You are on page 1of 89

REVIEWER ON CRIMINAL SOCIOLOGY

INTRODUCTION TO CRIMINOLOGY & PSYCHOLOGY OF CRIMES

Criminology (from Latin crīmen, "accusation"; and Greek logia, study) is the scientific study of the nature, extent, causes,
and control of criminal behavior in both the individual and in society. The term criminology was coined in 1885 by Italian
law professor Raffaele Garofalo as criminologia. Around the same time, but later, French anthropologist Paul Topinard
used the analogous French term criminologie. Criminology is a body of knowledge regarding crime as a social phenomenon.
It covers in its scope study of lawmaking, law breaking, and the response to law breaking (Edwin Sutherland). Criminology
vs. Criminal Justice Criminology focuses on lawbreaking (nature, extent & causes); Criminal Justice focuses on the
response to criminal behavior (policing, courts, and corrections).

Is Criminology a Science?

1. Edwin Sutherland and Donald Cressey – Not a science but has the hope of becoming a science for the reason that man is
the subject of the study.
2. George Wilker – Absolutely not a science due to the variations of behavior.
3. Cirilo Tradio – It is a science for the causes of crimes are universally alike such as biological, physical, psychological,
and economical. Criminology is not a science but has the hope of becoming a science Criminology is not a perfect science.

MAJOR ALLIED SCIENCES OF CRIMINOLOGY

1. Sociology (Sociological Criminology)- The study of crime that is focused on a group of people and the society as a
whole.
2. Psychology- (Psychological Criminology)- Deals with the study of behavior and mental processes of criminals.
3. Psychiatry (Psychiatric Criminology)- A science that deals with the study of criminal behavior in terms of motives and
drives.
4. Anthropology (AnthropologicalCriminology) - Deals with the study of mankind, particularly,
the culture and physical features of distinctive groups of people.
5. Physiology (Physiological Criminology)- Study of the function of various organs of the body, in relation to the behavior
of a particular person.

SCOPE OF CRIMINOLOGY

1. The making of laws – This pertains to the examination of the nature and structure of laws in the society which could be
analyzed scientifically and exhaustively to learn crime causation and eventually help fight them.
2. The breaking of laws – It is concentrated in the scientific analysis of the causes of crimes.
3. The reaction towards the breaking of laws – This involves the study of the reaction of people and government towards
the breaking of laws.

DIVISIONS OF CRIMINOLOGY

1. Criminal Etiology – The scientific analysis of the causes of crimes


2. Sociology of Law – The study of law and its application.
3. Penology or Correction – The study that deals with the punishment and the treatment of criminals.
4. Criminalistics – The study of criminal things.

IMPORTANCE OF STUDYING CRIMINOLOGY

1. A source of Philosophy of life – The knowledge derived from studying crime is a good foundation for an individual’s
philosophy and life style.
2. A background for a profession and for social service
3. Criminals are legitimate objects of interest
4. Crime is a costly problem

PURPOSES OF STUDYING CRIMINOLOGY

1. To prevent the crime problem


2. To understand crimes and criminals
3. To prepare for a career in law enforcement and scientific crime detection
4. To develop an understanding of the constitutional guarantees and due process of law in the administration of justice.
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 1
5. To foster a higher concept of citizenry and leadership together with an understanding of one moral and legal
responsibilities to his fellowmen, his community and the nation.

NATURE OF CRIMINOLOGY

1. An Applied Science - It is useful.


2. A Social science – In as much as crime is a societal creation and it exists in a society, its study must be considered a part
of social science.
3. Dynamic – The progress of criminology is concordant with the advancement of other sciences that have been applied to it.
4. Nationalistic – The study of crime must always be in relation with the existing criminal law with in the territory.

OBJECTS OF INTEREST IN CRIMINOLOGY

A. CRIME is an act committed or omitted in violation of law, commanding or forbidding it. An act that is injurious,
detrimental or harmful to the norms of the society. It is generic term that refers to offense, felony and delinquency or
misdemeanour.

 Offense – An act or omission that is punishable by special laws (E.g. RA 9165).


 Felony – An act or omission that is punishable by the Revised Penal Code (Act # 3815).
 Misdemeanor – Acts that are in violation of simple rules and regulations.

Elements of Crime:

a. There must be an act or omission;


b. The act or omission must be in violation of law; and
c. The act is committed either by dolo (malice) or culpa (fault)

Elements of Crime by Dolo:

a. Freedom - the ability to do whatever one wishes


b. Intelligence - the ability to know what is right and wrong
c. Intent - use of particular means to effect a particular result

Motive – the moving power that impels one to do an act. It is NOT an element of a crime.

Elements of Crime by Culpa:


a. Freedom
b. Intelligence
c. Negligence/Imprudence (Lack of Skill/ Foresight)

CLASSIFICATION OF FELONIES:

ACCORDING TO STAGES IN THE COMMISSION OF CRIME:

1. Attempted Stage – the offender performs overt acts to commit the crime as a consequence but did not perform the acts of
execution because of some reasons other than his own spontaneous desistance.
2. Frustrated Stage – when the offender performs all acts of execution to produce the felony but the crime did not happen by
reason of some causes independent of the will of the perpetrator.
3. Consummated Stage – all elements of crime are present.

Manner of Committing Crime:


a. Material Crime – The 3 stages are present.
b. Formal Crime – No frustrated stage
c. Crimes committed by mere attempts – E.g. Flight to Enemy’s Country, Abuses against Chastity.

ACCORDING TO THE MODE OF EXECUTION (ART 6)

1. Intentional Felonies – Committed by means of deceit.

2. Culpable Felonies – Where the wrongful act result from imprudence (lack of foresight), negligence (lack of skill).

ACCORDING TO GRAVITY (ART. 9)

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 2


1. Grave Felonies – Those felonies which the law imposes capital penalty and those with afflictive penalties (Prision Mayor
– Death).
2. Less Grave Felonies – those with correctional penalties (1month 1 day – 6 years).
3. Light Felonies – Those which the law imposes a penalty of Arresto Menor (1 day to 1month) and/ or a fine of P200.00.

Mala in se vs. Mala prohibita


 Crimes which are wrongful in nature are called mala in se;
 Mere violations of rules of convenience designed to secure a more orderly regulation of the affairs of the society are
mala prohibita.

ANATOMY OF CRIME – For any crime to happen, there are three elements or ingredients that must be present at the same
time and same place. These are:

1. Instrumentality – is the means or implement use in the commission of the crime.


2. Opportunity – The time and place conducive for its commission.
3. Resistance to Temptation – The values of the offender to refrain from committing an act.

CHARACTERISTICS OF CRIME
a. It does not respect age, sex, culture, customs, race, and religion of the society.
b. It is a worldwide phenomenon.
c. It occurs in all existing economic strata.
d. Its causes are multifarious.
e. It is difficult to eradicate.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. Acquisitive Crimes – is one which when committed the offender acquires something as a consequence of his criminal act.
2. Extinctive Crimes – when it results to destruction.
3. Seasonal Crimes – those that are committed only at a certain period of the year.
4. Situational Crimes – those that are committed only when given the situation conducive to its commission.
5. Episodic Crimes – crimes that are committed by a series of acts in a lengthy space of time.
6. Instant Crimes – those that are committed in the shortest possible time.
7. Static Crimes – crimes that are committed only in one place.
8. Continuing Crimes – crimes that are committed in several places.

ACCORDING TO MENTAL ATTITUDE

1. Rational Crimes – those that are committed with intent.


2. Irrational Crimes – those that are omitted by offenders who do not know the nature of their acts.
3. White Collar Crimes – those that are committed by persons of responsibility and of upper socio economic class in the
course of their occupational activities.
4. Blue Collar Crimes – crimes committed by ordinary professionals to maintain their livelihood.
5. Upper World Crimes – those committed by individuals belonging to the upper class of the society.
6. Under World Crimes – those committed by lower or under privilege class of society.
7. Crimes by Imitation - crimes committed by merely duplicating those done by others.
8. Crimes by Passion – crimes committed because of the fit of great emotion.
9. Service Crimes – crimes committed by rendering service to satisfy the desire of another.

OTHER CLASSIFICATIONS OF CRIMES

1. Traditional Crime- committed every now and then


2. Crimes Due to Social Change- poverty crimes ex. Prostitution
3. Emergency Crime- committed to take advantage of an abnormal situation
4. Victimless Crime- act committed by consenting persons in private, there is no intended victim.
5. Index Crime- are crimes which are serious in nature and which occur with sufficient frequency and regularity such that
they can serve as an index to the crime situation in the Philippines, we consider only the actual crimes of murder, homicide,
physical injury (serious and less serious), robbery, theft, and rape.
6. Non- index Crime – Crimes against persons (parricide/infanticide, maltreatment, kidnapping); crimes against property
(estafa and falsification, malicious mischief and damage to property); crimes against morals and order (prostitution,
vagrancy, alarm and scandal, assault/resistance to authority, corruption of public official, gambling, slander and libel, threat
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 3
and coercion and trespassing), crimes against chastity (abduction, seduction, lascivious acts) and other crimes (illegal
possession of firearms, explosives and ammunition, concealment of deadly weapons, smuggling, carnapping and prohibited
drugs)

Total Crime Volume = Index + Non-index Crimes.


Average Monthly Crime Rate = [(Total Crime Volume/12 months) x 100,000 population]/population of region or country.
Crime Solution Efficiency = (Crime Solved/Crime Volume) x 100%.

7. Cyber Crimes/ Computer Crimes –

 Computer crime – Refers to any crime that involves a computer and a network, where the computers may or may
not have played an instrumental part in the commission of the crime (Moore 2000).
 Net crime refers, more precisely, to criminal exploitation of the Internet. Issues surrounding this type of crime have
become high-profile, particularly those surrounding hacking, copyright infringement, child porn, and child
grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or
otherwise.
 Spam – Or the unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees. As
applied to email, specific anti-spam laws are relatively new, however limits on unsolicited electronic
communications have existed in some forms for some time.

B. CRIMINAL is a person who committed a crime and has been convicted with final judgment by a competent court. A
person who violated a social norm or one who committed an anti social act.

CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS:

1. Based on Etiology
a. Acute Criminal – one who violates a criminal law because of the impulse or fit of passion.
b. Chronic Criminal – one who commits crime in consonance with deliberate thinking.

2. Based on Behavioral System


a. Ordinary Criminal – the lowest form of criminal in a criminal career
b. Organized Criminals – one who associates with other criminals.
c. Professional Criminal – one with high degree of skill in committing crimes.

3. Based on Legal Classification


a. Recidivist under Article 14 (9) – The offender at the time of his trial for one crime shall have been previously
convicted by final judgment of another embraced in the same title of the Revised Penal Code.

b. Repetition or reiteracion under Article 14 (10) – The offender has been previously punished for an offense which
the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

c. Habitual delinquent under Article 62 (5) – The offender within the period of 10 years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, is found
guilty of the any of said crimes a third time or oftener.

d. Quasi-recidivist under Article 160 – Any person who shall commit a felony after having been convicted by final
judgment before beginning to serve such sentence or while serving such sentence shall be punished by the maximum
period prescribed by law for the new felony.

4. Classification of Criminals by Lombroso/ Ferri:

a. Born Criminals – Atavism describes one having shifty eyes, elongated jaws and no mustache.
b. Criminal by Passion – individuals who are easily influenced by great emotions.
c. Insane Criminals – those who commit crimes due to mental abnormalities or psychological disorder.
d. Criminoloids – one who commit crime due to less self control. Those suffering from defects that are psychological.
E.g. Kleptomaniac.
e. Occasional Criminal – one who commit crimes due to insignificant reasons that pushed them to do at a given
occasion.
f. Pseudo Criminals – those who kill in self-defense.

5. Types of Criminals by Garofalo:

a. Murderers – those who are satisfied from vengeance


POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 4
b. Violent Criminals – those who commit very serious crimes.
c. Deficient Criminals – those who commit crimes against property.
d. Lascivious Criminals – those who commit crimes against chastity.

C. VICTIM refers to an individual whose right/s are violated by another person.

 Victimology – A branch of the study of criminology which deals with the study of an individual who somehow, one
way or the other, has contributed to the commission of a crime or offense making himself a party in crime and at the
same time a crime victim of his own volition

 Restorative Justice System – A justice system that concerns on the victims of crimes; unlike the criminal justice
system.
 Victimless Crimes – Are crimes where there is no private offended party, the State is considered as the victim.

D. CRIMINAL BEHAVIOR - refers to the study of human conduct focused on the mental processes of the criminal, the
way he behave or act including his activities and the causes and influences of his criminal behaviour.

APPROACHES TO THE EXPLANATION OF CRIME

1. Subjective Approach. This approach derived mainly from the biological, has sought for the explanation of crime in the
form of abnormalities of aberration that primarily exist within the criminal himself.
a. Anthropological Approach – This approach had tried to compare the physical characteristics of the individual
offender to non-offenders.

b. Medical Approach – It explains the role of physical and mental conditions of the individual prior or after the
commission of the criminal acts. It further explains that even if an individual commits an offense, proper medical
examinations will show that the offender is mentally ill at the time of the commission of the offense.

c. Biological Approach – It explains inheritance as a cause of crime.

Martin Kallikak Family – Studied by Henry Goddard Margaret


Jukes Family – Studied by Richard Dugdale

d. Physiological Approach – It explains that, instinctively, it is the nature of a human being to acquire all the physical
needs in order to satisfy all his wants. In short, every man possesses integrity and whenever we lose sight of a
human as a whole we violate that integrity.

e. Psychological Approach – Intelligence, emotion and education of the individual must be taken into consideration in
relation to the wrongful act he has committed. Research showed that once the community and its members deprive
the individual of his natural needs, crime will be committed as a result of such frustration.

f. Psychiatric Approach – This approach explains that the cause of behavioural difficulties is to be found in
emotional tension originating in early life conflict with the family. Moreover, behavioural patterns will be
established which will later become permanent and fixed and it is hard for any correctional institution to change this
attitude if he is never caught of violation of law or ordinance.

g. Psycho-analytical Approach – This is based upon the Freudan theory which traces behaviour as a deviation to the
repression of basic drives.

2. OBJECTIVE APPROACH. It is derived from the social science point of view that offenders are normal beings upon
who have played the external criminogenic forces. It deals with the study of groups, social process and institutions as
productive deviant behaviour.

a. Geographic Approach – It considers climate as one of the factors that lead individuals to do a criminal act.
b. Ecological Approach – It concerns itself with the biotic grouping of men thus, resulting from migration competition
and division of labor. Migration is a conduct from one place to another which sometimes create conflict between the
immigrant and the inhabitant of such place thus leading to social discrimination.
c. Economic Approach – Financial hardship is one of the primary causes of criminality, therefore, it is necessary for
every human being to contemplate or consider with deep regret and compassion the strong temptation which has
frequently prevailed for so many years from want of the necessities to support life.
d. Sociological & Cultural Approach – It is concerned with the influences on behaviour of group life, including rules
and statutes, social classes and social mobility, subculture, cliques and social changes.

THEORIES OF CRIME CAUSATION


POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 5
1. DEMONOLOGICAL THEORY – It maintains that criminal behaviour was believed to be the results
of evil spirits and demons something of natural force and controls behaviour.

 Implication for Criminals: Brutal corporal punishments designed to placate the gods, cleanse the community, and
identify individuals as deviant.

2. CLASSICAL THEORY – It asserts that human beings are endowed with absolute free will to choose right from wrong.
Human beings are fundamentally rational, and most human behaviour is the result of free will coupled with rational choice.

 Cause of Crime: Crime is the result of a rational decision based on a calculation of costs and benefits.
 Implication to Criminals: Swift, certain, severe punishment within the framework of a rational legal system will
deter criminal behaviour.
 Deterrence Theory: One objective of punishment is to send a message addressed to the public at large.
 General Deterrence - The idea of punishing the offenders will deter the rest of the society.
 Specific Deterrence – Offenders who feel the pain of punishment should be less likely to offend in the future.
Proponents: Cesare Beccaria – Author of the essay On Crimes and Punishment. He formulated these principles:
prevention of crime is more important than punishment for the crime committed.
 Jeremy Bentham (Utilitarian Hedonism) – urged lawmakers to base crimes and punishments on the principle of
utility—that is, the greatest good for the greatest number.

Arguments against the Classical Theory

a. Unfair
b. Unjust
c. The nature and definition of punishment is not individualized;
d. It considers only the injury caused not the mental condition of the offender.

3. Neo-classical Theory – This maintains that there are some situations or circumstances that maid it impossible to exercise
freewill thus, humans are not always responsible for their actions (E.g. Children, Insane, Imbecile).

4. Positivist or Italian School –The term Positivism refers to a method of analysis based on the collection of observable
scientific facts. It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity.
Crime is a social and moral phenomenon which cannot be treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures.

This school argued that man is subdued occasionally by a strange and morbid phenomenon which conditions him to do
wrong in spite of or contrary to his volition. Cause of Crime: Criminal behavior is determined by biological, social, or
psychological factors outside of a person’s control. Implication for Criminals: Advocate a medical model. Individualsare
―treated‖ based on the set of factrs that caused them to engaged in crime.

Enrico Ferri – He considered social factors such as population trends, religion, and the nature of the family. He ppublished a
book ―The Theory of Imputability and the Denial of Freewill‖ in 1878.

Rafaelle Garofalo – The concept of natural crime, which he argued was the principal concern of criminologists. According
to Garofalo, natural or true crime is conduct that, when evaluated against the average moral sense of the community, offends
the basic altruistic (unselfish) sense of humankind. The true criminal is one who lacks the basic altruistic sentiments of pity
and honesty.

5. Psychoanalytical Theory – Personality is composed of three elements which include ID, EGO and SUPER EGO.
Introduced by Sigmund Freud.

o ID – is the only component of personality that is present from birth. This aspect of personality is entirely
unconscious and includes the instinctive and primitive behaviour.
o EGO – is the component of personality that is responsible for dealing with reality. The ego develops from
the id and ensures that the impulses of the id can be express in a manner that is acceptable in the real world.
o SUPEREGO – the aspect of personality that holds all the internalized moral standards and ideals that is
acquired from both parents and society. It provides guidelines for making judgement.

Criminal behavior is a form of neurosis, that criminality may result from an overactive conscience.
6. Somatotyping Theory – it maintains the belief that inheritance is the primary determinant of behaviour and the physique
is a reliable indicator of personality. It was introduced by William Sheldon.

Classification of Body Physique by Sheldon and Ernest Kretschmer


POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 6
Kretschmer William Sheldon

1. Endomorph 1. Pyknic
2. Mesomorph 2. Athletic
3. Ectomorph 3. Asthenic

9. Neutralization Theory – It maintains that an individual will obey or disobey societal rules depending upon his or her
ability to rationalize whether he is protected from hurt or destruction. By Gresham Sykes.

10. Labeling Theory – It asserts that the original cause of crime cannot be known, no behavior is intrinsically criminal.
Behavior becomes criminal only if it is labelled as such.

11. Social Disorganization Theory (neighborhoods) - is based on the work of Henry McKay and Clifford R. Shaw of the
Chicago School. Social disorganization theory postulates that neighborhoods plagued with poverty and economic deprivation
tend to experience high rates of population turnover. These neighborhoods also tend to have high population heterogeneity.
With high turnover, informal social structure often fails to develop, which in turn makes it difficult to maintain social order in
a community.

12. Social Ecology Theory – it maintains that crime rates are associated with poverty, disorder, high numbers of abandoned
buildings, and other signs of community deterioration. As working and middle class people leave deteriorating
neighborhoods, the most disadvantaged portions of the population may remain. William Julius Wilson suggested a poverty
"concentration effect", which may cause neighborhoods to be isolated from the mainstream of society and become prone to
violence.

13. Strain theory (social class) - also known as Mertonian Anomie, advanced by American sociologist Robert Merton,
suggests that mainstream culture, especially in the United States, is saturated with dreams of opportunity, freedom and
prosperity; as Merton put it, the American Dream. Most people buy into this dream and it becomes a powerful cultural and
psychological motivation.

14. Anomie Theory - it was introduced by Emile Durkheim. It maintained that normlessness creates criminal behavior.

15. Rational Choice Theory - is based on the utilitarian, classical school philosophies of Cesare Beccaria, which were
popularized by Jeremy Bentham. They argued that punishment, if certain, swift, and proportionate to the crime, was
a deterrent for crime, with risks outweighing possible benefits to the offender.

16. Routine Activity Theory - developed by Marcus Felson and Lawrence Cohen, draws upon control theories and
explains crime in terms of crime opportunities that occur in everyday life. A crime opportunity requires that elements
converge in time and place including (1) a motivated offender (2) suitable target or victim (3) lack of a capable guardian.

OTHER THEORIES IN CRIMINOLOGY

1. Cultural Deviance Theory- a theory that views crime as a result of man’s cultural values that permit or allow crime to
happen or even demand behaviors that will violate the laws.
2. Cultural Transmission Theory- a theory which states that the cause of crime is the handling down of delinquency
behavior as a socially learned behavior, transmitted from one generation to the next, especially among depressed and
disorganized urban areas.
3. Culture Conflict Theory- states that different groups have different conduct norms and the conduct norms of one group
may be in conflict with those of another, causing individual to commit crimes by conforming to the norms of their own
groups which is in conflict with another.
4. Conflict Theory- states that people band together as a group because they are social animals with needs that are best
served through collective action. It states further that people constantly clash as they try to advance the interest of their
particular group over those of the others.
5. Theory of Human Evolution- Advocated by Charles Darwin, this theory claimed that humans, like other animals are
parasite. Man is an organism having an animalistic behavior that is dependent on other animals for survival.

SOME IMPORTANT TERMS IN THE STUDY OF CRIMINOLOGY

1. Criminologenic Process – It explains human behavior and the experiences and the experiences which help determine the
nature of a person’s personality as a reacting mechanism

2. Cultural Conflict – A clash between societies because of contrary beliefs or substantial variance in their respective
customs, language, institutions, learning, etc…
3. Erotomania – A morbid propensity to love or make love; uncontrollable sexual desire, or excessive sexual craving by
members of either sex.
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 7
4. Inheritance – The transmission of physical characteristics, mental traits, tendency to disease, etc., from parents to off
springs.
5. Kleptomania – An uncontrollable morbid propensity to steal.
6. Megalomania – A mental disorder in which the subject thinks himself great or exalted.
7. Melancholia – A mental disorder characterized by excessive brooding and depression of spirits. (Delusions and
Hallucinations)
8. Necrophilism – Morbid craving, usually of an erotic nature for dead bodies.
9. Anthropometry – An identification system based on physical measurement.
10. Anthropology – It is the science devoted to the study of mankind and its development in relation to its physical, mental
and cultural history.
11. Autophobia – It is a morbid fear of one’s self, or of being alone.
12. Biometry – Measuring or calculating of the probable duration of human life.
13. Logomacy – A statement that we would have no crime if we had no criminal law, and that we could eliminate all crime
merely by abolishing all criminal laws.
14. Feebleminded – Lacking the normal mental powers; mentally deficient
15. Phrenology – The study of the shape and protuberance of the skull based on the now discredited belief that they reveal
character and mental capacity
16. Physiognomy – Is the assessment of a persons character or personality from their outer appearance especially the face.
17. Cranialogy -
18. Victim - a victim of a crime is an identifiable person who has been harmed individually and directly by the perpetrator,
rather than merely the society as a whole.
19. Victim impact panel - is a form of community-based or restorative justice in which the crime victims (or relatives and
friends of deceased crime victims) meet with the defendant after conviction to tell the
convict about how the criminal activity affected them, in the hope of rehabilitation or deterrence.
20. Sociology of law - refers to both a sub-discipline of sociology and an approach within the field of legal studies. Sociology
of law is a diverse field of study which examines the interaction of law with other aspects of society, such as the effect of
legal institutions, doctrines, and practices on other social phenomena and vice versa.
21. Crime science - is the study of crime in order to find ways to prevent it. Three features distinguish crime science from
criminology: it is single-minded about cutting crime, rather than studying it for its own sake; accordingly it focuses on crime
rather than criminals; and it is multidisciplinary, notably recruiting scientific methodology rather than relying on social
theory.
22. Fear of crime - refers to the fear of being a victim of crime as opposed to the actual probability of being a victim of
crime
OTHER PERSONALITIES AND THEIR CONTRIBUTIONS
1. Charles Buckman Goring – He made the most influential attack on Lombroso’s work about biological criminal type by
conducting a study on the facial and other measurements of criminals and non-criminals. The study he has conducted is
referred to as Craniology, the study of the external formation of the skull, in relation to behavior. He found out that criminals
are physically inferior to normal individuals in the sense that they tend to be shorter and have less weight than non-criminals.

2. Adolphe Quetelet- He was a Belgian Statistician who pioneered Cartography.

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Concept of Criminal Justice System Criminal Justice System

It is the machinery used by the society to prevent and control crime. It is the tool of a democratic government to
protect the society against criminality and other peace and order problems. An integrated apparatus that is concerned with
apprehension, prosecution, trial, conviction, sentencing, and rehabilitating or correcting criminal offenders. The process is the
totality of the activities of law enforcers, fiscals, defense lawyers, judges, and correctional institutions, as well as those of the
mobilized community in crime prevention and control.

Criminal – a person who has been convicted by court for the violation of laws (criminal laws or special laws), rules and
regulations.
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 8
Justice – the ordering of human relations in accordance with the general principles of laws impartially applied. Justice,
according to the SC of the Philippines, is symbolically represented by a blindfolded woman, holding with one hand a sword
and with the other a balance. This personification simply means that justice is administered without respect to persons,
equally to the poor and the rich.

System – A process, method, scheme, arrangement or structure. CJS is a system in the sense that it processes individuals who
have violated laws from the police pillar, prosecution, court, correction and community for the sole purpose of achieving
justice.

Criminal Justice System structure in the Philippines

1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Mobilized Community

Goals of the Criminal Justice System

1. Primary Goals
 To protect the members of the society; and
 To maintain peace and order.

2. Important Sub goals


 Crime prevention
 Suppression of criminal activities by apprehending the violators

Purpose of the Criminal Justice System – To process those who have been properly accused or charged so as to achieve
justice.

The system-like processes in the Philippine criminal justice system

1. The police are responsible for gathering evidence and arresting the suspected law violators.
2. The prosecutor is responsible for evaluating the evidence gathered and decides whether it is sufficient to warrant the filing
of charge/s against the violators.
3. The defense lawyer whether privately acquired or provided by the government is responsible for defending the accused or
defendant.
4. The judge during trial serves as an arbitrator in the court and ensures that the defense and prosecution adhere to the legal
requirements of introducing evidence and examining/ cross examining the statement/s of the witnesses
5. The judge at the end of the trial renders the decision over the case.
6. The probation officer conducts pre-sentence investigation that will serve as additional basis of the judge in the
determination of sentence; and supervise convicted defendants placed on probation.
7. The defendant if convicted and sentenced, the prison receives and keeps them until the parole boards grants them parole or
if they have completed their sentence.
8. Finally, the parole and probation administration assists the release of the prisoners in their return to the community.

An overview of the 5 Pillars of CJS in the Philippine Setting:

1. LAW ENFORCEMENT – The first pillar which is known as prime movers of the CJS.

2. PROSECUTION PILLAR – The second pillar takes care of the investigation of the complaint. In rural areas, the PNP
may file the complaint with the inferior courts (i.e. the MTC or MeTC or MCTC). The judges of this inferior courts act as
quasi prosecutors only for the purpose of the preliminary investigation.

Once a prima facie case has been determined, the complaint is forwarded to the city or provincial Prosecutor’ office that will
review the case. When the complaint has been approved for filing with the RTC, a warrant of arrest will be issued for the
accused once the information has been filed.

3. COURTS PILLAR – The third pillar of the CJS is the forum where the prosecution is given the opportunity to prove that
there is a strong evidence of guilt against the accused. It is also the courts that the accused is given his “day in court” to
disprove the accusation against him.

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 9


The constitutional presumption of innocence of any person accused of a crime unless prove otherwise. This means that the
courts must determine the guilt of the accused – beyond reasonable doubt – based on the strength of the evidence of the
prosecution. If there is a reasonable doubt that the accused committed the crime, he has to be acquitted. The Rules of Court,
however, provides that the accused can be convicted of a lesser crime than the crime he has been charged within the
information. But the elements of the lesser offense charged, and such lesser crime was proven by competent evidence.

4. CORRECTIONS PILLAR – The fourth pillar takes over once the accused, after having been found guilty, is meted out
the penalty for the crime he committed. He can apply for probation or he could be turned over to a non-institutional or
institutional agency or facility for custodial treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentenced

When the penalty is imprisonment, the sentenced is carried out either in the municipal, provincial or national penitentiary
depending on the length of the sentenced meted out.

5. COMMUNITY PILLAR – The fifth pillar has a two-fold role.

First, it has the responsibility to participate in law enforcement activities by being partners of the peace officers in
reporting the crime incident, and helping in the arrest of the offender. Second, it has the responsibility to participate in the
promotion of peace and order through crime prevention or deterrence and in the rehabilitation of convicts and their
reintegration to society.
Rehabilitation takes place when the convict is serving his sentence. A convict may be paroled or may even be placed on
probation.

Under the concept of a participative criminal justice system in the Philippines, public and private agencies as well as
citizens, become involved with the issues and activities related to crime prevention. Thus, citizen-based crime prevention
groups become part of the CJS within the framework of their involvement in crime prevention activities and in the
reintegration of the convict who shall be released from the corrections pillar into the mainstream of society.

The First Pillar - THE LAW ENFORCEMENT PILLAR

Law Enforcement may refer to the policing body of the society or the police force created by the government. The process of
implementing the laws enacted by the legislative body of the national and local government for the purpose for protecting
life, rights and properties of the people while maintaining the peace and order of the society. Law enforcement, as an activity,
is therefore synonymous to police operations.

Historical Background

PRE-SPANISH REGIME – The police under the Philippine setting, evolved from the practice of different tribes to select
able-bodied young men to protect their villages, not from the assault of criminals but from the depredation of wild animals
that prey on their crops and livestock during night. These young men, who walk around to protect their village during the
night, need not to work in the field during the day. The village council has agreed that they were given equal share of the
harvest for their family.
The Baranganic Society: Village Chief – Administrative leader of the community. Although his position has become
hereditary, it was originally intended by an exhibition of a greater prowess and valor. Since the original basis for leadership
was his superior personal attributes, he could be replaced if for some reason his positioned weakened.

Freemen – assists the chief with work involving the welfare of the community. Laws: Unwritten; Written – Code of
Kalantiaw (1433) & Maragtas code (1257)

SPANISH REGIME – Police service during the Spanish regime to the 19th century was looked upon the Spanish
government as part of the military system of the defense colony. So the locally organized police forces, although performing
civil duties and seemingly created for the sole purpose of maintaining peace, were in fact adjuncts of the colonial military
establishment.

1. Carabineros de Seguridad Publico (mounted police) – Organized in 1712 to carry out the regulations of the department
of state. Discharge the duties of port, harbor and river police

2. Guardrilleros – A body of rural police organized in each town. Established by the royal decree of January 8, 1836

3. Guardia Civil – Created by Royal Decree issued by the crown of February 12, 1852 to partially relieve the Spanish
Peninsular troops of their work in policing the towns. Consists of Filipino policemen organized originally in each of the
provincial capitals of the Alcalde (Governor).
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 10
THE AMERICAN OCCUPATION – The American occupation of the Philippines that came after the Filipino-American
war from 1898 - 1901 was followed by a period of political ferment and social equilibrium.
On November 30, 1900, the Philippine Commission recommended to the secretary of war the organization of the Insular
Police Force. Soon after the establishment of the civil government in 1901, Gen. Howard Taft became the first civil governor
of the Philippines.
1. Manila Police Department – was organized by virtue of Act no. 183 of the Philippine Commission on July 31, 1901.
Capt. George Curry – First Chief of Police

2. Insular Constabulary – Created under Act no.175 of the Philippine Commission on August 01, 1901. “ An act known as
providing for the organization and government of an Insular Constabulary. It became the first Insular Police of the
Philippines. It was manned mostly by Filipinos. Capt. Henry T. Allen – First Chief of the Philippine Constabulary.

3. The Philippine Constabulary (PC) – Insular Constabulary became the “Philippine Constabulary” by section 1, Act n o.
225 on October 3, 1901. Under the technicality of the law, the PC is the national police institution for preserving peace and
for enforcing the law.

The PC becomes one of the four major services of the AFP pursuant to E.O. 389 dated December 23, 1940.

THE JAPANESE OCCUPATION – The Japans military police known as the “Kempetai” were held responsible in
maintaining peace and order in manila. The Manila police was renamed Metropolitan Constabulary under the bureau of
constabulary.

THE RETURN OF THE AMERICANS – The Philippine executive commission on February 7, 1945, Gen Mac Arthur
returned to the Philippines. The Manila police was again placed under the American control. On July 04, 1946, Philippine
Independence was declared.

The Civil Service Law – The civil service law governed the appointment and promotion of the police, thus, the Chief of
Police and any of his subordinates in the matter of their appointment and retention in the police service were under the
pressure of the mayors, regardless of their qualifications so long as they can read or write.
But most of the appointees are the bata-bata or political follower of the mayor. All members of the municipality/ city police
force were then employees of the respective local government units. Thus, the national government had no share at all in the
control and connection with the mayor could be appointed in the police service without due regard of his educational
qualification and eligibility.

National Police Commission (NAPOLCOM) – Republic Act no. 4864, otherwise known as the Police Act of 1966, dated
September 08, 1966, created under the office of the President. Originally, the NAPOLCOM was created as the supervisory
agency to oversee the training and professionalization of the local police forces.

Under this act, the city/ municipal police forces and its personnel were under the administrative and operational control and
supervision of the office of the president through the office of the NAPOLCOM. Their individual salaries were partly
subsidized by the national government while the first half was paid for by the local government units.

Executive Order No. 1040 – Transferred the administrative control and supervision of the Integrated National Police (INP)
from the Ministry of National Defense (MND) to the office of the National Police Commission. The order superseded
Executive Order no. 1012, which transferred to the city and municipal governments, the operational supervision and direction
over all PNP units.

Martial Law Regime and Presidential Decree no. 765 – During the martial law, the PC/ INP contradicts the principle of
the police as civilian in character and national scope because the PC is a major branch of the AFP. P.D. 765 was established
in August 8, 1975, which put the National Police Commission under the office of the Ministry of National Defense.

Republic Act no. 6975 – An act establishing the PNP under the reorganized department of the interior and local government
and four other purposes. December 13, 1990 – date of approval. PPSC – the premier educational institution for training
human resources development and continuing education of all personnel of the PNP, BFP, and BJMP. 1987 Phil.

Constitution (Art XVI, Sec. 6) – Nature of police organization – It is national in scope and civilian in character. It means
that no element in the police force shall be military nor shall active members of the AFP thereof occupy any position.

Republic Act no. 8551 – It is known as “The PNP reform and reorganization act of 1998”. February 25, 1998 – date of
approval. March 6, 1998 – date of effectivity Republic Act No. 9708 – Amending RA 8551 which extends the fulfillment of
education requirement for another 5 years (Up to August, 2014). Another is, those with pending criminal case is not a bar for
promotion (exception supplied).

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 11


TERMS TO PONDER:

 Arrest – the legal taking of a person into custody in order that he may be bound to answer for the commission of an
offense (Sec. 1, Rule 113, RRC).

 Arrest Warrant – An order in writing, issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to take a person into custody in order that he may be bound to answer
for the commission of an offense.

 Miranda Doctrine – rule or principle in criminal jurisprudence that requires mandatory pre-interrogation warnings
concerning self-incrimination and the right to legal counsel of the suspect. Miranda doctrine mandates that prior to
any questioning, the police must make known to the suspect that:
 He has the right to remain silent; that anything he says can and will be used against him in the court of laws;
 He has the right to hire and consult with an attorney, and to have his counsel present during questioning; if he
cannot afford to hire a counsel, one will be appointed to represent him before any questioning, if he wishes one; and
 He cannot waive these MIRANDA rights except in writing and in the presence of a counsel.

 Standard methods of crime scene search:


o Strip search
o Grid search – double strip search
o Spiral search – Circular mated
o Wheel method
o Zone or quadrant search

 Search – an examination of an individual’s person, house papers, or effects, or other buildings and premises to
discover contraband or some evidence of guilt to be used in the prosecutions of a criminal action Search and
Seizure – the legal act of searching for a personal property and taking custody of such property for the purpose of
bringing it to court. Search

 Warrant – an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to
a police officer, commanding him to search for personal property described therein and to bring it before the court.

 Deposition – the legal term of statement of suspects, victims, or witnesses regarding a criminal incident stating the
facts of the crime, which was put in writing.

 Sworn statement – a deposition given by a suspect or hostile witnesses who is under investigation of a crime that is
put in writing and is usually in the form of question and answer.

 Affidavit – the statement of the offended party or the witnesses regarding the crime under investigation that
specifies the facts of case as perceived by the victim or witness and is notarized by a private counsel or the
prosecutor

 Public Relations – the act of bringing about the better understanding, confidence and acceptance of individual or an
organization

 Police Public Relations – the continuing process of obtaining the goodwill and cooperation of the public by the
police for effective enforcement of laws and accomplishments of objectives.

 Human Relations – Consists of those fundamental precepts both moral and legal, which govern the relationships of
men in all aspects of life.

 Public Safety – the end result of all operations conducted by the three primary bureaus of the DILG: the PNP, BFP,
and BJMP.

The 2nd Pillar - PROSECUTION PILLAR

Prosecution may refer to the agency responsible in presenting the government’s position in criminal cases and evaluating
evidences presented by the law enforcement. Prosecution is the legal process/ method by which an accusation is brought to
the court (or any judicial and quasi-judicial body) for proper adjudication/ arbitration (settlement).
Prosecution Agencies

1. Government Agencies
a. National Prosecution Service
b. Office of the solicitor General (State Prosecutor)
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 12
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal Prosecutors
f. PAO

2. Private and NGO’s


a. Integrated Bar of the Philippines (IBP)
b. Citizens Legal Assistance Office (CLAO)
c. Free Legal Assistance Group (FLAG)
d. Other legal aid lawyer associations

Functions of the Prosecution Agencies

1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual persons
2. File corresponding criminal complaints of information in the proper courts on the basis of their evaluation on the proofs at
hand; and
3. Prosecute all alleged offenders in court, in the name of the People of the Philippines.

Prosecutor – A public officer having authority to conduct legal actions concerning the complaint filed at his office and
perform other prosecution functions (legal proceeding against person) as provided by law. The prosecutor is not just an
ordinary official of the government; he is an officer of the court whose criminal responsibility under the law is to carry out
the administration of CJS thru an adequate examination of the offense charged and to decide whether or not to prosecute a
person without sacrificing fairness and justice.

The prosecutor has dual function/ duty:

1. As a prosecutor per se: Basically, the prosecutor represents the government position in criminal case during court
proceedings from the time of the suspect’s arrest until the adjudication of his case.
2. As the chief Law Enforcement officer: The prosecutor has the inherent responsibility to supervise all criminal cases under
investigation by the local police force as well as non-prosecution police oriented activities.

The Prosecution Process:

1. Filing of Complaint. Complaint – a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer or other public officer charged with the enforcement of the law violated. (Sec. 3, Rule 110,
RRC)

2. Preliminary Investigation – An inquiry or proceedings for the purpose of determining whether there is sufficient ground
to engender a well-founded belief that a crime has been committed and that the suspect/respondent is probably guilty thereof,
and should be held for trial. (Sec. 1, Rule 112, RRC)

Inquest – an informal summary investigation conducted by a public prosecutor in criminal cases involving persons arrested
and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not the
person should remain under the custody and correspondingly be charge in court.

Information – an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the
court.

Bail – the security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions specified by the court (Sec. 1, Rule 114). The forms of bail that
maybe posted by the accused could be:

a. Cash Deposit – the money that is deposited in cash with the nearest collector of internal revenue or to the local treasurer by
the accused person acting in his/ her own behalf.

b. Corporate Surety – a bond subscribed jointly by the accused and an officer duly authorized by the board of directors of
any domestic or foreign corporation licensed as surety provider in accordance with law and currently authorized to act as
such.

c. Property Bond – an undertaking constituted as lien on the real property given as security for the amount of bail.

d. Recognizance – a written promise to appear in court proceeding conducted for the purpose of trial or any judicial
proceeding of a case under investigation.
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 13
Detention – The act of restraining one’s liberty. Detention maybe applied to:

Accused persons who cannot post bail while their case is under trial or investigation.
Accused persons who are waiting for the court’s decision of their case; and
Minors and insane people who need police custody for security or protection purposes.

Complaint distinguished from information:

A. Complaint – a sworn written statement charging a person with an offense, subscribed by the offended party, any peace
officer or other public officer charged with the enforcement of the law violated.

Who may file a complaint?

1. The offended party;


2. any peace officer;
3. any public officer charged with the enforcement of the law violated.

Where to file a complaint? To the prosecutor’s office; or Information – is an accusation in writing charging a person with
an offense subscribed by the prosecutor and filed before the court.

Who may file information? The prosecutor

Where to file information? To the court Sufficiency of a complaint or information: A complaint or information is
sufficient if:
1. states the name of the accused;
2. designates the offense by the statute;
3. states the acts or omissions complained of that constitutes the offense;
4. states the name of the offended party;
5. states the approximate time and place of the commission of the offense; and
6. when an offense is committed by more than one offense, all of them shall be included in the complaint or information.

NOTES:
 A criminal action is instituted by filing the complaint to the appropriate officer (prosecutor) for the conduct of
preliminary investigation.
 Filing the complaint or information to the court commences a criminal action/ case.
 The filing of the complaint interrupts the prescriptive period of the case.

The 3rd Pillar - The COURTS

Court – a body to which the public administration of justice is delegated. It is a tribunal officially assembled under authority
of law at the appropriate time and place for the administration of justice thru which the government enforces its sovereign
rights and powers. The court is an entity or body in which a portion of judicial power is vested.

Court – is an entity in the government organized in the proper administration of justice at the time and place prescribed by
law. It is an entity in which a portion of the judicial power is vested.
Judge – is a public officer so named in his commission and appointed to preside over and to administer the law in a court of
justice.

Administration of justice – is the process of determining the relevant facts of a case for the purpose of resolving a
controversy. By definition, justice administration involves two (2) things:
the ascertainment or determination of the relevant facts of a controversy, and
the application of the law to those facts in order to resolve the controversy.

Judicial power – is the power to apply the laws of the land to contests or disputes concerning legally recognized rights or
duties between: the government and private persons; individual parties/ litigants in cased properly brought before
courts.Judicial power is vested in the Supreme Court and such inferior courts as may be established by law.

Judicial Independence – is the freedom of the court to settle legal controversies or disputes “with an impartial eye and an
even hand,” and bowing to no one except the law.

Power of judicial review – is the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to
declare any legislative or executive act invalid because it is in conflict with the fundamental law.

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 14


Preliminary Investigation – is an inquiry or proceeding for the purpose of determining whether there is a sufficient ground
to engender a well-founded belief that a crime cognizable by the RTC has been committed and that the respondent is
probably guilty thereof and should be held for trial (Sec 1, Rule 112, RRC).

Basic Court System in the Philippines

Here in the Philippines the regular courts engaged in the administration of justice are organized into four (4) levels or tiers.
At the highest level in the Supreme Court and below it are the three levels composing the lower courts. They are collectively
known as the judiciary. As thus organized, they comprise what is referred to as Integrated Judicial System.

Jurisdiction – is the power and authority of a court to hear, try, and decide a case. Jurisdictions of the court are general,
limited, original, appellate, exclusive, concurrent, criminal and civil.

Venue – refers to the place where a case should be heard, tried and decided.

Types of Court Jurisdiction:

1. General Jurisdiction – when the court is empowered to decide all disputes that may come before it except those assigned
to other courts.
2. Limited Jurisdiction – when the court has authority to hear and determine only specified cases.
3. Original jurisdiction – when it can try and decide a case presented for the first time.
4. Appellate jurisdiction – when it can try a case already hear and decided at the lower court removed from the latter by
appeal.
5. Exclusive jurisdiction – when it can try and decide a case that cannot be presented to any other court.
6. Concurrent jurisdiction – when any two or more courts may take cognizance of a case.
7. Criminal jurisdiction – jurisdiction to try a case where there is punishment or penalty provided by the law.
8. Civil jurisdiction – the jurisdiction that exists when the subject matter is not of criminal nature.
9. Territorial jurisdiction – the jurisdiction that exist basing on the place of commission of the offense.

Decision – is the judgment rendered by a court of justice or other competent tribunal after presentation of the respective
positions of the parties in ordinary or criminal cases or upon a stipulation of facts upon which the disposition of the cased is
based.

Maximum periods for rendering of decisions: By constitutional mandate, the various courts must decide or resolve a case
or matter thereto within the following periods from the date of submission.
1. For the Supreme Court (SC) – within 24 months
2. For the Court of Appeal (CA) and other collegiate appellate courts – within 12 months unless reduced by the SC.
3. For the lower courts (Inferior Courts) – within 3 months unless reduced by the SC

Arraignment – is the stage in court proceedings wherein the clerk of court will read the nature of the charge/s against the
accused/ defendant in the language or dialect that he/ she can understand then he/ she is required to enter a plea of guilty or
not guilty.

Motion to Quash – is a move or motion to set aside; annulment made by an accused of a criminal complaint against him, at
any time before he pleads.

Duplicity or multifariousness of offense – means the joiner of separate and distinct offenses in one and the same complaint
or information.

PRE-TRIAL – a conference conducted before the formal trial proceedings

Subjects of pre-trial conference:

1. plea bargaining
2. stipulation of facts
3. marking of evidence/s for identification
4. waiver of the objections to admissibility of evidence; and
5. such other matters that will promote a fair and expeditious trial

Plea Bargaining – the process of discussion or negotiation between the defense counsel and the prosecutor, aimed at
reaching an agreement whereby the prosecutor uses discretion to obtain from the judge a lighter sentence in exchange of the
defendant’s entering of plea of guilty.

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 15


TRIAL – is a judicial examination and determination of the issues in an action or proceeding, civil or criminal. In criminal
procedure, trial means all the proceedings in open court after the pleadings are finished and the prosecution is otherwise
ready, done to and including the verdict.

Judgment – the adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of
the proper penalty and civil liability provided for by law on the accused.

Promulgation of Judgment – is the process of reading the judgment in the presence of the accused and the judge of the
court in which it was rendered.

New trial – is a re-examination of the issue in the same court and party litigants, whereby errors of law or irregularities are
expunged from the record, or new evidenced is introduced, or both steps are taken, upon motion of the accused, or at the
instance of the court with the consent of the accused.

Motion for reconsideration – It contemplates no new hearing or proceeding of any kind or change in judgment is
accomplished on the basis of what is already in the record.

APEAL – a request that a case be removed from the lower court to the higher court for the purpose of conducting judicial
review.

4th Pillar - CORRECTION

Correction – is one branch of criminal justice concerned with the custody, supervision, and rehabilitation of convicted
offenders.

Correction administration – is the study and practice of systematic management of jails, prison, and other institutions
concerned with the custody, treatment, and rehabilitation of persons who have been convicted of crimes or who have been
adjudicated (judged) as persons with delinquent behaviors.

Penology – It came from the Latin word POENA, which means pain and suffering. It refers to the study of the punishment of
crimes or of criminal offenders.

Penal Management – the manner or practice of managing or controlling places of punishment.

Penitentiary – Derived from Latin word “penitentia” meaning penitence, and was coined by an English prison reformer John
Howard. It is a place of long term confinement, especially the one operated by the state or government as a place of
confinement and correction of those convicted of serious crimes.

Prison – It is synonymous with penitentiary, a classical place of torture and extreme hardship (Traditional definition). It is an
institution for the incarceration or compulsory confinement of persons convicted of major/ serious crimes.

Jail – is a place for locking-up persons who are convicted of minor offenses or felonies. It refers to a local or temporary place
for confinement of criminal offenders, as distinguished from prison.

Historical Background of Penology

Pre-Christian Era

The Code of King Hammurabi (1890 BC, Babylon) – It is credited as the oldest code that prescribed savage punishment to
outlaws. However, some authors/ historians claimed that the Sumerian Codes were nearly 100 years older.

Twelve Tables (451-450 BC, Roman Empire) – The code of laws written on 12 wooden tablets) was recognized as the
earliest codification of the Roman laws. The influence of the 12 tables extended until the 6th century AD when it mostly
incorporated in the Justinian Code. (529 AD) Burgundian Code (500 BC). It specified punishment according to the social
class of offenders, dividing them into nobles, middle and lower class, and specifying the value of the life of each person
according to his social status.
Early years of the Christian Era (A.D. years) The lex taliones (Law of vengeance) or the principle of “an eye for an eye, a
tooth for a tooth” has been also practiced.

Benefit of the Clergy – The system provided escape from severe punishment to those members of clergy such as ordained
priests, monks and nuns by subjecting them to the jurisdiction of ecclesiastical courts. Ecclesiastical punishments were more
lenient because the focus of the church was on penance (self-punishment) and salvation (deliverance) of the soul rather than
administering physical punishment for the purpose of deterrence or revenge.
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 16
Ordeal – the church substitute for a trial until the 13th century, wherein guilt or innocence was determined by the ability of
the accused to unharmed through dangerous and painful test.

Charlemagne – In Latin he was Carolus Magnus (Charles the Great), king of the Franks (768-814) and emperor of the
Romans (800-814). During his reign, he built a kingdom that included almost western and central Europe. He gave bishops
the power to act as real judges that enabled bishop tribunal to rule on secular matters.

Early 12th Century in England Compensation (recompense or payment) by the outlaws became a practice of the ruling
society. Payments given by the law violators were the source of revenue for the English Kings.

Mid-12th Century in England Cat-o-nine-tails – a lash of 9-knotted thongs of rawhide attached to a solid handle, used in
flogging/ whipping, which was the most popular method of corporal punishment in the 18th century.

Public Exhibition or public humiliation – it became a serious penalty. This was common when the people became more
aware of the value of man’s dignity and integrity.

Detention facilities came into existence such as cellars, gatehouses and towers. These places were not however purposely or
intentionally made foe imprisonment but only for detaining delinquent persons.

13th Century

Securing Sanctuary – During the 13th century, a criminal could avoid punishment by claiming to a foreign place. A
criminal was compelled to leave his community by following a road or path assigned to him. 1468 in England – Torture
became a favored form of punishment.

16th Century

Transportation of Criminals – In England, this practice was authorized at the end of the 16th century followed by Russia and
other European countries. This system partially relieved overcrowding of prisons. Transportation system was abandoned in
1875.

IMPRISONMENT AS A SYTEM OF PUNISHMENT

Punishment – is the penalty imposed for the transgression of law. It refers to any ill suffered in consequence of wrongdoing.
There two (2) major goals of punishment: to inflict deserved suffering on evil doers; and
to prevent crime.

Penalty – refers to the consequences (such as suffering, detriment, etc.) that follow the transgression of laws. Strictly
speaking, it is the judicial punishment for crime or violation of law.

Imprisonment – refers to the state or condition of being constrained, restrained, or incarcerated in confined room or
building. It is actually a form of conventional punishment of criminal offenders.

Detention – The state or condition of being restrained confined or under custody, which is usually temporary. The legal
grounds of detaining a person are as follows: commission of an offense; and violent insanity or any other ailment requiring
compulsory confinement in a hospital.

ANCIENT FORMS OF PUNISHMENT

1. Death Penalty – it was effected by burning, boiling in oil, breaking at the wheel, drowning, whipping, hanging, stoning,
etc.
2. Physical Torture – so called the corporal punishment, and it was effected by whipping, flogging, lashing, etc.
3. Social Degradation (Public Humiliation) – or public exhibition was practiced for the purpose of putting the offender to
shame or humiliation. This was effected by branding, use of ducking stool, etc.
4. Banishment – the practiced of sending or putting away a criminal. Prohibiting him to come or enter a specified territory,
such as an island to where the offender has been removed, carried this.
5. Compensation – it was practiced to force to force an offender to directly pay the damages he has inflicted to his victim.

CONTEMPORARY FORMS OF PUNISHMENT

IMPRISONMENT – the legal process of confining the offenders in prison for the purpose of protecting the public and at the
same time rehabilitating them while undergoing institutional treatment program.
POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 17
Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near or
enter the 25 km-perimeters.

Fine Civic Duties Parole – this is a conditional release after the prisoner has served the minimum of his sentenced in prison
for the purpose of gradually re-introducing him to free life under the guidance and supervision of a parole officer.

Probation – A disposition whereby a defendant, after conviction of an offense the penalty of which does not exceed six years
imprisonment, is released subject to the conditions imposed by the court and under the supervision of a probation officer.

Justification of Punishment:

1. Retribution – Criminals should be punished because they deserved it. The punishment should be provided by the state
whose law was violated.
2. Expiation or Atonement – Punishment that is given to the offender must be in the form of group vengeance. The purpose
of this is to appease the offended public or group. Punishment, therefore, is an amendment of wrongdoing.
3. Deterrence or Exemplary – Punishment gives lessons not only to the offender but it will show to other people what
would happen to them if they break the law.
4. Protection – Punishment maybe effected by placing offenders in prison. The society is protected from further depredations
of criminals if they are all imprisoned immediately after committing a crime.
5. Reformation – The society’s interest can be better served by helping the prisoner become a law abiding citizen and
productive upon his return to the community by requiring him to undergo an intensive program or rehabilitation in prison.

Duration of Penalties:

1. Reclusion Perpetua – Imprisonment of 20 years and 1 day to a maximum of 30 years


2. Reclusion Temporal – Imprisonment of 12 years and 1 day to 20 years
4. Prision Mayor – Imprisonment 6 years and 1 day to 12 years
5. Prision Correctional – Imprisonment of 6 months and 1 day to 6 years
6. Suspension –
7. Destierro – within a radius of 25 km to 250km.
8. Arresto Mayor – Imprisonment of 1 month and 1 day to 6 months
9. Arresto Menor – Imprisonment of 1 day to 1 month
10. Bond to Keep the Peace – The amount of fine to be imposed is discretionary with the court.

Judicial Conditions of Penalty:


1. Productive of Suffering without however affecting the integrity of the human personality
2. Commensurate With The Offense – Different crimes must be punished with the different penalties
3. Personal – No proxy allowed
4. Legal – The consequence of the punishment given to the offender must be in accordance with law.
5. Equal – must be impartial to all
6. Certain – when the punishment is to be implemented, no one must escape its affects.
7. Correctional

PHILIPPINE PRISON SYSTEM Prison – it is sometimes referred to as penitentiary, is an institution for the imprisonment
of person convicted of serious crimes. Jail – A place for locking-up a person who are convicted of minor offense or felonies.
It is a local or temporary place for confinement of criminal offenders, as distinguish from prison.

Prisoner – A person who is under custody of a lawful authority. He is a person who, by reason of his criminal sentence or by
a decision issued by the court, may be deprived of his liberty/ freedom.

The Philippine Prison System


The basic law on the Philippine System is found in the RAC (From sections 1705 to 1715). This is called the prison law. The
prison law states that the head of the Bureau of Prison (BOC) is the director of Prisons who is appointed by the President of
the Philippines with the confirmation of the Commission on Appointments. The BOC has general supervision and control of
national and provincial prisons and all penal settlements. The BOC is charged with the safekeeping of all prisoners confined
therein or committed to the custody of the said Bureau.
National or Insular Prisons – administered by the Bureau of Corrections.

The New Bilibid Prison (NBP) – The original Bilibid Prison was built on 1847 and became the central place of confinement
of Filipino prisoners. The New Bilibid prison today operates two satellites units:

Camp Bukang Liwayway – minimum security prison


POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 18
Camp Sampaguita – institutions found in it are the: Reception and diagnostic center (RDC) Medium Security Unit, and
Youth Rehabilitation Center.

Penal Colonies/ Territories:

1. San Ramon Prison and Penal Farm – an institution for the confinement of political prisoners that is located in
Zamboanga. This prison was named after its founder, Capt. Ramon Blanco of the Spanish Royal Army

2. Iwahig Penal Colony – established to serve an institution for incorrigibles. Founded by Governor Forbes. IPC is now
regarded as the best open penal institution. The IPC administers the Tagumpay Settlement, which covers 1,000 hectares.

3. Davao Penal Colony – located in Central Davao. It was established on January 21, 1932 in accordance with act 2732 and
proclamation no. 414 series of 1941. The first contingent or prisoners that opened the colony was led by Gen. Paulino Santos
(founder).

4. Correctional Institution for Women – located in Mandaluyong. It was established in an 18-hectare piece of land by
virtue of act # 3579 approved on November 27, 1929. It is the only penal institution for women in the Philippines.

5. Sablayan Penal Colony and Farm – located in Occidental Mindoro. It was established on September 27, 1954 by virtue
of proclamation # 72 on a 16,000-hectare of their virgin land in Sablayan.

The Philippine Jail System

Provincial Jails – Supervised and controlled by the provincial government with its jurisdiction. These are administered by
the BOC.
City or Municipal Jail – These are institutions that are administered by the Bureau of Jail Management and Penology
(BJMP).
.
Types of Jails:
1. Lock-up – a security facility, common in police stations or precincts in urban areas, which is used temporarily, detaining
those persons being held for investigation or waiting preliminary hearing of their criminal cases.
2. Ordinary jail – the type of jail commonly found in every municipality or city. It is a place that houses the offenders
awaiting court trial and those convicted offenders who are serving there sentence of imprisonment that does not exceed 3
years.
3. Work House, Jail Farm or Camp – a facility that houses minimum custody offenders who are serving short sentences;
inmates undergo constructive work programs.

Laws Enacted to decongest the Jails:

1. RA # 6036 – a law issued to decongest the jail by requiring bail to a person charged with violation of municipal or city
ordinance or a light felony and or criminal offense where the prescribed penalty is not higher than six months imprisonment
or a fine of two thousand pesos.
2. RA # 6127 – a law which grants full time credit under certain conditions of offenders who have undergone preventive
imprisonment in the service of their sentence.
3. PD # 968 – (probation law) as amended by PD 1257 – a law which provides that an accused may file a petition for
probation after the imposition of the sentence by the court but before the accused shall have started serving sentence, under
certain conditions.
4. PD # 603 – (the Child and Welfare Code) – as amended by PD 1179 – a law which provides that when a youthful offender,
if unable to furnish bail, shall from the time of arrest be committed to the care of the department of social welfare or the local
rehabilitation center or a detention house in the province or city which shall be responsible for his appearance in court
whenever required.
5. RA 9344 – Juvenile Justice Welfare Act.

Classification of Prisoners under PD # 29

1. Municipal Prisoners – 1 day to 6 months


2. City Prisoners – 1 day to 3 years
3. Provincial Prisoners – 6 months to 3 years
4. Insular/ National Prisoners – 3 years 1 day or more

Classification Of Prisoners According to Degree of Security

1. Super Maximum Security Prisoners


POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 19
2. Maximum Security Prisoners – Those whose minimum sentence is more than twenty (20) years or more
3. Medium Security Prisoners – These prisoners include: (a) Those whose minimum sentence is less than 20 years; (b)
Those prisoners with 2 or more records of escape and at least 8 years of service, and with 1 year of minimum service and 5
years of maximum service.
4. Minimum Security Prisoners – They occupy Camp Bukang Liwayway and they wear brown uniforms. They include the
following:
Invalid offenders – those with physical disabilities
Prisoners/ offenders over 65 years of age

5th Pillar COMMUNITY PILLAR

The Community refers to the civilian populace in , municipalities or public in general, and can be use interchangeably with
public, citizenry, society, or private sector.

What makes the Community as a Pillar?

1. Family – Refers to the basic social group united through bonds of kinship or marriage, present in all societies. It is the
primary institution that molds a child to become a law abiding person or a delinquent.

2. School – The second integral stage of the behavioral/social development process is the school. It is said that the school is
an extension of the home having the strategic position to control crime and delinquency. It exercises authority over every
child that enters its jurisdiction. The teachers are considered second parents having the responsibility to mold the child to
become productive members of the community by devoting energies to study the child’s behavior using all available
scientific means and devices in an attempt to provide each the kind and amount of education they need.

3. Church – The church is the institution that provides a place for public worship and the services needed to enhance the
spiritual and moral character of an individual. The church influences people’s behavior with the emphasis on morals and
life’s highest spiritual values, the worth and dignity of the individual, and respect for people’s lives and properties. The
church generates a strong will of the people to oppose crime and delinquency.

4. Mass Media – It is the best institution for information dissemination thereby giving an opportunity to the public to know
the necessary facts of life that help them shape their daily views about crime and its control.

5. Non-Government Organization – NGO’s are private organizations that are civic oriented and thus promote peaceful and
productive society. These are groups of concerned individuals responsible for helping the government to pursue community
development. They serve as partners of the government institutions in providing common services for public good and
welfare, thus preventing criminality and maintaining peace and order.

Two (2) Fold Roles of the Community as a Pillar of CJS


1. To participate in Law Enforcement Activities.
2. To participate in the promotion of Peace and Order

PD 1508 – The old “Katarungang Pambarangay Law”.

RA 7160 – The Local Government Code of 1991.

Chapter 7, Sections 399-422, RA 7160 – Now embodied the “Katarungang Pambarangay Law.

CHAPTER VII (RA 7160) Katarungang Pambarangay Lupong Tagapamayapa – composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years. Any person actually
residing or working, in the barangay, not otherwise expressly disqualified by law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the lupon.

Secretary of the Lupon – The barangay secretary shall concurrently serve as the secretary of the lupon.

Pangkat ng Tagapagkasundo – Consists of three (3) members who shall be chosen by the parties to the dispute from the list
of members of the lupon.

Character of Office and Service of Lupon Members – The lupon members, while in the performance of their official
duties or on the occasion thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.

Subject Matter for Amicable Settlement:

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 20


The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or
municipality for amicable settlement of all disputes except:
a. Where one party is the government, or any subdivision or instrumentality thereof;
b. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;
c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to
submit their differences to amicable settlement by an appropriate lupon;
f. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;
g. Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of
the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time
before trial motu propio refer the case to the lupon concerned for amicable settlement.

Procedure for Amicable Settlement:


a. Who may initiate proceeding - Any individual who has a cause of action against another individual involving any matter
within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.
b. Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next working day
summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a
mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the
parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this
Chapter.
c. Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause of action under existing laws shall be interrupted
upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant
of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat
secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the
punong barangay.
d. Issuance of summons; hearing - The pangkat shall convene not later than three (3) days from its constitution, on the day
and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for
amicable settlement.
e. Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15)
days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be
extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases.

Conciliation –

a. Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving any matter
within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication,
unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation
or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat
chairman or unless the settlement has been repudiated by the parties thereto.
b. Where Parties May Go Directly to Court. - The parties may go directly to court in the following instances:
 Where the accused is under detention;
 Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;
 Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support pendente lite; and
 Where the action may otherwise be barred by the statute of limitations.

c. Conciliation among members of indigenous cultural communities. - The customs and traditions of indigenous cultural
communities shall be applied in settling disputes between members of the cultural communities.

Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and arbitration award shall have the
force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of
the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court.

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 21


Execution. - The amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) months
from the date of the settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city
or municipal court.

Repudiation. - Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by
filing with the lupon chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence,
or intimidation. Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as
hereinabove provided.

Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon shall transmit the settlement
or the arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the
lapse of the ten-day period repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement
and the lupon chairman.

JUVENILE DELINQUENCY AND CRIME PREVENTION

Juvenile Delinquency - It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of
the society. It involves oftentimes misdemeanors, but may include also offenses and felonies. Under RA 9344, juvenile
delinquent are now called child-in-conflict with the law. The use of the word ―juvenile‖ or other similar terms against the
child would amount to a crime of labeling or shaming.

Youthful Offender – is one who is below 18 years of age at the time of the commission of the offense.

Different forms of repetition or habituality of the offender:

a. Recidivism under Article 14 (9) – The offender at the time of his trial for one crime shall have been previously convicted
by final judgment of another embraced in the same title of the Revised Penal Code.
b. Repetition or reiteracion under Article 14 (10) – The offender has been previously punished for an offense which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
c. Habitual delinquency under Article 62 (5) – The offender within the period of 10 years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, is found guilty of the
any of said crimes a third time or oftener.
d. Quasi-recidivism under Article 160 – Any person who shall commit a felony after having been convicted by final
judgment before beginning to serve such sentence or while serving such sentence shall be punished by the maximum period
prescribed by law for the new felony.

HISTORY OF JUVENILE DELINQUENCY

1. Code of Hammurabi – Oldest known code dating from 2270 B.C. Children who disowned their parents and sons who
cursed their father are severely being punished.

2. Roman Law and Canon (Church) law – Approximately two thousand years ago, made distinction between juveniles and
adults based on the notion ―age of responsibility‖.

3. Ancient Jewish Law – The Talmud specified condition under which immaturity was to be considered in imposing
punishment. There was no corporal punishment prior to puberty, which was considered to be the age of twelve for females
and thirteen for males. No capital punishment is to be imposed on those offenders less than twenty years of age.

4. Codification of Roman Law – In 5th century B.C., this law resulted in the ―Twelve Tables‖, which made it clear that
children were criminally responsible for violation of law and were to be dealt with by same criminal justice system as adults.

Children came to be classified as “infans,” “proximus infantiae.”

 In general. ―infans‖ were not held criminally responsible, but those approaching puberty who knew the difference
between right and wrong were held accountable.

 For much of Roman history, ―infantia‖ meant the inability to speak, but in the fifth century A.D. this age is fixed at
seven years and children under that ages were exempt from criminal liability.

 The legal age of puberty was fixed at fourteen for boys and twelve for girls: youth above these ages were held
criminally liable. For children between the ages seven and puberty, liability was based on their capacity to
understand the difference between right and wrong.

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 22


5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction made between adult and juvenile
offenders in England at this time are most significant. Under common law, children under the age of seven were presumed
incapable of forming criminal intent and therefore were not subject to criminal sanctions. Children between seven and
fourteen were not subject to criminal sanctions unless it could be demonstrated that they had formed criminal intent,
understood the consequences of their actions, and could distinguish right from.

POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS 23


wrong (Blackstone 1803, 22-24). Children over fourteen were treated much the same as adults.

6. Chancery or equity courts – Created by the king of England, under the guidance of King’s chancellor.
Chancery courts were created to consider petitions of those who needed special aid or intervention, such as woman and
children who needed protection and aid because of divorce, the death of a spouse, or abandonment, and to grant relief to such
persons. Through the chancery courts, the king exercise the right of parens patria (parents of the country) by enabling these
courts to act in loco parentis (in the place of parents) to provide necessary services for the benefit of women and children. In
other words, the king, as ruler of his country, was to assume responsibility for all those under his rule, to provide parental
care for children who had no parents, and to assist women who required aid for any of the reasons mentioned above.

7. Law of King Aethelstan (924-939 A.D) – Old English law provided penalties for children. Any thief over 12 years old
received a punishment of death if he stole more than 12 pence, (later the amount was reduced to 8 pence). However, with the
passage of time the law was eased for children, and no one under sis teen years could be put to death unless he resisted or run
away.

8. Statute of Artificers (1562) – Stated that children of paupers could be involuntarily separated from their parents and
apprenticed to others.

9. Poor Law Act of 1601 – Provided for involuntary separation of children from their impoverished parents, and these
children were then placed in bondage to local residents as apprentices. Statute of Artificers and Poor Law Act of 1601 were
placed in bondage to local residents as apprentices.

PERSONALITIES

1. Pope Clement XI – In 1704 in Rome, established the Hospital of St. Michael’s, the first institution for the treatment of
juvenile offenders. The stated purpose of the hospital was to correct and instruct unruly youth so they might become useful
citizens.

2. Robert Young – In 1788 established the first private, separate institution for youthful offenders in England. The goal of
the institution was to educate and instruct in some useful trade or occupation the children of convicts or such other infant
poor as engaged in a vagrant and criminal course of life.

3. Albert K. Cohen – The first man who attempted to find out the process of beginning of the delinquent subculture.

Kingwood Reformatory – This was established for the confinement of the ―hordes of unruly children who infested the
streets of new industrial towns‖ of England.

New York Committee on Pauperism – In 1818, the committee gave the term ―Juvenile Delinquency. Its first public
recognition by referring it as a major cause of pauperism.

1899 – The first Juvenile or ―family court was established in Cook County Illinois.

1899 – 1967 – This has been referred to as the era of ―socialized juvenile justice.

THEORIES OF DELINQUENCY

1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist Clifford Shaw and Henry
Mckay. According to social disorganization theory, disorganized areas cannot exert social control over acting-out youth;
these areas can be identified by their relatively high level of change, fear, instability, incivility, poverty and deterioration, and
these factors have a direct influence on the area’s delinquency rate.

2. Anomie Theory - Advocated by Emile Durkheim, anomie is normlessness produced by rapidly shifting moral values, this
occurs when personal goals cannot be achieve using available means.
Anomie refers to a breakdown of social norms and it is a condition where norms no longer control the activities of members
in society. Individuals cannot find their place in society without clear rules to help guide them. Changing conditions as well
as adjustments in life leads to dissatisfaction, conflict, and deviance.

3. Strain Theory - This contend that certain classes are denied legitimate access to culturally determined goals and
opportunities and the resulting frustration, results in illegitimate activities or rejection of the society’s goal.

According to sociologist Robert Merton, although most people share common values and goals, the means for legitimate
economic and social success are stratified by socio economic class. Consequently these youths may either use deviant
methods to achieve their goals or reject socially accepted goals or substitute deviant ones.
Sources of Strain
a. Strain caused by the failure to achieve positively valued goals
b. Strain caused by the disjunction of expectations and achievements
c. Strain as the removal of positively valued stimuli from the individual
d. Strain as the presentation of negative stimuli

4. Differential Opportunity Theory - Delinquent subcultures, according to Richard Cloward and Lloyd Ohlin, flourish in
the lower-classes and take particular forms so that the means for illegitimate success are no more equally distributed than the
24
means for legitimate success. They argue that the types of criminal subcultures depend on the area in which they develop.
Ohlin and Cloward stated that the varying form of delinquent subcultures depended upon the degree of integration that was
present in the community.

Three types of delinquent gangs by Cloward and Ohlin

a. The Criminal Gang. Emerge in areas where conventional as well as non-conventional values of behavior are integrated
by a close connection of illegitimate and legitimate businesses. This type of gang is stable than the ones to follow. Older
criminals serve as role models and they teach necessary criminal skills to the youngsters.

b. The conflict/violent gang. Non-stable and non-integrated, where there is an absence of criminal organization resulting in
instability. This gang aims to find reputation for toughness and destructive violence.

c. The Retreatist Gang. Is equally unsuccessful in legitimate as well as illegitimate means. They are known as double
failures, thus retreating into a world of sex, drugs, and alcohol.

5. Class Conflict Theory. According to Richard Quinney and William Chambliss, conflict theory is based upon the view
that the fundamental causes of crime are the social and economic forces operating within the society. The criminal justice
system and criminal law are thought to be operating in behalf of rich and the powerful social elites, with resulting policies
aimed at controlling the poor. The criminal justice establishment aims at imposing standards of morality and good behavior
created by the powerful on the whole of society. Focus is on separating the powerful from have nots who would steal from
others and protecting themselves from physical attacks. In the process the legal rights of poor folks might be ignored. The
middle class are also co-opted; they side with the elites rather than the poor, thinking they might themselves rise to the top by
supporting the status quo.

6. Differential Oppression Theory. John D. Hewitt and Robert Regoli proposed that much serious juvenile delinquency is a
product of the oppression of children by adults, particularly within the context of family. The maltreatment of children has
been found to be highly correlated with both serious and moderate delinquency as well as other problem behaviors. This
theory argues that adult perception of children force youths into socially defined and controlled inferior roles, including the
socially constructed ―juvenile delinquency‖ role that separates youthful and adult offenders for treatment and control.

7. Differential Association Theory. Asserts that criminal behavior is learned primarily within interpersonal groups and
that youths will become delinquent if definitions they have learned favorable to violating the law exceed definitions favorable
to obeying the law within the group. This theory was introduced by Edwin Sutherland.

8. Social Learning Theory. This theory view that behavior is modeled through observation, either directly through intimate
contact with others, or indirectly through intimate contact with others, or indirectly through media; interactions that are
rewarded are copied, where as those that are punished are avoided. The family may serve as a training ground for violence
since the child perceive physical punishment as the norm during conflict situations with others.

9. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to be bound by the law. Such a
bind between a person and the law remains in place most of the time, they argue. When it is not in place, delinquents will
drift.

10. Labeling Theory. This theory views that youths may violate the law for a variety of reasons, including poor family
relations, peer pressure, psychological abnormality, and pro-delinquent learning experiences. Regardless of the cause of
individuals’ delinquent behaviors are detected, the offenders will be given a negative label that can follow them throughout
life. These label include “troublemaker”, “juvenile delinquent”, “mentally ill”, “junkie” and more.

11. Social Control Theory. This perspective states that members in society form bonds with other members in society or
institution in society such as parents, pro-social friends, and churches, schools, teachers, and sports teams. The social bonds
include the ties and affection that develop between children and key people in their lives; commitment to social norms of
behavior and to

succeed in regards to such values as getting good education, a good job and being successful; involvement in activities; and
finally that most persons are brought up to believe in and respect the law.

12. Self-derogation Theory. Introduced by Kaplan states that all motivated to maximize our self-esteem, motivation to
conform will be minimized by family, school and peer interactions that devalue our sense of self, interactions and behavior
may be self-defacing or self-enhancing.

13. Interactional Theory. Originated by Terrence Thornberry, he viewed that weakening of a child’s social bond as the
fundamental cause of delinquency. The theory examined the changing nature of relationships over the life course. It
emphasized the reciprocal nature between many of the variables used to explain delinquency.

14. Self-control Theory. In short, self-control theory suggests that deviance simply results from the individual’s inability to
effectively control his/her impulses. Self-control theory argues that it is the absence of self-control rather than the presence of
some force or factor such as poverty, anomie, opportunities for deviance, delinquent peers, exposure to definitions favorable
to deviance, etc. that leads to deviance.

25
15. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures with a unique set of values
that clash with the main stream culture. This theory argues that children learn deviant behavior socially through exposure to
others and modeling of others action.

16. Structural Functionalism Theory. Some social structures exert a definite pressure upon certain persons in society to
engage in non-conforming rather than conforming behavior. These structural and ideological dreams can cause great distress
for those who cannot reach these goals. Juveniles who engage in crimes do so, according to these perspective, as a means to
defy societies defined goals and innovate their own goals of delinquent behavior.

17. Rational Choice Theory. They argue in many cases, deviance is a result of highly calculation of risks and awards.
Prospective deviants weigh their own chance of gain against the risk of getting caught, and thereby decide a course of
action.Juveniles however do not always choose the most rational actions. There values are different from adult and their
motives are different from an adult criminal. Adolescent are also notorious for not thinking before they act. These actions
which constitute delinquency may come as a result of acting against authority,or to rebel against cultural norms and goals.

18. Routine Activities Theory. This theory viewed that crime is a normal function of the routine activities of modern living;
offenses can be expected if there is a motivated offender and suitable target that is not protected by capable guardians.

The routine activities approach gives equal weight to the role of both the victim and the offender in the crime process.
Criminal opportunity is significantly influenced by the victim’s lifestyle and behavior. The greater the opportunity for
criminals and victims to interact, the greater the probability of crime; reduce.

19. Learning Theory. Posits that delinquency is learn through close relationships with others; it asserts that children are born
”good” and learn to be “bad” from others.

Learning theories hold that children living in even the most deteriorated areas can resist inducements to crime if they have
learned proper values and behavior. Delinquency, by contrast, develops by learning the values and behavior associated by
criminal activity.

Factors Affecting Juvenile Delinquency:

1. Family - The basic institution in our society for developing a child’s potential, in all its many aspects like emotional,
intellectual, moral and spiritual both physical and social. It is within the family that the child must learn to curb his desires
and to accept rules that defines the time, place and circumstance
under which highly personal needs maybe satisfied in socially acceptable ways.

Home- referred to as the ―cradle of human personality.

2. Peers – The most difficult to resist of them all.


3. Mass Media – The most influential of the factors.
4. Church and Religion - Involves the inculcation of a set of moral belief that lead in the direction of social approved
behavior.
5. School - A public instrument for training young people. It is more directly accessible to change through the development
of new resources and policies. Teacher – Considered as the 2nd parent of the child.

RELATED LAWS AFFECTING CHILDREN

 PD 603 – It is known as the Child and Youth Welfare Code. It was approved on December 10, 1974 and took effect
on June 10, 1975.

 R.A. 6809 - Lowering the age of majority from 21 to 18 years of age.

 RA 9344 – Juvenile Justice Welfare Act of 2006. It was approved on April 28, 2006.

 RA 9262 – Anti-Violence Against Women and their Children Act of 2004.

 R.A. 8044 - Created the National Youth Commission.

 RA 7610 – Anti-Child Abuse Law

 R.A. 8369 – It established the ―Family Court‖.

 R.A. 9208 – Anti-Trafficking in Persons Act of 2003.

 R.A. 8552 – Domestic Adoption Act

 R.A. 8043 – Inter-Country Adoption Act of 1995

 PD No. 1619 – Anti-Sniffing of Rugby. This law is not applicable to children under the express provision of RA
9344 (Sec 58).
26
 PD No. 1563 – Anti-Mendicancy Law. This law is not applicable to children under the express provision of RA
9344 (Sec 58).

 E.O. 209 – The Family Code of the Philippines

 R.A. No. 8370 – Children’s Television Act of 1997 (violent x-rated films)

 R.A. No. 8504 – Philippine AIDS Prevention and Control Act of 1998

 E.O. No. 56 – Authorizing the Ministry of Social Services and Development to take Protective Custody of Child
Prostitutes and sexually Exploited Children – below 17 years of age

 E.O. No. 275 – Creating a Committee for the Special Protection of Children from All Forms of Neglect, Abuse,
Cruelty, Exploitation, Discrimination and Other Conditions Prejudicial to their Development.

 R.A. No. 6972 – Barangay Level Development and Protection of Children Act Creation of a Day-Care Center in
energy barangay

 R.A. No. 8353 – Anti-rape Law of 1997

 R.A. No. 7438 – And Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation

 R.A. No. 9255 – An Act allowing illegitimate children to use the surname of their father amending for purpose Art.
176 of Executive Order 209 otherwise known as the ―Family Code‖ of the Philippines.

Salient Features of Presidential Decree 603 “THE CHILD & YOUTH WELFARE CODE” Article 141. Definition of
Terms:

1. Dependent Child - one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian
for good cause desires to be relieved of his care and custody; and is dependent upon the public for support.

2. Abandoned Child - one who has no proper parental care or guardianship, or whose parents or guardians have deserted
him for a period of at least six (6) continuous months.

3. Neglected Child - one whose basic needs have been deliberately unattended or inadequately attended. Neglect may occur
in two ways:
a. There is a physical neglect when the child is malnourished, ill clad and without proper shelter.
b. A child is unattended when left by himself without provisions for his needs and/or without proper
supervision.
Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited, overworked or made
to work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children
are in moral danger, or exposed to gambling, prostitution and other vices.

Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal; (3) retarded
intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin,
through hereditary or disease, and (6) essentially incurable.

Art. 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:

1. Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least capable group.
This includes those with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one who belongs to
this group shows a mental level and rate of development which is 1/4 to 1/2 that of the average child, is unable to acquire
higher academic skills, but can usually acquire the basic skills for living to a reasonable degree.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is approximately
1/2 to 3/4 of that expected of a normal child of the same chronological age. Many of the educable retardates may reach 5th or
6th grade educational level and can develop occupational skills which may result in partial or complete economic
independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about 75 to about 89.
The members of this classification are only slightly retarded and they can usually get by in regular classes if they receive
some extra help, guidance and consideration.

Idiot - offensive term in a now disused classification system for somebody with an IQ of about 25 or under and a mental age
of less than 3 years. Imbecile - former classification system, somebody with an IQ between 25 and 50 and a mental age of
between three and seven years Insane - Lacking reasonable thought: showing a complete lack of reason or foresight

Art. 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled, deaf-mute,
blind, or otherwise defective which restricts their means of action or communication with others.

27
Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with
insanity or mental defect, are unable to maintain normal social relations with others and the community in general due to
emotional problems or complexes. Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral
disorder, whether functional or organic, which is of such a degree of severity as to require professional help or
hospitalization. Salient

Features of Republic Act No. 9344 “THE JUVENILE JUSTICE WELFARE ACT Sec. 4.

Definition of Terms.
1. Child – refers to a person under the age of eighteen (18) years.

2. Child at Risk – refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal,
family and social circumstances, such as, but not limited to, the following:

a. being abused by any person through sexual, physical, psychological, mental, economic or any other means
and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
b. being exploited including sexually or economically;
c. being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;
d. coming from a dysfunctional or broken family or without a parent or guardian;
e. being out of school;
f. being a streetchild;
g. being a member of a gang;
h. living in a community with a high level of criminality or drug abuse; and
i. living in situations of armed conflict.

3. Child in Conflict with the Law – refers to a child who is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.

4. Community-based Programs – refers to the programs provided in a community setting developed for purposes of
intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family
and/or community

5. Diversion – refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her

6. Diversion Program – refers to the program that the child in conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal court proceedings.

7. Restorative Justice –refers to a principle which requires a process of resolving conflicts with the maximum involvement
of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the
offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances
public safety by activating the offender, the victim and the community in prevention strategies.

8. Status Offenses – refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

9. Juvenile Justice and Welfare System – refers to a system dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation,
re-integration and aftercare to ensure their normal growth and development.

10. Victimless Crimes – refers to offenses where there is no private offended party.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in
which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from
criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance
with existing laws

SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is hereby created
and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an
undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act
and coordination among the following agencies:

SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law
enforcement officer shall:

1. Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under
custody and the offense that he/she allegedly committed;

28
2. Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or
dialect understood by him/her;
3. Properly identify himself/herself and present proper identification to the child;
4. Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on
the child in conflict with the law;
5. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless
absolutely necessary and only after all other methods of control have been exhausted and have failed;
6. Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her
apprehension;
7. Avoid violence or unnecessary force;
8. Determine the age of the child pursuant to Section 7 of this Act;
9. Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social
Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare
and development officer shall explain to the child and the child's parents/guardians the consequences of the child's
act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
10. Take the child immediately to the proper medical and health officer for a thorough physical and mental examination.
The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the
medical treatment is required, steps shall be immediately undertaken to provide the same;
11. Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters
separate from that of the opposite sex and adult offenders;

12. Record the following in the initial investigation:

a. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
b. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the
details thereof; and
c. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical
examination or the failure to submit a child to such examination; and

d. Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or
guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.

13. A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not
be locked up in a detention cell.

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing court
proceedings subject to the conditions herein provided:
 Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law
enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or
other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate,
adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her
family shall be present in these activities.
 In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social
welfare and development officer shall meet with the child and his/her parents or guardians for the development of
the appropriate diversion and rehabilitation program, in coordination with the BCPC;
 Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may
be resorted to only by the court.

SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a preliminary investigation in
the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child, his/her
parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment
and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict
with the law. Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's
Office of such service, as well as the personal information, and place of detention of the child in conflict with the law. Upon
determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court
within forty-five (45) days from the start of the preliminary investigation.

SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability
which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of
the pronouncement of his/her guilt. Upon suspension of sentence and after considering the various circumstances of the child,
the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict
with the Law.

SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom
disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the

29
disposition measures have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance with law.

Salient Features of Republic Act No. 9262 “THE ANTI VIOLENCE AGAINST WOMEN & CHILDREN’S ACT”

SEC. 3. Definition of Terms.-

1. Violence against women and their children – refers to any act or a series of acts committed by any person against
a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:

2. Physical Violence – refers to acts that include bodily or physical harm;

3. Sexual violence – refers to an act which is sexual in nature, committed against a woman or her child. It includes, but
is not limited to: rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in
the same room with the abuser; acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or coercion; Prostituting the
woman or child.

4. Psychological violence –refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
5. Economic abuse – refers to acts that make or attempt to make a woman financially dependent which includes, but is
not limited to the following: withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on
valid, serious and moral grounds as defined in Article 73 of the Family Code; deprivation or threat of deprivation
of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in
common; destroying household property; controlling the victims’ own money or properties or solely controlling
the conjugal money or properties.
6. Battery – refers to an act of inflicting physical harm upon the man or her child resulting to the physical and
psychological or emotional distress.
7. Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.
8. Stalking – refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
9. Dating relationship – refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating
relationship.
10. Sexual relations – refers to a single sexual act which may or may not result in the bearing of a common child.
11. Children – refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves
as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and
other children under her care.

SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is
committed through any of the following acts:

a. Causing physical harm to the woman or her child;


b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has
the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting
to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This
shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting
the woman’s or her child’s movement or conduct:
i. Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
ii. Depriving or threatening to deprive the woman or her children of financial support legally due her
or her family, or deliberately providing the woman’s children insufficient financial support;

30
iii. Depriving or threatening to deprive the woman or her child of a legal right; Preventing the woman
in engaging in any legitimate profession, occupation, business or activity or controlling the
victim’s own money or properties, or solely controlling the conjugal or common money, or
properties;

f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
g. Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or
her/his immediate family;
h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to,
the following acts: Stalking or following the woman or her child in public or private places; Peering in the
window or lingering outside the residence of the woman or her child; Entering or remaining in the dwelling or on
the property of the woman or her child against her/his will; Destroying the property and personal belongingness
or inflicting harm to animals or pets of the woman or her child; and Engaging in any form of harassment or
violence;
i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of
access to the woman’s child/children.

SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the
protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a)
and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act
on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued
by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately
after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same
on the respondent, or direct any barangay official to effect is personal service.

SEC. 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the
court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant
in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a
PPO.

SEC. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court
after notice and hearing.

Sec. 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a
bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence
sought to be prevented. Sect. 24. Prescription Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty
(20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years. Sec. 25. Public Crime. – Violence
against women and their children shall be considered a public offense which may be prosecuted upon the filing of a
complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. Sec. 26.
Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered
woman syndrome do not incure any criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code.

REPUBLIC ACT NO. 7610 “THE ANTI-CHILD ABUSE LAW”

Sec. 3. Definition of Terms.

1. Children – refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical mental disability or
condition;

2. Child Abuse – refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

a. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
b. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being;
c. Unreasonable deprivation of his basic needs for survival such as food and shelter; or
d. Failure to immediately give medical treatment to an injured child resulting in serious
e. impairment of his growth and development or in his permanent incapacity or death.

SEC. 7. Child Trafficking.- Any person who shall engage in trading and dealing with children including, but not limited to,
the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under
twelve (12) years of age.
31
Section 12. Employment of Children.- Children below fifteen (15) years of age may be employed: Provided, That the
following minimum requirements are present;
a. The employer shall secure for the child a work permit from the Department of Labor and Employment;
b. The employer shall ensure the protection, health, safety, and morals of the child;
c. The employer shall institute measures to prevent exploitation or dis-crimination taking into account the system and level of
remuneration, and the duration and arrangement of working time; and
d. The employer shall formulate and implement a continuous program for training and skill acquisition of the child.
e. The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective
implementation of this section.

SEC. 22. Children as Zones of Peace. - Children are hereby declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflict in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed:
a. Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of
threat, assault, torture or other cruel, inhumane or degrading treatment;
b. Children shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other
armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
c. Delivery of basic social services such as education, primary health and emergency relief services shall be kept
unhampered;
d. The safety and protection of those who provide services including those involved in fact-finding missions from both
government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the
performance of their work;
e. Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as
command posts, barracks, detachments, and supply depots; and
f. All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.

SEC. 25. Rights of Children Arrested for Reasons Related to Armed Conflict.- Any child who has been arrested for reasons
related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights:
a. Separate detention from adults except where families are accommodated as family units;
b. Immediate free legal assistance;
c. Immediate notice of such arrest to the parents or guardian of the child; and
d. Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and
Development or any responsible member of the community as determined by the court.

Executive Order 209 THE FAMILY CODE OF THE PHILIPPINES FAMILY – basic social institution which public
policy cherishes and protects. Hence, no suit between members of the family shall prosper unless compromise between
parties has failed.
FAMILY RELATIONS INCLUDE:

1. Between husband and wife


2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, full or half blood.

MARRIAGE is a special contract of permanent union between a man and a woman entered into in accordance with law for
the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlement may
fix the property relations during the marriage within the limits provided by the Family Code.

Principles of Marriage

1. Union – Physical and spiritual mating


2. Of one man with one woman – This is monogamy, which is the ideal marriage.
3. Reciprocal Blessing – marriage is a 50-50 proposition
4. Birth – One purpose of marriage is the procreation of children.
5. Rearing – The care of both parents is essential.
6. Education of Children - It is the natural right of parents to educate their children.

Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female. This means that the parties must have the
necessary age or the necessary consent of parents in certain cases.

Age 18-21 – Needs parental consent Age 22-25 – Needs parental advice There must be no impediment caused by a prior
existing marriage or by certain relationships by affinity or consanguinity.
2. Consent freely given in the presence of the solemnizing officer.

Formal Requisites of Marriage

32
1. Authority of Solemnizing Officer
(a) Any incumbent member of the judiciary within the court’s jurisdiction.

(b) Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious sect and
registered with the civil registrar general, acting within the limits granted to him by his church and provided that one of the
contracting parties belongs to the solemnizing officer’s church or religious sect.

(c) Any ship captain or airplane chief only in cases of articulo mortis. A marriage in articulo

mortis between passengers or crew members may also be solemnized not only while the ship is at sea or the plane in flight,
but also during stopovers at ports of call.

(d) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation.
A military commander of a unit who is a commissioned officer, shall likewise have the authority to solemnize marriages in
articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians.

(e) Any consul-general, consul or vice-consul. Marriages between Filipino citizens abroad may be solemnized and the
issuance of the marriage license and the duties of the local civil registrar and the solemnizing officer with regard to the
celebration of marriage shall be performed by said consular official.

(f) Under the Family Code, governors, mayors and ambassadors are not authorized to perform marriages. However, under the
Local Government Code, mayors are now authorized to perform marriages within their jurisdiction.

2. Valid marriage license. The license shall be valid in any part of the Philippines for a period of one hundred twenty days
(120 days) from the date of issue, and shall be deemed automatically cancelled at the expiration of said period if the
contracting parties have not made use of it.
No marriage license shall be issued to a widow after three hundred days following the death of her husband, unless in the
meantime she has given birth to a child. he purpose ids to prevent doubtful paternity. The following cases are exception
from having a license:
(a) Marriage in Articulo Mortis. In case either or both of the contracting parties are at the point of death, the marriage may
be solemnized without the necessity of a marriage license and shall remain valid even if the ailing party subsequently
survives.
(b) Marriage in remote places. If the residence of either party is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar.
(c) Marriage of people who have previously cohabited for at least 5 years. No license shall be necessary for the marriage of
a man and a woman who have lived together as husband and wives for at least five years and without any legal impediment to
marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to
administer oaths.
(d) Marriages between pagans or Muslims, who live in non—Christian provinces, and who are married in accordance with
their customs.
3. A marriage ceremony. It shall be held with the appearance of the contracting parties before the solemnizing officer and
their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses.

Other Consequences of Marriage

a. Marriage emancipates a person from parental authority as to person. As to property, there is an incomplete emancipation.

b. A husband and a wife can chastise or reprimand each other, but may not inflict force, except when either catches the other
in the act of sexual intercourse with a stranger.

c. The Marriage Privilege Rule. A husband cannot be examined for or against his wife without her consent; or the wife
against her husband without his consent, except in civil cases by one against the other, or in a criminal case for a crime
committed by one against the other.

d. The Marital Communication Rule. The husband or wife during the marriage or afterwards, cannot be examined without
the consent of the other as to any communication received in confidence by one from the other during the marriage.

e. A wife should use the husband’s surname.

VOID AND VOIDABLE MARRIAGE

1. Those contracted by any party below eighteen years of age even with the consent of parents or guardians.
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing officer had the legal authority to do so.
3. Those solemnized without a license
4. Those bigamous or polygamous marriage
5. Those contracted through mistake of one contracting party as to the identity of the other.
6. Those subsequent marriage that are void
7. A marriage by any party who, at the time of celebration, was psychology incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

33
By reason of Public Policy

1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree
2. Between step-parents and step-children
3. Between parents-in-law and children-in-law
4. Between the adopting parent and adopted child
5. Between the surviving spouse of the adopting parent and adopted child
6. Between the surviving spouse of the adopted child and the adopter
7. Between an adopted child and a legitimate child of the adopter
8. Between adopted children of the same adopter
9. Between parties where one, with the intention to marry the other, killed the other person’s spouse, or his own spouse.

Other Void marriage

1. Marriages in play, drama or movie


2. Marriages between two boys and two girls
3. Marriages in jest
4. Common law marriages.

Impediments in marriage

1. Diriment Impediment. They make the marriage void.


 Close blood relationship
 Prior existing marriage
2. Prohibitive Impediment. They do not affect the validity of marriage, but criminal prosecution may follow.
3. Absolute Impediment. Here the person cannot marry at all.
 When one is below the required age of 18
4. Relative Impediment. Here the prohibition is only with respect to certain persons.

ANNULMENT AND LEGAL SEPARATION

Two kinds of Divorce


1. Absolute divorce – Marriage is dissolved.
2. Relative divorce or Legal Separation – Marriage is not dissolved; here, the parties are merely separated from bed and board

Grounds for Annulment

(a) Non-age
(b) Unsoundness of mind. That either party was found unsound mind, unless such party, after coming to reason, freely
cohabitated with the other as husband and wife.
(c) Fraud. There is fraud when, thru insidious words or machinations of one of the contracting parties, the other is induced to
enter into a contract which, without them he would have not have agreed to.
(d) That the consent was obtained by force, intimidation or undue influence.
(e) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues
and appears to be incurable
(f) That either party was afflicted with a sexually transmissible disease found to be serious and incurable.

Grounds for legal Separation

(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the
petitioner.
(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
(c) Attempt of the respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or inducement.
(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
(e) Drug addiction or alcoholism of the respondent
(f) Lesbianism or homosexuality of the respondent
(g) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad
(h) Sexual infidelity or perversion
(i) Attempt by the respondent against the life of the petitioner
(j) Abandonment of the petitioner by respondent without justifiable cause for more than one year.

THE FAMILY HOME The family home, constituted jointly by the husband and wife or by unmarried head of the family,
is the dwelling house where they and their family reside, and the land on which it is situated.

Beneficiaries of a family home


The husband and wife, or an unmarried head of the family
Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are
living in the family home and who depend upon the head of the family for support.
34
Family home shall be exempted from execution, forced sale or attachment, except:

For non payment of taxes


For debts incurred prior to the constitution of the family home
For debts secured by mortgages on the premises before or after the constitution
For debts due to laborers, mechanics, architects builders, material men and others who have rendered service or furnished
materials for the construction of the building.

PATERNITY AND FILIATIONS

Filiations is the judicial determination of paternity which is the relation of child to father. The filiations of children may be
by nature or by adoption. Natural filiations may be legitimate or illegitimate. While paternity is the civil status relationship of
the father to the child, filiations is the civil status or relationship of the child to the father.

Legitimate Child is one conceived or born during the marriage of the parents. Legitimacy of a child may be impugned only
on the following grounds:

a. That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the
300 days which immediately preceded the birth of the child because of: the physical incapacity of the husband to have
sexual intercourse the fact that the husband and wife were living separately that sexual intercourse is impossible serious
illness of the husband, which absolutely prevented sexual intercourse.

b. That it is proved that for biological or other scientific reasons, the child could not have been that of the husband.
c. That in case of children conceived through artificial insemination, the written authorization or ratification of either parent
was obtained through mistake, fraud, violence, intimidation or undue influence.

Illegitimate Child is one who was conceived and born outside a valid marriage. An illegitimate child who has given the
rights of a legitimate child, provided the following requisites are present:
a. Conceived and born outside wedlock of parents who at the time of the conception of the child, were not disqualified by any
impediment to marry each other.

b. A subsequent valid marriage between parents. If a marriage is voidable but subsequently annulled, the legitimation remains
valid, for after all, a voidable marriage is valid until annulled.

Legitimated Child - An illegitimate child who has given the rights of a legitimate child, provided the following requisites
are present:

a. Conceived and born outside wedlock of parents who at the time of the conception of the child, were not disqualified by any
impediments to marry each other.
b. A subsequent valid marriage between parents. If a marriage is voidable but subsequently annulled, the legitimation remains
valid, for after all, a voidable marriage is valid until annulled.

DNA Testing is a valid means of determining paternity. It is not against the Constitutional right against self-incrimination
nor against the right to privacy (Agustin v. CA). Trial Courts should require at least 99.9% as the minimum value of DNA
Test Result on probability of Paternity prior to a paternity inclusion. This rebuttable presumption of paternity is subject to
the Vallejo Test (Herrera v. Alba).

R.A. No. 9255 – Illegitimate children may use the surname of their father if their filiation has been expressly recognized by
the father, either through:
a. record of birth in civil register
b. father’s admission in public document
c. father’s admission in private handwritten document

ADOPTION

Adoption is defined as the process of making a child, whether related or not to the adopter, possess in general, the rights
accorded to a legitimate child. Generally, only minors are adopted, except in cases when the adoption of a person of majority
age is allowed.

Qualification of an Adopter
1. A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in the position to support
and care for the children in keeping with the means of his family
2. He must be at least 16 years older than the person to be adopted, unless the adopter is the parent by nature of the adopted.

The following persons may not adopt


1. The guardian with respect to the ward prior to the approval of the final accounts rendered upon termination of their
guardianship status.
2. Any person who has been convicted of a crime involving moral turpitude
3. An alien, except:

35
A former Filipino citizen who seeks to adopt a relative by consanguinity.
One who seeks to adopt legitimate child of his or her Filipino spouse; or
One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the
latter.
4. Husband and wife must jointly adopt, except in following cases:
When one spouse seeks to adopt his own illegitimate child
When one spouse seeks to adopt the legitimate child of the other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall
be exercised. Joint parental authority is exercised if the husband and wife jointly adopt and one spouse adopts the legitimate
child of the other. In case there is a disagreement in the exercise of such joint parental authority, the father’s decision shall
prevail, unless there is a judicial order to the contrary. The following may not be adopted:
1. A person of legal age, unless he or she is the child by nature of the adopter or his or her spouse, or prior to the adoption,
said person had been consistently considered and treated by the adopter as his or her own child during minority;
2. An alien with whose government the Republic of the Philippines has no diplomatic relations;
3. A person who has already been adopted unless such adoption has been previously revoked or rescinded

The written consent of the following to the adoption shall be necessary

a. The person to be adopted, 10 years of age or over.


b. The parents by nature of the child, the legal guardian, or the proper government instrumentality;
c. The legitimate and adopted children, 10 years of age or over, of the adopting parents;
d. The legitimate children, 10 years of age or over, of the adopting parents, if living with said parent and the latter’s spouse if
any; and
e. The spouse, if any of the person adopting or to be adopted.

Effects of Adoption

a. For civil purposes, the adopted shall be deemed to be legitimate child of the adopters and both shall acquire the reciprocal
rights and obligations arising from the relationship of parents and child, including the right of the adopted to use the surname
of the adopters;
b. The parental authority of the parents by nature over the adopted shall be terminated and be vested in the adopters, except
that if the adopter is the spouse of the parents by nature of the adopted, parental authority shall be exercise jointly by both
spouse;
c. The adopted shall remain intestate heir of his parents and other blood relatives.

LEGITIME
1. The legitime of each legitimate child is half of the parents state divided by the number of children. The legitime must
always be given unless the child is validly disinherited for a legal cause. The free portion of the property may also be given to
the children to any of them.
2. If the child dies ahead of his father, the heir of the child can get the child’s legitime from the father’s estate in the
testamentary succession.

PARENTAL AUTHORITY PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and obligations
which parents have in relation to the person and property of their children until their emancipation, and even after under
certain circumstances.

CHARACTERISTICS OF PARENTAL AUTHORITY:


1. It is a natural right and duty of the parents (Art. 209)
2. It cannot be renounced, transferred or waived, except in cases authorized by law (Art 210)
3. It is jointly exercised by the father and the mother (Art. 211)
4. It is purely personal and cannot be exercised through agents
5. It is temporary

SUSPENSION OF PARENTAL AUTHORITY: CHOBA


1. Conviction of parent for crime without civil interdiction
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel or example
4. Compels child to beg
5. Subjects to or allows acts of lasciviousness

NOTE: The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in
the same proceeding if the court finds that the cause therefore has ceased and will not be repeated
GROUNDS FOR THE PERMANENT TERMINATION OF PARENTAL AUTHORITY:
1. Death of parents
2. Death of child
3. Emancipation of child
4. Parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse

36
GENERAL RULE: A child under 7 years of age shall not be separated from the mother UNLESS the court finds
compelling reasons to order otherwise. Paramount consideration in matters of custody of a child is the welfare and well-being
of the child (Tonog v. CA).

LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR CHILDREN: Parents and other persons
exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their minor
PROVIDED the children are living in their company and under their parental authority. This is subject to the appropriate
defenses provided by law.

HUMAN BEHAVIOR & CRISIS MANAGEMENT

37
CRIMINAL PSYCHOLOGY

In general, psychology is the science of behavior and mental processes. This means that psychologists use the
methods of science to investigate all kinds of behavior and mental processes, from the activity of a single nerve cell to the
social conflict in a complex society (Bernstein, et al, 1991). In particular, criminal Psychology is a sub-field of general
psychology where criminal behavior is only, in part by which phenomena psychologists choose to study. It may be defined as
the study of criminal behavior, the study of criminal conduct and activities in an attempt to discover recurrent patterns and to
formulate rules about his behavior.

A major description of criminal psychology is the word behavior. Behavior refers to actions or activities (Kahayon,
1985). To the criminologist, behavior is the observable actions because he is more interested in actions and reactions that can
be seen and verified than in concepts, which cannot be directly verified.

CLASSIFICATION OF BEHAVIOR

Normal Behavior (adaptive or adjusted behavior) – the standard behavior, the totality accepted behavior because they follow
the standard norms of society. Understanding criminal behavior includes the idea of knowing what characterized a normal
person from an abnormal one.

 A normal person is characterized by: Efficient perception of reality, Self-knowledge, Ability to exercise voluntary
control over his behavior, Self-esteem and acceptance, Productivity, Ability to form affectionate relationship with
others.

Abnormal Behavior (maladaptive/maladjusted behavior) - A group of behaviors that are deviant from social expectations
because they go against the norms or standard behavior of society.

A maladaptive (abnormal) person may be understood by the following definitions:


 Abnormal behavior according to deviation of statistical norms based in statistical frequency: Many characteristics
such as weight, height, an intelligence cover a range of values when, measured over a population. For instance, a
person who is extremely intelligent or extremely happy would be classified as abnormal.
 Abnormal behavior according to deviation from social norms: A behavior that deprives from the accepted norms of
society is considered abnormal. However, it is primarily dependent on the existing norm of such society.
 Behavior as maladaptive: Maladaptive behavior is the effect of a well being of the individual and or the social
group. That some kind of deviant behavior interferes with the welfare of the individual such as a man who fears
crowd can’t ride a bus. This means that a person cannot adopt himself with the situation where in it is beneficial to
him.
 Abnormal behavior due to personal distress: This is abnormally in terms of the individual subjective feelings of
distress rather than the individual behavior. This includes mental illness, feeling of miserably, depression, and loss
of appetite or interest, suffering from insomnia and numerous aches and pains.
 Abnormality in its legal point: It declares that a person is insane largely on the basis of his inability to judge between
right and wrong or to exert control over his behavior (Bartol, 1995).

KINDS OF BEHAVIOR

1. Overt or Covert Behavior - Behaviors that are outwardly manifested or those that are directly observable are overt
behaviors. On the other hand, covert behavior are behaviors that are hidden – not visible to the naked eye.
2. Conscious or Unconscious Behavior - Behavior is conscious when acts are with in the level of awareness. It is
unconscious when acts are embedded in one’s subconscious – unaware.
3. Simple or Complex Behavior - These are acts categorized according to the number of neurons involved in the
process of behaving. Simple behavior involves less number of neurons while complex behavior involved more
number of neurons, a combination of simple behaviors.
4. Rational or Irrational Behavior - There is rational behavior when a person acted with sanity or reason and there is
irrational behavior when the person acted with no apparent reason or explanation – as when a man loses his sanity
and laugh out loud at nobody or nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary behavior is an act done with full volition or will such as when we
discriminate, decide or choose while involuntary behaviors refers the bodily processes that foes on even when we
are awake or asleep like respiration, circulation and digestion.

ASPECTS OF BEHAVIOR

1. Intellectual Aspect – this aspect of behavior pertains to our way of thinking, reasoning, solving, problem, processing
info and coping with the environment.
2. Emotional Aspect – this pertains to our feelings, moods, temper, and strong motivational force.

3. Social Aspect – this pertains to how we interact or relate with other people
4. Moral Aspect – this refers to our conscience and concept on what is good or bad.
5. Psychosexual Aspect - this pertains to our being a man or a woman and the expression of love
6. Political Aspect – this pertains to our ideology towards society/government
7. Value/Attitude – this pertains to our interest towards something, our likes and dislikes

38
THE CRIMINAL FORMULA

C=T+S
R
Where:

C – Crime/Criminal Behavior (the act)


T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control)

The formula shows that a person’s criminal tendency and his resistance to them may either result in criminal act
depending upon, which of them is stronger. This means that a crime or criminal behavior exist when the person’s resistance is
insufficient to withstands the pressure of his desire or intent and the opportunity (Tradio, 1983).

In understanding this, the environment factors such as stress and strains are considered because they contribute in
mobilizing a person’s criminal tendency and the individual’s psychological state while resistance t temptation arises from the
emotional, intellectual and social upbringing and is either manifestation of a strong or weak character.

DETERMINANTS OF BEHAVIOR

The answer to these questions requires the study and understanding of the influences of HEREDITY and
ENVIRONMENT. As cited by Tuason:

Heredity (Biological Factors)

This refers to the genetic influences, those that are explained by heredity, the characteristics of a person acquired
from birth transferred from one generation to another. It explains that certain emotional aggression, our intelligence, ability
and potentials and our physical appearance are inherited.

It is the primary basis of the idea concerning criminal behavior, the concept that “criminals are born”. It also
considers the influences of genetic defects and faulty genes, diseases, endocrine imbalances, malnutrition and other physical
deprivations that can be carried out from one generation to another.

Environmental Factors

Family Background – it is a basic consideration because it is in the family whereby an individual first experiences
how to relate and interact with another. The family is said to be the cradle of personality development as a result of either a
close or harmonious relationship or a pathogenic family structure: the disturbed family, broken family, separated or
maladjusted relations.

Childhood Trauma – the experiences, which affect the feeling of security of a child undergoing developmental
processes. The development processes are being blocked sometimes by parental deprivation as a consequence of parents or
lack of adequate maturing at home because of parental rejection, overprotection, restrictiveness, over permissiveness, and
faulty discipline.
Pathogenic Family Structure – those families associated with high frequency of problems such as:

a. The inadequate family – characterized by the inability to cope with the ordinary problems of family living. It lacks
the resources, physical of psychological, for meeting the demands of family satisfaction.
b. The anti-social family – those that espouses unacceptable values as a result of the influence of parents to their
children.
c. The discordant/disturbed family – characterized by non-satisfaction of one or both parent from the relationship that
may express feeling of frustration. This is usually due to value differences as common sources of conflict and
dissatisfaction.
d. The disrupted family – characterized by incompleteness whether as a result of death, divorce, separation or some
other circumstances.

In the environment, the following are also factors that are influential to one’s behavior:

1. Institutional Influences such as peer groups, mass media, church and school, government institutions, NGO’s, etc.
2. Socio-Cultural Factors such as war and violence, group prejudice and discrimination, economic and employment
problems and other social changes.
3. Nutrition or the quality of food that a person intake is also a factor that influence man to commit crime because
poverty is one of the may reasons to criminal behavior.

OTHER DETERMINANTS OF BEHAVIOR

39
In order to further understand and provide answers on the question that why do some people behave criminally, it is
important to study the other determinants of behavior. These are needs, drives and motivation.

Needs and Drives

Need, according to a drive reduction theory, is a biological requirement for well being of the individual. This need
creates drives – a psychological state of arousal that prompts someone to take action (Bernstein, et al, 1991). Drive therefore
is an aroused state that results from some biological needs.
The aroused condition motivates the person to remedy the need. For example, If you have had no water for some
time, the chemical balance of the body fluids is disturbed, creating a biological need for water. The psychological
consequence of this need is a drive – thirst – that motivates you to find and drink water. In other words, drives push people to
satisfy needs.

Motivation
Motivation on the other hand refers to the influences that govern the initiation, direction, intensity, and persistence
of behavior (Bernstein, et al, 1991). Thus motivation refers to the causes and “why’s” of behavior as required by a need.

Motivation is the hypothetical concept that stands for the underlying force impelling behavior and giving it s
direction (Kahayon, 1975).

Drives are states of comfortable tension that spur activity until a goal is reached. Drive and motivation are covered
in the world of psychology, for they energize behavior and give direction to man’s action. For example, a motivated
individual is engaged in a more active, more vigorous, and more effective that unmotivated one, thus a hungry person directs
him to look for food.

Biological needs Motivational Systems

Food Hunger – the body needs adequate supply of nutrients to


function effectively. “An empty stomach sometimes drives a
person to steal.”

Water Thirst – just like food, the body needs water.


Sex A powerful motivator but unlike food and water, sex is not vital
for survival but essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is essential to the survival of
the organism. Pain will activate behavior to reduce discomfort.
Stimulus seeking Curiosity is most people and animal is motivated to explore the
environment even when the activity satisfies no bodily needs.

Psychological Needs

Psychological needs are influenced primarily by the kind of society in which the individual is raised. Psychological
motives are those related to the individual happiness and well being, but not for he survival, unlike the biological motives that
focuses on basic needs – the primary motives.
Abraham Maslow has suggested that human needs form a hierarchy from the most basic biological requirements to
the needs for self-actualization – the highest of all needs.

The pyramidal presentation shows that from the bottom to the top of the hierarchy, the levels of needs or motive
according to Maslow, are:

1. Biological or Physiological Needs – these motives include the need for food, water, oxygen, activity, and sleep.
2. Safety Needs – these pertains to the motives of being cared for and being secured such as in income and place to
live.
3. Love/Belongingness – Belongingness is integration into various kinds of social groups or social organizations. Love
needs means need for affection.
4. Cognitive Needs – our motivation for learning and exploration
5. Esteem Needs – our motivation for an honest, fundamental respect for a person as a useful and honorable human
being.
6. Aesthetic Needs - our motivation for beauty and order
7. Self- actualization – pertains to human total satisfaction, when people are motivated not so much by unmet needs, as
by the desire to become all they are capable of (self-realization).

According to the Maslow”s formulation, the levels that commands the individuals attention and effort is ordinarily
the lowest one on which there is an unmet need. For example, unless needs for food and safety are reasonably well-met
behavior will be dominated by these needs and higher motives are of little significant. With their gratification, however, the
individual is free to devote time and effort to meet higher level. In other words, one level must at least be partially satisfied
before those at the next level become determiners of action.

Frustration, Conflict and Anxiety

40
Frustration refers to the unpleasant feelings that result from the blocking of motive satisfaction. It is a form of stress,
which results in tension. It is a feeling that is experienced when something interferes with our hopes, wishes, plans and
expectations (Coleman, 1980).

Conflict refers to the simultaneous arousal of two or more incompatible motives resulting to unpleasant emotions. It
is a source of frustration because it is a threat to normal behavior (Berstein, et al, 1991).

Types of Conflicts

1. Double Approach Conflict – a person is motivated to engage in two desirable activities that cannot be pursued
simultaneously.
2. Double Avoidance Conflict – a person faces two undesirable situations in which the avoidance of one is the
exposure to the other resulting to an intense emotion.
3. Approach-Avoidance Conflict – a person faces situation having both a desirable and undesirable feature. It is
sometimes called “dilemma”, because some negative and some positive features must be accepted regardless which
course of action is chosen.
4. Multiple Approach-Avoidance Conflict – a situation in which a choice must be made between two or more
alternatives each has both positive and negative features. It is the most difficult to resolve because the features of
each portion are often difficult to compare.

Anxiety is an intangible feeling that seems to evade any effort to resolve it. It is also called neurotic fear. It could be
intense, it could be low and can be a motivating force (Coleman, 1980).

Stress is the process of adjusting to or dealing with circumstances that disrupts, or threatens to disrupt a person’s
physical or psychological functioning (Bernstein, et al, 1991)

The Ego Defense Mechanisms

The defense mechanisms are the unconscious techniques used to prevent a person’s self image from being damaged.
When stress becomes quite strong, an individual strives to protect his self-esteem, avoiding defeat. We all use ego defense
mechanisms to protect us from anxiety and maintain our feeling of personal worth. We consider them normal adjustive
reactions when they are use to excess and threaten self-integrity (Bernstein, et al, 1991).

Example: Denial of Reality – protection of oneself from unpleasant reality by refusal to perceive or face it. Simply
by avoiding something that is unpleasant. Fantasy – the gratification of frustration desires in imaginary achievement. Paying
attention not to what is going on around him but rather to what is taking place in his thoughts.

Perspective on the Causes of Criminal Behavior

1. Anxiety (Psychological Perspective) – stressful situations that when become extreme may result to maladaptive
behavior.
2. Faulty Learning (Behavior Perspective) – the failure to learn the necessary adaptive behavior due to wrongful
development. This usually result to delinquent behavior based on the failure to learn the necessary social values and
norms.
3. Blocked of Distorted Personal Growth (Humanistic Perspective) - presumably, human nature tends towards
cooperation and constructive activities, however, if we show aggression, cruelty or other violent behavior, the result
will be an unfavorable environment.
4. Unsatisfactory interpersonal relationship - self concept in early childhood by over critical parents or by rigid
socialization measures usually causes deviant behaviors among individuals because they are not contented and even
unhappy among individuals because they are not contented and even unhappy to the kind of social dealings they are
facing.
5. Pathological social conditions – poverty, social discrimination, and destructive violence always results to deviant
behavior.

PATTERNS OF CRIMINAL BEHAVIOR

1. Neurotic/Psychoneurotic Behaviors

Neurotic/Psychoneurotic behaviors are groups of mild functional personality disorders in which there is no gross
personality disorganization, the individual does not lose contact with reality, and hospitalization is not required.

A. Anxiety Disorders

Anxiety disorders are commonly known as “neurotic fear”. When it is occasional but intense, it is called “panic”.
When it is mild but continuous, it is called “worry” which is usually accompanied by physiological symptoms such as
sustained muscular tension, increased blood pressure, insomnia, etc. They are considered as the central feature of all neurotic
patterns. This disorders are characterized by mild depressions, fear and tensions, and mild stresses.

Obsessive-compulsive disorders - Obsessions usually centered on fear that one will submit to an uncontrollable impulse
to do something wrong. Compulsion on the other hand resulted from repetitive acts (Wicks, 1974). An obsessive-

41
compulsive disorder is characterized by the following: When an individual is compelled to think about something that he
do not want to think about or carry some actions against his will, and the experience of persistent thoughts that we cannot
seem to get out of our minds such as thoughts about haunting situations.

Asthenic Disorders (Neurasthenia) - An anxiety disorder characterized by chronic mental and physical fatigue and
various aches and pains. Symptoms include spending too much sleep to avoid fatigue but to no avail, even feel worse
upon awake, headaches, indigestion, back pains, and dizziness.

Phobic Disorders - These refer to the persistent fear on some objects or situation that present no actual danger to the
person. Examples of Phobia: Acrophobia - fear of high places

B. Somatoform Disorders

Complaints of bodily symptoms that suggest the presence of physical problem but no organic basis can be found.
The individual is pre-occupied with his state of health or diseases.

Hypochondriasis - This refers to the excessive concern about state of health or physical condition (multiplicity about
illness)
Psychogenic Pain Disorder - It is characterized by the report of severe and lasting pain. Either no physical basis is
apparent reaction greatly in excess of what would be expected from the physical abnormality.
Conversion Disorders (Hysteria) - It is a neurotic pattern in which symptoms of some physical malfunction or loss
of control without any underlying organic abnormality.

C. Dissociative Disorders

A response to obvious stress characterized by amnesia, multiple personality, and depersonalization.

Amnesia - The partial or total inability to recall or identify past experiences following a traumatic incident. Brain
pathology amnesia – total loss of memory and it cannot be retrieved by simple means. It requires long period of medication.
Psychogenic amnesia – failure to recall stored information and still they are beneath the level of consciousness but “forgotten
material.”

Multiple Personality - It is also called “dual personalities.” The reason manifests two or more symptoms of personality
usually dramatically different.

Depersonalization - The loss of sense of self or the so-called out of body experience. There is a feeling of detachment
from one’s mental processes or body or being in a dream state. Cases of somnambulism (sleep walking) may fall under this
disorder.

D. Mood Disorders (Affective Disorders)


Mood disorders often referred to as affective disorders however the critical pathology in these disorders is one of
mood which is the internal state of a person, and not of affect, the external expression of emotional content (Manual of
Mental Disorder).

Depressive Disorders (Major Depressive Disorder) – Patients with depressed mood have a loss of energy and
interest, feeling of guilt, difficulty in concentrating, loss of appetite, and thoughts of death or suicide, they are not affected
with manic episodes.
Dysthymic Disorder – a mild form of major depressive disorder
Bipolar Disorders - those experienced by patients with both manic and depressive episodes.
Cyclothymic Disorder – a less severe form of bipolar disorder

2. Psychopathic Behaviors

The second group of abnormal behaviors, which typically stemmed from immature and distorted personality
development, resulting in persistent maladaptive ways of perceiving and thinking. They are generally called “personality or
character disorders”. These groups of disorders are composed of the following:

A. Personality Disorders

The disorders of character, the person is characterized as a “problematic” without psychoses. This disorder is
characterized disrupted personal relationship, dependent or passive aggressive behavior.

1. Paranoid Personality Disorder - It is characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-
importance, argumentativeness and tendency to blame others of one’s own mistakes.
2. Schizoid Personality Disorder - This is characterized by the inability to form social relationship and lack of interest
in doing so. The person seem to express their feelings, they lack social skills. They are the so-called “loners”.
3. Schizotypal Personality Disorder - It is characterized by seclusiveness, over sensitivity, avoidance of communication
and superstitious thinking is common.
4. Histrionic Personality Disorder - It is characterized by immaturity, excitability, emotional instability and self-
dramatization.

42
5. Narcissistic Personality Disorder - It is characterized by an exaggerated sense of self-importance and pre-occupation
with receiving attention. The person usually expects and demands special treatment from others and disregarding the
rights and feeling of others.
6. Borderline Personality Disorder - It is characterized by instability reflected in drastic mood shifts and behavior
problems. The person usually displays intense anger outburst with little provocation and he is impulsive,
unpredictable, and periodically unstable.
7. Avoidant Personality Disorder - It is characterized by hypersensitivity to rejection and apprehensive alertness to any
sign of social derogation. Person is reluctant to enter into social interaction.
8. Dependent Personality Disorder - It is characterized by extreme dependence on other people – there is acute
discomfort and even panic to be alone. The person lacks confidence and feels helpless.
9. Passive-Aggressive Personality Disorder - It is characterized by being hostile expressed in indirect and non-violent
ways. They are so called “stubborn”.
10. Compulsive Personality Disorder - It is characterized by excessive concern with rules, order, and efficiency that
everyone does things their way and an ability to express warm feeling. The person is over conscientious, serious,
and with difficulty in doing things for relaxation.
11. Anti-social Personality Disorder - It is characterized by continuing violation of the rights of others through
aggressive, anti-social behavior with out remorse or loyalty to anyone.

3. The Psychotic Behaviors

The Psychotic Behaviors are group of disorders involving gross structural defects in the brain tissue, severe
disorientation of the mind thus it involves loss of contact with reality.

A. Organic Mental Disorders - A diagnosis of organic mental disorder is associated with a specific, identified organic cause,
such as abnormalities of the brain structure. These are mental disorder that occurs when the normal brain has been
damage resulted from any interference of the functioning of the brain.
 Acute brain disorder – caused by a diffuse impairment of the brain function. Its symptoms range from mild mood
changes to acute delirium.

 Chronic brain disorder – the brain disorder that result from injuries, diseases, drugs, and a variety of other
conditions. Its symptoms include impairment of orientation (time, place and person), impairment of memory,
learning, comprehension and judgment, emotion and self-control.

Groups of Organic Mental Disorders

1. Delirium – the severe impairment of information processing in the brain affecting the basic process of attention,
perception, memory and thinking.
2. Dementia – deterioration in intellectual functioning after completing brain maturation. The defect in the process of
acquiring knowledge or skill, problem solving, and judgement.
3. Amnestic Syndrome – the inability to remember on going events more than a few minutes after they have taken
place.
4. Hallucinosis – the persistent occurrence of hallucinations, the false perception that arise in full wakefulness state.
This includes hallucinations on visual and hearing or both.
5. Organic Delusional Syndrome – the false belief arising in a setting of known or suspected brain damage.
6. Organic Affective Syndrome – the extreme/severe manic or depressive state with the impairment of the cerebral
function.
7. Organic Personality Syndrome – the general personality changes following brain damage.
8. General Paresis – also called “dimentia paralytica”, a syphilitic infection o f the brain and involving impairment of
the CNS.

B. Disorders Involving Brain Tumor - A tumor is a new growth involving abnormal enlargement of body tissue. Brain
tumor can cause a variety of personality alterations, and it may lead to any neurotic behavior and consequently psychotic
behavior.

C. Disorders Involving Head Injury - Injury to the head as a result of falls, blows and accidents causing sensory and motor
disorders.
D. Senile and Presenile Dementia

E. Mental retardation

Metal retardation is a mental disorder characterized by sub-average general functioning existing concurrency with
deficits in adaptive behavior. It is a common mental disorder before the age of 18. The person is suffering from low I.Q.,
difficulty in focusing attention and deficiency in fast learning.

F. Schizophrenia and Paranoia

Schizophrenia – refers to the group of psychotic disorders characterized by gross distortions of realty, withdrawal of
social interaction, disorganization and fragmentation of perception, thoughts and emotion. It also refers to terms such as
“mental deterioration”, “dementia praecox”, or “split mind”.

43
Paranoia – it is a psychosis characterized by a systemized delusional system. A delusion is a firm belief opposed to
reality but maintained in spite of strong evidence to the contrary. It is also a psychosis characterized by delusion of
apprehension following a failure or frustration.

The Addictive Disorders

Psychoactive substance-use disorders such as alcoholism affects millions of people. Addiction and psychological
dependence on these substances create disastrous personal and social problems (Bernstein, 1991).

The Sexual Deviations

Sexual deviations to the impairment to either the desire for sexual gratification or in the ability to achieve it
(Coleman, 1980).

Those Affecting Males

1. Erectile Insufficiency (Impotency) – it is a sexual disorder characterized by the inability to achieve or maintain
erection for successful intercourse.
2. Pre-mature Ejaculation – it is the unsatisfactory brief period of sexual stimulation that result to the failure of the
female partner to achieve satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate during intercourse – resulting to worry between partners.

Those Affecting Women

1. Arousal Insufficiency (Frigidity) – a sexual disorder characterized by partial or complete failure to attain the
lubrication or swelling response of sexual excitement by the female partner.
2. Orgasmic Dysfunction – a sexual disorder characterized by the difficulty in achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at the entrance to the vagina that prevent penetration of the male
sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual acts in women.
Sexual behaviors leading to Sex Crimes

As to Sexual Reversals

 Homosexuality – it is a sexual behavior directed towards the same sex. It is also called “lesbianism/tribadism” for
female relationship.
 Transvestism – refers to the achievement of sexual excitation by dressing as a member of the opposite sex such a
man who wears female apparel.
 Fetishism – sexual gratification is obtained by looking at some body parts, underwear of the opposite sex or other
objects associated with the opposite sex.

As to the Choice of Partner

 Pedophilia – a sexual perversion where a person has the compulsive desire to have sexual intercourse with a child of
either sex.
 Bestiality – the sexual gratification is attained by having sexual intercourse with animals
 Auto-sexual (self-gratification/masturbation) – it is also called “self abuse”, sexual satisfaction is carried out without
the cooperation of another.
 Gerontophilia – is a sexual desire with an elder person.
 Necrophilia – an erotic desire or actual intercourse with a corpse
 Incest – a sexual relation between person who, by reason of blood relationship cannot legally marry.

As to Sexual Urge
 Satyriasis – an excessive (sexual urge) desire of men to have sexual intercourse
 Nymphomania – a strong sexual feeling of women with an excessive sexual urge.

As Mode of Sexual Expression


 Oralism – it is the use of mouth or the tongue as a way of sexual satisfaction.
a. Fellatio – male sex organ to the mouth of the women coupled with the act of sucking that initiates orgasm.
b. Cunnilingus – sexual gratification is attained by licking the external female genitalia.
c. Anilism (anillingus) – licking the anus of the sexual partner

 Sado-Masochism (Algolagnia) – pain/cruelty for sexual gratification.


Sadism – achievement of sexual stimulation and gratification through the infliction of physical pain on the sexual
partner. It may also be associated with animals or objects instead of human beings.
Masochism – infliction of pain to oneself to achieve sexual pleasure.

As to Part of the Body


 Sodomy – is a sexual act through the anus of the sexual partner.
 Uranism – sexual gratification is attained through fingering, holding the breast of licking parts of the body.

44
 Frottage – the act of rubbing the sex organ against body parts of another person.
 Partailism – it refers to the sexual libido on any part of the body of a sexual partner.

As to visual stimulus
 Voyeurism – the person is commonly called “the peeping Tom”, an achievement of sexual pleasures through
clandestine peeping such as peeping to dressing room, couples room, toilets, etc. and frequently the person
masturbate during the peeping activity.
 Scoptophilia – the intentional act of watching people undress or during sexual intimacies.

As to Number of Participants in the Sexual Act


 Troilism – three persons participate in sex orgy such as two women versus on man or vice versa.
 Pluralism – group of persons in sexual orgies such as couple to couple sexual relations. It is also called “sexual
festival”.

Other Sexual Abnormalities


 Exhibitionism – it is called “indecent exposure”, intentional exposure of genitals to members of the opposite sex
under inappropriate conditions.
 Coprolalia – the use of obscene language to achieve sexual satisfaction.
 Don Juanism – the act of seducing women as a career with out permanency of sexual partner or companion.

CRISIS MANAGEMENT

45
CRISIS – is derived from the Greek “krisis” which means separate. It is the turning point decision in a process of an affair or
a series of events.

EMERGENCY – is derived from the Latin word “emergencia” which means dipping/plugging. A sudden condition or a
state of affairs calling for an immediate action.

Diagram of Difference
CRISIS EMERGENCY
CRISIS

Unforeseen/ sudden
Progressive state/sequence of events
events

Immediate
Turning point decision of crisis Decision/Remedy
management planners

Recovery/Restoration
Change/ Continuity/ Survival
Survival

Types of Crisis

MAN-MADE CRISIS
- civil disturbances - strike, riot, demonstration - revolt such as mutiny and insurrection - revolution, border incident -
war: conventional or nuclear – crimes: kidnapping, hijacking, hostage-taking, etc
NATURAL CRISIS
- fire, floods, earthquake, tidal waves - marine/air disaster, hazardous spills
- power failure, nuclear accidents - water/food shortage/scarcity, drought - volcanic eruption, epidemic, etc.

CRISIS in general
It is a period of disorganization, period of upset during which people attempts at arriving at solution of problems. It is a
state provokes when a person faces obstacles or hazards to an important life goal.

INDIVIDUAL CRISIS – It refers to the feeling that arises when a person faces unpleasant situation such as frustrations and
conflicts. This includes:

1. Physical Crisis – those that are related to health problems or bodily sickness/sufferings.
2. Economics Crisis – the deprivation of the basic necessities of life like food and material things.
3. Emotional Crisis – when an individual is affected by negative feelings like emotional disturbances, fear, etc.
4. Social Crisis – the experiencing lack of interest, confidence and social skills to relate meaningful, harmonious
relationship with others.

46
5. Moral Crisis – the person has an irrational or distorted concepts of what is right or wrong, lack of moral values
and integrity of the person.
6. Psychosexual Crisis – failure of the person to assume ones sex role and identity as a man or woman. The person
has an inappropriate sex objective, inadequate and distorted expression of affection.

CRISIS MANAGEMENT defined


Crisis management is the proper utilization of all available resources and the formulation of policies and procedures
to effectively deal with progressive sequence of events (crisis) and sudden or unforeseen state (emergency).

Crisis Crisis

Contingency Plans

Crisis management

umbrella

PURPOSES OF CRISIS MANAGEMENT

1. It sets concepts, policies and general procedures of handling crisis situation.


2. It guides and assist law enforcers in the formulation of crisis management contingency plans and SOP’s to address
crisis situations.

PHASES OF CRISIS MANAGEMENT

A. PRO-ACTIVE PHASE – is the stage of advance planning, organization and coordination and
control in response to an anticipated future crisis occurrence. This phase is designed to predict or prevent
probability or occurrence of the crisis while at the same time prepares to handle them when they occur.

B. REACTIVE PHASE – is the performance of the crisis management plan when a crisis situation occurs despite
the pro-active effort.

PREDICTION

The first stage of anticipating future crisis occurrences through the following;

a. Update- Intelligence – involves the collection of information from


variety of sources as basis of actions and plan; those that are
related to crisis management contingency planning.
- Events – are those incidents that are already passed which can facilitate analysis necessary for identification of
probable threat groups, targets and necessary for advance planning.

b. Threat Analysis of Threat Groups

47
a. Political Terrorist – ideologically inspire individuals who grouped together for a common purpose usually
for change of government or political power.
i. Ex. CPP/NPA, SPT’s, etc.

b. Criminals – these are people who commit terrorist acts for personal rather than ideological gains. Some of
the terroristic acts such as kidnapping are well planned, other are not planned, but happens as a result of the
fast response time by LEAs to an on going crime. For instance, a number of bank robberies have evolved
into unplanned hostage situation when policemen arrive in response to an alarm robbery is in progress.

c. Mentally Deranged Individuals – people commit terroristic acts during a period of psychiatric disturbance.
This type is the most difficult terrorist to deal with. Many of them are impulsive and unpredictable.
PREVENTION

This pro-active phase considers counter measures as part of the total system of operation. Such counter measures
involves the following;

A. Operation Security – a counter intelligence measure where all aspect of awareness and training must be
considered to prevent threat groups from learning the units plans methods of operations. It also refers to
measures taken in conducting operations or activities in secure and effective manner.
B. Personnel Security – it considers that all personnel are susceptible to terrorist attack so the is a need for
securing them. All security measures designed to prevent unsuitable individuals of DOUGHTFUL LOYALTY
from gaining access to classified matters or security facilities.

Considerations of Personnel Threat Assessment

1. Rank and Risk – higher ranking personnel have great risk level. In high-risk areas, secure high
ranking officers because they may be selected as terrorist targets by special knowledge they possess.
2. Threat Level (Potential Threats)

a. Primary targets are high-ranking military or police officers, government officials, foreign
ministries, other VIPs and persons possessing sensitive information.
b. Secondary targets – those selected as alternative terrorist targets to gain publicity.
c. Randomly selected targets – Military or police personnel who are not off duty or engage in
private activities and become targets of opportunity.

C. Physical Security – encompasses protection of info, material and people including perimeter installation. A
system of barrier placed between the potential intruder and the material to be protected.

PREPARATION

This pro-active phase involves organizing training and equipment personnel of the organization.

In general, military commanders and officers of the PNP must organize, train and equip special reaction, security and
negotiation elements and provide their immediate activation when the need arises.

National Level Organization

NCCM – National Committee on Crisis Management

Serve as the umbrella organization for crisis management. The primary concern is the formulation of crisis
management policies, integration of mil/pol to public efforts towards the prevention and control of crisis.

Organizational Structure

NCCM

NACAH

PAFSECOM PNSWG PASAG PNPSAG

NCCM – National Committee on Crisis Management


PAFSECOM – Philippine Air Force Security Command
PNSWG – Philippine Navy Special Welfare Group
PASAG – Philippine Army Special Action Group
48
PNPSAG – Philippine National Police Special Action Group

Regional Level

Organized in all regions headed by Regional Crisis Director in coordination with all government LEA.

RCAG
RCMOC

OSCP

Tactical Unit Support Unit Negotiation Unit

RCAG – Regional Crisis Action Group

RCMOC – Regional Crisis Management Operation Center


- the point of all communications from the OSCP

OSCP – On-Scene Command Post

The OSCP shall established with in the crisis incident site. It is a post or unit with in a probable target to be headed by
an on-scene commander (OSC) whose responsibility is to take charge of every happening of a crisis incident scene.

Composition of the OSCP

TACTICAL UNIT – composed of regular military or police placed under the operational command of the OSC.

 Reaction Element – Special action unit which are specially organized, equipped and deployed in the region to hold
special operation in cases of crisis incident.
 Security Element – military or police personnel task to protect the area of perimeter security to prevent occurrence
of unnecessary incidents.

SUPPORT UNIT – It is a unit that provides the necessary administrative, operational and logistic support of the
OSC.

 Intelligence Team – responsible for the collection and processing of all information needed by the OSC.
 Communication Team – responsible for insuring effective communication between OSC and other units or sub-
units.
 Logistic Team – responsible for ensuring mess services, supplies (clothing, equipment, transportation) and other
logistic services.
 Medical Team – responsib-le for all medical supplies and services in cases of crisis incidents.
 Fire Fighting Team – responsible for all services related to extinguishing fires intentionally set by perpetrators or
during the result of operations.
 Administrative Personnel – personnel assigned to OSC to keep written records of events, in coming or outgoing
communications.
 Legal/Investigation Team – services of investigation, preservation of evidence, documents and legal advice to the
OSC.

NEGOTIATION UNIT – It is headed by a chief negotiator and composed of two or more members. Their primary
concern is to serve first life, prevent destruction and pave the way for a peaceful resolution of crisis situations.

THE REACTIVE PHASE

When a crisis occur despite the pro-active effort, the organization concerned must be prepare to perform the crisis
management in accordance with their plan.

PERFORMANCE

It is the action stage, the implementation of the crisis management contingency plan.

The Initial Action


 maintain control of the situation
 report the matter to the RCAG through channels
 secure the scene by establishing perimeter security
 evacuate by standers if possible
 prevent escape of perpetrator
 take maximum control

49
The initial action stage is taken by the Initial Action Unit, which is composed of police and military personnel
immediately organized into team to initially respond to take incident and begin the containment effort.

The Action Stage

 The action stage starts as soon as the tactical, support unit and the negotiation unit arrived and are deployed.

 The OSC discusses the incident with his commander and staff and decides on the plans and actions to be taken.

Negotiation – chief negotiator undertakes negotiation as soon as he has been properly briefed and received
appropriate instruction from the OSC. He shall keep the OSCP informed of the progress of negotiations and
shall take instructions only from the OSC. No further negotiation shall be under take when the tactical unit
commander initiates tactical operations.

Tactical Action – the tactical commander makes a complete estimate of the crisis situation and plans his
courses of action upon arrival at the scene while negotiation is in progress. He shall maintain and continuous
contact with the OSCP. He shall take over authority on reaction element through out the tactical operations. He
shall take instructions only from the OSC and coordinate all support requirements with the OSCP.

The Post Action Stage

This stage begin as soon as the perpetrator surrendered, captured or neutralized. OSC shall ensure that the following
are accomplished:

 Protection of the incident scene


 Investigation of the incident preservation of evidence
 Documentation
 SS – witnesses, hostage, perpetrators and other key participants of the incident.
 Recovered, documented, preserve evidences
 Pictorials, written reports
 Filing and prosecution of cases
 Damage Compensation and rehabilitation

He also initiates recommendation for the compensation and provide assistance to civilian killed and injured during
tactical operations. He initiates recommendation for the rehabilitation, construction of damage or essential infrastructures.

Training and re-training of unit personnel special units and negotiators shall continue with their training to improve
their proficiency and enhance their readiness.

TERRORISM

Terrorism is ….

a threat or actual use of force or violence for political or other purpose, to foster fear, insecurity, distrust, and unrest
among a specific group or the general population.

“Violence for effect… not primarily, and sometimes not all for the physical effect on the actual target, but rather for
its dramatic impact on an audience.”

“The calculated use of violence or the threat of violence t attain goals, often political or ideological in nature”.

“ Is violent criminal behavior designed to generate fear in the community, or a substantial segment of it, for political
purposes.

Disorders and Terrorism

- the word terrorism is used. to define almost all illegal acts of violence committed for political purposes by
clandestine groups.

National Terrorist
- A terrorist who operates and aspires to political power primarily within a single nation.

Transnational Terrorist
- This is a terrorists who operates across national boarders, whose actions and political aspirations may affect
individual of more than one nationality.

International Terrorists
- A terrorists who is controlled by, and whose actions represents the national interest of a sovereign state.

50
MOTIVATION AND GROUP CLASSIFICATION

What causes a rational thinking human being to terrorize society? Assuming that the terrorists think rationally ( and
most of them possess a high degree of rationality ), we must look to the terrorists motives if we are to understand them, to
think like them, and to ultimately them.

1. Minority Nationalistic Groups - groups fighting the majority of the community where the support base will depend
one ethnic, religion, linguistic minorities at odd with the majority community.
2. Marxist Revolutionary Groups – here, the terrorists movement is characterized by its possession of a coherent
Marxist ideology and of a long term strategy for bringing about the socialistic revolution.
3. Anarchist Group - True Anarchist are difficult to find since true anarchy brings lawlessness and disorder, which is
not a natural state in which, the human race exists.
4. Pathological Groups – problematic individuals who are grouped together for some terroristic activities for emotional
satisfaction.
5. Neo-fascist and Extreme Right- Groups

TERRORISTS PROFILE (based on commonalties of international terrorists)


 under 30 years of age
 action oriented - some are college educated
 from affluent/middle-class
 often trained in medical, legal, engineering, teaching professions
 terrorism rarely full-time occupation
 inward assurance of strength
 paradoxically, basically lonely
 believes he/she to be morally superior and in own mind is right
 indifferent to suffering of his immediate victims
 looks to colleagues for acceptance
 wants respect from victims
 willing to sacrifice self
 seek publicity
 believes violence is morally justified to support cause

Nature of Political Terrorist

1. It is a part of revolutionary strategy.


2. Manifest in acts on socially unacceptable means.
3. Symbolic target selection.
4. Creates psychological effects on population to change behavior attitude.
5. It forces the government to take drastic measures.
6. Combines political and criminal terroristic tactics.

Aims of Political Terrorist

1. Influence, discredit and destroy present system.


2. To break down social structures.
3. Erode trust in established government.
4. Foster insecurity and fears.
5. Shows that the government is incapable of protecting the people.
6. Forces the government to overreact to use excessive measures or force.
7. Destroy property.
8. Disrupt law and order
9. Propaganda
10. Create a ripe climate to revolution.

Dynamics of Terrorism

Terrorist

Threat Goal Demand

Victim Target Authority

51
Common Characteristics of Terrorist

1. Promote fear
2. Main objective is publicity
3. Highly mobile
4. Fatalist – they can create destruction affecting the whole nation.
5. Undercover operations
6. Small groups mean security efficiency

Immediate Goals of Terrorist

1. Local, national, worldwide recognition for a cause.


2. They cause government reactions.
3. Harass, weaken, embarrass government and government forces.
4. Demonstrate power and threat credibility.
5. Obtain money and equipment.
6. Destruction of communication.
7. Prevent and delay executive decisions.
8. Cause strikes or prevent elections, free or prevent elections.
9. Satisfy vengeance.

Long Range Goals of Terrorist

1. Cause drastic changes in the government.


2. Turn the system favorable to their side.
3. Gain political recognition as a legal body representing an ethnic or national group.

Cooperation among Terrorist

1. Sharing resources (logistic support)


2. Sharing expertise.
3. Sharing safe havens.
4. Participating in joint operations.

Organization of Terrorist Groups

The way terrorist group organized is determined by it’s the need of security and the number of people in the group.

a. Larger Groups – less secured


b. Small Groups – high degree of security but limited to operational capabilities.

As to group size, the large group can only succeed over a longer term in a week political environment.

As to group security, government forces attempt to destroy terrorist group or keep them in defensive position to
discourage them from mobilizing new to be extremely covert.

Terrorist Operation

1. Covert and well executed.


2. Carried out by specially well-trained and organized clandestine elements.

 Weapons – basic arms and explosives but continue to seek advance weaponry.
 Training – they are trained on subversion, weaponry, negotiation practices and
 espionage.
 Members of clandestine elements are of above average intelligence.

Methods of Operations

1. They operate in small bands


2. They carry light automatic weapons, grenades, basic explosives, ammunitions and communication equipment.
3. They mask their activities with the local populace.
4. Team includes assaults and security elements.
5. Leaders serve as negotiators.
6. They watch out for counter intelligence measures of the government forces.
7. In hostage taking, hostages are usually separated in safe houses to prevent communications and escape, planning,
and intelligence gathering.

Sequence of Terrorist Action

A. Pre-incident phase – reconnaissance mission, Rehearsal

52
 Often reconnaissance team, planners, perpetrators do not meet.
 Comm are through intermediaries or by message drop.

B. Initiative Phase – moves to their target covertly.


 they use false names, ID, passports
 they use separate routes
 weapons and other items are separately to pre-arrange locations

C. Negotiation/Climax Phases
 they use negotiation to gain publicity.
 Negotiation- often require inter-government negotiations at the highest level.
 When government failed to give demands, they initiate more terror

D. Post incident Phase


 they learn from their failures and success
 terrorist re-groups, criticize and give critique about the operation.

Terrorist Tactics

 BOMBING

Delivery to target is done through:


1. Vehicle Bomb-booby traps with attached devices
2. Laid Charges-bomb plates
3. Projected bombs-launched from riffles by a mortal device
4. Postal/mail bombs

Activation means:
1. Command activation by leads, pull wire or mechanism
2. Action by the subject/top pressure device, light sense electric switch
3. Time delay clock/burning chemical delay

 ARSON

This is use to destroy or to disrupt public utilities, political HQs and industrial facilities.

 HIJACKING

Hijacking and skyjacking are commonly used by terrorists. The hijack supply, ammunitions, fuel cargoes, and
vehicles to provide them to gain entry to a close military area, skyjacking of commercial aircraft to gain publicity or to ask
demands.

 ASSASSINATION

The oldest but the commonly used terrorist tactic where targets are often police or military officials or political
features and they always claim responsibility of assassination.

 AMBUSH

This is a well-planned, well thought-out, properly rehearsed and precisely


executed operation. The terrorist has time on his side and will spend considerable time preparing for an operation. Terrorist
have an advantage in that they can choose the time and place of operation.

 KIDNAPPING

Kidnapping for ransoms is the most common form of this tactic. The victim is normally confined in a secret hideout
and kidnappers make material demands.

 HOSTAGE TAKING

The hostage-taker confronts the authorities and openly holds the victims for ransom. His demands are more than just
material in nature. Political concessions are the frequency demanded in exchange for the hostage lives.

The advantages of this new tactic are:

1. It is current, it attracts the media


2. The fact that lives of hostage are involved in creases the drama of the event, thus pressure can be applied by the
terrorist to force concessions.
3. The hostage is tangible asset to the terrorist, something with which to bargain.

 ROBBERIES/EXTORTIONS
53
Terrorist operations are expensive. To help finance their activities, terrorists rob banks and armored vehicles carrying
large sums of cash. Bank robberies are also used as graduation exercises for terrorist training programs and viewed as a
tactical operation.

The conduct reconnaissance, plan escape routes and operates in the high degree of efficiency.

The progressive taxation scheme of the CPAA/NPA is a form of extortion through coercion or use of force against the
victim or his property.

TERRORIST TARGETS

A. MILITARY/POLICE
 command and control facilities
 logistic/storage facilities
 computer facilities
 explosives, sensitive weapons, arms and ammunition depots

B. ENGINEERING AND ENERGY SYSTEM


 hydroelectric plants
 offshore oil rigs
 nuclear facility sites
 gas pipelines
 dams and electric power lines

C. COMMUNICATION AND SUPPLIES


 communication lines and facilities
 chemical storage sites
 dock facilities
 equipment warehouse
 computer facilities

D. TRANSPORTATION
 rail lines and cars
 bus depots
 airports and aircraft
 trucking and facilities
 shipyards and ships
 mainland routes and bridge

E. HUMAN
 members of the diplomatic crops
 government officials
 corporate executives
 police and military forces
 dependents/close relatives of the above

THE STOCKHOLM SYNDROME

In the event of hostage crisis, the Stockholm syndrome will likely to occur. This phenomenon is referred to as the
process of transference in which the hostages begin to identify their captors and the following may occur:

 Positive feelings from the hostages to the captors


 Negative feelings toward the authorities by both hostages and captors
 Positive feelings returned by the captors to the hostages

This phenomenon got its name after one of the hostages in an aborted bank robbery in Sweden fell in love with the
perpetrator (Strentz, 1994). In some instances, hostages may even help the perpetrator consummate the crime either by
providing cover fire during the escape process or actually joining the heist or become an instant member of the group.

Stockholm syndrome with operate when there is an extended period of time, not being isolated from one’s captor
and the positive contact between the hostages and the hostage taker (Fuselier, 1981).

Variety of issues may possibly cause the occurrence of this phenomenon such as:
54
 Pity- In the case of mentally disturbed individuals, hostages may pity them, as they believe these individuals need
professional help. The hostages may offer advises (i.e. not advisable) or even instruct the police not to launch a
tactical assault against the defenseless and sick hostage taker.
 Personal feelings- the hostage may feel affection towards the hostage more when the hostage is female, with
pleasing personality and cooperative.
 Indoctrination- barricaded political terrorists tend to indoctrinate their hostages to force them agree and believe
with their stand or political ideology. It is not so surprising that a son of a slain scout ranger sergeant in Mindanao
joined his Abu Sayyaf captors during the siege in 2000.
 Poor inaction of the authorities- the hostages in the alarm and crisis stages of hostage taking want to be speedily
rescued before they will be killed or harmed.

HOSTAGE TAKING: REACTIVE MEASURES

OPERATIONAL PREMISES OR AREA:

1. Principal Participants

a. First responding officers


b. Field supervisors
c. Threat Management Force Commander
d. Tactical Unit Commander

2. Duties and Functions

a. First Responding Officers:


 proceed to the scene discreetly
 do not return fire except:
 when loss of life is imminent
 when hostage-taker is visible, armed, identifiable and no
 third party will be caught in the crossfire.
 contain the suspect-condor or isolate the area
 request assistance
 evacuate-care of critically injured persons if any
 retain witnesses- gather information
 attempt to communicate there telephone, megaphone or other means
 deploy responding officers
 Develop required police information-initial report of situation
 keep headquarters/station informed-periodic assessment
 of situation relayed from time to time

b. Field officers

 assumes command upon reaching scene


 evaluate situation
 prescribed containment procedures until the TMF arrives

c. TMF Commanders

 establishment command post


 coordinate/direct Commander of Tactical Unit Team
 plans/promulgate aggressive operational activities if required.

d. Tactical Unit Commander

 ensure that suspect is under constant surveillance


 maintain well-planned assault operation, upon order

OPERATIONAL PROCEDURES

1. Stabilization and Containment

a. Establish Report
 get to know the suspect
 why he take the hostage
 type of a person
 what is in mind-demands and other consideration

b. Operational Activities
 clear area/scene of pedestrians
 required innocent persons to evacuate-this can be done
55
 throughout non-verbal language
 gather information about the suspect
 submit initial report
 request for additional resources, if needed

2. Consolidation and negotiation

a. Negotiation and qualities

 civilian volunteer preferred depending upon the call of incident


 demonstrate sympathy without being emotionally involved
 ability o accept tension between conflicting views
 maintaining self-control
 possess moral courage and integrity
 patient and good listener
 should not be a decision maker
 possess certain language skills or background which will lend
 insight into the psycho of the hostage taker
 knowledge in psychology of aggressive human behavior
 ability to give minor rewards
 ability to withhold rewards

b. Steps in Negotiation

Initial contact

 avoid hostile or antagonistic approach


 introduce yourself-don’t use title or rank
 sell yourself-sincere and honest
 instill trust and confidence
 minimize tension soonest

Development

 drawing a psycho profile or hostage taker


 reinforce relationship establishment at initial contact

Alternative steps
Climax stage
Termination

RULES AND PROCEDURES ON NEGOTIATION

1. Stabilize and contain the situation


2. Select the right time to make contact with the hostage-taker
3. Take time when negotiating, allow hostage-taker to speak
4. Don’t offer the hostage-taker anything. What he will ask for will be part of the negotiation
5. Avoid directing frequent attention to the victim when talking to the hostage-taker
6. Do not call them hostages. Be as honest as possible; avoid tricks; be sincere
7. Never dismiss any request from the hostage-taker as trivial or unimportant
8. Never say “No”, soften the demands
9. Never set a deadline; try not to accept a deadline
10. Do not make alternate suggestion not agreed upon in the negotiation
11. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless their presence
is extremely necessary in the solution of the crisis; provide that they shall be properly advised on the do’s and
don’ts of hostage negotiation
12. Do not allow any exchange of hostage, unless extremely necessary; in particular, do not exchange a
negotiator for a hostage
13. Avoid negotiating face-to-face if possible
14. Law enforcement officers without proper training shall not be allowed to participate in hostage negotiations;
and
15. Never introduce ranks/possessions.

SPECIAL WEAPONS AND TACTICS


(Response to Crisis - Tactical Crisis Management)

SWAT Teams

SWAT teams are highly trained police units. A unit is a small group within a larger group. SWAT stands for Special
Weapons and Tactics. Tactics are actions aimed at solving problems.

56
SWAT team members are weapons and tactics specialists. A specialist is a person trained for a particular job.
SWAT team members use their special weapons, tactics, and training to protect the public. They handle police emergencies.
An emergency is a sudden and risky situation.

Police send SWAT teams to any kinds of police emergencies. The emergencies often involve one or more heavenly
armed suspects. A suspect is a person believed to have committed a crime. SWAT teams work on hostage situations. A
hostage is a person held against his or her will.

SWAT teams perform many jobs. They come to robberies that are in progress. They help guard government
officials. They help stop terrorists. A terrorist is a person who tries to get what he or she wants by threatening or harming
others. SWAT teams also patrol high-crime areas.

SWAT Team Names

SWAT teams can be part of city, county or state law enforcement agencies. A law enforcement agency is an office
or department that makes sure people obey laws. Police department and sheriffs departments are examples of law
enforcement agencies.
Law enforcement agencies use different names for their SWAT teams. The names include Emergency Service Unit
and Emergency Response Team. They also include Mobile emergency Response Group and Equipment (MERGE) and
Tactical Response Team.

SWAT Team Beginnings

The New York Police Department (NYPD) had one of the earliest specially trained police units. In the mid-1880s,
the NYPD set up small units of police officers. The department called these units strong-arm squads. The squads fought
criminal gangs. Police clubs were their only weapons.
By the 1920s, criminal gangs had grown in size and power. The gangs bought handguns, rifles and submachine
guns. A submachine gun is a light gun that fires rapidly. The criminal gangs fought one another on New York City streets.
Many innocent people died.

In 1925, the NYPD formed the Emergency Service Unit (ESU). The department also formed the Gunman’s Squad as
part of the unit. The squad included 60 heavily armed police officers. The officers had handguns, rifles and submachine guns.
They worked on cases involving criminal gangs. They patrolled the city in green trucks.

Other large police departments formed early SWAT team units. These units also worked to stop criminal gangs.

Growth and Change

The Gunman’s Squad is a good example of how the early SWAT teams grew and changed. This squad became the
Mobile Security Unit (MSU) in the late 1940s. the new unit larger than the old unit. It continued to fight criminal gang
activity.
The MSU changed in the late 1960s. more people lived in New York City. The number of murders and robberies
increased. The MSU formed the Stakeout Squad to fight the increase in crime.
The NYPD’s best police officers joined the Stakeout Squad. Each member was a skilled police officer and
marksman. A marksman is a person skilled and aiming and shooting guns. The Stakeout Squad work on difficult cases. It
helped the NYPD lower the number of murders in the city.
In the 1970s, Stakeout Squad officers learned new skills. They learned anti-terrorist tactics and special weapons
skills. Officers also learned how to rescue hostages. The skills helped them fight terrorists. In the 1980s, the squad was taken
over by the Emergency Service Unit. Today, this unit controls all NYPD SWAT operations.

The LAPD SWAT TEAM

The Los Angeles Police Department (LAPD) changed law enforcement around the country in the 1960s. Los
Angeles police officers found themselves outgunned by criminals. The criminals had powerful weapons. So the LAPD
formed a specially trained and armed police unit to protect people.
The LAPD named the unit the Special Weapons and Tactics (SWAT) team. Team members received special
weapons training. They also learned how to handle police emergencies. The team was very successful.
Other police and sheriffs departments saw the success of the Los Angeles Police Department’s SWAT team. Many
department formed their own SWAT teams.

Today, special training centers in the United States train and organize many SWAT teams. The centers teach SWAT
team members tactics and weapons skills.

SWAT Team Officers

57
There are more than 17,000 police departments in the United States. Many have either full-time or part-time SWAT
teams. Many SWAT team officers work more than 40 hours each week. Most officers are on call 24 hours a day. On call
means ready to work at anytime.
SWAT team officers perform hard and risky work. They risk their lives each time they go out on a police
emergency. Police officers are not ordered to join SWAT teams. Instead, they volunteer. Volunteer means to offer to do a job.

Training

SWAT team officers receive special training. Large police departments usually conduct their own training. Officers
in small units receive SWAT training from large units and from training centers.
The federal government also trains large and small SWAT teams. The FBI operates an advanced training school at
Quantico, Virginia. The U.S. Army and U.S. Marine Corps also conduct training classes.
During training, officers learn through classes and field work. Officers learn about different weapons and practice
using them.
Officers also receive other training. Many officers learn advanced first aid. First aid is early medical help. Some
officers learn to be sharpshooters. A sharpshooter is a marksman skilled at hitting small or distant targets.
Some officers learn to handle and use tear gas. Tear gas is a gas that causes a painful burning feeling in the eyes and
lungs. Tear gas disable suspects. Other officers learn communication skills. Communication is the sharing of information.
Communication aloows officers to calm suspects by talking to them.

Special Teams

Most SWAT teams include three kinds of smaller specialized teams. They include negotiator teams, containment
teams, and entry teams. Each team performs a different kind of job. Sometimes only one specialized team works on an
emergency. Other times, all three teams work together.

Negotiator Teams

Negotiators are communication experts. They listen and talk to suspects during police emergencies. Negotiators use
words to reason with suspects and solve problems. They often work on hostage situations. They try to convince suspects to
free their hostages and surrender. Surrender means to give up peacefully.
Negotiators have to be calm. They must think carefully about each word they say. They do not want to upset a
suspect. This could cause a suspect to harm hostages.
Negotiators may spend hours talking with suspects. Sometimes they use phones and talk from a safe distance. Other
times they talk with suspects in person. In these cases, suspects will often talk only if negotiators do not have weapons.

Containment Teams

Containment teams control and contain crime scenes. Contain means to hold in. they make sure innocent people do
not become involved in situation. They also make sure that suspects do not escape. Containment officers make observations
and report what they see to their leaders. Sometimes they have to shoot at suspects.
Containment officers take different positions at a crime scene. They choose locations that help them see what is
happening. Some may crouch on rooftops. Some may stand in doorways. Others may take positions behind cars.
Containment officers are patient. They control their emotions while under pressure. Containment officers also think
carefully before they shoot. Careless shots could not hurt innocent people or lead to deadly shoot-outs.

Entry Teams

Entry teams enter and search buildings. Their job is of find and capture suspects in the buildings. They also try to
locate and rescue hostages.
Sometimes entry team officers must secure crime scenes. This means they prevent suspects from harming others or
killing themselves. Entry team officers also prevent suspects from escaping or destroying evidence. Evidence is facts or
objects that help prove guilt.
Entry team officers can break through locked or barricaded entrances quickly. Barricaded means blocked. The
officers use tools to break windows and push through doors. Quick entries allow officers to catch suspects off guard. This
makes entry operations safer.

SWAT TEAMS OPERATIONS

All swat teams try to resolve police emergencies as quickly and safely as possible. They want to capture suspects
without harming the public, hostages, or the suspects.
SWAT teams work carefully during their operations to reduce chances of harm or death. SWAT teams use different
tactics to reach these goals. They try peaceful tactics first.

Peaceful Tactics

Waiting is one peaceful tactics SWAT teams use. SWAT teams sometimes wait for hours before they take more
forceful action. Waiting gives suspects a chance to think about what they are doing.
SWAT teams try to resolve police emergencies with peaceful tactics.

58
It also suspects time to think about what may happen to them. Sometimes suspects surrender after they have time to think.

Persuasion and negotiation are other tactics SWAT teams use. Persuasion is trying to change a person’s mind.
Negotiation is talking to reach an agreement. The goal of these tactics is to talk suspects into surrendering without harming
others.

Many times, SWAT teams use other tactics in combination with persuasion and negotiation. For example, teams
may cut the heat or air. They may constantly ring doorbells or call suspects on the phone. These tactics make the suspects
nervous. Sometimes they make criminals more willing to surrender.

Forceful Tactics
SWAT teams change their tactics if more force is needed. They use forceful tactics when negotiation and
persuasion tactics fail. They also use forceful tactics if the lives of hostages and officers are in danger.
Forceful tactics include the use of tear gas.Forceful tactics include using tear gas, storming buildings, and attacking
with sharpshooters. Tear gas is the least forceful of these tactics.
Tear Gas

SWAT team officers often use tear gas as their first forceful tactic. Officers shoot cans of tear gas through windows
and doorways with tear gas guns. The tear gas makes suspects’ eyes burn and swell. The suspects have a hard time breathing
in rooms filled with the tear gas.
Tear gas often disables suspects. This allows officers to arrest suspects safely. Other times, tear gas forces suspects
to surrender.

Entering a Building

Sometimes officers must enter buildings to try to capture suspects. Entry teams meet at a staging are before entering
a building. A staging area is a safe area near a building that officers plant to enter. Entry team members check their
equipment and weapons at staging areas. They also go over their plans for entry.
Next, the entry teams enter buildings. They must often break through barricaded doors and windows. Once inside,
officers search rooms and hallways. They search until they locate suspects and hostages.
Entry team officers try to capture and disarm suspects. Disarm means to take away a person’s weapons. Many
times suspects surrender when they see entry teams. Sometimes suspects shoot at the officers. The officers shoot back.
Entry team officers often turn captured suspects over to arrest teams. Arrest teams arrest captured suspects. They
make sure nothing goes wrong during arrest. They may also help hostages out of buildings.

Sharpshooting Teams

Sharpshooters may have to shoot suspects. This may become necessary if suspects try to harm hostages, officers, or
innocent bystanders. Sharpshooters may receive orders to shoot suspects in these situations.
Many SWAT units have sharpshooting teams. Each team includes two officers. One officer works as an observer.
The other works a sharpshooter.

Sharpshooting Team Operations

Sharpshooting teams choose locations that give them clear views of suspects. Both members examine crime scenes
from their location.

Observers provide information about suspects to sharpshooters and SWAT team leader. The information includes
descriptions of suspects, their weapons, and their positions in buildings. Observers’ information helps sharpshooters make
sure they do not shoot at innocent people.

Sharpshooters stay calm and keep their weapons aimed at suspects. Orders to shoot a suspect can come at any time
during an operation.

Special Weapons

SWAT team officers use special weapons. Many of the weapons are powerful guns. At crime scenes, the weapons
help the officers protect themselves and capture suspects. But SWAT team members do not use their weapons unless
peaceful tactics fail.
Different weapons are useful in different situations. Some weapons are useful in short-range situations. Other
weapons are useful in long-ranger situations.

Stun Guns and Rubber Bullets

Sometime SWAT team officers use impact weapons. Impact weapons disable suspects
SWAT team officer use powerful weapons. Sometimes SWAT team officers use submachine guns.
Without killing them. These weapons fire rubber or plastic bullets. Using impact weapons reduces the risk of harm
to hostages and the public.
Sometimes officers use stun guns. A stun gun is a device that delivers an electric shock. The shock stuns suspects.

59
Semi – automatic Handguns

Most SWAT team officers carry semi – automatic handguns. A semi – automatic handgun is a powerful gun that
fires bullets quickly. These handguns are short –range weapons. They work best for targets within 25 yards (23 meters).
Semi – automatic handguns hold 14 to 17 rounds in each magazine. A round is a bullet. A magazine is a metal or
plastic case that fits inside a gun. Magazines allow officers to reload their handgun quickly.

Shotguns

Sometime SWAT team officers use shotguns. A shotgun is a powerful gun wit a long barrel. Shotguns are mainly
short-range weapons. They may be single-shot or semi-automatic weapons. Shotguns fire large bullets called shells.
SWAT teams often use the Benelli M3 Super 90 shotgun. This shotgun is a semi-automatic. It holds up to seven
shells stored in a magazine.
Submachine Guns
SWAT teams use submachine guns during shootouts with heavily armed suspects. Submachine guns fire rapidly but
are not easy to aim.
SWAT team submachine guns can fire single or multiple rounds. They fire multiple rounds in short and long bursts.
A short burst is a quick series of two or three rounds. A long burst is a quick series of four to eight rounds.
Many SWAT teams use the Heckler and Koch MP-5 submachine gun. Most MP-5 can fire 30 shots in just two
seconds.

Standard Rifle

SWAT teams use different rifles in different situations. Rifle give officers dependable aim, fire power, and range.
The M-16 is the standard SWAT team rifle.
The M-16 is light. This makes it easy to carry and use. The M-16 has a dependable range of 50 to 200 yards (46 to
183 meters). Each magazine for the M-16 holds up to 30 rounds. These features make the rifle useful in many situations.

High-Powered Rifles

SWAT team officers use high-powered rifles for long-distance shooting. Containment officers and sharpshooters
use high – powered rifles to improve their shots.
High-powered rifles fire high-powered rounds. They are large rifles with long barrels. They have telescopes on
them. A telescope is an instrument that makes distant objects seem larger and closer. Telescopes help sharpshooters aim
their rifles. High-powered rifles have ranges up to several hundred yards.
Fifty-caliber rifles are the largest high-powered rifles SWAT teams use. These rifles weigh up to 40 pounds (18
kilograms) and are at least five feet (1.5 meters) long. The rifles shoot rounds powerful enough to punch through metal and
concrete. Officers use these rifles to shoot at suspects inside buildings.

Equipment and Dogs

SWAT team officers use different kinds of equipment. The equipment ranges from clothing to helicopters. Officers
also work with police dogs. The dogs and equipment help make SWAT team operations easier and safer.

Uniforms

Many SWAT team officers wear black or dark blue uniforms. During operations, the uniforms help SWAT team
officers identify each other. Sometimes SWAT team officers wear camouflage uniforms. Camouflage uniforms have
coloring that makes officers blend in with their surroundings. Many camouflage uniforms are green and brown. These
uniforms help officers stay hidden from suspects.

Armored Vests and Sheilds

All SWAT team officers wear armored vest. Armor is a protective covering. Armored vests can protect officers
from gunshots. Officers wear two kinds of armored vests. One kind fits over uniforms. The other kind fits over uniforms.
The other kind fits under uniforms.
Entry team officers often use armored shields in addition to their armored vests. The shields are made of
lightweight armor. They provide added protection against gunshots and small explosions.

Goggles and Gas Masks

Many SWAT team officers wear goggles. Goggles are protective glasses that fit tightly around the upper face and
eyes. They protect officers’ eyes from dirt, dust, and smoke.
Some SWAT teams use night vision goggles. Night vision goggles let SWAT team officers see in the dark. The
goggles are useful during night operations or inside dark buildings.
SWAT team officers wear gas masks when they use tear gas. A gas mask keeps a person from breathing gas. Gas
masks help entry teams work in areas where tear gas is present.

Entry Tools

60
Entry team officers often need tools to get into barricaded buildings. Basic tools include ropes and ladders. Tools
can also include battering rams, sledge hammers, and axes. A battering ram is a heavy metal tube. Officers use battering
rams to force open doors.
Entry teams recently started using small amounts of explosives. The explosives can blow holes in doors and walls.
But the explosives present little danger to SWAT team members and suspects.

Helicopters

Some SWAT teams use helicopter. Helicopters carry SWAT teams to emergencies located in hard to reach places
like rooftops.
Helicopters also let officers examine crime scenes from the air. This helps them plan their operations.

Walkie Talkies and Telephone

Communications is important to SWAT team officers. Officers often use walkie talkies. Walkie talkies are small
two-way radios. Officers use walkie talkies to tell each other what is happening during an operations.
Sometimes SWAT teams use telephones to talk with suspects. Telephones also let team member speak to other
people during operations.

Swat Team Dogs

Many large SWAT teams use police dogs. Police dogs work with some SWAT officer as K-9 teams. K-9 is short
for canine. Canine means dog. Most police dogs are German shepherds.
Police dogs help officers find suspects. The dogs follow suspects’ scents to the suspects’ hiding places. Police dogs
also chase and stop escaping suspects. They often stop suspects by biting the suspects’ arms and legs.

Facing the Risks

SWAT team duty is challenging and risky work. Officers risk death each time they work on a police emergency.
Many officers volunteer for SWAT team duty because they like challenge and excitement. But most SWAT team
officers volunteer because they want to protect the public.

WORDS TO KNOW
Armor - a protective metal or plastic covering.
Barricaded– to block
Communication – the sharing of information
Disarm – to take away a person’s weapons
Emergency – a sudden and risky situation
Hostage – a person held against his or her will
Magazine – a metal or plastic case that holds bullets and fits inside a gun
Marksman – a person skilled at aiming and shooting guns
Negotiation – talking to reach an agreement
On call – ready to work at any time
Persuasion – trying to change a person’s mind.
Sharpshooter – a marksman skilled at hitting small or distant targets.
Specialist – a person trained for a particular job.
Surrender – to give up peacefully
Suspect – a person believed to have committed a crime.
SWAT – Special Weapons and Tactics
Tactics – actions aimed at solving problems.
Tear gas – a gas that cause a burning feeling in the eyes and lungs
Telescope – an instrument that makes distant objects seem larger and closer
Terrorist – a person who tries to get what he or she wants by threatening or harming others.

POLICE ETHICS AND POLICE COMMUNITY RELATIONS

CHAPTER I
FOUNDATIONS OF POLICE ETHICS

A. INTRODUCTION TO ETHICS

Understanding Ethics

The word ethic, now in revived use by some philosophical writers instead of ethics, refers to the philosophy of
morals or the standard character set up by any race or nation. Ethics on the other hand refers to the study and
philosophy of human conduct, emphasizing the determination of right and wrong or to the basic principles of right
action. Some modern day authors define ethics as the study and analysis of what constitutes good or bad conduct (Barry,
1985, Sherman, 1981). The two words: ethic and ethics are coined from the Latin word ethicus or Greek word ethikos
and ethos which mean character (Webster’s).

61
Character on the other is derived from the French word caractère, Latin word character, and Greek word charaktêr
– all referring to a stamp or mark. In the ancient period just like today, stamps and marks are usually imprinted or
impressed on articles and documents to identify their ownership or authorship. From these, Webster’s offers the
following definition of the word character:
1. The combination of qualities distinguishing any person or class of persons;
2. Any distinctive mark or trait, or such marks or traits collectively belonging to any person, class, or race;
3. The individuality which is a product of nature, habits, and environment;
4. High qualities;
5. Moral force; and
6. Reputation

Moral from the Latin moralis or moris literally means custom or manners. Today, the word moral is synonymous
to; dutiful, ethical, excellent, faithful, good, honest, honorable, incorruptible, just, pious, religious, right, righteous, true,
upright, virtuous, and worthy.

Ethical on the other hand connotes condition in accordance with right principles, as defined by a given system of
ethics or professional conduct.

From the above definition, it is safe therefore to say that ethic, ethics, character, and moral all point to human
behaviors, manners, and conduct which are marked by morality, righteousness, goodness, holiness, ethical, and dutiful.
Further, ethics points to accepted personality of man. Finally, ethics although considered a study of what is good and
bad actually gives more emphasis on the practice of what is moral, ethical, just, right, and other good qualities of man.

B. DEFINITION OF TERMS

1. Crime- It is defined as an act committed or omitted in violation of law forbidding or commanding it.
2. Dishonesty- It is the concealment or distortion of truth in a manner of a fact relevant to one’s office or connected
with the performance of his duties.
3. Disloyalty to the Government- Consist of abandonment or renunciation of one’s loyalty to the Government of the
Philippines, or advocating the overthrow of the government.
4. Ethical Standard – refers to the set of conducts and behavior governing a group, a class, or organization.
5. Gift- It refers to the thing or right disposed gratuitously, or any act of liberality in favor of another who accepts it,
and shall include a simulated sale or ostensibly onerous disposition thereof. It shall not include an unsolicited gift of
nominal or insignificant value not given in anticipation of, or in exchange for a favor.
6. Incompetency - It is the manifest lack of adequate ability and fitness for the satisfactory performance of police
duties.
7. Malfeasance - It is the performance of some act which ought not to be done. It is the doing either through
ignorance, inattention or malice, of that which the officer had no legal right to do at all, as when he acts without any
authority whatsoever, or exceeds, ignores, or abuses his powers.
8. Misconduct – This is generally premeditated, obstinate or intentional purpose. It usually refers to transgression of
some established and definite rule of action, where no discretion is left except what necessity may demand; it does
not necessarily mean corruption or criminal intention but implies wrongful intention and not mere error of judgment.
9. Misfeasance or Irregularities in the Performance of a Duty - It is the improper performance of some act which
might lawfully be done or the performance of a lawful act in an unlawful or culpably negligent manner (Webster’s).
10. Morals and morality- It refers to what is judged as good conduct. The term moral is also used to describe someone
who has the capacity to make value judgments and discern from wrong.
11. Moonlighting- An act of a member of the PNP pursuing or following any calling or occupation, or the act of
engaging in any business, which includes but not limited to all activities, jobs, work, and similar functions,
performed, engaged in or undertaking by him, in or off duty hours with or without compensation, which is
inconsistent or incompatible with the PNP duties or functions.
12. Nonfeasance or Neglect of Duty- It is the omission of some act, which out to be performed. It is the omission or
refusal without sufficient excuse, to perform an act or duty, which as a peace officer’s legal obligation to perform.
13. Oppression- Imports an act of cruelty, severity, unlawful execution, or excessive use of authority.
14. Police Customs and Social Decorum - A set of norms and standards practiced by members during social and other
functions.
15. Police Ethics- It is the practical science that treats the principle of human morality and duty as applied to law
enforcement.
16. Professional Conduct – refers to the set behavioral standard governing a particular professions or professionals.
17. Public official- Includes elective and appointive officials and employees, permanent or temporary, whether in the
career or non-career service, including military and police personnel, whether on not they receive compensation or
not, regardless of amount.
18. Public Officer or Employee- It means any person holding any public office or employment by virtue of an
appointment, election or contract, and any person holding any office or employment, by appointment or contract in
any state-owned or controlled corporation.
19. Violation of Law - Presupposes conviction in court of any crime or offence penalized under Revised Penal Code or
any special law or ordinances.

C. PRINCIPLES OF PUBLIC SERVICE ETHICS

62
1. Public Service - Public servants should treat their office as a public trust, only by using power and resources for
public interest, and not to attain personal benefit or pursue any other private interest incompatible with the public
good.
2. Objective Judgment - Public servants should employ independent objective judgment in performing their duties,
deciding all matters on the merits, free from avoidable conflicts of interest and both real and apparent improper
influences.
3. Accountability- Public servants should assure that the government is conducted openly, efficiently, equitable and
honorably in a manner that permits the citizenry to make judgment and hold government officials accountable.
4. Democratic Leadership- Public servants should honor and respect the principles and spirit of representative
democracy and set a positive example of good citizenship by scrupulously observing the letter and spirit of laws and
rules.
5. Respectability- Public servants should safeguard public confidence and the integrity of government by being
honest, fair, caring and respectful and by avoiding conduct creating the appearance of impropriety or which is
otherwise unbefitting a public official.

D. RELATED LAWS

1. Republic Act 6713 - An act establishing a Code of Conduct and Ethical Standards for Public Officials and
Employees.
2. Republic Act 3019 as amended- Anti Graft and Corrupt Practices Act
3. Republic Act 7080 - An Act Defining and Penalizing the Crime of Plunder
4. Presidential Decree No. 46 - Making it punishable for public officials and employees to receive, and for private
persons to give gifts on any occasions, including Christmas.

E. ETHICS IN THE PHILIPPINE NATIONAL POLICE (PNP)

In the Philippine National Police (PNP), professional conduct and ethical standards and a high degree of honesty are
more essential for all its officers and members than for any member of the society. Primary reason is the nature of
the PNP’s job which is the enforcement of laws, rules, regulations, ordinances and other statutes in the land. It is then
expected that all officers and members shall conduct themselves worthy of their calling. To add, any person clothed
with the authority to enforce the law is susceptible to bribery and other acts of corruption. Once a police officer
violates the same law he is supposed to enforce will cause disgrace to his own organization.

F. CANONS OF POLICE ETHICS

1. Primordial Police Responsibility


2. Limitation of Police Authority
3. Knowledge of the Law and other Responsibility
4. Use of proper Means to Obtain Proper Ends
5. Cooperation with Public Officials
6. Proper Conduct and Behavior
7. Conduct towards the Community
8. Conduct in Arresting Law Violator
9. Firmness in Refusing Gifts or Favors
10. Impartial Presentation of Evidence

G. PROFESSIONAL POLICE PRINCIPLES

1. Prevention of Crime and Disorder - basic mission for which the police exist is to prevent crime and disorder as an
alternative to the repression of crime and disorder by police force and severity of legal punishment.
2. Cooperation of the Community - The police must secure the willing cooperation and the voluntary observance of
the law to be able to secure and maintain the respect and support of the community.
3. Unreasonable Force Reduce Community Cooperation - A police officer will never employ unnecessary force or
violence and will use only such force in the discharge of duty as in reasonable in all circumstances.
4. Use of Reasonable Force When Persuasion Is Not Sufficient - The police should use reasonable force to the
extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and
warning is found to be insufficient to attain police objectives.
5. Impartial Enforcement of Laws - The police seek and preserve community favor, not by catering to community
opinion, but constantly demonstrating absolutely impartial enforcement of laws, without regard to the justice and
injustice of the substance of particular laws.
6. The Community Are The Police - The police at all times should maintain relationship with the community that
gives really to the historic tradition that the police are the community and the community is the police.
7. Police Should Not Usurp Judicial Powers - The police should always direct their actions strictly toward their
functions and never appear to usurp the powers of judiciary by averaging individuals of the state of authoritative
judging guilt of punishing the guilt.
8. Reduction of Crime and Disorder - The test of police efficiency is the reduction of crime and disorder until totally
eradicated, not by evidence of police present and action in dealing with the community.
9. Rule of Enforcement Impartially Observed - Policemen engaged in anti-crime operation always consider the
safety and security of who might be caught in the crossfire or arm encounters.

63
10. Police Discretion - A police officer will use responsibly the discretion vested in the position and exercise if within
the law. The principle of reasonableness will guide the officer’s determinations and the officer will consider all
surrounding circumstances whether any legal action shall be taken.

H. TENETS OF DISCIPLINE

1. One of the first signs of discipline is the stage of orderliness and cleanliness of the policeman’s place or work. If a
police station is unkept, people cannot expect the kind of positive responds to their needs.
2. All police actions must be characterized by courtesy and discipline.
3. All objectives of the PNP must always be for the Public interest and not private interest. The people must feel that
they are welcome to approach any member of the PNP for assistance.
4. All citizens must be treated with dignity and respect.
5. All police actions must be in accordance with the law. Respect for human rights and other laws of the land must be
primordial concern in the exercise of Police duties/
6. Basic police service must be rendered, equitably for all citizens and must not be given in exchange for any favor,
reward or condition.
7. Involvement of police personnel in syndicated crime particularly illegal gambling must not be tolerated.
8. There is no substitute for leadership by example. Police Commanders, as model of public service, must show proper
behavior not only to their subordinates but also to the people.

I. THE LAW ENFORCEMENT CODE OF ETHICS

The PNP also adopted the international law enforcement code of ethics with some slight variations stated as follows
(Payton, 1971):

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect
the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or
disorder: and to respect the Constitutional rights of all men to liberty, equality and justice.

I will keep any private life unsullied as an example to all; maintain courageous calm in the face of danger; scorn, or
ridicule; develop self restraint; and be constantly mindful of the welfare of the others. Honest in thought and deed in
both my personal and official life, I will be exemplary in obeying the laws of the land and regulations of my
organization. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be
kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendship to influence my
decision. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously
and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never
accepting gratuities in return.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I
am true to the ethics of police service. I will never engage in acts of corruption bribery, nor will I condone such acts by
other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of
Justice.

I know that I alone am responsible for my own standard or professional performance and will take every reasonable
opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these
objectives and ideals, dedicating myself before God to my chosen profession….Law Enforcement.

J. THE FILIPINO POLICEMAN

Who is a Filipino Policeman?

A Filipino policeman is a protector and a friend of the people. His badge is the symbol of the citizens’ faith and
trust, his uniform a mirror of decorum and integrity and his whole human person an oblation of enduring love for
homeland, fellowmen and god.

A Filipino policeman emulates the valor of Lapu Lapu, serenity of Rizal, the leadership of Aguinaldo, the courage of
Bonifacio, the idealism of Del Pilar, the wisdom of Mabini and the fortitude of Gomez, Burgos, Zamora.

A Filipino policeman has an oath for his republic to uphold: to defend the constitution, honor the flag, obey the laws
and duly constituted authorities. He has covenant with his people to comply: to safeguard and protect them even beyond
the call of duty. And he has a legacy for his family to fulfill: to bequeath unto them the one and only treasure of his life
- an embellished name.

The Policeman and his Badge

Pointedly enough, it is precisely upon grounds of reliability and unreliability, fidelity or infidelity in the
performance of his duties that the badge of a policeman assumes paramount significance.

64
This is because the badge could either be the symbol of the citizen’s faith and trust in the policeman or the harbinger
of their contempt and derision for him, all depending upon efficiency or inefficiency in the execution of the policeman’s
task or mission.

PNP BADGE SYMBOLISM

Philippine Monkey Eating Eagle The National Bird - symbol of swiftness and ferocity, power, courage and immortality.

PNP Shield - Symbol of protection of all citizens.


Three Stars - Stands for Luzon, Visayas and Mindanao.
Eight Sun Rays - The eight (8) provinces whose ideals of courage, gallantry patriotism led to their revolt against Spain.
Lapu-Lapu - Symbolizes the bravery.
Service, Honor, Justice - Service is the vibrant and cogent deeds and actions in response to the needs and wants of the
people in distress: Honor could be the overriding criterion and consideration in the performance of their entrusted task
or mission: and Justice dispensed to everyone whatever is due to him without favoritism or discrimination of any sort.
Laurel Leaves - competency, brilliance and honor.

Philippine National Police - Identity of Solidarity.

PNP SEAL SYMBOLISM

 Lapu-Lapu Hero - The great Filipino hero of Mactan, the prototype of the best and most noble in Filipino manhood
who is the symbol and embodiment of all the genuine attributes of leadership, courage, nationalism, self-reliance
and a people-based and people powered community defense.
 Laurel - Green Laurel with 14 leaves, symbolizes the 14 Regional Commands. It is also a symbol of the honor,
dignity and the privilege of being a member of a noble organization where the call to public service is par excellence
a commitment to public trust.
 Shield - The symbol of the Philippine Constabulary, the first National Police by virtue of Organic Act No. 175,
enacted by the Philippine Commission on 18 July 1901.
 Three Stars - Luzon, Visayas and Mindanao and the 1,700 islands.
 Service • Honor • Justice - Added distinct ideals for the officers, men and women of the PNP to insure efficiency,
integrity, cohesiveness, camaraderie and equanimity to enhance community acceptance and support to attain its
mission of peace keeping and law enforcement.
 Sun - Symbolize the flowering, maturing and ultimate realization of the glorious evolution of the PC/INP into a
National Police Organization - "national in scope and civilian in character" - as enshrined in the 1986 Constitution.
The Traditional light rays which represents the fightingest provinces whose ideals of courage and patriotism the
members of the National Police must possess.

The Policeman and his Uniform


The gestures and attitudes of internalizing and externalizing could aptly project to the fore the fierce relevance and
significance of the uniform of the policeman.
This is because what a policeman has internalized or ingested in terms of discipline, conduct, insight and decorum is
externalized or unfolded by his uniform on points of among others, physical appearance, social graces, professional
bearing, and personal comportment.

The Policeman and his Oath


In raising their hand in solemn attestation and affirmation of their oath, our new breed of peace keepers and law
enforcers, imbued and invigorated as they are with their collateral concern and commitment to socio-economic
development and nation-building, have plunged themselves, in consortium with the other relevant agencies and
instrumentalities of the Republic, into a vast battlefield on which to wage constructive wars.

CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICIALS

1. Serving the community and by protecting all persons against illegal acts.
2. In the performance of their duty, Law Enforcement Officials/Officers respect and protect the human dignity and
maintain and uphold the human rights of all persons.
3. Law Enforcement Official/Officers may use force when strictly necessary and to the extent required for the
performance of duty.
4. Matters of a confidential nature in the possession of Law Enforcement Officials/Officers shall be kept confidential
unless the performance of duty or the need of justice strictly required otherwise.
5. No Law Enforcement Officials/Officers may inflict, instigate or tolerate any act of torture or other cruel, inhumane
or degrading punishment
6. Law Enforcement Officials/Officers shall ensure the full protection of the health of the person in their custody and
in particular, shall take immediate action to secure medical attention whenever required.
7. Law Enforcement Officials/Officers shall not commit any act of corruption; they shall also rigorously oppose and
combat all such acts.
8. Law Enforcement Officials/Officers shall respect the law and the present code. They shall also, to the best of their
capabilities, prevent and rigorously oppose any violations of them.

65
FUNDAMENTAL PRINCIPLES

1 The police have the responsibility to prevent and control crime.


2 The police have the responsibility to recognize that the fulfillment of its function is dependent upon community by
approval of its existence and on its ability to obtain and maintain responsive support and participative cooperation.
3 The police have the responsibility to recognized that in order to secure and maintain the approval, support and
cooperation of the public, it has a collateral responsibility of securing the willing assistance of the public in the task
of securing observance of law.
4 The police have the responsibility to recognized that when the community cooperate and assist the police it
diminishes proportionately the need for the use of physical force and compulsion in achieving law enforcement
objectives.
5 To seek and preserved public favor, not by soliciting public opinion, but by constant demonstration of impartiality
by ready offering members of the community with out regard to their wealth, friendship, social standing, and race
and by ready offering of individual sacrifice and to some extent, the sacrifice of relatives.
6 The use of physical force, only when the exercise of persuasion, advice and warning is found to be insufficient in the
pursuit of law observance or to restore order and shall restore only minimum degree of physical force necessary or
any particular occasions in achieving the enforcement objectives.
7 Public officer is a public is a public trust.
8 To recognize the need of strict adherence to the law, refrain from usurping the power and authority of the judiciary
in avenging individuals, judging guilt and punishing the guilty.
9 Crime prevention
10 Presence of personal moral responsibility exemplified by virtuous behavior and non- compromising law
enforcement.
11 Achieved of professional service.
12 To recognize the stability.
13 Magnificent principle- fear god, honor the govt. And respect the people.
14 The people is the peacemaker, the police is the peacekeeper and the local government is the peace preserver.

CHAPTER II

VALUES

Values Defined

Values as Webster’s define it as something regarded as desirable, worthy, or right, as a belief, standard or precept
(rule of conduct or action). Under the Department of Education (DEPED) Values Education Program, value pertains to
a thing which is perceived as good and desirable. Food, money, and housing have a value because they are perceived
as good and the desire to acquire those influences attitudes and behavior. However, values also include ideals and
concepts such as truth, honesty, and justice. Further, DEPED stated that values are the bases of judging what attitudes
and behavior are correct and desirable and what are not.

Values Education

Values Education is the process of enhancing the valuable traits of every individual (Punsalan, et al). Traits are
those distinguishing features or qualities of mind or character (Webster’s). DEPED defines values education as the
process by which values are formed in the learner under the guidance of the teacher and as he interacts with this
environment.

Values Education Philosophy


Values Education is best understood and accepted if one understands the concept of a human being. The 1987
Philippine constitution has these to say about a human being:
1. He/she is an individual self-conscious being of incalculable value in himself (Art.11, Sec.11: Art. XIII, Sec.1)
who cannot be a mere instrument of the society and of the state;
2. He/she is not just body and soul juxtaposed or mixed as oil and water, but he is an embodied spirit. Hence, his
physical, intellectual, moral, and spiritual well-being is recognized by the State. (Art. II. Sec.13);
3. He/she does not live in isolation but in community with other persons-physical, intellectual, moral and spiritual
like himself. (Art. II, Sec. 13);
4. He/she belongs to a family, the basic unit of society or, in the words of the Constitution, "the foundation of the
nation" (Art. XV, Sec.1) as well as to a wider and more complex society of men and women;
5. He/she is also economic. Life in a community involve the concerns of livelihood, sufficiency, production, and
consumption; and
6. Lastly, he/she is political. The Filipinos have constituted themselves into a nation-state to pursue the goal of
"social progress" and " total human liberation and development." (Art.II,Sec.17)

With these, Values Education emphasizes that the development of the human being is the development of all his/her
potentials as a special creation of God which is having an innate spiritual, physical, moral, social, economic and political
powers (Art. II, Sec. II; Art. XIII, Sec. I, 1987 Philippine Constitution). Values education enhances these potentials for
the common good (Punsalan, et al).

Filipino Values

66
Every culture in the world has its own established values that define their identity as a distinct group of people. The
Filipinos too have the following valuable traits (there may be more):

1. Fear of the Lord (Pagkatakot sa Diyos) – This helps Filipinos recognize the Divine Being as source and inspiration
of everything in the world which translates into respect for fellow Filipinos and for nature.
2. Faith (Pananalig) – Being religious is the kind of faith every Filipino carries in the heart an assurance that the
Divine Being watches over each and every one of us.
3. Close Family Ties (Makapamilya) – Filinos basically values family relationships.
4. Community Spirit (Bayanihan) - The whole community pitching in to help out an individual or family.
5. Solidarity (Pakikibaka) – Filipinos show unity in fighting poverty, injustice and inequality.
6. Love for Others/Fellowmen (Pakikipagkapwa/Pakikisama) – Filipinos are naturally mindful of the welfare of
others.
7. Knowledge (Karunungan) – This is characterized by Filipinos love to learning new things.
8. Love for Country or Patriotism (Pagmamahal sa Bayan) – Filipinos are culturally and naturally proud of their
own.
9. Responsible Citizenship (Mabuting Mamamayan) – Filipinos value good deeds towards their community and
government.
10. Courage (Lakas or Tibay ng Loob) – Filipinos usually fight for what they believe.
11. Industry/Hardworking (Masipag or Kasipagan) – This is an innate characteristic of Filipinos who in spite of
adverse condition, they works hard to attain their goals.
12. Nurturing (Mapag-alaga or mapag-aruga) – Filipinos love to care for the weak. This is manifested by properly
caring of children and even the aged parents.
13. Faithfulness (Katapatan) – This is characterized by faithfulness of spouses to their respective spouses, faithfulness
to the country, and faithfulness to one’s employer.
14. Joyful (Masayahin) - Even in chaotic situations, Filipinos still can make a laughter out of those adversaries.
15. Flexibility or Adaptability (Marunong Makisama) – Wherever you place Filipinos, they have the ability to survive
because of this trait.
16. Creativity or Ingenuity (Marunong Gumawa ng Paraan) – No adverse situation that could not be overcome by
Filipinos because of this trait.

CHAPTER III

POLICE COMMUNITY RELATIONS: CONCEPTS AND STRUCTURES

A. INTRODUCTION:

What is community relation? Community relation is like a three-legged stool, each leg of an equal importance in
holding the stool upright. One leg is public relations in, its traditional sense. Another leg is community service. The third
leg is community participation, and this is facet of the total community relations’ job that is being emphasized today in
police and community relations program (Agas, unpublished material). Neglecting one of these legs will eventually weaken
the community relation programs of the PNP.

Brief Historical Development of Police Community Relations


1. Police Community Relations Command formally started when the Civil Relations and Information Group (CRIG)
was organized pursuant to Staff Memo. Nr. 2 dated September 30, 1983 with then PC Colonel Rene R. Cruz.
2. From CRIG it was changed to Civil Relations Center on December 1990 under P/Sr. Supt. Harry C. Lorenzo.
3. Extensive studies were conducted on the real role and scope and functions of the CRC. This resulted to the renaming
of CRC to Police Relations Service with P/C Supt. Regino Aro III as its first Director.
4. However, P/C Supt. Aro was transferred and PRS lasted only for over a year. Through the initiative of the next
Director P/Sr. Supt. Arturo A. Añas, it was again renamed to Police Community Relations Command pursuant to
Resolution No. 92-36 of the NAPOLCOM signed on October 15, 1992 and effective on October 1, 1993.

B. DEFINITION OF TERMS
1. Barangay - the basic political unit of the Filipino nation that implements the policies of the national and local
governments.
2. Community - Refers to the civilian populace in cities, municipalities or Public in general, and shall use
interchangeably with public, citizenry, society, or private sector.
3. Human Relations - Consists of those fundamental precepts, both moral and legal, which govern the relationships of
men in all aspects of life.
4. Mass Media - implies the use of radio, television and emotion pictures in transmitting information to the public.
5. Police - a group of persons established, maintained and organized for keeping order, safety, protection of lives and
properties and for prevention and detection of crimes.
6. Police Community Relation (PCR) - the sum total of dealings between the police and the people it serve and
whose goodwill and cooperation it craves for the greatest possible efficiency in the service.
7. Police Ideal - the expected essence of perfection, sympathetic, courteous intelligent, honest, and in control of his
emotions and temper, at all times. It is also includes courage and highest sense of dedication to duty.
8. Personal Media - implies the use of rallies, meetings, speeches and house to house visits to the community.

67
9. Police Public Relations- The continuing process by which endeavors are made to obtain the goodwill and
cooperation of the public for the effective enforcement of the law and accomplishment of police purpose.
10. Propaganda - the planned use of Public or mass communication for public purpose.

C. THE CONCEPT OF PCR


1. “Doing good” means the delivery of the necessary police service to the community and is a joint responsibility of
all directorate of the command.
2. “Telling the people about it” is simply the proper projection of the command before the public and is basically a
PCR responsibility.

D. PRINCIPLES OF POLICE COMMUNITY RELATIONS


1. Public support must be maintained.
2. Public resentment must be avoided.
3. Public goodwill must be developed.
4. The public must be kept informed on regulations and policies.

E. CURRENT PNP PCR THRUSTS AND OBJECTIVES

PNP PCR Thrust

1. To restore public trust and confidence in the PNP.


2. To improve community participation and inter-agency coordination in support of police activities.

PNP PCR Objectives

1. Improve public perception, opinion and attitude towards the PNP, through publicity of the PNP organizational and
individual accomplishment.
2. Enhance public awareness and support on law enforcement, public safety and internal security.
3. Strengthen linkages with the pillars of CJS, other government agencies and NGO’s.
4. Organize and mobilize sectoral organization in support of police programs.

Additional Objectives of Police Community Relations


1. To maintain and develop the goodwill and confidence of the community for the police.
2. To obtain cooperation and assistance.
3. To develop public understanding, and support and appreciation for the service of the police.
4. To create broader understanding and sympathy with the problems and needs of the public.
5. To facilitate law enforcement and compliance.
6. To build public opinion in favor of the Police
7. To achieve the Police purpose or preserving the peace, protection of life and property, and the prevention of crime.

NEED FOR PUBLIC SUPPORT

The ultimate objectives of police community relations is to influence the opinions, emotions, attitudes, and behavior of
the public so that they will behave in a manner beneficial to the unit, in particular, and the PNP in general either
directly or indirectly, and to solicit public support in order to make it easier for the police to accomplish their task
successfully.

F. STRUCTURE OF THE PNP PCR

PCR is one of the major PNP Directorates along with personnel, intelligence, operations, logistics, plans and
programs, comptrollership, investigation, human resources and doctrine development and research and development.
Nonetheless, specialized units were organized to manage the PCR programs of the organization. These are called the PCR
family in police parlance. These units include:

1. Directorate for PCR at the Directorial Staff Level.


2. Police Community Relations Command – a national service support unit.
3. Offices of the Assistant Regional Director for PCR
4. Police Community Relations Offices.
5. Public Information Office

G. THE MAJOR STRUCTURE COMPONENTS OF P.C.R

1. Police Information and Education – These are communication activities utilizing the various forms of media
geared towards creating consciousness and awareness among target audience on facts and issues vital to the
development of an efficient, respected, and supported police force. Sub-components are:
a. Community Information - activities utilizing the various forms of media directed towards the public at large
designed to increase their consciousness and knowledge of facts and issues for purpose of enhancing law

68
enforcement, counter insurgency and crime prevention efforts, increasing crime solution efficiency to include
weakening of the will of the Criminal elements and insurgents and enlightening other groups of individual
Critical to the government in general and the police organization in particular.
b. Institutional Information - activities utilizing the various forms of Media directed towards the public at large
designed to generate trust, confidence and popular support for the PNP or simply enhancing public perception
and knowledge about the PNP as an institution of the government.

2. Police Community Affairs - activities outside law enforcement but which necessitates PNP support and or
participation, the end result of which ultimately contribute to better appreciation and an enhanced support to the
PNP in whole in part by the populace.
a. Community Assistance and Development - activities outside the field of the law enforcement under taken
upon the initiative of PNP unit of personnel for the purpose of enhancing life as a means of drawing the support,
appreciation and support of the public to wards the PNP. Examples are:
1) Availment of PNP personnel, facilities and equipment
2) Fund raising projects
3) Participation in sports and cultural events
4) Complaint assistance and referrals for non-criminal cases to concerned agencies
5) Attendance to complaints including human rights violations and abuse by the PNP personnel.
b. Community Inter-Relations - activities outside the filed of Law enforcement under taken upon the initiative of
other government agencies, non – governmental organization, and or individual citizens whereby a PNP unit or
personnel actively contributes time, money and or service as a means of drawing the support, appreciation, and
cooperation of the public towards the PNP in whole in or part. Examples are:
1) Skill development training
2) Livelihood development
3) Disaster preparedness
4) Medical- dental outreach programs
5) Sports development
c. Community Organization and Mobilization - activities revolving around the accreditation of existing groups or
creation of new ones with the end in view of having allies within various sectors in the community who could
be tapped to assist in the conduct of law services, community works and the like. Examples are:
1) Students or out of school youth
2) Residents of squatter colonies
3) Religious groups
4) Government employees
5) Drivers
6) Bar girls

H. INTERNALIZING COMMUNITY RELATIONS

1. Making entire departments do what police-community relations do now - Special programs would remain the
responsibility of the units just as other units in police agencies also have special responsibilities.
2. Weakening Law enforcement – Viewing crime, as a social problem does not imply that crime control would be
“soft”. Actually, police might become more strongly dedicated to crime control than they are now, and possibly
become more effective in that task.
3. Close involvement with partisan politics – Mobilizing support for Police-community relations by state, country, and
community levels may involve working with “political” figures and organization, but it is a position that is not
partisan, conservative, or liberal.
4. Bending“ to community pressures - Clearly, this is danger in the face of conflicting demands, but risk can be
contained provided that bargaining away the police mandate. Because openness is reciprocal, the risk can become an
opportunity for citizens to understand and respect the police mandate in society.
5. Turning police officers into social workers - Social interaction is a critical part of police work, and police perform
“social” work are develop, maintain, and strengthen the social welfare system so that it can meet basic human needs;
to assure adequate standards of subsistence health and welfare for all; to enable people to function optimally within
their social institutional structure of society.

I. WHAT THE CONCEPT DOES MEAN?

1. Reviving the ideas of “The people’s police”. This is the basic notion on which moderns, urban police departments
were founded. Needs for police service must be determined on the basis of ongoing communication between the
people and the police.
2. A more reasoned for Police work. Police officers usually operate with a repertoire of responses determined by
penal codes, municipal ordinances, and demands of the often-recurrent types of situations and emergencies with
which they deal. The police-community relations’ concept encourages police to deal with complex problems in
complex ways, going beyond traditional constraints and procedures where necessary.
3. A deeper more comprehensives interest in human life. To some, this phrase may sound sentimental, and to
others, unnecessary, because many effective police officers now operate with humanity and compassion. Still many
police officers do not find it improper to adopt cynical attitudes toward human life. The police-community relations’
approach by contrast, stress police are both entitled and required to take an Interest in and help to resolve human
problems.

69
4. An acceptance of the view that “relations” is a process not a product. It is vital, ongoing, and constantly
changing. It requires mutual respect and mutual exchange and cannot be compartmentalized if it is to be effective.

J. IMPACTS OF POOR PCR


1. Impacts to the Public
a. Will not report the occurrence of crime
b. Will not come forward and provide information
c. Will be uncooperative during criminals
d. Will not assist in apprehension of criminals
e. Will not be supportive of police activities
f. Will not testify in court voluntarily
g. May even aid the criminals
2. Impacts to police officers
a. Becomes less judicious and less discreet
b. Reluctant to act on some matters needing police action
c. Induce unnecessary use of force
d. Induce verbal abuse
e. Induce improper practices
f. Makes an officer isolated & unhappy in his community
g. Diminishes his sense of fulfillment

K. LIMITATIONS OF PCR
1. Lukewarm attitude of some
2. Inadequate general and technical support for PCR
3. Lack of qualified/trained personnel for assignment with PCR units
4. Enhancement of linkages between PCR units and other PNP units

L. TYPES OF POLICE COMMUNITY RELATIONS

1. Public Information Program - Designed to bridge any communication gap between the police and public.
Duties of Public Information Officer
a. He must be keep well-informed so that he will understand and appreciate the complexities of Police work and
the good service the police render to the community.
b. He must be informed the greatest number of the police in the community shall benefit as much as possible, by
using mass and personal media.
Some Activities Implemented by Public Information Officers
a. Conduct of barangay tanod seminars
b. Conduct of barangays and informed the barangay officials regarding trends and other police community
problems
c. Police station commanders assign a place in police station for barangay leaders so that they can work together
and provide coordination.
d. Produce and distribute brochures, advising the people on how to protect themselves in their homes and
premises.

2. Public Relation Program - It is designed to maintain harmony and mutual support between the police and
the community. The mission of Public Relation Officer is to gain public support for police policies and to win
citizens cooperation’s in the program and procedure of the police station in order to facilitate the accomplishment
police task.

Duties of Public Relation Officer


a. He shall issue press releases from to time regarding police activities, which are of public concern.
b. He shall evolve and conduct public rotation program to promote better and closer relations between the police
and the community.
c. He shall build good image through actual commendable performance, without inefficiency and corruption.
d. He shall evaluate public opinion and attitude with respect to the policies methods, personnel of the police
station.
e. He shall plan and carry out programs aimed at keeping the public informed on police activities.

Some Activities Implemented by Public Relation Officer


a. Conduct face to face communications including dialogue with the public.
b. Attend social cultural activities of the barangay, such as birthdays, weddings baptismal parties, wake and others.
c. Attend multi-sectoral ugnayans, which include religious sects, school, barangays civic organization and
governmental agencies.
d. Sending letters of appreciation to citizen whom assists the police in their work.

3. Civic Action Program – This aims to maintain and encourage community development. In this program, it makes
the policeman a friend and partner of the people for progress as well as their defender. It can range upward from
basic individual act of courtesy of self-help, up to major engineering projects.

Duties of Civic Action Officer

70
a. He shall encourage and actively participate in athletic competitive in promote youth development by wisely
coordinating with the social elements of the populace.
b. He shall initiate if necessary, fund raising campaigns for juvenile delinquents, who are being reformed.
c. He shall be alert to safeguard the community against loss and damages on properties and possible death, in the
events of calamity.
d. He shall render possible assistance especially to the men folk in enabling them obtain the means of productive
endeavors and discourage them from loitering in the street, or engaging uneconomic activities such as illegal
gambling and others.
e. Whenever feasible, he shall promote an activity and participate in the establishment of free medical and dental
civic action with special attention to the community.

Some Activities Implemented by Civic Action Officer


a. Conduct of free reflexology programs
b. Assist Philippines National Red Cross on blood donation campaign by exerting extra effort in appealing to
barangay officials.
c. Conduct free medical and dental civic action community.
d. Conduct free deforming of affected children in depressed areas.

4. Psychological Program – It aims to condition both friendly and hostile public thereby insuring facilitating the
attainment of police objectives. In addition, this program is designed to influence the opinions, emotions attitude
and behavior of the community so that they will behave in a manner beneficial to the police particularly the PNP in
general, either directly or indirectly.

Duties of Police Officer in Psychological Operation Program


a. He shall strive to mold the youth into useful and law abiding citizens, thereby minimizing their chances to
engage in the criminal activities And preventing them from being influenced by the misguided elements of
society.
b. He shall be adequately prepared to articulate on the gains achieved by the government in formal or informal
gatherings so that they can develop unity and cooperation among people and neutralize any smear campaign
being wage by the elements hostile to our government.
c. He shall develop an attitude of deep concern for the individuals in his area of operation instead of being
indifferent to their problems.
d. He shall be instrumental in the development of civic mindedness among the criminal offenders under his
custody by providing examples why crime does not pay.

Activities Implemented by Psychological Operation Program


a. Conduct seminars for barangay officials, police civic relation officers, school officials to enable them to
understand home defense activities.
b. Promote seminars among barangay leaders regarding community relation activities.
c. Identify income generating projects/activities.

Teach-ins, Live-ins and Barangay

Teach-Ins
Members of the PNP assigned to conduct Psychological Operations may gather small group’s residents,
including persons of influence in the Community and give lectures or engages the group in formal conservation.
Individuals conducting the teach-in strive to become intimate with the group to identify their personal problems and
offer sincere suggestion on how to solve them, but always with the support the police mission of eradicating crime
and lawlessness.

Live-Ins
The live-in is detailed and more extensive version of the teach-ins. Policeman assigned to conduct live in
should preferably be a long time resident, if not native born citizen of the place where the live-in is conducted.

TEACH-INS (Compared LIVE-INS


to)

 The conductor is looking for gravest  The conductor is looking for the
personal problems of Individual or group urgent problem of the family.
 The conductor will not stay in the House of  The conductor will stay in the
the subject house of the subject.
 The conductor is not a long time resident  The conductor must have a long
of the community time resident in the community.
 The conductor will take several Hours and  The conductor will take at least two
as mush as possible extend up to days depending upon the
nighttime. Evaluation.

71
CHATER IV
COMPREHENSIVE PCR AND PUBLIC RELATIONS

A. COMPONENT OF THE COMPREHENSIVE PCR PLAN


The two major components of the plan, namely INTERNAL REFORM and GAINING OF INSTITUTIONAL
SUPPORT, therefore, aim to improve the image of the PNP and re assure the general public that they can depend on the PNP
to be their protector and guardian in order to hasten and facilitate community mobilization for Anti-crime efforts.

Situation Perception

Institutional Internal
Support Reform
Police Community
Relations programs

Resultant

Enhanced
image of the
PNP
Comprehensive PCR Programs

B. CONDUCTING INTERNAL REFORMS:


1. Continuous Values Orientation and skill development of PNP personnel:
b. Intensification of police education and values orientation.
c. Internalization of the Code of Ethics and Professional Standard of the PNP, moral and spiritual values and basic
courtesies relative to Law Enforcement.
2. Unrelenting clean up of the organization of misfits, criminal elements, and leaders with low potential. Entails the
continuous investigation, suspension or dismissed of misguided and erring police level at all level. More on OPLAN
PAGBABAGO.
3. Unrelenting effort to brighten up the physical appearance of the PNP facilities and vehicle. Sprucing up of all police
station or offices to create a public friendly atmosphere therein and the exercise of proper care.

C. CAMPAIGN FEEDBACK AND EVALUATION SYSTEM (CFES)


1. Unit Visitation
2. Surveys
3. Records
4. Interviews
5. Media Analysis

D. NET WORKING OPERATIONS: “THE CONCEPT OF EXECUTION”


1. Congress: Congress being the law making body is one of the vital governmental institutions that can support the
PNP. Following activities may be taken:

Effecting Liaisoning:
a. Organization Level Liaisoning: The Directorate for PCR shall maintain a liaison office with Congress whose
main task is monitor, get the pulse, actively interact and possibly influence lawmakers on matters affecting the
PNP.
b. Top Hierarchy Level Liaisoning: Top leadership of the command shall conduct regular FACE to FACE
dialogues with key members of the Congress as well as different Congressional Committees handling PNP
affairs as well as with different Congressional Committees handling PNP affairs in order to present for their
appreciation And support matters affecting the PNP.
c. Special Individual Liaisoning
d. Monitoring and assessment activities
e. Special Activities
f. General Liaisoning

72
2. The media: The media is unquestionably most powerful instrument in forming public opinion. Specific activities
to be taken with respect to this institution are the following:
a. Development of guidelines on Media – PNP relationship. In brief this guideline shall from the basis of the PNP
as an organization as well as of its individual personnel dealing with the media.
b. Providing timely and accurate information through press releases, regular conference, daily bulletins, and
attendance to talk show and similar programs.
c. Giving the media reasonable accessibility to source of information in accordance with the existing security
regulations.
d. Improvement of rapport with media through non- law enforcement activities such as sports, outing parties and
the like.
e. Giving of special awards by the PNP to deserving media personalities.

3. The Church: Another important institution of our society especially in opinion building in predominantly God
living and God fearing country such as ours. The opinions of church leaders carry much weight among the religious.
It need not underscored that a pastoral letter read through out the country carries great impact.
a. Liaisoning with important church personalities.
b. Monitoring and assessment
c. Special activities

4. The Students/School: Another big and important institution of society whose support, sympathy and empathy
when properly exploited will provide the PNP a potent ally.
a. Effective liaisoning with key school authorities
b. Monitoring and assessment
c. Involved and support in different school activities such:
1) Drug education program
2) Crime prevention program
3) Immunization and vaccination program
4) Organization of Junior Police
5) Medical/Dental out reach program in coordination with DECS/DOH.

5. Community/Non-Government Organization (NGO): They are composed of society of people having common
rights and privileges, common interest and aspirations formally organized but at times most determinative of the
outcome of an issue.
b. Listing
c. Identification/assessment of existing NGO.
d. Liaisoning with the NGO.
e. Mobilization of NGO in support of PNP programs and projects.

E. PUBLIC INFORMATION AND PROPAGANDA OPERATIONS:


1. On Internal Security - Intensified information on evils of the ideology and actual terrorist operations through
regular issuance of Press releases. The editors of columnist and enhanced utilization of the tri-media to write, print,
and broad cast.

2. On Crime Prevention
a. Sustained information drive on how the public can reach public assistance.
b. Strengthen public, and the utilization of the tri-media especially on modus operandi safety and the like.

3. On Public Safety
a. Intensified information drive on pre disaster preparedness.
b. Support information drive on how to get government assistance when affected by calamity or disaster.
c. Intensified information campaign to generate awareness and sympathy for the victims of calamities and
disasters with the aim of gaining relief and other support to them.

F. PUBLIC RELATION
It is a program designed to make the public aware of what the agency is doing, why is it doing, and how it
contributes to the welfare of the community.

Foundation of Public Relations - “Do not do onto others what you do not want others unto you.” Public relation is also
founded on the following concepts:
1. Live and let die
2. Give before you seek to get
3. Give what is due to others.
4. See the other person’s side
5. Respect, so you would be respected.

Obstacles or Irritants in Human Relations:


1. Police brutality
2. Abuses in search and seizures
3. Political interference
73
4. Graft and corruption
5. Police use of foul, abusive languages
6. Harassing police tactics like indiscriminate searches
7. Filipino negative values
8. Lack of police professionalism

Ten Commandments of Human Relations


1. Speak to people. There is nothing as nice as a cheerful word of greeting.
2. Smile at people. It takes 65 muscles to frown, only 15 to smile.
3. Call people by name. The sweetest word to anyone’s ears is the sound of his own name.
4. Be friendly and helpful. If you would have friends, be friendly.
5. Be cordial. Speak and act as if everything you do is a genuine pleasure.
6. Be genuinely interested in people. You can like everybody if you try.
7. Be generous with praise- cautious with criticism.
8. Be considerate with the feeling of others. It will be appreciated.
9. Be thoughtful of the opinion of others. There are three sides to a controversy. Yours- the other fellow’s- and the
right one.
10. Give service. What counts most in life is what we alert to do for others.

G. TYPES OF PUBLIC RELATION:


1. Public Awareness Programs
a. Mobile Vans- Certain variety of display and exhibit of police equipment, which help to explain to the public,
what the police do and how they do it.
b. Displays and Exhibits- Set up in department stores, shopping centers, and other public locations are a popular
way in which the police can bring their messages to the public.
c. Informative Materials- Distribution of pamphlets or brochures, which are designed in relation to their services
to the public.
d. Open House- Conducted during certain times of the year such as police week, or law observance week, public
tours of facility.
e. Public Speakers- Provide speakers for various types of public gathering such as civic clubs, businessmen,
associations and social groups.
f. Ride Along- Permits number of the community to ride in a police car with an officer and observe field
operations.
2. Informational Programs:
a. New Arrivals - making some members of the community feel at home in their news surroundings.
b. Traffic Advisory Reports - announcing important traffic matters such as road accidents, highway construction
and traffic congestion.
c. Informational Bureaus - as renewal of drivers’ license, payment of utility bills, availability of legal services
and other items.
d. Informational Brochures - booklets, pamphlets, and other types of publications, which contain information of
the community interest.
3. Image Building Programs- Promoting programs which are designated to create a more favorable public image of
the police. This can be achieved through:
a. Citizens awards
b. Police Color Guard
c. Police Citizens Luncheons
d. Operational Handshake
e. Recruit Visitation Programs
f. Community Events
g. Gift Packages

PEACE OFFICER’S INDIVIDUAL PUBLIC RELATIONS

1. Domestic Relations – his family, parents and immediate relatives, with whom he has to have good relationship in
order to develop a respectable family prestige as well as cordial community relations.
2. Neighborhood Relations - neighbor who constitutes a vital link to good reputation in the community.
3. Community Relations – with the citizens of the community, city or town where a person likes, his membership or
contribution to civil undertakings and his membership or contribution to the civic organization or community
associations in the locality.
4. Church Relation – with religious affiliation is necessary for the stability of moral principles.
5. Government Relations – with the government and its various instrumentalities.

H. PEACE OFFICER’S PROFESSIONAL PUBLIC RELATION


1. Intra-Departmental Relations – with the officers and men of his own department, his supervisor, the station
commander, as well as the city/municipal mayor where he is assigned.
2. Inter-Departmental Relations – with the Philippine National Police and other law enforcement agencies of the
government.
3. Citizen’s Relations – with the citizens in relations to the enforcement of the law and the maintenance of peace and
order, together with the giving of information to the public or criminal and non-criminal activities.
74
4. Complainants’ Relations – with complainants, the techniques of interview he uses, the manner of approach he
adopts, the treatment of witnesses as well a informers.
5. Relations with Accused Persons – proper treatment of suspects, the recognition of their constitutional rights during
custodial investigation and the handling of accused persons during confinement.
6. Relation with State Prosecutors and/or Fiscals - police officer’s duty to cooperate during preliminary
investigations and the gathering of further evidence once the case is filed by the fiscal.
7. Judicial Relations - peace officer’s duties toward the courts when appearing as a witness and the honesty of his
testimony.

I. THE MANY COMMUNITIES IN COMMUNITY RELATIONS


1. External Communities – outside the PNP
a. The Justice Community -
b. The Human Services Community - includes many public and private and social service resources mental
health general services, media civic and religious groups and educational services.
c. Citizens and the Police - Peels Principles State that “the police must secure the willing cooperation of the
public in voluntary observance of the law to be able to secure and maintain public respect”.

2. Internal Communities
a. The Personal Support Community - both in the sense of family system and close personal relationships,
affect the officer’s perspective and effectiveness.
b. The Police Community - community relations outside the agency will be supported or undermined both as a
matter of policy and practice.

J. REGAINING AND MAINTAINING PUBLIC TRUST AND CONFIDENCE


1. The police should be people oriented to recognize the divergence of people and yet capable to working together
with them of a common good. Being good is not enough, you must show it by the way you perform your job and by
the state of discipline of every officer and men in the police station or similar unit.
2. The command must increase the personnel assigned to patrol division in line with the police visibility program
and to make them available to provide police assistance at any time.
3. Requesting the community to assist in identifying the scalawags in uniform as a basis for giving immediate
disciplinary action against them.
4. The policeman should closely coordinate with the business community to identify areas where police presence is
needed.
5. Conduct in-depth study and to initiate the immediate assignment of police to every barangay to serve the police
needs and to call upon residents and oversee their well being.

K. POLICE AND THE COMMUNITY


Police Characteristics:

1. Morale and Esprit de Corps - There must be high morale among the members of the PNP reflected in their
“ESPRIT DE CORPS” and spring from their genuine loyalty and noble faith in the policies and objective of their
organization.
2. Must Have Exacting and Exemplary Conduct - The community demands that members of the PNP are more
exacting (demanding) and exemplary than is expected from private citizens.
3. Police Must be Understanding - Policeman’s duty is to regulate the conduct and administers to the needs of the
people of all walks of life.
4. Police Influence Over the Community - The community looks upon policeman as representative of the authority
of law.
5. Practice of Courtesy - Being courteous involves much more than friendliness. To appreciate sincerity habitually
performed acts of courtesy requires cultivation of appearance, voice, manner, intelligence humor, temperament and
unselfishness that are easily appreciated by the people.
6. Courteous Treatment of Law Violator - Numerous contacts with anti-social persons are likely to cause the
policeman to assume an attitude of veneer hardness.
7. Leadership - True leadership is personal it is a psychological balance showing a well integrated personality.

A good leader should possess the following qualities:

1. Self-Confidence is faith to oneself, and it is predicated upon knowledge, still in applying knowledge, and in the
ability and willingness to pass one’s knowledge for the benefits of the others.
2. Self- Sacrifice is a fundamental trait to true leadership. It is inescapable fact that to contemplate a situation without
bias requires first a complete subordination of self. Effective police work requires the utmost self-sacrifice;
policeman who is selfishly impressed with their authority cannot succeed as leader.
3. Paternalism as a quality is found in policeman who is mindful of the welfare of other. It is basic to police
leadership because community welfare is the primordial responsibility of the police.
4. Fairness and Honesty are qualities that have universal appeals. Thus, there is opportunity or need to display these
qualities especially in the police service.
5. Decisive - Initiative and decisiveness are characteristics traits of man who acts correctly and at the proper time.

75
6. Personal Dignity is indicative of a policeman’s appreciation of the honor of his position. It is an excellent
manifestation of his “esprit de corps” and is a powerful factor in creating community respect.
7. Physical and Moral Courage - The community assumes that policemen are physically courage, yet true courage is
not thoroughly understood by most citizens. It is a common misapprehension to consider reckless disregard of
danger as a manifestation or courage and bravery.
8. Moral Ascendancy - Moral ascendancy is the influence that one-person exercise over a group of persons by
reason of exemplary nature of his character. It arises out of withstand the hardship and vicissitudes of the work,
sincerity of purpose that manifest it willingness to personally adhere, without equivocation, to the same standards of
conduct that he is duty bound to enforce upon other.
9. Dependability and Punctuality - The public has the right to demand the same guarantees in the manner of its safety
as all exacts for the protection of Public health.
10. Attitude in Trial Court - Police men attending court sessions in whatever capacity, shall not only appear in proper
attire, but should also observe the following behavior while in the witness stand, to wit:
a. He must say nothing but the truth.
b. He must be calm
c. He must be prepared
d. He must be courteous
e. He must be natural and straightforward
f. He must maintain his temper
g. He must be attentive to the questions to be heard.
h. He must speak loudly enough to be heard.
i. He must be conscious of his personal appearances

11. Appearing as a Witness


a. Witness in Criminal Case - Policeman shall, when subpoenaed as a witness in a criminal case, promptly notify
their immediate chiefs. No members of the PNP shall be a witness in such capacity without the service of a
proper subpoena.
b. Witness in Civil Case - No member of the PNP shall testify in civil cases unless summoned to do so by proper
authority.
c. Action After Court Attendance - A member of the PNP attending any court session under subpoena/ summon or
other processes as a witness, shall after having been released therefrom for the day, immediately report to their
superior officer.

L. POLICE PERSONAL APPEARANCE AND THE COMMUNITY


1. Police Personal Appearance -
a. He shall be properly attired and equipped whenever he appears before the public.
b. He carries with him only the prescribed regulation weapons and other related items.
c. He shall dress moderately and of good taste if and when they must wear civilian clothes.
d. He must maintain good posture and grooming.
e. He must see to it that his uniform is clean and properly maintained.

2. Police Satisfactory Uniform - A satisfactory uniform, comfortable for the officer and pleasant to the eye is
important. Attractive snappy uniforms influence the moral of the policeman as well as the “Esprit de Corps” of the
entire police force.

3. Police Personal Cleanliness


1. Policeman should be required to shave daily and to have their hair cut regularly.
2. Policeman should have frequent bath.
3. Policeman should have clean fingernails and other parts of the body.

4. Must Have Periodic Inspection - This factor of personal appearance and their effect on the community justify
among other, the periodic inspections of the force. Attention should be given in such inspections not only to hearing,
address and equipment, but also on the aspect of personal cleanliness just mentioned.

5. Policemen Mental Attitude -


a. He must be friendly and show willingness to serve.
b. He must not forget that he is a public servant, appointed for the role purpose of serving the community.
c. He must not give an impression of haughtiness, aloofness, officiousness or condescension.
d. He must refrain from sarcasm and flippancy.
e. He must develop pride in his organization
f. He must be proud that he is an officer and conduct himself with the dignity of that officer.

6. Policemen Habits and Conversation


a. Police officer must avoid subjects of smutty or questionable nature.
b. Police officer must establish habits of conversation, which are pleasing to the listener and avoid giving offence
by the subject matter or the method of presentation.
c. He must watch his diction and his English, test he falls into sloppy habits of speech. The attitude of Police
officer is quite important as his physical.
d. Should keep his hands out of his pockets, whether engaged in conversation or otherwise.

76
7. Policemen Personal Habits -
a. He should avoid restless habits such as tapping his finger or fact, whittling or other evidence of nervousness.
b. He should not permit himself to develop such unpleasant personal habits such as, hawking and spitting,
smoking while on duty in public place.
c. He should not smoke when speaking to a citizen, smoking habits that are offensive to the public should not be
permitted whether on the street or headquarters.

8. Policemen Must Avoid the Appearance of Evil -


a. He should be careful to avoid questionable associates and to spend spare time and obtained his recreation in the
company of those whose character and reputation are irreproachable.
b. He must avoid controversial questions, those dealing with religion, politics and the laws.
c. He must avoid domestic difficulties more assiduously than the average citizen.
d. Abstain from drinking intoxication beverage to excess.
e. He shall not engage in any form of gambling except those allowed by law:
f. He should avoid entering any housed of reported as being of ill-repute and other vice dens.
g. He shall not buy nor use or process smuggled products.
h. He shall avoid accepting any fees, rewards or gifts of any type, for any service rendered in the performance of
his duty other than his authorized salary or shall use his position for material consideration.
i. He should avoid “bad habits” celebrating Christmas, New Year and other occasion by firing their guns.

M. POLICE STATION/HEADQUARTERS AND THE COMMUNITY


1. Appearance of Police Station/Headquarters - The station/headquarter must have a business like appearance,
unsightly trash eliminated; thus, the police station/ headquarter must have the following appearance.
a. Must have presentable view inside or outside.
b. Must possess a well keep office that is worthy of the discipline of its force, honor ideal of Law enforcers.
c. Must be strict in anti-littering /smoking campaign in the building or grounds and police equipment shall be
maintained properly.
d. Trashcans shall be available and comfort room shall be clean and free from foul odors.
e. Must be identifiable and the desk shall bear the name of the policemen for public convenience/information.

2. Policemen at Station/Headquarters - The police station/headquarter should not only maintain a high standard of
efficiency, but it should give an appearance of efficiency. This is created by a business like attitude and conduct on
the part of the policemen. Thus, the policemen must avoid the following attitude:
a. Policeman should not roughhouse or among themselves in public view.
b. They should restrict their activities to the assembly room or those sections of the station reserved for their rest
of reaction. Otherwise the public may conclude that they are lofting while on duty.
c. He shall not in the station/ office or elsewhere while on duty, drink any intoxicating liquor or take prohibited
drugs or report to duty under the Influence of liquor or prohibited drugs; or habitual drunkard to the prejudice of
his duty.
d. Police should not indulge in loud, boisterous talk that can be heard by the public.
e. They should avoid an appearance of idleness and create an impression of business like efficiency.

3. Police Telephone and the Citizen - Telephone to the police station/office is very important since a person’s life,
property and liberty may be at state since the telephone operator is the first contact with the police department, it is
important that the conversation is pleasant and satisfactory as possible.
a. Police Telephone Greeting - It is important too, that the police operator gives attention to his manner of
speaking over the telephone.
b. Immediate and Courteous Reply - Incoming telephone calls to a police headquarters/station deserve
immediate and courteous reply.
c. Clear Enunciation - A policeman should meet the following criteria for efficient telephone conversation:
1) Policeman should speak with deliberate care and clearances into the transmitted.
2) Policeman should have a good diction and expression of courtesy.

4. Attitude in Receiving Complaints - When a citizen calls at the police station or approaches a policeman or the
streets to make a complaint, he should be accorded a suitable reception. The police office must adopt an attractive
manner; his attitude alert, his face and voice pleasant, and he must appear interested in the subject at hand. Timid
citizens often dread police officers should make great effort to place these timid citizens at ease. Some tips:
a. The complainants shall be given a feeling of importance regardless of the triviality of the complaint. Acts of
kindness like giving the complaint a seat would be long remembered and appreciated though it may seem
unimportant.
b. The police interview should be quick to detect where the real problem lies and allow the complainant enough
time to narrate his grievances.
c. Good police poise with pleasant voice should be adopted in order to gain confidence.
d. After complying with and directing all necessary actions on the complaint, the policeman shall thank the citizen
in a spirit of appreciation for his cooperation in bringing the matter to their attention.

5. Attitude of Complaint Desk Officer


a. The complaint desk officer should be alert and avoid ignoring a timid citizen. As soon as he sees a person
approaching, unless he is busy with other people, he should immediately offer his service by asking a simple
question such as, “May I do something for you, Sir/Madam”.
77
b. There should also be women at the desk to handle complaints from females who may be timid about
approaching or narrating to a male peace officer their problems. If there is no policewoman, a clerical employee
may be stationed at the complaint desk for his purpose.

6. Must Be Attentive to the Complainant


a. A person who approaches the police for assistance should be given ample authority to narrate his complaint.
The policeman can sometimes assist with intelligent questions, evidence of sympathy and assurances of help.
b. The policeman should focus his attention on the citizen while receiving the complaint.
c. The desk officer should take note of the complaint, even though the subject reported are not important for the
police.
d. Should the subject matter require the attention of some other divisions of the Headquarters/station, the citizen
should be referred to that office, but in such manner as to avoid any doubt as to policeman’ interest in the
citizen and his complaint.

N. SUPPLYING INFORMATION TO THE PUBLIC:


The police should be alert to assist the public in every way possible. Citizens invariably turn to the police for
information, and the police should be prepared to supply it. The headquarters’ staff and all other members of the police
station should know the geography of the city/town and surrounding areas, the principal highways, the direction and distance
to nearby towns, etc.

O. RECEIVING COMPLAINTS AND CRITICISM AGAINTS THE POLICE


Citizens sometime complain to patrolman regarding police station policies and programs over which the patrolman
exercises no control. The unfairness of making such criticisms to a patrolman is quite apparent. They are usually made for
the effect they have on the officer who receives them rather than in the expectation of corrective action. Such complaints
should be referred to the proper authorities for audience or if permitted, the officer may refer the complaint immediately to
his superior officer when a citizen makes the complaint on the matter to his superior.

P. LEGITIMATE COMPLAINTS AGAINST POLICE OFFICERS


The police station itself influences the attitudes of both the police and the public. The public does not react
favorably to an ill-smelling dank, poorly kept, and (human) unclean police station; neither to the police officers themselves.
While the police may have little choice in the location and arrangement of their headquarters they do have the opportunity
and the responsibility to maintain them in a clean and presentable condition.

APPENDICES

CODE OF PROFESSIONAL CONDUCT AND ETHICAL STANDARD

ARTICLE I

PRELIMINARY PROVISIONS

Section 1. Title - This code shall be known as Philippine National Police Code of Professional Conduct and Ethical
Standard (PNP Code of Conduct)

Section 2. Declaration of Policy - All members of the Philippine National Police shall abide and adhere to the
provisions of this Code of Professional Conduct and Ethical Standard.

ARTICLE II

POLICE OFFICERS CREED AND STAND ON BASIC ISSUES

Section 1. The PNP Core Values - The Police service is a noble profession and demands from its members
specialized knowledge and skills and high standard of ethics and morality.. In this regard, the members of the Philippine
National Police must adhere to and internalize the enduring core values of love of God, respect for authority, selfless
love and service for people, respect for women and the sanctity of marriage, responsible dominion and
stewardship over material things, and truthfulness.

Section 2. The Police Officer’s Creed.


2.1. I believe in God, the Supreme Being, a great provider, and the creator of all men and all dear to me. In
return, I can do no less than love Him above all, seek his guidance in the performance of my sworn duties and honor
Him at all times.
2.2. I believe that respect for authority is duty. I respect and uphold the constitution and the laws of the land
and the applicable rules and regulations. I recognize the legitimacy and authority of the leadership, and follow and
obey legal orders of my superior officers.

78
2.3. I believe in selfless love and service to people. Toward this end, I commit myself to the service of my
fellowmen over and above my personal convenience.
2.4. I believe in the sanctity of marriage and respect for women. I shall set the example of decency and
morality and shall have high regard for family life and chastity.
2.5. I believe in the responsible dominion and stewardship over material things. I shall inhibit myself from
ostentatious display of my property. I shall protect the environment and conserve nature to maintain ecological
balance. I shall protect the environment and conserve nature to maintain ecological balance. I shall protect private
and public properties and prevent others from destroying it.
2.6. I believe in the wisdom of truthfulness. I must be trustworthy and shall speak the truth at all times as
required by my profession.

Section 3. PNP Stand on Basic Issues - The deployment and employment of the PNP personnel require the
organization and its members to bare their stand on the following basic issues.
3.1. PNP Image - The image of any organization affects the esprit de corps, morale, welfare of the
members and sense of pride to the organization. In view thereof, all members of the PNP should conduct themselves
in a manner that would not place the PNP in bad light. Instead, they should live in accordance with the PNP core
values and possess the following virtues: honor, integrity, valor, justice, honesty, humility, charity and loyalty to the
service.
3.2. Career Management the key to Professionalism - The improper implementation will greatly
prejudice the personnel professionalization process as regards to procurement, promotion, all assignment,
placement, training, awards and retirement. To address the flaws, the PNP shall formulate stringent policy and
strictly implement the human resources development system, compatible to the equitable distribution of
procurement, fair promotion, rationalizes approach in assignment, skill development, immediate grant of reward and
award, decent living upon retirement.
3.3. Police Management Leadership - The effectiveness of law enforcement is reflective of the
managerial capabilities and competent leadership of the men and women in the PNP.
3.4. Equality in the Service - There shall be judicious and equitable distribution of opportunity to prove
one’s worth in the police service. The problem on equity thru class orientation and factionalism, both real and
perceived promise on favored assignment, inequitable opportunity of training, unfair granting of promotion, and
untimely awarding of achievement will create an atmosphere of demoralization. Its result is inefficiency and lack of
teamwork to the detriment of the organization. It behooves therefore on the PNP leadership to address the situation.
The civilian character of the organization requires adherence to the rule of merit and fitness system and to dissociate
the above process from class orientation and factionalism.
3.5. Delicadeza - In consonance with the requirements of honor and integrity in the PNP, all members must
have the moral courage to sacrifice self-interest in keeping with the time-honored principle of delicadeza.
3.6. Police Lifestyle - The PNP shall endeavor to promote a lifestyle for every member of the PNP that is
acceptable to the eyes of the public. Further, its members should set good example to the subordinate and follow
good example from their superiors. They must be free from greed, corruption and exploitation. The public expects a
police officer to live a simple yet credible and dignified life.
3.7. Political Patronage - All PNP members must inhibit themselves from soliciting political patronage in
matters pertaining to assignment, awards, training and promotion.
3.8. Human Rights - All PNP members must respect and protect human dignity and man’s inalienable
rights to life, liberty and property.

ARTICLE III

PROFESSIONAL CONDUCT AND ETHICAL STANDARD

Section 1. Standard of Police Professionalism - All members of the PNP shall perform their duties with
excellence, competence, integrity, intelligence and expertise in the application of specialized skill and technical
knowledge.

Section 2. Police Professional Conduct - All members of the PNP shall observe the following professional police
conduct:
2.1. Commitment to Democracy - Uniformed PNP members shall commit themselves to the democratic
way of life and values and maintain the principles of public accountability. They shall at all times uphold the
constitution and be loyal to our country, people and the police organization.
2.2. Commitment to Public Interest - PNP members shall always uphold public interest over and above
personal interest. All government properties, resources and powers of their respective offices must be employed and
used effectively, honestly and efficiently, particularly to avoid wastage of public funds and revenues.
2.3. Non-Partisanship - PNP members shall provide service to everyone without discrimination, regardless
of party affiliation in accordance with existing laws and regulations.
2.4. Physical Fitness and Health - All PNP members shall strive to be physically fit and in good health at
all times. Towards this end, they shall undergo regular exercise and annual medical examination in any PNP hospital
or medical facility.
2.5. Secrecy Discipline - All PNP members shall guard the confidentiality of classified information against
unauthorized disclosure, including confidential aspect of official business, special orders, communication and other
documents, roster or any portion thereof, contents of criminal records, identities of person who may have given
information to the police in confidence and other classified information on intelligence materials.

79
2.6. Social Awareness - All PNP members and their immediate family members shall be encouraged to
actively get involved in the religious, social, and civic activities to enhance image.
2.7. Non- Solicitation of Patronage - All PNP members shall seek self-improvement through career
development and shall not directly or indirectly solicit influence or recommendation from politicians, high-ranking
government officials, prominent citizens, persons affiliated with civic or religious organizations with regard to their
assignments, promotions, transfer or those of other members of the force, nor shall they initiate any petition to be
prepared and presented by citizens in their behalf. Moreover, they shall advise their immediate relatives not to
interfere in the activities of the police service particularly in the assignment and reassignment of personnel.
2.8. Proper Care and Use of Public Property - Members shall be responsible for the security, proper care
and use of public property issued to them and/ or deposited under their care and custody. Unauthorized use of public
property for personal convenience or gain and that of their families, friends or relatives are strictly prohibited.
2.9. Respect for Human Rights - In the performance of their duty, PNP members shall respect human
dignity and uphold human rights of all persons. He shall not inflict, investigate, or tolerate extra-judicial killing,
arbitrary arrest, any act of torture or other cruel, inhuman or degrading punishment. He shall not invoke superior
order or exceptional circumstances such as state of war, a threat to national security, internal political instability or
any committing such violation of human rights.
2.10. Devotion to Duty - All PNP members shall perform their duties with devotion, and manifest concern
for public welfare, and shall refrain from engaging in any activity which shall be in conflict with their duties as
public servants.
2.11. Conservation of Natural Resources - Policemen shall help in the development and conservation of
our natural resources for ecological balance and posterity as these are inalienable heritage of our people.
Pollution Defined
Means any alternation of the physical, chemical and biological properties of any water, air / land resources
of the Philippines, or any discharges thereto of any liquid, gaseous or solid waste as will or is likely to create or
to render detrimental or injurious to public health, safety or welfare of which will adversely affect their
utilization for domestic, commercial, industrial agriculture, recreational or other legitimate purpose.
2.12. Discipline - They shall conduct themselves at all times in keeping with the rules and regulations of
the Philippines.
2.13. Loyalty - Above all, policemen must be loyal to the Constitution and to the police service as
manifested by their loyalty to their superiors, peers and subordinates as well.
2. 14. Obedience to Superior - Policemen of lower ranks must be always courteous and obedience to their
superior and other appropriate authorities within the chain of command.
2.15. Command Responsibility - In accordance with the Doctrine of Command Responsibility, immediate
commanders shall be responsible for the effective supervision, control and direction of their personnel. He shall see
to it that all government resources with laws and regulations and safeguard against losses thru illegal and improper
disposition.

Section 3. Ethical Standard shall refer to Established and Generally Accepted Moral Values - Ethical standard to be
observed are the following:
3.1. Morality - All PNP members shall adhere to high standards of morality and decency and shall set good
example for others to follow. Hence, among others, and in no instance during their terms of office shall they be
involved as owners, operators, managers, or investors in any illegal gambling den or house of ill-repute or other
places devoted to vices; nor shall they patronize such places unless on official duty, and tolerate operations of such
establishment in their respective areas of responsibilities.
3.2. Judicious Use of Authority - Policemen shall exercise proper legitimate use of authority in the
performance of duty.
3.3. Integrity - Policemen shall not allow themselves to be victim of corruption and dishonest practices in
accordance with the provisions of Republic Act No. 6713 and other applicable laws.
3.4. Justice - All PNP members shall strive constantly to respect their rights as human beings, parents,
children, citizens, workers, leaders or in other capacities and to see to it that others do likewise.
3.5. Humility - PNP members shall recognize the fact that they are public servants and not the masters of
the people and toward this end; they should perform their duties without arrogance. They should recognize their own
inadequacies, inabilities and limitations as individuals and perform their duties without attracting attention or
expecting the applause of others.
3.6. Orderliness - PNP members shall follow procedures in accomplishing their tasks assigned to them to
minimize waste in the use of time, money and effort.
3.7 Perseverance - Once a decision is made, all PNP members shall take legitimate action or means to
achieve the goals even in the face of internal or external difficulties, and despite anything which might weaken their
resolve in the course of time.

ARTICLE IV

CUSTOMS AND TRADITIONS

Section 1. General Statement - The PNP adopts the generally acceptable customs and traditions based on the
desirable practices of the police. These shall serve as an inspiration to the PNP endeavor to attain its goals and
objectives.

Section 2. Definition of Terms.


2.1. Customs - Established usage or social practices carried by tradition that has obtained the force of law.

80
2.2. Traditions - Bodies of belief, stories, customs and usage handed down from generation to generation
with the effect of an unwritten law.
2.3. Courtesy - A manifestation or expression of consideration and respect for others.
2.4 Ceremony - A formal act or set of formal acts established by customs or authority as proper to special
occasion.
2.5. Social Decorum - A set of norms and standards practiced by members during socials and other
functions.

Section 3. Police Customs on Courtesy - The following are courtesies in the PNP:
3.1. Salute - The usual greeting rendered by a uniformed member upon meeting and recognizing persons
entitled to a salute.
3.2. Salute to National Color and Standard - PNP members must stand at attention and salute the
national color and standard as it pass by them or when the national color is raised or lowered during ceremonies.
3.3. Address/ Title - Junior in rank addresses senior member who are entitled to salute with the word “sir.”
3.4. Courtesy Calls - PNP members must observe the following courtesy calls when an occasion or
situation arises:
3.4.1. Courtesy Call on Newly Assigned/ Promoted/ Appointed member - A policeman who is
newly appointed, promoted, or assigned in a unit or command must first report or call on the Chief of the
same or other key officials for accounting, orientation and for other purposes.
3.4.2. Christmas Call - PNP members pay a Christmas call on their local executives in their
respective areas of responsibility. This call remember does not include call on the businessmen and
gambling lord.
3.4.3. New Year’s Call - PNP members pay new year’s call on their chiefs or key officials in their
areas of responsibility.
3.4.5. Promotion Call - Newly promoted PNP members call on their unit head. On this occasion,
they are usually given during recognition and congratulations by their peers for such deserved
accomplishment.
3.4.6. Exit Call - PNP members pay an exit call on their superiors in the unit or command when
relieved or reassigned.
3.5. Courtesy of the post - The host unit extend hospitality to visiting personnel who pay respect to the
command or unit.
3.6. Rank has its own Privilege (RHIP) - PNP members recognize the practice that different rank carry
with them corresponding privilege.

Section 4. Police Customs on Ceremonies - The following are customs and ceremonies that must be observed by
all PNP members.
4.1. Flag Raising Ceremony - Policemen must honor the flag by raising it and singing the National
Anthem before the start of official work.
4.2. Flag Retreat Ceremony - At the end of the official day’s work, PNP members pause for a moment to
salute the lowering of the flag.
4.3. Half-Mast - The flag is raised at half-mast in adherence to deceased uniformed member of the unit or
command.
4.4. Funeral Service and Honors - Departed uniformed member, retiree, war veteran or former PNP
member is given vigil, neurological services graveside honors as a gesture of farewell.
4.5. Ceremony Tendered to Retiree - In recognition of their long, faithful and honorable service to the
PNP, a testimonial activity is tendered in his honor.
4.6. Honor Ceremony - Arrival and departure honor ceremony is tendered to visiting dignitary, VIP, PNP
officer with the grade of Chief Superintendent and above and AFP officers of equivalent grade unless waived.
4.7. Turn-Over Ceremony - The relinquishment and assumption of command or key position is publicly
announced in a turn-over ceremony by the outgoing and incoming officers.
4.8. Wedding Ceremony - During marriage of PNP members, a ceremony is conducted with participants
in uniform and swords drawn.
4.9. Anniversary - The birth of institutional establishment of a command or unit is commemorated in an
anniversary ceremony.

Section 5. Police Customs on Social Decorum - The following are the police customs on social decorum:
5.1. Proper Attire - PNP members always wear appropriate and proper attire in conformity with the
occasion.
5.2. Table Manners - PNP members observe table etiquette at all times.
5.3. Social Graces - PNP members conduct themselves properly in dealing with people during social
functions.
5.4. Uniform/ Appearance - The public look upon the PNP member as distinctively a man among men. It
is a welcome sight when PNP member wears uniform properly wherever they may be. Since disciplined PNP
members are best exemplified by those who are men in appearance and wearing the prescribed uniform, they must
therefore observe the following:
5.4.1. Wearing of prescribed uniform.
5.4.2. Wearing as part of the uniform, awards and decorations earned in accordance with the
prescribed rules and regulations.
5.4.3. Adherence to haircut prescribed by the rules and regulations.
5.4.4. Manner of walking- every policeman is expected to walk with pride and dignity.

81
Section 6. Other Police Customs.
6.1. Visiting the Sick - PNP member who is sick in the hospital, in his residence or in any place of
confinement is visited by his immediate superior or other available officers of the unit in order that his needs are
attended to.
6.2. Survivor Assistance to Heirs of Deceased members - When PNP members dies, a survivor officer is
designated to render maximum assistance to their bereaved families until all benefits due shall have been received.
6.3. Visiting the religious Leaders - PNP members visit Religious leaders in their areas of assignment to
establish or maintain rapport and cooperation between the different religious leaders and the PNP.
6.4. Athletics - All PNP members indulge in physical fitness activities to insure that their proper physical
appearance are maintained with the waistline measurement always smaller than the size of their chest and in
conformity with the standard set forth by the organization.
6.5. Happy Hours – usually on Friday or in any other day suitable for the occasion, PNP members club for
a light-hearted jesting or airing of minor gripes.

Section 7: The traditions that policemen are adhering to:


7.1. Spiritual beliefs – the PNP members are traditionally religious and God-loving persons. They attend
religious services together with the members of their family.
7.2. Valor - history attest that the Filipino law-enforcers have exemplified the tradition of valor in
defending the country from aggression and oppression. They sacrificed their lives and limbs for the sake of their
countrymen whom they have pledged to serve.
7.3. Patriotism – PNP members are traditionally patriotic by nature. They manifest their love of country
with a pledge of allegiance to the flag and a vow to defend the constitution.
7.4. Discipline – it is manifested by instinctive obedience to lawful orders and through spontaneous actions
towards attainment of organizational objectives guided by moral, ethical and legal norms.
7.5. Gentlemanliness – policeman is bright in character, polite in manner, dignified in appearance and
sincere in his concern to his fellowmen.
7.6. Word of Honor – a policeman’s word in his bond. He stands by it and commit to uphold it.
7.7. Duty – the PNP members have historically exemplified themselves as dedicated public servants who
perform their tasks with a deep sense of responsibility and self-sacrifice.
7.8. Loyalty – policemen are traditionally loyal to the organization, country and people as borne by history
and practice.
7.9. Camaraderie – the binding spirit that enhances teamwork and cooperation in the police organization,
extending to the people they serve manifested by members deep commitment and concern to one another.

ARTICLE V
POLICE OFFICERS’ PLEDGE (POP)

I will love and serve God, my country and people.


I will uphold the constitution and obey legal orders of the duly constitute authority.
I will oblige myself to maintain a high standard of morality and professionalism.
I will respect the custom and tradition of the police service.
I will live a decent and virtues life to serve as an example to others.

ARTICLE VI
GENERAL PROVISIONS

Section 1. Foundation – all PNP members in the performance of their duties shall abide by this code. This code is
anchored n the divine and moral precepts, existing Constitution of the Republic of the Philippines and relevant
provisions of the revised penal code, RA 6713 (Ethical Standards of Public Officials and Employees), RA 3019 (Anti-
graft Practices Act), RA 6975 (DILG/PNP Law of 1991) and other related special laws.

Section 2. Commitment – in order to insure commitment to this code by the members of the PNP, the following
shall be observed:

2.1. All PNP members shall take upon themselves that the intent and spirit of this code are honored and
upheld at all times.

2.2. Directors, Chief and Heads of Offices/Stations shall set example and be responsible in the observance
of this code.

2.3. The Priest/Ministers/Imams of the PNP Chaplain Services, while setting the example, shall actively
participate in the internalizing of this code.

2.4. All members of the PNP shall take an oath that they shall commit themselves to this code. The oath of
commitment shall be done upon entry into the PNP, upon promotion to the next higher rank and upon assumption of
office/position.

Section 3. Propaganda and development of this code is a command policy and its implantation thereof is a
command responsibility of PNP commanders at all levels.

82
3.1. All PNP shall be issued upon entry into the police service a copy of this code, which shall be
considered an accountable property.

3.2. The code shall be internalized by all members and institutionalized in the PNP. It will be part of the
curricula of all PNP academic courses and will be interpreted in moral value programs conducted thru regular police
information and education activities.

3.3. There shall be continuous appraisal and study on the effectiveness of this code consistent with the
growth and dynamics of performance standards and professionalization of the PNP.

3.4. This code shall be subject to review initially 3 years after its affectivity and every 5 years thereafter, or
sooner if the need arises, for possible revision and/or modification of its implementations strategy.

3.5. The PNP office of Ethical Standards and Public Accountability (PNPOESPA) shall oversee the
internalization and institutionalizations strategy.

Section 4. Appropriation – The fund allocation necessary for the effective propagation and development of this
code shall be provided.

Section 5. Miscellaneous – There shall be sustained effort to improve the code in the following functional areas:

5.1. Strengthen and reinvigorate activities on historical recordings and interpretations of contemporary
events.

5.2. The PNP organization shall be so structured to reinforce values and standards of this code.

5.3. In case of conflict in the practice of customs and traditions on one hand and in the performance of
duties on the other, the latter shall prevail.

5.4. PNP members shall be morally and duly bound to advise fellow members to refrain from violating this
code.

5.5. In case where erring PNP members are found to be incorrigible, proper report shall be made to the
appropriate authority.

Section 6: Penalties and Administrative sanctions – The penalties of the commission of acts/practices in
violation of this code shall be in accordance with the revised Penal Code, RA 6713, RA 3019 and other special laws.
For acts or omissions which merely require administrative sanctions, the applicable promulgated by the PNP,
NAPOLCOM, Civil Service Commission and DILG shall be applied.

Section 7: Amendments – any amendments to or revisions of this code may be proposed in a convenient
or committee formed for the purpose. No amendment shall be valid or unless it is ratified by a simple majority of the
members of the PNP. For this purpose the PNPOESPA is designated as the office of primary responsibility (OPR).

Section 8: Separability Clauses – if any provision of this code or the application of such provision to any
person or circumstances is declared invalid, the remainder of the code or the application of such provision to other
person or circumstances shall not be affected by such declaration.

Section 9: Effectivity – This code shall take effect after validation by a simple majority of the members of
the PNP and confirmed by competent authority.

POLICE CODE COVENANT

I shall recognize and will always be conscious of the fact that the Police Service is an honorable calling,
thus compelling me to set the example by strictly adhering to the provisions of the Code of Professional Conduct
and Ethical Standards.
I bind myself to promote and enhance the noble ideas and aspiration of code of my personal and
professional life and ensure that its tenets shall be honored at all times.
This is my personal covenant.

OTHER ETHICAL CREEDS

In relation to the enhancement of the image of the PNP as well as its intention to professionalize its ranks, the PNP
has created additional creeds that should be known by heart by all its members and officers.

PNP MISSION

The PNP shall enforce the law, prevent and control crimes, maintain peace and order ensure public safety
and internal security with active support of the community.

83
PNP VISION

We are committed to the vision of professional dynamic and highly motivated PNP supported by a
responsive community, regarded as one of the most credible national institution and rank safety and internal security
with the active support of the community.

POLICE OFFICER PLEDGE OF LOYALTY

If you work for a man in Heaven’s name, work for him. If he pays your wages which supply you bread and
butter, work for him: speak well of him and by the institution he represents. If put to a pinch, an ounce of loyalty is
worth a pound of cleverness. If you must vilify, condemn and eternally disparage, resign your position, and even
when thing you are outside, damn to your hearts content. But as long as you are part of the institution do not
condemn it. If you do that you are loosening the tendrils that are holding you to the organization and, at the first
high wind that comes along, you will be uprooted and blown away and probably you will never know the reason
why.

POLICEMAN’S PRAYER

Lord God Almighty, grant us that we may this day and everyday over all temptation specially to injustice
and disloyalty and with our minds inflamed by your Holy Spirit perform all our duties in such a manner that as
maybe pleasing to your divine will so that when call to report for the last time, we may not be found wanting.
Amen.

SEMINAR ON CONTEMPORARY POLICE PROBLEMS

ETHICAL AND VALUE ISSUES IN THE POLICE

A. POLICE CORRUPTION

The Philippine National Police is organized basically to answer the old police ethical problems during the Philippine
Constabulary-Integrated National Police (PC/INP) era where news of corruption, bribery, political patronage, and other
crime-related acts by many police officers were very common. However, in spite of the new PNP as established by RA 6859,
ethical issues still hounds the organization. This could be attributed to the very nature of the job of the police which is law
enforcement.

So some laws were promulgated like the RA 8551 or the PNP Professionalization Act to possibly reduce or
eliminate those issues thrown against the PNP. To date, numerous members and officers of the PNP are still involved in
unethical practices. These corrupt police officers worsen the image of the police and adversely affect the Police Community
Relations program of the PNP.

What is Police Corruption?

Corruption could be synonymous to acts or conducts of dishonesty, immorality, bribery, and perversion of character
(Webster’s). In the area of public service, corruption could be the abuse of one’s authority, position, or power to gain
questionable advantage or wealth. From this vantage, Police Corruption could be understood as “acts involving the misuse of
authority by a police officer in a manner designed to produce personal gain for himself or others Herman Goldstein). On the
other hand, Ronald D. Hunter and Jeffrey Rush, in their book “Police Systems and Practices,” enumerated the patterns of
police corruption as:

1. Corruption of Authority - This corruption includes receiving free meals, services, discount, gratuities, etc. The
above situation makes a policeman’s life very difficult as just receiving a gift from a gift from a friend is already
corruption. For example, a stick of cigarette was given to a beat patrolman, it was already corruption. The rationale
of determining that a mere receipt of something from someone may result into partiality in the future of subject
policeman’s action thereby compromising his position just because of that trivial or insignificant situation.

2. Kickbacks - If clients are numerous or composing of a long queue like procuring police clearance, the man in the
last gave money to the police to be given first ahead of the other is an example of this kind of corruption.

3. Opportunistic Theft - This is not actually corruption but is taking of advantage of situation, like taking of
properties left in the crime scene and without reporting to the authority. Stealing money from person arrested or
even victims of crime are also included in this kind of pattern of corruption. Example: A fireman taking properties
from the scene of accident.

4. Shakedowns - This is an act of extortion usually committed by policemen who caught in the act criminals like
pusher, drug user, gambling bet collector, etc. Most who committed this kind of corruption are traffic policemen
who caught traffic violators.

5. Protection of Illegal Activities - This is collusion between the police and criminals like gambling operators, owners
of nightclubs which is showing nude models to insure they can operate freely without risk because of their good

84
relationship with the police. This also includes dealing with those in legal business operation. For example, an
owner of bus company who in order to operate outside of his franchise will give protection money to the police to
assure the police would not touch or mind his operation.

6. Fixes (fixers) - This involves mediating in criminal cases or problems involving traffics. A policeman will confer
first to the complainant about possible filing of a criminal case. Then, he went to the respondent and tell what they
have talked about the case, and that the complainant is willing to settle the case for a certain amount of money. At
the end, the case will not be filed or a case is dismissed because of settlement money which large portion of the
amount goes to the pocket of the policeman.

7. Direct Criminal Activities - This is a worst behavior of a police officer. A policeman is directly involved in
criminal activities like robbery, kidnapping, drug trafficking, etc. Imagine if our policemen are having this kind of
behavior. Where shall we go to ask for help in case our house was robbed?

8. Internal Payoffs - This is a pattern of corruption common to policemen. The sell work assignment, promotion, etc.
Example, a Patrolman accosted his superior and request for an assignment he wants and he gave money in exchange
thereof. Or an official who is authorized to sign a promotion was approached by one who was desirous to be
promoted and suggested a money figure. This kind of corruption mostly happens inside the organization.

Other Forms of Corruption

1. Gambling – in the Philippines, some police officers and officials are directly or indirectly involved in gambling,
both legal and illegal. Some of these are: protectors of “jueteng”, a local numbers game; cock fighting; and card
games.
2. Narcotics involvement either as users, pushers, or protectors of illegal drugs-related activities.
3. Bars as patrons or owners of houses of ill-refutes. Corruption occurs when these bars are already involved in illegal
drug trades and or prostitution.
4. Prostitution – in all areas, police officers should not be involved in this kind of activities. Some are patrons of
prostitutions, others are peddlers, and some are owners or protectors of prostitution dens.
5. Parking and Traffic – corruption is very common in this area because of the small amount of money involved. To
avoid the difficulty of getting back one’s driver’s license or motor vehicle’s plate numbers, a driver may resort to
offering small bills in exchange of non-confiscation of his driver’s license or plate numbers.
6. Retrieving seized automobiles – A number of stringent usually follows when a motor vehicle is impounded. To
avoid this difficulty, owners of motor vehicles may talk to their “contacts” inside like friends, or relatives.
7. Intradepartmental Payments – Some police officers desire favors from their colleagues such as facilitation of papers
involving promotions, financial claims, or appointment to the police by their friends or relatives. Some police
officers may do or give “favor” to their colleagues who could help them in their processing of papers.
8. Sale of Information – In police and military intelligence, double agents are very common, those working for two
opposing nations or organizations. Today, there are personalities wanting confidential information from the police
like the media, businessmen, and some politicians.
9. Gratuities – A simple token of appreciation may lead to corruption later on. In the Philippines, the “utang na loob”
or deep gratitude and “pakikisama” or friendship may pressure a police officer to do favor for other people even to
the extent of circumventing the legal processes in his own organization

Causes of Police Corruption

Like criminality and corruption in other branches of the government, corruption in the police service is caused by
multi-factors. Some may claim low salary, political pressures, incompetent recruits as a result of political patronage, and the
old corrupt system so many are resorting to “If you can not beat them, join them” attitude. The decision-making power over
the community in matters of law enforcement in addition to police discretion is also a great factor leading to police
corruption. Aside from these, there are other factors that contribute to police corruption such as:
1. Branch of the Department to which the officer is assigned – Police corruption vary depending on the department
or function of a police. Police officers assigned in the finance office are prone to fixing requested by fellow officers
while police officers assigned in crime laboratories may be offered bribes in exchange of altering laboratory results.
2. Area to which an officer is assigned – In highly urbanized cities like Manila in the Philippines, retrieving of
driver’s licenses, certificate of registrations, or motor vehicle plate numbers may take a number of days more than
what is specified by law. This could be because of lack of office personnel or the bulky number of apprehensions
and confiscations. Other violators come from far flung regions or provinces. To avoid the complexities, bribery
during arrest or apprehensions may follow or fixing in the offices may be the fastest remedy.
3. Character of the police - There are really individuals who, prior to entering the police service were already corrupt.
Some may have weak personal values so they are easily influenced by corrupt officers and officials.
4. Rank – The rank, and the position or designation of a police may lead to bribery and police corruption. Since rank
has its own privileges, and powers, there are certain approvals only done by specific ranks or positions. The officers
or officials of those particular ranks and positions are normally targeted for possible corruption.
5. Police Attitude – A police officer who highly regards the nobility of his profession may less likely commit
corruption or extortions while those who take for granted the consequences of their acts to the organization are most
likely to be involved in police corruption.
6. Police Officer clientele – It is already customary for some private individuals to resort to fixing whenever they
transact their businesses in the government offices or in non-government organizations. Hence, whenever they
transact also in the police, they offer gratuities in return of easy facilitation of their papers.

85
7. Leadership - When people in the higher level of police organization are corrupt, it will mostly likely influence the
people below them to be corrupt. On the other hand, lack of political will of some of the high ranking police
officials to curb out corruption results to misconduct among the people below.

B. OCCUPATIONAL DEVIANCE

Some authors consider unethical practices of one’s profession as a kind of occupational deviance which encompasses
violations of any or all of the following normative system:
1. Criminal acts which are directly related to employment
2. Violations of occupationally prescribed ethical standards
3. Violations of work rules and regulations

Law enforcement profession is the kind of work that is most susceptible to occupational deviances because of the special
privilege of the job which is the authority to enforce the law. Many people could not cope up with the law or some violate it
by mere ignorance. The violators, in their desire to escape the penalty and punishment, resort to bribing the police or
apprehending officers. Thus, occupational deviance and other corruption are likely to occur.

Types of Police Deviance

While performing his daily regular tasks, a police officer may be tempted consciously or unconsciously, or willingly
or unwillingly to deviate from the normal. Some of these deviations could be either of the following actions called police
deviance.
1. Police Gratuity – is the receipt of free meals, services or discounts.
2. Chiseling – is when an officer is quite blatant in about demanding free services.
3. Police Shakedown – is when the police officer extorts a business owner for protection money.
4. Police Perjury – is usually a means to effect an act of corruption, leaving out certain pertinent pieces of information
in order to “fix” a criminal prosecution.
5. Police Brutality – is defined as excessive force, name calling, sarcasm, ridicule, and disrespect.

When citizen charges police brutality they maybe referring to number of things, including:
 command to move or go home
 field stops and searches
 threats or implied violence
 prodding with night stick or approaching with pistol
 the actual use of physical force

6. Police Profanity – refers to the use of obscene and profane language.


7. Misuse of Confidential Information – this normally involves the jeopardizing of ongoing investigations by leaking
information to friends, relatives, the public, the press, or in some cases directly to the criminal suspect

C. CATEGORIES OF POLICEMEN IN A POLICE UNIT

In any police organization, police officers vary as to their professional attitudes. Some may taint the police image,
while some strengthens it thus increasing public trust. The police officers could be categorized into (Perry as cited by Hess
and Wrobleski):
1. White Knights – These policemen are straightforward fellow. They are honest to a fault. They often take an
extreme position on ethical issues. They are idealistic and often render strict decision in accordance with law. A
white Knight is considered a loner and deviant to the eyes of the colleagues who are corrupt. They are disgusted of
the corrupt behaviors of fellow policemen but on the other hand, they are killjoy to the others.
2. Straight Shooters – These are honest policemen who are ready to hide the corrupt practices of their comrades as
part of the camaraderie. They observe the principles of “omerta” or hiding the secret of fellow policemen. They
suffer in silence and most of them seek assignment to a corrupt-free unit or office.
3. Grass Eaters or Vegetarian Cops – These are police officers who engage in relatively minor type of corruption
opportunities as they present themselves.
4. Meat Eaters or Carnivorous Cops - are police officers who actively seek out corruption opportunities and engaged
in both minor and major patterns of corruption.

5. Rogues – are policemen who are considered having all deviant behavior of a corrupt policeman. They engaged in
activities normally defined as dirty money by the police peer group. They are considered bad to the bone.

D. POLICE MISCONDUCT

In the performance of their job, some police officers may commit abuses consciously or unconsciously. These
misconducts may be in the form of the following:

1. Brutality – police brutality refers to unnecessary and unreasonable use of force in effecting arrest or abuse in the
manner of conducting search and seizure and acts as previously stated.
2. Sexual misconduct – is a kind of police misconduct which is commonly committed by policeman who sexually
molested female or male clients who have transaction with the police office. It is a sexual harassment behavior of
policemen as earlier stated.

86
3. Police Lying – police lying and other deceptive practices in fact part of working environment. Lies and deception
vary as to whether or not they will be considered ethical violations or are necessary for the police to accomplish
their tasks. To amplify what are lies, they are categorized as follows:

a. Accepted Lying – this is to be considered part of police working environment, like for example in a discreet
operation. Lying as a deceptive ploy is allowed and is advisable.
b. Tolerated Lying – are those which are recognized as lies but tolerated as necessary to explain inadequacy
or inefficiency of the police organization. For example, in a certain crime where there was neither witness
nor evidence as it was really made perfect. The police officers may lie to the victim rather than to reveal
that the crime is impossible to solve.
c. Deviant Lying – this involves a lie that violates substantive or procedural laws and police office rules and
regulations.
d. Other Classes of Lying – police deception can also be classified into the following (Klockars, as stated by
Hess and Wrobleski);
1) Police placebo is sometimes referred to as “little white lie.” Accordingly, police officers find it
ethically defensible to lie when the lie is told to benefit the person lied to and no more effective means
of dealing with the problem is available.
2) Blue lie on the other hand involves lying to a person to exert control. A good example would be, a
traffic officer telling the erring driver that his confiscated driver’s license is already in the police
station. The officer lied so that the driver will stop personally approaching the officer to get back the
license.

4. Use of drugs – policemen who are assigned in narcotic commands or units are susceptible to taste drug for
recreational purpose or just to experience using it. Without their knowing, they are already hooked in it.

Sex on Duty or Duty Related Sexual Misconducts

Sexual attacks or sexual advances are likely not necessarily initiated by a police officer. There may be instances that
the opposite sex contacts of the police may initiate such act or it may be because of unexpected circumstances where sexual
harassments or advances are likely to be committed. However, regardless of the reasons, it is still unethical for a police
officer to take such advantage. Some of these sexual-related misconducts are in the following forms.
1. Traffic Stops – to get closer look at a female or information about her.
2. Fox Hunting – stopping college girls to get the “I’ll do anything routine.”
3. Voyeurism – window peeping or interrupting lovers’ lane couples.
4. Victim Recontacts – consoling victims who have psychological needs.
5. Opposite Sex Strip Searches – touching and/or sex with jail inmates.
6. Sexual Shakedown – letting prostitutes go if they perform sexual acts

E. EFFECTS OF POLICE CORRUPTION AND MISCONDUCT

The cost of corruption is extremely high – to the police, the criminal justice system and the society. The most important
point is that a corrupt act is a criminal act. Criminal activity by the police officers undermines the fundamental integrity of
the law enforcement mission. At the same time, corruption protects other criminal’s activity.

F. PREVENTING CORRUPTION

There is no single cause of corruption so there is no single approach to curb out police corruption. Rothlein (as cited by
Hess and Wrobleski) suggested short-term and long-term strategies and goals.
1. Short term goals might include changing behavior by heightening the risk of detection and reducing opportunity
and temptation.
2. Long term goals include developing a value system and high ethical standards within the agency and managing the
culture of the department.

Weakness of the Filipino Values

The Filipino values or characters are considered as strength of the country as a united nation. However, the
prevalence of graft and corruption in the society both in the non-government and governmental organizations showed
that in one way or another, these valued Filipino characters turned to be weaknesses. These are (PPSC-PSBRC, 2002):
1. Extreme Personalism – This is the difficulty of many professionals to separate their personal relationship from
their professional relationship with their relatives, friends, and enemies.
2. Extreme Family Centeredness – Too much emphasis on family ties resulted to building of dynasties in the
government and non-government institutions.
3. Lack of Discipline – There are many Filipinos who are hardworker and ingenius but they lack patience and
discipline. Hence, many succumbed to apathetic attitude towards the laws of the land. These can be the result of the
negative traits of the Filipinos such as;
a. Ningas Cogon (procrastination),
b. Bahala na Attitude (come what may),
c. Diyos na Bahala (surrendering to God) – this is also a positive trait,
d. Pakikisama (for the seek of harmony), and
e. Kumpadre-system (friends first);

87
4. Passivity and Lack of Initiative – Too much obedience and respect to others lead to over reliance to others thereby
preventing creativity; and
5. Colonial Mentality – Some (if not many) Filipinos regard anything that is foreign (products, system, etc.) are
superior to the Filipinos’.

Roots of the Filipino Values (Character)

The strengths and weaknesses of the Filipino values and traits can be traced from the following (PPSC-PSBRC):
1. Home environment;
2. Social environment;
3. Culture and language;
4. History;
5. Educational system;
6. Religion;
7. Economic environment;
8. Political environment;
9. Mass media; and leadership and role models.

Effects of Negative Practice of Filipino Values and Traits

Obviously, negative practice of Filipino values and traits contributed to the deterioration of the values and
immorality among the Filipinos which in turn led to prevalence of graft and corruption in the society. In the Philippine
National Police, though denied by many people, misfits and would be scalawags were able to enter the organization
because of personal and political affiliations as well as other forms of connections.
This is not exclusive to the PNP. Many government institutions pervert their recruitment, employment, and
deployment procedures for the sake of favored individuals. This is also practiced in many non-governmental institutions.

CONTEMPORARY PROBLEMS IN THE PHILIPPINE NATIONAL POLICE


(& THE INTEGRATED TRANSFORMATION PROGRAM (ITP))

1. PNP BUDGET ALLOCATION


1. 92% of the PNP annual budget goes to personnel services or salaries and allowances of pnp personnel.
2. Less than 8% percent goes to maintenance and other operating expenses and
3. Less than 1% is set aside for capital outlay.

2. ILLEGAL SETTLER POLICE STATIONS


1. 80% or 1,282 police stations all over the country are considered illegal settlers on lands or buildings owned by local
government units or private individuals.
2. Police precincts are made of inferior materials, making both the station and its personnel vulnerable to hostile enemy
action or to forces of nature.

3. INADEQUATE LOGISTICS
1. PNP is still 65% short of land patrol vehicles, 80% short of aircrafts and 76% short of watercrafts.
2. Limited fuel supply limits us from doing continuous patrols.
3. Inadequate communication equipment leads to poor coordination among police personnel, while most police stations
lack proper equipment for the execution of their duties.

4. LACK OF DECENT SHELTER


1. 57% or 67, 489 of PNP personnel are still in dire need of decent shelter.
2. 60% from po1 to po3 personnel actually live below the poverty line.

5. LACK OF INSURANCE COVERAGE


1. PNP uniformed personnel are not covered by social security or government service insurance system and
2. Only half of the pension budget requirement is allotted to the PNP.

6. LACK OF HEALTH SERVICES


1. The PNP has only one tertiary hospital situated in Camp Crame and 16 dispensaries nationwide.
2. Health service equipment and facilities are old and outmoded.

7. LACK OF EDUCATIONAL ASSISTANCE FOR DEPENDENTS


1. In terms of educational assistance, only 7%, or 5, 071 of the total 73, 541 PNP personnel with dependents are
receiving scholarship grants and assistance from the PNP.

8. LACK OF PROPER AND UPDATE ACCOUNTING OF PERSONNEL


1. Lack of proper and updated accounting of personnel, including payroll, actual strength, how many are on sick or
vacation leave or have died – whether service-related or not – in the service, how many have been suspended or
have gone on Absence Without Official Leave (Awol), among others.

9. LOW PUBLIC PERCEPTION OF THE INTEGRITY & COMPETENCY OF THE POLICE

88
1. Only 15% of victims of crimes file cases/ complaints at the police station level or other law enforcement agencies.
2. Most of the victimized see crime reporting to be a waste of time, citing slow police action and a cumbersome
process of reporting for their decision not to report their encounter with crime.
3. Low percentage of crime reporting is an indication of diminishing public trust and confidence in the police and the
criminal justice system and people would rather depend on praying for protection.

Generally, The ITP focuses on;


1. The welfare of policemen and their dependents,
2. The establishment of model police stations,
3. A computerized data base for PNP personnel, and
4. Providing for health care and other benefits.

Some of the specific programs implemented by the ITP are:


1. In line with creating a peaceful community is the Model Police Station (MPS) project which aims to gradually
improve physical facilities and equipment of police stations, clarify systems and procedures, and provide personnel
with mental and skills training to advance the quality of service rendered by the police.
2. The PNP has awarded housing units and lot certificates to 105 deserving police personnel and 72 lot certificates to
the actual occupants of the area who are mostly retired and active personnel. The PNP housing board is also
working with the National Housing Authority, Housing and Urban Development Coordinating Council, Department
of Interior and Local Government, and Manila Bank for the development of other properties in various places in the
Philippines.

89

You might also like