a branch ordivision of law which defines crimes, treats of their natures and provides for theirpunishments (12 Cys.129). 2
1
2

Philippine Constitution of 1987, Article III.
The Revised Penal Code, Criminal law, Book I by Luis B. Reyes, Article I, 19th edition, 2017, page 1.

- 140 - 140 -By definition, criminal law is a product of a Classical School of thought established toprotect the society through the imposition of a State standard punishment anchored on
retribution or punitive justice. The idea of retributive justice, in the words of Justice
Melecio-Herrera, rests on some dubious, interesting and intriguing assumptions. 3 First,
Justice can be done by making the offender worse off (though imprisonment or execution);
Second, there is a reasonable manner of determining the “just dessert” of criminal conduct
in terms of prison sentences; and Third, the issue of justice is addressed by evaluating past
event (crime committed). The focus therefore is on individual guilt and guilt is whatjustifies punishment. The victim, the raptured public order, the offence, all these recede to
oblivion while the full attention is on the “just dessert” that the criminal deserves.
Deprivation of liberty, as a penalty is a costly intervention, and has a lot of added
dehumanizing effects. In our country, prisoners are forced to survive under the worst
conditions. The requirement of minimum standards for the treatment of prisoners arecompletely not observed, and the effects:
1. Congestion in confinement facilities aggravated by subhuman conditions due toinadequate supplies and services;
2. Lack of rehabilitation and intervention programmes to help prisoners improve or
acquire social, economic and other life skills in preparation for their rejoining
society;
3. Reported human rights violations;
4. Failure to provide adequate facilities and services to prisoners differently able andwith special needs;
5. Unfair/unequal treatment of prisoners tilting to favour influential and prominent
personalities deprived of liberty;
6. Jail/prison disturbances ushered by the existence of underworld organizations andother syndicates;
7. Absence of an effective reintegration programme for released offenders,
particularly those who have been discharged from prison after completely serving
their sentences;
8. Failure of administration of justice as private offended parties are unable to becompensated for their damages; and9. The community or the raptured social fabric issues and problems are notappropriately handled and therefore unresolved.

The Criminal law Context of Restorative Justice by Justice Ameurfina Melecio-Herrera, published in the
CBCP ECPPC Pagkalinga 25 years of Prison Pastor core 1975-2000.

3- 141 - 141 -IV. ALTERNATIVE WAY OF JUSTICEAn Act of Providing For A Local Government Act of 1991, specifically chapter 7,
Section 399 to 442, 4 provides the landscape of Katarungan Pambarangay (Barangay
Justice). It paved the way to establish a means a settling of disputes in the village level andlessening the caseloads of the Courts and other Agencies in the Justice System.
The Philippine Society is described as a highly personal and intimate community of“interrelated persons” of which the present political unit is structured. The most dominantcharacteristic of Philippine Society is the encompassing influence of close personal
relations upon almost any conceivable human dealings or transaction. 5 With that, sincecrime or conflict happen in the context of the intricate web of personal relationships,
adversarial and retributive conflict resolution methods such as litigation are usually notsuitable.
In an association of people, what controls them is the degree of connectedness; ofrelationship, anchored on common and shared interest and a sense of connection based onthat shared interest. These bonds of common feelings constitute “communitarian
existence.” 6
When a crime or conflict is committed in a community, the assumption is that three (3)relationships are disturbed:
1. Relationship between victim and the offender;
2. Relationship between offender and the community; and sometimes
3. Relationship between the victim and the community.
The three stakeholders are affected by the impact of crime or conflict, and relationshipis disturbed, and deserve to be addressed appropriately. The offender should be accountableto rectify/correct a wrong committed and restitute whatever damages are inflicted(Accountability). 7 The victim deserves to be compensated and be empowered again(Competency Development). The community deserves an orderly and peaceful society(public safety).

Presidential Decree No. 1508, The Katarungan Pambarangay Law of the Philippines, promulgated inJune 1978, and further amended by Republic Act No. 7160, An Act of Providing For A Local Government
Act of 1991, Chapter 7, Section 399 to 442.
5
Pe, C and Tadiar, A (1982),(Ecls) International Survey of Conciliation system,Sosmena, J 88 APOM
Papers at 291. Cited in the Barnes Paogram or conlict Resolution Working Papers.
6
National Institute of Correction, US Department of Justice: Restorative Justice Principles, Practices and
Implementations (1983), a Resource for state and local corrections
7
An assessment of the Implementation of PPA’s Restorative Justice Program in the Parole and Probation
Administration Offices of Bataan Province, Sta. Rosa City and Baguio City submitted to the National
Defense College of the Philippines, by Manuel G. Co, page 33.
4- 142 - 142 -V. KATARUNGAN PAMBARANGAY (KP) – ASCENDANT OF DOJ-PPARESTORATIVE JUSTICEThe KP System (Village Justice) was institutionalized under Presidential Decree No.
1508, which took effect on 30 December 1978. 8 Its real intent is to recognize the cultural
heritage of the Filipinos, where differences among people are not resolved through a formal
or adversarial manner, but by means of an effective problem-solving mechanism ofnegotiation, mediation or conciliation. This is a time-honoured tradition of the Filipino
people rooted on our historical background. 9 The essential objective is to achieve apeaceful and harmonious resolution of conflicts anchored on Filipino values which wetreasured most like: pakikisama (community spirit); Utang na Loob (debt of gratitude) andkinship. In addition, relevant values such as pakikipagkapwa-tao (human relation),pakikiisa (unifying spirit), generosity and helpfulness, love and caring, respect, strong
family and community ties, and other sets of values that a majority of Filipinos endeavour
most in their lives.
VI. LUPON-TAGAPAMAYAPA-KATARUNGAN PAMBARANGAY (VILLAGEJUSTICE)A system of settling disputes or differences operating in all barangays in the country
with the objective to promote, among others, the speedy and effective administration ofjustice, by laying the ways to amicably resolve personal and family differences among
barangay members which considerably reduced the bloating of court dockets.
The Katarungan Pambarangay is put to flesh by a “Lupon Tagapamayapa” to solve
disputes within the village level before going to court. It consists of 10 to 20 members in
the Barangay and chaired by the Barangay Chairman (Village Chief). The Members of the
Lupon shall possess the following qualifications: Residing or working within the village;
possess integrity; impartiality; independence of mind; sense of fairness; reputation; and notdisqualified by law.
If there are matters involving questions of law, the provincial, city legal officer or themunicipal legal officer or prosecutor shall provide legal advice on matters of questions oflaw whenever necessary.
The Lupon of each barangay has the power to settle disputes with the following
exceptions:
1. Where one party is the government or any subdivision or corporate body;
2. Where one party is a public officer or employee, and the disputes relate to theperformance of official functions;3. Offences where there is no private offended party;

A Guide to the Katarungan Pambarangay System by: Atty. Gregorio Austral, Philippine Center for Civic
Education and Austral Democracy.
9<https://owlcatron.com>social-services>.
8- 143 - 143 -4. Offences punishable by imprisonment of more than one (1) year or a fine of Five
Thousand Pesos (P 5,000.00);
5. Where conflict involves real property located in different cities or municipalities
unless the parties agree to submit their differences to the settlement by the Lupon;
6. Conflict involving parties who actually reside in Barangays (Village) of different
cities or municipalities, except where Barangay (Village) units adjoin each otherand the Parties agree to submit their differences; and7. Such other classes of disputes which the President may determine in the interest of
Justice or upon recommendation of the Secretary of Justice.
A. The Three Components of KP 10
1. Lupong Tagapamayapa
2. Pangkat ng Tagapagsundo
3. Legal Advisers
Components of Katarungan Pambarangay 11

Lupon
Tagapamayapa(Peace Making
Council)

Pangkat ng
Tagapagkasundo

Legal Advisers(Conciliation
Panel)

B. Pangkat ng Tagapagkasundo (Conciliation Panel)
It is a panel composed of three (3) members who are chosen by the parties to the disputefrom the list of the members of the Lupon (Council). In case the parties fail to agree on thepangkat membership, the same shall be determined by lots drawn upon by the Lupon
Chairman.

<http://zabalketa.org>upload>Guideto theKCP2016/02Zalbaketa>.
Zabalketa.org>2016>02>Gu, Chapter 2, A guide to the Katarungan Pambarangay, by Atty. Gregorio
Austral, Philippine Center for Civic Education and Democracy page 6.

1011- 144 - 144 -C. Who Is Disqualified from Membership in the Pangkat
1. Relationship
2. Bias
3. Interest
4. Any other similar ground
D. Lupon/Pangkat Authority
Basically, the Lupon and the Pangkat have no power to punish parties and theirwitnesses for contempt as it is only an inherent power of the Courts of Law. 12 However,the Lupon and the Pangkat, may file an application to cite any party or witness who refuses
to appear without justifiable reason to cite uncooperative personalities for indirect contempt
before a Court of Law. If found guilty, the person cited may be fined not exceeding Five
Thousand Pesos (P 5,000.00) or imprisonment not exceeding one (1) month, or both.

Complaint

Mediation
before the
Lupon Chairman

Conciliation
thru Pangkat

Settlement isreached

Failure to settle

Execution of
Agreement

No settlement isreachedFiling of
Criminal
Complaint with
Certificationthat No
Settlement isreachedCase Filed

E. Stages of KP
The Katarungan Pambarangay (KP) has three stages as shown below 13:
1. Mediation
2. Conciliation
3. Arbitration

Mediation

Conciliation

Arbitration

Zabalketa.org>2016>02>Gu, Chapter 4, Chapter 2, A guide to the Katarungan Pambarangay, by Atty.
Gregorio Austral, Philippine Center for Civic Education and Democracy page 39.
13
A Dissertation entitled “The Barangay Justice System in the Philippines: Is it an Effective Alternative to
Improve Access to Justice for Disadvantaged People?” Silvia Sanz – Ramos Rojo, September 2002.
12- 145 - 145 -F. Pre-Condition to Filing of Complaint Before the Court of Law
Katarungan Pambarangay is not a Court of Law as duly recognized by theConstitution. 14 It is an innovation of the Philippine Justice System to usher the resolutionof disputes at the Barangay (Village) level to achieve peace and harmony and likewise to
be an accessible and effective form of achieving justice without resorting to adversarial
proceedings.
G. Consequences of Non-Appearance
Upon the non-appearance of the complainant, the Lupon may dismiss the complaint
and its dismissal shall bar the complainant from seeking any judicial recourse for the samecause of action. 15 On the other hand, the non-appearance of the respondent may bar the
respondent from invoking counterclaims caused by or necessarily connected with the action
filed by complaining party and, if invoked, may be dismissed. Its dismissal shall bar the
subject respondent from filing a counterclaim in court. Likewise, unreasonable nonappearance may be a ground for issuance of a certification to file action and as consequence
wilful failure or refusal may be a ground for citation for indirect contempt of court.
VII.

BASIS OF RESTORATIVE JUSTICE IN THE PPAThe United Nations Commission on Crime Prevention and Criminal Justice (ECOSOC)
through draft Resolution recommended to the UN Economic and Social Council the
adoptions of the “Basic Principles on the Restorative Justice Programme in Criminal
Matters.” 16 The said document is a formulation of UN standards in the field of mediation
and restorative justice. The Philippines being a signatory, ensured the adoption of thisresolution in its law and procedures.
In the Philippines, the restorative paradigm become an alternative mode of settling
disputes in all areas of legal, political, economic, environmental, social and even in
administrative proceedings. 17 In a post-conviction, the Parole and Probation
Administration (PPA) adapted restorative justice as a way to reintegrate offenders byreconciling with the victim and the community, and the opportunity to make things right.
Restorative Justice is founded on four (4) key values 18:
1. Encounter: Create opportunities for victims, offenders, and the community
members who voluntarily decide to meet together and discuss the crime and its
aftermath;
2. Amends: Expect offenders to admit accountability and take steps to repair harmthey have caused;<http://www.unafei.or.jp>topic3>.
Zabalketa.org>2016>02>Gu, Chapter 4, A guide to the Katarungan Pambarangay, by Atty. Gregorio
Austral, Philippine Center for Civic Education and Democracy page 40.
16
ECOSOC Resolution 2000/14,UNODC.E/2000/INF/ADD.2at35(2000)teoppo
17
An Assessment of the Implementation of PPA’s RJ Program in the Parole and Probation Offices of
Bataan Province, Sta Rosa City and Baguio City (2008).
18“Working For Justice That Heals (2006)” A Source Book of Prison Ministry, Published by the Catholic
Bishop Conference of the Philippines-Episcopal Commission on Prison Pastoral Care (CBCP-ECPPC)(Source: Daniel Vann Noss).
14
15- 146 - 146 -3. Reintegration: Seek to restore victims and offenders as a whole and help them
become contributing members of society; and4. Inclusion: Provide opportunities for parties with a stake in a specific crime toparticipate.
A. Supervision and Treatment Components
The Parole and Probation System (DOJ-PPA) is a line-bureau type of organization
established under the Department of Justice in the Philippines. In carrying out its mandate,
the Administration is organized into sixteen (16) Regional Offices, and as of December
2019, it has 227 City and Provincial Field Offices strategically located all over thePhilippine Archipelago.
The Agency twin-concepts of corrections such as way to alternative treatment ofoffenders through probation or suspended sentence or as a re-entry intervention like paroleand pardon with parole conditions, are the significant mandate of the Agency. The central
goals of community corrections is to enhance the safety of the State and its citizens by
preventing reoffending of offenders and making them productive and law-abiding citizens.
The “flesh and bone” of the community-based correction of offenders is its treatment
intervention. The Agency adapted a three (3) pronged approach in the treatment ofoffenders with Restorative Justice as its philosophical foundation, Therapeutic Community
Ladderized Program as its major treatment modality, and volunteer mobilization as its leadcommunity resources.
B. Restorative Justice
My discussion will just centre on Restorative Justice as the philosophical foundation of
the Agency in reconnecting and integrating offenders into the mainstream of thecommunity.
The Agency’s Restorative Justice programme treats crime as a violation of people andright relationships. It creates an obligation “to make things right and to right the wrong”
committed through proactive involvement of victims, ownership of crime by the offender,
and the participation of people in the barangay (Village) as community resource.
With this, the Agency Restorative Justice programme is inspired by the Katarungan
Pambarangay (KP) or Village Justice. The intervention is to elevate or allow the importantparticipation of the victims and the community leaders and members through their more
active involvement in the justice process, holding the offender directly accountable to thepeople and providing a range of opportunities for dialogue, negotiation and problem
solving, which can lead to a greater sense of community safety, social harmony and peace
for all.
RJ in the heart of the Agency mandate anchored on Communitarian Spirit of Justiceand sense of Community relation to address the disturbed relationship as it hurts people
and their connections with each other.
By way of illustration, please see below:- 147 - 147 -Crime or conflict hurts people and relationships. The three stakeholders are disturbed
by the impact of crime or conflict; therefore, their relationship is affected, and they deserve
the end-goals of restorative justice. The client-offender should be accountable to correct
his or her mistake, and restitute whatever damages were inflicted (accountability). The
victim has to be compensated and be empowered again (competency development). The
community and its inhabitants deserve an orderly and peaceful society (public safety).
The DOJ-PPA’s role, through its provincial and City Field Offices, is very vital in theimplementation of the RJ programme with respect to its clientele who are in the process ofsupervised rehabilitation and reintegration. The RJ programme, which has implications on
the total efforts in the rehabilitation and reintegration of offenders, has vital national
consequence on the evolving issues of human rights and social justice. These offenders, if
not properly managed, and if the appropriate treatment is not implemented, certainly havean impact on national security.
Restorative justice emphasizes the importance of elevating the role of the victims andthe community members through more active involvement in the justice process, holding
offenders directly accountable to the people they have violated and providing a range
of opportunities for dialogue, negotiations, and problem solving, which can lead to agreater sense of community safety, social harmony and peace for all.
1. Three (3) Fundamental Principles of Restorative Justice
Crime is more than law breaking:i. therefore, victims, offenders and the affected communities should haveopportunities for active involvement in the justice process as early and fully as
possible;ii. justice therefore, requires that all stakeholders should work to heal victims,
offenders, and the communities who have been affected;- 148 - 148 -iii. therefore, we must rethink the relative roles and responsibilities of the government
and the community. In broad terms, in promoting justice, government is
responsible for preserving just order, and the community for establishing just peace.
2. The Basic Elements of Restorative Justice•Encounter: Create opportunities for victims, offenders and the community members
who want to meet and discuss the crime and its aftermath;•Amends: Expect offenders to take steps to repair harm they have caused to their
victims;•

Reintegration: Seek to restore victims and offenders as a whole and help them
become contributing members of society; and•Inclusion: Provide opportunities for parties with a stake in a specific crime toparticipate in the resolution.

3. The Goals of Restorative Justice•Exert effort to appropriately respond to the victim’s harm;•

Accordingly hold offenders accountable;•

Reduce the revictimization;•

Improve active involvement and cooperation of victims; and•Protect and empower victims.

4. The Benefits of Restorative Justice•

It views criminal acts more comprehensively: rather than defining crime only as
lawbreaking, it recognizes that offenders harm victims, communities and eventhemselves;•

It involves more parties: rather than giving key roles only to government and theoffender it includes victims and communities as well;•

It measures success differently: rather than measuring how much punishment has
been inflicted, it measures how much harm has been repaired or prevented;•

It recognizes the importance of community involvement and initiative in responding
to and reducing crime, rather than leaving the problem of crime to the government
alone.

- 149 - 149 -5. The Objectives of Restorative Justice•

To proactively involve the community to support and assist in the rehabilitation of
victims and offenders;•

To attend to the needs of the victims, survivors and other persons impacted by thecrime as vital participating stakeholders in the criminal justice system, rather thanmere objects or passive recipients of service or intervention that may be unwanted,
inappropriate or ineffective;•

To reintegrate offenders to the social mainstream and to encourage them to assume
active responsibility for the injuries inflicted on the victims and the community;•

To ultimately heal the effects of the crime or wrongdoing suffered by the respective
stakeholders; and•To prevent further commission of crime and delinquency.

6. Comparison of Retributive and Restorative JusticeRETRIBUTIVE JUSTICERESTORATIVE JUSTICEState and Community
Crime is an act against the State; a Crime is an act against an individual
violation of law; an abstract idea.
person and/or the community
Control of crime lies in the criminal
Control lies in the community
justice system
CommunityisperipheralasCommunity as a facilitator in the
represented by the State through therestorative process
court, prosecution and defence attorney
Offender and Victim
Reliance on justice professionals

Direct participation by the stakeholders

Victims are central to the process ofresolving a crime
Focus on establishing guilt and the law Focus on problem solving regarding
violated by looking at the past (Did liabilities/obligations by looking to thehe/she do it?)future (What should be done?)
Responsetoaddress
harmfulResponse to address offender’s pastconsequences of offender’s behaviour;emphasis on the future
Victims are peripheral to the process

Relationship
Emphasis on adversarial relationship Emphasis on dialogue and negotiation(win-loss)(win-win)
Accountability- 150 - 150 -Crime is an individual act with Crime has both individual and social
individual responsibility
dimensions of responsibility
Accountability is defined as assuming
Offender accountability is defined as
responsibility and taking action to
taking punishment.
repair the harm.
Punishment alone is not effective in
Punishment is effective; threat ofchanging behaviour and is disruptive topunishment deters crime; punishmentcommunity harmony and goodchanges behaviour.
relationships.
VIII. VICTIMS OF CRIME
A. Victimology
Victimology is the scientific study of victimization, including the relationships between
victims and offenders, the interactions between victims and the criminal justice system –the police, prosecution, court and corrections services – and the connections between
victims and the other social groups and institutions. In RJ, no such classification of
victimless crime is acceptable, because all crimes have direct or indirect victims and eventhe offender is also in broad terms considered a victim.
In reality, the issue of victimization is an encompassing issue that involves not just thedirect victims, but likewise the indirect victims who have suffered the effect ofvictimization. The traditional justice system does not recognize the suffering of theseindirect victims like the members of the family of the complainant (victim), and thecommunity that are affected.
Restorative efforts shifted the definition of a case from an offender-based focus tovictim-focus, and likewise change the nature of the intervention to humanize and transformthe means by which community safety, accountability, competency development andhealing of victims is achieved. The community, a side stream victim, facilitates the process
through participative dialogue, and responds to present and future needs and obligations ofstakeholders. In the case of the offender, restorative efforts are directed towards “righting
the wrong” committed, and voluntarily understanding harm from the other person’s pointof view; recognizing the fact that he or she has choices; taking steps to make changes forthe better so that it will not happen again. To a victim, the above are his or her possible
expectations and will satisfy his or her craving for truth and justice thereby reducing thechronic and catastrophic stressors that traumatized the victim.
B. 10 Fundamental Victim’s Rights in the UN Declaration
1. The fundamental rights for victim to be treated with compassion and the dignity ofthe victim to be respected.
2. The right of the victim to receive information.
3. The right of the victim to provide information to the authorities; that is it allows forthe views of the victim to be presented and considered in the course of criminal
proceedings.

- 151 - 151 -4. The right of victims to have proper assistance throughout the legal process.
5. The right of victims to protection of privacy and physical safety.
6. The right of victims to participate in any formal dispute resolution (restorative
justice was not included in the 1985 UN Declaration).
7. The right of victims to social assistance.
8. The right of victims to restitution by the offender.
9. The right of victims to state compensation.
10. The right of victims that the State should build partnerships between government
agencies, NGOs, and civil society to promote victims’ rights.
IX. STAGES OF RESTORATIVE JUSTICE
Restorative justice, as a new model of balanced justice, is globally emerging andexperiencing remarkable growth of awareness and interest as a newly discovered
correctional theme, guiding framework or paradigm shift ultimately focused to promoteand encourage active involvement of the three (3) stakeholders in a crime situation,
specifically the victim, offender and the community. As an emerging concept, the treatmentof crime is future oriented, and it affords the stakeholders a chance to be heard andparticipate in the making of a better and brighter future by arriving at a solution which
promotes repair, reconciliation, reassurance and re-empowerment.
A. Investigation Stage
This starts the introduction of RJ concepts and processes to victims and their family
and the community. Probation and Parole Officers get in touch with the victim and thecommunity to listen to the victims’ version of the offence, the effect of victimization on
their lives, families, future, and plans to overcome the impact of victimization should begiven importance in the RJ process. Likewise, obtaining victims’ suggestions on how thedamage/harm inflicted by the crime could be repaired, and accordingly healed. Soliciting
stakeholders’ interest for their introduction to the restorative process shall commence
during this stage.
B. Supervision StageAn RJ programme (e.g. payment of civil liability or any RJ outcome as a result of an
RJ process during the stage) should be part of the condition of client’s conditional release
incorporated in his My Personal Development Plan (MPDP) previously called Supervision
Treatment Plan (STP).
C. Basic Guide for the DOJ–PPA Restorative Justice Practitioner•

The Parties should be brought within the programme of their own free will. Parties
should have the right to seek legal advice before and after the restorative process;- 152 - 152 -•

Before agreeing to participate in the restorative process, the parties should be fully
informed of their rights, the nature of the process, and the possible consequences of
their decision;•

Neither the victim nor the offender should be induced by unfair means to participate
in RJ processes or outcomes;•

Where no agreement can be made between the parties, the case should be withdrawn
from the restorative process;•In the event agreement was reached by the parties, it should be put in writing togive substance/essence to the agreement. The failure to implement any provision of
the agreement made in the course of the restorative justice is a basis for thewithdrawal of the case from the programme; and•Discussion and disclosure made during the process shall be treated with strict
confidentiality and shall not be disclosed and used against the parties involved.

D. Supervision Process with Restorative Justice Impact
1. A Probation and Parole Officer individually assigned to handle investigation andsupervision caseloads shall act as RJ planner. As such, he/she has the following
responsibilities:
a. Identifies and recommends to Chief Probation and Parole Officer (CPPO) a
potential case for a peacemaking encounter;b. Conducts dialogue to explore together the possibility of the RJ process;c. Coordinates/collaborates with responsible members and leaders ofcommunity for their participation in the conference;d. Serve as facilitator of the conference;e. Assists in the healing process of stakeholders based in the STP;
f. Prepares case notes reflective of RJ values utilizing the following points:
i. Impact of crime and effect of victimization;
ii. Victim inputs and involvement opportunities;iii. Offender opportunity to take direct responsibility for the harm.
2. A chief Probation and Parole Officer shall have the following responsibilities:
a. The CPPO approves the case for a Peace Encounter Conference and issues
office order;- 153 - 153 -b. Monitors plans and agreement for implementation achieved during theconference and sets direction to realize success of the process.
3. Volunteer Probation Assistants (VPAs) have the following responsibilities asassigned or designated by the CPPO or OIC:
a. Work in close consultation and cooperation with the Supervising Officer inthe conduct of the RJ process;b. Keep all information about the supervisee in strict confidentiality;c. Make reports of activities in relation to the RJ process;d. Denote a substantial and quality time for supervision of clients;e. Act as resource individual, as donor, lecturer, speaker, organizer,
coordinator, facilitator, mediator and planner for RJ activities;
f. VPAs assigned to supervise clients may be deputized to secure a Circle ofSupport venue, provide refreshments, etc.;
g. Endeavour to heal the victim, client and community relationships; andh. Attend RJ activities as may be required.
E. Ground Rules to Ensure Order during the Restorative Justice Process
1. When somebody is talking, participants are expected to listen and refrain frominterrupting.
2. When a participant wants to be heard, he should raise his hand and wait until the
mediator/facilitator recognizes him to speak. Likewise, a participant should be
advised to remain seated throughout the process and may only stand when
acknowledged by the facilitator or mediator.
3. Participants are asked to refrain from saying foul or vulgar statements or making
unnecessary comments.
4. Cell phones or any gadgets which may disturb or disrupt the process must be turnedoff.
5. Sharp or pointed objects and any deadly weapon are not allowed inside the activityroom.
6. All matters discussed are to be kept confidential.
F. Four Sequential Objectives
During and at the conclusion of the restorative sessions, the stakeholders on any RJ
process should:- 154 - 154 -1. Admit the harm inflicted. When crime happens there is damage to the stakeholders(e.g. broken relationships, physical harm etc.). This realization is essential for theoffender as he needs to reach that point of accepting the fact that he had caused
harm. Thus, it is important for the facts to be discussed carefully.
2. Share and understand the harmful effects of the crime. Sharing feelings about what
happened can promote openness to the stakeholders. Personal liberation can beachieved and every incident properly discussed can transcend perspectives.
Differences are levelled off as feelings are expressed to one another.
3. Agree on terms of reparation. An agreement entered after undergoing the processof careful dialogue and discussion is an indication of a successful encounter. Stepsfor total reconciliation with the victims are laid down through the terms stipulated
in the agreement of the parties. This also provides re-employment of the
stakeholders who were previously degraded by the crime.
4. Understand future behaviour and plan actions. This is carrying out of the plans for“amends”. Renewed behaviour and actions of the offender signify his remorse forthe crime committed and that he is working towards righting the wrongs of the past.
This ensures that the reforms implemented are genuine.
G. DOJ – PPA’s RJ PROCESSES
1. Mediation
Mediation is also known as VOM (Victim-Offender-Mediation). It is a form ofalternative dispute resolution (ADR), a way of resolving disputes between parties withconcrete effects. Typically, a third stakeholder, the mediator, assists the parties to negotiate
a settlement. The mediator may moderate disputes in a variety of fields, such ascommercial, legal, diplomatic, interested victim/s an opportunity to meet the offender in asafe and structured setting, and engage in a mediated discussion of the crime. In mediation
for criminal cases, a neutral third party provides a bridge for dialogue between Victim andOffender.
2. Conferencing
Conferencing is a voluntary, structured meeting between offender/s, victim/s and/or
both parties’ family and friends, in which they address consequences such as restitution
and other outcomes.
a. Family Conferencing – composed of different members of the family;b. Group Conferencing – composed of the victim’s and the offender’s support groups.
3. Circle of Support
Circle of support (COS) is a model of RJ which provides an opportunity for victims,
offenders and community to discuss the crime, and its aftermath, particularly its effects on
the relationship in the community. It also provides opportunities for stakeholders toparticipate in its resolution and expects offenders to take steps to repair the harm they havecaused. Its ultimate objective is to restore broken relationships among the victims,
offenders and community.

- 155 - 155 -Circle of support can be considered as an appropriate RJ Model in the communitybased treatment of offenders because of the active involvement of community as
represented by the Volunteer Probation Assistants (VPAs) or other members such as but
not limited to barangay officials in the process. The success of the Circle of Support lies
not only on the skill of the facilitator, but more importantly, on the readiness and opennessof parties – (victims, offenders, supporters and community representatives) to cometogether and to collectively decide on what can be done to repair and restore broken
relationships among the stakeholders.
The role of the Probation and Parole Officer is only to facilitate the process. We want
the community to eventually own the model and espouse or use any of the other RJ
processes as tools in healing broken relationships among its members. With this end inview, the stakeholders will hopefully benefit from the results thus, rendering thecommunity as the strongest pillar of our criminal justice system.
X. INDIGENOUS PRACTICES
A. Guidelines and Principles for Indigenous Practices
1. Guidelines on the Conciliation Practices of Indigenous Tribal Clients of PPA-DOJ(Based on the Paper of PPO II Joyce A. Rendon, Region XI)

It is the policy of the PPA-DOJ to:•

Preserve, promote and protect the rights of the PPA tribal clients to cultural integrity
and identity and to prescribe mechanisms to protect their customary beliefs;•

Ensure and guarantee the due exercise of rights of the concerned tribal community
to reject or allow the intervention, documentation and publication of PPA-DOJ of
the indigenous conciliation practice undertaken.

2. Operating Principles of Indigenous Process
In the implementation of the RJ programme to PPA tribal clients, the following
measures shall be adopted:•

Protection of cultural intellectual rights and cultural treasures. PPA-DOJ shall give
utmost respect and recognize the religious beliefs, tradition, ceremonies and cultureof the concerned community. Any risks or foreseen adverse impacts must be fully
disclosed to the concerned community. Thus, measures for the elimination or
mitigation of the occurrence of such risks must be given utmost attention.

•

Tribal community consent. Prior consent by the concerned tribal community shallbe secured before any case referral of the DOJ–PPA may commence. Their
voluntary consent should be based on informed opinion which means that theyshould be fully informed of what the activity is all about, the resources collated andthe expected output, among other concerns.

•

Culture sensitivity. The cultural peculiarities and specific circumstances of theconcerned community shall be respected and given due compensation.

- 156 - 156 -•Participatory. The full anticipation of the tribal community in all levels and stagesof the activity shall be required. The nature and dynamics of participation ofconcerned stakeholders shall strictly adhere to customary laws. The Probation and
Parole Officers shall limit themselves only to referral, coordination to the concerned
indigenous community, documentation, monitoring to the agreement reached andevaluation of the whole activity.

3. Role of the Probation and Parole Officer•

Identification and referral of a potential case for indigenous conciliation practice to
CPPO;

•

Proper approval of the case referral and issuance of an Office Order;•

Make coordination to the concerned indigenous community;•

Ensure compliance to the concerned indigenous community;•

Facilitate, coordinate and document the whole activity;•

Assist the concerned indigenous community in the crafting and execution ofagreements;•

Monitor compliance of the terms and conditions of agreements entered into;•

Prepare case notes reflective of the progress of the indigenous conciliation practiceundertaken;•

Coordinate with the National Commission on Indigenous People if necessary.

B. Kinds of Indigenous Practices
1. The Ifugao Justice System(Based from the Article of Prof. Mary Constancy Barrameda)

The Ifugao Justice System can be described as the process by which peace and harmonyin the Ifugao community should be preserved and maintained, through a peaceable
resolution of a dispute over a wrong or wrongs that threaten an eruption of conflict. This isbased on public determination of the truth concerning the alleged wrong or wrongs
participated in by the community or its representatives, permitting a collective decision or
judgment of guilt or innocence, with appropriate sanctions, compliance of judgment, andrituals for healing and restoration of social fabric.
Vital to this justice system is the Ifugao religion. It is the firm belief that justice isbasically the intervention of their God in the vindication of the innocent and the exposureand condemnation of wrongdoing in the breach of peace, and the purging of sin committed
in the latter case through repentance by prompt acknowledgement of guilt, atonement
through payment of stipulated reparation, and reconciliation with aggrieved parties throughhealing rituals called hidit.

- 157 - 157 -2. The Manobo Justice System
When conflict is caused by gossip, the Datu will conduct his investigation. Then, boththe identified source and subject of the gossip are summoned to his presence. Based on the
merit of his investigation, he would counsel and warn them not to repeat the issue. Whenboth parties agree, he would cover the gong to symbolize an end to the conflict or gossip
and will no longer hear the issue. However, if the gossip continues, the offender will be
fined or penalized to the Datu’s specification. Then, the Datu will say:•

Tampud Tabahon – cut a rattan to close the case;•

Tadto Mata Alaw – point to the sun and promise not to do it again;•

Abukkatuso – turn off the lamp to indicate that the gossip is off;•

Sagpong Talinga – cover the ears so that one will not hear;•

Sagpong Ta Mata – even if she sees it, she will keep quiet so that there will be notrouble;•Sablagan – the offender will give the offended party food or animals. When she
receives the sablag, she will not do anything because the fairies had blessed her.

3. Manabo-Dulangan Justice System
The Justice System of the Manobo-Dulangan ICCs is called Antang-antang. The
common infractions are coveting another man’s wife, theft, cattle rustling, homicide,murder and land disputes. These disputes are usually brought to the attention of the Sultan
or Datu for resolution.
C. Restorative Justice Outcome
Restorative Outcome is an agreement obtained as a product of a restorative process.
Each hallmark of the restorative process – Mediation, Conferencing, Circle of Support andother indigenous ways of setting disputes – ends with an agreement on how the offender
will make amends for the harm caused by the crime. The two traditional justice sanctions
used in a restorative response to crime are Restitution and Community Work Services.
1. Restitution
Restitution is the payment by an offender of a sum of money to compensate the victim
for the financial losses caused by the crime.
2. Community Work Service
As an integral component of Restorative Justice, Community Work Service (CWS)
imposed upon an offender whether as a probation or parole condition or part of thetreatment plan. In a way, work service in the community as an intervention if properly
implemented will connect the missing link between the offender struggling to reintegrate
himself and the community disturbed by the effect of the offender’s behaviour necessary
to make the treatment therapy a workable intervention, and not just to restrain offender’smovement, or merely an added compliance with imposed conditions, thereby defeating its
real purpose.

- 158 - 158 -a. Definition of Community Work Service
Community work service (CWS) is a work performed by the offender withoutcompensation for the benefit of the community as an outcome of an RJ process reached ona restorative agreement among stakeholders. CWS is:•

A free public labour performed by a criminal offender as a sanction for an offence
for the benefit for the benefit of the community.

•

Its essence is to present a meaningful lesson for the offender-client to realize thatcrime he has committed has a public repercussion, and therefore on his part incurred
restorative obligation to settle.

•

As a restorative practice, it should be included either as a condition of his releaseon individualized community-based programme or incorporated in the My Personal
Development Plan (MPDP)

b. Goals of Community Work Service•

Holds offender accountable for the harm caused to the community.

•

Provide communities with human resources that can improve the quality of life inpublic environment, business and even individual residences.

•

Helps offender develop new skills through supervised work activities.

•

Allows victim a voice and occasionally some direct benefit by recommending thetype of community work service.

•

It has three aims: Accountability on the part of the offender; Competency
development; and Community Protection or safety.

c. Forms of Community Work Service•

Mentoring and Integrational Service – Offenders will develop their maturing needs
through caring for other people; example: with senior citizens, orphanage or street
children.

•

Economic Development – to link directly in a business project; examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration,
garbage and waste management, cleaning of esteros, recycling, construction, repairof streets, and the like.

•

Citizenship and Civic Participation – experiential activities which involve solving
community problems; examples puppet shows that showcase values, street dramas,
peer-counselling.

•

Helping the Disadvantaged – This will enhance offender’s self-esteem; examples:
assist handicapped, assist in soup kitchen, tutor peers, visit the aged in jails andhospitals.

- 159 - 159 -•Crime prevention Projects – Examples: “barangay ronda”, giving testimony to theyouth.

d. Coverage
For Probationers: All, except when:•

The community does not accept them;•Due to ill health that may hinder performing CWS;•

If working or staying outside the country with proper authority;•

Other work/job which may not give probationers time for CWS;•

All at the discretion of the supervising officer.

For Parolees/Pardonees: All, provided they will not pose danger to the community.
e. Time frame
Serving client should be granted time to adjust to life which is not more than six (6)months before doing CWS. Its duration should depend on the length of the project, needsof the offender and the community within the RJ framework.
Probation / Surveillance Period
6 years but not less than 5 years
Not more than 5 years but not less than 4 years
Not more than 4 years but not less than 3 years
Not more than 3 years but not less than 2 years
Not more than 2 years but not less than 1 year
Less than 1 year

Length of CWS
144 hours or 6 hours/week
120 hours
96 hours
72 hours
28 hours
24 hours

f. Procedural Implementation
1. Such community work shall be recommended as one of the conditions on the caseof probation and/or included in the My Personal Development Plan (MPDP),
specifying the number of hours of community work to be rendered by the offender,
the type of work service, and possibly the place and the contact person in thecommunity. A successful community work service programme basically requires atrue public-private partnership. All these may be done in coordination with local
government units, other government offices, civic and religious organizations andother significant community support and healing circles.
2. During initial supervision, the client offender shall execute an undertaking duly
subscribed before the Chief Probation and Parole Officer (CPPO) that he/she iswilling to render community work service in compliance with the conditions of
his/her probation or My Personal Development Plan (MPDP).
3. The undertaking shall be in triplicate distributed as follows: 1) Supervision Case
Folder, 2) Responsible persons or office giving community work to client, 3) Client.

- 160 - 160 -4. After completion of Community Work Service, the offender shall secure a
Certification that he/she performed work service in a particular community,
indicating therein the type or kind of work performed, the number of work hours
rendered, and the date when community service is done.
5. Such Certification obtained by the client shall be surrendered to the PPA Office tobe filed in his folder.
6. Compliance of this condition on Community Work Service shall be indicated in the
Final or Summary Report submitted by his/her Supervising Officer to the court or
Board of Pardons and Parole.
g. CWS Indicators of Success1. Must have satisfactorily completed the prescribed number of hours of community
work service;
2. Presence of established community linkage and work resources;
3. Has gained a certain degree of recognition and/or benefited the community;
4. Has maintained a favourable relationship with his/her community worker and thecommunity;
5. Gained positive attitude towards work and sense of satisfaction for his voluntary
service; and6. Gained or enhanced competency in a specific area of work.

- 161 - 161 -- 162 - 162 -