1 RESTORATIVE JUSTICE: PAROLE AND PROBATION ADMINISTRATION
PROBATION: A PRISTINE JEWEL IN THE CROWN OF THE CRIMINAL
JUSTICE SYSTEM
The enactment of Presidential Decree No. 968, otherwise known as
the Probation Law of 1976, was hailed by criminal justice experts and
practitioners as a significant milestone in the treatment of offenders
in these contemporary times. Probation as a science and an art in
dealing with certain types of offenders, has exemplified
compassionate and restorative justice with the context of social
reforms, thus earning the tag as “pristine jewel in the crown of
criminal justice system”.
“REDEEMING LIVES…RESTORING RELATIONSHIPS”
The Agency has continuously provided rehabilitation and integration
of the offenders as productive, law-abiding and socially responsible
members of the community. Likewise, through the Agency, the
offender, unless disqualified, is no longer punished but treated and
reformed and considered as a person of value with a potentiality for
improvement. Thousands of offenders who would otherwise have
languished in jail, are now leading happy and fruitful lives with their
families.
WHAT IS RESTORATIVE JUSTICE?
Restorative Justice is a process through which remorseful offenders
accept responsibility for their misconduct, particularly to their victims
and to the community. It creates obligation to make things right
through proactive involvement of victims, ownership of the offender
of the crime and the community in search for solutions which
promote repair, reconciliation and reassurance. Thus, the restorative
justice process is actively participated in by the victim, the offender,
and/or any individual or community member affected by the crime
to resolve conflicts resulting from the criminal offense, often with the
help of a fair and impartial third party. Examples of restorative
process include mediation, conferencing, sentencing/support circle
and the like. The restorative outcome is the agreement obtained as a
product of a restorative justice process. Examples of restorative
outcomes include restitution, community work service and any other
program or response designed to accomplish reparation of the
victim, and the reintegration of the victims and/or offenders.
HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?
The Commission on Crime Prevention and Criminal Justice, of which
the Philippines is a member-country, through a draft resolution,
recommended to the Economic and Social Council of the United
Nations Organization (UNO), the adoption of the “Basic Principles on
the Use of Restorative Justice Programmes in Criminal Matters”. The
said document is a formulation of UN Standard in the field of
mediation and restorative justice. The Philippines, being a signatory
member-country should ensure adoption of this resolution.
Consequently, the goal of the government is to establish a more
enlightened and humane correctional system that will promote the
reformation of offenders and thereby reduce the incidence of
recidivism. This is in line with the applicable laws, rules, and policies
mandating this Agency to administer the Parole and Probation
System in the country. As such, the Parole and Probation
Administration (PPA) is empowered to create innovative policies,
programs, and activities to facilitate the reintegration of its clientele
into the mainstream of society and consequently prevent the
commission of crime. Therefore, PPA adopts Restorative Justice as
one of its rehabilitation programs which utilizes restorative processes
and aims to achieve restorative outcomes.
WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A
REHABILITATION PROGRAM OF PPA?
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Reintegration of the offenders to the social mainstream and
encouraging them to assume active responsibility for the injuries
inflicted to the victims;
Proactive involvement of the community to support and assist in the
rehabilitation of victims and offenders;
Attention to the needs of the victims, survivors and other persons
affected by the crime as participating stakeholders in the criminal
justice system, rather than mere objects or passive recipients of
services of intervention that may be unwanted, inappropriate or
ineffective;
Healing the effects of the crime or wrongdoing suffered by the
respective stakeholders; and
Prevention of further commission of crime and delinquency.
HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?
A. During the Investigation Stage
Information such as victims’ version of the offense, effect of
victimization to their lives, families, future, and plans, and victims’
appreciation on how the damage/harm inflicted by the crime can be
repaired and healed are gathered to serve as input in the post-
sentence investigation (PSI) or pre-parole/executive clemency
investigation (PPI) reports prepared by the investigating officer to be
submitted to the Court and the Board of Pardons and Parole,
respectively. These data are vital in the conduct of restorative justice
processes during the supervision phase.
Soliciting stakeholders’ interest for their introduction to the
restorative process commences during this stage.
B. During the Supervision Stage
Restorative Justice Program is a part of the rehabilitation of the client
which is incorporated in the client’s Supervision Treatment Plan
(STP). In applying the various restorative justice processes for the
client’s rehabilitation, the supervising officer observes the following
points:
The parties are brought within the program out of their own volition.
Parties have the right to seek legal advice before and after the
restorative justice process;
Before agreeing to participate in the restorative justice process, the
parties are fully informed of their rights, the nature of the process,
and the possible consequences of their decision;
Neither the victim nor the offender is induced by unfair means to
participate in restorative justice processes or outcomes;
Discussion in restorative justice processes should be highly
confidential and should not be disclosed subsequently, except with
the consent of the parties, and should not be used against the parties
involved;
Where no agreement can be made between the parties, the case is
withdrawn from the restorative justice process; and
In the event agreement is reached by parties, it is put in writing to
give substance/essence to the agreement. The failure to implement
any provision of the agreement made in the course of the restorative
justice process is a basis for the withdrawal of the case from the
program.
WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS
IN THE IMPLEMENTATION OF RESTORATIVE JUSTICE?
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A Probation and Parole Officer assigned to handle investigation and
supervision caseloads acts as restorative justice planner. As such,
he/she undertakes the following responsibilities:
Identifies and recommends to the Chief Probation and Parole Officer
(CPPO) potential case for Peacemaking Encounter;
Conducts dialogue to explore the possibility of restorative justice
process;
Coordinates/collaborates with responsible members and leaders of
community for their participation in the conference;
Serves as facilitator-strength in the conference;
Assists in healing process of stakeholders based on the Supervision
Treatment Plan; and
Prepares case notes reflective of restorative justice values and
utilizing the following points:
Impact of crime and effect of victimization
Victim inputs and involvement opportunities
Offender opportunity to take direct responsibility for the harm
inflicted on the victim and/or the community.
A CPPO engages in the following responsibilities:
Approves cases for Peace Encounter Conference and issues office
orders; and
Implements and monitors plans and agreements achieved during the
conference and sets direction to realize success of the process.
WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN
APPLYING THE RESTORATIVE JUSTICE PROCESSES TO RESOLVE
CONFLICTS ARISING FROM THE CRIMINAL OFFENSE?
The clients must admit the offense to be eligible for the conference,
and if possible, they should be encouraged to take full responsibility;
A personal visit by the Restorative Justice planner may be necessary
to solicit interest and willingness of stakeholders to participate in the
restorative process;
The victims’ preference for the time, date and place of the meeting
should be given greatest weight;
Restorative Justice planners should also get in touch with community
strengths to serve as facilitator like local officials, members of the
Lupon Tagapamayapa or any responsible and respected personalities
in the locality;
A pre-conference meeting with the selected facilitators prior to the
actual conduct of peace encounter conference should be set to
carefully plan for all the details, from the sitting arrangements and
refreshments to the box of tissue papers which incidentally would let
participants know that display of emotions is okay;
A pre-conference meeting could likewise be arranged separately with
individual stakeholders to explain the process and other vital details
of the conference;
The Restorative Justice planner should ensure that everyone knows
how to get to the location site of the conference;
Facilitators should ensure that the conference shall be conducted
without interruption in a comfortable location and shall secure the
safety of all stakeholders;
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Stakeholders shall also be consulted relative to the composition of
the panel of facilitators. Any party may move to oppose the inclusion
of persons by reason of relationship, bias, interest or other similar
grounds that may adversely affect the process; and
Indigenous system of settling differences or disputes shall
accordingly be recognized and utilized to conform with the customs
and tradition of that particular cultural community.
WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE
APPLIED IN PPA?
Peacemaking Encounter
Peacemaking Encounter is a community-based gathering that brings
the victim, the victimized community, and the offender together. It
supports the healing process of the victims by providing a safe and
controlled setting for them to meet and speak with the offender on
a confidential and strictly voluntary basis. It also allows the offender
to learn about the impact of the crime to the victim and his/her
family, and to take direct responsibility for his/her behavior.
Likewise, it provides a chance for the victim and the offender to forge
a mutually acceptable plan that addresses the harm caused by the
crime.
As a community-based decision model, the Agency Peacemaking
Encounter is being implemented through the following processes:
Victim/Offender Mediation – a process that provides an interested
victim an opportunity to meet face-to-face his/her offender in a
secured and structured setting or atmosphere, with the help of a
trained mediator, and engage in a discussion of the past offense and
its impact to his/her life. Its goal is to support the healing process of
the victim and allow the offender to learn the impact of his/her
offense on the victim’s physical, emotional and financial existence,
and take direct responsibility for his/her behavior by mutually
developing a Restorative Justice plan that addresses the harm caused
by the said offense.
Conferencing – a process which involves community of people most
affected by the crime – the victim and the offender and their families,
the affected community members and trained facilitators and
community strength – in a restorative discussion of issues and
problems arising from an offense or coincidence which affects
community relationship and tranquillity. Facilitated by a trained
facilitator, the above parties are gathered at their own volition to
discuss how they and others have been harmed by the offense or
conflict, and how that harm may be repaired and broken relationship
may be restored.
Circle of Support – a community directed process organized by the
field office and participated in by the clients, the Volunteer Probation
Aides (VPAs) and selected members of the community in the
discussion of the offense and its impact. Within the circle, people
freely speak from the heart in a shared search for understanding the
incident, and together identify the steps necessary to assist in the
reconciliation and healing of all affected parties and prevent future
crime or conflict.
In the Agency, the circle of support is facilitated by trained Probation
and Parole Officers, Volunteer Probation Aides or selected
community leaders who offered their services free of charge to serve
as facilitator or keeper.
In implementing this process, the probation and parole officer should
be the facilitator who is sensitive to the needs of the victim. Likewise,
the probation and parole officer should exert effort to protect the
safety and interest of the victim.
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WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE
AGREED UPON DURING THE RESTORATIVE JUSTICE PROCESS?
As a result of the restorative justice process, the following outcomes
or interventions may be agreed upon by parties in a Restorative
Justice discussion, such as, but not limited to:
A. Restitution
Restitution is a process upon which the offender accepts
accountability for the financial and/or non-financial losses he/she
may have caused to the victim. Restitution is a “core” victim’s right
which is very crucial in assisting the redirection of the victim’s life.
Part of the conditions of probation as imposed by the Court is the
payment of civil liability to indemnify the victim of the offender, and
to inculcate to the offender a sense of responsibility and obligation
towards the community.
Consequently, the probation and parole officer should see to it that
the offender complies with this condition.
B. Community Work Service
Community Work Service, whether imposed as a condition of
offender’s conditional liberty or integral part of his treatment plan,
should be purposely motivated to make the offender realize that
he/she incurred an obligation to make things right. In its application,
the offender can be subjected to perform work service measures,
including, but not limited to any of the following:
Mentoring and Intergenerational Service – offenders will develop
their nurturing needs thru caring for other people; example: with
senior citizens, with orphanages, or with street children.
Economic Development – to link directly with the business project;
examples: cleaning downtown area, tree planting, maintenance of
business zones, housing restoration, garbage and waste
management, cleaning of esteros, recycling, construction, repair of
streets, and the like.
Citizenship and Civic participation-experiential activities which
involve solving community problems; examples: puppet shows that
showcase values, street dramas, peer counseling.
Helping the Disadvantaged – this will enhance offender’s self-
esteem; examples: assist handicapped, assist in soup kitchen, tutor
peers, visit the aged in jail and hospitals.
Crime Prevention Project – examples: Brgy. Ronda, giving testimony
to the youth.
The probation and parole officer should ensure the adoption of these
community work services to facilitate the reintegration of the
offender in the community.
C. Counseling (whether individual, group or family)
It will enhance client’s interpersonal relationship and it will help
him/her become more aware of his/her shortcomings/weaknesses.
This will also help him/her overcome painful experiences that drove
him/her to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
An intervention which provides recovering drug dependents or those
with serious behavioral problems an opportunity to discuss their
problems.
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G. Spiritual development session/faith-based session

H. Submission to psychological/psychiatric assessment

I . Submission to drug test/drug dependency examination

J. Attendance to skills training/livelihood assistance program

K. Marital enhancement program

L. Written or oral apology

M. Submission to family therapy session

This session aims to develop healthy personal relationship within the

family and to establish open positive communication between family
members and significant others. Family members should be oriented
in their individual responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center Including

Aftercare