Hipolito, Angelo N.

"Punitive Justice to Restorative Justice: Alternatives to Incarceration for the

Rehabilitation of Drug Users and Pushers"

Chapter I

Introduction

One of the obligations of the Philippines under international law is set forth in the United

Nations Standard Minimum Rules for Non- Custodial Measures (The Tokyo Rules) regarding

the treatment of its criminal offenders. One of the fundamental aims of the law is to provide a set

of basic principles to promote the use of noncustodial measures, as well as minimum safeguards
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for persons subject to alternatives to imprisonment. Likewise, in August 2002, the UN

Economic and Social Council adopted a resolution calling upon Member States implementing

restorative justice programmes to draw on a set of Basic Principles on the Use of Restorative

Justice Programmes in Criminal Matters.

As a result, different countries are now providing non-custodial measures for the

rehabilitation of offenders by using different restorative justice approaches. The Philippines, as a

signatory member country of the United Nations shall also ensure the adoption of this resolution

through establishment of policies which aim to reform the offenders. Restorative justice

considers the position of the victim, the offender, their families and the community. The goal is

for the offender to take responsibility for what he have done. It tries to repair the harm done to

the victim which in turn will contribute to the prevention of crimes. The rehabilitation of the

offenders and their integration back into society is the primary concern. The end goal of
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United Nations Standard Minimum Rules for Non- Custodial Measures
restorative justice is the reformation of the wrongdoer.

Most of the drug-related offenders make up the large proportion of the penitentiaries. The

current situation in most penitentiaries calls for new methods and alternatives through the use of

restorative justice for the correction and rehabilitation of drug users and pushers. These drug

related offenders could be treated more effectively through alternatives to incarceration focus

specifically at the drug problem. In fact, the 1988 United Nations Convention against Illicit

Traffic in Narcotic Drugs and Psychotropic Substances and the Guiding Principles on Drug

Demand Reduction of the General Assembly of the United Nations call on governments to take

multidisciplinary measures for the treatment and rehabilitation of the offenders.2

The Philippines present criminal justice system recognizes crime as a violation if state laws.

The government has organized and established institutions which serve to maintain peace and

order. Once a law is violated, a case will be filed against the alleged offender . If the courts of

law find a person guilty of committing a crime, he shall be imprisoned. Imprisonment aims to

rehabilitate the offender during service of sentence. However, the continuous increase in cases

involving drug abuse show that the problem is not solved.Authorities recognize that many

offenders who violate drug laws commit crimes because of their addiction to drugs. Prisoners

often find themselves in conditions that adversely affect their physical as well as mental health

thereby affecting chances of adjustment after serving sentence behind bars. Treating offenders

for their addictions through methods other than punishing them through imprisonment can be

used. Recognizing that drug use is a matter requiring a public health approach, the government

should promote alternatives to incarceration for the treatment of drug users and pushers.

Majority of drug prisoners will eventually rejoin the society after serving their sentence for a

few years. The condition in penitentiaries shall contribute to the rehabilitation of these offenders.
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Custodial and Non-Custodial Measures Alternatives to Incarceration. United Nations. 2016
Despite the efforts of the government to combat the problem on drugs through punitive justice,

the drug-related offense still continue to rise. The war on drugs of the new administration which

lead to thousands of arrest of alleged drug users and pushers indicates that the problem in drugs

is far from over. According to the Philippine Drug Enforcement Agency (PDEA), 86,984 drug

suspects were arrested during the first year of the Duterte administration.3 The need to find

alternatives to incarceration that will promote the reformation of the offenders and thereby

remove the possibility of being imprisoned for the same offense of drug use is now timely. With

these, the researcher wants to determine whether restorative justice can be a tool in the

correction and rehabilitation of drug users and pushers. Specifically, the researcher wants to

discover the methods the government can use to treat drug-related offenders other than putting

them behind bars. Through restorative justice, the researcher believes that changing the focus of

penitentiary measures to restorative justice and reintegration would be beneficial not only in

lessening the problem of overcrowded prisons but also in the reduction of drug-related offenses.

Problem Statement

3
Placido, D. (2017. Jun 30). "PDEA: Year 1 of Duterte Drug War a Success. Retrieved from http://news.abs-
cbn.com/news/06/30/17/pdea-year-1-of-duterte-drug-war-a-success.
 Despite the best efforts of the government , the problem of continuous increase in the cases

of drug using and pushing is still present. This study aims to know the restorative approaches

that can be utilized to address this issue.

Specifically, the study aims to answer the following questions:

1. What is the concept of punitive justice?

2. What is the concept of restorative justice?

3. What are the custodial and non-custodial measures in dealing with drug users and pushers in

the Philippines?

4. What are the international and national laws supporting restorative justice?

5. What are the measures used by foreign countries for the correction and rehabilitation of drug

offenders?

6. What are the views of legal practitioners on punitive and restorative justice?

7. What are the alternatives to incarceration for the correction and rehabilitation of drug users

and pushers?

Significance of the Study

The study will be beneficial to the criminal justice system of the Philippines since the use of

restorative justice would be introduced in solving the problem of drug-related offenses.

To the Philippine penitentiaries, since alternatives to incarceration will be presented and can

be used to lessen the problem of congestion of prisons.

To the Philippine courts, since numerous cases related to drug-using and pushing are

pending before the courts now.

The study covers the restorative justice approach of the Philippines as well as selected

foreign countries. The research limits the study to the correction and rehabilitation of drug users

and pushers only and not any other offenders. The study will be limited to cases of drug users

and pushers for the past five years.