1 THERAPEUTIC MODALITIES

Chapter 1
PSYCHOLOGY APPLIED TO CRIMINOLOGY

At the end of this chapter the student should be able to:

• Gain knowledge about Psychology: A necessity in

Criminology
• Understand the Biological factors that causes crimes
• Remember the Importance of Psychology in
Criminology

SCOPE AND IMPORTANCE OF PSYCHOLOGY IN CRIMINOLOGY

The importance of Psychology in the field of Criminology is indisputable.
Behavior is the major phenomenon that a Criminologist must deal with during in each of
his working day. He must deal with not only the behavior of criminals but also the
behavior of the general public, the behavior of his family and his own behavior. He can
no longer regard the study of behavior and the behavioral sciences in order to
effectively and safely carry out his job. The attitudes, interest and behaviors are
involved directly or indirectly by the principle and practices of a criminologist
As stated in Sutherland and Cressey, Criminology cannot be considered a
science because it has not yet acquired universal validity and acceptance. Crime is not
a stable and homogenous unit but varies from one time or place to another, therefore
universal propositions cannot be made regarding crime, and scientific studies of criminal
behavior are impossible. Thornsten Sellin implicitly acknowledged the criticism and
suggested that a criminologist must study all violations of conduct norms, whether a
criminal act or not. He argued that a solid basis for a science of criminology could not be
found unless the arbitrary definitions of legislatives are replaced by definitions drawn up
by scientist and for scientific purposes. However, since science is the systematic and
objective study of social phenomenon and other bodies and knowledge,
CRIMINOLOGY therefore is considered a science in itself under the following nature:
(a) It is an applied science in the study of the causes of crimes, anthropology,
psychology, sociology and other natural sciences; (b) in as much as crime is a social
creation that exists in a society, being a social phenomenon, its study must be
2 THERAPEUTIC MODALITIES

considered a part of social science; (c) it is dynamic because it changes as social

conditions changes; (d) the study of crimes must be in relation with the existing criminal
law within the territory or country, thus, it is nationalistic. Therefore, the causes of crime
must be determined from the social needs and standards.

PSYCHOLOGY: A NECESSITY IN CRIMINOLOGY

Developing a professional attitude towards Criminology will be cultivated by
means of repeated experience in real life situations. It requires more theoretical and
reflective approach. It involves knowing and thinking about two basic psychological
behaviors, Rusel and Bergel says:
1. MOTIVATION
All behavior is motivated. There is a reason for everything one does.
Psychologists define behavior as anything the organism does, Sanchez (General
Psychology, 1987 ed.) explains that the behavior of people starts with the
description with reference to some kind of active driving force: individual seeks
wants and fears. The driving force and the object or the condition toward which
that driving force is directed. The value of this principle in the field of Criminology,
as a trained observer of behavior is that he directs his attention to the underlying
causes for human behavior. A criminologist should become accustomed to
asking himself, when observing a particular behavior, "Why is this person doing
what he is doing?" With this question, he demonstrates a grasp of the concept of
motivation and adopts a professional attitude toward behavior.
2. LEARNING
Plays a crucial role in the personality development of a Criminologist. It is
a process which brings about a change in the individual’s way of responding as a
result of practice or their experiences. It may change in behavior through
experiences. The principles of learning involve an objective view of behavior. An
understanding of it provides the criminologist with the cornerstone for maintaining
a professional attitude toward behavior. The realization of the importance of
learning in personality development of a criminologist forces the professional to
view each individual as unique.

SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal law and penal law
2. Study of the causes of crimes and development of criminals
3 THERAPEUTIC MODALITIES

SOME OF THE MAJOR AREAS OF STUDIES OF CRIMINOLOGY

1. Dactyloscopy
2. Police Photography
3. Polygraphy
4. Ballistics
5. Questioned document examination
6. Penology/Corrections
7. Police supervision and administration
8. Investigation and detection of crimes
9. Industrial Security Management
10. Traffic accident investigation and others

DIFFERENT FACTORS THAT ENHANCE THE DEVELOPMENT OF CRIMINAL

BEHAVIOR
1. Criminal demography – study of the relationship between criminality and
population.
2. Criminal epidemiology study of the relationship between environment and
criminality
3. Criminal ecology - study of criminality in relation to special distribution in a
community
4. Criminal physical anthropology - study of criminality in relation to the physical
constitution of men
5. Criminal Psychology - study of human behavior in relation to criminality
6. Victimology - study of the role of the victim in the commission of a crime.

BIOLOGICAL FACTORS THAT CAUSE CRIMES

The criminologist who deals with human behavior must maintain control of his
personal and emotional involvement in any situation. He must seek with scientific
interest the motivations for that behavior and he must strive objectively to understand
how it was learned before attempting to change it. Kahayon and Aquino (1995) stated
that man's biological factors are premised on the assumption that the "child is father of
the man". Meaning to say, they allude to the fact that the behavior of most men has to
date back to their early developmental years. Behavioral potentialities determine in part,
the degree and kind of motivational sequences which are influenced by a multiplicity of
factors in the environment. The biological components in one's genes are the prime
determinants of behavior and growth. Heredity pertains to the transmissions of genes or
traits from parents to offspring. Although modern criminologists seem not to accept the
role of heredity in the formation of criminal behavior in men, it cannot be denied that it is
playing a role as a contributory factor in the genes of criminal behavior.
4 THERAPEUTIC MODALITIES

A. STUDIES SHOWING THE ROLE OF HEREDITY IN THE DEVELOPMENT OF

CRIMINALITY
1. Kallikak's Family (Goddard)
2. Juke's Family (Dugdale and Estabrook)
3. Sir Jonathan Edward's Family
B. DIFFERENT STUDIES OF HUMAN BEHAVIOR IN RELATION TO THE
CAUSES OF CRIMES
1. AICHORN (Wayward Youth, 1925) found that the cause of crime and
delinquency is the faulty development of the child during the first few years
of his life.
2. ABRAHAMSEN (Human Mind, 1945) explained the causes of crime by
this formula. "Criminal behavior equals criminalistic tendencies plus crime
inducing situation divided by the person's mental or emotional resistance
to temptation".
3. CYRILL BURT (Young Delinquent, 1925) gave the theory of general
emotionality. Offenses can be traced to either in excess or a deficiency of
particular instinctive drive.
4. HEALY (Individual Delinquency) claimed that crime is an expression of
the mental content of the individual.
5. BROMBERG (Crime and the Mind, 1948) criminality is the result of
emotional immaturity.
6. SIGMUND FREUD (The Ego and the Id, 1927) in his psychoanalytical
theory of human personality.

PSYCHOLOGICAL REASONS WHY CRIME EXISTS

1) Becarria of his classical School of Thought stated that crime is the result of the
free will of men, because biological organism with intelligence and rationality
controls their behavior.
2) According to the Neo-Classical School of Thought, crime is the result of the free
will of men but were committed due to some compelling reasons. This accepts
the fact that crimes are committed in accordance with the free will of men but the
act of committing a crime is modified by some causes that finally prevailed upon
the person to commit crimes.
5 THERAPEUTIC MODALITIES

3) Cesare Lombroso, Positive School of Thought), 1835 1909, who is a father of

modern criminology, considered that criminals are born with some physical
characteristics as the cause of crimes.

SOME PHYSICAL FEATURES THAT CAUSE CRIMES

a) Deviation on head size and shape
b) Asymmetry of the face
c) Excessive dimensions of the jaws and cheek bones
d) Eye defects and peculiarities
e) Unusual size of the ears
f) Nose are twisted, upturned, flattened of aquiline
g) Thick and fleshy lips, swollen and protruding
h) Abnormality of the feet i. Chin receding or excessively long, short or flat
i) Abnormalities of the hair, bald k. Supernumerary fingers and toes
j) Imbalance of the hemisphere of the brain

MENTAL DISTURBANCES AS CAUSE OF CRIMES

 Causes of Mental Deficiency
• Idiots
• Imbeciles
• Feeblemindedness
• Psychopathic Personality
• Epilepsy
• Alcoholism
• Drug Addiction
 Sociological Causes brought about the development of criminal behavior, like
things, places and people with whom we come in contact. Lack of parental
guidance and dysfunctional home (a.k.a. broken homes) are also some of the
causes. SUTHERLAND in his book Principles of Criminology explains briefly the
process by which a person comes to engage in criminal behavior.
6 THERAPEUTIC MODALITIES

• Criminal behavior is learned due to association with others.

• Criminal behavior is learned in the process of communication with other
persons either through verbal or imitation.
• Principal part of learning occurs within the intimate personal group. E.g.
gangs
• Upon learning criminal behavior, the criminal learns the techniques of
committing crimes; its motives, drives and rationale. 5. Learning process
may vary in frequency, duration, priority and intensity.
• While criminal behavior is an expression of general needs and values, it is
not explained by those general needs and values since non-criminal
behavior is the expression of the same needs and values.

PERSONALITY
Authors Sutherland and Cressey (Criminology 9h Ed.) believe that criminal
behavior is due to some characteristic or trait of the personality and that this trait is in
the nature of a Pathological condition which exists prior to the criminal behavior and is
the cause of it. Some scholars have found the explanation of crime in mental
defectiveness, others in schizophrenia, others in psychopathic personality, and others in
a composite group of emotional disturbances. However, psychiatrists differ as to the
importance of these pathological traits; some assert that practically all criminals are
psychopathic, others assert that 10 percent or even less is psychopathic.
Mental disorders have been classified in many ways. One of the simpler
classifications includes three groups, namely, mental defect or mental retardation,
psychosis or insanity, and neuropathic conditions, which include epilepsy,
postencephalitic personality, psychopathic personality and the psychoneuroses.
Mental retardation was once used almost as a specific explanation of crime. The
explanation was explicitly stated in propositions that all or almost all criminals are
"feebleminded". It was also stated in propositions that "feebleminded" persons commit
crimes in the absence of special inhibiting conditions, because they do not have
sufficient intelligence to appreciate the reasons for laws and the consequences of
violations of laws in the proposition that "feeblemindedness" and, thus, the tendency to
commit crimes is inherited as a unit character in accordance with Mendel's law of
heredity; and the proposition that a policy of sterilization or segregation of the
"feebleminded" is the only effective method of preventing crime and of dealing with
criminals.
Every investigation of the mentality of criminals, misdemeanants, delinquents
and other antisocial groups has proven beyond the possibility of contradiction that
7 THERAPEUTIC MODALITIES

nearly all persons in these classes, and in some case all, are of low-grade mentality, It
is no longer to be denied that the greatest single cause of delinquency and crime is low-
grade mentality, much of it within the limits of feeblemindedness.
Popular opinion, based on outdated psychological findings, has it that the great
majority of inmates of penal institutions are mentally defective and that mentally
defective individuals are especially prone to criminal behavior. Indeed, one of the major
reasons why institutionalization was first recommended for the mental defective was to
protect society from his supposed "criminal propensities". More recent psychological
evidence has conclusively demonstrated, however, that inferior mentality is neither the
specific cause nor the outstanding factor in crime and delinquency. Although a higher
percentage of delinquent children come from the ranks of mentally defective, particularly
from those of borderline intelligence, it is not the mental deficiency per se but the
inability of the child to make adequate school or social adjustments that usually results
in his delinquency.

DELINQUENCY
The family is the basic unit of society. It develops the child's personality in all
aspects such as emotional, intellectual, moral, physical, social and spiritual. Other
personalities do not even enter the child's life until after the first few highly formative
years. It is within the family that the child must learn to curb his desires and to accept
rules that define the time, place and circumstances under which highly personal needs
be satisfied in socially acceptable ways. This early training-management of emotion,
confrontation with rules, and authority, development of responsiveness to others - has
been repeatedly related to the presence or absence with delinquency in later years.
Delinquency is concentrated disproportionately in the cities particularly in the
larger ones. Delinquency rates are high among children from broken homes. They are
similarly high among parents who have numerous children.

PERSONALITY TYPES WITH BEHAVIORAL DISORDERS

1. Emotionally disturbed - easily get jealous, high-tantrums and have fear reaction.
2. They wonder away from home, and use love for adventure.
3. They usually cut classes without reasonable cause. Fear of punishment and love
places full of vices.
4. Undisciplined desire for possession (stealing). They are pleasure seekers.
5. Lying is their common type of defending themselves.
8 THERAPEUTIC MODALITIES

6. They are disrespectful and exhibits disobedience towards authority. Then tend to
become antisocial. The manner in which a criminologist should handle the child
in his most difficult time is to apply psychology
VARIOUS PROCESSES AND MEASURES ACCEPTED BY SOCIETY IN CASES OF
VIOLATION OF CRIMINAL LAW
1. Detection and investigation of crimes
2. Arrest and apprehension of criminals
3. Prosecution and conviction of the criminals in a judicial proceeding
4. Imprisonment, correction and rehabilitation of the criminal convicted of a crime
5. Enforcement of laws, decrees, rules and regulations
6. Administration of the police and other law enforcement agencies
7. Maintenance of recreational facilities and other auxiliary services to prevent the
development of crimes and criminal behavior.

GENERAL PSYCHOLOGY
BY:
Ma. Lourdes Vibar-Galindez, Phd. EdD

Eliseo Manuel V. Galindez, MA Crim.

1 THERAPEUTIC MODALITIES

Chapter 2
CONCEPTS AND PRINCIPLES OF HUMAN BEHAVIOR

At the end of this chapter the student should be able to:

• Define Human Behavior

• Understand the Factors that affect Human
Behavior
• Gain knowledge about the motivation of
Human Behavior

Human Behavior Defined

Human Behavior refers to a voluntary or involuntary attitude of a person to adapt
to fit society’s idea of right and wrong.
Also, Human Behavior refers to the full range of physical and emotional
behaviors that humans engage in; biologically, socially, intellectually, etc. and are
influenced by culture, attitudes, emotions, values, ethics, authority, rapport,
persuasion, coercion and/or genetics. This type of behavior is scientifically viewed as
being without specific meaning, unlike social behavior that is influenced by the
expectations of others.

Viewpoints in the Study of Human Behavior

 Neurological
Emphasizes human actions in relation to events taking place inside the
body, especially the brain and the nervous system.
 Behavioral
Focuses on the external activities that can be observed and measured.
 Cognitive
2 THERAPEUTIC MODALITIES

Concerned with how the brain processes and transforms information in various
ways.
 Psychoanalytical
Emphasizes unconscious motives stemming from repressed sexual and
aggressive impulses in childhood.
 Humanistic
Focuses on the subject’s experiences, freedom of choice and motivation
towards self-actualization.

Factors that Affect Human Behavior

• Heredity
It is determined by genes. Genes are segments of cell structures called
chromosomes by which parents pass on traits to their offspring.
• Environment
Consists of the conditions and factors that surround and influence an
individual.
• Learning
The process by which behavior changes as a result of experience or
practice.

Motivation of Human Behavior

1. The Needs Theory of Human Motivation
This theory states that throughout life; desires, wishes and drives that are
collectively called needs, motivate every person. When not fulfilled, these needs
place the individual under stress and in order to relieve the tensions created, one
has to strive for appropriate satisfactions.
These needs are arranged according to its hierarchy, to wit:
• Physiological needs: hunger, thirst, and air, et.
• Safety needs: the need for freedom from threat and danger.
• The sense of belonging and love needs: the need for affiliation, belongingness
and acceptance.
3 THERAPEUTIC MODALITIES

• Esteem needs: the need for achievements, strength, competence, reputation

and status or prestige.
• The need for self-actualization: the need for self-fulfillment to realize
potentialities to become what one is capable of becoming.
2. The Psychodynamics of Human Motivation
Psychodynamics literally means motivation to action, define human
behavior in terms of the personality of the inner self. It is also referring to the
concept of subjective life and inner forces within, called “mental personality.” It
postulates that the mind has three levels by which its psychic forces operate,
namely: The Id, Ego, and Super Ego.

Causes and Conflicts in Human Behavior

1. Physical causes
Refers to natural causes, like typhoon, and earthquake, fire, flood, and
storm.
2. Social conflicts
Reflections or rules in the home, school and community.
3. Economic conflicts
Results from one’s inability to acquire material things because of poverty
or other financial obligations.

Two Basic Types of Human Behavior

1) Inherited Behavior
Concept: Behavioral response or reflex exhibited by people due to their genetic
endowment or the process of natural selection.
Example: Breathing, ingesting food, avoiding waste, mating and defending one’s
self.
2) Learned Behavior
Concept: Involves cognitive adaptation that enhances the human being’s ability
to cope with changes in the environment in ways to improve the changes for
service
Example: communication, logical problem-solving techniques, job, and skills et.
4 THERAPEUTIC MODALITIES

Other Types of Behavior

Types Behavior
 Habitual  Moto, emotional, language
 Instinctive  Unlearned behavior
 Symbolic  Substitute behavior
 Complex  Two or more habitual behaviors
occur in one situation

Personality Dimensions that Affect Human Behavior

Types Characteristics Effect
 Extraversion  Frequently seeks  Get them in
stimulation, trouble, thus it
excitement and has the greatest
thrills role in crime and
delinquency
 Neuroticism  Intensely react to  Enhance habits
stress, generally and influences
moody, touchy, the individual to
sensitive to behave anti-
slights and socially.
anxious or
nervous.
 Psychotism  Cold cruelty,  Impulse
social aggressive
insensibility, individual without
disregard for appreciable
danger, conscience.
troublesome
behavior, dislike
of others,
attraction towards
the unusual.

HUMAN BEHAVIOR AND CRISIS

MANAGEMENT
Rdolfo V. Castillo Jr.

Atty. Ramil G. Gabao

1 THERAPEUTIC MODALITIES

Chapter 3
CRIME AND CRIMINAL BEHAVIOR

At the end of this chapter the student should be able

to:

• Define Crime
• Understand the Elements of Crime
• Gain knowledge about Criminal Behavior

Crime and Criminal Behavior

Crime is an unlawful act punishable by a state or other authority. Crime is
any form of conduct which is forbidden by the law under pain of some
punishment (Thorsten Sellin, 1931).

Crime is any rational human conduct that violates a criminal law and is
subject to punishment (Adler, Mueller & Laufer, 1995).

Crime is defined as an act committed or omitted in violation of a public law

forbidding or commanding it and for which punishment is
imposed upon. Crime is an act or omission prohibited by law. It is also defined as
an act that violates the law of the nation (Inciardi, 2005).

Norm – any standard or rule regarding what human beings should or

should not think, say, or do under given circumstances (Bohm & Haley, 2002)

Deviance – refers to the conduct which the people of a group consider so

dangerous or embarrassing or irritating that they bring special sanctions to bear
2 THERAPEUTIC MODALITIES

against the persons who exhibit it. It should be noted though that not all deviant
behavior is criminal behavior (Inciardi, 2005).

Distinction Between Crime and Sin

Crime – is an act or omission against the penal law of the state
Sin – is an act or omission against the spiritual or divine law

Elements of Crime
• Harm – for crime to occur, there must be an external consequence or
harm.
• Legality – this has two aspects, first the harm must be forbidden for a
behavior to be a crime, second a criminal law must not be retroactive or ex
post facto law.
• Actus reus – this Latin term refers to criminal conduct – specifically,
intentional or criminally negligent (reckless) action or inaction that causes
harm.
• Mens rea – refers to criminal intent or guilty mind.
• Causation – refers to the causal relationship between the legally forbidden
harm and the actus reus.
• Concurrence – this means that the criminal conduct (actus reus) and the
criminal intent (mens rea) must occur together.
• Punishment – there must be a statutory provision for punishment or at
least the threat of punishment.

Three Ingredients of Crime (Philippine National Police)

 Motive or Desire – This is the driving force, the reason why the accused
committed the crime
 Opportunity – It refers to the time and place of the commission of the
crime.
 Instruments – These are tools employed by criminals
3 THERAPEUTIC MODALITIES

CRIMINAL BEHAVIOR
Who is a Criminal?
 Criminal refers to any person who commit or omit crime and violates the
law. They are also persons who conduct or get involved in criminal
activity.

Classification of Criminals
1. Acute criminals – they commit crimes due to impulse of the moment, fit of
passion, anger or spell of extreme jealousy.
2. Chronic criminals – they are those who acted in consonance with deliberate
thinking.
3. Normal criminals – their psychic conditions resemble that of a normal individual,
except that they identify themselves with criminal prototypes.
4. Ordinary criminals – considered to be the lowest form in the criminal career and
engage only in conventional crimes that require limited skills.
5. Organized criminals – they have degree of organization to enable them to
commit crimes without being detected, with specialized criminal activities
operated in large scale.
6. Professional criminals – they are highly skilled and able to obtain considerable
amount of money without being detected due to organization and contact with
professional criminals.
7. Accidental criminals – they commit criminal acts as a result of unanticipated
circumstances.
8. Situational criminals – they are not actually criminals but commit crimes due to a
given situation.
9. Habitual criminals – they continue to commit criminal acts for diverse reasons
due to deficiency of intelligence and lack of self-control.
10. Active-aggressive criminals – they commit crimes in impulsive manner usually
due to their aggressive behavior.
11. Passive-inadequate criminals – they commit crimes because they are pushed to
do it, by inducement, reward, or promise without considering the consequences.
12. Socialized criminals – they are normal in their behavior but mere inadequate and
defective in their socialized process.
4 THERAPEUTIC MODALITIES

Classification of Criminals (The Revised Penal Code)

 Recidivist – is the one who, at the time of trial for one crime, shall have
been previously convicted by final judgement of another crime embraced
in the same title of RPC.
 Quasi-recidivist – is one who commits another crime after having been
convicted by final judgement of a crime falling under either the RPC or
Special Law, before beginning to serve such sentence or while serving the
same.
 Habitual delinquent – is one who, within a period of ten (10) years from the
date of his release or last conviction of crimes of serious or less serious
physical injuries, robbery, estafa, or falsification is found guilty of any of
the said crimes for the third time or oftener.
CRIMINAL ETIOLOGY
 Criminal Etiology – refers to the study of the causes of crime. It discusses the
different explanations to criminality including the theories and factors that
account for criminal behavior of a man. Criminal etiology tries to understand and
explain the causes why people commit a crime.
 Earlier Explanations of the Existence of Criminality
• Crime is caused by demon (Paganism Era). Men violate social and
religious practices because they are possessed by demons or evil spirits.
• Crime is caused by divine will. Men manifest criminal behavior because
they are sinful. God is the offended party when they commit crimes, and
the punishment is in a form of plagues, earthquakes, or other forms of
desolation.
• Crime is a matter of personal offense and retribution (Ancient World, Early
Greek Law). The earliest form of punishment was private revenge, in
which the victim or the victim’s kin retaliated for injury and the community
did not interfere.Crime is equal to sin (Middle Ages).
• Crimes and sins were treated as the same substance and nature.

CRIMINOLOGY AND PSYCHOLOGY OF

CRIME
Alviola, A. (2014). Criminology and Psychology
of Crimes. Philippines: Wiseman’s Books
Trading, Inc.
1 THERAPEUTIC MODALITIES

Chapter 4
FUNDAMENTALS PRINCIPLES AND CONCEPTS IN
HUMAN RIGHTS

At the end of this chapter the student should be able to:

• Define Human Rights

• Understand the Evolution of the Concept of
Human Rights
• Remember the Attributes of Human Rights
• Evaluate the Classifications of Human Rights

Human Rights Defined

The Philippine Supreme Court recognizes the fact that the definition of human
rights remains inconclusive. Nevertheless, it agrees that “human rights seem to closely
identify the term to the universally accepted traits and attributes of an individual, along
with what is generally considered to be his inherent and inalienable rights,
encompassing almost all aspects of life.” As such, it may be argued that the term
human right is a broad concept that its scope “can be understood to include those that
relate to an individual’s social, economic, cultural, political and civil rights.”

However, the basic definition of human rights is that these refer to “those rights
which pertain to all persons and are possessed by every individual because they are
human.” Otherwise stated, human rights are those rights which a person is entitled by
reason of him being a part of the human family. Accordingly, human rights are inherent
rights and are not conferred by any authority.

In addition, human rights may be defined in the context of present-day

understanding as those rights which human beings cannot live with dignity, freedom,
and justice in any nation or state regardless of color, place, birth, ethnicity, race,
religion, or sex or any such considerations. This concept is reflected in the Philippine
Constitution when it declares that “the State values the dignity of every human person
and guarantees full respect for human right” and consequently, (t)he Congress shall
give highest priority to the enactment of measures that protect and enhance the right of
all the people to human dignity.”
2 THERAPEUTIC MODALITIES

Concept of a Human, Philippine Perspective. It should be understood that

human rights which belong to a human person or being. This means that in order for
this to exist, there should be a “human” in existence. The concept of a human, in a
general sense refers to a right-holder, one who can demand these rights. He or she
should be rightfully treated with dignity for the reason that he is part of the human
family. Attached to this is the question of when does a human begin to exist? The
Philippine legal system has categorically stated in the celebrated case of Imbong v.
Ochoa, that a human person began to exist when woman’s egg cell is fertilized by a
man’s sperm cell. At the precise moment the same was fertilized that it is now entitled of
the most fundamental human right to life. Consequently, a contraceptive medicine which
kills the fertilized egg cell will amount to an act of killing a human, an abortion.

The Evolution of the Concept of Human Rights

Arguably, the emergence of the concept of human rights may be traced to

antiquity – as far back as the Greek and the Roman times. The earliest manifestation of
human rights can be tied up with the Greek stoicism philosophy, one of earlier thoughts
which built the foundation of the natural law theory.

According to stoic’s beliefs, every human person should live in accordance with
nature. In so doing, every man was gifted by nature a rational thinking for him to
formulate ethical mores which are in line with nature. Considering that every person has
the capacity to reason, then it is incumbent upon them to respect one another. Hence,
the idea that every person, naturally equipped with the capacity to reason out, are
equal. This concept of equality, which is one of the primordial manifestations of human
rights, was also concurred in by Ulpian, a jurist from the Roman Empire. He argued that
in accordance with natural law, “men and women are equal and (are) born free.”
Nevertheless, although, Ulpian’s declaration of equality of sexes may be related to
human rights, many scholars argue that the birth of the true concept of human rights
can only be attributed to medieval scholars from Thomas Hobbes to St. Thomas
Aquinas to John Locke and to Hugo Grotius.

This idea of equality of all men impregnated a richer debate on the rights of every
person. The early writing of Hugo Grotius, On the Law of War and Peace, reinforces the
stoic philosophy of reason and natural law (although some argues that Grotian
philosophy is more Aristotelian than stoic).

John Locke's essays, Civil Government, followed suit. However, what is

noteworthy on Locke's view is that he expounded the correlation between natural law
and rational thoughts. According to him, "human beings' reason should tell them that
they should not harm others because all human beings were created by the same divine
3 THERAPEUTIC MODALITIES

force, and therefore shared certain rights. This translates, again, to the concept of
equality propounded by thinkers before him.

The essay of Thomas Hobbes, the Leviathan, introduced the idea of simple
freedom and liberties and its consequential obligations. His main thesis was that natural
rights pertaining to such freedom and liberties are not without limitations since it should
be exercised in accordance with natural law. That although, a person has the right to
self-preservation, he cannot exercise it without boundaries to the extent of harming the
respective right of his fellow human being,

On account of this right to self-preservation, John Locke and Thomas Hobbes

both agree to one point that all human rights emanate from one "original right" which
pertains to the right of an individual to preserve his life."

What can be seen from the foregoing discussion on the origin of the concept of
human rights is that every human person is by nature (hence natural law) gifted with
rights and all are considered equal notwithstanding varying circumstances such as sex.

This same concept was carried on in the aftermath of the Second World War.
During the immediate post-war era, there was an international effort to protect and
promote the rights and dignity of every human being through an international legal
system. It was under this period that the term "human rights" was formally introduced.
12 This observation can be derived from the texts of the 1945 United Nations Charter of
the Human Rights and in the 1948 Universal Declaration of Human Rights. These two
documents address the States and the individual person in the pursuit of giving
protection to human rights. This further catapulted the drafting of subsequent
international legal documents which embody the same goal such as the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and the International
Covenant on Civil and Political Rights (ICCPR).

To date, the ICESCR and the ICCPR, together with the Universal Declaration of
Human Rights, are regarded as the International Bill of Human Rights. These three
instruments treat human rights not in a particular manner. This viewpoint was
transformed in a later period as what is may be seen in subsequent international human
rights law which treats the subject in particular aspects.

Attributes of Human Rights

Human rights are universal, interdependent and indivisible, inalienable, and

inherent.
Universal. Human rights apply to all persons by reason of him being a human.
4 THERAPEUTIC MODALITIES

Interdependent and indivisible. All human rights are interrelated or

interconnected with one another.

Inalienable. Human rights are inalienable in a sense that it cannot be removed

out of a human person just because of his particular status or circumstance.

Inherent. Human rights are birth rights.

Classifications of Human Rights: Civil, Political, and Economic, Social, and

Cultural

Human rights may be categorized into three groups: first, civil rights; second,
political rights; and third, economic, social and cultural rights.

Civil rights are also known as civil liberties. These are sets of rights pertaining to
“those that belong to every citizen of the state or country, or, in wider sense, to all its
inhabitants, and are not connected with the organization or administration of the
government. They include the rights to property, marriage, equal protection of the laws,
freedom of contract, etc. or, as otherwise defined civil rights are rights appertaining to a
person by virtue of his citizenship in a state or community. Such term may also refer, in
its general sense, to rights capable of being enforced or redressed in a civil action.

Political rights are those which guarantee a citizen the authority to participate in
the running of the affairs of the government.

Economic, social and cultural rights are human rights which recognize, protect
and guarantee the person’s right to education, housing, adequate standard of living,
health and science and culture.

All classes of rights are interdependent to one another

Bear in mind that one of the attributes of human rights is the interdependence of
one to the other. This means that the fulfillment of one class of right is not independent
or isolated from the enjoyment of another.

Legitimate Limitations on Human Rights

It is interesting that human rights are not characterized as absolute, which means
that it may be subjected to restrictions or limitations. However, these limitations are not
absolute as well.
5 THERAPEUTIC MODALITIES

Generally, in order to qualify such limitations as a valid interference on an

individual's human rights, it must be established that these are proportionate to the
result intended by that curtailment. Clapham (2007) proposes a framework under which
the said restriction may be tested. This is summarized as follows: "(1) is there a
legitimate aim to the interference?; (2) is the interference prescribed by a clear and
accessible law?; and (3) is the interference proportionate to the identified legitimate aim
and necessary in a democratic society?"

Noteworthy of the foregoing framework is the second aspect which refers to the
existence of a legislation. This means, then, that restriction on human rights may be
made only through a valid law.

Restrictions of human rights may be exercised by the State through its police
power

Conflict exists between the competing interests of an individual person to

exercise his rights and of the State to enforce peace and order. Police power allows the
regulation of such right, especially through legislative acts. This is the power to
prescribe regulations, to promote the health, morals, peace, education, good order or
safety, and general welfare of the people.

However, the use of this power should observe the standards which are clearly
laid down by jurisprudence. First, there must be a legitimate purpose, and second, it
must be done through lawful means.

A vague law which limits the exercise of human rights is not a legitimate
restriction; void-for-vagueness doctrine

Again, a valid law must be clear as to its terms in order to properly inform the people of
such restriction, otherwise it is void or inexistent. For an instance, the right to free
speech of a person cannot be curtailed through a law which in itself is equivocal in a
sense that it lacks comprehensible standards that men of common intelligence must
necessarily guess at its meaning and differ as to its application."

Human Rights Law Defined

There is no specific definition of human rights law. However, it may be loosely

defined as a rule of conduct created for the promotion and protection of human rights.
Unlike any other laws, human rights laws do not create rights but merely set out a state-
recognition of these rights in order to effectively promote and protect them. This is for
the reason that human rights are inherent to human beings and are not conferred,
6 THERAPEUTIC MODALITIES

created, or granted by any authority. The enforcement of human rights laws may either
be international or domestic in scope or both.

PHILIPPINE HUMAN RIGHTS LAW AND

JURISPRUDENCE
2020 EDITION

JAMES GREGORY ALCARAZ VILLASIS

1 THERAPEUTIC MODALITIES

Chapter 5
INSTITUTIONAL CORRECTIONS
(PART1)

At the end of this chapter the student should be able to:

• Gain an overview of the history and personalities
behind Corrections.
• Gain some knowledge about the concept of
punishment and its contemporary forms.
• Understand the concept of the Golden Era in Penology

Historical Perspective of Corrections

13th Century - Securing Sanctuary In the 13th century, a criminal could avoid
punishment by claiming refuge in a church for a period of 40 days.
1576 - England ordered that each county should construct an institution for the
confinement of offender, which is popularly known as the "English House of Correction
or Bridewell-style house of corrections and Workhouses.
16th Century - Transportation of criminals in England was authorized. At the end of this
century, Russia and other European Countries followed this system. This practice was
abandoned in 1835.
18th century - Known as the "Age of Enlightenment" additional jails were constructed
due to the decreasing opportunities for transportation of criminals to other countries and
the elimination of the need of galley slaves
Gaols (jails) - the description given to pre-trial detention facilities operated by English
sheriff in England during the 18th century.
Galleys - long, low, narrow, single decked ships propelled by sails, usually rowed by
criminals. A type of ship used for transportation of criminals in the 16th century.
Hulks (Floating Hell) - these are former warships used to house prisoners in the 18th
and 19th century. The hulks were originally intended only as a temporary solution to a
problem, but they were not completely abandoned until 1858, eighty years later.
2 THERAPEUTIC MODALITIES

Ordeal - is the church's substitute for a trial until the 13th century wherein guilt or
innocence was determined by the ability of the accused of being unhurt through
dangerous and painful test.

EARLY CODES

Babylonian and Sumerian Codes

• Code of King Hammurabi (Hammurabic Code) Babylon, credited as the oldest
code prescribing savage punishment around 1759 BC. But in fact, Sumerian
codes were nearly 100 years older. The main concept of Hammurabic code is
"lex talliones" which means "an eye for an eye; a tooth for a tooth".

King Ur-Nammu's Code

• Decrees the imposition of restitution and fines of execution, mutilation or other
savage penalties.
• Analysis of King Ur-Nammu's also carries a concept of restorative justice that re-
establish the lost relationship between the involved parties in crime that existed
before the commission of crimes.

Roman and Greek Codes

• Justinian Code, 529 AD. Emperor Justinian of Rome wrote his code of law. This
code was a revision of the 12 tables of Roman. However, the law did not survive
due to the fall of the Roman Empire but left a foundation of Western Legal codes.
• The Twelve Tables - represented the earliest codification of Roman law
incorporated into the Justinian code.
• Greek Code of Draco - Greece, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts.
The Greeks were the first to allow any citizen to prosecute the offender in the
name of the injured party
• The Burgundian Code (500 AD) - This code introduced the concept of
restitution. This code specified punishment according to the social class of
offenders, dividing them into: Nobles, Middle class and Lower class and
specifying the value of the life of each person according to social status.
3 THERAPEUTIC MODALITIES

• 509 B.C - A law was passed prohibiting flogging or execution unless affirmed by
the Curiate Assembly.
• Curiate Assembly - was the principal legislative assembly during the era of the
Roman Kingdom. While its primary purpose was to elect new kings, it also
possessed rudimentary legislative powers

CONCEPT OF PUNISHMENT

What is Punishment?
The general concept is that it is the infliction of some sort of pain on the offender
for violating the law. In the legal sense, it is more individual redress or personal
revenge. Punishment therefore is defined as the redress that the state takes against an
offending member.

Contemporary Forms of Punishment

• Imprisonment - Placing offenders in prison for the purpose of protecting the
public and at the same time rehabilitating them by requiring the latter to undergo
institutional treatment program.

• Parole - Parole is defined as a procedure by which prisoners are selected for

release on the basis of individual response and progress within the correctional
institution and by which they are provided with necessary controls and guidance
as they serve the remainder of their sentences within the free community.

• Probation - It is a procedure under which a defendant after found guilty of a

crime is released by the court without imprisonment subject to the conditions
imposed by the court and subject to the supervision of a probation officer (P.D.
9es amended by R.A. 10707),

Justification for Punishment

 Retribution - "retribution generally means "getting even" with the perpetuator. It
refers to the theory of punishment that says an offender should be punished for
the crimes committed because he or she deserves it.
4 THERAPEUTIC MODALITIES

 Deterrence - it is a justification for punishment based on the belief of the

prevention or discouragement of crime through fear or danger

 Specific Deterrence - is directed toward the individual offender. The rationale is

that by making the punishment sufficiently unpleasant, the offender would be
discouraged from committing violations in the future.

 General Deterrence - is designed to use the offenders to "set an example" for

those who might otherwise consider engaging in similar criminal acts.

 Expiation or Atonement - this was in the form of group vengeance, as

distinguished from retribution, where punishment is exacted publicly for the
purpose of appeasing the social group.

 Reformation - Society's interest can be best served by helping the prisoner

become a law-abiding citizen and productive upon his return to the free
community by requiring him to undergo intensive rehabilitation in prison.

 Protection - is rehabilitation of criminals and protection of the public go hand in

hand. If reformation is achieved, then the public protected.

Early Concept of Punishment

King Henry VIII - Decreed corporal punishment for vagrants in 1531 and penal slavery
in 1547 to defend the interest of the still dominant landlord.
Bridewell system/Institution - England established in 1556 as workhouse for
vagabonds, idlers, and rogues. It was a reform over the traditional unworkable system
of punishment.
Saint Bridget's Well - England's first house of correction
Penitentiary Act Of 1779 - This act was passed that mandates the establishment of a
prison system based on solitary confinement, hard labor, and religious instruction
Walnut Street Jail - originally constructed as a detention jail in Philadelphia It was
converted into a state prison and became the first American Penitentiary.
5 THERAPEUTIC MODALITIES

Hospicio de San Michelle - the first home for delinquent boys ever established. Built
by Pope Clement XI in Rome for housing incorrigible youths under 20 years of age.

The Pioneers for the Age of Enlightenment

William Penn (1614-1716) - He is the first leader to prescribe imprisonment as

correctional treatment for major offenders. He is also responsible for the abolition of
death penalty and torture as a form of punishment. He fought for religious freedom and
individual rights.
Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de
Montesiquieu - 1689-1755) - A French historian and philosopher who analyzed law as
an expression of justice. He believed that harsh punishment would weaken morality and
that appealing to moral sentiments as a better means of preventing crime.
Voltaire (Francois Marie Arouet, 1694-1778) - He believes that fear of shame was a
deterrent to crime. He fought the legality-sanctioned practice of torture.
John Howard (1726-1790) - the "Great Prison Reformer" The sheriff of Bedsfordshire
in 1773 who devoted his life and fortune to prison reform. After his findings on English
Prisons, he recommended the following:
 single cells for sleeping;
 segregation of women;
 segregation of youth;
 provision of sanitation facilities; and
 abolition of the fee system by which jailers obtained money from prisoner.
Sir Robert Peel - In 1821, Peel was appointed as home secretary and immediately set
about reforming the criminal code and applying Howard's principles to local prisons.
Cesare Beccaria (Cesare Bonesa, Marchese de Beccaria, 1738 1794) - He wrote an
essay entitled " An Essay on Crimes and Punishment". This book became famous as
the theoretical basis for the great reforms in the field of criminal law. This book also
provided a starting point for the classical school of criminal law and criminology
Jeremy Bentham - (1748-1832) - The greatest leader in the reform of English Criminal
Law. He believes that whatever punishment designed to negate whatever pleasure or
gain the criminal derives from crime, the crime rate would go down.
 He devises the ultimate Panopticon Prison a prison that consists of a large
circular building containing multi cells around the periphery but it was never built.
6 THERAPEUTIC MODALITIES

Alexander Macanochie - He is the Superintendent of the penal colony at Norfolk Island

in Australia (1840) who introduced the Mark System. A progressive humane system in
which a prisoner is required to earn a number of marks based on proper department,
labor and study in order to entitle him for ticket for leave or conditional release which is
similar to parole.
Macanochie's Mark System consists of 5 stages:
 Strict custody upon admission to the penal colony
 Work on government gangs
 Limited freedom on the island within a prescribed area
 Ticket of leave
 Full restoration of liberty
Manuel Montesinos - the Director of Prisons in Valencia Spain (1835) who divided the
number of prisoners into companies and appointed certain prisoners as petty officers in
charge, which allowed good behavior to prepare the convict for gradual release.
Domets of France - established an agricultural colony for delinquent boys in 1839
providing housefathers as in charge of these boys.
Sir Evelyn Ruggles Brise - the Director of the English Prison whe opened the Borstal
institution for young offenders. The Borstal Institution is considered as the best reform
institution for young offenders today.
Walter Crofton - he is the director of the Irish Prison in 1854 who introduced the Irish
system that was modifies from the Macanochie's mark system (progressive stage
system or Irish system).
Zebulon Brockway - the Director of the Elmira Reformatory in New York (1876) who
introduced certain innovational programs like the following training school type,
compulsory education of prisoners, casework methods, extensive use of parole,
indeterminate sentence.
The Elmira Reformatory, 1877 - considered as the forerunner of modern penology
because it had all the elements of a modern system such as:
 Training school type
 Compulsory education of prisoners
 Casework methods
 Indeterminate sentence
Jean Jacques Philippe Villai - founded the Maison de Force in Gent, Belgium. He
introduced:
7 THERAPEUTIC MODALITIES

 felons and misdemeanants should be separated; and

 women and children must have separate quarters
Fred T. Wilkinson - the last warden of Alcatraz Prison.
James Bennet - director of Federal Bureau wrote about the closing of Alcatraz Prison.
It opened in 1934 closed on March 31, 1963 but it was costly on operation Prisons who
When it closed, it has 260 inmates. Alcatraz now, a tourist destination in New York.
Australia - the place which was a penal colony before it became a country. Convicted
criminals in England were transported to Australia, a colony of Great Britain when
transportation was adopted in 1790 to 1875.
Classification Movement - The movement for modern correctional reforms started with
the reorganization of the Federal Prison System in 1930, placing the penal institution of
the United States under the centralized jurisdiction of the Federal Bureau of Prisons.
This movement recruited professionally trained staffs and accentuated the rehabilitation
programs.
California Prison, 1944 - after the second world war, the California Prison system was
reorganized which included the establishment of Reception and Diagnostic Center as a
new type of facility for the study of the prisoners and the preparation of his treatment
and training program in prison.

Two Rival Prison System in the History of Corrections:

 The Auburn Prison System - also known as the "Congregate System". The
prisoners are confined in their own cells during the night and congregate work in
shops during the day. Complete silence was enforced.

 The Pennsylvania Prison System - also known as the "Solitary System".

Prisoners are confined in single cells day and night where they lived, slept, ate
and receive religious instructions. Complete silence was also required. Prisoners
are required to read the bible.

THE GOLDEN ERA OF PENOLOGY

Penology - as a branch of Criminology, which deals with the management, and

administration of offenders.
8 THERAPEUTIC MODALITIES

The word penology was coined by Dr. Francis Leiber. It simply means the
treatment of criminals.
THE GOLDEN AGE OF PENOLOGY - The period from 1870 to 1880 was considered
the golden age of Penology because of the following significant events:
 The National Prisons Association in 1870 was organized in Cincinnati
 The first International Prison Congress was held in 1872 at London which
established the International Penal and Penitentiary Commission and in 1875, its
Headquarters was established at Hague, the Netherlands
 The Elmira Reformatory was established in New York in 1876
 The first separate institution for women was established in Indiana and
Massachusetts.
Corrections - is that branch of the administration of the criminal justice charged with
the responsibility for the custody, supervision and rehabilitation of the convicted
offender.
Correction is the fourth pillar of the CJS. Considered as the weakest pillar of the
Criminal Justice System

Two forms of Corrections

1) Institutionalized Correction - The rehabilitation of offenders in jail or prison.
2) Community - Based or Non-Institutionalized Corrections - refers to correctional
activities that may take place within the community.
Rehabilitation - is a punishment philosophy, which asserts that through proper
correctional intervention, a criminal can be reformed into a law-abiding citizen.

Purposes of Punishment
 To segregate offenders from society, and
 To rehabilitate him so that upon his returns to the society he shall be responsible
and law-abiding citizen.

Two Legal Grounds for Detaining a Person

 commission of a crime
9 THERAPEUTIC MODALITIES

 violent insanity or any other ailment that needs compulsory confinement in a

hospital.

The rules on the admission, custody and treatment of inmates:

 seek to promote discipline and to secure the reformation and safe custody of
inmates.
 shall be applied impartially, without discrimination on grounds of race, color, sex,
language, religion or other opinion, national or social origin, property, birth or
other status.
 Shall be enforced with firmness but tempered with understanding

Pre-release Treatment
It is the program specifically designed and given to a prisoner, during a limited
period, prior to his release, in order to give him an opportunity to adjust himself from the
regimented group like in prison to the normal, independent life of a free individual.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban
1 THERAPEUTIC MODALITIES

Chapter 6
INSTITUTIONAL CORRECTIONS
(PART 2)

At the end of this chapter the student should be able

to:

• Gain some knowledge and overview on the

Philippine Prison System.
• Gain some knowledge on the composition of
the BJMP and BUCOR.

INSTITUTIONAL CUSTODY, SECURITY AND CONTROL

Aims of institutional security:

 To prevent escape;
 To control entry of contrabands;
 Maintenance of good order

Custody - Defined as the guarding of penal safekeeping. It involves security measures,

locking and counting routines, produces for searching prisoners and their living
quarters, and prevention of contraband.
Control - It involves supervision of prisoners to insure punctual and orderly movement
to and from the dormitories, places of work, church, hospitals, and recreational facilities
in accordance with the daily schedule.
Contraband - anything that is contrary to prison rules and regulations.
Prison Discipline - it is the continuing state of good order and behavior in prison. It
includes the maintenance of good standards of work, sanitation, safety, education,
personal health and recreation.
2 THERAPEUTIC MODALITIES

Prevention Discipline - Involves prompt correction of minor deviations before they

become serious violations, which may be dealt with a reprimand or warning and is used
when the deviation is:
 Trivial
 due to ignorance or lack of understanding, or
 the result of careless or faulty habits.

DIVERSIFICATION - Is an administrative device of correctional institutions of providing

varied and flexible types of physical plants for the effective central control of the
treatment programs of its diversified population.
Diversification may be done either:
 By building special institution for different classes of prisoners which is more
desirable since it provides proper segregation of groups and more effective
execution of the treatment program, or;
 Providing separate facilities within a single institution itself, that is, big institution
may be broken into smaller units.
Factors Considered in Diversification
(a) Age
(b) SEX/Gender
(c) Medical or Mental Conditions
(d) Degree of Custody- the most common used factor in diversification

ADMISSION AND CONFINEMENT OF INMATES

Reception and Diagnostic Center (RDC) - This is a special unit of prison where new
prisoners undergo diagnostic examination, shady and observation for determining the
program of treatment and training best suited to their needs and the institution to which
they should be transferred.
Quarantine Unit or Cell - Upon admission in the Reception and Diagnostic Center, an
inmate shall be placed in quarantine for at least five (5) days during which he shall be:
3 THERAPEUTIC MODALITIES

Given a physical examination to determine any physical illness or handicap or

mental ailment and to segregate those suspected of having an infectious or contagious
disease. If found sick, the inmate shall be immediately confined in the prison hospital;
Oriented with prison rules; and Interviewed by a counselor, social worker or other
program staff officers. The interview shall be conducted private.
Assignment of Inmates
After the quarantine period, the inmate shall remain in the Reception and
Diagnostic Center for a period not exceeding fifty-five (55) days where he shall undergo
psychiatric, psychological, sociological, vocational, educational and religious and other
examinations.
The results of said examinations shall be the basis for the inmate's individualized
treatment program. Thereafter, he shall be assigned to a prison facility as may be
recommended by the Chief of the Reception and Diagnostic Center.

RDC'S STAFF
 Psychiatrists
 Psychologists Sociologists
 Educational Counselor Vocational Counselor
 Chaplain
 Medical Officer

Admission Procedures in Prison

 Receiving;
 Checking commitment papers;
 Establishing identity of the prisoner;
 Searching the prisoner;
 Assignment to quarters

Admission of Inmates
An inmate shall be admitted in the Reception and Diagnostic Center of a prison
upon presentation of the following documents:
 Mittimus/Commitment Order of the court;
4 THERAPEUTIC MODALITIES

 Information and Court Decision in the case;

 Certification of detention, if any, and Certification that the case of the inmate is
not on appeal.
Note: A female inmate shall be received only at the Correctional Institution for Women
(CIW).

Form of Mittimus/Commitment Order

The mittimus/commitment order shall be under the signature of the judge and
shall bear the seal of the court attested by the clerk of court thereof.

Admission Process
After registration, the inmate shall be photographed, front and side view,
fingerprinted and assigned a permanent prison number.
The male inmate shall then be given a regulation haircut and his
beard/mustache, if any, shall be shaven off.

THE CLASSIFICATION PROCESS

Classification Board
Every prison shall have a Classification Board that shall classify inmates in
accordance with this Chapter. The Board shall be composed of the following:
Chairman Superintendent
Vice-chairman Chief, Reception and Diagnostic Center
Members Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
Secretary Chief Overseer

Classification - The assigning or grouping of inmates according to their sentence,

gender, age, nationality, health, criminal records, dangerousness, etc.
5 THERAPEUTIC MODALITIES

Four Separate but Coordinated Procedures of Classification

Diagnosis - the prisoners' case history is taken and his personality studied. Through
examination and observations, the RDC's staff determines the nature and extent of the
person's criminality and the extent to which he may be rehabilitated.
Treatment Planning - this is the formulation of a tentative treatment program best
suited to the needs and interest of an individual prisoner, based on the findings of the
RDC's staff.
Execution of Treatment Program - this is in the application of the treatment program
and policies by the classification committee.
Re-Classification - the treatment program is kept current with the inmates changing
needs and with new analysis, based on any information not available at the time of the
initial classification committee meeting of the inmate's case, which continues from the
time of the first classification until the inmates is released.

Purposes of Classification
 To separate prisoners whom by reason of their criminal record or bad character
are likely to exercise a bad influence on other prisoners.
 To separate prisoners who by the gravity of their offenses have been sentenced
to longer period of imprisonment and therefore require more secured prison
facilities.
 To divide the prisoners into classes in order to facilitate their rehabilitative
treatment.
The reception and diagnostic center is a prison facility within a correctional
institution. It receives all newly committed prisoners and it is the entry point of all
incoming prisoners who will be subjected to classification and distribution to the different
operating institutions.

RECEPTION AND DIAGNOSTIC CENTER PROFESSIONAL STAFF

Psychiatrist - He analyzes and makes a report on the prisoner's personality and
emotional make up, he also identifies offenders who needs psychiatric attention and
treatment.
Psychologist - Psychology is concerned with measuring and evaluating an individual's
intellectual capability and his or her ability to cope and adjust in society. With the advent
6 THERAPEUTIC MODALITIES

of the first classification program in New Jersey in 1918, the psychologist became a
dominant force in the classification process
Sociologist - Sociologist have been latecomers into correctional treatment programs.
They are especially helpful in identifying and developing the roles and structures of the
prison subcultures and the administrative personnel.
Social Worker - Social work became particularly important in the spectrum of
corrections when it began to emphasize rehabilitation. The casework is essential in the
pre-sentence investigation phase, and many probation officers and parole officers
received their training in social work on inside the walls.
Educational Counselor - Conduct orientation classes in general education in order to
change the inmate's attitudes towards education. He recommends on the educational
program of the prisoner.
Vocational Counselor - Tests the prisoner in order to determine his general and
special ability interests and skills. He recommends for the type of vocational training of
the prisoner.
Medical Officer - Conducts a complete physical examination on the inmates, and
correlates the prisoner's previous health history with the present findings, and
recommends for the medical treatment of the prisoner.
Chaplain - Encourages the prisoner to participate in religious worship. He ensures that
the spiritual life of the inmates is exercised properly according to one's conscience.
Custodial Officer - The chief of the custodial force observes the prisoner's behavior
and interaction to various situations and recommends on transfer and type of custody of
the inmate.

PHILIPPINE PRISON SYSTEM

Prison - an institution for the imprisonment of persons convicted by final judgment and
with a penalty of more than 3 years.
PRISON (Phil. Setting) - refers to a penal establishment under the control of the
Bureau of Corrections and shall include the New Bilibid Prison, the Correctional
Institution for Women, the Leyte Regional Prison and the Davao, San Ramon, Sablayan
and Iwahig Prison and Penal Farms.
Competent Authority - shall refer to the Supreme Court, CA, RTC, MTC, MCTC,
Sandiganbayan, Military Courts, House of Representatives, Senate, Commission on
Elections, Bureau of Immigration and the Board of Pardons and Parole.
7 THERAPEUTIC MODALITIES

Inmate - refers to a national prisoner or one sentenced by a Court to serve a maximum

imprisonment of more than (3) three years or to a fine of more than one thousand pesos
(P1,000.00);
Detainee - is a person who is confined in prison pending preliminary investigation, trial
or appeal; or upon legal process issued by competent authority.
Death Convict - refers to an inmate whose death penalty imposed by a Regional Trial
Court is affirmed by the Supreme Court en banc.
Carpeta - refers to the institutional record of an inmate which consists of his
mittimus/commitment order, the prosecutor's information and the decision of the trial
court, including the appellate court, if any.
Prison Record - refers to information concerning an inmate's personal circumstances,
the offense he committed, the sentence imposed, the criminal case numbers in the trial
and appellate courts, the date he commenced service of his sentence, the date he was
received for confinement, the date of expiration of his sentence, the number of previous
convictions, if any, and his behavior or conduct while in prison.
Bureau of Corrections - have the general supervision and control of national,
provincial prisons and all penal settlements and is charged with the safekeeping of all
prisoners confined therein.
Bilibid Prison – built on 1847. It became the central confinement for all Filipino
offenders by virtue of the Royal Decree of the Spanish Crown. (May Haligui Estate)
1936 - city of Manila exchange its Muntinlupa property composed of 552 hectares piece
of land with the Bureau of Prisons lot in Manila, N.B. Bilibid Prison is now being used by
the Manila City Government as Manila City Jail
E.O.292 -otherwise known as Revised Administrative Code of 1987 - Sections 1705
- 1751, Revised Administrative Code of 1987, the Prison Law in the Philippines. It was
renamed the Bureau of Prisons to Bureau of Corrections
New Bilibid Prison - located in Muntinlupa City.

Two Satellites

1) Camp Bukang Liwayway (Minimum Security Camp) - house minimum custody

prisoners who work in various projects of the institution.
2) Camp Sampaguita (Medium Security Camp) - house medium security
prisoners where RDC is located
8 THERAPEUTIC MODALITIES

Different Penal Colonies in the Philippines

 San Ramon Prison and Penal Farm - founded by Captain Ramon Blanco of the
Spanish Royal Army. It was established for the confinement of Filipino Political
offenders. (Located in Zamboanga del Sur). It has an area of 1,246 hectares. It
was established on August 21, 1869. This penal farm is designed to promote
agro-industrial activities, and its principal products are corn, rice, copra, coffee
and livestock.
 Iwahig Penal Colony and Farm - founded by Governor Forbes who led the first
contingent of prisoners. It was used originally for the confinement of incorrigibles
and intractable prisoners. In 1905, it was reconverted for the confinement of well
behave and tractable prisoners. (Reorganization Act 1407). It has a land total
area of 36,000 hectares. Established on Nov. 16, 1904.
Four sub-colonies of the Iwahig Penal Colony and Farm

• Inagawan Sub-colony
• Montible Sub-colony
• Santa lucia Sub-colony
• Central Sub-colony

 Davao Penal Colony and farm (January 21, 1932) - founded by Gen. Paulino
Santos. Created by virtue of act 3732 and Proclamation 414 series of 1931.
Mostly devoted to abaca and banana plantation. In 1942, it was used as a
concentration camp for American Prisoners of War. The main source of income
of the Bureau of Corrections. It consists of 18,000 hectares Sablayan Penal
Colony and Farm - founded on Sept. 27, 1954 by virtue of Proclamation Number
72 dated September 27,
 1954. It consists of 16,000 hectares in Sablayan, Occidental, Mindoro.
 Ilo-ilo Penal Colony and Farm (Ilo-ilo province)
 Leyte regional Prison (Abuyog, Leyte) - established on January 16, 1973 during
the martial law with the aim of regionalizing prisons in the country.
 Correctional Institution for Women (CIW) found in Mandaluyong City. It was
established in 1931 by virtue of Act 3579 passed on November 27, 1929. It
Consists of 18 hectares.
 Fort Santiago in Manila - The oldest prison in the Philippines.
9 THERAPEUTIC MODALITIES

Note: Only the New Bilibid Prison and CIW confine death convicts. All the prison and
penal farms have minimum, medium and maximum-security facilities.

Who is a Prisoner?
A prisoner is an offender who is convicted by final judgment by a court or is a
person who is committed by the court or competent authority to be confined in a jail or
prison.
A prisoner is a person committed to jail or prison by a competent authority for any
of the following reasons:
1) To serve a sentence after conviction
2) Trial
3) Investigation
A detainee on the other hand is a person accused before a court or competent
authority who is temporarily confined in a jail or prison while undergoing or awaiting
investigation, trial or final judgment.

Classification of Prisoners
Sentenced Prisoners - those who are convicted by final judgment and under the
jurisdiction of a penal institution.
Detention Prisoners - those who were detained for the violation of law and have not
yet convicted. Those who are on safekeeping

Classification of sentenced prisoners

Insular/national prisoners - sentenced to more than 3 years or a fine of more than
1,000or both
City prisoners - sentenced to less than 3 years or a fine of less than 1,000 or both.
Provincial prisoners - 6 months and 1 day to 3 years or a fine not more than 1,000 or
both.
Municipal prisoners - not more than 6 months

Classification of Prisoners as to Security Risks

An inmate shall be assigned to any of the following security groups:
10 THERAPEUTIC MODALITIES

 Maximum Security
This shall include highly dangerous or high security risk as determined by
the classification board who require a high degree of control and supervision.
Who are Maximum Security Prisoners?
 Those sentenced to death
 Those whose minimum imprisonment sentence is 20 years
 Remand inmates or detainees whose sentence is 20 years and above and those
whose sentence is under review by the SC
 Those with pending cases
 Recidivists, habitual delinquents and escapees V Those confined at the RDC
 Those under disciplinary punishment or safekeeping
 Those who are criminally insane or with server personality disorders or emotional
disorders

 Medium Security
This shall include those who cannot be trusted in less secured areas and
those whose conduct or behavior require minimum supervision.
Who are Medium Security Prisoners?
 Those whose minimum sentence is less than 20 years imprisonment
 Remand inmates or detainees whose sentences are below 20 years Those who
are 18 years of age and below, regardless of the case and sentence
 Those who have 2 or more records of escapes. They are classified as medium
security if they have served 8 years since they were recommitted. Those with
one record of escape must serve 5 years.
 First offenders sentenced to life imprisonment. They can be classified as medium
security if they have served 5 years in a maximum-security prison or less, upon
the recommendation of the superintendent.

 Minimum Security
This shall include those who can be reasonably trusted to serve their
sentences under less restricted conditions.
Who are Minimum Security Prisoners?
11 THERAPEUTIC MODALITIES

 Those with severe physical handicap as certified by the chief medical officer of
the prison
 Those who are 65 years of age and above, without pending case and whose
convictions are not on appeal
 Those who have serve 1/2 of their minimum sentence or 1/3 of their maximum
sentence, excluding GCTA V Those who have 6 months more to serve before
the expiration of their maximum sentence.
Color of Uniforms of Inmates as to Security Classification
Maximum Security - tangerine/orange
Medium Security - blue
Minimum Security - brown
Detainee - gray

Diversification
Diversification is an administrative device of correctional institutions of providing
varied and flexible types of physical plants for the more effective control of the treatment
programs of its diversified population

Classification of inmates as to entitlement to privileges

Inmates shall be classified as follows to determine their entitlement to prison
privileges:
 Third Class Inmate - one who has either been previously committed for three (3)
or more times as a sentenced inmate, except those imprisoned for non-payment
of a fine and those who had been reduced from a higher class;
 Second Class Inmate - a newly arrived inmate; an inmate demoted from first
class; or one promoted from the third class;
 First Class inmate - one whose known character and credit for work while in
detention earned assignment to this class upon commencement of sentence; or
one who has been promoted from the second class;
Colonist - the Director may, upon the recommendation of the Classification Board,
classify an inmate who has the following qualifications as a colonist:
• Be at least a first-class inmate and has served one (1) year immediately
preceding the completion of the period specified in the following qualifications;
12 THERAPEUTIC MODALITIES

• Has served imprisonment with good conduct for a period equivalent to one fifth
(1/5) of the maximum term of his prison sentence, or seven (7) years in the case
of a life sentence.

PUNISHMENT IMPOSED IN DISCIPLINARY CASES

 Solitary confinement - applicable in extreme case specially when there is danger
that the prisoner may hurt himself or others.
 Locking in his cell with loss of yard privileges
 Loss of privileges such as visiting, correspondence and other privileges
 Transfer to another institution
 Assignment to a disciplinary squad for manual labor
 Counsel and reprimand - imposed in trivial cases
 Loss of Good Conduct Time Allowance

Ground for Increasing Penalty

1/5 of the remaining sentence of the prisoner shall be added to his sentence if he
fails to surrender himself to the authority when he escape from prison under
circumstances enumerated in Art. 158 of the RPC. Provided, however, that the added
sentence should not exceed 6 months.

Jails
Jails are institution for the confinement of persons who are awaiting final
disposition of their criminal cases and also for the service of those convicted and
punished with shorter sentences, usually up to three years

Categories of Inmates Confined in Jails

 Those awaiting/undergoing investigation
 Those who are awaiting/undergoing trial
 Those who are awaiting final judgment
 Those who are serving short sentences up to three years
13 THERAPEUTIC MODALITIES

Types of Jail
Lock-up jail - is a security facility for the temporary detention of person held for
investigation or awaiting preliminary hearing.
Ordinary jail - houses both offenders awaiting court action and those serving
short sentences usually up to 3 years.
Workhouse jail farm or camp - houses minimum custody offenders serving short
sentences with constructive work programs.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

It was created pursuant to Sec. 60, R.A. 6975. Headed by a Chief with the rank
of Director to be assisted by the Assistant Chief of the Jail Bureau. It has the mission to
direct, supervise and control the administration and operation of all district, city and
municipal jails to effect a better system of jail management nationwide.
The Jail Bureau shall direct, supervise and control the administration and
operation of all district, city and municipal jails to effect a better system of jail
management nationwide.
The broad objectives of the Bureau are the following:
 To improve the living conditions of offender in accordance with the accepted
standards set by the United Nations.
 To enhance rehabilitation and reformation of offenders in preparation for eventual
reintegration into the mainstream of society upon their release.
 To professionalize the jail services.

Coverage of Supervision by the Jail Bureau

City jails
Municipal jails
District jails

Qualifications of Jail Officers assigned in Key positions in the Bureau

 Chief, BJMP
Shall have the rank of director in the jail bureau;
14 THERAPEUTIC MODALITIES

He must be a member of the Philippine Bar; or a holder of Master's Degree in

National Security Administration or any relevant Master's Degree;
He must have an adequate experience in positions of responsibility and
leadership of at least one year in each of the following fields:
(a) Operations
(b) Administration

 Deputy Chief
Shall have the rank of Chief Superintendent in the jail bureau;
A member of the Philippine Bar; or
A holder of relevant Master's Degree; or
A Baccalaureate Degree with at least 9 years’ experience in jail or police work;
He must have an adequate experience in positions of responsibility and
leadership of at least one year for each field in the following:
(a) Operations
(b) Administration
(c) ARD/Chief of Staff/Chief of Division, Central office

 Assistant Regional Director

Have the rank of Senior Superintendent
Must have undergone the Officer's Executive career Course or its equivalent
Must at least be a Bachelor's Degree holder in law, criminology, psychology,
psychiatry, social work or sociology
Must have previously assigned in supervisory position in jail bureau.

 Provincial Jail Administrator

Have the rank of superintendent
Must have undergone the Officer's Executive Career Course or its equivalent;
must be a bachelor's degree holder, preferably in law, criminology, psychology,
psychiatry, social work or sociology:
15 THERAPEUTIC MODALITIES

Have been previously assigned in supervisory position in the jail bureau

 District Jail Warden

Have the rank of Chief Inspector;

A bachelor's degree holder, preferably in law, criminology, psychology,

psychiatry, nursing, social work or sociology:

Must have undergone the Officer's Advance Course or its equivalent:

Has been assigned in supervisory position in police or jail service

 City and Municipal Jail Warden

Shall have the rank of Chief Inspector
Must be a bachelor's degree holder, preferably in law, criminology, psychology,
nursing social work or sociology
Has been assigned in supervisory position in the police or jail service

 Composition of Classification Board/Disciplinary Board in Jail:

Chairman - Assistant Warden
Members - Chief, security Officer Medical Officer/Public
Health Officer
- Jail Chaplain
- Social Worker/Rehabilitation Officer

PROVISION TO BE FOLLOWED IN ACCORDANCE WITH THE REVISED PENAL

CODE IN RELEASING PRISONER
16 THERAPEUTIC MODALITIES

No prisoner shall be made to serve more than three times of the most severe
penalty or sentence that is imposed upon him, but in no case shall he be made to serve
more that forty (40) years (ART 70, RPC).
If the computed sentence of a prisoner based on the above is forty years, he
shall serve the sentence excluding good conduct time allowance credits that he may
have earn. If given full good conduct time allowance credits during his service of
sentence because of good behavior, the prisoner with computed forty (40) years of
service of sentence shall actually serve more or less 28 years.
A prisoner sentenced to life imprisonment shall serve a sentence equivalent to
thirty years excluding good conduct time allowance that he may earn for good behavior.
No prisoner upon expiration of his prison sentence shall be released by the
superintendent or head of a prison without the approval of the Director
All prisoners convicted by the courts to serve sentences in national prisons shall
be granted good conduct time allowance for good behaviors including those cases are
on appeal.

GOOD CONDUCT TIME ALLOWANCE

Good conduct time allowance is a program that allows for the reduction of the
offender sentence that is based on good behavior while inside the correctional
institution. The good conduct or behavior of any prisoner shall entitle him to the
following deductions from the period of his sentence:
 During the first two years of his imprisonment, he shall be allowed a deduction of
five (5) days for each month of good behavior.
 During the third to the fifth year, inclusive of his imprisonment, he shall be
allowed a deduction of eight (8) days for each month of good behavior.
 During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten (10) days for each month of good behavior
 During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of fifteen (15) days for each month of good behavior.

GRANT OF GOOD CONDUCT TIME ALLOWANCE

17 THERAPEUTIC MODALITIES

The Director of Correction shall grant allowances for good conduct and such
grant once given cannot be revoked.

The allowance for good conduct shall be granted equally and uniformity to
prisoners with good behavior and without adverse records of breaches of discipline.

GRANT OF SPECIAL TIME ALLOWANCE

A deduction of one fifth of the period of his sentence shall be granted to a

prisoner who having evaded the service of his sentence gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the
passing away of a calamity of catastrophe (Art. 98, RPC).

Notes:

 RA 7659 - reimposition of death penalty on heinous crimes.

 RA 8177 - designating death by lethal injection as the method of carrying out
death penalty.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban
1 THERAPEUTIC MODALITIES

Chapter 7
NON-INSTITUTIONAL CORRECTIONS
(PART 1)

At the end of this chapter the student should be able to:

• Understand the Concept of Non-Institutional
Corrections.
• Gain wisdom on the concept of executive clemency
• Understand and comprehend the guidelines on the
grant of probation.

Non-institutional Corrections
It is only in the last 30 years that non-institutional or community-based
corrections have become a substantial part of the correctional system.
Non-institutional corrections embrace any activity in the community directly
aimed at helping the offender become a law-abiding citizen
It provides meaningful ties between offenders and their local environment, that is,
a genuine involvement of offenders with the local network of relationships that provides
most of the goods and services required by persons living in the community
Non-institutional or community-based correction programs began in the 1970s,
1980s, and 1990s.

What is non-institutional Correction?

The subfield of corrections in which offenders are supervised and provided
services outside jail or prison.
Non-institutional corrections as those methods of correcting sentenced offenders
without having to go to prison.
It refers to non-institutional corrections as an approach to punishment that
stresses reintegration of the offender into the
2 THERAPEUTIC MODALITIES

community through the use of local facilities. That aspect of the correctional enterprise
that includes pardon, probation, and parole activities, correctional administration not
directly connectable to institutions, and miscellaneous (activity) not directly related to
institutional care.

Community corrections includes:

 Diversion
 Restitution
 Probation
 Parole
 Halfway houses

Significance of Community-Based Corrections

Humanitarian Significance
Today's prisons are inhumane places Any person who has spent time in prison
even the newly constructed prison, knows too well that prison breeds physical jeopardy,
predatory homosexuality, violence and loss of self-worth.
Restorative Significance
The restorative aspect of community corrections concerns measures expected to
achieve an integrated, non-criminal position for the offender in the community
Managerial Significance
The managerial aspects of community-based corrections are especially
significant because of the major difference in the costs of custody and those of
community programs.

What is Executive Clemency?

Executive clemency is a disposition of the President to show mercy, especially
toward an offender or enemy. It is granted for the purpose of relieving the harshness of
the law or correcting mistakes in the administration of justice. Executive clemency is
granted the President of the Philippines as embodied in the 1987 Constitution (Article
VII, section 19).
3 THERAPEUTIC MODALITIES

What is Pardon?
A pardon is an act of grace, which exempts the individual on whom it is bestowed
from the punishment, which the law inflicts for the crime he has committed

The pardoning power is provided for in Article VII, Sec. 19 of the Philippine
Constitution as follows:
"Except in cases of impeachment, or as otherwise provided in the constitution,
the President may grant reprieve, commutation, and pardon, remit fines and
forfeitures, after final judgment."
"He shall also have the power to grant amnesty with the concurrence of a
majority of all members of the Congress"
The exercise of the pardoning power is discretionary in the President and may
not be controlled by the legislature or reversed by the courts, save only when it
contravenes the limitations set by the Constitution.

Limitations of the Pardoning Power

Pardon cannot be granted in cases of impeachment. Strictly speaking, an
impeachment proceeding is not a judicial, much less a criminal prosecution and
therefore does not essentially come under the pardoning power. However, the party
convicted in an impeachment proceeding is subject to prosecution, trial and punishment
in an ordinary criminal action and in this case can be extended a pardon.
No pardon can be granted for the violation of any Election Law, rules and
regulations without the favorable recommendation of the Commission on Election (Art.
IX, Sec. 5, Constitution). But it is to be noted in this connection that not every offense
committed on Election Day is to be considered an election offense. Hence, several
persons convicted of having committed on this day the crime of illegal possession of
firearms as punish under the Revised Administrative Code could be validly pardoned
without the necessity of a favorable recommendation of the Commission on Election.

Pardon can be granted only after conviction by final judgment

Power cannot be exercise over civil contempt. The reason is that the punishment
imposed for a civil contempt, being remedial is for the benefit of a private litigant, whose
rights have been violated by the condemner. It is not punitive or imposed in the public
interest. "But the President may pardon a person convicted of criminal contempt."
4 THERAPEUTIC MODALITIES

Pardon cannot be exercise over congressional contempt declared by resolution

of the legislative body. However, if a person is convicted under the Revised Penal Code
for disturbing parliamentary proceeding, the President may pardon him.
Kinds of Pardon
 Absolute Pardon
It is absolute pardon when the President does not impose any condition or
qualification upon the pardoner.

 Conditional Pardon
It is conditional when the President annexes to his offer of pardon any
conditions or qualification he may see fit. A conditional pardon has no effect or
force until accepted by the condemned.

Effects of Pardon
 Pardon removes the penalties and resultant disabilities imposed by law;
 Pardon restores to a person the enjoyment of his civil and political rights

Eligibility for Conditional Pardon

The petitioner must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence;
At least two (2) years of the minimum sentence if convicted of murder, or
parricide but not sentenced to Reclusion Perpetua. At least one (1) year of the minimum
sentence if convicted of Homicide. At least nine (9) months if convicted of Frustrated
Homicide
At least six (6) months if convicted of attempted Homicide.

Eligibility for Absolute Pardon

For absolute pardon, ten (10) years must have elapsed from the date of release
of the petitioner from confinement or five (5) years from the date of expiration of his
maximum sentence, whichever is more beneficial to him.
However, the board may consider a petition for absolute pardon even before the
lapse of the aforementioned periods in special cases such as:
5 THERAPEUTIC MODALITIES

• When the petitioner is seeking reinstatement in government service.

• Needs medical treatment, which is not available locally.
• Will take a government or Bar examination Emigrating.

Prisoners not Eligible for Conditional Pardon

 If the prisoner is eligible for parole
 If the prisoner has been sentenced to another prison term within one (1) year
from the date of his last recommitment to the jail or prison from where he
escaped.
 If the prisoner is suffering from mental illness or disorder as certified by a
government psychiatrist.
 If the prisoner had violated a conditional pardon, which was previously granted
before the expiration of his maximum sentence.

REPRIEVE
A reprieve is a withdrawal or withholding of punishment for a time after conviction
and sentence and is in the nature of a stay of execution. It merely postpones the
sentence for a time. It does not and cannot defeat the ultimate execution of the
judgment of the court but merely delays it.
It may be ordered to enable the government to secure additional evidence to
ascertain the guilt of the convict or, in the case of the execution of the death sentence
upon a pregnant woman, to prevent the killing of her unborn child.
However, it must be understood that there's a difference between reprieve and
suspension of sentence. While reprieve postpones the execution of the sentence to a
certain day; suspension of sentence postpones it for an indefinite time.

Kind of Reprieve
In common law, reprieve after judgments is of three kinds, to wit:
 At the pleasure of the Crowd
 In the discretion of the court of necessity

COMMUTATION
6 THERAPEUTIC MODALITIES

It is the substitution of a lesser punishment for a greater punishment by authority

of law and may be imposed upon the convict without acceptance and against his
consent. In this respect, it differs from a pardon to the validity of which acceptance is
essential.

Effects of commutation of sentence

The commutation of the original sentence for another of a different length and
nature and shall have the legal effect of substituting the latter in the place of the former.

Eligibility for commutation of sentence

The prisoner must have served at least one - third (1/3) of the minimum of his
indeterminate sentence, or the following portions of his prison sentence consisting of
Reclusion Perpetua;
At least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape
or Kidnapping with murder
At least eight (8) years if convicted of simple murder, parricide, rape, or violation
of anti - drug laws.
At least twelve (12) years if given two (2) or more sentence of reclusion perpetua.
At least twenty (20) years in case of one (1) death sentence which was
automatically commuted to Reclusion Perpetua.
At least twenty-five (25) years in case of two (2) sentence of Reclusion Perpetua;
provided one (1) of the sentences had been automatically commuted from a death
sentence.

What is Parole?
Parole is the conditional release of an offender from a correctional or penal
institution after he has served the minimum period of his prison sentence under the
continued custody of the state and under the condition that permit his re-incarceration if
he violates a condition for his release.

Objectives of the Parole system

Uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of liberty and economic usefulness
7 THERAPEUTIC MODALITIES

Individualize the administration of our criminal law with the end in view that
standardization of penalties is avoided but fitted to the individual, without prejudice to
the basic need of maintaining and protecting social order.

Eligibility of Parole
Unless disqualified, a prisoner shall be eligible for the grant of parole upon a
showing that:
 he is confined in a jail or prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction
 he has served the minimum period of said sentence less the good conduct time
allowances (GCTA) earned.
 there is a reasonable probability that if released, he will be law – abiding
 his release will not be incompatible with the interests and welfare of society.

Disqualification for Parole

1) Those convicted of an offense punished with Reclusion Perpetua
2) Those convicted of treason, conspiracy and proposal to commit treason
3) Those convicted of misprision of treason, rebellion, sedition, and espionage
4) Those convicted of piracy
5) Those who are habitual delinquents, i.e., those who within a period of ten (10)
years from the date of release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa and falsification,
are found guilty of any of said crimes a third time or oftener
6) Those who escaped from confinement or evaded sentenced
7) Those who were granted conditional pardon and violated any of the terms thereof
8) Those whose maximum term of imprisonment does not exceed one (1) year or
are with a definite sentence
9) Those suffering from any mental disorder as certified by a psychiatric report of
the Bureau of Corrections or the National Center for Mental Health
10) Those whose conviction is on appeal
8 THERAPEUTIC MODALITIES

11) Those who have pending criminal case for an offense committed while serving
sentence.

What is Probation?
It is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and under the supervision of a
probation officer.
It is a procedure wherein a sentence of offender is temporarily suspended and he
is permitted to remain in the community, subject to the control of the court and under the
supervision and guidance of a probation officer.

Probation is the status of a convicted offender during a period of

suspension of the sentence:
 Is given liberty conditioned on his good behavior
 The state, by personal supervision, attempts to assist him to maintain good
behavior. It is a privilege granted by the court to a person convicted of a crime or
criminal offense to remain with the community instead of actually going to prison.
Probation as a term derived from the Latin word "Probare," meaning "to prove".
As the term's Latin etymology states, probation involves the testing of an offender and
his proving that he is worthy of his freedom.

Two Types of Probation:

 Juvenile Probation covering offenders ages 9 and under 18 (PD 603) as
amended by RA 9344.
 Adult Probation covering ages 18 and above (PD 968).

Forerunners of Probation:
Benefits of Clergy
13th century, a compromise between the church and the King, wherein any
member of the clergy brought to trial in the king's court shall be claimed from that
jurisdiction by the bishop or chaplain representing him and placed under the authority of
the ecclesiastical court.
Judicial Reprieve
9 THERAPEUTIC MODALITIES

This is temporary suspension of the execution of sentence by the judge either

before or after judgment. Early in the 17th century, with the establishment of settlements
in America, English courts began to grant reprieves to prisoners under sentence of
death on condition that they accept deportation.
Recognizance or "binding over for good behavior"
This is the direct ancestor of probation. This involves an obligation or promise
under oath that the accused must "keep the peace" and "be of good behavior". Sureties
or bail were usually required. Usually applied to any felony not capital. This led to the
development of the first British Probation Service
Transportation
The sending or putting away of an offender to another colony. It was an attempt
to substitute for brutal punishment at home an opportunity for rehabilitation in a new
country.
John Augustus
Boston shoemaker who is considered as the "father" of Probation. The first
volunteer probation who in 1841 secured the release of a drunkard at Boston court by
acting as surety. The offender turned to be a "sober, industrious citizen" under his care.
He acted as surety for 1,115 males and 794 females and gave less formal aid to many
others the next 17years. Such volunteers became more numerous and were, in effect,
probation officers before probation had been authorized by the state.
Matthew Davenport Hill
18h century, English barrister and judge. As young professional in England, he
has witnessed the sentencing of youthful offenders to one-day terms on the condition
that they be returned to a parent or guardian who would close supervise them.
Massachusetts
The first State where the first practical demonstration of probation, the first use of
the term as a court service and the enactment of the first probation law occurred.
April 26, 1878
Signing of the first probation law by Governor Alexander H. Rice of the State of
Massachusetts. The Law provided for the appointment and prescribed the duties of a
salaried probation officer.
John Savage
First paid and official probation officer Boston in 1878.
Vermont
10 THERAPEUTIC MODALITIES

It is the second state to enact a probation law with the signing of Vermont Act of
1898. It is the first to adopt the County Plan of probation.
Vermont Act of 1898
Provided probation only after suspension of sentence of the execution of
sentence.
January 11, 1909
The first Probation Bill was introduced during the 60th congress, 2nd session by
Representative McCall of Massachusetts.
March 4, 1925
The first Federal Probation Act became law, signed by President Calvin
Coolidge.

Juvenile Probation Develops:

1899 - Minnesota and Illinois enacted laws giving probation service to children only.
Rhode Island - where the first completely state administered probation system
appeared.
New Jersey - the fourth state to pass a general probation law after the New England
model in 1900.
New York - was the fifth state to provide for adult probation. California - was the sixth
state to enact adult probation and juvenile court laws, both in 1903.
Connecticut and Michigan - next state to enact general probation law in 1903. In
Connecticut, every court was authorized to appoint one or more probation officers. The
first Act limited the use of probation to persons convicted of misdemeanors, but two
years later this limitation was removed. The first Michigan Law limited probation to first
offenders.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban
1 THERAPEUTIC MODALITIES

Chapter 8
NON-INSTITUTIONAL CORRECTIONS
(PART 2)

At the end of this chapter the student should be able to:

• Cope up the concept of Parole system.
• Understand the Concept of Non-Institutional
Corrections.
• Gain wisdom on the concept of executive clemency
• Understand and comprehend the guidelines on the
grant of probation.

HISTORY OF PROBATION IN THE PHILIPPINES

August 7, 1935 the Philippine Legislature enacted the Probation Act (Act No.
4221) creating a Probation Office under the DOJ, led by a Chief Probation Officer
appointed by the American Governor-General with the advice and consent of the United
State Senate.
This law provided probation for first offenders 18 years of age and above
convicted of certain crimes. It stayed only for two years.

People vs. Vera

It challenged the constitutionality of Act 4221 on three grounds:
 Encroaches the pardoning power of the chief Executive;
 It constitutes an undue delegation of legislative power, and
 It denies the equal protection of the laws.

November 16, 1937

2 THERAPEUTIC MODALITIES

The Philippine Supreme Court (People vs. Vera, 37 O.G. 164) declared it as
unconstitutional. It ruled that said law contravened the "equal protection of the law
clause" as it surrendered to provincial boards of each province the power to appropriate
or not, funds for the establishment of provincial probation courts.

House Bill No. 393

Filed by Teudolo C. Natividad and Ramon Bagatsing. This is the second
Bill/measure that attempts to established an adult probation in the Philippines. It was
passed in the lower house but pending in the senate when martial law was proclaimed.

The present probation laws

Presidential Decree 968
Considered as the Probation Law of 1976. This was signed into law by then
President Ferdinand Marcos on July 24, 1976 during the last day of the first national
conference on Crime Control held at Camp Aguinaldo.
January 3, 1978
Effectivity of the application of the substantive provisions concerning grant of
probation
Teudolo C. Natividad
Former NAPOLCOM commissioner and former Congressman of Bulacan. Known
as the "Father" of Probation in the Philippines.

Application for Probation

The application for probation shall be filed by sentenced or convicted offender
whose sentence is not more than 6 years imprisonment.
It shall be filed with the court that tried and sentenced the offender.
Section 32, RA 6425 (Dangerous Drug Act of 1972) Probation is granted to drug
addicts.
PD 603, amended by PD 1179 (Child & Youth Welfare Code) probation to minor
offenders.
PD 968 was approved only on July 24, 1976 and became operational on January
3, 1978. Sentenced offenders 18 years and above can apply probation before serving
3 THERAPEUTIC MODALITIES

sentence. However, the first probation in 1937 was declared unconstitutional because it
covers only provinces that can financially afford to adopt the law.

Petition for Probation

Is there a need to apply for probation to avail of its benefits?
Yes, it will not be granted except upon the application by the accused. The
necessity for such application is indicated in Sec. 4, PD 968, which states that "the trial
court may, after it shall have convicted and sentenced a defendant and upon application
by said defendant within the period of perfecting an appeal
When can a petitioner file his application for probation?
The law says that the application should be made within the period for perfecting
an appeal or within 15 days from the promulgation of notice of judgment.
Is there a form prescribed for the application for probation?
Yes, it shall be in the form approved be the Secretary of justice as recommended
by the Administrator or as may be prescribed by the SC
Where can we file the application for probation?
The application for probation be filed directly to the trial court that heard and
sentenced the person applying for probation.
What then be the duty of the court after receipt of the application?
The trial court may notify the concerned prosecuting officer of the application at a
reasonable time before the scheduled hearing thereof.

Procedures in Applying for Probation

The offender or his counsel files a petition with the convicting court. The court
determines convict qualifications and notifies the prosecutor of the filing of the petition
The prosecutor submits his comments on such application within 10 days from
receipt of the notification.
If petitioner is qualified, his application is referred to the probation officer for post-
sentence investigation.
The post-sentence investigation report (PSIR) is submitted by the probation
officer to the court within 60 days.
The court grants or denies the petition for probation within 15 days upon receipt
of the PSIR.
4 THERAPEUTIC MODALITIES

Effects of filing an application for Probation

The court may, upon receipt of the application suspend the execution of
sentence imposed in judgment;
Pending the submission of the PSIR and the resolution on the application, the
applicant may be allowed on temporary liberty under his bail, on a new bail, or released
on recognizance.

Disqualifications for Probation

 Those who were sentenced to more than 6 years
 Those who were convicted of crimes against the security of the state (Art. 134 to
157 except 135, 140 and 152 of the RPC)
 Those previously convicted and punished of not less than 1 month and 1 day
imprisonment and/or fine of not less than 200 pesos (include those punished with
destierro)
 Those who were previously granted probation under P.D. 968
 Those who were already serving their sentence when probation became
applicable.

The Court will not grant Probation if it finds

 The offender can be treated better in a mental institution or other places for
correction
 The offender is a risk to the community
 The offense is grievous to the eyes of the community
When Probation is granted, what conditions are imposed by the court?
• The probationer must present himself to his probation officer within 72 hours
• Report to his probation officer at least once a month
• Not to commit another crime
• Comply with any other lawful conditions imposed by the court
If the probationer committed a crime while under probation, what would be the
consequences?
5 THERAPEUTIC MODALITIES

• The probationer will be arrested for violation of the condition of probation

• Prosecution of the new crime committed
• The court will order the serving of the original sentence of the previous offense
How long is the period of probation?
• Not more than 2 years if the sentence is imprisonment for 1 year or less
• Not more than 6 years if the sentence is imprisonment for more than 1 year but
not more than 6 years.
Note: Probation starts upon issuance of the court granting probation

When should probation be denied?

• The offender is in need of correctional treatment that can be provided more
effectively by his commitment to an institution
• There is undue risk that during the period of probation the offender will commit
another crime
Probation will depreciate the seriousness of the offense. The offender may be
released pending application for probation:
• On the same bond he filed during trial
• On a new bond
• To the custody of a responsible member of the community if unable to file bond

When can the Court Modify the Conditions for Probation?

• At any time during supervision
• After summary hearing when the probationer violated any of its conditions Upon
application by the probation officer or the probationer himself
Note: only the judge who heard and decided the case has the power to grant, deny,
modify, revoke and terminate probation.

OUTSIDE TRAVEL
Probation officer authorized the probationer to travel outside the area of the
operation for a period of 10 days but not exceeding 30 days.
6 THERAPEUTIC MODALITIES

If 30 days, Probation must file 5 days before travel a request to travel outside for
the approval of Probation authorities.
If more than 30 days Probation Authorities shall recommend for Court Approval.

CHANGE OF RESIDENCE
The probationer must file a request for change of residence at the city or
provincial Parole and Probation officer to the court approval.
If approved, The RTC which has jurisdiction over the place shall have full control
of the probationer.
Who is a volunteer probation aide?
He/she is a civilian of good repute and integrity, at least 18 years of age,
appointed by the Probation Administration to assists the Pos in investigation and
supervision. A VPA is not entitled to salary but is given a reasonable travel allowance.

Termination of Probation
After the probationer has satisfactorily completed the probation period, the
Probation Officer shall submit termination report to the court containing the followings:
• Condition of probation
• Program of supervision and response to treatment
• Recommendation

Two ways of terminating probation

After period of probation with satisfactory compliance with conditions of
probation.

Other ways of terminating probation

 Termination before the expiration of the period (served at least 1/3 of the
imposed period but not less than 6 months)
 Termination by pardon of the probationer (either absolute or conditional)
 Deportation of the probationer - when an alien on probation is deported,
probation will necessary be terminated.
7 THERAPEUTIC MODALITIES

 Death of probationer
 Rights Restored after Termination of Probation
 All civil rights suspended when the offended was convicted and sentenced are
restored after the termination of probation
 Liability to pay a fine is also discharged IN CASE OF SUBSIDIARY
IMPRISONMENT

How Can Probation help in the Prevention of Crime?

When in the community, he is helped and given opportunities to be productive
and responsible instead of going to prison. Hopefully, these situations restrain the
probationer from committing crime.
How can Community help in the Success of Probation?
 Community accepting the probationers, giving them a feeling of belongingness
 Community agencies and schools are being opened for the training and
treatment of probationers
 Community leaders and layman allowing the participation of probationers in
developmental programs
 Religious organizations giving the probationers spiritual advice and extending
their social action programs to probationers
 Various organizations providing temporary housing for probationers
 The community playing an equally important role after the termination of
probation, it should be ready for the reintegration of the individual into community
life.

Difference of Probation from Imprisonment and Parole:

Probation is an alternative to imprisonment. Instead of being confined in prison,
the probationer is released to the community by the court with conditions to follow and is
placed under the supervision of PO.
Parole is a conditional release of a prisoner whereby he is placed under the
supervision of Parole Officer after serving his minimum sentence.
Probation is a community-based approach to reformation of offenders, while
imprisonment adopts the institutionalized approach.
8 THERAPEUTIC MODALITIES

Probation is handled by the Probation Administration while parole is administered

by the Parole Board.
Probation is enjoyed only once while parole may be granted more than once,
depending on good behavior during imprisonment.
Probation is more beneficent because it restores full civil rights to the probationer
upon termination unlike parole. Probation is essentially a judicial function (under the
control of the court) while parole is an executive function (under the Parole Board)

Additional Information:
P.D. 1257 - participation of the prosecutor in the determination of the application for
probation
P.D. 76 - the period of punishment which is probationable is extended from 6 years and
1 day.
P.D. 1990 the period of punishment which is probationable is lowered again from 6
years and 1 day to 6 years or less.
E.0.292 (Administrative Code of 1987) - renamed the Probation Administration into
Parole and probation Administration.
Nature of Information Gathered - Strictly confidential and privilege
Nature of Post Sentence Investigation - It is recommendatory in nature and address
to the sound discretion of the trial court
Effectivity of Probation - Upon its issuance
Finality - The order of the court granting or denying probation SHALL NOT BE
APPEALABLE.
Probationer - a person placed on probation
Absconding probationer, a person whose probation was granted but failed to report
for supervision or fails to continue reporting for supervision or whose whereabouts are
unknown for a reasonable period of time.
Probation officer - one who investigates for the court a referral for probation or one
who supervises a probationer or both.
Petitioner - an accused or defendant who files a formal petition for probation
Absconding petitioner, a convicted defendant whose application for probation has
been given due course by the court but fails to report to the probation office or cannot
be located within a reasonable period of time.
9 THERAPEUTIC MODALITIES

PAROLE SYSTEM
Parole - refer to the conditional release of an offender from a penal institution after he
has served the minimum period of his prison sentence.
Parolee - refer to a person who is released on parole
Pardonee - refer to a person who is released on conditional pardon.
Client refer to a pardonee/parolee who is place on supervision
Board - refers to the Board of Pardons and parole
Administration - refer to the Parole and Probation Administration
Director refer to the Director of the BuCor
Administrator - refer to the administrator of Parole and Probation Administration

HISTORY OF PAROLE SYSTEM IN THE PHILIPPINES

It came into existence by the passage of Act 4103 as amended by Acts 4203 and
4225, otherwise known as the Indeterminate Sentence Law, which took effect on Dec.
5, 1933.
Board of Pardons and Parole - administers the Parole system of the country

Pre-Parole Investigation:
The Administration has been authorized by the Board to conduct pre-parole
investigation of deserving city, provincial and national prisoner confined in the city and
provincial jails, the national penitentiary and penal colonies, whenever their best
interests and that of justice will be served thereby, and to submit reports of said
investigation at least 60 days before the expiration of the minimum sentences of the
prisoners concerned
Prisoners Qualified for Parole
Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be
eligible for the grant of parole upon showing that:
(a) Heisconfined inajailor prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction and that
10 THERAPEUTIC MODALITIES

(b) He has served the minimum period of said sentence less the Good Conduct
Time Allowances (GCTA) earned.
(c) There is a reasonable probability that if released, he will be law-abiding; and that
d. His release will not be incompatible with the interests and welfare of society.

Prisoners Disqualified for Parole

1) Those persons convicted of offenses punished with reclusion perpetua;
2) Those convicted of treason, conspiracy or proposal to commit treason;
3) Those convicted of misprision of treason, rebellion, sedition or espionage;
4) Those convicted of piracy,
5) Those who are habitual delinquents;
6) Those who escaped from confinement or those who evaded sentence;
7) Those who were granted conditional pardon and violated any of the terms
thereof;
8) Those whose maximum term of imprisonment does not exceed 1 year or are with
a definite sentence;
9) Those suffering from any mental disorder as certified by a psychiatric report of
the bureau of correction or national center for mental health;
10) Those whose conviction is on appeal
11) Those who have pending criminal case for an offense committed while serving
sentence.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban
1 THERAPEUTIC MODALITIES

Chapter 9
THERAPEUTIC MODALITY

At the end of this chapter the student should be able

to:

• Understand and explain the meaning of

Therapeutic Modality
• Gain wisdom on the salient features of
Therapeutic Community

Reformation Program

Therapeutic Community
The Therapeutic Community (TC) Program represents an effective, highly
structured environment with defined boundaries, both moral and ethical. The primary
goal is to foster personal growth. This is accomplished by reshaping an individual's
behaviour and attitudes through the inmate’s community working together to help
themselves and each other, restoring self-confidence, and preparing them for their re-
integration into their families and friends as productive members of the 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.
The TC approach has been continuously proven worldwide as an effective
treatment and rehabilitation modality among drug dependents, and have been noted to
be effective in many prisons, by immersing a drug offender in the TC environment, he
learns why he had developed his destructive habits, which led him to substance abuse.
The program modifies negative behaviour and or attitudes while restoring self-
confidence and prepares inmates for their re-integration into their families and friends as
productive members of the community. This behavioural modification program gradually
2 THERAPEUTIC MODALITIES

re-shapes or re-structures the inmate within a family-like environment, wherein every

member act as his brother's keeper.
As TC family members go on with their daily activities, a strong sense of
responsibility and concern for each other's welfare are developed. They are constantly
being monitored for their progress and are regularly being evaluated by the TC Trained
staff. The TC process allows for genuine introspection cultivation of self-worth and
positive rationalization that move the individual towards assuming a greater sense of
personal and moral responsibility.
The efforts of the Bureau of Corrections to rehabilitate drug dependents under its
care using the TC approach is in line with its commitment to create a drug-free prison.
Worldwide developments in the treatment and rehabilitation of drug offenders using this
therapeutic community approach have been noted to be effective in many positions.

What is Therapeutic Community?

The therapeutic community (TC) is an environment that helps people get help
while helping others. It is a treatment environment: the interactions of its members are
designed to be therapeutic within the context of the norms that require for each to play
the dual role of client-therapist. At a given moment, one may be in a client role when
receiving help or support from others because of a problem behaviour or when
experiencing distress. At another time, the same person assumes a therapist role when
assisting or supporting another person in trouble.

How does therapeutic community look like?

The operation of the community itself is the task of the residents, working under
staff supervision. Work assignments, called "job functions" are arranged in a hierarchy,
according to seniority, individual progress and productivity. These include conducting all
house services, such as cooking, cleaning, kitchen service, minor repair, serving as
apprentices and running all departments, conducting meetings and peer encounter
groups.
The TC operates in a similar fashion to a functional family with a hierarchical
structure of older and younger members. Each member has a defined role and
responsibilities for sustaining the proper functioning of the TC. There are sets of rules
and community norms that members upon entry commit to live by and uphold.

What are the salient features of Therapeutic Community?

3 THERAPEUTIC MODALITIES

1) The primary "therapist" and teacher is the community itself, consisting of peers
and staff, who, as role models of successful personal change, serve as guides in
the recovery process
2) TC adheres to precepts of right living: truth/honesty, here and now; personal
responsibility for destiny; social responsibility (brother's keeper); moral code;
inner person is "good" but behaviour can be "bad" change is the only certainty:
work ethics; self-reliance; psychological converges with philosophical (e.g., guilt
kills).
3) It believes that TC is a place where: one can change - unfold; the group can
foster change; individuals must take responsibility; structures must accommodate
this; act as if - go through the motion.
4) There are 5 district categories of activity that help promote the change:

• Relational/ behaviour management

• Affective/emotional/psychological
• Cognitive/intellectual
• Spiritual
• Psychomotor/ vocational-survival
• Skills

These tools serve more than just the purpose of curbing unproductive behaviour.
They are also a means used for enforcing community sanctions on bahavior that
undermine the safety and integrity of the community such as violations of the cardinal
rules of TC: NO drugs, NO violence or threat of violence, NO sexual acting out and NO
stealing! Everything an officer does is meant to erase "street behaviour" and to lead the
offender to be committed to "right living".
When the office gives seminars and tutorials, arranges activities focused on the
higher power, conducts games, educational trips and other recreational activities, we
touch on the TC aspect of intellectual and spiritual dimension Aside from the role of a
direct supervisor, the VPAs may be the invited resource persons, donors/sponsors,
facilitators, lecturers, etc. during these seminars.
The skills training and livelihood activities fall within the purview of TC's
Vocational and Survival Skills, so with Medical/Dental Clinics and Environment
Conservation activities. In this aspect, the VPA's can facilitate job placement and can
tap community resources for clients social and physical needs.
Therapeutic Community is a tool that the administration uses to prepare the client
for reintegration to the community as a reformed, rehabilitated, productive, drug-free
and law-abiding person.
4 THERAPEUTIC MODALITIES

What is the TC Mission?

To promote human and social transformation among our clients and among
ourselves.

What is the TC Vision?

By the end of this decade, TC shall have become the corporate culture of the
Parole and Probation Administration permeating its plans, programs, and practices, and
confirming its status as a model component of the Philippine Correctional System.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban
1 THERAPEUTIC MODALITIES

Chapter 10
CORRECTION AND REHABILITATION OF PENITENT
OFFENDERS

At the end of this chapter the student should be able to:

• Understand the Correction and Rehabilitation of Penitent

Offenders
• To effect the rehabilitation and reintegration of probationers,
parolees, pardonees, and first-time minor drug offenders as
productive, law-abiding and socially responsible members of
the community.

Objective: To effect the rehabilitation and reintegration of probationers, parolees,

pardonees, and first-time minor drug offenders as productive, law-abiding and socially
responsible members of the community through
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.

Scope and Beneficiaries: All offenders granted probation, parole, pardon and
suspended sentence.

The Administration has adopted a harmonized and integrated treatment program

for these clients to effect their rehabilitation. This harmonized and integrated program
involves (1) The Therapeutic Community Modality (2) The Restorative Justice Principles
and Concepts and (3) the Use of Volunteer Probation Aides (VPAs).
2 THERAPEUTIC MODALITIES

The Therapeutic Community Modality is a self-help social learning treatment

model used for clients with problems of drug abuse and other behavioral problems such
as alcoholism, stealing, and other anti-social tendencies. As a treatment model, it
includes four (4) categories, namely, behavior management, intellectual/spiritual aspect,
emotional and social aspects, and vocational/survival aspects.
In this regard, the Therapeutic Community Modality provides a well-defined
structure for a synchronized and focused implementation of the various intervention
strategies/activities undertaken by the Agency such as:
1. Individual and group counseling
This activity intends to assist the clients in trying to sort out their problems,
identify solutions, reconcile conflicts and help resolve them. This could be done
either by individual or group interaction with the officers of the Agency.
2. Moral, Spiritual, Values Formation
Seminars, lectures or trainings offered or arranged by the Agency
comprise these rehabilitation activities. Active NGOs, schools, civic and religious
organizations are tapped to facilitate the activities.
3. Work or Job Placement/Referral
Categorized as an informal program wherein a client is referred for work or
job placement through the officer’s own personal effort, contact or information.
4. Vocational/Livelihood and Skills Training
The program includes the setting up of seminars and skills training classes
like food preservation and processing, candle making, novelty items and
handicrafts making, etc., to help the clients earn extra income. Likewise,
vocational and technical trade classes are availed of such as refrigeration,
automotive mechanic, radio/television and electronics repairs, tailoring,
dressmaking, basic computer training, etc. through coordination with local
barangays, parish centers, schools and civic organizations.
5. Health, Mental and Medical Services
To address some of the basic needs of clients and their families, medical
missions are organized to provide various forms of medical and health services
including physical examination and treatment, free medicines and vitamins,
dental examination and treatment, drug dependency test and laboratory
examination.
Psychological testing and evaluation as well as psychiatric treatment are
likewise provided for by the Agency’s Clinical Services Division and if not
possible by reason of distance, referrals are made to other government
accredited institutions.
3 THERAPEUTIC MODALITIES

6. Literacy and Education

In coordination with LGU programs, adult education classes are availed of
to help clients learn basic writing, reading and arithmetic. Likewise, literacy
teach-ins during any sessions conducted for clients become part of the module.
This is particularly intended for clients who are “no read, no write” to help them
become functionally literate.
Likewise, linkages with educational Foundation, other GOs and NGOs are
regularly done for free school supplies, bags and uniform for client’s children and
relatives.
7. Community Service
This program refers to the services in the community rendered by clients
for the benefit of society. It includes tree planting, beautification drives, cleaning
and greening of surroundings, maintenance of public parks and places, garbage
collection, blood donation and similar socio-civic activities.
8. Client Self-Help Organization
This program takes the form of cooperatives and client associations
wherein the clients form cooperatives and associations as an economic group to
venture on small-scale projects. Similarly, client associations serve another
purpose by providing some structure to the lives of clients where they re-learn
the basics of working within a group with hierarchy, authority and responsibility
much like in the bigger society.
9. Payment of Civil Liability
The payment of civil liability or indemnification to victims of offenders are
pursued despite the economic status of clients. Payment of obligations to the
victims instills in the minds of the clients their responsibility and the
consequences of the harm they inflicted to others.
10. Environment and Ecology
To instill awareness and concern in preserving ecological balance and
environmental health, seminars/lectures are conducted wherein clients
participate. These seminars/lectures tackle anti-smoke belching campaign,
organic farming, waste management, segregation and disposal and proper care
of the environment.
11. Sports and Physical Fitness
Activities that provide physical exertion like sports, games and group play
are conducted to enhance the physical well-being of clients. Friendly competition
of clients from the various offices of the sectors, together with the officers,
provide an enjoyable and healthful respite.
4 THERAPEUTIC MODALITIES

The success of the Therapeutic Community treatment model is also anchored on

the implementation of restorative justice. To highlight the principles of restorative justice,
offenders are recognized to indemnify victims and render community services to
facilitate the healing of the broken relationship caused by offending the concerned
parties. Mediation and conferencing are also utilized in special cases to mend and/or
restore clients’ relationship with their victim and the community. Considering that it is in
the community that the rehabilitation of clients takes place, the utilization of therapeutic
community treatment model coupled with the principles of restorative justice would be
further energized with the recruitment, training and deployment of Volunteer Probation
Aides (VPAs). The VPA program is a strategy to generate maximum participation of the
citizens in the community-based program of probation and parole. Through the VPAs,
the substance of restorative justice is pursued with deeper meaning since the VPAs are
residents of the same community where the clients they supervise reside. Thus, it is
practicable for the volunteers to solicit support for clients’ needs and assist the field
officers in supervising the probationers, parolees, and pardonees.
The Therapeutic Community treatment modality, Restorative Justice paradigm
and deployment of VPAs integrated into one rehabilitation program have yielded
tremendous outcome in the rehabilitation and reformation of probationers, parolees,
pardonees, and first-time minor drug offenders.
Furthermore, the Agency believes that the client’s family is a major part or
support in the rehabilitation process, thus the Administration adopts the Integrated Allied
Social Services program to address the needs of the children and other minor
dependent of the clients. Under the said program, interventions relative to the growth
and development of the minor dependents are done to help them become productive,
law abiding and effective individuals.

• https://probation.gov.ph/correction-
rehabilitation/