What is the rationale for the

enactment of the law?

OLIVAREZ COLLEGE
TAGAYTAY One of the more vexing
E. Aguinaldo Highway, Brgy. San problems in the area of justice and
Jose Tagaytay City human rights is the implementation of
CRIMINOLOGY DEPARTMENT the constitutional provision against the
deprivation of life, liberty and property
SUBJECT: (CA3- without due process of law. Persons
THERAPEUTIC MODALITIES
have been accused and imprisoned for
crimes they did not commit, only to be
subsequently acquitted. Government and
CHAPTER III society have become notably indifferent
to victims of crimes and criminals. A
GOVERNMENTAL PROGRAMS judicial way of filing a claim for
FOR THE VICTIMS compensation may be too long.
Congress opted for an administrative
procedure of filing the claims by
Learning Objectives: creating the Board of Claims.
At the end of the chapter students will
be able to:
Who may apply for compensation?
1. Enlighten on the concept of
victims’ compensation program. 1. A person who has unjustly
2. Gain wisdom on the importance accused convicted and
of Protection of Victims and imprisoned and subsequently
Witnesses. released by virtue of a judgment
3. Understand and comprehend the of acquittal;
significance of the Restorative
Justice 2. A person who was unjustly
detained and released without
being charged;
Victims Compensation Program
3. A person who is a victim of
arbitrary detention by the
What is the law creating the Board of authorities as defined in the
Claims? Revised Penal code under a final
Republic Act No. 7309 is the law judgment of the court; or
creating the Board of Claims under the
Department of Justice granting 4. A person who is a victim of a
compensation for victims of unjust violent crime which includes
imprisonment or detention and victims rape and offenses committed
of violent crimes. with malice which resulted in
 death or serious physical and/or 2. In all other cases the maximum
psychological injuries, for which the Board may
permanent incapacity or approved a claim shall not
disability, insanity, abortion, exceed TEN THOUSAND
serious trauma, or committed PESOS (P10,000.00) or the
with torture, cruelty or barbarity. amount necessary to reimburse
the claimant the expenses
incurred for hospitalization,
When should a claim be filed? medical treatment, loss of wage,
loss of support or other expenses
The claim should be filed with
directly related to the injury,
the Board by the person entitled to
whichever is lower to be
compensation under this Act within six
determined by the Board.
(6) months after being released from
imprisonment or detention or from the
date he suffered damage or injury;
May the decision of the Board of
Otherwise he is deemed to have waived
Claims be appealed?
his claim.
Yes, Section 8 provides that:
“Any aggrieved claimant may appeal,
How is a claim filed? within fifteen (15) days from receipt of
the resolution of the Board, to the
A claimant may file a claim with
Secretary of Justice whose decision shall
the board by filling up an application
be final and executory.”
form provided for the purpose with the
Secretariat of the Board of Claims,
Department of Justice. Thereafter he
will be interviewed and he will be duly
notified of the action taken by the WHAT IS RESTORATIVE
Board. JUSTICE?
Restorative Justice is a process
through which remorseful offenders
How much is given to a qualified accept responsibility for their
applicant? misconduct, particularly to their victims
1. For the victims of unjust and to the community. It creates
imprisonment, the compensation obligation to make things right through
shall be based on the number of proactive involvement of victims,
months of imprisonment and ownership of the offender of the crime
every fraction thereof shall be and the community in search for
considered one month, but in no solutions which promote repair,
case shall such compensation reconciliation and reassurance. Thus, the
exceed ONE THOUSAND restorative justice process is actively
PESOS (P1,000.00) per month. participated in by the victim, the
offender, and/or any individual or
community member affected by the HOW IS RESTORATIVE JUSTICE
crime to resolve conflicts resulting from IMPLEMENTED IN PPA?
the criminal offense, often with the help
A. During the Investigation Stage
of a fair and impartial third party.
Information such as
Examples of restorative process include
victims’ version of the offense,
mediation, conferencing,
effect of victimization to their
sentencing/support circle and the like.
lives, families, future, and plans,
The restorative outcome is the
and victims’ appreciation on how
agreement obtained as a product of a
the damage/harm inflicted by the
restorative justice process. Examples of
crime can be repaired and healed
restorative outcomes include restitution,
are gathered to serve as input in
community work service and any other
the post-sentence investigation
program or response designed to
(PSI) or pre-parole/executive
accomplish reparation of the victim, and
clemency investigation (PPI)
the reintegration of the victims and/or
reports prepared by the
offenders.
investigating officer to be
submitted to the Court and the
Board of Pardons and Parole,
WHAT ARE THE EFFECTS OF
respectively. These data are vital
RESTORATIVE JUSTICE AS A
in the conduct of restorative
REHABILITATION PROGRAM OF
justice processes during the
PPA?
supervision phase. Soliciting
Reintegration of the offenders to stakeholders’ interest for their
the social mainstream and encouraging introduction to the restorative
them to assume active responsibility for process commences during this
the injuries inflicted to the victims; stage.
Proactive involvement of the community
to support and assist in the rehabilitation B. During the Supervision Stage
of victims and offenders; Attention to
Restorative Justice
the needs of the victims, survivors and
Program is a part of the
other persons affected by the crime as
rehabilitation of the client which
participating stakeholders in the criminal
is incorporated in the client’s
justice system, rather than mere objects
Supervision Treatment Plan
or passive recipients of services of
(STP). In applying the various
intervention that may be unwanted,
restorative justice processes for
inappropriate or ineffective; Healing the
the client’s rehabilitation, the
effects of the crime or wrongdoing
supervising officer observes the
suffered by the respective stakeholders;
following points:
and Prevention of further commission of
crime and delinquency. The parties are brought
within the program out of their
own volition. Parties have the
right to seek legal advice before
 and after the restorative justice offender to learn about the impact of the
process; Before agreeing to crime to the victim and his/her family,
participate in the restorative and to take direct responsibility for
justice process, the parties are his/her behavior. Likewise, it provides a
fully informed of their rights, the chance for the victim and the offender to
nature of the process, and the forge a mutually acceptable plan that
possible consequences of their addresses the harm caused by the crime.
decision; Neither the victim nor
Examples of restorative process include
the offender is induced by unfair
mediation, conferencing, sentencing/
means to participate in
support circle and the like. The
restorative justice processes or
restorative outcome is the agreement
outcomes; Discussion in
obtained as a product of a restorative
restorative justice processes
justice process. Examples of restorative
should be highly confidential and
outcomes include restitution, community
should not be disclosed
work service and any other program or
subsequently, except with the
response designed to accomplish
consent of the parties, and should
reparation of the victim, and the
not be used against the parties
reintegration of the victims and/or
involved; Where no agreement
offenders.
can be made between the parties,
the case is withdrawn from the
WHAT ARE THE OUTCOMES
restorative justice process; and in
OR INTERVENTIONS WHICH
the event agreement is reached
CAN BE AGREED UPON
by parties, it is put in writing to
DURING THE RESTORATIVE
give substance/essence to the
JUSTICE PROCESS?
agreement. The failure to
implement any provision of the
As a result of the restorative
agreement made in the course of
justice process, the following
the restorative justice process is a
outcomes or interventions may be
basis for the withdrawal of the
agreed upon by parties in a
case from the program.
Restorative Justice discussion, such
as, but not limited to:
Peacemaking Encounter
A. Restitution
Peacemaking Encounter is a Restitution is a process
community-based gathering that brings upon which the offender accepts
the victim, the victimized community, accountability for the financial
and the offender together. It supports the and/or non-financial losses
healing process of the victims by he/she may have caused to the
providing a safe and controlled setting victim. Restitution is a “core”
for them to meet and speak with the victim’s right which is very
offender on a confidential and strictly crucial in assisting the
voluntary basis. It also allows the redirection of the victim’s life.
 Part of the conditions of esteros, recycling, construction,
probation as imposed by the repair of streets, and the like.
Court is the payment of civil
Citizenship and Civic
liability to indemnify the victim
participation – experiential
of the offender, and to inculcate
activities which involve solving
to the offender a sense of
community problems; examples:
responsibility and obligation
puppet shows that showcase
towards the community.
values, street dramas, peer
counseling.
Consequently, the
probation and parole officer Helping the Disadvantaged –
should see to it that the offender this will enhance offender’s self-
complies with this condition. esteem; examples: assist
handicapped, assist in soup
B. Community Work Service kitchen, tutor peers, visit the
aged in jail and hospitals.
Community Work
Service, whether imposed as a Crime Prevention Project –
condition of offender’s examples: Brgy. Ronda, giving
conditional liberty or integral testimony to the youth.
part of his treatment plan, should
The probation and parole officer
be purposely motivated to make
should ensure the adoption of
the offender realize that he/she
these community work services
incurred an obligation to make
to facilitate the reintegration of
things right. In its application,
the offender in the community.
the offender can be subjected to
perform work service measures, C. Counseling (whether
including, but not limited to any individual, group or family)
of the following: It will enhance client’s
interpersonal relationship and it
Mentoring and
will help him/her become more
Intergenerational Service –
aware of his/her
offenders will develop their
shortcomings/weaknesses. This
nurturing needs thru caring for
will also help him/her overcome
other people; example: with
painful experiences that drove
senior citizens, with orphanages,
him/her to commit a
or with street children.
crime/offense.
Economic development – to
link directly with the business D. Attendance to trainings,
project; examples: cleaning seminars and lectures
downtown area, tree planting,
maintenance of business zones, E. Participation in education,
housing restoration, garbage and vocation or life skills program
waste management, cleaning of
F. Group Therapy Session
An intervention which
provides recovering drug
dependents or those with serious
behavioral problems an
opportunity to discuss their
problems.

G. Spiritual development
session/faith-based session

H. Submission to
psychological/psychiatric
assessment

I. Submission to drug test/drug

dependency examination

J. Attendance to skills
training/livelihood assistance
program

K. Marital enhancement
program

L. Written or oral apology

M. Submission to family therapy

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

N. Confinement in Drug
Treatment Rehabilitation
Center Including Aftercare