Aldrin John Joseph E.

De Guzman Restorative Justice Report

Restorative Justice Definition：A process whereby parties with a stake in a particular

offense come together to resolve collectively how to deal with the aftermath of the offense
and its implications for the future.

Most Commonly, Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” is
described as a kind of law with restorative justice approach due to the fact that instead of
punishing the offender of the crime, the law instead treats the offender as a person who
needs help from the government and the community.

Restorative Justice The concept of “restorative justice” as opposed to retributive justice

has also been introduced by R.A. No. 9344. It espouses resolving conflicts with the
maximum involvement of the victim, the offender and the community. It primarily aims
to achieve reparation for the victim, reconciliation of the offender, the offended and the
community, and enhancement of public safety. It also ensures that the child’s rights will
not be infringed when he/she admits to the offense.

As a signatory to the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty and the most importantly the
Convention on the Rights of the Child, the Philippines guarantees the protection of the
best interests of the child in accordance with the standards provided for by these
international laws. In the Philippines, members of Congress had passed bills intended to
make laws more consistent with the Philippines’ advocacy on juvenile justice. As much
as the Philippines should be concerned with a juvenile justice system in harmony with
international policies, the dominant goal is to achieve a standard national policy on CICL
(Children in Conflict with the Law) rather than an accurate reproduction of an
international model on CICL.

HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?

The Commission on Crime Prevention and Criminal Justice, of which the Philippines is
a member-country, through a draft resolution, recommended to the Economic and Social
Council of the United Nations Organization (UNO), the adoption of the “Basic Principles
on the Use of Restorative Justice Programmes in Criminal Matters”. The said document
is a formulation of UN Standard in the field of mediation and restorative justice. The
Philippines, being a signatory member-country should ensure adoption of this
resolution.

Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce
the incidence of recidivism. This is in line with the applicable laws, rules, and policies
mandating this Agency to administer the Parole and Probation System in the country. As
such, the Parole and Probation Administration (PPA) is empowered to create innovative
policies, programs, and activities to facilitate the reintegration of its clientele into the
mainstream of society and consequently prevent the commission of crime. Therefore,
PPA adopts Restorative Justice as one of its rehabilitation programs which utilizes
restorative processes and aims to achieve restorative outcomes.

WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION

PROGRAM OF PPA?

1. Reintegration of the offenders to the social mainstream and encouraging them to

assume active responsibility for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in the rehabilitation
of victims and offenders;
3. Attention to the needs of the victims, survivors and other persons affected by the
crime as participating stakeholders in the criminal justice system, rather than mere
objects or passive recipients of services of intervention that may be unwanted,
inappropriate or ineffective;
4. Healing the effects of the crime or wrongdoing suffered by the respective
stakeholders; and
5. Prevention of further commission of crime and delinquency.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?

A. During the Investigation Stage

Information such as victims’ version of the offense, effect of victimization to their lives,
families, future, and plans, and victims’ appreciation on how the damage/harm inflicted
by the crime can be repaired and healed are gathered to serve as input in the post-
sentence investigation (PSI) or pre-parole/executive clemency investigation (PPI) reports
prepared by the investigating officer to be submitted to the Court and the Board of
Pardons and Parole, respectively. These data are vital in the conduct of restorative justice
processes during the supervision phase.

Soliciting stakeholders’ interest for their introduction to the restorative process

commences during this stage.

B. During the Supervision Stage

Restorative Justice Program is a part of the rehabilitation of the client which is

incorporated in the client’s Supervision Treatment Plan (STP). In applying the various
restorative justice processes for the client’s rehabilitation, the supervising officer observes
the following points:
The parties are brought within the program out of their own volition. Parties have the
right to seek legal advice before and after the restorative justice process;

Before agreeing to participate in the restorative justice process, the parties are fully
informed of their rights, the nature of the process, and the possible consequences of their
decision;

Neither the victim nor the offender is induced by unfair means to participate in
restorative justice processes or outcomes;

Discussion in restorative justice processes should be highly confidential and should not
be disclosed subsequently, except with the consent of the parties, and should not be used
against the parties involved;

Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process; and

In the event agreement is reached by parties, it is 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 justice process is a basis for the withdrawal of the case from the
program.

WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?

A Probation and Parole Officer assigned to handle investigation and supervision

caseloads acts as restorative justice planner. As such, he/she undertakes the following
responsibilities:

1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential case for Peacemaking Encounter;
2. Conducts dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community
for their participation in the conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment
Plan; and
6. Prepares casenotes reflective of restorative justice values and utilizing the
following points:
7. Impact of crime and effect of victimization
8. Victim inputs and involvement opportunities
9. Offender opportunity to take direct responsibility for the harm inflicted on the
victim and/or the community.
A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference
and sets direction to realize success of the process.

Gervic

Restorative Justice Report

WHAT IS RESTORATIVE JUSTICE?

Restorative Justice is a process through which remorseful offenders accept responsibility

for their misconduct, particularly to their victims and to the community. It creates
obligation to make things right through proactive involvement of victims, ownership of
the offender of the crime and the community in search for solutions which promote
repair, reconciliation and reassurance. Thus, the restorative justice process is actively
participated in by the victim, the offender, and/or any individual or community member
affected by the crime to resolve conflicts resulting from the criminal offense, often with
the help of a fair and impartial third party. Examples of restorative process include
mediation, conferencing, sentencing/support circle and the like. The restorative outcome
is the agreement obtained as a product of a restorative justice process. Examples of
restorative outcomes include restitution, community work service and any other
program or response designed to accomplish reparation of the victim, and the
reintegration of the victims and/or offenders.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN

PPA?

Peacemaking Encounter

Peacemaking Encounter 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. Likewise, it provides a chance for the victim and the
offender to forge a mutually acceptable plan that addresses the harm caused by the crime.

As a community-based decision model, the Agency Peacemaking Encounter is being

implemented through the following processes:
 1. Victim/Offender Mediation – a process that provides an interested victim an
opportunity to meet face-to-face his/her offender in a secured and structured
setting or atmosphere, with the help of a trained mediator, and engage in a
discussion of the past offense and its impact to his/her life. Its goal is to support
the healing process of the victim and allow the offender to learn the impact of
his/her offense on the victim’s physical, emotional and financial existence, and
take direct responsibility for his/her behavior by mutually developing a
Restorative Justice plan that addresses the harm caused by the said offense.
2. Conferencing – a process which involves community of people most affected by
the crime – the victim and the offender and their families, the affected community
members and trained facilitators and community strength – in a restorative
discussion of issues and problems arising from an offense or coincidence which
affects community relationship and tranquillity. Facilitated by a trained facilitator,
the above parties are gathered at their own volition to discuss how they and others
have been harmed by the offense or conflict, and how that harm may be repaired
and broken relationship may be restored.
3. Circle of Support – a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected
members of the community in the discussion of the offense and its impact. Within
the circle, people freely speak from the heart in a shared search for understanding
the incident, and together identify the steps necessary to assist in the reconciliation
and healing of all affected parties and prevent future crime or conflict.

In the Agency, the circle of support is facilitated by trained Probation and Parole Officers,
Volunteer Probation Aides or selected community leaders who offered their services free
of charge to serve as facilitator or keeper.

In implementing this process, the probation and parole officer should be the facilitator
who is sensitive to the needs of the victim. Likewise, the probation and parole officer
should exert effort to protect the safety and interest of the victim.

WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED

UPON DURING THE RESTORATIVE JUSTICE PROCESS?

As a result of the restorative justice process, the following outcomes or interventions may
be agreed upon by parties in a Restorative Justice discussion, such as, but not limited to:

A. Restitution

Restitution 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.

Consequently, the probation and parole officer should see to it that the offender complies
with this condition.

B. Community Work Service

Community Work Service, whether imposed as a condition of offender’s conditional

liberty or integral part of his treatment plan, should be purposely motivated to make the
offender realize that he/she incurred an obligation to make things right. In its
application, the offender can be subjected to perform work service measures, including,
but not limited to any of the following:

1. Mentoring and Intergenerational Service – offenders will develop their nurturing

needs thru caring for other people; example: with senior citizens, with orphanages,
or with street children.
2. Economic Development – to 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. Citizenship and Civic participation-experiential activities which involve solving
community problems; examples: puppet shows that showcase values, street
dramas, peer counseling.
4. Helping the Disadvantaged – this will enhance offender’s self esteem; examples:
assist handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and
hospitals.
5. Crime Prevention Project – examples: Brgy. Ronda, giving testimony to the youth.

The probation and parole officer should ensure the adoption of these community work
services to facilitate the reintegration of the offender in the community.

C. Counseling (whether individual, group or family)

It will enhance 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.

D. Attendance to trainings, seminars and lectures

E. Participation in education, vocation or life skills program

F. Group Therapy Session

An intervention which provides recovering drug dependents or those with serious
behavioral problems an opportunity to discuss their problems.

G. Spiritual development session/faith-based session

H. Submission to psychological/psychiatric assessment

I . Submission to drug test/drug dependency examination

J. Attendance to skills training/livelihood assistance program

K. Marital enhancement program

L. Written or oral apology

M. Submission to family therapy session

This session aims to develop healthy personal relationship within the family and to
establish open positive communication between family members and significant others.
Family members should be oriented in their individual responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center Including Aftercre