WHAT ARE THE

RESTORATIVE JUSTICE
MODELS THAT CAN BE
APPLIED IN PPA?
 PEACEMAKING
• PEACEMAKING ENCOUNTER
ENCOUNTER IS A COMMUNITY-BASED
GATHERING THAT BRINGS THE VICTIM, THE VICTIMIZED
COMMUNITY, AND THE OFFENDER TOGETHER. IT SUPPORTS
THE HEALING PROCESS OF THE VICTIMS BY PROVIDING A
SAFE AND CONTROLLED SETTING FOR THEM TO MEET AND
SPEAK WITH THE OFFENDER ON A CONFIDENTIAL AND
STRICTLY VOLUNTARY BASIS.

• IT ALSO ALLOWS THE OFFENDER TO LEARN ABOUT THE

IMPACT OF THE CRIME TO THE VICTIM AND HIS/HER FAMILY,
AND TO TAKE DIRECT RESPONSIBILITY FOR HIS/HER
BEHAVIOR. LIKEWISE, IT PROVIDES A CHANCE FOR THE
VICTIM AND THE OFFENDER TO FORGE A MUTUALLY
 AS A COMMUNITY-BASED DECISION MODEL, THE AGENCY
PEACEMAKING ENCOUNTER IS BEING IMPLEMENTED
THROUGH THE FOLLOWING PROCESSES:
• 1. VICTIM/OFFENDER MEDIATION - A PROCESS THAT PROVIDES AN
INTERESTED VICTIM AN OPPORTUNITY TO MEET FACE-TO-FACE HIS/HER
OFFENDER IN A SECURED AND STRUCTURED SETTING OR ATMOSPHERE,
WITH THE HELP OF A TRAINED MEDIATOR, AND ENGAGE IN A
DISCUSSION OF THE PAST OFFENSE AND ITS IMPACT TO HIS/HER LIFE.
ITS GOAL IS TO SUPPORT THE HEALING PROCESS OF THE VICTIM AND
ALLOW THE OFFENDER TO LEARN THE IMPACT OF HIS/HER OFFENSE ON
THE VICTIM'S PHYSICAL, EMOTIONAL AND FINANCIAL EXISTENCE,
AND TAKE DIRECT RESPONSIBILITY FOR HIS/HER BEHAVIOR BY MUTUALLY
DEVELOPING A RESTORATIVE JUSTICE PLAN THAT ADDRESSES THE HARM
CAUSED BY THE SAID OFFENSE.
• 2. CONFERENCING - A PROCESS WHICH INVOLVES
COMMUNITY OF PEOPLE MOST AFFECTED BY THE CRIME - THE
VICTIM AND THE OFFENDER AND THEIR FAMILIES, THE
AFFECTED COMMUNITY MEMBERS AND TRAINED FACILITATORS
AND COMMUNITY STRENGTH - IN A RESTORATIVE DISCUSSION
OF ISSUES AND PROBLEMS ARISING FROM AN OFFENSE OR
COINCIDENCE WHICH AFFECTS COMMUNITY RELATIONSHIP
AND TRANQUILITY. FACILITATED BY A TRAINED FACILITATOR,
THE ABOVE PARTIES ARE GATHERED AT THEIR OWN VOLITION
TO DISCUSS HOW THEY AND OTHERS HAVE BEEN HARMED BY
THE OFFENSE OR CONFLICT, AND HOW THAT HARM MAY BE
REPAIRED AND BROKEN RELATIONSHIP MAY BE RESTORED.
3. CIRCLE OF SUPPORT - A COMMUNITY DIRECTED
PROCESS ORGANIZED BY THE FIELD OFFICE AND
PARTICIPATED IN BY THE CLIENTS, THE VOLUNTEER
PROBATION AIDES (VPAS) AND SELECTED MEMBERS
OF THE COMMUNITY IN THE DISCUSSION OF THE
OFFENSE AND ITS IMPACT. WITHIN THE CIRCLE,
PEOPLE FREELY SPEAK FROM THE HEART IN A
SHARED SEARCH FOR UNDERSTANDING THE
INCIDENT, AND TOGETHER IDENTIFY THE STEPS
NECESSARY TO ASSIST IN THE RECONCILIATION
AND HEALING OF ALL AFFECTED PARTIES AND
PREVENT FUTURE CRIME OR CONFLICT.
 WHAT ARE THE OUTCOMES OR INTERVENTIONS
WHICH CAN BE AGREED UPON DURING THE
RESTORATIVE JUSTICE PROCESS?
• AS A RESULT OF THE RESTORATIVE JUSTICE PROCESS, THE FOLLOWING OUTCOMES OR
INTERVENTIONS MAY BE AGREED UPON BY PARTIES IN A RESTORATIVE JUSTICE DISCUSSION, SUCH
AS, BUT NOT LIMITED TO:

A. RESTITUTION
• RESTITUTION IS A PROCESS UPON WHICH THE OFFENDER ACCEPTS
ACCOUNTABILITY FOR THE FINANCIAL AND/OR NON-FINANCIAL LOSSES HE/SHE
MAY HAVE CAUSED TO THE VICTIM. RESTITUTION IS A "CORE" VICTIM'S RIGHT
WHICH IS VERY CRUCIAL IN ASSISTING THE REDIRECTION OF THE VICTIM'S LIFE.
PART OF THE CONDITIONS OF PROBATION AS IMPOSED BY THE COURT IS THE
PAYMENT OF CIVIL LIABILITY TO INDEMNIFY THE VICTIM OF THE OFFENDER,
AND TO INCULCATE TO THE OFFENDER A SENSE OF RESPONSIBILITY AND
OBLIGATION TOWARDS THE COMMUNITY. CONSEQUENTLY, THE PROBATION AND
PAROLE OFFICER SHOULD SEE TO IT THAT THE OFFENDER COMPLIES WITH THIS
CONDITION.
B. COMMUNITY WORK SERVICE
COMMUNITY WORK SERVICE, WHETHER IMPOSED AS A CONDITION OF OFFENDER'S
CONDITIONAL LIBERTY OR INTEGRAL PART OF HIS TREATMENT PLAN, SHOULD BE
PURPOSELY MOTIVATED TO MAKE THE OFFENDER REALIZE THAT HE/ SHE INCURRED
AN OBLIGATION TO MAKE THINGS RIGHT. IN ITS APPLICATION, THE OFFENDER CAN
BE SUBJECTED TO PERFORM WORK SERVICE MEASURES, INCLUDING, BUT NOT
LIMITED TO ANY OF THE FOLLOWING:

MENTORING AND INTERGENERATIONAL SERVICE - OFFENDERS WILL

DEVELOP THEIR NURTURING NEEDS THRU CARING FOR OTHER PEOPLE; EXAMPLE:
WITH SENIOR CITIZENS, WITH ORPHANAGES, OR WITH STREET CHILDREN.

ECONOMIC DEVELOPMENT - TO LINK DIRECTLY WITH THE BUSINESS

PROJECT; EXAMPLES: CLEANING DOWNTOWN AREA, TREE PLANTING, MAINTENANCE
OF BUSINESS ZONES, HOUSING RESTORATION, GARBAGE AND WASTE
MANAGEMENT, CLEANING OF ESTEROS, RECYCLING, CONSTRUCTION, REPAIR OF
STREETS, AND THE LIKE.
CITIZENSHIP AND CIVIC PARTICIPATION-EXPERIENTIAL ACTIVITIES WHICH INVOLVE
SOLVING COMMUNITY PROBLEMS; EXAMPLES: PUPPET SHOWS THAT SHOWCASE VALUES,
STREET DRAMAS, PEER COUNSELING.

HELPING THE DISADVANTAGED - THIS WILL ENHANCE OFFENDER'S SELF ESTEEM;

EXAMPLES: ASSIST HANDICAPPED, ASSIST IN SOUP KITCHEN, TUTOR PEERS, VISIT THE
AGED IN JAIL AND HOSPITALS.

CRIME PREVENTION PROJECT - EXAMPLES: BRGY. RONDA, GIVING TESTIMONY TO THE

YOUTH. THE PROBATION AND PAROLE OFFICER SHOULD ENSURE THE ADOPTION OF THESE
COMMUNITY WORK SERVICES TO FACILITATE THE REINTEGRATION OF THE OFFENDER IN
THE COMMUNITY.

C. COUNSELING (WHETHER INDIVIDUAL, GROUP OR FAMILY) IT WILL ENHANCE

CLIENT'S INTERPERSONAL RELATIONSHIP AND IT WILL HELP HIM/HER BECOME MORE
AWARE OF HIS/HER SHORTCOMINGS/WEAKNESSES. THIS WILL ALSO HELP HIM/HER
OVERCOME PAINFUL EXPERIENCES THAT DROVE HIM/HER TO COMMIT A CRIME/ OFFENSE.
D. ATTENDANCE TO TRAININGS, SEMINARS AND
LECTURES

E. PARTICIPATION IN EDUCATION, VOCATION OR LIFE

SKILLS PROGRAM

F. GROUP THERAPY SESSION AN INTERVENTION

WHICH PROVIDES RECOVERING DRUG DEPENDENTS
OR THOSE WITH SERIOUS BEHAVIORAL PROBLEMS AN
OPPORTUNITY TO DISCUSS THEIR PROBLEMS.

G. SPIRITUAL DEVELOPMENT SESSION/FAITH-BASED

SESSION
H. SUBMISSION TO PSYCHOLOGICAL/PSYCHIATRIC ASSESSMENT

I. SUBMISSION TO DRUG TEST/DRUG DEPENDENCY EXAMINATION

J. ATTENDANCE TO SKILLS TRAINING/LIVELIHOOD ASSISTANCE PROGRAM

K. MARITAL ENHANCEMENT PROGRAM

L. WRITTEN OR ORAL APOLOGY

M. SUBMISSION TO FAMILY THERAPY SESSION THIS SESSION AIMS TO DEVELOP

HEALTHY PERSONAL RELATIONSHIP WITHIN THE FAMILY AND TO ESTABLISH
OPEN POSITIVE COMMUNICATION BETWEEN FAMILY MEMBERS AND SIGNIFICANT
OTHERS. FAMILY MEMBERS SHOULD BE ORIENTED IN THEIR INDIVIDUAL
RESPONSIBILITIES AND ROLES.

N.CONFINEMENT IN DRUG TREATMENT REHABILITATION CENTER INCLUDING

REPUBLIC ACT NO.
8505
FEBRUARY 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE
VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE CRISIS
CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE
APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER
PURPOSES
 SECTION 1. TITLE- THIS ACT SHALL BE KNOWN
AS THE “RAPE VICTIM ASSISTANCE AND
PROTECTION ACT OF 1998.”

SECTION 2. DECLARATION OF POLICY- IT IS HEREBY DECLARED THE POLICY OF

THE STATE TO PROVIDE NECESSARY ASSISTANCE AND PROTECTION FOR RAPE
VICTIMS. TOWARDS THIS END, THE GOVERNMENT SHALL COORDINATE ITS
VARIOUS AGENCIES AND NON-GOVERNMENT ORGANIZATIONS TO WORK HAND IN
HAND FOR THE ESTABLISHMENT AND OPERATION OF A RAPE CRISIS CENTER IN
EVERY PROVINCE AND CITY THAT SHALL ASSIST AND PROTECT RAPE VICTIMS IN
THE LITIGATION OF THEIR CASES AND THEIR RECOVERY.
SECTION 3. RAPE CRISIS CENTER. THE DEPARTMENT OF SOCIAL
WELFARE THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG) ORGANIZATION (NGO) WITH PROVEN TRACK
RECORD OR EXPERIENCE I HANDLING SEXUAL ABUSE CASES, SHALL ESTABLISH
IN EVERY PROVINCE AND CITY A RAPE CRISIS CENTER LOCATED IN A
GOVERNMENT HOSPITAL OR HEALTH CLINIC OR IN ANY OTHER SUITABLE PLACE
FOR THE PURPOSE OF:

a) PROVIDING RAPE VICTIMS WITH PSYCHOLOGICAL

COUNSELLING, MEDICAL AND HEALTH SERVICES, INCLUDING
THEIR MEDICO-LEGAL EXAMINATION;
b) SECURING FREE LEGAL ASSISTANCE OR SERVICE, WHEN
NECESSARY, FOR RAPE VICTIMS;
c) ASSISTING RAPE VICTIMS IN THE INVESTIGATION TO HASTEN
THE ARREST OF OFFENDERS AND THE FILING OF CASES IN
COURT;
d) ENSURING THE PRIVACY AND SAFETY OF RAPE VICTIMS;
E) PROVIDING PSYCHOLOGICAL COUNSELLING AND
MEDICAL SERVICES WHENEVER NECESSARY FOR THE
FAMILY OF RAPE VICTIMS;
F) DEVELOPING AND UNDERTAKING A TRAINING
PROGRAM FOR LAW ENFORCEMENT OFFICERS,
PUBLIC PROSECUTORS, LAWYERS, MEDICO-
LEGAL OFFICERS, SOCIAL WORKERS, AND
BARANGAY OFFICIALS ON HUMAN RIGHTS AND
RESPONSIBILITIES; GENDER SENSITIVITY AND
LEGAL MANAGEMENT OF RAPE CASES;
G) ADOPTING AND IMPLEMENTING PROGRAMS FOR
THE RECOVERY OF RAPE VICTIMS.
 THE DSWD SHALL BE THE LEAD AGENCY IN
THE ESTABLISHMENT AND OPERATION OF THE
RAPE CRISIS CENTER.
SECTION 4. DUTY OF THE POLICE OFFICER. UPON RECEIPT BY THE POLICE
OF THE COMPLAINT FOR RAPE, IT SHALL BE THE DUTY OF THE POLICE
OFFICER TO:
(a) IMMEDIATELY REFER THE CASE TO THE PROSECUTOR FOR INQUEST
INVESTIGATION IF THE ACCUSED IS DETAINED; OTHERWISE, THE RULES
OF COURT SHALL APPLY;
(b) ARRANGE FOR COUNSELLING AND MEDICAL SERVICES FOR THE OF
COURT SHALL APPLY; OFFENDED PARTY; AND
(c) IMMEDIATELY MAKE A REPORT ON THE ACTION TAKEN.
SECTION 5. PROTECTIVE MEASURES. - AT ANY STAGE OF THE
INVESTIGATION, PROSECUTION AND TRIAL OF A COMPLAINT FOR RAPE,
THE POLICE OFFICER, THE PROSECUTOR, THE COURT AND ITS OFFICERS,
AS WELL AS THE PARTIES TO THE COMPLAINT SHALL RECOGNIZE THE
RIGHT TO PRIVACY OF THE OFFENDED PARTY AND THE ACCUSED.
TOWARDS THIS END, THE POLICE OFFICER, PROSECUTOR, OR THE COURT
TO WHOM THE COMPLAINT HAS BEEN REFERRED MAY, WHENEVER
NECESSARY TO ENSURE FAIR AND IMPARTIAL PROCEEDINGS, AND AFTER
CONSIDERING ALL CIRCUMSTANCES FOR THE BEST INTEREST OF THE
PARTIES, ORDER A CLOSED-DOOR INVESTIGATION, PROSECUTION OR
TRIAL AND THAT THE NAME AND PERSONAL CIRCUMSTANCES OF THE
OFFENDED PARTY AND/ OR THE ACCUSED, OR ANY OTHER INFORMATION
TENDING TO ESTABLISH THEIR IDENTITIES, AND SUCH CIRCUMSTANCES
OR INFORMATION ON THE COMPLAINT SHALL NOT BE DISCLOSED TO
THE PUBLIC. THE INVESTIGATING OFFICER OR PROSECUTOR SHALL
INFORM THE PARTIES THAT THE PROCEEDINGS CAN BE CONDUCTED IN A
LANGUAGE OR DIALECT KNOWN OR FAMILIAR TO THEM.
IT SHALL BE THE DUTY OF THE POLICE OFFICER OR THE
EXAMINING PHYSICIAN, WHO MUST BE OF THE SAME
GENDER AS THE OFFENDED PARTY, TO ENSURE THAT ONLY
PERSONS EXPRESSLY AUTHORIZED BY THE OFFENDED PARTY
SHALL BE ALLOWED INSIDE THE ROOM WHERE THE
INVESTIGATION OR MEDICAL OR PHYSICAL EXAMINATION IS
BEING CONDUCTED. FOR THIS PURPOSE, A WOMEN'S DESK
MUST BE ESTABLISHED IN EVERY POLICE PRECINCT
THROUGHOUT THE COUNTRY TO PROVIDE A POLICE WOMAN
TO CONDUCT INVESTIGATION OF COMPLAINTS OF WOMEN
RAPE VICTIMS. IN THE SAME MANNER, THE PRELIMINARY
INVESTIGATION PROPER OR INQUEST OF WOMEN RAPE
VICTIMS MUST BE ASSIGNED TO FEMALE PROSECUTOR OR
PROSECUTORS AFTER THE POLICE SHALL HAVE ENDORSED ALL
THE PERTINENT PAPERS THEREOF TO THE SAME OFFICE.