You are on page 1of 61

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Sur

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL CLJ 131- CRIMINAL LAW (BOOK 1) DANIEL DONATO, MA Crim

MODULE 1, Lesson 1- Significance of the study QUESTION 1: In what cases are the provision of the Revised Penal Code applicable even if the felony is committed outside of the Philippines? The provision of the Revised Penal Code shall be enforced not only within the Philippine archipelago, but also outside of its jurisdiction. They are applicable in the following cases: 1. When the offender should commit an offense while on a Philippine ship or airship, while the same is outside of the Philippine territory or beyond three (3) miles from the seashore can be tried before our civil courts for violation of the Penal Code. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the government. When the offender, while being a public officer or employee should commit an offense in the exercise of his functions. When the offender should commit any of the crimes against the National Security and the Law of the Nations.

ANSWER:

3. 4. QUESTION 2:

Do the Philippines court have jurisdiction over the crime of homicide committed on board a foreign vessel by a member of the crew against another? It may not be easy at all times to determine to which of the two jurisdictions a particular act or disorder belongs. These depends on the attending circumstances of the particular case, but all must concede that felonies such as homicide is a subject for the local jurisdiction, and if the proper authorities are proceeding with the case in the regular manner, the consul has no right to interfere or prevent it.

ANSWER:

MODULE 1, Lesson 3- Felonies which Affects Criminal Liability QUESTION 1: ANSWER: What is the meaning of ACT as used in the definition of FELONIES?

ACT- is referred to as any bodily movement fending to produce


some effect in the external world, it being necessary that the same be actually produced, as the possibility of it is sufficient; BUT, the act must be one which is defined by the Revised Penal Code constituting a Felony; OR, an overt act which has direct connection with the felony intended to be committed.

QUESTON 2: ANSWER:

What is the definition of OMISSION as used in the definition felony?

OMMISSION- is meant INACTION, the failure to perform a


positive duty which one is bound to do. There must be law requiring the doing or performance of an act. Example, Anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded or in danger of dying is liable for abandonment of persons in danger (Art. 275, par.1).

MODULE 1 Post Test QUESTION 1: What is the composition of the committee created under Administrative Order Number 94 of the Department of Justice dated October 18, 1927? This code is called Revised Penal Code because the committee which was created by Administrative Order Number 94 of the Department of Justice dated October 18, 1927 composed of Anacleto Diaz, QuintinParedes, Guillermo Guevara, Alex Reyes and Mariano de Jaya was instructed to revise the old Penal Code. Give the two sources of criminal law. 1. The Revised Penal Code (RPC) and its amendments. 2. Special Laws which are penal in nature. QUESTION 3: ANSWER: What are the three main characteristics of criminal law? 1. General 2. Territorial, and 3. Prospective QUESTION 4: What are the Elements of Felonies in General?

ANSWER:

QUESTION 2: ANSWER:

ANSWER:

1. that there must be an act or omission; 2. That the act or omission must be punishable by the Revised Penal Code; 3. That the act is performed or the omission incurred by means of dolo or culpa.

QUESTION 5: ANSWER:

Enumerate the Requirements of Impossible Crime. a. That the act performed would be an offense against person or property. b. That the act was done with evil intent c. That its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual. d. That the act performed should not constitute a violation of another provision of the Revised Penal Code.

DL CLJ 131- CRIMINAL LAW (BOOK 1) MODULE 2, lesson 1- Justifying Circumstances QUESTION 1: ANSWER: Will any reasonable man say that A is more criminal than he would have been if there had been bullet in the pistol? What is your idea? When B shows imminent danger, attacking and assaulting A rushing rapidly towards him to cause an injury, it is clear that B put danger or there be an unlawful aggression to Aand if the appearance of bullet in the pistol is present. We proved that the state cannot protect all the citizens of the country therefore A is exempted from criminal liability for using self-defense by counter striking B. Who are deemed considered by law as strangers? Any person not included in the enumeration of relatives mentioned in our study of Defense of Relatives is considered stranger for the purpose of our present discussion. Hence, even a close friend or distant relative is a stranger.

QUESTION 2: ANSWER:

MODULE 2, Lesson 2- Exempting circumstance QUESTION: ANSWER: How much evidence is necessary to overthrow the presumption of sanity? In order to ascertain a persons mental condition at the time of the ACT, it is permissible to receive evidence of the condition of his

mind during a reasonable period both BEFORE and AFTER that time. When the person was insane at the time of the commission of the crime, he is exempt from criminal liability. When he was SANE at the time of the commission of the crime but became INSANE at the time of the TRIAL he is liable criminally.

MODULE 2, Lesson 3- Mitigating Circumstance QUESTION 1: ANSWER: In what provision shall an offender who is under sixteen years old do not entirely excuse him from criminal liability? That the minor must be tried in accordance with the provision of article 80 Article 80 provides that if a minor of either sex, under 16 years of age, is found guilty of grave or less grave offense, after trial, the imposition of the sentence shall be suspended and he/she shall be committed to the custody of a charitable institution or care of a responsible person until it reaches the age of the majority or for such less period as the court may deem proper That after the trial the minor found guilty will be committed to a reformatory institution That the minor became incorrigible while in the reformatory institution or while in the custody of a responsible person or in case he should be found incorrigible or his continuous stay in such institution should be inadvisable, he shall be returned to the court that the same may render the judgment corresponding to the crime committed by him. QUESTION 2: ANSWER: What is PROVOCATION? Provocation is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating another.

MODULE 2, Lesson 5- Alternative Circumstance QUESTION 1: ANSWER: Why is relationship is always aggravating in crimes against chastity even if the offended party in a relative of the offender? In crimes against chastity, relationship is always aggravating because of the nature, and effect of the crime committed. It is not shocking to our moral senses we hear a father committed, for instance, a crime of slight physical injury against his daughter, BUT it is certainly shocking when we hear that a father raped the person of his own daughter, When is intoxication considered mitigating when it is not subsequent to the plan to commit crime?

QUESTON 2:

ANSWER:

The intoxication of the offender is a mitigating circumstance when he commits a felony in a state of intoxication. If the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

MODULE 2 Post Test Define the following: QUESTION 1: ANSWER: a. What is the first requisite of Self Defense? The first requisite of self-defense is that there be an unlawful aggression on the part of the person injured or killed by the accused. b. When does intoxication becomes a mitigating circumstances? The alternative circumstances of intoxicationshall be taken into consideration as a mitigating circumstance when the offender has committed a felony in the state of intoxication.

QUESTION 2: ANSWER:

DL CLJ 131- CRIMINAL LAW (BOOK 1) MODULE 3, Lesson 1- Persons Criminally Liable for Felonies QUESTION: ANSWER: Who are criminally liable? Principals, Accomplices, and Accessories

MODULE 3, Lesson 3- Accomplices QUESTION: Wounds inflicted by an accomplice in crimes against person SHOULD NOT HAVE CAUSED THE DEATH OF THE VICTIM. If he inflicted a mortal wound, he becomes a principal by DIRECT PARTICIPATION. What do I mean by this statement? Meaning, If Mr. X cut the deceased on the neck with a bolo and afterwards Mr. T likewise gave the deceased another blow to the neck using bolo, both wounds inflicted being mortal, even if only Mr. X originated the intention to assault the deceased while Mr. T did no more than to assist the action of the initiator (Mr. X) of the crime, the two must be considered as co- principal and therefore both are responsible for the crime perpetrated

ANSWER:

MODULE 3 Post Test Article 16 of the Revised Penal Code identified the following as criminality liable for grave and less grave felonies. QUESTION 1: ANSWER: Who are these criminality liable? Principal, Accomplices, and Accessories

There are two ways of directly forcing a person to commit a crime. QUESTION 2: ANSWER: What are they? 1.using irresistible force 2.causing uncontrollable fear QUESTION 3: ANSWER: What are the requisites to concur in order that a person may be considered an accomplice? a.) That there be community of design; that is knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; b.) That he cooperates in the execution of the offense by previous or simultaneous acts with the intension of supplying material or moral aid in the execution of the crimein an efficacious way; and c.) That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice.

DL CLJ 131- CRIMINAL LAW (BOOK 1) MODULE 4, Lesson 1-Penalties in General Article 24 is all about Measures of prevention or Safety which are not considered Penalties. The following shall not be considered penalties: a. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or illness requiring their confinement in a hospital; The commitment of minors to any of the institutions n Article 80 (suspension of sentence minors); Suspension from employment or public office during the trial or in order to institute proceedings;

b. c.

d.

Fines and other corrective measures which in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinate; Deprivation of rights and the reparations which the civil law may establish in penal order form. Why are they not considered penalties? They are not PENALTIES, because, they are not imposed as a result of judicial proceedings. Those mentioned measures are just preventive means or steps before conviction of offenders.

e. QUESTION: ANSWER:

MODULE 4, Lesson 2- Duration and Effects of Penalties QUESTION: ANSWER: Can a Pardon be granted upon a convict undergoing life imprisonment after serving thirty (30) years? NO, because Article 30 is silent as to the maximum duration of perpetual disqualification and Article 36 expressly provides that a pardon shall not work the restoration of the right to hold public office or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.

MODULE 4, Lesson 3- Application of Penalties QUESTION 1: ANSWER: What is the justification for Death Penalty? Society must protect itself against a dangerous criminal by taking his life in RETRIBUTION for his offense and serve as solid example and warning to others. In this day of rampant criminality, it should have a salutary effect upon the criminal mind to know that the courts do not shirk their disagreeable duty to impose the death penalty in cases where the law so requires. QUESTION 2: ANSWER: In what crimes is Death Penalty Imposed? The following crimes committed by an offender are punishable by death: a. b. c. d. e. act of treason certain acts of espionage qualified piracy certain violation of Anti Subversion Act serious acts of kidnapping

f. g. h. i.

robbery with homicide rape with homicide when death resulted from arson and other crimes involving destruction associated with malice.

MODULE 4 Post Test Define Penalty. ANSWER: Some pain or punishment warranted by law, inflicted on a person for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court.

Distinguish pardon by the president from pardon by the offended party. ANSWER: Pardon by the President extinguishes the criminal liability of the offender; such is not the case when the pardon is given by the offended party. Pardon by the Chief Executive cannot include civil liability which the offender must pay; but the offended party can waive the civil liability which the offender must pay. In cases where the law allows pardon by the offended party, the pardon should be given before the institution of criminal prosecution and must be extended to both offenders; whereas, Pardon by the Chief Executive is granted only after conviction.

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Sur

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL CRIM. 121- Personal Identification DANIEL DONATO, MA Crim

MODULE 1, Lesson 1- Historical Background QUESTION: ANSWER: Why does Photograph have lesser value as method of Identification? Photographs also have been heavily relied on, but objectives were raised as to its reliability and accuracy such as the angle at which the photograph was taken, changes due to age, condition of health, lack of dimension and lack of color, this lends to become less accurate and less reliable as method of Identification.

Define Anthropometry ANSWER: This system involved the measurement of certain body parts of the human body.

Define Portrait Parle ANSWER: Self- Test Lets see how well you have understood the lesson by answering the following questions. QUESTION 1: ANSWER: Is identification of people by photographs entirely reliable? Photographs also have been heavily relied on, but objectives were raised as to its reliability and accuracy such as the angle at which the photograph was taken, changes due to age, condition of health, lack of dimension and lack of color, this lends to become less accurate and less reliable as method of Identification. Why did Herschel use hand prints in India 100 years ago? In the district of Bengal, India, Sir William Herschel a prison administrator was confronted with numerous problems among the native in mates. Herschel started the practice of a method of describing people verbally.

QUESTION 2: ANSWER:

recording the handprint of the natives of prevent impersonation, this was made in 1877. QUESTION 3: ANSWER: Why is the fingerprint system you are beginning to study called Henry method? It is called Henry system because it was devised and perfected by Sir Henry.

Bertillon system is the taking off as presented by Alphonse Bertillon in1883. ANSWER: In 1882, at Paris France, Alphonse Bertillon presented a new system of identification called Anthropometry. This system involved the measurement of certain body parts of the human body. In addition to physical measurements of the human body, Bertillon devised and included in his elaborate identification system a method of describing people verbally. This descriptive method is known as Portrait Parle which means word picture. Why was fingerprint system better than the Bertillon system? Fingerprint system is better than the Bertillon system of anthropometry because fingerprint system is much reliable than Bertillon system which was devised and perfected by Sir Henry.

QUESTION 4: ANSWER:

MODULE 1, Lesson 3- Friction Ridges QUESTION: ANSWER: Why does nature provide us with these ridges, of what use are they? Nature has taken this way of providing the hands and feet with non-skidding surfaces. These surface RESIST SLIPPING. This is termed FRICTION SKIN. If skin were smooth skidding would results. Moreover, if the skin of the hand and feet were not ridge, we could not maintain a firm grasp.

MODULE 1, Lesson 5- Ridges Destruction Self- Test The examination on this lesson is made up of ten written questions. Do the following self-evaluation to see how much you remember. QUESTION 1: ANSWER: When do friction ridge begins to take form on human being? friction ridge begins to take form on new born baby, take the prints of the fingers of a young child, say four or five months old, you would find patterns in such print.

QUESTION 2: ANSWER:

Do the back part of lines in the fingerprint represent the ridge or furrows?

Furrows are depression or spaces between the friction ridge.

Does a permanent scar show in a fingerprint ANSWER: Possibly one or two of those cuts left permanent scar but none of the numerous minor cuts which your finger may suffered have resulted in formation of permanent scars. Damage to the epidermis alone does not result in permanent ridge destruction. Permanent destruction relies on penetration to the dermis. Name several Occupational habits that cause temporary ridge destruction. ANSWER: Occupational habit and continual use of soap and water causes temporary ridge destruction and this is noticeable among women who do much heavy housework. What are the two main layers of the skin? outer layer or epidermis and inner layer or dermis Why does nature provide us friction ridge? Nature has taken this way of providing the hands and feet with non-skidding surfaces. These surface RESIST SLIPPING. This is termed FRICTION SKIN. On what part of the bodycan friction ridge can be found? Friction ridge can be found on the fingers skin. What is friction ridge? Friction ridge are the raised strips of skin on the inside of the end joint of the fingers and thumbs by which fingerprint are made. They form definite pattern which are given names and which are subject to classification. Other name for friction ridges are papillary ridges of epidermal ridges.

QUESTION 3: ANSWER: QUESTION 4: ANSWER:

QUESTION 5: ANSWER: QUESTION 6: ANSWER:

Name some animals that have friction ridge too. ANSWER: QUESTION 7: ANSWER: monkey, chimpanzee, and baboon How long after death does the friction ridge remain? Pattern of fingers of new-born baby are to be found the same on the fingers of the individual in old age, and they will remain the same even after death.

DL CRIM. 121- Personal Identification MODULE 2, Lesson 2-Recurving and Converging Ridges QUESTION: ANSWER: What is recurving ridge as compared to converging ridge? Converging ridges are POINTED and AGULAR, while the Recurving ridge are looping ridges, rounded and with gradual curves. MODULE 2 Self-Test In this Lesson, there are five written questions having corresponding points. Answer the given sets of questions to see how far you have learned the lesson. QUESTION 1: ANSWER: Can the delta ever be located exactly on one of the typelines?

Deltaand other ridges pertaining to a particular pattern


type, it is the area inside the typeline and the only part of a fingerprint with which we are concerned in pattern interpretation.

DELTA is a point on a first ridge formation at or directly in


front of the divergence of the type line. QUESTION 2: ANSWER: QUESTION 3: ANSWER: What do we call a part of the finger print pattern that is inside the type line? DELTA What are diverging ridges? Diverging ridges are merely two ridges running side by side and suddenly separating, one going one way and the other going another way. They run parallel and suddenly separate. How do recurving ridge and converging ridge differ? Recurving ridge are looping ridges, rounded and with gradual curves, and in combination with CORES and DELTAS, while the Converging ridges are angular, pointed and abrupt. Supposed five rods inside the envelope of a loop all rise as high as the shoulder of the loop. Where would the core located? The pattern area - we must seek the core somewhere in the center or as near the center as possible. Core in loops are formed in a variety of ways but they are always found earlier on or within the innermost looping or recurving ridge.

QUESTION 4: ANSWER:

QUESTION 5:

ANSWER:

DL CRIM. 121- Personal Identification MODULE 3, Lesson 2- Loop Patterns Assignment QUESTION 1: ANSWER: What four requirements must a pattern have to be interpreted as a loop? 1.1. 1.2. 1.3. 1.4. QUESTION 2: ANSWER: it must have a core it must have a delta it must have a recurving ride that passes between the core and delta it must have a ridge count of at least one.

What is a radial loop? A loop is Radial (R) when the open end of the loop ridges points in the direction of the thumb side of either left or right hand. Have four requirements must a pattern have to be interpreted as a loop. What is an ulnar loop? A loop is Ulnar (U) when the open end of the loop ridges points in the direction of the little fingerside of either the right or left hand. Have four requirements must a pattern have to be interpreted as a loop. What is the most common type of the fingerprint pattern as discovered technicians of fingerprint? ARCHES, LOOPS AND WHORLS. What is the symbol of ULNAR loop in right hand prints? \symbol right hand prints ULNAR loop What is the symbol of RADIAL loop in right hand prints? /symbol right hand prints RADIAL loop What is the symbol of ULNAR loop in left hand prints? /symbol left hand prints ULNAR loop What is the symbol of RADIAL loop in left hand prints? \symbolleft hand prints RADIAL loop What bone which runs to the wrist on the side where the thumb is located?

QUESTION 3: ANSWER:

QUESTION 4: ANSWER: QUESTION 5: ANSWER: QUESTION 6: ANSWER: QUESTION 7: ANSWER: QUESTION 8: ANSWER: QUESTION 9: ANSWER:

Radius bone

QUESTION 10: ANSWER:

What does R and U stand for? R stands for RADIAL and U stands for ULNAR, both are loop.

MODULE 3, Lesson 3- Plain Whorl Assignment QUESTION 1: ANSWER: QUESTION 2: ANSWER: QUESTION 3: ANSWER: QUESTION 4: ANSWER: What are the four fundamental variation of the whorl type?

Plain Whorl, Central Pocket Whorl, Double Whorl and Accidental Whorl.
A pattern in which there are two deltas and in which one ridge makes a turn through one complete circuit?

Plain Whorl
A pattern which configurates like a Bulls eye, series of circles or ovals?

Plain Whorl
Is a variation of the whorl family?

Central Pocket Whorl

MODULE 3, Lesson 6- Accidental Whorl Self-Test Identify the following patterns 1. Plain Whorl 2. Plain Whorl 3. Double Loop Whorl 4. Accidental Whorl 5. Central Pocket Loop Whorl 6. Central Pocket Loop Whorl 7. Accidental Whorl

MODULE 3, Lesson 7- Arch and Tented Arch Patterns Self-Test Identify the following patterns 1. Tented Arches 2. Central Pocket Loop Whorl 3. Central Pocket Loop Whorl 4. Accidental Whorl 5. Double Loop Whorl

6. 7. 8. 9.

Central Pocket Loop Whorl Accidental Whorl Double Loop Whorl Central Pocket Loop Whorl DL CRIM. 121- Personal Identification

MODULE 4, Lesson-2 Ridge Counting Self-Test There are six slightly enlarge loop patterns, lettered from A to F. Perform ridge count on the corresponding loop patterns. After YOU have counted all six patterns, write the corresponding ridge count below the figure. Figure A Figure B Figure C Figure D Figure E Figure F 11 17 8 9 7 14

MODULE 4, Lesson-3 Ridge Tracing Self-Test (A) There are six (6) whorl type patterns lettered from A to F. Right beside the pattern, write the corresponding ridge trace of the following patterns symbols I, M or O. Figure A M Figure B M Figure C I Figure D O Figure E M Figure F M

Self-Test (B) There are 10 sets of questions for you to answer in order to determine how well you have read the lessons. QUESTION 1: ANSWER: In ridge counting, are incipient ridges included in the ridge count? No, Incipient ridges are never counted

QUESTION 2: ANSWER: QUESTION 3: ANSWER: QUESTION 4: ANSWER: QUESTION 5: ANSWER:

On the index finger, a loop count is more than 10 ridge count O On the middle finger, a loop pattern is called OUTER loop when the ridge count is 9 or less. No, 11 or more loop counts. In ridge Tracing, if the ridge Traced should bifurcate, follow the lower bifurcating ridge until you reach the right delta. Yes In accidental whorl having more than 2 deltas, how is ridge tracing accomplished? When a pattern shows more than two (2) deltas, the ridges is traced from the delta on the EXTREME LEFT to the delta on the EXTREME RIGHT. When is Whorl inner? Tracing from the left to the right delta passes inside the right delta with three of more ridges intervening between the Traced ridge and the right delta. When is Whorl a Meet? Tracing from the left delta towards the right exactly meets the right delta or passes inside or outside the right delta with not more than two ridges intervening between them. When is Whorl and Outer? Traced ridge passes outside the right delta with not less than three ridges intervening between the traced ridge and the right delta. Name 2 subdivision of loop pattern. 1. Inner I 2. Outer O

QUESTION 6: ANSWER:

QUESTION 7: ANSWER:

QUESTION 8: ANSWER: QUESTION 9: ANSWER:

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Su

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL CRIM. 141- Legal Medicine RUBEN RAGUNJAN, MPA-PA

MODULE 1, Lesson 1- General Considerations EXERCISE 1. Write down the difference between Civil Law and that of Criminal Law. ANSWER:

Civil Lawis a man of precepts that determines or regulates the


relations of assistance, authority and obedience between members of the family, and those that exist between members of a society for the protection of private interest, while the Criminal Lawis that branch or division of law, which defines crime, threat of their nature, and provides for their punishment.

EXERCISE 2. Give the differences between a Medico- Legal Officer, MedicalExaminer, and a Coroner as to their qualifications and duties. ANSWER: MEDICO- LEGAL SYSTEM QUALIFICATIONS Medico- Legal Officer - One must be a physician duly qualified to practice medicine in the Philippines. To qualify someone as an expert witness, one must have sufficient experience and training in all branches of medico-legal work. Medical Examiner - One must have received the degree of M.D. from an approved institution of recognized standing. - must be skilled pathologist, learned in the field of legal medicine both with regards to the literature and the present state of science. - Must have connection with pathological DUTIES - Investigates deaths, upon request, expressed or implied, from competent authorities. - A person who has primarily the power to investigate, has also the right to request for medical investigation. - investigates the circumstances of death and if necessary performs the necessary autopsy. - One who is supposed to write a report of his findings. - has the right to subpoena witnesses and hold hearing concerning any matter within the

Coroner

laboratory for at least 10 years. - Must possess theoretical and practical knowledge of bacteriology and toxicology - Must have experience in preparing and presenting evidences in court. - Must be a barrister, a solicitor or a legally qualified medical practitioner for not less than five years.

jurisdiction of the office.

- Clothed with investigative and judicial function. - The investigating officer of every death, violent in nature. - He is notified of such death by the local police, parish officer, registrar of death or any private individual. - Also apprehends those who are charged with murder and assures their attendance in court.

EXERCISE 3-A. List down below the four (4) forms of Medical Evidence: ANSWER: 1. Real or Autoptic Evidence 2. Testimonial Evidence 3. Experimental Evidence 4. Documentary Evidence EXERCISE 3-B. What are the symptoms of emotional tensions? ANSWER: 1. Sweating 2. Color Change 3. Dry Mouth 4. Clenching of Hands 5. Elbows (Close Watch to Elbow) 6. Heartbeat and Pulse 7. Excessive Breathing 8. Fidgeting General Nervous System MODULE 1, Lesson 2- Medico- Legal Aspect of Identification EXERCISE 1. List down below the characteristics of a person, which may not easily be changed: ANSWER: 1. Mental Memory- recollection of places, remembering namesand faces of persons. 2. Speech- the way the person talks. 3. Gait- manner of walking

4. 5. 6. 7. 8. 9. 10.

Mannerisms- movements of the body peculiar to a person. Hands and Feet- size, shape and abnormalities. Complexion- color of the skin. Changes in the Eyes- maybe near or far sighted, or color blind. Facies- different kinds of facial expressions. Left or Right handedness- unconscious hand to determine left or right
handed.

Degree of Nutrition- this point may for a time change by fasting or


refraining food that will yield fat.

MODULE 1 Post Test EXERCISE 1. Give the meaning of the following words: ANSWER: 1. Legal Medicine- branch of medicine, which deals with the application of Medical knowledge to the purpose of the application of law and justice. It is the application of the basic and clinical, medical and paramedical sciences to elucidate legal matters. 2. Law- is a rule of conduct, just obligatory, laid by legitimate power for common observance and benefit. 3. Legal- it pertains to law, arising out of by virtue of or included in law. It also refers to anything comfortable to the letters or rules of law as it is administered by the court. 4. Jurisprudence- a practical science which investigates the nature, origin, development and functions of law. It is a science of giving wise interpretation of the law and making just application of them to all cases as they arise. 5. Medicine- a science and art dealing, with prevention, cure and alleviation of diseases. Art of restoring and preserving health. EXERCISE 2. Discussion or Essay 1. Differentiate Criminal Law and Law ANSWER:

Criminal Lawis that branch or division of law, which defines


crime, threat of their nature, and provides for their punishment, while the Lawis a rule of conduct, just obligatory, laid by legitimate power for common observance and benefit.

2. Differentiate Medico- Legal Officer and Medical Examiner ANSWER:

Medico- Legal Officer one must be a physician duly qualified to


practice medicine in the Philippines. To qualify someone as an expert witness, one must have sufficient experience and training in all branches of medico-legal work, while the Medical

Examinerone must have received the degree of M.D. from an


approved institution of recognized standing, must be skilled pathologist, learned in the field of legal medicine both with regards to the literature and the present state of science,must have connection with pathological laboratory for at least 10 years, must possess theoretical and practical knowledge of bacteriology and toxicology Must have experience in preparing and presenting evidences in court. EXERCISE 3. Situational 1. When does a dead body (corpse) be subjected for autopsy and why? ANSWER: Although the history and external findings may show that death is due to natural cause, a complete autopsy must be made to determine exactly the cause of death and exclude the possibility of violent cause.

2. At what instance wherein criminal liability and civil liability be totally extinguish? ANSWER: Criminal Liability and Civil Liability of a person be totally extinguished by death.

EXERCISE 4. TRUE or FALSE. Write true on the blanks provided if the statement is correct and false if it is incorrect. ANSWER: TRUE1.) Murder is the intentional killing of a person. FALSE2.) The killing of a child more than 3 days old is infanticide. TRUE 3.) A person in the armed forces who has taken part in war and has been missing for 4 years is presumed dead. FALSE 4.) Violent or doubtful deaths needed not to be investigate. TRUE 5.) A person not heard for seven (7) years is considered dead or this is a disputable presumption.

DL CRIM. 141- Legal Medicine MODULE 2, Lesson 1- Medico- Legal Aspects of Physical Injury EXERCISE 1. SET A a. List down the causes of physical injuries ANSWER: 1. Physical violence 2. Head or cold 3. Electrical energy 4. Chemical energy 5. Radiation or radio-active substance 6. Change in the atmosphere pressure

b. Classification ANSWER: 7. 8. 9. 10 11.

of wounds As to Severity As to the kinds of instruments used As to the manners of infliction As regard to the depth of the wounds As regard the relation of the site of the application of force and location of injury

SET B A. Differentiate a Mortal Wound than that of a Non-mortal Wound. ANSWER:

Mortal Wounds are wounds immediately after infliction or shortly followed by death, while the Non- Mortal Wounds there are
wounds by themselves are not capable of producing immediately after infliction or shortly afterward.

EXERCISE 2. Test I a. What are the three parts of the body which are the concentration of wounds examination. ANSWER: 1. Head 2. Upper body 3. Lower body b. What are the points of determination of wounds inflicted during life or after death. ANSWER: 4. Hemorrhage 5. Signs of Inflammation 6. Signs of Repair Test II 1. Differentiate an Anti-Mortem wound from that of Post mortem wound. ANSWER: Ante - Mortem Wound Hemorrhage more or less copious and generally arterial Marks of spouting of blood from arteries Clotted blood Deep staining of the edges and cellular tissues, which is not removed from washing The edges gape owing to the reaction of the skin and muscle fibers Inflammation and reparative process Post Mortem Wound Hemorrhage slight or move at all and always venous No spouting of blood Blood is not clotted, if at all, it is a soft clot The edges and cellular tissues are not deeply stained. The staining can be removed by washing The edges do not gape, both are closely approximated to each other, unless the wound is caused within one or two hours after death No inflammation or reparative process

MODULE 2, Lesson 2- Medico- Legal Aspect of Sexual Crimes Virginity and Defloration EXERCISE 1. Write your answer to the following questions: 1. Differentiate moral virginity than that of a physical virginity. ANSWER: Moral Virginity is the state of not knowing the nature of sexual life and have not experienced sexual relation. Applies to children below the age of puberty and whose sex organ and secondary sex characters are not yet developed, while the Physical Virginity a condition whereby a woman is conscious of the nature of the sexual life but have not yet experienced sexual intercourse. The term applies to women who have reached sexual maturity but have not yet experience sexual intercourse. Differentiate true physical virginity with false physical virginity.

2. ANSWER:

True Physical Virginity a condition wherein the hymen is intact


with edges distinct and regular and with the opening small, barely admitting the tip of the smallest finger of the examiner, even if the tights are separated, while the False Physical Virginitya condition wherein the hymen is unruptured but the orifice is elastic and permitting two or more fingers of the examiner with less degree of resistance. The hymen is lax and distensible and may have previous sexual relations.

3. ANSWER: 4. ANSWER:

Enumerate the points to be considered in the determination of the condition of virginity. Breasts, vaginal Canal, Labia Major and Minora, Fourchette and perinium, and Hymen. What are the ten (10) other causes of laceration of the hymen. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Passage of clotted blood during menstruation Ulceration due to disease, like diphtheria Jumping or running Falling on hard or sharp objects Medical menstruation Local application or medication Self scratching due to irritation Masturbation Insertion of foreign bodies Previous operation

5. ANSWER:

What are the instances in the commission of crime or rape. a. b. By using force intimidation; when the woman is deprived of reason or otherwise unconscious, and

c.

when the woman is under twelve (12) years of age even though neither of the circumstances mentioned in the two next preceding paragraph shall be present.

Module 2 Post Test Test I Enumeration

Causes of physical injuries ANSWER: 1. Physical violence 2. Head or cold 3. Electrical energy 4. Chemical energy 5. Radiation or radio-active substance 6. Change in the atmosphere pressure Classification of wounds ANSWER: 7. As to Severity 8. As to the kinds of instruments used 9. As to the manners of infliction 10 As regard to the depth of the wounds 11. As regard the relation of the site of the application of force and location of injury Legal classification of wounds ANSWER: 12. Mutilation 13. Serious Physical Injury 14. Administering Injuries substances of Beverages 15. Less Physical Injury 16. Slight Physical Injury and Maltreatment Examinations applicable to the living and dead victims. ANSWER: 17. Age of the wound from the degree of healing 18. Determination of the weapon used in the commission of the offense 19. Reasons for the multiplicity of wounds in cases where there are more than one (1) wound. 20. Determination whether the injury is accidental, suicidal, or homicidal.

Test II 1. ANSWER:

Identification A condition of a female who has not experienced sexual intercourse and whose genital organs have not been altered by carnal connection.

Virginity

2. ANSWER: 3. ANSWER: 4. ANSWER: 5. ANSWER:

The state of not knowing the nature of sexual life and have not experienced sexual relation.

Moral Virginity
A thin fold mucus membrane at the external orifice of the vagina.

Hymen
A laceration that involves the whole width but not beyond the base.

Complete Laceration
The laceration that does not only involved the hymen but also the surrounding tissues.

Complicated Laceration

Test III A. ANSWER:

Essay discuss the following

Seduction
The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house-servant, domestic, guardian, teacher or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced shall be punished and guilty with the crime of seduction.

B. ANSWER:

Simple Seduction
The seduction of a woman who is single or a widow of good reputation over twelve but under eighteen years of age, committed by means of deceit.

C. ANSWER:

Rape
Rape is committed by having carnal knowledge of a woman under any of the following circumstances: a. b. c. By using force intimidation; when the woman is deprived of reason or otherwise unconscious, and when the woman is under twelve (12) years of age even though neither of the circumstances mentioned in the two next preceding paragraph shall be present.

D. ANSWER:

Acts of Lasciviousness
Lascivious acts are conducts which tend to excite lust or produce voluptuous or lewd emotion. Any lascivious act which does not amount to rape is the punishable.

E.

Concubinage

ANSWER: Any husband who shall keep a mistress in the conjugal dwelling or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place.

DL CRIM. 141- Legal Medicine MODULE 3, Lesson 1- Abortion EXERCISE 1. Give the meaning of the following words: ANSWER: A) Intentional Abortion-Any person who shall intentionally use violence to cause an abortion. B) Unintentional abortion- Any person who shall cause an abortion by violence, but unintentionally. EXERCISE 2. Write TRUE on the space before the number if the statement is correct and FALSE if the statement is incorrect. ANSWER: TRUE 1. In the legal viewpoint, abortion is the willful killing of the fetus in the uterus. FALSE 2. Abortion is committed only by a pregnant woman. FALSE 3. Application of violence, is not an element in the commission of the crime of abortion. TRUE 4. Abortion is not allowed if the life of the pregnant woman is in danger. FALSE 5. If there is any legal way of saving the life of the pregnant woman and the fetus then abortion can be considered justifiable. EXERCISE 3. Enumeration What are the ways of committing intentional abortion. ANSWER: 1. By the application of violence on the pregnant woman. 2. By acting, but without use of violence, without the consent of the pregnant woman. This applies to the administration of drugs or beverages without her consent. 3. By acting, with the consent of the pregnant woman. This applies to the administration or use of drugs or beverages with the full knowledge and consent of the pregnant woman herself. Kinds of abortion. ANSWER: 4. Spontaneous or Natural Abortion 5. Induced Abortion 6. Post-Mortem Abortion Reason why some women resort to abortion ANSWER: 7. to preserve their life and health 8. to terminate prematurely illegitimate pregnancy in order to conceal their dishonor.

9. 10.

financial difficulty. Additional member means an added expense in the family. to preserve body form. Some woman do not wish to make pregnancy advance to full term for fear that their bodies might be deformed.

MODULE 3, Lesson 2- Infanticide EXERCISE 1. Give the meaning of the following words: ANSWER: a) INFANTICIDE- Is the killing of a child less than 3 days old. b) ABANDONMENT- Abandoning a child under seven (7) years of age, parents who shall neglect their children by not giving them the education which their situation in life require, financial condition permit. EXERCISE 2. How is the crime of infanticide perpetuated by COMMISSION ANSWER: 1. By inflicting physical injuries 2. By Suffocation 3. By strangulation MODULE 3, Lesson 3- Paternity and Filiation EXERCISE 1- A.Give the meaning of the following words. ANSWER: 1. Paternity - is the civil status of the father with respect to the child begotten by him. 2. Legitimate Children- child who is born in lawful wedlock or with a competent time afterward. 3. Legitimated Children- child born outside lawful wedlock, if the child was acknowledge by the parents to be their own, and if the parents after acknowledgement subsequently married one another, the child becomes legitimated child. 4. Natural Children- are those born outside lawful wedlock of parents who, at the time of the conception of the former; were not disqualified by any impediment to marry each other. 5. Adopted Children- the act or proceeding by which relations of paternity and filiation are recognized as legally existing between persons not so related by nature. EXERCISE 1- B. Enumeration Kinds of Children ANSWER: 1. Legitimate Children 2. Illegitimate Children Spurious Children ANSWER: 1. Adulterous children 2. Incestuous children 3. Manceres children 4. Sacrilegious children Conclusive presumption of the legitimacy of a child. ANSWER: 8. If the husband, before the marriage, knew of the pregnancy of the wife.

9. 10.

If he consented, being present, to the potting of his surname on the record of birth of the child. If he expressly or tacitly recognized the child as his own. Module 3

Test I. Write TRUE on the space before the number if the statement is correct and FALSE if it is incorrect. ANSWER: TRUE 1. The penalty of reclusion temporal is imposed or anyone who intentionally aborts with violence a pregnant woman. TRUE 2. Application of violence is an element of abortion. FALSE 3. Abortion can only be committed by the pregnant woman. FALSE 4. Abortion is the product of conception. FALSE 5. To preserved the life and health of a pregnant woman is an excuse for abortion. Test II. Essay a.) ANSWER: b.) ANSWER: c.) ANSWER: d.) ANSWER: What is meant by Infanticide? Is the killing of a child less than 3 days old. Who are considered Legitimate Children? legitimate children (proper), legitimate children, adopted children What are Legitimated Children? child born outside lawful wedlock, if the child was acknowledge by the parents to be their own, and if the parents after acknowledgement subsequently married one another, the child becomes legitimated child. Cite or give an instance where abortion is accepted

DL CRIM. 141- Legal Medicine MODULE 4, Lesson 1- Medico- Legal Aspect of Marital Union EXERCISE 1. - Enumeration a. What are the requisites of a legal marriage? ANSWER: 1. Legal capacity of the contracting parties. 2. Their consent, freely given 3. Authority of the person performing the marriage.

4. b.

Marriage license, except in the marriage of exceptional character.

Grounds for filing legal separation

1. For adultery on the part of the wife or for concubinageon the part of husband as defined in the penal code. 2. An attempt by one spouse against the life of the other. EXERCISE 2. - Differentiate adultery from concubinage. ANSWER:

ANSWER:

Adultery is committed by any married woman who shall have


sexual intercourse with a man not her husband, while Concubinageis any husband who shall keep a mistress in the conjugal dwelling, who shall have sexual intercourse, under scandalous circumstances, with a woman not his wife or shall cohabit with her in any other place.

MODULE 4, Lesson 2- Impotency and Sterility EXERCISE 1.Write TRUE on the space before the number if the statement is correct and FALSE if the statement is incorrect. ANSWER: FALSE 1. Potency is the physical incapacity of either sex to allow or grant to the other legitimate sexual gratification. TRUE 2. If impotency is proven it will overthrow the presumption of legitimacy. FALSE 3. Serious illness has something to do with impotency for both male and female FALSE 4. Impotency may not be a ground for an annulment of marriage. TRUE 5. Impotency that can be remedied is not a ground for annulment.

MODULE 4, Lesson 1- Medico- Legal Aspect of Disturbance of Mentality MODULE 4 Post Test Direction: Match Column A with Column B ANSWER A 7 1. an inviolable social institution 6 2. the loss of power of procreation 5 3. Incomplete development of the mind 4 8 9 3 10 2 1 4. Half asleep or a condition between asleep and walking 5. Mental deficiency 5. may also lead to temporary or permanent impotency 6. person liable in committing adultery 7. Absence of the normal state of mind of a person 8. Person liable in committing concubinage 9. An act committed by any married woman who shall have sexual intercourse with other man 10. The penalty imposed to concubine 6. Sterility 7. Marriage 8. Hormonal Dysfunction 9. Wife 10. Husband B Destierro Adultery Imbecile Semi somnolence

1. 2. 3. 4.

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Su

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL CLJ 133- Criminal Procedure and Court Testimony DAVID U. MUNAR, BS CRIM

MODULE 1, Lesson 2- Criminal procedure and Criminal Law Definitions and Distinctions EXERCISE 1. Enumerate and discuss the different major steps in processing a criminal case. ANSWER: Step IReport of the Crime it is where the first pillar of our criminal justice system (C.J.S) - Police enters into the picture. Step II-

Pre-arrest Investigation 1) Police officers determines


whether a crime was actually committed 2) if sufficient grounds or prima facie case exist to justify the arrest of the suspect. . . if crime is being committed in the presence of a police officer. . . an ARREST on the SPOT is made.

Step III-

The Arrest the taking the suspect into physical custody and for
investigation.

Step IV-

Booking immediately after the arrest, the suspect should be


FRISK for any weapons, contrabands or evidence . . . The suspect NAME, ALIAS, AGE, ADDRESS and the offense for which he was arrested should be noted in the police blotter or logbook.

Step V-

Post Arrest Investigation - The questioning / interrogation of


the suspect about the Crime for which he was been arrested . . . with the assistance of counsel.

Step VI-

Preliminary Investigation if after preliminary investigation . . .


There exists a provable cause to hold the arrest (accused) now . . . respondent, for trial . . . the corresponding information or complaint is filed in court . . . within the reglamentary period and recommending the amount of Bail for the accused . . . unless taking into consideration of the gravity of the offense and the strength of the evidence against the accused . . no bail is allowed by law.

Step VII-

Arraignment and PLEA accused is brought before the court


and formally informed of the charges against him and he ask to enter either a plea of guilty Accused may move for a bill of particulars or file a motion to quashthe information or complaint if there exist a legal ground.

Step VIII-

Pre- Trial upon agreement of the ACCUSED and his


COUNSE Court shall conduct pre- trial conference to consider PLEA BARGAINING, stipulantik of facts, marking of evidence for identification of the parties, waiver of objection to evidence and such other matters that will promote a fair and expeditionstril of the case.

Step IX-

Trial after the pre- trial the case is set for trial, both parties are
given at best two (2) days notice. Trial must be continues until terminated. The trial commence with the prosecution presenting evidence to prove the guilt of the accused and his civil liability Followed by that of the accused in his defense. After that parties may present REBUTTING evidence only Unless allowed by court to submit additional evidence bearing upon the main issue in the interest of justice. Upon admission of the evidence..ease is submitted for DECISION Conduct of trial may be modified in some instances as when accused admits the act or omission as charged but interposes a lawful defense.

Step X-

JUDGEMENT it may either be ACQUITTAL OR CONVICTION of


the accused If acquitted Accused is ordered released unless he is still being held for another case If he is found guilty, the judge will enter a judgment of conviction. Judgment shall be rendered within three (3) months from the date of submission of the case.

Step XI-

Appeal After a judgment of conviction, the accused may or may


not appeal.

MODULE 1, Lesson 3- Prosecution of Offenses Rule 110 EXERCISE 1. A. Fill in the blank with the correct answer ANSWER: 1. Habeas Corpus is a write to produce the body of person under detention before a court of superior jurisdiction with a view to testing the legality of the detection. 2. Complaint or information- must always be in the name of the People of the Philippines. 3. The prosecuting fiscal exercisehis sound discretion in determining those person who appear to be responsible in the commission of the crime.

4. 5. 6. 7.

Forestry officials may file complaints foroffense against forest laws. A custom authority may file complaints for violation of custom laws. The absence of an oath in a complaint is a defect of form. Complaint and information must be both in writing.

B. Distinguish complaint from information Complaint 1. a sworn statement 2.subscribed by the offended party, any peace officer or other officer charged with the enforcement of the law violated. 3.filed either in court or fiscals office to preliminary investigation of charged made.

Information 1.does not need to be sworn 2. subscribed by the fiscal

3. filed in court

MODULE 1 Post Assesment- Test I EXERCISE 1.Write your answer to the following questions ANSWER: 1. The crime of adultery and concubinage shall be prosecuted by the offended party. 2. Prosecution of all criminal actions shall be under the direction and control of the fiscal. 3. The authority for the fiscal to intervene is not exclusive in the trial of a criminal case. 4. The fiscal should discharge his duties as a servant of the law. 5. The primary duty of a public prosecutor is not to convict but to see that justice is done. Test II. A. Enumeration

Aims of the fiscal in the discharge of his duties 1. That guilt shall shall not escape

ANSWER:

2. Innocence suffers and must refrain from improper methods calculated to produce a Wrongful Conviction and must use every legitimate means to bring about a Just One.

B.

Offenses that shall not be prosecuted except upon a complaint filed by the offended party or her parents, guardian or grandparents. 1. Seduction

ANSWER:

2. 3. 4. C.

Abduction Rape Acts of lasciviousness

What courts may appeal at the Regional Trial Court 1. 2. 3. Municipal Trial Court Municipal Circuit Trial Court Metropolitan Trial Court

ANSWER:

D.

Two (2) instances wherein parties may proceed directly to the court without compliance with local Government Code of 1991 1. 2. When the accused is under detention When a person has been deprived of personal liberty calling for habeas corpus proceedings.

ANSWER:

E.

Four (4) officers authorized to conduct preliminary investigation 1. 2. 3. 4. Provisional or city fiscals and their respective assistants Judges of M.T.C and Municipal Circuit Trial Courts National and Regional State prosecutors Other officers authorized by law . . . Commissions of Election; PCGG

ANSWER:

F.

Three (3) formal requisites of a complaint or information 1. 2. 3. It must be in writing It must be in the name of the People of the Philippines It must be against all persons who appear to be responsible thereof

ANSWER:

Test III. QUESTION: ANSWER: Discuss how to file a case/ crime of adultery and concubinage. The offended party may file case of adultery or maybe concubinage they make COMPLAINT in written sworn statement charging a person for his/her criminal offense it shall be writing in the name of the People of the Philippines and it should file either in court or fiscals office for preliminary investigation of charged made, and it accomplished by the affidavits of the complaint and his witness, plus two copies for court files after completion of the requirements of case files the case maybe discuss.

DL CLJ 133- Criminal Procedure and Court Testimony MODULE 2, Lesson 1- Continuation of Rule 110- Sec. 5. Rules of Court EXERCISE 1. SELF- ASSESSMENT TEST Enumerate the following A. Three (3) offenses prosecuted only by the offended party 1. 2. 3. B. Adultery and Concubinage Seduction, Abduction, Rape or Acts of lasciviousness Defamation which consists in the imputation of an offense mentioned above.

ANSWER:

Seven (7) minimum requirements for a complaint/ information before it is deemed sufficient. 1. 2. 3. 4. 5. 6. 7. Name of the accused Designation of the offense by the statute Acts or omissions complained of as constituting the offense Name of the offended party Proximate time of the commission of the offense The place wherein the offense was committed When the offense is committed by more than one person, all of them shall be included in the complaint or information.

ANSWER:

EXERCISE 2. Fill in the blanks. ANSWER: 1. A complaint/ information must contain all the essential elements of the offense charged. 2. The specific statute allege to have been committed/ violated should be stated in the information/complaint. 3. The rule requires that any complaint/information should state the 3) designation given to the offense by the statute and the 4) statements of the acts or omissions constituting the same offense. 4. The designation of the offense by the fiscal is or controlling but determines the character of the crime are the alleged facts on the information/complaint. MODULE 2, Lesson 3- Rule 112 Preliminary Investigation EXERCISE 3. Essay QUESTION: ANSWER: Discuss the procedure in the conduct of preliminary investigation. 1. The complaint shall state the known address of the respondent and shall be accompanied by the following: a) affidavits of complaint/s and his

witness. b) Other supporting documents, (number of copies depends upon the number of respondents) and two copies for official file. 2. Affidavits shall be sworn to before any: a) fiscal, state prosecutor or government official authorized to administer oath, or in their absence or unavailability.b) A notary public, who must certify that he has personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. 3. Within ten (10) days after filing of the complaint, if the investigating officer finds no ground to continue with the inquiry, he shall dismiss the complaint. 4. Within ten (10) days after filing of the complaint, and there is legal ground to continue with the inquiry, e shall issue a subpoena to the respondent/s: a) attaching a copy of the complaint, affidavits and other supporting documents. b) Granting him ten (10) days from receipt within which the submit counter-affidavits and other supporting documents . . . whereby . . . respondent/s have the right to examine all the other evidence submitted by the complaint. 5. The counter-affidavit and other supporting evidence submitted by the respondents shall also be sworn to any of the following: a) fiscal, state prosecutor or government official authorized to administer oath, or in their absence or unavailability b) a notary public, who must certify that he has personally examined the affiants, that he is satisfied and that they voluntarily executed and understood their affidavits shall be furnished by him to the complaint. 6. The investigating officer shall base his resolution on the evidence presented by the complaint: a) if the respondent cannot be subpoenaed, or b) if subpoenaed, the respondent does not submit counter-affidavit within the ten (10) days period. 7. If the investigating officer feels that there are matters to be clarified, he may set the hearing to propound classificatory question to the parties and their witnesses. The parties shall be given the opportunity to be present but without the right to examine or cross- examine during the trial. They may submit questions to the investigating officer who shall propound to the parties or witnesses. 8. Upon conclusion of the preliminary investigation, the investigating office shall resolve the case within ten (10) days therefrom. The investigating officer shall determine whether or NOT there is sufficient ground to hold the respondent for trial on the basis of the evidence.

DL CLJ 133- Criminal Procedure and Court Testimony MODULE 3 Post Test EXERCISE 1. True or False ANSWER: FALSE 1. The municipal judge has legal authority to determine the character of the crime. TRUE 2. The fiscal is vested by law for the direction and control of all criminal actions. TRUE 3. That a probable cause exists or not depends upon the judgment and discretion of the judge issuing the warrant. TRUE 4. The degree of questions asked depends upon the judge making the investigation. FALSE 5. A blank warrant of arrest is VALID. TRUE 6. A guilty person has the right to flee from illegal arrest. TRUE 7. A third person can lawfully interfere to prevent an illegal arrest. FALSE 8. There is a need for a warrant of arrest for the recapture of an escape prisoner. TRUE 9. The right to bail presupposes that the accused is under legal arrest. TRUE 10. The right to bail is not available in the military. TRUE 11. Presumption of innocence is regarded as evidence introduced by the law to be considered by the court. FALSE 12. Reasonable doubt is the result of sufficient proof. FALSE 13. Arraignment of an accused under an amended information is not mandatory (substance). TRUE 14. The purpose of a PLEA is to make an issue. TRUE 15. The purpose of an arraignment is to obtain from the defendant his answer.

DL CLJ 133- Criminal Procedure and Court Testimony MODULE 4, Lesson 2- Rule 117 Motion to Quash EXERCISE 1. Fill in the blanks ANSWER: 1. The reception of evidence is a court discretionary. 2. The court may suspend arraignment on the grounds of Insanity and 3. Existence of a valid prejudicial question. 4. The accused may move to quash the complaint or information at any time before entering his plea. 5. Criminal jurisdictionis necessarily the authority to hear and try a particular offense and impose the punishment for it. EXERCISE 2. Enumeration

A.

Four (4) instances wherein a motion to quash may be filed after plea. 1. 2. 3. 4. Failure to charge an offense Lack of jurisdiction over the offense charged Extinction of the offense or penalty Jeopardy

ANSWER:

B.

Three (3) classifications of criminal jurisdiction as to its objects. 1. 2. 3. Jurisdiction over the crime; Jurisdiction over the person of the accused; Jurisdiction over the place where the crime was committed or territorial jurisdiction.

ANSWER:

C.

Four (4) distinctions between pardon and amnesty. AMNESTY 1. granted by Proclamation of the Chief Executive with concurrence of congress. 2. a private act which the courts would take judicial notice. 3. granted to classes of persons or communities guilty of political offense. 4. looks backward and abolishes and puts into oblivion the offense itself- person released stands before the law precisely as though he had committed NO OFFENSE.

PARDON 1. granted by the Chief Executive and as such a private act. 2. Pardon is granted after conviction 3. Pardon looks forward to relieving the offender from consequences of which he has been convicted. 4. Not exempt from payment of civil indemnities imposed from the sentence.

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Sur

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL LEA 122- Police Patrol Plans and Operations TRINIDAD P. ROJO, MPA-PA

MODULE 1, Lesson 1- Definition of Organization EXERCISE 1. True or False ANSWER: TRUE 1. Organization consists of arranging personnel and function in a systematic manner designed to accommodate stated goals and objectives in the most efficient manner possible. TRUE 2. A poorly organized police department cannot function effectively even with the best management. TRUE 3. A well-organized police agency will not operate with maximum efficiency if it is not well managed. TRUE 4. The act of organizing is indispensable to proper management and without some form of organizational structure, most police operations could not be carried out. TRUE 5. If the organization is poor and if organizational concepts are poorly understood or applied, the efficiency of the department will be severely affected. MODULE 1, Lesson 2- Organization for Patrol EXERCISE 2. Fill in the blanks with the correct answers: ANSWER: 1. The organization and operation of the patrol force is said to be a semblance of the pattern of organization of a police department because patrol is the police. 2. The operational heart of a police organization is the patrol force to which other departmental divisions relate in a supportive capacity. 3. In a community a prime concern of local government officials and citizens is peace and order. 4. The police department is entrusted with the basic responsibility of crime prevention. 5. The preventive role of the individual patrolman on his patrol duty is a basic element of modern police service. 6. The work role of the patrol force, day in and day- out, brings them in direct contact with all segments of the community. 7. Patrol function is the most important element of the police department.

8.

To achieve maximum performance, patrol functions must be effectively organized and professionally managed.

MODULE 1, Lesson 3- Importance of Police Patrol EXERCISE 3. Enumerate the exclusive purpose of supporting and enhancing the patrol effort. ANSWER: 1. Patrol is the essence of police functions. 2. The patrol force is the single largest element in the police organization, and the actions taken by the patrol officers have a direct impact on citizen satisfaction and well- being and on the accomplishments of police goals and objectives. 3. The patrol function is also the most visible form of police activity, furthering the communitys well- being and perception of the level of government services. 4. The individual patrol officer represents the police department in its contact with the community. The actions of the patrol officer have far reacting consequences for the police agency for the citizenry, and for the quality of justice in contemporary society. 5. The individual patrol officer plays a major role in determining the quality of justice in a given community. Errors made at the level of the patrol function may have significant negative effects on the remainder of the criminal justice process. 6. Police administrators must recognize and emphasize that the patrol officeris the most important member of the police organization and that all other police activities must be supportive of the patrol mission. MODULE 1, Lesson 4- Crime Prevention and Crime Control and Distinction EXERCISE 4. Fill the blank with correct answer. ANSWER: 1. Crime prevention is the reduction or elimination of the desire and/or opportunity to commit a crime. 2. Crime prevention and crime control is the primary concern of the police. 3. If crime prevention and crime control is applied jointly, both will serve as a means of reducing crime in the community. 4. In the operational scheme of a police department, the patrol force is basically responsible to prevent the commission of misconduct. 5. A weak implementing strategy by the patrol force will obviously open a full opportunityfor the commission of criminal activities. 6. The ultimate course of action is control before the crime escalates into serious proportion. MODULE 1, Lesson 5- Role of Patrol EXERCISE 5. Define role and define patrol ANSWER:

1.

Role- means a specific type of behavior that is to be expected from an


individual who occupies a particular position with attendant responsibility and authority. Patrol - The only form of police service that directly attempt to eliminate the desire and/or opportunity to commit misconduct on the part of an individual.

2.

MODULE 1, Lesson 6- Patrol Function and Activities EXERCISE 6. Enumerate the patrol functions ANSWER: 1. Prevention of crime 2. Suppression of criminal activity 3. Apprehension of criminals 4. Protection of life and property from criminal attack 5. Regulation of non-criminal conduct 6. Preservation of peace and order. MODULE 1 Post Test EXERCISE 1. Fill in the blank with the correct answer: ANSWER: 1. Patrol is the essence of police function. 2. The patrol force is the single largest element in the police organization. 3. The Patrol function is also the most visible form of police activity. 4. The individual patrol officer represents the police department in its contact with the community. 5. The individual patrol officer plays a major role in determining the quality of justice in a given community. 6. Patrol administrators must recognize and emphasized that the patrol officer is the most important member of the police organization. EXERCISE 2. Identify the following ANSWER: Role____1. A specific type of behavior that is to be expected from an individual who occupies a particular position with attendant responsibility and authority. Patrol___2. The only form of police service that directly attempts to eliminate the desire and/or opportunity to commit misconduct on the part of an individual. EXERCISE 3. Enumerate the ten (10) activities of the patrol force ANSWER: 1. Patrol and observation 2. Called for services 3. Inspectional services

4. 5. 6. 7. 8. 9. 10.

Control of public gatherings Responding to emergencies Attending to complaints Conduct initial investigations Preservation of crime scene Criminal apprehension Writing of reports

DL LEA 122- Police Patrol Plans and Operations MODULE 2, Lesson1- Concept Patrol EXERCISE 1. Fill in the blanks with the correct answer: ANSWER: 1. Patrol is performed in many different ways and through the use of the variety of methods. 2. The adoption of the automobile as a standard police equipment for patrol work tops the patrol activity for crime prevention. 3. The traditional foot patrol is still the foremost among the different types of patrol. 4. According to one authoritative source, the word patrol is derived from the French word patrolwiller, which means, roughly, to travel on foot. 5. The most common and the best known form of police patrol the world over is that performed on foot by a policeman in uniform. 6. Its success in controlling crime was discovered in London since 1763. 7. When Henry Fielding, aided by his brother St. John, both of whom, successively, were Bow Street Foot Patrol. 8. Bow Street Magistrates organized a force known as the Bow Street Foot Patrol. 9. This was a group of men, privately employed, specially trained as thief takers. 10. Its demonstrated utility gave rise to Robert Fields Metropolitan Police Act of 1829. MODULE 2, Lesson 2- Police Patrol: Philippine Setting; The Foot Patrol, The Mobile Patrol, The Bicycle Patrol and The Bay and River Patrol EXERCISE 2. Enumerate the concern of the term beat: ANSWER: 1. Geographic area to which an office is assigned for patrol purposes on foot. 2. Assurance that the patrol force is evenly distributed throughout the City so that all sections of the city is patrolled on an equal basis. 3. The patrol beat assignment place a responsibility on patrol officers to patrol their areas (beat) constantly and alertly and to exist a greater degree of interest in the beat to which they are assigned. 4. Guiding the patrol sergeant (supervisor) to direct and control the activities of subordinates because of specific area coverage.

EXERCISE 3. Enumerate the advantages derived from foot patrol. ANSWER: 1. Foot patrol provides closer observation of persons and things. 2. Foot patrol maintain better personal contact with citizens and develops police- community relations because citizens appreciate the presence of good police officers in their neighborhood. 3. Foot patrol can enter small alleys and sidestreets. 4. In downtown business areas, merchants appreciate the presence of reliable uniformed walking patrolman as a deterrent to vandalism, shoplifting, snatching, loitering etc. 5. Closer observation of surrounding conditions and circumstances that may require police attention which if not immediately acted upon by foot patrol may escalate into himself into any situation have sufficient time to assess/ estimate the nature and degree of the incident. EXERCISE 4. Enumerate the advantages of mobile patrol. ANSWER: 1. Mobile patrolling covers a wider area. 2. Mobile patrolling provides faster response to public calls. 3. Mobile patrolling provides constant availability to public calls. 4. Mobile patrolling provides the offices with needed protection during inclement weather and enables the officer to carry other equipment. 5. Mobile patrolling is less tiresome than foot patrolling and therefore, the patrol officer is in a better mental physical condition to deal with an emergency when it arises. 6. Mobile patrolling is more economical. EXERCISE 5. Enumerate the reasons why many police departments adopted bicycle patrol. ANSWER: 1. It can cover areas that are not accessible by patrol cars, or are too widespread to be patrol on foot. 2. It has a combined advantage of mobility and stealth because the bicycle can be operated very quietly and without attacking attention. 3. It is found to be highly effective in combating theft, burglary, vandalism in residential areas, parks, shopping malls. 4. It is effectively used also by plainclothes patrol officer for surveillance in high- crime areas wherein the officers wear non-descript clothes to blend with the apparel commonly worn by criminals and hoodlums 5. It is inexpensive to operate. MODULE 2 Post Test EXERCISE I. Enumerate the factors to be considered in the performance of patrol duties.

ANSWER: 1. Effectiveness of the patrol desired. 2. The police problems encountered on the beat. 3. The objective applied in laying out the area of effective patrol. EXERCISE II. Enumerate the factors to be considered when designing patrol beats. ANSWER: 1. The size of the area to be covered. 2. Natural or man-made barriers, rivers, railroad trackers, major thoroughfares, bridges, buildings, etc. to serve boundaries for each beat. 3. The average work-load. 4. The number of patrol officers to be assigned at any one time. 5. Different characteristics within the area such as residential, commercial, financial, industrial, crime density, etc. EXERCISE III. Fill in the blanks with the correct answer: ANSWER: 1. In manpower distribution, foot patrolmen shall concentrate within the busy 2. congested, 3.commercial,4. and financial areas during business hours. 5. Mobile patrol serves as a back-up or pursuit vehicle for the beat patrolmen in case of emergency. 6. Another effective coordinated effort between the foot patrol and mobile patrol is to combine its patrol efforts. 7. A foot patrolmen and a mobile patrolmen have the same responsibilty to the community crime prevention. EXERCISE IV. TRUE or FALSE ANSWER: TRUE 1. Marine or water patrol units is expensive to maintain. TRUE 2. In the early years of the PC-INP integration, it was the Western Police District who introduced this type of patrol in police work. TRUE 3. The objective was to use the watercraft in anti- smuggling operations along the River and Bay. TRUE 4. Because the expense incurred in its operation and maintenance did not compensate the advantages, police wise it became in operative. DL LEA 122- Police Patrol Plans and Operations MODULE 3, Lesson 1- Patrol Methods and Strategies EXERCISE 1. Enumerate the four (4) factors to be considered in the employment of patrol strategy: ANSWER: 1. The resources of the police agency concerned. 2. The particular crime problems and patrol objectives. 3. The characteristics of the individual community.

4.

The imagination and his patrol commander in developing patrol strategies tailored to best meet the needs of their department, the community their police will serve.

EXERCISE 2. Enumerate the three (3) factors to be considered in the application of patrol strategy: ANSWER: 1. The patrol officer conducts an initial investigation of a crime in his beat the detective takes over to complete the investigation. 2. The patrol office makes the first contact with a youth in trouble the juvenile offices follow up. 3. The patrol officer respond to an automobile accident the traffic specialist investigate in detail if it involves serious injuries. MODULE 3, Lesson 3- The Walking Beat: The Traditional Patrol Pattern EXERCISE 3. Enumerate the four (4) patrol patterns in order to assure high and constant visibility: ANSWER: 1. The clockwise pattern 2. The counter- clockwise pattern 3. The zigzag or free- wheeling pattern 4. The straight- way and crisscross pattern MODULE 3, Lesson 4- Mobile Patrolling: Concept of Operation EXERCISE 4. TRUE or FALSE ANSWER: TRUE 1. During day time, the widest portion of the road where to stop a motorist must be selected. TRUE 3. Observe the flow of traffic coming from behind before opening the door and alighting from the patrol car. TRUE 4. In issuing a citation, the patrol officer must occupy the right side of the vehicle, either the motorists car or the patrollers, using the hoods to accomplish the citation. TRUE 5. At night time, a well- lighted place should be selected to stop a motorist. TRUE 6. In issuing a citation, while the recorder is busy filing the ticket, the driver should regulate traffic. FALSE 7. A citation must never stand to do anything between the stopped vehicle and the patrol car, especially if the driver of the stopped vehicle is still at the wheel. FALSE 8. A patrol officer must never stand to do anything between the stopped vehicle and the patrol car, especially if the driver of the stopped vehicle is still at the vehicle. TRUE 9. Never allow a person being interrogated to stand on the firearm side. TRUE 10. Never allow an apprehended suspect to sit inside the patrol car on the firearm side.

MODULE 3, Lesson 5- Team Policing in the Philippine setting: Its Applicability EXERCISE 5.Fill in the blanks with the correct answer: ANSWER: 1. Philippine police system is patterned after the American policing their contemporary. 2. Neighborhood Team Policing has also its counterpart in our Police Community Relation Office (PCRO) policing introduced in the Manila Police Department. 3. Police precinct commanders who subscribed to the program found the police community relationship scheme a peace- keeping advantage. 4. The police-community relation linkage was discovered also as an effective political tool allegedly by local officials. 5. The operation of neighborhood team policing is to decentralized a police department so that police personnel can become more responsive to neighborhood problems and needs. 6. The teams duties under the responsibility of a team commander is to control crime, improve police relations, and provide all police service on a 24- hour basis. 7. On the other side of the Philippine coin the 3 Ms is our number one problem. 8. In the Philippine setting, most of the organizational set- up of our police departments partakes the nature of the neighborhood team policing system. 9. Our departments have their police precincts presently called police stations, strategically distributed in their respective jurisdiction, under the philosophy of bringing the police closer to the people. 10. What is seriously needed is to inject into our policing system a working relationship between the police and the community so as to produce the desired objective of peace keeping and law enforcement.

MODULE 3 Post Test EXERCISE I.Fill in the blanks with the correct answer: ANSWER: 1. Patrol officers have become not only frustrated and disgusted at the lack of attention given to them. 2. The consequence is that they patrol their beats, if they do at all, randomly without specific purpose or objective. 3. Different specialized units were introduced at the specific patrol. 4. The patrol force in depleted because of the transfer of its members to the different glamorized special units. 5. The shift is on crime fighting which is much publicized, rather than preventing.

6.

7. 8. 9. 10.

If the police are to continue to fulfill their basic responsibilities to detect and deter crimes and to apprehend criminals which are the primary goals of patrol activities, they must continue to search for new and more effective patrol activities. No single patrol strategy will work well in all cases or in every police jurisdiction. The uniformed patrol officers represent all the powers and responsibilities of the police. The police officer conducts an initial investigation of the crime in the beatthe detective takes over to complete the investigation. The patrol officer makes the first contact with a youth in trouble- the juvenile officer follows up.

EXERCISE II. A. State the psychology of omnipresence, as an initial police strategy, is to establish the aura of police presence in the community, and is best exemplified and applied in: ANSWER: Patrols crime prevention activities by uniformed foot patrolmen as well as mobile patrol crew in conspicuously marked, radioequipped, patrol cars. B. State the strategic objective of omnipresence: ANSWER: The patrol officer to be seen alertly and constantly patrolling so as to establish a highly visible police presence, hence, to make his presence psychologically be felt in spite of his physical absence. C. Enumerate the three (3) feelings created to make his presence psychologically in spite of his physical absence: ANSWER: 1. A feeling security on the part of the law abiding citizen. 2. A feeling of fear on the part of the would be violator 3. a feeling of confidence that the police are constantly available to respond to any situation at a moments notice. EXERCISE III. Enumerate the eight (8) things a patrol police should and should not do during patrol duties. ANSWER: 1. Upon arrival at the assigned beats he must immediately report to the Desk Officer though the assigned call- box or through radio to perform the patrol duty. Record in his official note book the time of the report. 2. Commence patrol duty according to the pattern. 3. Never ride in any transportation during patrol except under an emergency situation. 4. When assigned in the morning shift, never smoke, except on coffee break for ten minutes and/ or on lunch break for one hour. Coffee break and lunch break are taken only upon approved of the Desk Officer.

5. 6.

7.

8.

When on patrol duty, do not enter to sit down to rest. Enter to any store in established only upon permission from the Desk Officer for personal necessity for ten minutes, or when the police service is needed. It is obvious that the reporting time is six minutes after the hour. It is obvious to that reporting on the exact minute is impossible to maintain. Hence, the beat patrol man is given a leeway of five minutes to be late, but never ahead. Under an emergency situation, a beat patrolman can deviate from these time reporting rituals. If the report of the incident acted upon will consume some time, the use of the commercial telephone is allowable.

EXERCISE IV. Enumerate the DOS and DONTS in stopping vehicles and interrogating drivers: ANSWER: 1. During day time, the widest portion of the road where to stop a motorist must be selected. 2. The motorist must be signaled to pull closest to the right side of the curb with patrol car parked behind the violators vehicle. 3. Observed the flow of traffic coming from behind before opening the door and alighting from the patrol car. 4. In issuing a citation, the patrol officer must occupy the right side of the vehicle, either the motorists car or the patroller, using the hoods to accomplish the citation. 5. At night time a well- lighted place should be selected to stop a motorist. 6. In issuing a citation, while a recording in busy filing the ticket, the driver should regulate traffic. 7. A citation must be issued within 3 minutes. 8. A patrol officer must never stand to do anything in front of a stopped vehicle with its engine running and its driver still at the wheel. 9. A patrol officer must never stand on the way of the door of the stopped while especially if he is ordering the suspicious driver to get out of the vehicle. 10. Never allow an apprehended suspect to sit inside the patrol car on the firearm side.

DL LEA 122- Police Patrol Plans and Operations MODULE 4, Lesson 1- Police Image: A Comparative Study EXERCISE 1. QUESTION 1: ANSWER: Legally and conceptually, who is a policeman? Legal concept depicts a policeman as an agent or a person in authority endowed by law to enforce the law. The common pictures him as a law enforcer, a guardian of the law, or agent of the law. Symbolically he is the law.

QUESTION 2: ANSWER:

Cite four (4) distinguishing features of the traditional policeman and four (4) features or concept of contemporary policeman. A. TRADITIONAL POLICEMAN 1. 2. Symbol of impartial authority of society Kind of professional citizen- a good policeman and a good citizen respected by the community in either case. A good trustworthy policeman Ideal idealist a lover of wisdom

3. 4.

B. CONTEMPORARY POLICEMAN 1. Materialistic, arrogant, college graduate, agent of a person in authority whos insight of public service is for the public to serve as his source of extra income. At the start of his duty, reflects not on his work but in his prospective income for the day. Constantly probing, looking deeper not on the nature of things but into the pocket of his victim. involved as a violator, not a protector.

2. 3. 4.

MODULE 4, Lesson 2- So Wheres the Police? EXERCISE 2. QUESTION: In your own personal experience, how often do you perform patrol work in your area of responsibility? Cite five (5) reasons to support your answer. 1. Daily patrolling the beat to lessen the crime rate for performing duties and responsibilities to maintain peace and order. 2. Daily patrolling the beat to prevent and control crime.

ANSWER:

3. Daily patrolling the beat for protection of life and properties of the citizen. 4. Daily patrolling the beat for suppression of criminal activities happened in the community. 5. Daily patrolling the beat in police complete uniform and ever- presence patrol strategy to destroy the opportunity to commit a crime.

MODULE 4, Lesson 3- The Police Invisibility: Probable Cause EXERCISE 3. Enumerate five (5) causes or factors for the police low visibility. ANSWER: 1. The creation of specialized elite units which concentrate principally on crime repression. 2. Depletion of the uniformed patrol officers in the precincts/ stations from where the composition of those glamorize units were drawn. 3. Selection for this plainclothes assignment, most often, is not on merit, so that those left behind, who eventually will cover a wider area in their general patrol duty, and under such situation, it is not surprising that patrol officers become dissatisfied and disenchanted with the duties assigned to them. 4. Passive attributes of police chiefs, and patrol commanders to institute aggressive programs on crime prevention. 5. With a left-over number of discontented patrolmen to man police stations to carry on patrol assignments, coupled with lay and/ or lack of supervision by patrol supervision (sergeants), undoubtedly, people who are victimized will always ask WHERES THE POLICE? MODULE 4, Lesson 4- The Working Personality of the Patrol Officer EXERCISE 4. Cite five (5) factors which may brighten the working personality of a patrol officer. ANSWER: 1. Supervision- effective and efficient supervision of the staff supervisor and field supervisor. 2. Management- to achieved maximum performance, patrol operation must be effectively organized and professionally managed. 3. Equipments- well maintained mobile patrol car with radio, telephone, radio control room, firearms, office equipments, which is inspect daily by the staff supervisor. 4. Physical condition and appearance- The police performing their duties and responsibilities must always in good health condition in a complete uniform he shall perform his duty vigilantly on foot patrol 5. sincerity for work- The police performing his duty with utmost sincerity and dedicated to work knowing and loving his work for the benefits of the other not for himself.

MODULE 4 Post Test EXERCISE I. QUESTION 1: ANSWER: Why did you join the police service and what makes you stay with? I join the police service to serve and protect the life and properties of the citizen, prevent and control crimes and ensure public safety, apprehend criminal offenders for the maintenance of peace and order.

EXERCISE II. QUESTION 2: ANSWER: Describe your working personality as a police officer or patrol officer Always be punctual to receive commands and instruction coming from the superior officers, mostly important is in proper uniform and fulfill the duties and responsibility as patrol officer.

EXERCISE III. Based on your study as a student of criminology education, as well as from your personal observation. Enumerate at least five (5) factors for policemen to commit crimes. ANSWER: 1. Less salary under full load of loans, police officer led to extortion collecting protection money from the vendors on the side street, pick-up girls, and tolerating gambling facilities for collection money 2. Less sufficient education of traditional policeman, innocence about the proper conduct of duties and responsibilities 3. Influence by others to commit crimes 4. Accessible firearms used for hold ups/robbery of savings banks in the Philippines 5. Intoxicated policeman become drunken brawls.

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Sur

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL CRIM. 133 Questioned Documents RUBEN R. RAGUNJAN, MPA-PA

MODULE 1, Lesson 1- Definition of Documents and Questioned Documents EXERCISE 1. Give the (3) objects in any material for us to consider it a document? ANSWER: 1. Marks 2. Signs 3. Symbols MODULE 1, Lesson 2- The Importance of Documents EXERCISE 3. Enumerate the two (2) general importance of documents. ANSWER: 1. Documents record mans life. 2. Documents serve as a justification of a thing. MODULE 1, Lesson 3- Care, handling and preservation of documents EXERCISE 4. Enumerate the three (3) procedures in the care handling and preservation of documents. ANSWER: 1. Keep the document unfolded in a protective envelope. 2. Take disputed or questionable papers to document examiners laboratory at the first opportunity. 3. If storage is necessary, keep in dry place away from excessive heat and strong light. MODULE 1, Lesson 4- Suggestions regarding handwriting standards of comparison EXERCISE 5. Enumerate the two (2) types of handwriting standards. ANSWER: 1. Collected 2. Requested MODULE 1, Lesson 5- Questioned Document Problems EXERCISE 6. Enumerate the two (2) problems in questioned documents

ANSWER: 1. When a SIGNATURE on a check note, letter, memorandum and others is in question? 2. When anonymous LETTER OR WRITINGS other than signatures are in question? MODULE 1 Post Test EXERCISE I. Define the following ANSWER: 1. Document is any material which contains marks, signs, and symbols either visible or invisible. 2. QuestionedDocument is any document about which some issue has been raised or which is under scrutiny or disputable paper. EXERCISE II. Enumerate the following ANSWER: A. Importance of documents 1. Documents record mans life. 2. Documents serve as a justification of a thing. B. Problems in questioned documents 1. When a SIGNATURE on a check note, letter, memorandum and others is in question? 2. When anonymous LETTER OR WRITINGS other than signatures are in question? EXERCISE III. Fill in the blank with the correct answer. ANSWER: 1. Have the subject seated on a natural position at table or desk having a smooth writing surface. 2. Furnish subject with paper and instrumentssimilar to those used in questioned writing. 3. Dictate materials or entries to be written weather printed or handwritten. DL CRIM. 133 Questioned Documents MODULE 2, Lesson 1- Special procedure where CHECK FORGERY is charged or suspected EXERCISE 1. Enumerate the three (3) special procedures where check forgery is charged or suspected ANSWER: 1. Furnished subject with check blanks with similar to the questioned check. 2. Dictate the entries to be made on specimen as follows; date, payee, amount, signature, endorsement, any other handwriting shown on questioned checked. 3. Give subject help or suggestion in completing specimen checked.

MODULE 2, Lesson 3- Procedures for obtaining collecting collected standards. (Signature) EXERCISE 2. Write your answer on space provided. ANSWER: 15 to 20 1. What is the minimum number of genuine collected standard before conducting examination? Within 2 years 2. What is the allowable age of a document for comparison? 20 or 30 years ago 3. What is the age of a document which is no longer allowed for comparison? MODULE 2, Lesson 4- Investigation of other specimens of handwriting and handprinting EXERCISE 3. 1. Name the condition of paper instrument prior to the conduct of examination ANSWER: 1. Similar size 2. Shape 3. Texture 2. What is the minimum number of handwriting and or handprinting before the examination? ANSWER: Procure at least 4 to 5 pages of HANDWRITING OR HANDPRINTING. MODULE 2, Lesson 5- Procedures for taking REQUEST handwriting standards in all types of question document problems EXERCISE 4. Name the materials or entries to be dictated by the question document examiner. ANSWER: 1. Do not give assistance in spelling and arrangement. 2. Dictate at a rate of speed which will produce the subject natural writing habits. 3. Too slow dictation will enable the subject attempt to disguise. 4. Too rapid dictation will not produce normal writing.

MODULE 2 Post Test EXERCISE 1. Enumerate 7 possible sources of signature written in the course of daily affairs. ANSWER: 1. Cancelled checks 2. Signature codes for savings, checking and charge accounts and safedeposit boxes.

Signed receipts for telegrams, special delivery or registered letters, express and packages. 4. Business and personal letters. 5. Credit application codes. 6. Signatures on sales slips on job order slips, requisitions slips and purchase slips. 7. Leases, mortgages, agreements, bill of sale, contracts, deeds, notes stock certificates. EXERCISE 2. Fill in the blank. ANSWER: 1. Obtain at least 15 to 20 genuine signatures for comparison. 2. Ink signature for comparison with Questioned Ink specimen. 3. Pencil standards for comparison with questioned pencil specimens. 4. Secure when available genuine signatures use for different purpose as the questioned signature. 5. Do not use signature written during extreme illness or intoxication except for comparison with specimen executed under similar nature. DL CRIM. 133 Questioned Documents MODULE 3, Lesson 1- Definition of Terms use in Scientific Examination of handwriting EXERCISE 1. Identify the following ANSWER: 1. Document - any material which contains marks, signs, or symbols either visible or invisible. 2. Comparison -the act of setting two (2) more items side by side to weigh their identifying qualities. 3. Conclusion - are observed facts by logical, common sense of reasoning in accordance with establish rules of laws. 4. Signature - ones name written in nunself on a document as assign of acknowledgment. 5. Model signature - a genuine signature which has been prepared an imitated or traced forgery. 6. Forgery - the act of imitating or simulating somebodys signature by another without the permission of the former for profit. 7. Significant writing habit- any characteristics or writing which is sufficiently unique and well- fixed to serves as fundamental point of identification. 8. Class characteristics- a thing which is common to a group. 9. Slant - refers to the slope of the handwriting in relation to the baseline. 10. Line quality -a writing refers to the visible record of the written stroke. MODULE 3, Lesson 2- Forgery of signature EXERCISE 2. Name the major categories of forgery ANSWER:

3.

1. 2. 3.

Simple forgery Simulated or copied forgery Traced forgery

MODULE 3, Lesson 3- Indications of Forgery and Genuineness EXERCISE 3. Enumerate the indications of genuineness ANSWER: 1. Free flowing movement indicating freedom of writing. 2. Intermediate strokes where pen comes off the paper but not stopped showing continuity of motion. 3. Ink failure 4. Plying starts and vanishing finisher. 5. Abbreviated distorted and illegible form. 6. Natural variations. 7. Good line quality. MODULE 3 Post Test EXERCISE 1. Define the following ANSWER: 1. Examination- the act of making a closed and critical study of any material and with question documents, the process necessary to discover the facts about them. 2. Opinion- a document examiners conclusion. 3. System of writing- the combination of the basic design of letters with writing system. 4. Individual characteristic- a characteristic which is highly personal which cannot be seen into another. 5. Cursive writing- a writing in which the letters are mostly joined together. EXERCISE 2. Enumerate the kinds of traced forgery ANSWER: 1. Carbon process 2. Identification process- a type whereby indention or canal like outlines of the genuine signature with considerable pressure with any pointed sharp object. 3. Transmitting light or projection process- is that kind whereby the fraudulent document is placed above the genuine document and with strong light direction through.

DL CRIM. 133 Questioned Documents MODULE 3, Lesson 1- Two Distinct Problems Encountered in Typewriting Examination

EXERCISE 1. A. Write the classes of typewriting standards: ANSWER: 1. Collected typewriter standards- consists of materials which has been written on the questioned machine from day-to-day in the course of business or private affairs. 2. Prepared typewriter standards- comprises matters written by the investigator himself or by some other person at thus direction, on the suspected machine especially for comparison with questioned typewriter type of document. EXERCISE 2. B. The two types of typewriter 1. PICA typewriter- could contain 10 character or letter per linear inch. 2. ELITE typewriter- could contain 12 characters or letters per linear inch and the letters are smaller in size. MODULE 3, Lesson 2- Modes of Identifying the Suspected Typewriter EXERCISE 2. Enumerate the variable factors in identifying a suspected machine ANSWER: 1. Paper 2. Kind of backing 3. Ribbon condition 4. Clearness of the typeface 5. Operators touch MODULE 3, Lesson 3- Detection of Counterfeit Central Bank Notes EXERCISE 3. Name the different important features or characteristics for us to be familiar when it comes to a peso bill. ANSWER: 1. Distinctive feel 2. Portrait 3. Watermarks 4. Colored Fibers 5. Metallic Thread 6. Lacework design 7. Color of each denomination 8. Style and size of serial number 9. Vignette 10. Clearness of print

Republic of the Philippines UNIVERSITY OF NORTHERN PHILIPPINES Vigan City, Ilocos Sur

Name Subject Writer

: : :

Benjamin T Daquioag Jr. DL LEA 121 Police Organization and Administration WITERICO T. BALBUENA, Ph. D.

MODULE 1- Police Administration and History of Police Force MODULE 1 Post Test QUESTION 1: ANSWER: What is Republic Act No. 6975? An act establishing the Philippine National Police under a reorganized Department of the Interior and Local Government Act of 1990. When was R.A. 6975 approved and took effect? Was approved on December 13, 1990 and it took effect on January 1, 1991. Who was the president who approved R.A. 6975? President Corazon Aquino What are the five principles in Police Organization? 1.Specialization- is a principle of organization that results from the division of the force into separate units to perform police tasks. 2. Unity of command- is a principle in police service that only one man can be complete command of each situation and only one man in direct command or supervision of each officer. 3. Span of control- is a principle wherein the ability of one man to direct, coordinate and control immediate subordinates has physical limits because he can be in only one place at one time, and he cannot work 24 hours a day. 4. Proper span of control- is determined by such factors as native ability; the complexity of the tasks to be performed by the subordinate; separation of the superior from the immediate subordinates by time or place; the time demanded by the public for personal appearances and public requests for assistance.

QUESTION 2: ANSWER: QUESTION 3: ANSWER: QUESTION 4: ANSWER:

5. Delegation of authority-work is related to the process of committing an activity to anothers care and divisions of tasks of command among the officers of various units. QUESTION 5: ANSWER: What are the goals of Police Organization? 1. to identify criminal law violators and apprehend them; 2. to prevent crime; 3. to protect the people and their property from harm and violence; 4. to safeguard constitutional rights and 5. to provide public services especially on an emergency basis.

MODULE 2- Department of the Interior and Local Government and The National Police Commission MODULE 2 Post Test QUESTION 1: ANSWER: QUESTION 2: ANSWER: What is Executive Order 262? The Reorganization Act of the Department of the Interior and Local Government and for other purpose. Enumerate the powers and function of the DILG 1. Assist the President in the exercise of general supervision over local government. 2. Advise the President in the promulgation of policies, rules, regulations and other issuances on the general supervision over local governments and on public order and safety; 3. Establish and prescribe rules, regulations and other issuances implementing laws on public order and safety, the general supervision over local government and the promotions of local autonomy and community empowerment and monitor compliance thereof; 4. Provide assistance I n the preparation of natio0nal legislation affecting local governments, law enforcement and public safety; 5. Establish and prescribe plans, policies, programs and projects to promote peace and order, ensure public safety and further strength of the administrative, technical and fiscal capabilities of local government offices and personnel; 6. Formulate plans, policies and programs which will meet local emergencies arising from natural and man-made disasters;

7. Establish a system of coordination and cooperation among the citizenry, local executives, and the Department, to ensure effective and efficient delivery of basic services to the public; 8. Organize, train and equip primarily for the performance of police functions, a police force that is national in scope and civilian in character; and 9. Perform such other functions as may be prescribed by competent authority. QUESTION 3: ANSWER: What is the composition of the National Police Commission for policy and program coordination? It shall be composed of a Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex officio member. Three (3) of the regular commissioners shall come from the civilian sector who are neither active nor former members of the police or military, one (1) of whom shall be designated as vice chairperson by the President. The fourth regular commissioner shall come from the law enforcement sector either active or retired: Provided, that an active member of a law enforcement agency shall be considered resigned from said agency once appointed to the Commission: Provided, further, that at least one (1) of the Commissioners shall be a woman The Secretary of the Department shall be the ex officio chairperson of the Commission, while the vice chairperson shall act as the executive officer of the Commission. What are the qualifications of the NAPOLCOM Regional Director? No person shall be appointed regional director unless: "(a) He or she is a citizen of the Philippines; and "(b) A holder of a master's degree and appropriate civil service eligibility."

QUESTION 4: ANSWER:

MODULE 3- The PNP, BFP, BJMP and Philippine Public Safety College MODULE 3 Post Test QUESTION 1: ANSWER: QUESTION 2: ANSWER: When was R.A. No. 8551 finally passed by the Senate and House of Representatives for approval by the president? February 20, 1998 Enumerate the functions of the PNP. (a) Enforce all laws and ordinances relative to the protection of lives and properties; (b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; (d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; (e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; (f) Issue licenses for the possession of firearms and explosives in accordance with law; (g) Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their professions; and (h) Perform such other duties and exercise all other functions as may be provided by law. QUESTION 3: In order enumerate the rank classification of the PNP from the highest to the lowest rank.

ANSWER: Director General, Deputy Director General, Director, Chief Superintendent, Senior Superintendent, Superintendent, Chief Inspector, Senior Inspector, Inspector, Senior Police Officer IV, Senior Police Officer III, Senior Police Officer II, Senior Police Officer I, Police Officer III, Police Officer II, Police Officer I QUESTION 4: ANSWER: What are the Powers and Functions of the Fire bureau? 1. prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as

the enforcement of the Fire Code and other related laws.


2. Investigation of all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor who has jurisdiction over the case. QUESTION 5: In order enumerate the rank classification of the BFP from the highest to the lowest rank.

ANSWER: Director, Chief Superintendent, Senior Superintendent, Superintendent, Chief Inspector, Senior Inspector, Inspector, Senior Fire Officer IV, Senior Fire Officer III, Senior Fire Officer II, Senior Fire Officer I, Fire Officer III, Fire Officer II,Fire Officer I QUESTION 6: Give the key positions of the BJMP.

ANSWER:

The head of the Jail Bureau with the rank of director shall have the position title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the rank of chief superintendent. The assistant heads of the Department's regional offices with the rank of senior superintendent shall assume the position title of Assistant Regional Director of Jail Management and Penology as provided by Section 12 of this Act; the heads of district offices with the rank of chief inspector shall have the position title of District Jail Warden; and the heads of the city or municipal stations with the rank of senior inspector shall be known as City/Municipal Jail Warden. What is the premier educational institution for the training, human resource development and continuing education for all personnel of the PNP, BFP and BJMP? Philippine Public Safety College

QUESTION 7:

ANSWER: