What is the meaning of Human Rights?

Human rights are rights inherent to all human beings, regardless of race,
sex, nationality, ethnicity, language, religion, or any other status. Human rights include
the right to life and liberty, freedom from slavery and torture, freedom of opinion and
expression, the right to work and education, and many more. Everyone is entitled to
these rights, without discrimination. (United Nations, 1945)

Brief History of Human Rights

During the Ancient times, people had rights only because of their membership in a
group, such as a family. In 539 BC, Cyrus the Great, the first king of Persia,
conquered Babylon. But it was his next actions that marked a major advancement for
Man. He freed the slaves to return home, declared that all people had the right to
choose their own religion, and established racial equality. The Cyrus Cylinder, a clay
tablet containing his statements, is the first human rights declaration in history.

The Cyrus Cylinder (539 B.C.)

The decrees King Cyrus made on human rights were inscribed in the Akkadian
language on a baked-clay cylinder. The Cyrus Cylinder is an ancient record and now
has been recognized as the world’s first charter of human rights. It is translated into all
six official languages of the United Nations and its provisions parallel the first four
Articles of the Universal Declaration of Human Rights.

Characteristics of Human Rights

1. Human rights are founded on respect for the dignity and worth of each person;
2. Human rights are universal, meaning that they are applied equally and without
discrimination to all people. They are the birth right of every member of the
human family and apply regardless of who someone may be.
3. Human rights are inalienable, meaning that no one can have his or her human
rights taken away or cannot give them up or deprived of them other than in
specific situations. For example, the right to liberty can be restricted if a person is
found guilty of a crime by a court of law; you cannot lose these rights any more
than you can cease to be a human being.
4. Human rights are indivisible, interrelated and interdependent, for the reason that
it is insufficient to respect some human rights and not others. In practice, the
violation of one right will often affect the respect of several other rights. All human
rights should therefore be seen as having equal importance and of being equally
essential to respect for the dignity and worth of every person. You cannot be
denied a right because someone decides that it is “less important” or “non-
essential.” All human rights are part of a complementary framework.
Fundamental Principles of Human Rights:

1. Equality-The basis of human rights is that “All human beings are born free
and equal in dignity and rights.” (UDHR Article 1).
2. Universality-The principle of universality of human rights is the cornerstone of
international human rights law. This principle, as first emphasized in the Universal
Declaration on Human Rights in 1948, has been reiterated in numerous international
human rights conventions, declarations, and resolutions. For example, in the 1993
Vienna Word Conference on Human Rights it is noted that States has a duty to promote
and protect all human rights and fundamental freedoms, regardless of their political,
economic and cultural systems.
3. Non-discriminatory- The principle of non-discrimination applies to everyone
in relation to all human rights and freedoms regardless of any human characteristics or
on the basis of a list of non-exhaustive categories such as sex, race, color and so on.
The principle of non-discriminatory is complemented by the principle of equality,
meaning that all human beings are born free and equal in dignity and rights.
4. Indivisibility- This means that one set of rights cannot be enjoyed fully
without the other. For example, making progress in civil and political rights makes it
easier to exercise economic, social and cultural rights.
5. Interdependence- Human rights are intricately related to each other and none
has priority over another. It is not acceptable to respect some human rights and not
others. The enjoyment of one right is often dependent on the enjoyment of other rights.
The violation of one right will often adversely affect other rights. Improving accessibility
to one right will often advance the accessibility of other rights.
6. Human rights are both obligations and rights- Human rights entail both rights and
obligations:
• Human right as a right – It is a right because it belongs to everyone.
• Human right as an obligation – It is an obligation for it is the responsibility
of everyone.
7. Responsibility- States assume particular obligations and duties under international
law to respect, to protect and to promote human rights.
• Government responsibility- States must refrain from interfering with or
curtailing the enjoyment of human rights. States also protect every individual and
group against human rights abuses. Human rights are not gifts bestowed at the
pleasure of governments. Nor should governments withhold them or apply them
to some people but not to others. When they do so, they must be held
accountable.
• Individual responsibility- Every individual has a responsibility to teach
human rights, to respect human rights, and to challenge institutions and
individuals that abuse them.
• Other responsible entities- Every organ of society, including
corporations, nongovernmental organizations, foundations, and educational
institutions, also shares responsibility for the promotion and protection of human
rights.
NOTE: At the individual level, while we are entitled to our human rights, we should also
respect the human rights of others.
 Human and Peoples' Rights Declaration of the Philippines
PREAMBLE
We, peoples of the Philippines, give highest value to the dignity and fullness of
life of the human person and share a common aspiration for human rights—even as
we speak different languages and dialects, profess different spiritual beliefs and uphold
different ideologies.
Ours is a history of revolutionary struggle against all forms of oppression for
national freedom, justice, equality and peace. The same struggle and aspirations for
freedom and respect for human rights have inspired our collective spirit to become a
nation proud of our heritage and diverse culture. Today, we rekindle the same
revolutionary spirit in our struggle against the negative effects of globalization, debt
burden, environmental destruction, social inequality and poverty. These make human
and peoples’ rights our foremost concern.
We assert that human and peoples’ rights are our fundamental, inherent and
inalienable rights to life, dignity and development. We recognize that these rights are
universal, interdependent and indivisible and are essential to fulfil and satisfy our civil,
political, economic, social, cultural, spiritual and environmental needs. They are what
make us human.
The growing democratization process and human rights consciousness as
exemplified in the active participation and assertion of civil society have served as
tools in opposing all forms of human rights violations and all forces that block our
development as individuals and as a nation.
Therefore, we hereby proclaim by this declaration, the basic standards for the
protection, promotion, respect and fulfillment of human and peoples’ rights by the
State.

INDIVIDUALS, SOCIETY AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern
and respect for these basic rights should be guaranteed, protected and upheld by the
State.
2. The State has the duty to safeguard and assure the dignity of its peoples as
individuals and as members of communities and ensure their capacity for self-
development. The State should formulate policies, enact laws and provide
mechanisms that are in conformity with universal human rights standards.
3. The State has the obligation to provide the highest standard of living for its citizens
by eradicating social, economic, political, cultural, ethnic and gender inequalities. In the
determination and implementation of laws and policies, the government must always
respect and consider the concerns of women, children and youth, persons with
disabilities, the mentally challenged, older persons, indigenous and Moro peoples, the
urban and rural poor, farmers and fisher folk, workers - local and overseas, public or
private, whether formally employed or not, displaced families and communities and
other vulnerable sectors, with the view to ensuring their empowerment.
4. The diversity and plurality of the Philippines must be safeguarded through respect
and tolerance. The State must respect and promote harmony and understanding
between and among individuals, communities and peoples. It must uphold non-
 discrimination among peoples regardless of age, race, ethnicity, religion, gender,
physical ability, sexual orientation, social beliefs and political convictions. Cultural
traditions and institutionalized power shall not serve as justification for any form of
violence, abuse, neglect, or deprivation of human and peoples’ rights.

CIVIL RIGHTS
5. We have the right to life, liberty, security and property. We have the right to a
transparent, credible, competent and impartial justice system, free from influence and
corruption, where wrongs are redressed and justice is dispensed fairly, speedily and
equitably. We must have equal access to the courts and adequate legal assistance. We
must be treated equally before the law regardless of our political, social and economic
status.
6. We have a right to the security and privacy of our persons and our homes. The State
shall respect and uphold our right to the privacy of communication, information, private
transactions and affairs. The State shall ensure our freedom of movement and liberty of
abode.
7. The requirements of due process of law shall be observed before, during and after
trial. The accused is presumed innocent until proven guilty and shall enjoy the right
against self-incrimination, the right to an independent and competent counsel preferably
of his or her own choice, and the right to be informed of such rights.
8. Detainees and prisoners have the right to humane conditions of detention with
adequate food, space and ventilation, rest and recreation, sanitary and health services,
and skills training. They have the right to communicate with counsel, family and friends
and be visited by them. The right to practice their religious beliefs and to express
themselves shall likewise not be denied. The State must provide separate detention
facilities for women and children in conflict with the law. Detainees and prisoners shall
be given the opportunity for correction and rehabilitation towards their reintegration into
society.
9. No person shall be subjected to arrests, searches, seizures and detention without
due process of law. No suspect, detainee or prisoner shall be subjected to torture, force,
violence, intimidation, harassment or threats. No accused shall be subjected to trial by
publicity. Neither shall cruel, inhuman or degrading punishment or treatment or
incommunicado or solitary confinement be imposed.
10. We have the right against involuntary disappearances. The State shall protect its
citizens from all forms of systematic and massive extrajudicial and summary killings.
The State shall take responsibility for all the acts of its State agents and give information
and assistance to the families of the disappeared.

POLITICAL RIGHTS
11. We have the right to live in a democracy and are entitled to enjoy its benefits. The
right to meaningful representation, participation and decision-making about individual
and community concerns shall be recognized and maintained. The protection of life,
liberty and property, the upliftment of economic conditions and the promotion of the
general welfare are essential prerequisites of a truly democratic society.
12. Public office is a public trust. Transparency, accountability, integrity and
competence are minimum standards of good governance. It is the State’s duty to
eliminate graft and corruption at all levels of the bureaucracy. Towards this end, our
right to information on matters involving public interest shall be safeguarded.
13. We have the right to determine, participate, intervene and take action in all matters
that directly and indirectly affect our welfare. The freedoms of speech, press,
association and peaceful assembly shall at all times be recognized and protected by the
State.
14. The State shall provide equal access to opportunities for public service to all
competent and qualified citizens. The State must equitably diffuse political power and
prohibit political dynasties in accordance with democratic principles.
15. Sovereignty resides in the people. We reserve the right to defy a tyrannical,
oppressive and corrupt regime by means consistent with general principles of human
rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure
that its citizens shall be adequately nourished and free from hunger. The State has the
obligation to establish a responsive social housing program and protect the people from
unjust evictions from their homes. Protection and assistance shall be accorded to
marginalized families and vulnerable sectors of society.
17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and
culturally sensitive education, responsive to our needs, which advances the culture of
human rights.
18. The State must establish a responsive social welfare system that contributes to the
continuous improvement of its people and their lives. All public utilities should be
accessible and affordable to meet the peoples’ basic necessities.
19. Children and youth have rights to special care, education, health, and protection
against all forms of abuse, discrimination, exploitation, corruption, and conditions
affecting their moral development. The best interest of the child shall always take
precedence in State policies and laws.
20. Women are partners of men in nation building. They have equal rights in civil,
political, social, and cultural aspects of life. The State shall protect and defend them
from discrimination, exploitation, trafficking, assault, battery and other forms of abuse
and violence.
21. Men and women have reproductive rights. The State shall recognize the rights of all
couples and individuals to decide freely and responsibly the number, spacing and timing
of their children and to have the information and means to do so, and the right to attain
the highest standard of sexual and reproductive health. The State shall also recognize
the rights of couples in making decisions regarding reproduction free of discrimination,
coercion and violence, as expressed in human rights documents.
22. The indigenous and Moro peoples have the right to equality with all other peoples
and against all forms of discrimination. They have the right to exist as distinct peoples
free from assimilation as well as the right to resist development aggression, which
threatens their survival as a community. Thus, the State shall assist and support them in
the protection and preservation of their culture, language, tradition and belief. They
have an inherent right to their ancestral domain, which must be given urgent immediate
attention and protection by the State and should be respected and defended by all.
23. The State shall accord special protection to persons with disabilities. They have the
right to enjoyment of equal opportunity as well as appropriate and accessible social
services, education, employment, rehabilitation and social security.
24. Older persons shall be given preferential treatment by the State. They shall be given
priority in terms of accessible social security and health.

ECONOMIC RIGHTS
25. We have the right to a nationalistic and independent economic policy protected from
foreign domination and intrusion. We have the right to a self-reliant economy based on
national industrialization. We have the right to resist all forms of oppressive and
unreasonable trade liberalization, to oppose a subservient debt management strategy,
and to repudiate all foreign debts that do not benefit the people. The State shall develop
efficient and effective debt management strategies that will benefit the people and shall
give preferential treatment to local capital.
26. We have the right to equal access to employment opportunities and professional
advancement. The labor force is the lifeblood of the country and all workers have the
right to just compensation, dignified and humane working environment, job security, the
right to form and join unions and organizations, to bargain collectively, to go on strike
and to actively participate in political life. Discrimination in the work place, sexual
harassment, slavery, exploitation, and child labor shall not be tolerated. Moreover,
overseas workers have the right to enjoy the basic rights accorded to workers in their
respective host countries, consistent with international labor laws or standards.
27. Land, as a limited resource, bears a social function. The right to own land should be
limited to Filipinos and shall be guided by the principle of stewardship and subject to the
demands of the common good. Peasants shall have the right to own the land they till
through a genuine agrarian reform program including support services. Landowners
shall also be protected from land grabbers through effective legal and administrative
measures.
28. Fisher folk have the right of access to fishing grounds, to protection from foreign
incursions and local large scale/commercial fishing business, to genuine aquatic
reforms and to the preservation and protection of communal fishing grounds.
29. We have the preferential right to the judicious cultivation, utilization, and
preservation of our natural resources which will ensure an ecological balance that can
support and sustain the total physical and economic well-being of every person, family
and community.
30. The marginalized and vulnerable sectors shall have preferential access/control to
credit and micro-finance, and the right to skills and livelihood training, which shall
contribute to the constant improvement of their lives.

COLLECTIVE RIGHTS
31. We have the right to self-determination. This right provides us with the freedom to
develop ourselves as peoples, preserve our culture and retain our national identity. Our
peoples shall not be coerced into assimilation, nor shall force evacuation, dislocation
and displacement resulting from development aggression and other State policies
should be allowed. We have the right to resist any form of political, economic, social or
cultural domination by resorting to any legitimate means.
32. We have the right to a clean, safe and sustainable environment that supports an
equitable quality of life. Ecological balance must be preserved in the pursuit of national
development because the capacity of our resources to continue supporting our daily
needs is limited. Collectively, we have the intergenerational responsibility to protect,
conserve and develop our natural environment for the enjoyment of present and future
generations of Filipinos.
33. We have the right to a social order, which is conducive to peace and development. It
is the duty of the State to undertake a comprehensive peace process that reflects the
sentiments, values and principles important to all peoples of the Philippines. Therefore,
it shall not be defined by the State alone, nor the different contending groups only, but
by all peoples of the Philippines as one community. The promotion and protection of our
rights must be geared towards international understanding, solidarity among peoples
and nations, and friendship among all racial, ethnic or religious groups.

WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans, regardless of their nationality, race,
gender, religion, language, or sexual orientation. The concept of human rights may not
be new, but it’s gone through significant changes over time. In the past, only the rights
of privileged groups of people were respected. In 1948, the newly-formed United
Nations General Assembly adopted the Universal Declaration of Human Rights
(UDHR). This codified the necessity of human rights for all. International law, national
constitutions, and other conventions support and expand on the UDHR. What kinds of
human rights exist?

THEORETICAL CATEGORIZATIONS
Some theories help us understand where the concept of current-day human
rights comes from. “Natural rights” are a very old philosophical concept. Related to
natural law, natural rights refer to rights that are universal and inalienable. They are
not related to any government or culture. By being human, a person is entitled to their
natural rights. That’s where we get the concept of universal human rights. Another
example of human rights categorization is the distinction between positive rights and
negative rights. The state must provide access to positive rights, like food, housing,
education, and healthcare. Negative rights refer to the freedom from certain things, like
slavery, torture, and suppression. It’s the state’s role to ensure these violations do not
occur. In the “three generations” framework of human rights law, which has most
impacted Europe, negative rights are first generation, while positive rights are part of the
second and third generations.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The UDHR and other documents lay out five kinds of human rights: economic,
social, cultural, civil, and political. Economic, social, and cultural rights include the
right to work, the right to food and water, the right to housing, and the right to education.
Documents like the International Covenant on Economic, Social, and Cultural Rights,
which was established in 1976, protect these rights. Conventions like the Convention on
the Rights of the Child safeguard the economic, social, and cultural rights of specific
groups. As with all types of human rights, the state’s responsibility is to protect,
promote, and implement economic, social, and cultural rights. Specific examples in this
category include:
 The right to work in a safe environment for a fair wage
 The right to access medical care, including mental health care
 The right to accessible education
 The right to adequate food, clothing, and housing
 The right to affordable sanitation and clean water
 The right to take part in cultural life
 The right to enjoy the benefits of scientific progress
 The right to social security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal Declaration of
Human Rights. They state that people must be allowed to participate freely in civil and
political life without facing repression or discrimination. While economic, social, and
cultural rights are framed as rights a person is entitled to, most civil and political rights
are about protection from certain things, like torture and slavery. Documents like the
International Covenant on Civil and Political Rights and its two Optional Protocols
outline rights such as:
 The right to life, which is violated by actions like death by torture, neglect, and
use of force
 The right to freedom of expression, which is violated by restricting access to
ideas and limiting press freedom
 The right to privacy, which is violated by intruding on a person’s sexual life or
personal data
 The right to asylum, which is violated by deporting someone to a country where
their lives are at risk
 The right to a fair trial and due process, which is violated by a court that’s not
impartial and excessive delays
 The right to freedom of religion, which is violated when someone is punished for
following their beliefs or forced to adopt another religion
 The right to freedom from discrimination, which is violated when traits like race,
gender, religion, etc are used as justification for actions like being fired from a
job.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (ABBREVIATED)

Article 1 Right to Equality

Article 2 Freedom from Discrimination

Article 3 Right to Life, Liberty, Personal Security

Article 4 Freedom from Slavery

Article 5 Freedom from Torture and Degrading Treatment

Article 6 Right to Recognition as a Person before the Law

Article 7 Right to Equality before the Law

Article 8 Right to Remedy by Competent Tribunal

Article 9 Freedom from Arbitrary Arrest and Exile

Article Right to Fair Public Hearing

10

Article Right to be Considered Innocent until Proven Guilty

11

Article Freedom from Interference with Privacy, Family, Home and

12 Correspondence

Article Right to Free Movement in and out of the Country

13

Article Right to Asylum in other Countries from Persecution

14

Article Right to a Nationality and the Freedom to Change It

15

Article Right to Marriage and Family

16

Article Right to Own Property

17

Article Freedom of Belief and Religion

18

Article Freedom of Opinion and Information

19

Article Right of Peaceful Assembly and Association

20

Article Right to Participate in Government and in Free Elections

21

Article Right to Social Security

 22

Article Right to Desirable Work and to Join Trade Unions

23

Article Right to Rest and Leisure

24

Article Right to Adequate Living Standard

25

Article Right to Education

26

Article Right to Participate in the Cultural Life of Community

27

Article Right to a Social Order that Articulates this Document

28

Article Community Duties Essential to Free and Full Development

29

Article Freedom from State or Personal Interference in the above Rights

30

TREATMENT VS. PUNISHMENT

NATURE AND TRENDS OF PUNISHMENT

Punishment is a means of social control. It is a device to cause people to

become cohesive and to induce conformity. People believe that punishment is effective
as a means of social control but this belief is doubtful. There is no question, however,
that some forms of punishment are more effective in one society than in another. For
example, punishment in a small well bordered community, where people practically
know everybody, is more effective in inducing conformity than in a highly mobile
metropolitan city.

The general concept of punishment is that it is infliction of some sort of pain on

the offender for violating the law. This definition is not complete in the sense that it does
not mention the condition under which punishment is administered or applied. 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.

Punishment is restricted to such suffering as is inflicted upon the offender in a

definite way by, or in the name of, the society of which he is a permanent member.
Punishment must be intended and not accidental, to produce some sort of justified
suffering on the offender. It is essential that the offender should be forcibly made to
suffer and that society is justified in making him suffer. Punishment is a form of
disapproval for certain behaviors that is followed by imposing a penalty. Punishment
makes the offender stigmatized and penalized. The offender may or may not actually
suffer, under the intentional application of punishment, depending on the circumstances
it is applied and the toughness of the individual offender.

Justifications of
Punishment

The theories or justifications of punishment vary from one stage of civilization to

another. The most common justifications of punishment are retribution, expiation or
atonement, deterrence, protection and reformation.

Retribution
In primitive days punishment of the transgressor was carried out in the form of
personal vengeance. Since there were no written laws and no courts, the victim of a
crime was allowed to obtain his redress in the way he saw fit. Oftentimes, the retaliatory
act resulted in infliction of greater injury or loss than the original crime, so that the latter
victim was perforce afforded his revere. Punishment therefore became unending
vendetta between the offender and the victim. Later, an attempt was made to limit the
retaliation to the degree of injury inflicted, thus the philosophy of “an eye for an eye”
evolved. During this period nearly all offenses that are now included in criminal codes
as public crimes, were considered private offenses for which the victims were allowed
their redress through personal vengeance.

There were a few offenses, however, which were regarded as crimes committed
against the native gods. People being then superstitious, believed that any catastrophe
that befell the group was a retaliation of an offended god. In order to appease the
offended god, the social group or clan demanded that the supposed offended be
banished or put to death. Witchcraft was considered a public crime and a person
suspected of being a witch was tortured, banished or put to death.

Expiation or Atonement
This theory or justification of punishment was also advocated during the
prehistoric days. A sort of common understanding and sympathetic feeling developed in
the group. An offense committed by a member against another member of the same
clan or group aroused the condemnation of the whole group against the offending
member.
The group would therefore demand that the offender be punished. When
punishment is exacted visibly or publicly for the purpose of appeasing the social group,
the element of expiation is present. Expiation is therefore, group vengeance as
distinguished from retribution which is personal vengeance. Punishing the offender
gives the community a sense of its moral superiority, an assurance that virtue is
rewarded after all. Hostile action against the offender brings about cohesiveness in
society. Corporal punishment in most modern countries has been abolished and the
application of punishment has tended to be withdrawn from the public eye. Some
segments of society, however, still cling to the belief wrong doing or in order that
punishment be punishment.

Deterrence
It is commonly believed that punishment gives a lesson to the offender; that it
shows others what would happen if they violate the law; and that punishment holds
crime in check. This is the essence of deterrence as a justification for punishment.
Cesare Beccaria, an exponent of the Classical School of Criminology and whose
writings at the end of the 18th century renovated the punitive justice system of Europe,
contended that the intent of punishment should not be to torture the criminal or to undo
the crime (expiation) but to “prevent others from committing a like offense”. He
advocated the theory that “a punishment should have only that degree of severity which
is sufficient to deter others. It is doubtful if punishment is as the proponents think. In one
New England state during the 18th Century, theft was punishable by whipping the
offender in the public plaza. The purpose of whipping the thief within the public view
was to deter others from committing the same offense. Public whipping, however, did
not diminish the incidence of the theft in that state.

In England during the 18th century, pick pocketing was one of fifty offenses punishable
by hanging. The offender was hanged on a Sunday afternoon in order to draw the
largest number of spectators. The hanging would be preceded by a brass band playing
in the morning until in the afternoon. On this occasion, thousands of spectators would
mill their way in the crowd to obtain a better view of the victim as the condemned man
was executed. On this same occasion professional pickpockets were busy plying their
trade in the crowd. The multitude that came to view the hanging were there to see how
the offenders withstood their fate, how callous they were, and how they would react to
the jeers and chastisement of the crowd. In some instances punishment undoubtedly
has a deterring effect. For the great mass of infractions of the law, however, the fear of
punishment does not enter into the causation.
The conception of deterrence presumes that the person thinks before he acts
and that all he has to do is to think of the consequences and then he will be deterred.
Actually this is not so because offenders commit crimes without the fear of punishment
uppermost in their minds. There are certain types of offenders who could not be
deterred by the fear of punishment, namely, the behavior of the moment type involved in
crimes of anger and passion; and the type of offender whose antisocial behavior is
connected with his personality pattern and is part of his approach to life as exemplified
by the psychopathic offender and the neurotic offender.
There is no doubt, however, that some types of offenders, particularly first
offenders, can be stigmatized by the lightest form of punishment. To others more injured
in crime; going in and out of penal institutions does not deter.

Protection
Protection as a justification of punishment came after prisons were fully established.
People believe that by putting the offender in prison, society is protected from his further
criminal depredation. If this were so, vicious and society is protected from his further
criminal depredation. If this were so, vicious and dangerous criminals should be made
to serve long terms of imprisonment. Recidivism and habitual delinquency laws are
expected to attain this end.

How effective is protection as justification of punishment? Or how effective is

imprisonment as a means of protecting the community against crime?

According to statistics, the prison population of the Federal Bureau of Prisons

and the Correctional Departments of Minnesota and Washington DC represent a very
insignificant portion (only 3.5%) of the whole criminal population. Ninety-six and five
tenth percent (96.5%) of crimes reported to the police remain at large. These figures do
not include crimes not reported to the police, the volume of which is unknown.
Therefore, from these data we can conclude that imprisonment cannot protect society
from crime. Even if all convicted offenders were kept in prison for life, still the 96.5%
who are at large will continue to plague society. Also, imprisonment as an end of
punishment is not tenable because prisoners are released within a short period of
confinement. Statistics show that their average stay inside prison is from three to five
years, after which they are again ready to commit further crimes.

Reformation
This is the latest justification of punishment. Under this theory, society can best
be protected from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner. Advocates of this theory contend that since punishment does
not deter; in as much as imprisonment does not protect society from further commission
of crimes because the greater portion of the criminal population is at large; and because
prisoners stay in prison for a short time, from 3 to 5 years only, society’s interest can
best be served by helping the prisoner become a law-abiding and productive citizen
upon his return to the community by making him undergo an intensive program of
rehabilitation in prison.
Theoretically, imprisonment for reformation is sound, but practically, rehabilitation
is difficult to achieve. Some prisoners are reformed, but about 50% get relapses. Failure
to reform prisoners may be due to poor administration of the reformatory program, or it
may lie in the make-up of the criminal population.
Probation, which is a substitute for imprisonment, and parole, which an early
release from prison, are intended to reform the offender. A new concept of correctional
administration has developed, thus reformation and rehabilitation are now thought of as
“treatment”. Treatment through institutional programs and through probation and parole
services is the modern version of reformation and rehabilitation.

LIMITATIONS OF PUNISHMENT
Punishment has certain limitations on the offender, in spite of the above-enumerated
justifications, are:
1. Punishment makes the criminal cautious about concealing his criminal activities
2. Stigmatizes him and isolates him from society; makes him a martyr or a hero; and
develops in him an antisocial grudge and a strong resentment of authority.
3. Punishment on the other hand does not deter; does not repair damage to society; or
reconstruct the personality of the offender.

Trends of Punishment
The principal trends of punishment are in the development of exemptions,
pardon, and communications; the decline in the severity of punishment; the growth of
imprisonment and its modifications; good time allowances; indeterminate sentences;
suspended sentence and probation, conditional release, parole, short sentences, and
fines.

Exemptions of Punishment
The basis for exemptions is usually social. In Europe, Kings and Rulers in
ancient and early modern society could do no wrong. Upper classmen were often times
exempted from criminal liability for offences, which caused the commoner long
imprisonment or death penalty.
Most countries today do not punish offenders for absence of “mens rea '', that is
absence of a guilty mind or lack of criminal intent. The right of sanctuary was practiced
in the early Christian era. The benefit of clergy was originally given to clerics who did
not wear ecclesiastical robes from being tried by lay courts but only by ecclesiastical
courts. Later the privilege was extended to anyone who could read and write. Age of the
offender was another basis for exemption from criminal responsibility. juvenile
delinquents are not legally classified as criminals.
The mental condition of the offender is another basis for exemption from criminal
responsibility. The M'Naghten case of England (1843) held the opinion that an offender
is to be considered sane and responsible until it is proven that he was insane when the
act was committed, and therefore, could not have known right from wrong. This doctrine
holds true in every progressive country today. Reformists would want the criminal
insane, such as the criminal psychopaths and criminal neurotics, handled by special
laws and procedures in courts and to provide specialized mental institutions for their
care. There is now a move that in cases where the plea is “ no responsibility” because
of insanity or mental disturbance, juries should be concerned only with the problems of
establishing guilt and that a panel of experts appointed by the courts; should determine
the disposition to be made of the case.
MIDTERM

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

The Philippines takes pride in its unique and indigenous way of settling disputes
and treating both offenders and victims at the village ("barangay") level. The system is
called "Katarungang Pambarangay" (Village Justice System). When a complaint is
reported or an unresolved conflict or dispute from the barangay level is elevated to the
jurisdiction of the police, the victim is viewed as a complainant. If a criminal charge
progresses up to the courts, the victim continues to act in the role of prosecution
witness in the case against the offender.

Under the Rules of Court, the victim may seek restitution for damages from the
crime by filing a civil suit against the offender. A victim/witness who believes
himself/herself to be in danger from an offender can apply for admission into the
WITNESS PROTECTION, SECURITY, and BENEFIT PROGRAM OF THE
DEPARTMENT OF JUSTICE. A Board of Claims was created in 1992 under the
Department of Justice to grant COMPENSATION FOR VICTIMS of unjust imprisonment
or detention and victims of violent crimes. The law specifies the administrative
procedure for filing the victim's claim through the Board of Claims. The Commission on
Human Rights exists under a constitutional mandate to act as an independent office to
protect and promote human rights. This commission provides financial assistance to
victims of human rights violations or their families, so as to help alleviate suffering and
sustain their basic needs within a specified period. Further, the Philippine Government
has enacted laws that protect the rights and address the needs of certain categories of
victims, notably children, women, and migrant Filipinos. This chapter also discusses
Philippine civil society's role in victims' support, as well as the challenges and prospects
of victim support schemes. The chapter concludes that prospects for victim support in
the Philippines are promising because of pending legislation designed to further protect
human rights in the areas of child abuse and specific harms suffered by crime victims.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

1. WITNESS PROTECTION, SECURITY AND BENEFITS PROGRAM
It is a program established under Republic Act No. 6981, "The Witness
Protection, Security and Benefit Act", which seeks to encourage a person who has
witnessed or has knowledge of the commission of a crime to testify before a court or
quasi-judicial body, or before an investigating authority, by protecting him from reprisals
and from economic dislocation.

Who can be admitted into the Program?

  Any person who has knowledge of or information on the commission of a crime
and has testified or is testifying or is willing to testify.
 A witness in a congressional investigation, upon the recommendation of the
legislative committee where his testimony is needed and with the approval of the
Senate President or the Speaker of the House of Representatives, as the case
may be.
 A witness who participated in the commission of a crime and who desires to be a
State witness. An accused who is discharged from an information or criminal
complaint by the court in order that he may be a State witness.

Who are disqualified for admission into the Program?

An applicant will not be admitted into the program if:
 the offense in which his testimony will be used is not a grave felony;
 his testimony cannot be substantially corroborated in its material points;
 he or any member of his family within the second degree of consanguinity or
affinity has not been threatened with death or bodily injury or there is no
likelihood that he will be killed, forced, intimidated, harassed or corrupted to
prevent him from testifying or to testify falsely or evasively because or on account
of his testimony; and
 if the applicant is a law enforcement officer even if he will testify against other law
enforcement officers. The immediate members of the applicant may, however, be
admitted into the program.

What benefits may a witness under the Program receive?

The benefits include the following:
 Security protection and escort services.
 Immunity from criminal prosecution and not to be subjected to any penalty or
forfeiture for any transaction, matter or thing concerning his compelled testimony
or books, documents or writings produced.
 Secure housing facility.
 Assistance in obtaining a means of livelihood.
 traveling expenses and subsistence allowance while acting as a witness.
 Free medical treatment, hospitalization and medicine for any injury or illness
incurred or suffered while acting as a witness.
 Burial benefits of not less than Ten Thousand pesos (P10,000.00) if the witness
is killed because of his participation in the Program.
 Free education from primary to college level for the minor or dependent children
of a witness who dies or is permanently incapacitated.
 Non-removal or demotion in work because of absences due to his being a
witness and payment of full salary or wage while acting as witness.

2. VICTIMS COMPENSATION PROGRAM

Republic Act No. 7309 is the law creating the Board of Claims under the
Department of Justice granting compensation for victims of unjust imprisonment or
detention and victims of violent crimes.
What is the rationale for the enactment of the law?
One of the more vexing problems in the area of justice and human rights is the
implementation of the constitutional provision against the deprivation of life, liberty and
property without due process of law. Persons have been accused and imprisoned for
crimes they did not commit, only to be subsequently acquitted. Government and society
have become notably indifferent to victims of crimes and criminals. A judicial way of
filing a claim for compensation may be too long. Congress opted for an administrative
procedure of filing the claims by creating the Board of Claims.

Who may apply for compensation?

 A person who was unjustly accused convicted and imprisoned and subsequently
released by virtue of a judgment of acquittal;
 A person who was unjustly detained and released without being charged;
 A person who is a victim of arbitrary detention by the authorities as defined in the
Revised Penal Code under a final judgment of the court; or
 A person who is a victim of a violent crime which includes rape and offenses
committed with malice which resulted in death or serious physical and/or
psychological injuries, permanent incapacity or disability, insanity, abortion,
gserious trauma, or committed with torture, cruelty or barbarity.

3. REPUBLIC ACT NO. 10368

“An act providing for reparation and recognition of victims of human rights
violation during the Marcos Regime, documentation of said violations, appropriating
funds therefor and for other purposes”

RIGHTS OF CRIME VICTIMS. --A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding,
or any parole proceeding, involving the crime or of any release or escape of the
accused.
(3) The right not to be excluded from any such public court proceeding, unless the court,
after receiving clear and convincing evidence, determines that testimony by the victim
would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court
involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and
privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred
prosecution agreement.
(10) The right to be informed of the rights under this section and the services described
in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c))
and provided contact information for the Office of the Victims' Rights Ombudsman of the
Department of Justice.

DIFFERENT THERAPEUTIC/ TREATMENT MODELS

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 through 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. 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.

The Administration has adopted a harmonized and integrated treatment program

for these clients to affect 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).
As shown in Figure 1, the PPA treatment paradigm has three major components: 1)
Restorative Justice (RJ) as the philosophical foundation or conceptual framework,
represented by the frame and handle of the umbrella; 2) Therapeutic Community (TC)
as treatment modality, represented by the panelled canopy of the umbrella showing the
distinct but overlapping treatment categories, namely: behaviour shaping/behaviour
management; emotional/psychological aspects; intellectual/spiritual aspects; and
vocational/survival skills; and 3) the Volunteer Probation Aide as the lead community
resource, represented by a figure holding up the umbrella in cooperation with the
Probation and Parole Officer. The umbrella matrix also highlights the extension of
support to both victim and offender and their respective families/communities in the
overall spirit of reconciliation and healing.

Restorative Justice Practices as Adopted by the PPA By way of Memorandum Order

No. 12, S.2003, dated 16 July 2003, the PPA promulgated a policy on adopting RJ
practices as a major component of its treatment programmed.
 In the main, the RJ practice generally proceeds in the following manner:

(a) Investigation Stage

The investigation conducted by the Probation Officer includes the statement of
the victim/offended party and of the general community towards the crime, the offender
and suggestions for his/her/its reparation. At this stage, the investigating officer tries to
ascertain the victim’s readiness for reconciliation with the offender and the community
as well as the community’s capacity to provide support.

(b) Supervision Stage

The offender’s supervision treatment plan (STP) shall include the need for RJ
intervention as may be needed and appropriate. The RJ process may proceed in this
way:
1) The parties should be brought within the programme of their own free will.
Parties should have the right to seek legal advice before and after the restorative
process.
2) 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 decisions.
3) Neither the victim nor the offender should be induced by unfair means to
participate in restorative justice processes or outcomes.
4) Where no agreement can be made between the parties, the case should be
withdrawn from the restorative process.
5) In the event agreement is reached by parties, it 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 programmed; and
6) Discussions and disclosures made during the process shall be treated with
strict confidence and shall not be disclosed and used against the parties involved

The Volunteer Probation Aides (VPAs) as the Lead Community Resource

The enlistment and training of VPAs started in 1977 while the Agency was
preparing for the operationalization of the national probation programmed which was to
begin on 3 January 1978.
Towards 1980, the VPA programmed dwindled from around 2,123 VPAs to only
100, due to budgetary limitations in the reimbursement of travelling expenses.
Beginning in 2003, through the technical and financial assistance of UNAFEI,
PPA revitalized its VPA system with due consideration of its past experience. Later, with
the support of JICA, a three-year In-Country Training Programmer on the Holistic
Approach to Volunteer Resource Development was undertaken from 2006 to 2008. The
Project was extended for another two years as a technical cooperation project until
2010. D.

The Roles of VPAs

The role of the VPA may be classified into two categories:
1. Direct Supervisor
The VPA should undertake the following:
1.1. Supervise a maximum of five clients at any given time;
1.2. Work Closely with a PPO and discuss the treatment plans and status of
clients; and
1.3. Submit a monthly accomplishment report to the PPO.
2. Resource Individual
VPA may act as a:
2.1 Resource speaker during training activities, information drives, etc.;
2.2 Counsellor;
2.3 Donor, sponsor or resource manager during fund-raising activities;
2.4 programmed coordinator of client activities; and a
2.5 Mediator, RJ Implementer, TC Facilitator.

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 available such as
refrigeration, automotive mechanics, 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.
6. LITERACY AND EDUCATION In coordination with LGU programs, adult education
classes are available 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 uniforms 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 campaigns,
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.

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 models 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 pardonee’s.
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 dependents 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.

VICTIMS REPARATION AND EMOTIONAL RECOVERY PROGRAMS

The criminal justice system in the Philippines recognizes the significance of
rehabilitation and reintegration of convicted felons in the community. Evidently,
Correction, being one of the pillars of Philippine Criminal Justice System (PCJS)
adopted various rehabilitation programs such as the following: (a) Moral and Spiritual
Program; (b) Education and Training Program; (c) Work and Livelihood Program; (d)
Sports and Recreation Program; (e) Health and Welfare Program; and (f) Behavior
Modification Program, to include Therapeutic Community (TC).

REPARATION - refers to the process and result of remedying the damage or harm
caused by an unlawful act.
PURPOSE OF REPARATION
1. Generally understood to reestablish the situation that existed before the harm
occurred.
2. It can also serve as a measure to end ongoing breaches and to deter future ones, as
a vehicle for reconciliation or to restore relations between the violator and injured
parties, as well as a basis to repair or rehabilitate physical and psychological integrity
and dignity.

In international law, a breach of an international obligation gives rise to a duty to

repair the harm caused. The obligation to make reparation follows a determination that
a particular act caused, or sufficiently contributed to, the harm or damages and implies
a level of wrongfulness. However, certain international law agreements may also
impose an obligation to afford reparation for losses irrespective of fault.

It has been recognized that reparation must “fully” repair any injury, including any
material or moral damage caused by the wrongful act. It must, so far as possible, wipe
out all the consequences of the illegal act and reestablish the situation that would, in all
probability, have existed if that act had not been committed.
THE RECOGNIZED FORMS OF REPARATION
1. RESTITUTION relates to the reestablishment of the situation that existed before the
wrongful act was committed.
2. COMPENSATION is for any pecuniary and nonpecuniary losses, including loss of
profits and employment.
3. REHABILITATION refers to long-term medical and psychological care and surgeries
as well as legal care.
4. SATISFACTION refers to measures such as formal acknowledgment of the unlawful
character of the breach, apologies, and prosecutions.
5. GUARANTEES OF NON-REPETITION are forward-looking remedies focusing on
prevention that can refer to either measures of deterrence aimed at protecting a victim
from further harm or broader measures, such as legal and institutional reform and
vetting of public officials aimed at avoiding the wider conditions that allowed for the
breach.

These forms, afforded singly or in combination, feature in the United Nations

Basic Principles and Guidelines on the Right to a Remedy and Reparation, adopted by
the UN General Assembly in 2006. Article 34 in the International Law Commission’s
Draft Articles on the Responsibility of States for Internationally Wrongful Acts lists
restitution, compensation, and satisfaction as the forms of reparation.

Noted: Cessation and non-repetition are dealt with separately, as independent

obligations stemming from the wrongful act.

BEHAVIORAL

BEHAVIOR MODIFICATION is a therapeutic approach designed to change a particular

undesirable negative behavior.

By using a system of positive or negative consequences, an individual learns the correct

set of responses for any given stimulus. The practice has several offshoots that attempt
to alter behavior through different actions and has developed throughout the years.
Behavior modification has been found to be successful in treating disorders like
attention deficit hyperactivity disorder (ADHD), obsessive-compulsive disorder (OCD),
phobias, separation anxiety, generalized anxiety disorder (GAD), disruptive behavior
and autism, among other conditions.

This isn’t quite the Pavlovian dog salivation scheme you may be familiar with.
That’s classical conditioning. The way operant conditioning and thus behavior
modification in this sense differs is in the nature of the responses. Unlike Pavlovian
conditioning, which generally deals with elicited or reflexive responses, Skinner’s theory
works with voluntary responses. Behavior modification is commonly used in schools and
at home, as well as in rehabilitation settings.
CLASSICAL CONDITIONING
UNCONDITIONED STIMULUS - unconditioned response
CONDITIONED STIMULUS - conditioned response
NEUTRAL STIMULUS - no response

Reinforcement - strengthen behavior

Punishment - weaken behavior
Positive - adding stimulus
Negative - removing stimulus

The belief behind behavior modification is that all behaviors can be observed and
measured, and used as targets for change. As a result of those consequences (positive
or negative), a person can learn, shape or eliminate certain behaviors. Before we delve
into the different approaches of behavior modification, let’s look at some key terms to
avoid confusion:
Antecedent. An antecedent comes prior to the (un)desired behavior. It is changeable
and can consequently be altered or removed in order to affect the behavior.
Consequence. Consequences usually indicate something bad, but in this context,
consequences can be good or bad. These occur after the behavior occurs and can
change as well. These are also referred to as reinforcement (to strengthen behavior)
or punishments (to weaken behavior). Since both reinforcement and punishment can
be good or bad, here are some more details to uncomplicated the explanation:
 Positive reinforcement is given when a desired behavior occurs and
strengthens that behavior.
For example, if Bobby eats all his carrots, he will then get dessert.
 Negative reinforcement occurs when an unpleasant stimulus is removed for the
desired behavior and strengthens behavior.
For example, each morning Bobby’s mom comes in and wakes him up for school
by singing. Bobby doesn’t want to hear her sing in the morning so he learns to
wake up before she comes into the room.
 Response cost is like a punishment because a positive stimulus is removed. A
response cost is designed to weaken undesirable behavior.
For example, Bobby doesn’t want to share toys with his sister, so his mother
takes one away as a result.
 Punishment occurs when a negative stimulus is added to weaken behavior.
Using our earlier example thread, if Bobby doesn’t want to share or play nicely
with his sister, punishment might include a timeout.
 Extinction happens when there is no reinforcement for behavior, thus
weakening the response.

EMOTIONAL
 Upon his initial commitment to the Reception and Diagnostic Center (RDC), the
inmate’s medical history is recorded and properly documented by the Medical
Specialist. Medical information and mental status examinations are given to ascertain
his overall physical / mental fitness and whether he would be fit for work. This forms part
of the diagnostic process which will eventually determine the most appropriate
rehabilitation program for the inmate.

The principal medical care of inmates is provided through a 500-bed capacity

hospital at the New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six
(6) other prison and penal farms. All correctional facilities have a full and competent
staff of medical practitioners in charge of clinics, infirmaries and hospitals. These
centers are capable of minor surgical operations, laboratory examinations, radiology,
psychiatric, rehabilitation and dental treatment.

Other government and private hospitals are also tapped in the implementation of
standards pertaining to nutrition and protective health services for the prison
community. Medical services also include a wide range of counseling techniques and
therapy programs which address the psychological problems of inmates, including
suicidal thoughts and feelings of rejection which may lead to disruption of peace and
order within the prison compounds. When an inmate’s ailment is beyond the
competence of the in-house medical doctors, the inmate is referred to a government
hospital in accordance with prison rules and under proper security escorts.

PSYCHOLOGICAL AND EMOTIONAL TREATMENT

1. INDIVIDUAL AND GROUP PSYCHOTHERAPY. Psychological therapies provided in
jails, prisons, or forensic hospitals may include cognitive behavioral therapy (CBT, with
or without criminal thinking curriculum) and dialectical behavior therapy (DBT). CBT
aims to build cognitive skills and replace distorted cognitions (self-justificatory9 thinking,
displacement of blame, schemas of dominance and entitlement) with noncriminal
thought patterns. DBT was originally designed to treat chronically parasuicidal women
with borderline personality disorder, but has been adapted to other populations,
including offenders with severe mental illness. DBT combines traditional combines the
basic strategies of CBT with Eastern mindfulness practices
2. PSYCHOPHARMACOLOGIC THERAPIES. If a correctional facility houses inmates
with SMI, antipsychotic, antidepressant, and mood-stabilizing medications must be
included in the medication formulary. Further, “all correctional formulary policies must
include a mechanism to access non-formulary medications on a case-by-case basis to
ensure access to appropriate treatment for serious mental illness. “However, special
conditions in correctional facilities such as high rates of substance use disorders require
that formularies limit or exclude medications that have a high potential for misuse or
abuse. In most correctional facilities, a psychiatrist and other mental health
professionals must be involved in the development of the institution’s formulary.
3. SPECIALIZED HOUSING. Includes self-contained mental health units for the care of
inmates with SMI who are unable to function in the general population. Specialized
housing options may vary from facility to facility (e.g., jail to prison or prison to prison),
but include inpatient care, short-term crisis beds, and long-term residential units.
4. INTEGRATED DUAL DISORDERS TREATMENT (IDDT). The same treatment team
treats both addiction and SMI simultaneously. The substance abuse treatment is
tailored to people with mental illness. Individuals are taught how mental health and
substance abuse disorders interact. This approach utilizes CBT.
5. TELEMEDICINE/TELEPSYCHIATRY. Telemedicine is becoming an increasingly
common mode of delivery for psychological/ and psychiatric services. Treatment is
delivered by way of videoconferencing.

SPIRITUAL
Inmates enjoy freedom of religion. All inmates are free to observe the rituals of
their faith, with orderly conduct supervised by prison authorities. A religious guidance
adviser or chaplain is assigned in every prison and penal farm. The prison chaplain sets
the stage for every regular spiritual activity. He is an officer of the institution who
oversees the operation of the prison chapel. He is not only the spiritual leader but also a
counselor and adviser. Prisoners may be baptized or given other sacraments. Religious
Volunteer Officers, or RVOs belonging to different church groups provide weekly
religious activities ranging from bible studies, devotions, prayer meetings or praise and
worship. With a predominantly Roman Catholic prison population, a Catholic Mass is a
regular feature in spiritual activities of the prison communities. Restrictions, however,
are imposed if, in the course of religious activities, security is compromised or a
program is too expensive.

VOCATIONAL

EDUCATION AND SKILLS TRAINING

Rehabilitation can be facilitated by improving an inmate’s academic and job
skills. Records show that many prisoners are poorly educated. A majority are
elementary school drop outs or have not even finished primary school. Prison education
amounts to remedial schooling designed to prepare inmates to obtain basic skills in
reading, writing and mathematics.
In most correctional facilities, vocational programs are incorporated into job
assignments and serve as on the-job training. The goal is to provide inmates with skills
that will improve their eligibility for jobs upon release. Most prison vocational training is
geared toward traditional blue-collar employment in areas such as electronics, auto
mechanics and handicrafts. At the Reception and Diagnostic Center, a basic computer
literacy course with typing as a support course is available for inmates who have
finished at least high school level.

Vocational training and social education focus on job readiness. The concern in
these areas is life skills. If inmates are to reenter society and abstain from criminal
activity, they must be employable and have the basic tools necessary to function as
responsible citizens.

The National Penitentiary has a college degree program and a tertiary degree
correspondence course, in addition to the regular secondary and compulsory basic
literacy classes. Prisoners are strongly encouraged by the BuCor authorities to enroll
while serving their sentence and to advance their academic skills.

SPORTS AND RECREATION

The inmates enjoy sunrise by participating in daily calisthenics. There are various
indoor and outdoor sports activities, programs, tournaments and leagues all year round,
to include basketball, volleyball, billiards, table tennis and chess. These sports
competitions promote camaraderie among inmates, good sportsmanship and team-
building. The latest addition is the newly constructed indoor sports center/gymnasium at
the Maximum-Security Compound which boasts of competition-standard flooring, sound
system, locker rooms and bleachers.

All prison and penal farms have adequate recreational facilities for inmates, both
for outdoor and indoor sports. Mini-bodybuilding gyms are available in most prison
facilities, including the Muntinlupa Juvenile Training Center and the Therapeutic
Community Center for inmates with drug cases.

For music lovers and musically-inclined inmates, numerous "videoke" centers are
available. Musical instruments are available for practice or for use in variety shows.

WORK AND LIVELIHOOD

The Bureau offers a variety of inmate work programs, from agricultural to
industrial. The purpose of the inmate work program is to keep the inmates busy, and to
provide them money for their personal expenses and their families as well as help them
acquire livelihood skills, in order that they may become productive citizens once they
are released and assimilated back into the mainstream of society.

Different prison and penal farms provide institutional work programs for inmates.
At the Davao Penal Colony, inmates work on the banana plantations of Tagum
Development Company (TADECO) which has a joint venture agreement with the
Bureau. Similarly, the vast tracts of land at the Iwahig Penal Colony are developed and
tilled by inmates to produce various agricultural products, thereby generating income for
the Bureau. The Sablayan Prison and Penal farm also provides agriculture and
aquaculture programs for inmates.

Along this end, the Bureau under the present Director has encouraged
agricultural and industrial production by providing farming implements, tractors,
fertilizers and other inputs in order to sustain this area of rehabilitation for inmates.

FINALS

Therapeutic Community (TC) in the DOJ-PPA program for rehabilitation of

offenders is a Self-Help Social Learning Treatment Modality that uses the TC
Family/Community of staff PPOs and VPAs) and clients as the primary
therapeutic vehicle to foster behavioral and attitudinal change. Its rules and
norms, shared beliefs, tools and processes combine to enable clients to active
work toward their individual goals for "right living."

The Therapeutic Community Modality Program (TCMP) is a self-help social

learning treatment model which utilizes the community as the primary therapeutic
vehicle to foster behavioral and attitudinal change. In this modality, the person learns
and practices skills and responsibilities through structured activities that they can
transfer to the society upon their release. Each participant is expected to be a
contributing member of the community and develops the impetus to change by being a
member of the community.

TCMP IN THE BJMP: BACKGROUND

In the BJMP, Therapeutic Community Modality Program (TCMP) was introduced

in 1998 when a group of personnel underwent a six (6) week live-in trainer's training
under the DAYTOP International trainers sponsored by the US State Department.

TCMP CONCEPTUAL FRAMEWORK

The conceptual paradigm of the study elaborates the four development aspects of
TCMP, these are: behavior management, emotional and psychological, intellectual
and spiritual, and vocational and survival skills, showing special areas of concern in
the individual's personality. Each component has very discrete sets of activities,
methodologies and philosophies and underlying theories that help promote change in
the members of the community and the use of various behavior shaping tools are
interconnected/interrelated with one another.

CARDINALS RULES IN TC

 No sex or sexual acting out

 No drugs/alcohol
 No violence or threat of violence
 No stealing

HOUSE RULES

 No destruction of jail property

 Respect staff and status
 Follow directions without feedback
 No cigarette smoking
 No contraband
PHASES OF TREATMENT

Phase I- Entry/Orientation Phase

 Once an inmate is committed to jail, he undergoes a series of examination to
determine his physical, social and psychological status. Upon his commitment, a
resident is placed on orientation at the Reception and Diagnostic room/ Orientation
Room. In here, he is acquainted with the TC program:

- The rules and norms of the community

- TC concepts, written and unwritten philosophy
- The staff and the members of the community
- The tools of the house
- Job functions and TC hierarchy

He is then assigned a static group and a big brother who will provide him with support
and will walk him through the orientation phase. At this phase, the resident is handled
gently and is expected to commit mistakes in the process of learning the program.
Sanctions on negative behavior are usually light with emphasis on teaching.

Phase II- Primary Treatment

After proper orientation on the different TC concepts and tools, the norms and
rules of the community and the staff members, the resident is now ready to undergo the
treatment proper. He becomes a part of the community starting as a crew member of
the housekeeping department until he gradually ascends in the hierarchy.

Phase III- Re entry

At this phase, the resident is expected to have proven his ability to take on more
responsibility hence needs lesser supervision. He is considered a role model in the TC
community. He should focus on the following learning:

- Rebuilding of social and family ties

- Going up the ladder of hierarchy by showing leadership
- Realization of his full potential to be a productive member of society
- Mapping out of plans

Phase IV-Re-entry
In the ideal setting, a resident at this stage is now ready to be released back to
society as he has demonstrated adequate self-control and discipline. The inmate is now
preparing for his life outside of jail and is focused on making himself a productive
citizen. He may start planning for job hunting and rebuilding family ties and
relationships. In the jail setting, the residents will stay inside the jail until their cases
are resolved or they have been convicted and need to be remandded to the
Bureau of Corrections.

Phase V- Aftercare
Aftercare is an outpatient program that requires clients to report twice a week to
an outreach center. They are required to attend group sessions to ensure their
adjustment to life outside jail to reduce recidivism. For clients released from jail, they are
referred to the Parole and Probation Administration and Local Government Units for
follow up and aftercare.

BEHAVIOR MANAGEMENT

The Behavior Management is a component of Therapeutic Community Modality

Program (TCMP) that introduces the concept and mechanics of the various shaping
tools to include Morning Meeting in order to facilitate the management of and shape the
behavior of the residents.

BEHAVIORAL SHAPING TOOLS

 Pre Morning-Meeting
 Morning Meeting
 Talk To
 Pull Up
 Dealt With
 Haircut
 Learning Experience/ Bans
 General Meeting
 Expulsion

Figure 1. Hierarchy of Behavior Shaping Tools

PRE MORNING-MEETING

Duration/ Frequency: Fifteen minutes daily

Participants: Senior residents, Counselor

MORNING MEETING

Duration/ frequency: One hour daily

Participants: All residents, Counselor

PARTS OF THE MORNING MEETING

I. COMMUNITY ANNOUNCEMENT/CONCERNS
a. Opening Prayer (Ecumenical)
b. Singing of the Philippine National Anthem (Flag must be displayed)
c. TC Philosophy (Adopted translation)
d. Announcements
 ➤ Staff (Director, Asst. Director, Counselor & other personnel)
➤Residents (Coordinators, Dep't Heads, Expediters)
➤Report on Dorm Inspection by Chief Expediter

e. Community Concerns
➤ Pull-ups/ elaboration
➤Affirmations

f. Concept of the Day

g. Verse of the Day

II. UP - RITUALS

h. News casting (Local, Nat'l, International, Sports and Weather News)

i. Entertainment (Choose either Song, Dance, Skit, Humorous Story)
j. Community Singing (Any song that has relation to the Concept of the Day)
k. Greeting

HIERARCHY OF BEHAVIOR SHAPING TOOLS

Behavior Shaping Tools (BST) is employed to strengthen the learning process

and the practice of more adaptive behaviors within the social learning environment. The
major tools of the BST, such as the Talk To, Pull-up, Dealt With, Haircut, Learning
Experience, General Meeting and Expulsion were developed as a means to correct
behaviors of the residents that violated the TC norms. The Hierarchy of Behavior
Shaping Tools will serve as a guide to determine which of the tools are appropriate to
be used based on the severity of the infraction or violations committed by the residents
against the TC Rules as shown in Figure 1.

TALK TO
A "Talk To" is an outright correction done by any member of the TC community to
another member who has done a minor infraction but is not aware of it. It is a friendly
reminder/advice about an unacceptable behavior and must be done privately. During a
"Talk To", the resident is made aware of his/her negative behavior and the results it may
have on others and the environment.

PULL-UP
A Pull-up is done as a result of lack, missed or lapses in awareness in a resident.
All the members of the community are responsible to pull-up minor infractions done by
peers.
Pull-ups create a certain degree of dissonance on the guilty party whereby there
is a strong internal conflict whether to practice honesty or continue to live in a lie

DEALT WITH
 Dealt With is done when negative behaviors or infractions to the House
Rules/Norms are done for the second time of same offense by a resident.
A panel of three (3) composed of a senior resident, peer and a friend are tasked
to deliver a serious and stern reprimand to the subjected resident.

HAIRCUT
Haircut is done when negative behaviors or infractions to the House
Rules/Norms in same offense are done for the third time or more or for first time grave
offenses. It is a carefully planned and structured verbal reprimand given by a Staff with
four other residents - Senior Resident, Peer, Big Brother, and Department Head. The
tone is more serious and can be loud, harsher and more exaggerated

LEARNING EXPERIENCE (increase severity) (Aggravating)

A Learning Experience (LE) is an action or activity given to a resident who was
subjected to Haircut or General Meeting who did an infraction to correct or modify a
behavior. LE may be task -oriented, written task or peer interactions. Since TCMP is
educational rather than punitive in its approach to behavioral change.

Categories of Learning Experiences:

a. Task-Oriented LE
b. Written tasks
c. Peer Interaction

BANS
Bans are sanctions to members who commit repeatedly infractions or violation to
the Cardinal Rules by prohibiting, disallowing or limiting an activity or affiliation to a
group.

GENERAL MEETING (12-15mins)

A repeated breach to the Cardinal Rules necessitates a General Meeting. Such
issue should be discussed with the community to point out to the violator the negative
effect the behavior had on the community.

EXPULSION
In extreme cases, when a resident is incorrigible and becomes a threat to the
community (Instigator, initiator of jail disturbances), the Director with the
recommendation of the Disciplinary Board may transfer him/her to the nearest jail facility
with an appropriate Court Order.

PSYCHOLOGICAL and EMOTIONAL ASPECT

 BJMP residents who are detained are basically psychologically and emotionally
challenged. They share one thing in common, that is being incarcerated with
uncertainties as to the outcome of their individual cases

COUNSELING
Counseling is defined as a professional activity of helping individuals, groups or
communities enhance or restore their capacity for psychological, emotional and social
functioning and creating an environment favorable for the attainment of these goals.

Psychosocial Skills and Characteristics of Counseling:

Empathy
- is the ability to perceive the client's feelings and to demonstrate accurate
perception of the client. “Putting oneself in client’s shoes" "Trust or Rapport"

Warmth
- is also called "unconditional positive regard". It involves accepting and caring
about the client as a person, it is most often conveyed through our non-verbal
behavior or bodily gestures.

Respect
- is our belief in the client's ability to make appropriate decisions and deal
appropriately with his or her life situation.
- by listening in silence, giving him the opportunity to design his own solution to the
problem.
- Empowerment. Values the Integrity of the Client

Congruence
- or genuineness is being honest and authentic in dealing with the client.

Confidentiality
- means that anything discussed during' counseling sessions is held absolutely
private and not to be discussed anywhere

STATIC GROUPS
The Static Group is a permanent group of peers and leaders that meet regularly
while the residents are in treatment. It is a sort of "home" group who provides support
for one another and to the new members of the community. This is designed to provide
a forum for self-expression and disclosure. It is usually facilitated by senior members of
the group. It focuses on group relationship and patterns of behavior.

Duration/ Frequency: one hour/once a week

Participants: 10-15 residents, Counselor

Procedure:
 1. Once a resident enters the jail, he/she is assigned to a particular Static group. It
serves as a permanent group that addresses the general issues in treatment.
2. It utilizes confrontation from peers to evoke changes in behavior though the
group is primarily supportive. The group provides immediate support to new
members of the community

PEER CONFRONTATION GROUP

The group participants in Peer Confrontation group are selected by the staff and
group according to peers like adult members will go with the same date of entry in the
facility and same goes with the middle and young members.

It is done in a more compassionate way where each resident tries to help one
another. Participants confront each other on what they do for themselves while in the
facility and ask how they are coping with it.

Duration/ frequency: one hour/ twice a month

Participants: 10-15 residents, Coordinator

Procedure:
1. Participants will sit in a circle position.
2. Staff may sit just outside the circle or there may be no staff.

SECRETS
Secrets are a group activity where participants are given the opportunity to
unload emotional baggage and thus experience freedom from internal psychological
conflicts.
It promotes trust among the participants knowing that each will reveal his utmost
secrets to the group. It also aims to deepen mutual respect among the participants.

Duration/ frequency: 1-2 hours/ once a month

Participants:1 Staff, 10-12 residents

Procedure
1. Form a group of 10-12 residents, preferably of variedly different persons.
2. Each one is instructed to go to a place where they can be alone and free from
distractions.

ENCOUNTER GROUPS
The Encounter Group serves as a "safety valve" within the community which is
usually high pressured and structured. It is a forum for members of the community to
verbally express pent-up or negative emotions within a structured and safe environment
without resorting to violence or aggression and without fear of reprisal.

Duration/ frequency: 1-1 1/2 hours/ once or twice a week.

Participant
s: Counselor, 2 co-facilitators, 8-10 residents
Procedure
1. A resident may drop a slip on another resident stating his name, the name of the
person he is dropping a slip and the reason for dropping the slip. Only feelings of
hurt, anger and concern can be reasons for encounter.
2. The staff will choose his co-facilitators who are also staff members. Once he has
gathered 2 or 3 slips, he may schedule an encounter group.

a) Confrontation: This phase involves verbalization of concerns or honest

disclosure of emotions that has been provoked during interpersonal interactions
with another resident. Regardless of the cathartic nature of expression, the rules
of the encounter group should always be respected.
b) Exploration: In this phase, all the feelings that were expressed are further
examined and explored and find out how it could have resulted in such way in
order to evoke awareness on the connection of behavior, feelings and attitude.
In this phase, blaming or finger pointing at one party is avoided. It will only cause
resentment form one party.
c) Resolution and Commitment: After some realizations and attaining some
insights into their behaviors, the residents are now ready to move to the last
phase to practice new behaviors. From the feedbacks received,
d) Socialization: This is a structured social event where all those involved in an
encounter will have ample time to mend fences with those they have offended or
hurt in the past. The purpose is to achieve closure, reaffirm relationship and
maintain the unity of the community so that all those involved can move on and
leave the past behind.

EXTENDED GROUP
The Extended Groups (Probe, Marathon) are usually composed of 5-12 residents
and is being facilitated by 2 highly trained staff members.
It may last for 8-72 hours. The participants must have at least 4 months in the
program and have shown adequate stability before he can be included in the activity

INTELLECTUAL AND SPIRITUAL COMPONENTS

Spirituality in TC
Spirituality is any action or activity that reflects or brings out the goodness in a
man. Spirituality in TCMP is designed to respond to the inner longing of residents to find
greater faith where they can anchor themselves within their struggle to find meaning to
their existence.
Explore the meaning and purpose of existence.
It summarizes a man's relationship with himself, others and the Supreme Being

Intellectual Component
The intellectual component on the other hand responds to the natural human
characteristics of yearning for knowledge in order to attain a higher level of
understanding. A well-structured and well-implemented Intellectual Component is a
factor in establishing a Therapeutic Community for the residents.

TC UNWRITTEN PHILOSOPHIES
The unwritten philosophy of TC consists of slogans or aphorisms that are
verbally given to the residents to impart the beliefs and values of TC in relation to their
day to day living. These sayings are used to remind the residents as to what are
considered important to them.

1. "Honesty"
This virtue points out the importance of truth and its relevance to recovery.

2. "Responsible love and concern"

Bonded by trust and confidence, the residents know that mistakes need to be
corrected

3. "To be aware is to be alive"

Residents learn to be conscious of what is going on in the environment. In TC,
minor attitudes are engrossed to prevent major attitudinal problems to arise.

4. "Trust in your environment"

There will be no change if there is no honesty and disclosure.

5. "Be careful what you ask for, you might just get it"
Man by nature is ambitious. We never get contented with what we have. We
want more, even if having so would lead us to commit mistakes. We should learn
to appreciate what we have and use it to better ourselves.

6. "No free lunch"

In reality, nothing really comes easy. If we aim for something, we have to work
for it.

7. "You can't keep it unless you give it away"

Knowledge or learning is better appreciated if shared with others.

8. "What goes around comes around"

"Whatever you do unto others will be done unto you

9. "Act as if"
Learning and accepting the TC program is not easy. Most residents feel resistant
towards it.

10. "Understand rather than be understood"

It is sometimes common for us to be selfish.

11. "Personal growth before vested status"

 Sometimes, we become so wrapped up in our own status or positions in life that
we tend to forget to develop relationships with the people around
12. "Compensation is valid"
A reward for working hard is well deserved. We get what we put into.

13. "Forgiveness"
To accept what has been done, move on and get over the hurt and anger gives
us a feeling of inner peace and happiness

14. " Humility"

To humble one' self before others is a laudable virtue.

15. "You alone can do it, but you can't do it alone"

Oftentimes, we feel invincible and indispensable knowing that certain tasks can
only be accomplished by us.

16. "Pride in quality"

Time flies so fast that we tend to hurry in everything we do. We lose our focus
and do things haphazardly just for the sake of completion

17. "Feelings don't think"

We usually react impulsively to things around us because of our feelings. Before
we can even think, an action has already been done.

18. "Guilt kills"

One of the underlying reasons for depression is guilt. It is a feeling of shame and
self-blame.

19. "Hang tough"

Sometimes, we feel that there is no end to our miseries and we feel helpless and
hopeless.

20. "You are your brother's keeper"

In TC, each one is responsible for the other members of the community. The
failure of one is the failure of all.

ORGANIZATIONAL HIERARCHY OF THERAPEUTIC COMMUNITY

Participants: Personnel and residents
Table 1.1 The TCMP Hierarchical Structure (TYPE A)

CLASS-A TC COMMUNITY (JAIL POPULATION - 1,000 UP)

1. BUSINESS OFFICE DEPARTMENT - Admin

2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING DEPARTMENT – Records
4. GROUNDS/ LANDSCAPING DEPARTMENT – Custodial
 5. LAUNDRY DEPARTMENT – Logistics
6. ΜΑΙΝΤΕΝΑNCE DEPARTMENT – Operations
7. SPECIAL SERVICE DEPARTMENT – IWDO
8. EXPEDITING DEPARTMENT - Paralegal/ I&I

Table 1.2 The TCMP Hierarchical Structure (TYPE B)

CLASS-B TC COMMUNITY (JAIL POP 500-999)

1. BUSINESS OFFICE DEPARTMENT – Admin

2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT – Records
4. GROUNDS/ LANDSCAPING/ MAINTENANCE DEPARTMENT – Custodial
5. SPECIAL SERVICE DEPARTMENT – IWDO
6. EXPEDITING DEPARTMENT - Paralegal/ 1&

Table 1.3 The TC Hierarchical Structure (Jail pop-1-499 TYPE C)

CLASS-C TC COMMUNITY (JAIL POP -1-499)

1. BUSINESS OFFICE DEPARTMENT – Admin

2. KITCHEN DEPARTMENT - Food Service Specialist
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT – IWDO
4. EXPEDITING DEPARTMENT - Paralegal/ I&I
Note: The set up of the Hierarchical Structure depends upon the needs of the facility.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY (FROM

HIGHEST TO LOWEST)

Coordinator
Coordinator On Duty
Chief Expediter
Assistant Chief Expediter
Department Head

TCMP DEPARTMENTS AND FUNCTIONS

Department Crew
Business Office Department (BOD)
Expediting Team
Maintenance and Landscaping Department
Housekeeping Department.
Kitchen Department
Laundry Department
STAFF FUNCTIONS

Director
Assistant Director
Counselor

DEFINITION OF TERMS

ANGER MANAGEMENT - a specialized group activity discussing issues to control

anger.
ANNOUNCEMENT - information given to all residents.
ATTITUDES - the general condition of the TC family as a whole, including incidences,
positive and negative.
BANS - a behavior shaping tool to prohibit a resident to a specific area, activity, verbal,
another client.
BIG BROTHER - an older member of the community tasked to provide guidance to the
newly committed residents.
BOOKED - logged an incident to the Coordinator of the Day.
CARDINAL RULES - the principal guiding rule observed by all residents in a TC
Community with heavier corresponding consequences.
COERCION- the use of internal and external sources to heighten dissonance on the
client and magnify his choices and the specific consequences of his choices.
COMMUNICATION -a department which oversees the daily census, entry, and other
information to be disseminated.
COMMUNITY - the residents of the TC Family.

RESIDENT-PDL
COORDINATOR - the highest position attained by a resident in a TC Hierarchy, who
works with the staff in running the house, implementing rules. With corresponding
status, a resident has an authority over the other residents.
COORDINATOR OF THE DAY - assigned coordinator (resident) to oversee and
address the incidents, attitudes house through the use of behavior shaping tools - talk
to, dealt with, haircut.
COUNSELOR- staff member position who assists the residents' needs
DAILY STRUCTURE- list of day-to-day activities
DEPARTMENT HEAD- a ranking resident next to the coordinator in the TC Hierarchy
assigned to oversee, monitor tasks to be done in a particular department.
DISSONANCE - the time period of admitting, denying before coming up with a decision
DIRECTOR- the highest staff facility officer (Warden) who has direct command to both
residents and staff DORMITORY-a cell where the residents stays while on confinement.
ENCOUNTER- a group process utilized to vent out concerns, anger and hurt feelings
ENCOUNTER BOX - box used to receive slips being dropped.
ENTERTAINMENT and RECREATIONAL ACTIVITY an activity in the TC community
aimed to aid residents in treatment
EVALUATION- an assessment done anytime during the treatment
EXPEDITING TEAM- a department that serves as police of the community to ensure
order among residents
EXPULSION- the ejection of one from the community because of his/her serious
offense
FRIEND a resident who has the closest regard to the other resident
GENERAL MEETING - a behavior shaping tool addressing serious infraction of a
resident.
GENERAL WORKER- the lowest position in the TC hierarchy
GROUNDS- pertains to lawns, pathways and landscape
HAIRCUT- a behavior shaping tool consisting of a five-man panel that addresses a
resident's infraction.
HIERARCHICAL STRUCTURE-the chain of command of residents in TCMP.
HOUSE- pertains to the jail facility.
HOUSE RULES - are day to day standards that need to be followed inside the jail
facility to ensure the smooth and orderly flow of operation.
HOUSEKEEPING TEAM - a department that maintains cleanliness of the facility.
INFRACTIONS - a violation to the House Rules of the TC Family.
LEARNING EXPERIENCE a form of sanction that aid residents realize the value of
correcting infractions
MORNING MEETING - a daily ritual addressing attitudes of previous days, performed to
start the day right.
PEERS - friends of the same entry period.
PRE-MORNING MEETING - the activity preceding the Morning Meeting that discusses
attitudes of the house and eliciting theme of the week and word of the day.
PULL-UP - verbal reprimand done during the Morning Meeting.
RESIDENTS - terms used for inmates who are part of the TCMP community.
SENIOR RESIDENT - a member of the TC community having the position such as
Static Group leader and its Assistant and in Charge of various special services groups.
STAFF - refer to jail personnel.
STATIC GROUP - a group composed of residents known as permanent support group
TALK TO - friendly reminder for resident violators
TC FAMILY - refers to all residents of the TC community.
UNWRITTEN PHILOSOPHY - refers to a guiding value which residents reflect and hold
on.
VIOLATOR - a resident who commits an act in violation of the TC/Jail Rules.
Therapeutic Community Modality Program (TCMP) - is a self-help social learning
treatment model which utilizes the community as the primary therapeutic vehicle to
foster behavioral and attitudinal change. Therapeutic Community (TC) is a Self-Help
Social Learning Treatment Modality that uses the TC Family/Community of staff PPDs
and VPAs) and clients as the primary therapeutic vehicle to foster behavioral and
attitudinal change. Its rules and norms, shared beliefs, tools and processes combine to
enable clients to actively work toward their individual goals for "right living"
Saturday Night Activity - This activity is held every Saturday as a recreational event
purposely to instill fun, humor and entertainment after an intense and hectic week
TC RATIO - 1:100
Counseling - is defined as a professional activity of helping individuals, groups or
communities enhance or restore their capacity for psychological, emotional and social
functioning and creating an environment favorable for the attainment of these goals.
Empathy- is the ability to perceive the client's feelings and to demonstrate accurate
perception of the client
Warmth - is also called "unconditional positive regard". It involves accepting and caring
about the client as a person, it is most often conveyed through our non-verbal behavior
or bodily gestures.
Respect is our belief in the client's ability to make appropriate decisions and deal
appropriately with his or her life situation,
Congruence or genuineness is being honest and authentic in dealing with the client.
Confidentiality- means that anything discussed during counseling sessions is held
absolutely private and not to be discussed anywhere.

CLASS A-TC COMMUNITY (JAIL POPULATION-1,000 UP)

CLASS B-TC COMMUNITY (JAIL POP 500-999)
CLASS C-TC COMMUNITY (JAIL POP-1-499)