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Restorative Justice is a process through which remorseful offenders accept responsibility for
their misconduct, particularly to their victims and to the community. It creates obligation to make
things right through proactive involvement of victims, ownership of the offender of the crime
and the community in search for solutions which promote repair, reconciliation and reassurance.
Thus, the restorative justice process is actively participated in by the victim, the offender, and/or
any individual or community member affected by the crime to resolve conflicts resulting from
the criminal offense, often with the help of a fair and impartial third party. Examples of
restorative process include mediation, conferencing, sentencing/support circle and the like. The
restorative outcome is the agreement obtained as a product of a restorative justice process.
Examples of restorative outcomes include restitution, community work service and any other
program or response designed to accomplish reparation of the victim, and the reintegration of the
victims and/or offenders. – probation.gov.ph
Bill of right Section 1 - No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
4. The Department of Justice thru Sec. Menardo Guevarra and the Department of Interior
and Local Government (DILG) thru Sec. Eduardo M. Ano have released the revised
implementing rules and regulations of Republic Act 10592 or the expanded good conduct
time allowance (GTCA), which took effect in 2013.The law now permanently excludes
all recidivists, escapees, habitual delinquents and convicts of heinous crimes. One of
the important revisions made in the IRR is the specification of prisoners excluded from
early release of R.A. 10592, the benefits of which include credit for preventive
imprisonment, GCTA, time allowance for loyalty and study, teaching, and mentoring.
The IRR also defined heinous crimes based on jurisprudence and as enumerated in
Republic Act No. 7659 which imposed the death penalty on certain heinous crimes such
as murder, rape, destructive arson, parricide, kidnapping and serious illegal detention, and
drug-related offenses.
5. No. Congress should not amend the GCTA Law because the law itself is already good.
However, Steps on making the IRR consistent with the law should be taken. It’s IRR
should be tailored according to the provision of the law that it seeks to implement. The
very purpose of the IRR is to implement, clarify, supply the details and fill in the gaps of
the law. With the amendment of the IRR making a clear specification that those
convicted of heinous crime are exempted from this law erases the ambiguity in section 1
and section 3 of the law which became the very center of the controversy - that is whether
or not Mayor Sanchez- a convict of heinous crime- should be released under this law.