Restorative Justice and the Philippines

• Restorative Justice involves remorseful offenders accepting responsibility for their misconduct, particularly to victims and the community.
• It emphasizes repairing harm through victim involvement, offender accountability, and community participation.
• The process aims for repair, reconciliation, and reassurance.
• Restorative justice actively involves the victim, offender, and affected community members in resolving conflicts from the offense.
• This often involves a neutral third party.
• Processes include mediation, conferencing, and sentencing/support circles.
• A restorative outcome is an agreement resulting from a restorative justice process.
• Outcomes include restitution, community work service, and programs for victim reparation and offender reintegration.

Adoption in the Philippines

• The Philippines is a member of the UN Commission on Crime Prevention and Criminal Justice.
• The commission recommended adopting the "Basic Principles on the Use of Restorative Justice Programs in Criminal Matters."
• The Philippines, as a signatory, is obligated to adopt this resolution.
• The government aims for a humane correctional system that promotes offender reformation and reduces recidivism.
• This aligns with laws mandating the Parole and Probation Administration (PPA) to administer the Parole and Probation System.
• PPA is empowered to create policies and programs for client reintegration and crime prevention.
• PPA has adopted Restorative Justice as a rehabilitation program that uses restorative processes and strives for restorative outcomes.

Effects as a Rehabilitation Program of PPA

• It reintegrates offenders into society
• Encourages offenders to take responsibility for harm done to victims
• Proactively involves the community in victim and offender rehabilitation
• It addresses the needs of victims and survivors as stakeholders in the justice system
• Heals the effects of crime on stakeholders
• Prevents further crime and delinquency

Implementation in PPA

Investigation Stage

• Information is gathered regarding the victim's perspective, the impact on their life, families, and future plans.
• Input is also gathered on how the harm can be repaired.
• This information serves as input for post-sentence investigation (PSI) or pre-parole/executive clemency investigation (PPI) reports that are submitted to the Court and Board of Pardons and Parole.
• The data is crucial for conducting restorative justice processes during the supervision phase.

Supervision Stage

• The Restorative Justice Program is incorporated into the client's Supervision Treatment Plan (STP).
• Participation in the program is voluntary for all parties.
• Parties have the right to seek legal advice.
• Participants are fully informed of their rights, the nature of the process, and potential consequences.
• Neither victim nor offender is unfairly pressured to participate.
• Discussions are confidential and not disclosed without consent, nor used against participants.
• Cases are withdrawn if no agreement is reached.
• Agreements are written down to ensure they are upheld.
• Failure to implement the agreement is grounds for withdrawal from the program.

Roles of Probation and Parole Officers

• A Probation and Parole Officer acts as a restorative justice planner.
• Tasks of the officer include identifying cases for Peacemaking Encounter, facilitating dialogue, coordinating with community leaders, and serving as a facilitator.
• They assist in the healing process based on the Supervision Treatment Plan.
• He/she prepares case notes reflecting restorative justice values.
• Includes impact of crime, victim input, and offender responsibility.
• The Chief Probation and Parole Officer (CPPO) approves cases for Peace Encounter Conference.
• Implements and monitors plans and agreements made during the conference.

Procedural Safeguards

• Clients must admit the offense to be eligible.
• They should be encouraged to take full responsibility.
• A personal visit may be necessary to solicit stakeholder interest.
• Victims' preferences for meeting time, date, and place are prioritized.
• Restorative Justice planners should involve community members as facilitators.
• A pre-conference meeting with facilitators is held to plan details.
• A pre-conference meeting with stakeholders explains the process.
• The Restorative Justice planner ensures everyone knows the location.
• Facilitators ensure a comfortable and safe location, free from interruptions.
• Stakeholders are consulted on the facilitator panel composition.
• Indigenous systems of settling disputes are recognized and utilized.

Restorative Justice Models in PPA

Peacemaking Encounter

• A community-based gathering of victim, community, and offender.
• Supports victim's healing through a safe environment to meet with the offender voluntarily.
• Allows offender to learn the crime's impact and take responsibility.
• Provides a chance for victim and offender to forge a mutually acceptable plan.

Victim/Offender Mediation

• Provides an interested victim the opportunity to meet face-to-face with their offender.
• The meeting occurs in a secured and structured setting with a trained mediator.
• Allows for discussion of the past offense and its impact on the victim's life.
• Supports the healing process of the victim.
• Allows the offender to take direct responsibility for their behavior.
• Mutually develop a Restorative Justice plan that addresses the harm caused by the said offense

Conferencing

• Involves the victim and the offender and their families, the affected community members and trained facilitators and community strength.
• Parties are gathered to discuss how they have been harmed by the offense or conflict.
• Discusses how that harm may be repaired and broken relationships may be restored.

Circle of Support

• A community-directed process organized by the field office.
• The process engages clients, Volunteer Probation Aides (VPAs), and community members in discussing the offense and its impact.
• Participants engage in a shared understanding of the incident.
• Together they identify steps to assist in reconciliation and healing.
• Aims to prevent future crime or conflict.
• Facilitated by trained Probation and Parole Officers, Volunteer Probation Aides, or community leaders.
• The probation and parole officer should be sensitive to the needs of the victim and take steps to protect the safety and interest of the victim.