MODALITIES IN THE TREATMENT OF OFFENDERS IN THE PHILIPPINES

Like many countries, the correctional system in the Philippines has both an institution-based and a
community-based component. It also has separate treatment systems for youth offenders and adult offenders. The
custodial care of adult offenders is handled by the following:

1. The Bureau of Jail Management and Penology (BJMP) under the Department of Interior and Local
Government (DILG) which has supervision over all district, city and municipal jails and detention centers. These jails
house detainees awaiting judicial disposition of their case and offenders whose sentence range from one (1) day to
three (3) years.

2. The Provincial Governments, which have supervision and control over provincial jails. These jails house
court detainees and prisoners whose prison terms range from six (6) months and one (1) day, to three (3) years.

3. The Bureau of Corrections (BUCOR) 291 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS
under the Department of Justice (DOJ), which has control over the national penitentiary and its penal farms, houses
convicted offenders with prison sentences ranging from three (3) years and one (1) day, to life imprisonment.

Youth offenders in the Philippines are treated differently. A youth offender is defined as a child over nine
(9) years but below eighteen (18) years of age at the time of the commission of an offense. Under the country’s
laws, these youth offenders are entitled to a suspended sentence. Instead of serving their sentence, they are
rehabilitated in regional youth rehabilitation centers, which are managed and supervised by the Department of
Social Welfare and Development (DSWD). There are ten (10) rehabilitation centers for youth offenders, one of which
is a National Training School for Boys and the other, a National Training School for Girls. Their stay in the center can
be shorter than their sentence term, depending on how they respond to the rehabilitation process therein.

The non-institutional treatment of adult offenders is managed primarily by the Department of Justice
(DOJ) through its Parole and Probation Administration and the Board of Pardons. Probation for adult offenders is
available to those whose penalty of imprisonment does not exceed six (6) years. It is considered as a matter of
privilege and not of right. Hence, the adult offender has to apply for probation before the court upon conviction.
This is also true for the parole system. The Department, in cooperation with other agencies and the Asia Crime
Prevention Philippines Inc. (ACPPI), now operates the recently constructed Philippine-Japan Halfway House, a new
alternative for treating adult offenders. On the other hand, community-based rehabilitation services for the youth
are administered by the DSWD through its regional field offices nationwide, in coordination with the local
government’s social welfare and development offices. After-care and follow-up services are likewise carried out for
youth offenders by the DSWD.

BEST PRACTICES IN COMMUNITY BASED TREATMENT

After revisiting the concepts, approaches and modalities in community-based treatment of offenders in
the Philippines, an appreciation of the “best practices” or effective treatment measures during the pre-trial, trial,
post trial and post institutionalization is in order.

Pre-Trial

(1)The “Katarungang Pambarangay” (Village Justice System)

The Philippines takes pride in the fact that it has a unique and indigenous way of settling disputes and
treating offenders at its smallest political unit level - the village or “barangay”. The system is called “Katarungang
Pambarangay” and is aimed at the amicable settlement of disputes at the barangay level. Established in 1978, it
aims to promote the speedy, peaceful and inexpensive administration of justice and to relieve the police,
prosecutors’ offices and courts of concileable cases. Settlements and awards rendered under this system have the
force and effect of a final court judgment.
 Under the jurisdiction of the “Katarungang Pambarangay” are all disputes which are punishable by
imprisonment not exceeding one (1) year or a fine not exceeding P5,000 between and among parties actually
residing in the same village, city or municipality. Non-criminal cases outside of the coverage of the Katarungang
Pambarangay may be referred, for amicable settlement, to the “Lupong Tagapamayapa” or peacekeeping board at
any time before trial by the police, prosecutor or court.

This peace-keeping board carries out the functions of the Katarungang Pambarangay and is created in
each of the more than 42,000 barangays/villages in the Philippines. It is headed by the barangay Chairman and not
less than 10, nor more than 20, members selected every three (3) years from among the barangay residents or
persons working in the barangay not otherwise disqualified by law.

A three-member “pangkat na tagapagkasundo” or mediation team is constituted from among the Lupong
Tagapamayapa to continue conciliatory efforts when the barangay chairman fails to amicably settle disputes
submitted before the Lupon.

This form of justice administration enables both the victim and the offender the opportunity to amicably
settle their disputes amongst people who have a more intimate knowledge of them, and therefore the reasons for
their dispute. Due to their proximity to the locus of the crime, the Lupon members are also able to take stock of the
socio-economic and cultural dimensions of the dispute and thus have a better understanding of the crime and the
parties involved.

Consequently, since the barangay chairman, who is the chief executive officer at the village level, is also
the chair of the Lupon, he/she can link the parties involved in productive and meaningful endeavors and address the
root causes of or contributory factors to their problems which may be present in the community which she heads.
These community factors may include the lack of employment, the presence of vices, negative peer influences and
so forth. Thus, the early detection of possible offenders and the correction of their negative behavior can hopefully
be better addressed in a manner that is more responsive and relevant to them through the Katarungang
Pambarangay which prevents their further involvement in crimes and offenses.

(2)Release on Recognizance and Other Diversion Services

A Filipino juvenile who comes in conflict with the law whether at the barangay or police level is
immediately referred to the Department of Social Welfare and Development (DSWD), or the local social welfare
offices, by virtue of the provisions of the Child and Youth Welfare Code or Presidential Decree (PD) 603 enacted in
1974, way ahead of the Beijing Rules. This law provides full protection of the rights of Filipino children and youths
and enhances their meaningful participation in national development, regardless of their sociocultural and
economic status in life.

Through community-based diversion services, social welfare workers are called upon to assist youths who
have come in conflict with the law as early as when they come to the attention of the Lupon Tagapamayapa at the
barangay. They also visit detention centers and jails regularly i.e., at least once a week, to check whether there are
women and youth offenders in detention. These workers also maintain close coordination with Women Desks and
Child and Youth Relations Units of police stations, which have Women Desk Officers and Child and Youth Relations
Officers among the police force. So juvenile offenders are diverted from the criminal justice system, released on
recognizance and placed under supervision of a responsible adult or are reunited with his/her family under the
supervision of a social worker. Once diverted or out of detention, the youths are assisted in their problems, in the
context of their family conditions and situations, through the formulation of a treatment and rehabilitation plan.
Most of them are assisted to go back to school, to gain some skills or, if already able to work, assisted in having self
or open employment. Their families’ concerns are also looked into and they are linked to resources that can help
them.

This scheme enables the youth to be protected, rehabilitated and trained for socio-economic and civic
responsibility for the betterment of himself/herself, their family and community, without undergoing unnecessary
detention and eventual alienation.
 The Republic Act 306 or the Release on Recognizance Law also applies to offenders whose penalty is six (6)
months or less and/or a fine of P2,000.00. They are usually released in to the custody of a responsible person in the
community, instead of posting a bail bond.

2. Trial or Adjudication Stage

(1) Suspended Sentence for Youth Offenders

Under the provisions of the Child and Youth Welfare Code, the execution of the sentence of youth
offenders is suspended and s/he instead is either committed to the care and custody of the DSWD’s rehabilitation
centers for youths, or placed under its custody supervision/ probation servise.

The probationary treatment of juvenile offenders in the Philippines preceded that of the adult offenders
and started on December 3, 1924 when Act 3202, the first juvenile delinquency law of the land was passed. The
probation service for the youth offenders starts when, after formal adjudication, s/he is released to their family,
guardian or responsible person in the community under the direct supervision of the DSWD, instead of commitment
to a youth rehabilitation center. The placement continues until such time that the Court terminates the case upon
proper recommendation of the DSWD social worker.

The social worker and the youth, together with their family, prepare a treatment and rehabilitation plan
that guides the youth. Linkages and referral to community services and institutions such as school, the church,
nongovernment organizations and other government agencies are maintained to enable the early reintegration of
the youth offender.

Commitment to a DSWD rehabilitation center for youths also offers various opportunities for an offender’s
early reintegration to the community. Since the DSWD’s rehabilitation centers are open institutions and are situated
in the regions where offenders come from, the youth is afforded an opportunity to interface with the community or
experience homelife conditions in a number of ways that are conducive to reintegration and rehabilitation. These
opportunities are integrated in a package of programs and services with the acronym “SHEPHERDS”, namely:

(a) Social Services:

The DSWD social workers in rehabilitation centers take the lead not only in the formulation
of treatment plans but also in the integration of services for the offender and their family. The social
worker ensures that offenders are afforded individualized treatment by the rehabilitation team. Case
conferences are done regularly among the rehabilitation team members to monitor the progress of
treatment plans.
In addition to providing the youth casework and counseling services, the rehabilitation
centers provide opportunities for the youth to continue contact with their family not only by mail,
but also through regular visitations by the offender to their family and vice-versa. The centers also
celebrate a “Family Day” once a month where the youths’ families are invited to a day of inter-action
not only with their children, but also with the latter’s fellow wards, social workers, substitute
houseparents and the Center’s other personnel. The youth can also be granted an “out-on-pass”
privilege through the court to attend important family developments such as when a parent is sick or
passed away; during Christmas and New Year, and other significant occasions, based on good
behavior.
To ensure the successful reintegration of the offenders into their community, the Center
staff involve the community-based social workers in the treatment planning and implementation,
where the latter attends to the needs of the offender’s family. As early as the treatment planning
stage, reintegration is already included as a goal for the offender’s family. For instance, where an
offender’s problem stems from the fact that their family has a low income, his/her siblings are not in
school, or his/her parents lack parenting skills, the community social worker addresses these
concerns and reports progress on these efforts to the Center staff.
 The center-based and communitybased social workers also collaborate on the discharge
planning for the offender. Eventually, the community social worker provides supervision and after
care services to the discharged offender to ensure that the reintegration plan is put into action.

(b) Homelife Services:

enables the youth to learn household chores such as shopping, cooking, cleaning, making
beds, etc., as well as positive values in relation to their present homebased roles as son/daughter,
brother/ sister, etc., in addition to those roles they will assume in the future if they choose to have
their own families.

(c) Educational Services:

these centers utilize existing schools within the vicinity or, if the schools are within the
center, the youths in the nearby community are allowed to avail of the center’s school. This enables
the youth offender to be mainstreamed and to interface with other youths without cases, thus
preventing their further alienation. In a few instances, offenders are allowed to pursue education
beyond high school in cooperation with nearby colleges and universities

(d) Psychological Services:

provide the youth opportunities to understand themselves better, to know how to behave
in a group, and to relate with others. Upon admission, the youth undergoes psychological testing
which is utilized in the crafting of the treatment and reintegration plan, and in helping them modify
their behavior according to the sociocultural norm of the community. Through this service, individual
and group sessions are held with the Center’s residents.

(e) Health Services:

are provided to youth offenders to hasten their physical development. Medical and dental
services enable the youth to attain physical well being that contributes to their personality
development and sense of security as they prepare to be reintegrated into their community.

(f) Economic Programs and Services in Rehabilitation Centers:

provide skills training, entrepreneurial or business management exposure and direct
experience in productivity or livelihood projects to the offenders. The skills or crafts they are trained
in and exposed to are in accordance with their “back-home situation”. For example, if an offender
comes from an agricultural area, s/he is trained in agricultural productivity skills. The offender is also
equipped with the appropriate work ethics and values relevant to their work when they are finally
discharged from the rehabilitation center, thus ensuring that reintegration is easier.

(g) Recreational Services:

are likewise made available to the offender in line with their interest and physical
condition. Recreation can come in the form of indoor or outdoor games and sports, television
viewing, painting, reading, and the like. Their exposure to sports enables the offender to practice
discipline, sportsmanship and know how to relate with others.

(h) Developmental Services:

are also afforded to the offenders through their exposure to group meetings, consultations,
and other group experience. The offenders are organized into youth groups known as “Pag-asa
(Hope) Youth Association (PYA)” which becomes a means for offenders to participate in the planning
and decision-making processes inside the Center. Since the PYA is also present in the community
where they live, it becomes easier for the offender to be re-integrated into the community by linking
them with existing PYA groups in the area.
Their experience as a member or leader of the youth group enables them to have planning
and management skills that will be useful should they wish to be active members of their barangay
development councils and/or assume community leadership roles in the future.
 (i) Socio-cultural Programs:
are likewise available in the DSWD’s rehabilitation centers. These include cultural
presentations that enable the youth to develop their talents and skills along theater, acting, drama,
dancing, singing, etc., as well as to appreciate cultural practices handed over from one generation to
another, to deepen their roots and love of country.
Spiritual programs are part of this category of services for the offender. By experiencing a
deeper relationship with their Creator, the offenders are afforded more guidance, protection,
liberation and friendship. Through this program, they are encouraged to have faith in their capacity
to change, and in God, and in God’s plan for them. They are made to understand that they are unique
and have a distinct role to play to make the world a better place, hence are enabled to perform all
their daily roles with care and enjoyment.

The statistics of the DSWD for 1996 and 1997 indicate that for every one (1) youth offender served in the
Rehabilitation Centers, a corresponding number of four (4) offenders avail of custody supervision/ probation in the
community, or a ratio of 1:4 institutional versus non-institutional treatment. Table II details these figures. From the
figures in the table II, it can be gleaned that community-based treatment has been maximized for youth offenders
by the DSWD. This is not only in line with the country’s support for the Convention on the Rights of the Child, but in
accordance with the provisions of the Philippine Constitution which recognizes the vital role of the youth in nation
building, and promotes and protects their physical, moral, spiritual, intellectual and social well-being.

(2) Probation for Adult Offenders

Probation for adult offenders in the Philippines came much later than that for youth offenders. Started in
1976 through Presidential Decree (PD)968, adult probation can be availed only once, and usually only by first time
offenders, for penalties of imprisonment not exceeding six (6) years. Thus, an offender has to apply for probation
before the court upon conviction.

Probation as defined in the PD, refers to 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.
The investigation and supervision of probationers are latched on the Department of Justice’s Parole and Probation
Administration (PPA) which was created upon the passage of PD 968 in 1976, and which has administrative
authority over probation officers. Probation supervision aims to bring about the rehabilitation of the probationer
and their re-integration into the community.

The probationers are afforded by the PPA the opportunity to continue education (whether formal or non-
formal), be employed or engaged in income generating activities and pursue other worth-while projects while under
supervision. These are carried out directly by the PPA or through coordination with other government agencies such
as the DSWD, the Department of Education, Culture and Sports (DECS) and local government agencies, as well as
private and civic groups. While already a form of community-based treatment by itself, probation in the Philippines
allows for early termination of probation cases on certain grounds.

The following probationers are eligible for recommendation of early termination of their cases:

(1) Those who are suffering from serious physical and/or mental disability such as the deaf-mute, lepers,
the crippled, the blind, the senile, the bed-ridden, and the like.

(2) Those who do not need further supervision as evidenced by the following:

(a) Consistent and religious compliance with all the conditions imposed in the order granting
probation;

(b) Positive response to the programs of supervision designed for their rehabilitation;
 (c) Significant improvements in their social and economic life;

(d) Absence of any derogatory record while under probation;

(e) Marked improvement in their outlook in life through becoming socially aware and
responsible members of the family and community; and

(f) Significant growth in self-esteem, discipline and self-fulfillment. Provided that, the
probationers involved have already served one-third of the imposed period of probation; and
provided further, that in no case shall the actual supervision period be less than six (6) months.

(3) Those who have:

(a) To travel abroad due to any of the following:

· An approved overseas job contract or any other similar documents; or

· An approved application for scholarship, observation tour or study grant for a period
not less than six (6) months; or

· An approved application for immigration;

(b) To render public service:

· Having been elected to any public office; or

· Having been appointed to any public office. Provided, however, that the probationers
involved have fully paid their civil liabilities, if any.

(4) Other probationers who have fully cooperated with/participated in the programs of supervision
designed for their rehabilitation and who are situated under conditions/ circumstances similar in nature to
those above described at the discretion of the proper authorities.

3. Post-Trial Stage

(1) Open Prison Programs

The Bureau of Corrections (Bucor) under the Department of Justice also maintains penal colonies and
farms outside of prisons where deserving prisoners can bring their families. They are also allowed to engage in
livelihood by being contract farmers, cultivating a piece of land, raising livestock and poultry, engaging in different
crafts for their subsistence and being involved in other economic and socio-cultural activities. This open
arrangement also enhances reintegration efforts for ex-offenders and their re-adjustment in community setting.

(2) Pardon

The act of forgiving the wrongdoing of an offender and which is conducive to early reintegration, is also
practiced in the Philippines. Under Philippine Law, a Board of Pardons and Parole oversees this program and
recommends to the President of the Republic the grant of executive clemency to certain prisoners. Executive
clemency refers to either the commutation of sentence, absolute pardon and conditional pardon, with or without
parole conditions as may be granted by the President upon recommendation of the Board.

(3) Parole

Which refers to the conditional release of an offender from a penal or correctional institution after s/he
has served the minimum period of their prison sentence under the continued custody of the State and under
conditions that permit their reincarceration if s/he violates a condition for their release, is also administered by the
Parole and Probation Administration (PPA). The Board of Pardons and Parole, which recommends both pardon and
parole privileges to the President, do so under the policy of “uplifting and redeeming valuable human material to
economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty”.

4. Post-Institutionalization

(1) Halfway House for Adult Prisoners

An essential transition arrangement between institutional placement, especially among prisoners or

offenders long confined in closed institutions, and that of community-based services is that of a halfway house. A
halfway house, as the term connotes, is a residential facility where released prisoners can be provided the
opportunities to gradually adjust to community life, and to prepare them for full reintegration to society.

The first halfway house for offenders in the Philippines was that for youth offenders. Set up in the mid-
1960’s in a regular community in Quezon City, Metro Manila, this halfway house, known as a Youth Residence, was
supervised by the DSWD for youth offenders released from the National Training School for Boys (NTSB). At that
time, there was only one reformatory school for boys. When regional youth rehabilitation centers were established
all over the country in the late 1970’s, the need for the Youth Residence was no longer seen as necessary. This was
because the regional centers provided a communitybased setting for the youth offenders that hastened their
reintegration process without the necessity of going through a halfway house. Thus, the Youth Residence was
phased out in 1979.

It was, however, a different case for adult prisoners confined in the national penitentiary, who needed a
halfway facility because the national penal institution was situated in Metro Manila. Thus in 1996, a
PhilippinesJapan Halfway House was started to provide residential setting for released or pre-released prisoners.
The facility was a joint effort of the Asia Crime Prevention Foundation (ACFP), the Nagoya West Lions Club, and
UNAFEI from the Japanese end, while the Asia Crime Prevention Philippines, Inc. (ACPPI), the Department of Justice,
the National Police Commission, the Department of Social Welfare and Development, the Muntinlupa Lions Club,
and other non-governmental organizations provided the support from the Philippines end.

The halfway house provides home life and group living experiences to the adult ex-offenders, offers them
opportunities for vocational and economic skills, and subsequently job placement and employment. The residents
are likewise afforded opportunities to grow emotionally, mentally, physically and spiritually for their eventual
reintegration into their family and community. A multidisciplinary team of social workers, psychologists, educators,
and other rehabilitation workers manage the house.

(2) After Care Services

Youth offenders discharged from the DSWD’s rehabilitation centers are provided after care services upon
discharge up to a period of one (1) year. As discussed earlier in this paper, social workers in the communities where
the youth come from are involved early in the formulation of the treatment and discharge planning. Thus, they are
maximized in monitoring and assisting the discharged youth in the reintegration process. Communication is
maintained between the center and community social workers on the minor’s status, and those of their family, to
determine if they need further assistance.

The youth is assisted by the community social worker to either go back to school, acquire productivity
skills or be employed if of employable age. Meanwhile, the halfway house for adult prisoners also provides after-
care monitoring for ex-residents of the house, in coordination with the DSWD and DOJ regional and field offices,
local government units and other entities.