Accessing Justice Through A

Gender-Responsive,
Child-Friendly and
Culture-Sensitive

Katarungang
Restorative Justice Pambarangay
Barangay Justice System
Mainstreaming Gender
Procedures of Settling
Disputes
Child-Friendly Communities
Indigenous Peoples Law
 DEPARTMENT OF THE INTERIOR AND
LOCAL GOVERNMENT

RESTORATIVE
JUSTICE

Concepts & Principles

Benonie A. Galambao
MLGOO Ipil, Zamboanga Sibugay
 Words of Wisdom

EMPTY YOUR CUP

ULYSES A. AGUILA
State Counsel, Department of Justice

Principle
OIC, Deputy Director, Office for Alternative
Dispute Resolution

Certificate in Law and Practice of Domestic

Leave your worries

and International
Commercial Arbitration
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behind.
International
Commercial Arbitration
Certificate in Advanced Mediation :
Strategic Conflict Management for
Professionals
Certificate in Professional Negotiation and
Influencing
 Presentation
Outline

1.Concept of Restorative Justice

2. Its Elements
3. Its Essence & Goals
4. Principles & Models of Restorative
Justice
5. Conclusion
Restorative Justice
Concept

What is Restorative Justice?

ULYSES A. AGUILA
It is a theory of justice that
State Counsel, Department of Justice
OIC, Deputy Director, Office for Alternative
considers crime and wrongdoing
Dispute Resolution

to be an offence
against an
Certificate in Law and Practice of Domestic
and International
individual or community,

rather
Commercial Arbitration
Certificate in Diploma Course in
than the state. International
Commercial Arbitration
Certificate in Advanced Mediation :
Strategic Conflict Management for
Professionals
Certificate in Professional Negotiation and
Influencing
 Concept

Restorative Justice

It is not a program.
It is a mission.
It is an alternative way of
responding
to crime in communities and
criminal justice systems.
Restorative Justice
Comparison

Retributive justice is a
theory of justice
ULYSES A. AGUILA that
State Counsel, Department of Justice
advocates for punishment as a
OIC, Deputy Director, Office for Alternative
Dispute Resolution

proportionate
response to
Certificate in Law and Practice of Domestic

crime.
This theory seeks to give a form
and International
Commercial Arbitration

of satisfaction on the part of the

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International

aggravated party that in deed the

Commercial Arbitration
Certificate in Advanced Mediation :

person who committed the crime

Professionals
Strategic Conflict Management for

has been punished. Certificate in Professional Negotiation and

Influencing
Restorative Justice
Comparison

Key Questions:
Retributive Justice
ULYSES A. AGUILA
State Counsel, Department of Justice
What laws were broken? OIC, Deputy Director, Office for Alternative
Dispute Resolution

Who did it? Certificate in Law and Practice of Domestic

and International
What punishment do they
Commercial deserve?
Arbitration
Certificate in Diploma Course in
International
Commercial Arbitration
Dr. Howard
Zehrin Advanced Mediation :
Certificate
Eastern Mennonite University
Strategic Conflict Management for
Professionals
Certificate in Professional Negotiation and
Influencing
Restorative Justice
Comparison

Key Questions:
Restorative Justice
ULYSES A. AGUILA
State Counsel, Department of Justice
Who has been hurt by this event?
OIC, Deputy Director, Office for Alternative
Dispute Resolution

What are their

needs?
Certificate in Law and Practice of Domestic
and International
Whose obligations

are they?
Commercial Arbitration
Certificate in Diploma Course in
International
Dr. HowardCommercial
Zehr Arbitration
Certificate in Advanced Mediation :
Eastern MennoniteStrategic
UniversityConflict Management for
Professionals
Certificate in Professional Negotiation and
Influencing
Restorative Justice
Elements

Restorative Justice recognizes

that crime hurts everyone
victims, offenders and community.

Hence, it creates an obligation to

make things right.
Restorative Justice
Elements
Restorative Justice involves three
parties:
1. The VICTIM or the individual
harmed
2. The OFFENDER or the individual who
caused
the harm
3. The COMMUNITY or the place where
the harm was committed
Restorative Justice
Goal

Goal of Restorative Justice:

Fewer people struggling with
the aftermath of the crime.
This is done by caring for the
needs of the victims and by
taking steps so that there is
less crime in the future.
Restorative Justice
Essence

Restorative justice provides

opportunities for those most directly
affected by a crime (victim, offender,
families, and other community
members) to be actively involved in
the process of addressing harms,
needs and obligations.
Dr. Mark S. Umbreit
University of Minnesota
Restorative Justice
Essence

Restorative Justice is about

offender accountability, victim
healing, and community safety,
through mediation and dialogue
whenever possible.
Dr. Mark S. Umbreit
University of Minnesota
Restorative Justice
Essence

The voices of the victims

are so important.

What do they need to move

toward wholeness?
 Restorative Justice
Essence

The voices from the community

are also critical.

How were they harmed

and how can they invest in the
success of all the parties?
Restorative Justice
Essence

We also need to hear the

voice of the offenders.

Why did they choose crime

and what will make that
choice less likely in the future?
Restorative Justice
Principles

The Key Principles

of
Restorative Justice

Crime causes harm and

justice should focus on
repairing that harm.
Crime is a wound. Justice should be
healing.
Restorative Justice
Principles

The Key Principles

of
Restorative Justice
The people most affected
by the crime should be able
to participate in its
resolution.
Restorative Justice
Principles

The Key Principles

of
Restorative Justice
The responsibility of the
government is to maintain
order and of the community
is to build peace.
Restorative Justice
Attributes

Attributes of Restorative Justice:

encounters between victims and

offenders
the obligation to repair the harm, and
the expectation that transformation
may take place.
Restorative Justice
Attributes

Encounter
sictims and offenders may agree
V
to meet together in the
presence of a trained facilitator
to take about what happened,
the harm that resulted and what
it will take to make things right.
Restorative Justice
Attributes

Repairs
The primary accountability
of the offender should be to do
what he can to make things
right. This often involves
restitution, apology, changed
behaviour and acts of
generosity.
 Restorative Justice
Attributes

Transformati
on
Victims can become thriving
survivors
Offenders can become
contributing
members of the society
Secured and peaceful community
Restorative Justice
Models

Restorative Justice
Models
Victim-Offender
Mediation
Family Group
Conferencing
Circle Process
Restorative Justice
Models

Victim-Offender Mediation

A process in which the victim and

the offender meet in the presence of
a trained facilitator/mediator with
focus of the dialogue on the harm
that was due to the victim and the
offenders responsibility for
reparation of that harm.
Restorative Justice
Models

Family Group
Conferencing
Involves the community of people
most affected by the crime ( victim,
offender, their families and friend and
key supporters of both) in deciding the
resolution of the incident. The affected
parties are brought together by a trained
facilitator to discuss how they and others
have been harmed by the offense and
how that harm might be repaired.
Restorative Justice
Models

Circle Process
A holistic reintegrative strategy
designed not only to address the criminal
behavior of the offender but also to
consider the needs of the victims, their
families and the community. The process
begins by sitting in a circle and passing a
talking piece.
Restorative Justice
Conclusion

Restorative Justice

Our guide in
Restoring
Relationships
 Thank you

for your time.

Good day!