CA 311 Chapter 5
CA 311 Chapter 5
One of the goals of Parole and Probation Administration is to promote the correction and
rehabilitation of offenders by providing them with individualized treatment in community
based settings and reducing the incidence of recidivism." In its rehabilitation initiative,
PPA employs the Community-Based treatment through a three pronged intervention such
as:
a. Restorative Justice (RJ) as the Philosophical Framework.
b. Therapeutic Community (TC) as its treatment modality of choice.
c. Volunteerism as the lead community resource.
4. Spiritual
• Clients are expected to be (Co, 2018):
- Integral person
-Practices truthfulness, openness, righteousness.
-Quality of being complete, unimpaired;
-Of sound moral principle;
-Value system in harmony with the Divine Law.
5. Psychomotor/Vocational-Survival Skills
*Clients are expected to (Co, 2018):
- Demonstrates self-sufficiency
-To have a right income, right employment, right living.
1. Encounter
It creates opportunities for victims, offenders and community members who want
to meet and discuss the crime and its aftermath:
2. Amends
It expects offenders to take steps to repair harm they have caused to their victims;
3. Reintegration
It seeks to restore victims and offenders as a whole and help them become
contributing members of society; and
4. Inclusion
Provides opportunities for parties with a stake in a specific crime to participate in
the resolution.
Peacemaking Encounter
Peacemaking Encounter is a restorative process employed by the PPA. It is a
community-based gathering that brings the victim, the victimized community, and the
offender together. It supports the healing process of the victims by providing a safe and
controlled setting for them to meet and speak with the offender on a confidential and
strictly voluntary basis. It also allows the offender to learn about the impact of the crime
to the victim and his/her family, and to take direct responsibility for his/her behavior. In
addition to this, it provides a chance for the victim and the offender to forge a mutually
acceptable plan that addresses the harm caused by the crime (PPA, n.d.).
The following processes is being implemented by the PPA's Peacemaking
Encounter as a community-based decision model:
1. Mediation
Often referred to as Victim-Offender-Mediation (VOM). It is a form of
Alternative Dispute Resolution (ADR) Typically, a third stakeholder, the moderator,
assists the parties to negotiate a settlement. The moderator may mediate disputes in a
variety of fields, such as commercial, legal, diplomatic,
workplace, community and family matters. This is a process that provides interested
victim/s an opportunity to meet the offender in a safe and structured setting, and engage
in a discussion of the crime.
2. Conferencing
It is a voluntary, structured meeting between offender/s. victim/s and/or both
parties' family and friends, in which they address consequences as restitution and other
outcomes.
3. Circle of Support
It is a model of RJ which provides an opportunity for victims, offenders and community
to discuss the crime, and its aftermath, particularly its effect on the relationships in the
community.
4. Indigenous Practices
Its goal is to preserve, protect and respect Indigenous Practices of DOJ-PPA tribal
clients. PPA adopts and adheres to prescribe mechanisms customary to their beliefs but
ensuring and guaranteeing the due exercise of the concerned tribal community to reject or
allow the intervention, documentation and publication of the DOJ-PPA of the indigenous
conciliation practice undertaken.
Basic Procedures
The following is the stages and basic procedures in undergoing Restorative Justice
according to PPA.
1. Investigation Stage
At this stage, the following steps are observed:
• Orientation of the victim on the restorative Justice concept:
• Getting the victim's version of the offense, and the effect of victimization to their
lives, families, future and plans.
• Obtaining the victims' suggestions on how the damage/harm inflicted by the crime
could be repaired, and healed accordingly.
All this information should be incorporated in the investigation reports or
Courtesy Investigation (CI). Post- sentence investigation (PSI), and Pre-
parole/executive Clemency Investigation (PPCI) to be submitted to the concerned
offices by the DOJ-PPA. Moreover, on this report the victim will manifest whether or
not he/she is amenable to the grant of probation of the petitioner and state the
corresponding reasons. It is advisable to gather information if reconciliation is
possible with the petitioner (PPA, 2017).
2. Supervision Stage
The Restorative Justice Program such as payment of civil liability or any
Restorative Justice outcome as a result of an Restorative Justice process during this
stage could be part of the condition of client's release or probation conditions, and
should be incorporated in his My Personal Development Plan (MPDP) previously
called Supervision Treatment Plan (STP) (PPA, 2017). At the supervision stage:
• The parties should be brought within the program of their own free will. Parties
should have the right to seek legal advice before and after the restorative process;
• Before agreeing to participate in the restorative process, the parties should be fully
informed of their rights, the nature of the process, and the possible consequences
of their decision;
• Neither the victim nor the offender should be induced by unfair means to
participate in restorative justice processes or outcomes,
• If there is no agreement can be made between the parties, the case should be
withdrawn from the restorative process;
• In the event agreement was reached by parties. this should be put in writing to give
substance/ essence to the agreement. The failure to implement any provision of the
agreement made in the course of the restorative process is a basis for the
withdrawal of the case from the program: and
• Discussions and disclosures made during the process shall be treated with strict
confidentiality and shall be disclosed and used against the parties involved.
A Chief Probation and Parole Officer (CPPO) has the following responsibilities:
- Approves case for Peace Encounter conference and issues office order, and
- Monitors plansand agreementfor implementation achieved during the conference
and sets direction to realize success of the process.
1. Restitution
It is a process upon which the offender accepts accountability for the financial
and/or non-financial losses he/she may have caused to the victim. Restitution is a "core"
victim's right which is very crucial in assisting the redirection of the victim's life. Part of
the conditions of probation as imposed by the Court is the payment of civil liability to
indemnify the victim of the offender, and to inculcate to the offender a sense of
responsibility and obligation towards the community. The PPO should see to it that the
offender complies with this condition (PPA, 2017).
b. Economic Development
Offenders link directly with the business project; examples: cleaning
downtown area, tree planting, maintenance of business zones, housing
restoration, garbage and waste management, cleaning of esteros, recycling,
construction, repair of streets, and the like.
3. Counseling
Counseling whether it is individual, group or family. its goal is to enhance the
client's interpersonal relationship and it will help him/her become more aware of his/her
shortcomings/weaknesses. This will also help him/her overcome painful experiences that
drove him/her to commit a crime/offense.