Saint Mary’s University
COLLEGE OF LAW
RESTORATIVE JUSTICE
COURSE OUTLINE
(As of August 2017)
I. Introduction
Definition of Restorative Justice
Concept of Restorative Justice
Characteristics of Restorative Justice
Models of Restorative Justice
II. The Probation Law of 1976
A. History of Probation
People v. Vera, GR No. L-45685, Nov. 16, 1937
B. Nature and Rationale of probation
Tolentino v. Judge Alconcel, GR No. L-63400, March 18, 1983
C. Scope of Probation
D. Grant of Probation
a) Who may apply for probation
Balleta, Jr. v. Judge Leviste, GR No. L-49907, Aug. 21, 1979
To v. Judge Crus-Pano, GR No. L-55130, Jan. 17, 1983
b) When and with whom application filed
Palo v. Militante, GR No. 76100, April 18, 1990
c) Effect of filing petition for probation
Colinares v. People, GR No. 182748, Dec. 13, 2011
Dimakuta v. People, GR No. 206513, Oct. 20, 2015
d) Post-sentence investigation and report
E. Probation Order
a) Period for resolution of petition
b) Nature and effect of grant of probation
Amandy v. People, GR No. L-76258, May 23, 1988
Budlong v. Apalisok, GR No. L-60151, June 24, 1983
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c) Effectivity of probation order
d) Terms and conditions of probation
Mandatory conditions
Discretionary conditions
Special conditions
Baclayon v. Mutia, GR No. L-59298, April 30, 1984
e) Period of probation
Where offender is sentenced to a term of imprisonment
Where offender is sentenced to fine only
Where offender is sentenced to both imprisonment and fine
Effect of change of residence of probationer
Problems in determination of period of probation
Modification of period or conditions of probation
F. Violation of probation
a) Procedural requisites for revocation of probation
Investigation and report of violation
Arrest of probationer
Hearing on the violation
Nature and extent of right to notice and hearing on violation
b) Disposition
c) Termination of probation
Fulfilment of conditions upon expiration of period
Other causes of termination
Bala v. Judge Martinez, et. al., GR No. 67301, Jan. 29, 1990
Salgado v. CA, GR No. 89606, Aug. 30, 1990
d) Effect of discharge of probationer
III. The Comprehensive Juvenile Justice and Welfare Act
A. State Policy and Definition of Terms
a) Best interest of the child
b) Child at risk
c) Child in conflict with the law
d) Diversion
e) Intervention
f) Recognizance
g) Suspension of sentence
B. Principles in the Administration of Juvenile Justice and Welfare
a) Rights of the child in conflict with the law
b) Minimum age of criminal responsibility
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U.S. v. Villaluz, 32 Phil. 377 (Personal defense)
Estioca v. People, GR No. 173876 (Retroactivity)
People v. Cortezano, GR No. 123140, Sept. 23, 2003 (Discernment)
Llave v. People, GR No. 116040, April 26, 2006 (Discernment)
Jose v. People, GR No. 162052, Jan. 13, 2005 (On offenses)
Ortega v. People, GR No. 151085, Aug. 20, 2008 (Civil liability)
c) Determination of age
Sierra v. People, GR No. 182941, July 3, 2009 (Presumption of minority)
C. Treatment of Children Below the Age of Criminal Responsibility
a) Intervention program
b) Involuntary commitment
D. Initial Contact with the Child
a) Procedure for taking the child into custody
b) Duties during initial investigation
E. Diversion
a) System of diversion
b) Stages where diversion may be conducted
c) Conferencing, mediation and conciliation
d) Contract of diversion
e) Duty of punong barangay
f) Duty of the law enforcement officer
g) Diversion programs
F. Prosecution of CICL
a) Preliminary investigation and filing of information
b) Bail, release on recognizance
c) Diversion measures
d) Automatic suspension of sentence
People v. Sarcia, GR No. 169641, Sept. 10, 2009 (Disqualification)
Declarador v. Gubaton, GR No. 159208, Aug. 18, 2006 (Other view)
e) Discharge of the child in conflict with the law
f) Return of the child in conflict with the law
g) Credit in service of sentence
h) Probation as alternative to imprisonment
Padua v. People, GR No. 168546, July 23, 2008 (DQ on Drug related
crimes)
G. Confidentiality of records and proceedings
IV. Katarungang Pambarangay
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A. Historical bases
a) Legal bases
b) Role of the barangay
c) Nature of the Katarungang Pambarangay
DOJ Opinion No. 100 s. 1979
Gonzales v. Court of Appeals, 151 SCRA 289
d) Object of the Katarungang Pambarangay
Pang-et v. Manacres-Dao, GR No. 167261, March 2, 2007
B. The Revised Katarungang Pambarangay Law (RA No. 7160, Sec. 399-422)
a) Lupong tagapamayapa
Escarda v. Manalo, GR No. 180906, Oct. 7, 2008
People v. Sion, 277 SCRA 127
b) Pangkat ng tagapagkasundo
c) Subject matter of amicable settlement
Morata v. Go, 125 SCRA 444
Maglalang v. Court of Appeals, 175 SCRA 808
d) Purpose of barangay conciliation
Bejer v. Court of Appeals, 169 SCRA 566
Garces v. Court of Appeals, 162 SCRA 504
Quiros, v. Arjona, 425 SCRA57
e) Venue
Domingo v. Rosero, 173 SCRA 135
Peregrina v. Panis, 133 SCRA 72
Garces v. Court of Appeals, 162 SCRA 504
Gegare v. Court of Appleals, 177 SCRA 471
f) Procedure for amicable settlement
Ramos v. Court of Appeals, 174 SCRA 690
Alinsugay v. Cagampang, Jr., 143 SCRA 146
Harold v. Aliba, GR No. 130860, Oct. 2, 2007
g) Conciliation
Junson v. Martinez, 405 SCRA 390
Garces v. Court of Appeals,162 SCRA 504
Millare v. Hernando 151 SCRA 484
San Miguel Village School v. Pundogar, 173 SCRA 704
Felizardo v. Court of Appeals, 233 SCRA 220
h) Arbitration
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Ledesma v. Court of Appeals, 211 SCRA 753
Magno v. Veloso-Jacoba, 745 SCRA 584
i) Amicable settlement and arbitration award
Quiros v. Arjona, 425 SCRA 57
Galuba v. Laureta, 157 SCRA627
Chavez v. Court of Appeals, 453 SCRA 843
j) Execution and repudiation
Chavez v. Court of Appeals, 453 SCRA 843
Vidal v. Escueta, 417 SCRA 617
Solway v. Pascasio, et. al. AM No. P-072327, July 12, 2007
Prepared by:
Atty. Jonathan R. Budaden
Instructor
Noted:
Atty. Marie Joy Salgado-Payumo
Dean, College of Law
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