Introduction of the Restorative Justice System in the Philippines

PROPOSITION: Introduction of the Restorative Justice System in the Philippines
Restorative justice argues that crimes harm people and destroy relationships. Given this, it is therefore imperative that justice should work to heal the harm caused. Furthermore, healing will only be achieved after the offender, the victim (if still living) or his family (should the victim be dead as a consequence of the crime), and all the stakeholders involved will come into terms with each other (Watchel,110-142).
Retributive justice, which finds its roots from the Code of Hammurabi, has been the long-standing justice system in the country. This system of justice is very well pronounced in the infamous “an eye for an eye, a tooth for a tooth” policy. The same considers the punishment for the crime done as permissible for as long as it is proportionate to the offense committed. According to this paradigm, reparation is not enough for most victims, as they would want the offender to be punished and to suffer in the same way that they did (Barton,16-23).
For a period of time, such paradigm has been made premise in the way justice is served in the country. The ratio behind such state adherence is the government has an obligation to keep its citizens safe from any form of harm or curtailment of any right. To keep the citizenry safe, the government has to devise strict measures against all acts contrary to free exercise of rights (Watchel,110-142).
Fairly recently, issues criticizing the effectiveness of such justice system emerged. Arguments raised center around the proprietary nature of such paradigm. Proponents of this new legal paradigm argue that crimes, no matter how atrocious they are committed, are never devoid of humanity.
Corollary to this, the offender, notwithstanding the illegal acts committed, has still greater chances to reform and to make amends for his acts. The latter argument is premised on the Social and Moral Development theory which argues that most offenders experienced deficiencies in their moral formative years and that the said deficiencies will only be remedied by providing them with ethically formative experiences, which can only be afforded by rehabilitative measures, not by punitive ones.
My role, through this position paper, is to identify each phase of the restorative process and critically evaluate the practicability and feasibility of the same vis-à-vis the Philippine setting. The theories that are used in this study shall be centered on a 16-year-old boy who has subjected into the state rehabilitation program after having been arrested for illegal possession of shabu. This study will be detailing each phase of the proposed justice system and will be providing the appropriate theoretical framework to answer the main question – is restorative justice practicable, necessary, and beneficial in this day and age?
Background of the Subject of the Case
The youth offender made subject of this study is a 16 year old male who has been arrested for illegal possession of shabu during a joint buy-bust operation conducted by the Davao City Police Office (DCPO), Criminal Investigation and Detection Group (CIDG), Sta. Ana Police Station, City Public Safety Company (CPSC), and Philippine Drug Enforce...