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Therapeutic Modalities are tools, systems and programs which are used by the
correctional system to reform, rehabilitate and/or reintegrate offenders back to
society, in which they would become productive members of society, while at the
same time, are discouraged to return to a life of petty crime. Through the
implementation of such programs, the inmates are educated and reinforced to
learn useful skills in order to survive life outside of the correctional system and
manage to be self-sufficient at his/her second chance in life.
The role of the correctional system is to ensure that an offender's sentence is
carried out, whether it's time in jail or prison, probation, or community service.
From an academic perspective, the four (4) goals of corrections are:
retribution, deterrence, incapacitation, and rehabilitation.
1. Retribution is defined as something done to get back at someone or the act of
punishing someone for their actions.
2. Deterrence is the act of discouraging an action or event through instilling doubt
or fear of the consequences.
3. Incapacitation is the state of not having the necessary ability, qualification, or
strength to perform some specified act or function.
4. Rehabilitation is the act of restoring someone to health or normal life through
training and therapy after imprisonment, addiction, or illness.
In this subject, the main focus of the study is all about reformation, rehabilitation
and integration of the people involved back to society.
Reformation means making changes to something with the intention of setting it
back on the right path.
Integration occurs when separate people or things are brought together, like
the integration of rehabilitated former drug addicts back into society.
The Philippine Correctional System adopted two approaches for the treatment of
offenders. These are the institutional- based treatment program and the
community-based treatment programs. These programs aimed towards the
improvement of offender’s attitude and philosophy of life. Reformation and
rehabilitation of inmates as well as preparation for the reintegration in community
are the ultimate goals of the programs. Prison inmates are some of the most
disturbed and unstable people in society. Most of the inmates have had too little
discipline or too much come from broken homes and have no self-esteem. They
are very insecure and are at war with themselves as well with society. Most
inmates did not learn moral values or learn to follow everyday norms. In order to
rehabilitate criminals we must do more than just send them to prison.
II. Philippine Correctional System
The Philippine Corrections System is composed of the institutions in the government, civil
society and the business sector involved in the confinement, correction and restoration of
persons charged for and/or convicted of delinquent acts or crimes. The public sector
formulates sound policies and rules on corrections, penology and jail management,
rehabilitation and restoration. All prisons or penitentiaries, jails and detention centres are
under the direct control and supervision of the government. The government, thus, plays a
dominant role in the correction and rehabilitation of offenders. The civil society which
includes the non-government organizations, people’s organizations, religious organizations,
academe and the media, provide support services such as health services, training,
livelihood, spiritual guidance and counselling. It is also active in advocacy and social
mobilization for the protection of inmates’ human rights and enhancement of access to
justice. The business sector has minimal participation in corrections services but offers
tremendous opportunities for improved efficiency and public sector exit options.
Adherence to the United Nations (U.N.) Standard Minimum Rules for the Treatment of
Prisoners and the UN Standard Minimum Rules for Non-Custodial Measures The Philippines
adheres to the provisions of the UN Standard Minimum Rules for the Treatment of Prisoners
and UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules) and other
international human rights instruments which define and guarantee the rights of inmates.
Some of these provisions are already embodied in the Philippine Constitution4 and in its
laws, rules and regulations and ordinances. Section 2, Article of the Constitution, moreover,
provides that “The Philippines… adopts the generally accepted principles of international
law…”.
Prison/Penitentiary, Jail Distinguished In the Philippines, there is a distinction between a
“jail” and “prison”. A “jail” is defined as a place of confinement for inmates under investigation
or undergoing trial, or serving short-term sentences. It is differentiated from the term “prison”
which refers to the national prisons or penitentiaries managed and supervised by the Bureau
of Corrections, an agency under the Department of Justice.
5 Jails include provincial, district, city and municipal jails managed and supervised by the
Provincial Government and the Bureau of Jail Management and Penology (BJMP),
respectively, which are both under the Department of the Interior and Local Government.
Municipal and city prisoners are committed to municipal, city or district jails managed by the
BJMP.
A district jail is a cluster of small jails, each having a monthly average population of ten or
less inmates, and is located in the vicinity of the court.
6 Where the imposable penalty for the crime committed is more than six months and the
same was committed within the municipality, the offender must serve his or her sentence in
the provincial jail which is under the Office of the Governor. Where the penalty imposed
exceeds three years, the offender shall serve his or her sentence in the penal institutions of
the BuCor.
Four Classes of Prisoners
1. Insular or national prisoner – one who is sentenced to a prison term of three years and
one day to death
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to
three years
3. City prisoner – one who is sentenced to a prison term of one day to three years
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.
Three Types of Detainees
1. Those undergoing investigation
2. those awaiting or undergoing trial
3. those awaiting final judgment.
INSTITUTIONAL FRAMEWORK
Three major government functionaries are involved in the Philippine correctional system,
namely: the Department of Justice (DOJ), Department of the Interior and Local Government
(DILG) and the Department of Social Welfare and Development (DSWD). The DOJ
supervises the national penitentiaries through the Bureau of Corrections, administers the
parole and probation system through the Parole and Probation Administration, and assists
the President in the grant of executive clemency through the Board of Pardons and Parole.
DILG supervises the provincial, district, city and municipal jails through the provincial
governments and the Bureau of Jail Management and Penology, respectively. DSWD
supervises the regional rehabilitation centres for youth offenders through the Bureau of Child
and Youth Welfare.
Bureau of Corrections (BuCor)
BuCor has for its principal task the rehabilitation of national prisoners9, or those sentenced
to serve a term of imprisonment of more than three years. Since its creation, the BuCor has
evolved with modern penology and has shifted from the traditional view of imprisonment as
society’s retribution against criminal offenders into one which regards imprisonment as a
humanizing and enriching experience. Corrections focus on rehabilitation and regards
inmates as patients who need treatment and guidance in order to become productive and
responsible members of society upon their release.
All prison institutions have their own Reception and Diagnostic Centre (RDC), Classification
Board, Rehabilitation and Vocational Training Programmes, Inmate Complaints, Information
and Assistance Centre (ICIAC), Inmate Council and Board of Discipline. RDC receives,
studies and classifies inmates committed to BuCor. The Classification Board classifies
inmates according to their security status. To extend prompt, efficient and timely services to
inmates, BuCor created ICIA which is tasked to act, within seventy-two hours, on all the
complaints, requests for information and assistance of inmates. The common
complaints/requests made by inmates are complaints against employees/co-inmates, status
of prisoners’ release, computation of Good Conduct and Time Allowance and problems
regarding visitors’ visits. The Inmate Council, which is composed of finally convicted
inmates, serves as an advisory body of the Superintendent of each institution. The Board of
Discipline hears complaints and grievances with regard to violations of prison rules and
regulations.
Bureau of Jail Management and Penology (BJMP)
The Jail Bureau, BJMP, an agency under the DILG, was created pursuant to Section 60,
Republic Act No. 6975, which took effect on January 2, 1991. It is mandated to direct,
supervise and control the administration and operation of all district, city and municipal jails
nationwide.
Functions
Formulate policies and guidelines on the administration of all district, city and municipal jails.
Formulate and implement policies for the programmes of correction, rehabilitation and
treatment of inmates.
Plan and programme funds for the subsistence allowance of inmates.
Conduct research, develop and implement plans and programmes for the improvement of
jail services throughout the country.14 After twelve (12) years of existence as a separate
agency under the DILG, the BJMP still shares its responsibilities with the Philippine National
Police (PNP). The involvement, however, of the police in penology and jail management is a
temporary arrangement in view of BJMP’s limited capacity.
Bureau of Child and Youth Welfare
Presidential Decree (P.D.) No. 603, as amended, was promulgated to provide for the care
and treatment of youth offenders from the time of apprehension up to the termination of the
case. The Bureau provides intensive treatment for the rehabilitation of youth offenders on
suspended sentence. Under the said law, a youth offender is defined as a child, minor or
youth who is over nine years but under eighteen years of age at the time of the commission
of the offence.
Provincial Government
Provincial jails, numbering 104 in all, including sub-provincial extensions, are under the
supervision and control of the provincial governments.
Parole and Probation Administration (PPA)
The PPA was created pursuant to Presidential Decree (P.D.) No. 968, as amended, to
administer the probation system. Under Executive Order No. 292, the Probation
Administration was renamed as the “Parole and Probation Administration”, and given the
added function of supervising prisoners who, after serving part of their sentence in jails are
released on parole or granted conditional pardon. The PPA and the Board of Pardons and
Parole are the agencies involved in the non-institutional treatment of offenders. Probation is
the status of an accused who, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer. It is a privilege
granted by the court; it cannot be availed of as a matter of right by a person convicted of a
crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant
has none of the disqualifications imposed by law.
Board of Pardons and Parole (BPP) The Board of Pardons and Parole was created pursuant
to Act No. 4103, as amended. It is the intent of the law to uplift and redeem valuable human
material to economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty.
Module 3 CA 3.docx
Human Rights
The Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a milestone document in the
history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 (General Assembly
resolution 217 A) as a common standard of achievements for all peoples and all
nations. It sets out, for the first time, fundamental human rights to be universally
protected and it has been translated into over 500 languages.
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom, justice and peace in
the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and freedom from fear and
want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between
nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith
in fundamental human rights, in the dignity and worth of the human person and in the
equal rights of men and women and have determined to promote social progress
and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with
the United Nations, the promotion of universal respect for and observance of human
rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL
DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all
peoples and all nations, to the end that every individual and every organ of society,
keeping this Declaration constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among the
peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of
brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status. Furthermore,
no distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or international law,
at the time when it was committed. Nor shall a heavier penalty be imposed than the
one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the
right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders
of each state.
(2) Everyone has the right to leave any country, including his own, and to return to
his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from
non-political crimes or from acts contrary to the purposes and principles of the United
Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with
others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections which shall be by universal and
equal suffrage and shall be held by secret vote or by equivalent free voting
procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance
with the organization and resources of each State, of the economic, social and
cultural rights indispensable for his dignity and the free development of his
personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring
for himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his
interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and
to the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or
religious groups, and shall further the activities of the United Nations for the
maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to
their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full
development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a democratic
society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes
and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.
Bureau of Corrections
The Correctional System in the Philippines is composed of six agencies under three
distinct and separate departments of the national government:
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT - under this are the
Bureau of Jail Management and Penology (BJMP) which runs the city, municipal,
and district jails; and the provincial jails through their respective provincial
governments.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT - under this is
Juvenile and Justice Welfare Council which oversees the rehabilitation of young
offenders.
DEPARTMENT OF JUSTICE - under this are the Bureau of Corrections, Parole and
Probation Administration and the Board of Pardons and Parole.
Offenders convicted by the courts to serve sentences of three years or more are kept
at the prison facilities of the bureau of corrections: they are classified as national
prisoners. those meted with lighter sentences, as well as those with pending cases
before the regional trial courts, are confined in provincial jails under the local
government; while those awaiting trial in municipal trial courts or serving light
penalties (e.g., infraction of city or municipal ordinances) are detained in city,
municipal or district jails under the bureau of jail management and penology. juvenile
delinquents are normally sent to youth rehabilitation centers under the juvenile
justice and welfare council pursuant to R.A. 9344 unless the sentencing judge
specifically orders for them to be confined at the national penitentiary, as in cases
where the juvenile convict acted with discernment or the offense committed was
grave.
LEGAL BASIS :
The BUREAU OF PRISONS was established on November 1, 1905 under the
DEPARTMENT OF PUBLIC INSTRUCTION through REORGANIZATION ACT ACT
1407 of the PHILIPPINE COMISSION until it was Trasferred to the DEPARTMENT
OF JUSTICE (DOJ).
The PRISON LAW incorparated in chapter 45 of the revised ADMINISTRATIVE
CODE OF 1917.
SECTION 26 of the ADMINSTRATIVE CODE OF 1987 issued November 23, 1989
under PROCLAMATION NO. 495 of the PRESIDENT OF THE PHILIPPINES change
the name of the BUREAU OF PRISON to BUREAU OF CORRECTIONS.
On May 24, 2013, PRISIDENT BENIGNO SIMEON C. AQUINO III signed into law
the REPUBLIC ACT NO. 10575/ otherwise known as THE BUREAU OF
CORRECTIONS ACT of 2013 which provides for the modernization,
Professionalization and Restructuring of the bureau.
Functions
1. Safekeep prisoners convicted by courts three (3) years and one (1) day and above
to serve sentence in prison.
2. Prevent prisoners from committing crimes.
3. Provide inmates basic needs.
4. Ensure rehabilitation programs are made available to the inmates for their
physical, intellectual and spiritual development.
5. Develop livelihood programs to assist inmates earn a living and develop their skills
while in prison.
Reformation Programs
Along this end, the Bureau under the present Director has
encouraged agricultural and industrial production by providing
farming implements, tractors, fertilizers and other inputs in order to
sustain this area of rehabilitation for inmates.
Healthcare Services
Upon his initial commitment to the Reception and Diagnostic
Center (RDC), the inmate’s medical history is recorded and properly
documented by the Medical Specialist. Medical information and
mental status examinations are given to ascertain his overall
physical / mental fitness and whether he would be fit for work. This
forms part of the diagnostic process which will eventually determine
the most appropriate rehabilitation program for the inmate.
Therapeutic Community
Patterned after Daytop TC, New York which is the base of the
Therapeutic Community movement in the world, the BuCor TC
program was adopted as part of the Bureau's holistic approach
towards inmate rehabilitation. It is implemented primarily but not
limited to drug dependents.
As one of the five pillars of the Criminal Justice System, the BJMP was created to
address growing concern of jail management and penology problem. Primarily, its
clients are detainees accused before a court who are temporarily confined in such
jails while undergoing investigation, waiting final judgement and those who are
serving sentence promulgated by the court 3 years and below. As provided for under
R.A. No. 6975, the Jail Bureau is mandated to take operational and administrative
control over all city, district and municipal jails. The Bureau has four major areas of
rehabilitation program, namely: Livelihood Projects, Educational and Vocational
Training, Recreation and Sports, and Religious/ Spiritual Activities. These were
continuously implemented to eliminate the offenders' pattern of criminal behaviour
and to reform them to become law-abiding and productive citizens. Although the
workplace of the Jail Bureau is confined inside the portals of jail to safeguard
inmates, nonetheless, the Bureau has an inherent function of informing the public of
jail operations and other matters concerning the corrections pillar of the Philippines.
Coincidentally, being a new and growing Bureau, BJMP aims to keep the public
abreast of information regarding jail management and penology.
The Bureau of Jail Management and Penology, also referred to as the Jail Bureau,
was created pursuant to Section 60 to 65, Chapter V, RA No. 6975, and initially
consisting of uniformed officers and members of the Jail Management and Penology
service as constituted under Presidential Decree No. 765.
Mandates
BJMP is mandated to direct, supervise and control the administration and operation
of all district, city and municipal jails nationwide with pronged tasks of safekeeping
and development of inmates.
Functions
In line with it's mission, the Jail Bureau endeavors to perform the
following functions:
Formulate policies and guidelines in the administration of all district,
city, and municipal jails nationwide;
Implement strong security measures for the control of inmates;
Provide for the basic needs of inmates;
Conduct activities for the development of inmates;
Improve jail facilities; and,
Promote the general welfare and development of personnel.
PROGRAMS
Major Programs
There are four (4) major programs under the mandate of BJMP and they are the
following:
1.
1.
1. Inmates custody, security and control program.
2. Inmates welfare and development program.
3. Decongestion program.
4. Good governance.
Core Programs
A. Provisions of Basic Needs
All PDL under custody are provided with three (3) meals (breakfast, lunch and
supper). Adequate supply of potable water is made available to them at all times.
Likewise, upon admission, each PDL is issued his or her PDL uniform consisting of
the yellow shirt and brown jogging pants. Hygiene kits are also distributed to the
PDL on monthly or quarterly basis. Occasionally, the provision of basic needs for
the PDL is supplemented by the food and non-food donations from local government
units, non-government organizations, business sector and private individuals.
B. Health Services
Health services for PDL consist of interventions towards the prevention, promotion,
treatment of illnesses and rehabilitation. All PDL undergo medical assessment upon
admission. During confinement, PDL are provided with health education and
counseling, medical consultations, regular health monitoring, and provided
medicines subject to availability. To maintain the physical health of PDL, they are
allowed daily sunning and physical exercises.
C. Educational Program
The educational program aims to provide opportunities for PDL to achieve
mandatory education. For this reason, BJMP adopted the Alternative Learning
System (ALS) of the Department of Education for the PDL to earn their elementary
and high school diplomas. Teachers in the jail-based ALS are BJMP Personnel who
are professional teachers and trained on the Instructional Method for ALS. In jails
where there are no personnel trained to handle ALS classes, the ALS teachers
would be coming from the Department of Education. All PDL enrolled in the ALS
earn their respective Time Allowance for Teaching, Studying and Mentoring
(TASTM) pursuant to RA 10592.
D. Skills Training/ Enhancement Program
The objective of the skills training program is to equip the PDL with
technical/vocational skills which they can use in seeking employment or starting their
own business after release from confinement. To make the PDL as competitive as
other potential job seekers, the skills trainings preferred are those accredited by the
Technical Education and Skills Development Authority (TESDA) so that the PDL will
be able to earn National Certifications. Thus, only the PDL who meet the eligibility
requirements of the specific skills training program being offered can participate.
E. Livelihood Program
The livelihood program presents income-generating activities to PDL during their
confinement where they are able to earn for their personal upkeep and for financial
support to their families. The capital for the livelihood project are either from BJMP
for BJMP-funded projects or from the common fund of a group of PDL for non-BJMP
funded projects. Examples of continuing and most popular livelihood projects of PDL
are bags and purses, bonsai made of beads, pastries, rugs, paper crafts, and wood
crafts. To help the PDL earn from these livelihood projects, the jail unit Welfare and
Development Officer (UWDO) facilitates the sale of the products in display centers or
livelihood caravans organized by the local government units and other service
providers. In addition, online or e-marketing of PDL products is also run by the jail
unit Welfare and Development Office.
F. Behavioral Management/ Modification Program
BJMP implements the Therapeutic Community Modality Program (TCMP) to manage
and modify behaviors of PDL with the goal of positively changing their thinking and
behavior through structured group processes. The program endeavors to teach and
model positive thinking, pro-social values, good decision-making, and positive
coping. Through the program, PDL are trained on socially acceptable ways of
behaving and relating with their fellow PDL and with personnel and visitors thereby
fostering a therapeutic jail environment and maintaining a peaceful communal
atmosphere.
G. Interfaith Program
PDL are provided with the opportunity to practice their faith while under custody
without discrimination, subject only to usual safety and security measures. The
BJMP chaplains and imams provide different religious services such as but not
limited to mass celebrations, communal prayers, spiritual counseling, catechism, and
others. Religious organizations and their respective ministers/pastors and leaders
are accredited by BJMP to facilitate their regular contact with PDL for the provision of
religious services.
H. Cultural and Sports Program
The cultural program aims to promote camaraderie among PDL, encourage the
development of self-confidence and sharing of cultural talents as form of positive
entertainment. Cultural activities allowed in jails include dance, singing,
theatre/drama, and art workshops. Also, through this program, PDL experience
some sense of social normalcy through the communal celebrations of socio-cultural
events like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent
and Easter, Ramadan, local festivals and other similar activities.
I. Paralegal Program
The main objective of the Paralegal Program is to address the overcrowding in jail
facilities. Through the paralegal program, PDL are assisted in availing of the
different early modes of release. Regional and jail paralegal officers conduct
continuous informative seminars/orientations to PDL on their rights, modes of early
release, and other paralegal/legal remedies which can be availed of by them. Other
paralegal services include paralegal counseling and case follow-up in the courts by
the jail paralegal officers.
J. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face visitation
between PDL and respective families. This service enables the PDL to connect with
his/her family through a supervised video call and chat. The program is
conceptualized specifically to cater to PDL whose family members cannot go to the
jail for actual visit because of the long distance to the jail from the residence or
workplace of the family members. However, in case of jail lockdown by reason of
public health emergency where visitation is suspended, all PDL are allowed to use
the e-dalaw to communicate with their families on equitable rotation basis.
Support Services
A. Human Rights Desks
Every jail facility operates a 24-hour Human Rights Desk handled by a designated
Human Rights Affairs Officer. The main function of the Human Rights Desk is to
receive complaints concerning human rights violations from PDL and visitors and to
report the complaints thru the appropriate reporting system to the concerned BJMP
offices and to the Commission on Human Rights for investigation and appropriate
action.
B. Help Desk
In line with the government’s policy of providing timely and speedy access to
government services, each jail facility has established its own Help Desk managed
by a designated Held Desk Officer. The Help Desk functions as a referral unit where
PDL and visitors can lodge their request for assistance concerning personal or family
needs. These requests are evaluated by the Help Desk Officer and all requests for
assistance that cannot be addressed by the jail are referred to the concerned
government agencies for appropriate action.
C. Refferals for Aftercare
Although BJMP recognizes the importance of aftercare program for PDL to be
released for them to start a new, it is limited only to providing welfare and
developmental programs to PDL while they are in custody. Nevertheless, to ensure
continuity of care of PDL upon release, the jail unit Welfare and Development Officer
facilitate referrals to different community resources. These referrals addressed to the
local government units, non-government organizations and the business sector
usually include but not limited to seeking immediate financial assistance for PDL’s
repatriation, employment/livelihood assistance, educational/vocational training
scholarships, medical and psychological interventions.
Special Program for Vulnerable Groups
A. Services for Pregnant PDL
Pregnant PDL, by reason of their medical condition, are given special attention by
the jail nurses to ensure compliance to pre-natal and post-natal care, timely provision
of other pregnancy-related needs, and assistance for the care of the newborn until
the latter is endorsed to the immediate family or accredited child-caring agency.
B. Services for Senior Citizen PDL and PDL with Disabilities
In addition to implementing measures to protect the senior citizen PDL and PDL with
disabilities from discrimination and establishing functional priority lanes for them, the
primary policy is to link them to the local Office of Senior Citizen Affairs Office
(OSCA) and Person with Disability Affairs Office (PDAO) for the acquisition of their
respective Identification Cards. The respective identification cards issued by the local
government unit are the PDL’s access key to the different services for senior citizens
and persons with disabilities mandated by the Senior Citizen’s Act and Magna Carta
for Persons with Disabilities.
C. Services for PDL with other Special Needs
PDL who are members of the LGBT community maybe segregated from the general
population in terms of housing to prevent potential mistreatments towards them by
reason of their gender expression and other vulnerabilities. Nevertheless, they
receive the same programs and services provided to the general population and they
are encouraged to participate fully in the socio-cultural activities of the jail.
D. Mental Health Services
In general, preventive mental health aimed at reducing incidence of mental health
disorders and developing positive coping mechanisms are provided to all PDL.
Preventive mental health interventions include informative seminars on stress
management, psycho-educational counseling and other supportive psychological
group activities. Likewise, psycho-social support services or stress debriefing to
address trauma are facilitated for PDL after the occurrence of untoward jail incidents
or in the aftermath of devastating calamities directly affecting the PDL.
E. Drug Counseling for PDL with Substance use Disorder
PDL with substance use disorder or have history of illegal drug use and who were
granted plea bargaining under A.M. No. 18-03-16 SC, are provided with drug
counseling using the KatataganKontraDrogasaKomunidad (KKDK) approach. The
KKDK is a psycho-educational drug counseling program developed consisting of
twenty-four (24) modules: eighteen (18) modules to be completed by the PDL in a
small group setting with fellow PDL and six (6) family modules to be participated by
the PDL’s family. The drug counseling runs for maximum duration of four (4) months.
Functions
To carry out these goals, the Agency through its network of regional and field
parole and probation offices performs the following functions:
1. well-planned supervision programs for probationers, parolees,
pardonees, and first-time minor drug offenders which are
aligned to national program thrusts of the government, such as,
the Sariling-Sikap, Jail Decongestion, etc.
2. establishment of innovative and financially and technically
feasible projects for the moral, spiritual and economic upliftment
of probationers, parolees, pardonees, and first-time minor drug
offenders utilizing available community resources.
b. Promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act, including the manner of safekeeping, disposition, burning
or condemnation of any dangerous drug and/or controlled precursor and
essential chemical under its charge and custody, and prescribe administrative
remedies or sanctions for the violations of such rules and regulations;
h. Design and develop, in consultation and coordination with the DOH, DSWD
and other agencies involved in drugs control, treatment and rehabilitation,
both public and private, a national treatment and rehabilitation program for
drug dependents including a standard aftercare and community service
program for recovering drug dependents;
i. Design and develop, jointly with the DOLE and in consultation with labor and
employer groups as well as non-government organizations a drug abuse
prevention program in the workplace that would include a provision for
employee assistance programs for emotionally-stressed employees;
o. Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with PDEA, about all
dangerous drugs and/or controlled precursors and essential chemicals-related
cases to which they have attended for statistics and research purposes;
p. Receive in trust legacies, gifts and donations of real and personal properties
of all kinds, to administer and dispose the same when necessary for the
benefit of government and private rehabilitation centers subject to limitations,
directions and instructions from the donors, if any;
w. Submit an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives committees
concerned as may be required from time to time, and perform such other
functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the
congressional committees concerned.
Treatment and Rehabilitation
This is a component under the drug demand reduction pillar which aims to
reintegrate into the society recovering drug dependents.
A chance to be treated and rehabilitated is afforded to those who have fallen prey to
drugs. Through the use of effective treatment modalities, drug dependents are being
trained to kick out the habit and become productive citizens of the country once
again.
REQUIREMENTS ON THE APPLICATION FOR THE TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS:
STEPS ON TREATMENT AND REHABILITATION OF DRUG
DEPENDENT (Voluntary Submission, Voluntary thru Representation and
Compulsory Confinement)
Treatment Modality
Drug treatment modality is the model or approach in the treatment of drug
dependents utilized by treatment and rehabilitation centers.
Multidisciplinary Team Approach is a method in the treatment and rehabilitation of
drug dependents which avails of the services and skills of a team composed of
psychiatrist, psychologist, social worker, occupational therapist and other related
disciplines in collaboration with the family and the drug dependent.
Therapeutic Community Approach views addiction as a symptomatic
manifestation of a more complex psychological problem rooted in an interplay of
emotional, social, physical and spiritual values. It is a highly structured program
wherein the community is utilized as the primary vehicle to foster behavioural and
attitudinal change. The patient receives the information and the impetus to change
from being a part of the community. Role modelling and peer pressure play
significant parts in the program.
The goal of every therapeutic community is to change the patients’ self-destructive
thinking and behavioural pattern, teach them personal responsibility, positivize their
self-image, create a sense of human community and provide an environment in
which human beings can grow and take responsibility and credit for the growth.
Hazelden-Minnesotta Model views addiction as a disease, an involuntary condition
caused by factors largely outside a person’s control. The program consists of
didactic lectures, cognitive-behavioural psychology, Alcoholic Anonymous
principles / Twelve Steps Principles and biblio-theraphy. It aims to treat patients with
chemical dependency, endorsing a set of values and beliefs about the
powerlessness of people over drug taking and turning to a Higher Power to help
them combat the disease. In this modality, counsellors and patients collaborate in
defining the path to recovery.
Spiritual Approach uses the Bible as the primary source of inspiration to change. It
views drug addiction as a sin and encourages the patients to turn away from it and
renew their relationships with the Lord.
Eclectic Approach aims at applying a holistic approach in the rehabilitation
program. The spiritual and cognitive components of the Twelve Steps complement
the behavioural aspects of the Therapeutic Community. The skills and services of
rehabilitation professionals and paraprofessionals are made available. In doing so,
different personality aspects of drug dependants are well addressed geared towards
their rehabilitation and recovery.
Punishment is the infliction of some kind of pain or loss upon a person for a misdeed.
Punishment may take forms ranging from capital punishment, flogging, forced labor, and
mutilation of the body to imprisonment and fines. Deferred punishment consist of penalties
that are imposed only if an offense is repeated within a specific time.
Retribution - prevents future crime by removing the desire for personal avengement (in the
form of assault, battery, and criminal homicide, for example) against the defendant.
SUMMARY
Therapeutic Modalities(CA 3)
Therapeutic Modalities are tools, systems and programs which are used by the
correctional system to reform, rehabilitate and/or reintegrate offenders back to society, in
which they would become productive members of society, while at the same time, are
discouraged to return to a life of petty crime. Through the implementation of such programs,
the inmates are educated and reinforced to learn useful skills in order to survive life outside
of the correctional system and manage to be self-sufficient at his/her second chance in life.
Retribution is defined as something done to get back at someone or the act of punishing
someone for their actions.
Deterrence is the act of discouraging an action or event through instilling doubt or fear of
the consequences.
Incapacitation is the state of not having the necessary ability, qualification, or strength to
perform some specified act or function.
Rehabilitation is the act of restoring someone to health or normal life through training and
therapy after imprisonment, addiction, or illness.
Restitution is the restoration of something lost or stolen to its proper owner. It is appropriate
to compensate someone if you have damaged his or her property in some way.
Reformation means making changes to something with the intention of setting it back on
the right path.
Integration occurs when separate people or things are brought together, like the integration
of rehabilitated former drug addicts back into society.
The Philippine Correctional System adopted two approaches for the treatment of offenders.
These are the institutional- based treatment program and the community-based
treatment programs.
These programs aimed towards the improvement of offender’s attitude and philosophy of
life. Reformation and rehabilitation of inmates as well as preparation for the reintegration in
community are the ultimate goals of the programs
Jail- is defined as a place of confinement for inmates under investigation or undergoing trial,
or serving short-term sentences.
Prison- which refers to the national prisons or penitentiaries managed and supervised by
the Bureau of Corrections, an agency under the Department of Justice.
Bureau of Corrections
The Correctional System in the Philippines is composed of six agencies under three distinct
and separate departments of the national government:
1. Department of Interior and Local Government
A. BJMP- Bureau of Jail Management and Penology
2. Department of Social Welfare and Development
A. Juvenile and Justice Welfare Council
3. Department of Justice
A. Bureau of Corrections
B. Parole and Probation Administration
C. Board of Pardons and Parole
Probation is the status of an accused who, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer
Parole is the release of a prisoner temporarily (for a special purpose) or permanently before
the completion of a sentence, on the promise of good behavior.
The Board of Pardons and Parole was created pursuant to Act No. 4103, as amended. It is
the intent of the law to uplift and redeem valuable human material to economic usefulness
and to prevent unnecessary and excessive deprivation of personal liberty.
Pardon is the use of executive power that exempts the individual to whom it was given from
punishment.
Core Programs
1. Provision of basic needs
2. Health services
3. Educational program
4. E-Dalaw
5. Skills Training/ Enhancement Program
6. Livelihood Program
7. E-Dalaw
8. Etc.
Spiritual Approach uses the Bible as the primary source of inspiration to change. It views
drug addiction as a sin and encourages the patients to turn away from it and renew their
relationships with the Lord.
Eclectic Approach aims at applying a holistic approach in the rehabilitation program. The
spiritual and cognitive components of the Twelve Steps complement the behavioural aspects
of the Therapeutic Community. The skills and services of rehabilitation professionals and
paraprofessionals are made available. In doing so, different personality aspects of drug
dependants are well addressed geared towards their rehabilitation and recovery.
Types of Behaviors
Skinner distinguished between two different types of behaviors.
Respondent behaviors are those that occur automatically and reflexively, such as pulling
your hand back from a hot stove or jerking your leg when the doctor taps on your knee. You
don't have to learn these behaviors. They simply occur automatically and involuntarily.
Operant behaviors, on the other hand, are those under our conscious control. Some may
occur spontaneously and others purposely, but it is the consequences of these actions that
then influence whether or not they occur again in the future. Our actions on the environment
and the consequences of that action make up an important part of the learning process.
Reinforcement is any event that strengthens or increases the behavior it follows. There are
two kinds of reinforcers. In both of these cases of reinforcement, the behavior increases.
Positive reinforcers are favorable events or outcomes that are presented after the
behavior. In positive reinforcement situations, a response or behavior is strengthened by the
addition of praise or a direct reward. If you do a good job at work and your manager gives
you a bonus, that bonus is a positive reinforcer.
Negative reinforcers involve the removal of an unfavorable events or outcomes after the
display of a behavior. In these situations, a response is strengthened by the removal of
something considered unpleasant. For example, if your child starts to scream in the middle
of a restaurant, but stops once you hand them a treat, your action led to the removal of the
unpleasant condition, negatively reinforcing your behavior (not your child's).
Schizophrenia - a long term mental disorder of a type involving a breakdown in the relation
between thought, emotion and behavior, leading to faulty perception, inappropriate actions
and feelings,withdrawal from reality and personal relationships into fantasy and delusion and
a sense of mental fragmentation.
Autism - a mental condition present from early childhood characterized by great difficulty in
communicating and forming relationship with other people and in using language and
abstract concepts.
Human Rights
Those rights, which are inherent in our nature and without which, we cannot live as
human beings.
Classification of Rights
1. Natural Rights - God-given rights, acknowledged by everybody to be morally good.
Unwritten, but prevail as norms of the society.
2. Constitutional Rights - Conferred and protected by the constitution and which cannot
be modified or taken away by the law-making body.
3. Statutory Rights - Those rights which are provided by law promulgated by the law-
making body. May be abolished by the body created them.
Bill of Rights - An enumeration of civil and political rights that are self-exciting. It also
serves as a restriction upon the powers of the State in order to preserve constitutional
harmony and stability.
Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones in the
private sphere inaccessible to any power holder.