Professional Documents
Culture Documents
Criminology Review Questions
Criminology Review Questions
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7. A type of fingerprint pattern in which the slope or downward
flow of the innermost sufficient recurve is towards the
thumb of radius bone of the hand of origin.
A. ulnar loop
B. tented arch
C. accidental whorl
D. radial loop
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C. Type line
D. Bifurcation
14.A part of the whorl or loop in which appear the cores, deltas
and ridges.
A. type line
B. bifurcation
C. pattern area
D. furrow
20.A fingerprint pattern which one or more ridges enter on either side
of the impression by a recurve, and terminate on the same side
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where the ridge has entered.
A. Loop
B. radial loop
C. ulnar loop
D. tented arch
25.This part of a camera is used to allow light to enter the lens for
a predetermined time interval.
A. holder of sensitized material
B. view finder
C. shutter
D. view finder
26.A lens with a focal length of less than the diagonal of its negative
material.
A. telephoto lens
B. long lens
C. normal lens
D. wide angle lens
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27.Chemical used as an accelerator in a developer solution.
A. Potassium Bromide
B. Sodium Carbonate
C. Sodium Sulfite
D. Hydroquinone
28.A part of a camera used in focusing the light from the subject
A. view finder
B. lens
C. shutter
D. light tight box
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C. the mind
D. deception
36. The deviation from normal tracing of the subject in the relevant
question.
A. positive response
B. specific response
C. normal response
D. reaction
39. The part of the mechanism of a firearm that withdraws the shell
or cartridge from the chamber.
A. Extractor
B. Ejector
C. Striker
D. Trigger
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C. Velocity
D. Trajectory
41. This refers to the deflection of the bullet from its normal path
after striking a resistant surface.
A. Misfire
B. Mushroom
C. Ricochet
D. Key hole shot
43. This refers to the helical grooves cut in the interior surface of
the bore.
A. swaging
B. ogive
C. rifling
D. breaching
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D. Questioned Document
50. Any stroke which goes back over another writing stroke.
A. natural variation
B. rhythm
C. retracing
A. shading
54. The process of making out what is illegible or what has been
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effaced.
A. Comparison
B. Collation
C. Obliteration
D. Decipherment
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61. A forensic chemist is tasked to examine the chemical nature
and composition of the following except one:
A. Fingerprint
B. Explosives
C. Blood
D. Body fluids Answer: A
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determine if it was
A. Bend
B. Folded
C. Stretched
D. Cut Answer: D
69. All of the following are accurate tests for the presence of alcohol
in the human body except one:
A. Saliva test
B. Harger Breath Test
C. Fecal test
D. Blood test Answer: C
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75. It is the major component of a glass.
A. Lime
B. Soda
C. Silica
D. Gel Answer: C
82. The approximate time for the completion of one case for DNA
Testing.
A. minimum of eight weeks
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B. minimum of six weeks
C. minimum of four weeks
D. minimum of two weeks Answer: C
84. The Geneticist from Great Britain who pioneered DNA testing and
fingerprinting.
A. Alec Jeffries
B. Lowell C. Van Berkom
C. William Reynolds
D. Henry Van Dyke Answer: A
86. The most serious burn involving skin, nerves, muscles and bones,
causing death due to loss of fluids and electrolytes in
the body and massive infection.
A. First Degree Burn
B. Second Degree Burn
C. Third Degree Burn
D. Sunburn Answer: C
87. A discoloration of the body after death when the blood tends
to pool in the blood vessels of the most dependent portions
of the body and starts 20 to 30 minutes after death and is
completed by 12 hours.
A. livor mortis
B. primary flaccidity
C. maceration
D. rigor mortis Answer: A
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D. superficial wound Answer: A
93. Fixed discoloration of the blood clothed inside the blood vessels
or has diffused to different parts of the body.
A. hypostatic lividity
B. diffusion lividity
C. hyper lividity
D. rigor mortis Answer: B
95. The science dealing with the motion of a projectile and the
conditions governing that motion.
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A. Ballistics
B. Forensic Ballistics
C. Terminal Ballistics
D. External Ballistics Answer: A
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8. D
9. C
10. B
11. B
12. C
13. C
14. C
15. D
16. D
17. B
18. D
19. A
20. C
21. B
22. D
23. A
24. C
25. C 26. A
27. B
28. B
29. B
30. A
31. D
32. D
33. D
34. A
35. A
36. A
37. A
38. B
39. B
40. D
41. C
42. D
43. D
44. B
45. A
46. D
47. D
48. A
49. D
50. C 51. C
52. D
53. C
54. D
55. B
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56. A
57. D
58. C
59. C
60. D
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7. The following officials of the Philippine Government are authorized to
conduct death investigation, except -
A. Public Prosecutor
B. Judges of the regional trial court
C. Director PNP
D. SOCO team
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A. Hypostatic pressure
B. Diffusion
C. Gravitational pressure
D. All of the above
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B. Petechia
C. Abrasion
D. All of them
20. Among the following, which has the greatest value in scientific
examination/identification?
A. Dental examination
B. Fingerprinting
C. Photography
D. Pictures Parle
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characterized by a small opening of the wound.
A. Gunshot wound
B. Stab wound
C. Shrapnel wound
D. Punctured wound Answer: D
28. It is the type of burn due to gamma rays and which is difficult to
remedy:
A. Thermal burn
B. Electric burn
C. Chemical burn
D. Radiation burn Answer: D
29. The metal tube through which the bullet is fired is called
A. Bore
B. Barrel
C. Baretta
D. Bromet Answer: B
30. The old form of gunpowder invented over a thousand years ago
and consisting of nitrate, charcoal, and sulfur.
A. Chinese Powder
B. Black Powder
C. Gray Powder
D. All of these Answer: B
33. In a gun, the portion of the "action" that holds the cartridge ready
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for firing is called
A. Gas tube
B. Chamber
C. Double-action
D. Trigger Answer: B
34. A metal rod or plate that strikes the cartridge primer to detonate
the powder.
A. Spring
B. Trigger guard
C. Hammer
D. Revolver Answer: C
36. A device that fits over the muzzle of the barrel to muffle the
sound of a gunshot. Most work by baffling the escape of gases.
A. Buffer
B. Silencer
C. Magazine
D. Hanger Answer: B
39. What is the intermediate and the thickest layer of the hair and is
composed of elongated, spindle-shaped fibrils which cohere? They
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contain pigment granules in varying proportion depending on the
type of hair.
A. Medulla
B. Cortex
C. Core
D. Cuticle Answer: B
40. Who was the noted British Examiner of questioned documents said
that an intelligent police investigator can detect almost 75% of all
forgeries by careful inspection of a document with simple
magnifiers and measuring tools?
A. Dr. Arthur Stoll
B. Dr. Aristotle Curt
C. Dr. William Harrison
D. Dr. Benjamin Jones Answer: C
41. In police photography studies, what are called the thin, gelatinous,
light-sensitive coatings on film that react chemically to capture
the color and shadings of a scene?
A. Films
B. Emulsions
C. Chemical Coatings
D. None of these Answer: B
42. A medium that divert or absorb light, but does not allow lights to
pass though, they absorb most of the light while reflecting some of
it is called
A. Opaque object
B. Convection
C. Visible light
D. Prisms Answer: A
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B. Control test
C. IQ Test
D. Guilt Complex Test Answer: A
46. The term use to refer to a single recurving ridge enclosing one or
more rods or bars of a fingerprint.
A. None of these
B. Envelope
C. Furrows
D. Bifurcation Answer: B
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51. The branch of geology that deals with the systematic
classification and identification of rocks, rock forming minerals and
soil.Also includes study of dust, dirt, safe insulation, ceramics and
other such materials, both natural and artificial.
A. Petrography
B. Serology
C. Anthropology
D. Ecology Answer: A
54. Under the law of reflection, The angle of reflection depends upon
the angle of the light striking the material, which is referred to as
the
A. angle of incidence
B. angle of biometry
C. angle of light
D. none of these Answer: A
56. The ratio of the weight of the powder charge to the weight of the
projectile is called
A. Power to speed ratio
B. Charge weight to bullet weight ratio
C. Firing pin stroke ratio
D. All of these Answer: B
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cause the high explosives to exert full power of shock. The speed
varies in different explosive but in some it is as high as 7000 yards
in a second. This refers to
A. Energy
B. Gas
C. Detonation
D. Gun powder Answer: C
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erase his fingerprints by burning them with acid but as time went
by the ridges were again restored to their “natural” feature.
A. John Fielding
B. Johanes Curie
C. John Dellinger
D. Billy the Kid Answer: C
65. A single ridge which splits into two ridges forming a “Y” shape
formation or structure is commonly known as
A. Diverging ridges
B. Bifurcating ridges
C. Loop
D. Delta Answer: B
69. One in which the facts appearing therein may not be true, and are
contested either in whole or part with respect to its authenticity,
identity, or origin.
A. Questioned document
B. Illegal document
C. Falsified document
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D. Disputed facts Answer: A
73. What is known as the blotting out or shearing over the writing to
make the original invisible to as an addition?
A. Obliteration
B. Obscuration
C. Forged
D. None of these Answer: A
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A. Microscopic examination
B. Ultra violet examination
C. Photographic examination
D. Transmitted light examination Answer: D
76. Ultraviolet radiation is invisible and occurs in the wave lengths just
below the visible blue-violet end of the spectrum (rainbow). These
visible rays react on some substances so that visible light is
reflected, a phenomenon known as
A. Prism
B. Fluorescence
C. Infrared
D. Radiation Answer: B
80. The act of setting two or more items side by side to weigh their
identifying qualities; it refers not only a visual but also the mental
act in which the element of one item are related to the
counterparts of the other.
A. Collation
B. Analysis
C. Comparison
D. Recording Answer: C
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81. In the study handwriting, the movement of the pen toward the
writer is called
A. Downstroke
B. Backstroke
C. Sidestroke
D. None of these Answer: A
85. In 1884, who was this insurance agent in New York who patented
the first practical fountain pen containing its own ink reservoir
A. Lewis Waterman
B. John Loud
C. Peter Reynolds
D. Henry Ball Answer: A
86. What do you calle the type of instrument used in measuring pitch
of rifling firearms
A. Pinometer
B. Helixometer
C. Thermometer
D. Caliper Answer: B
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87. This valuable instrument is specially designed to permit the
firearms examiner to determine the similarity and dissimilarity
between two fired bullets or two fired shells, by simultaneously
observing their magnified image in a single microscopic field.
A. Magnetic field device
B. Compound microscope
C. Bullet comparison microscope
D. Photographic microscope Answer:C
90. Which film is suitable for general use in the preparation of black
and white photography because it produces the most natural
recording of colors?
A. Panchromatic film
B. Chrome Films
C. X-Ray Films
D. Color Films Answer: A
91. One film maybe rated ISO – 100, and another film ISO- 200. This
means that the 200 films are twice as fast (twice more sensitive
to light) than the ISO-100 film. This statement is
A. true
B. false
C. partly true
D. partly false Answer: A
92. Among the following speed of film, which has the fastest speed?
A. ISO – 25
B. ISO – 100 to ISO – 200
C. ISO – 400
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D. ISO – 1000 and up Answer: D
94. What is the defect in which the light coming from an off-axis
object point is spread along the direction of the optic axis? If the
object is a vertical line, the cross section of the refracted beam at successively greater
distances from the lens is an ellipse that
collapses first into a horizontal line, spreads out again, and later
becomes a vertical line.
A. Astigmatism
B. Bended light
C. Chromatic aberration
D. Pragmatic rays Answer: A
95. Depth of field is the range in front of and behind a sharply focused
subject in which details also look sharp in the final photographic
image.
A. Focus
B. Depth of field
C. Camera trick
D. Aperture Answer: B
97. What makes a bullet spin? Without spin, a bullet would not stay
pointed forward in flight, but would tumble over and over. The
spinning motion increases the accuracy of a bullet.
A. Bore
B. Gunpowder
C. Rifling
D. Shell Answer: C
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the breathing of the subject?
A. Pneumograph
B. Cardiograph
C. Galvanograph
D. Kymograph Answer: A
100.For many years the most commonly used preliminary test for blood
A. Plasma count
B. Serum test
C. Benzidine test
D. Barberio’s test Answer: C
Answers:Criminalistics
1. B
2. C
3. D
4. A
5. B
6. C
7. B
8. B
9. D
10. A
11. A
12. A
13. D
14. E
15. C
16. B
17. A
18. A
19. A
20. B
21. C
22. B
23. C
24. B
25. D 26. D
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27. B
28. D
29. B
30. B
Law - the system of rules that a particular country or community recognizes as regulating the
actions of its members and may enforce by the imposition of penalties.
1. The basic mission for which the police exist is to prevent crime and
disorder.
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the expertise of persuasion, advice and warning is found to be
insufficient.
7. Police at all time should maintain a relationship with the public that
gives reality to the historic tradition; the police are the public and
the public are the police. The police being only full time individuals
charged with the duties that are incumbent on all of the citizens.
Police Organization - a group of trained personnel in the field of public safety administration
engaged in the achievement of goals and objectives that promotes the maintenance of peace and
order, protection of life and property, enforcement of the laws and the prevention of crimes.
Law Enforcement Agency - pertains to an organization responsible for enforcing the laws.
Objectives - refer to the purpose by which the organization was created. Refer to the goals of the
organization.
Supervision - means the act of watching over the work or tasks of the members of the
organization to ensure that desired results are achieved.
Management - the process of directing and facilitating the work of people organized in formal
groups in order to achieve objectives. Judicious or wise use of resources (manpower,
material,money,equipment,
supplies and time).
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Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience
upward, through the department.
Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting
1. Functional Units
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Bureau - the largest organic functional unit within a
large department; comprised of several divisions.
2. Territorial Units
POLICE – French word which was later adopted by the English language
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the people.
- policemen are civil servants whose key duty is the
preservation of public peace and security.
2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the
higher authorities
- the people have no share or have little participation
with the duties nor connection with the police
organization.
1. OLD CONCEPT
- police service gives the impression of being merely a
suppressive machinery
- this philosophy advocates that the measurement of
police competence is the increasing number of arrests,
throwing offenders in detention facilities rather than
trying to prevent them from committing crimes
2. MODERN CONCEPT
- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general.
1. KIN POLICING
- the family of the offended individual was expected to
assume responsibility for justice
- the family of the victim was allowed to exact
vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose
duties include guarding of the tombs and apprehending
thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI (watchmen of the
city), which had the primary task of firefighting and
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policing
- the Vigiles acted as night watch, apprehendinng
thieves, keeping an eye out for burglars and hunting
down runaway slaves, and were on occasion used to
maintain order in the streets
- the Vigiles dealt primarily with petty crimes and
looked for disturbances of the peace while they
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a
special force of guards used by Roman Emperors as the
Emperors' personal guards
- as personal guards of the Emperor, their primary duty
was to protect the Emperor from assassination and
other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group
of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their
village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE,
which is the origin of the word “sheriff”
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the
gates
- during trouble, the watchman would raise a “HUE AND
CRY”, a call to arms where the rest of the parish
would stop what they were doing and come to the aid
of the constable.
1) ENGLAND
a. BOWSTREET RUNNERS - a group of men
organized to arrest offenders.
- organized by Henry Fielding, a magistrate in
London,in 1749 in London, England.
- the name was adopted from the name of the street
where the office of Henry Fielding was located.
- when Henry Fielding retired as magistrate, he was
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replaced by his blind brother, John Fielding
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in
London England, called the Metropolitan Police
Service.
- this law was passed through the initiative of Sir
Robert Peel, a member of the Parliament
- the headquarters of the Metropolitan Police Service
is the Scotland Yard, now known as the New
Scotland Yard
AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his
contributions in the development of the field of criminal justice in the US
- author of the book, Police Administration, which
served as the basic guide in the administration of the
police organization in the US
- was the first police chief of Berkeley, California.
Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.
Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.
Col. Lambert Javalera - the first chief of police of the Manila Police Department after the
Philippine Independence from the United States of America in 1946
Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.
40
GOVERNMENT ACT OF
1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND
REORGANIZATION ACT OF
1998 and RA 9708
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safety, the general supervision over local
governments and the promotion of local autonomy
and community empowerment and monitor compliance
thereof;
4. Provide assistance towards legislation regarding local
governments, law enforcement and public safety;
Establish and prescribe plans, policies, programs and
projects to promote peace and order, ensure public
safety and further strengthen the administrative,
technical and fiscal capabilities of local government
offices and personnel;
5. Formulate plans, policies and programs which will meet
local emergencies arising from natural and man-made
disasters; Establish a system of coordination and
cooperation among the citizenry, local executives and
the Department, to ensure effective and efficient
delivery of basic services to the public;
6. Organize, train and equip primarily for the
performance of police functions, a police force that
is national in scope and civilian in character.
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"To administer and control the Philippine National
Police with the end in view of maintaining a highly
professional, competent, disciplined, credible and
trustworthy PNP”
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personnel can issue processes and administer oaths
in connection therewith;
10. Inspect and assess the compliance of the PNP on
the established criteria for manpower allocation,
distribution and deployment and their impact on the
community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP
personnel;
COMPOSITION OF NAPOLCOM
1. One chairperson
2. Four regular commissioner
3. The Chief PNP as ex officio member
Note:
* shall serve a term of office of six (6) years
without reappointment or extension
* three of the four regular commissioners shall come
from civilian sector and not former members of the
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police or military
* the fourth regular commissioner shall come from the
law enforcement sector either active or retired
* at least one (1) of the four regular commissioners
shall be a woman
* from among the three regular commissioners from
the civilian sector, the Vice Chairperson shall be
chosen
* the Vice Chairperson shall act as the Executive
Officer of the Commission
* refer to the organizational structure of the
NAPOLCOM
1901 - ACT no. 175 of the Philippine Commission established the Philippine
constabulary on august 8, 1901.
1905 - the Philippine constabulary school was established at the sta.lucia barracks in
Intramuros on February 17, 1905.
1916 - the Philippine constabulary school was renamed academy for officers of the
Philippine constabulary.
1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province,
became the first Filipino chief of the Philippine constabulary.
1926 - the academy for officers of the Philippine constabulary was renamed Philippine
Constabulary Academy.
1936 - the Philippine Constabulary Academy became the present day Philippine Military
Academy.
1938 - The Philippine Constabulary became the existing and organized national police
force of the country pursuant to commonwealth act no. 343 dated June 23, 1938 and EO
no. 389 dated December 23, 1950. This decree integrated local police forces into the
Philippines constabulary operational and organizational set up.
1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the
Police Commission (POLCOM).
45
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975. The
Integrated National Police was established with the Philippine Constabulary as nucleus
under the Department of national Defense. The NAPOLCOM, originally under the office
of the President was transferred to the Ministry of National defense.
1985 - The National Police Commission was returned to the office of the President
pursuant to E.O 1040.
1989 - Executive order 379 placed the Integrated national Police directly under the
command, supervision and control of the President. This order vested the NAPOLCOM
with the powers of administrative control and supervision over the Integrated National
Police.
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National
Police under a reorganized Department of the Interior and Local Government (DILG). A
new National Police Commission was created under the DILG.
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as
the Philippine National Police reform and reorganization act of 1998. This act
strengthened and expanded NAPOLCOM,s authority over the PNP to include
administration of police entrance examination and conduct pre-charge investigation
against police anomalies and irregularities and summary dismissal of erring police
members.
2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line
functions and assist in the performance of the line
functions
- examples of the staff functions of the police are
planning, research, budgeting and legal advice
3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the
organization
- examples are training, communication, maintenance,
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records management, supplies and equipment management
1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice
control,
2. ADMINISTRATIVE UNITS
- those that perform the administrative functions
examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records
management,supplies.
ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions,departments and
functions or work of the organization
- it is comprised of functions, relationships,
responsibilities and authorities of individuals within
the organization
1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the
highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher l
level of authority before it can be carried out
- involves few departments
2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who
are all accountable to the authority above.
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- generally more formal in nature and has many
departments
ORGANIZATIONAL PRINCIPLES
2. SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise
3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior
position to a lower-level position.
4. HIERARCHY OF AUTHORITY
- the relationship between superiors and
subordinates
- serves as the framework for the flow of authority
downward and obedience upward through the
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department
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks
6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom
on the basis of rank or position and authority.
7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be
responsible for the effective supervision and
control.
Ancient Roots
The forerunner of the contemporary police system was the practice of barangay chieftains to
select
able-bodied young men to protect their barangay
during the night and were not required to work
49
in the fields during daytime.Among the duties of
those selected were to protect the properties
of the people in the barangay and protect their
crops and livestock from wild animals.
Spanish Period
Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the
regulations
of the Department of State; this was armed
and considered as the mounted police; years after, this kind of police organization discharged the
duties of a port, harbor and river police.
Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January
1836, this decree provided that 5% of the
able-bodied male inhabitants of each province were to be enlisted in this police organization for
three years
Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of
their work in policing towns,it consisted of a body
of Filipino policemen organized originally in each
of the provincial capitals of the central provinces
of Luzon under the Alcalde Mayor
American Period
Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father of
the Philippine Constabulary.The first chief of the Philippine Constabulary in 1901.
ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901.
Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary,
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enacted on October 3, 1901
Executive Order 389 – ordered that the Philippine Constabulary be one of the four services
of the Armed Forces of the Philippines, enacted on
December 23, 1940.
Post-American Period
Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality; issued on July 10,
1985
Executive Order No 1040 – transferred the administrative control and supervision of the INP
from the Ministry of National Defense to the National Police Commission
RA 6975 – otherwise known as the Department of the Interior and Local Government Act of
1990,
enacted on December 13,1990; reorganized the
DILG and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public Safety College.
RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.
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RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum
educational qualification for appointment to the PNP and adjusting the promotion system
thereof,amending for the purpose pertinent provisions of RA 6975 and RA 8551 and for other
purposes.
52
D.Sector
53
7.Beat - the primary subdivision of a sector.
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A. Traffic spot map
B. Traffic crime map
C. Traffic statistic report
D. Traffic incidence report
6. A file showing the history of each police officer, both prior and
subsequent to joining the force, is indispensable.
A. Personal records
B. Policy,order,memoranda file
C. Assignment record
D. Correspondence file
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B. Cross reference
C. File notation
D. Cross location
3. Traffic spot map - It post the the motor vehicle and pedestrian
accident which occur in the area.
5. Charged out card - Each time any file is issued, a record should
be made on a color charge-out which is often called a
Substitution Card or an Out Card which takes the place of
a file that has been removed from the cabinet.
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therein.It tells the filer or searcher where to find the needed
material.
1. B
2. C
3. A
4. D
5. D
6. A
7. D
8. A
9. B
10. C
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1. There are how many staff directorate in the Philippine National Police?
A. 8
B. 10
C. 12
D. 14
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D. None of the Above
Answer:
1. B
2. D
3. A
4. B
5. B
6. A
7. A
8. B
9. B
10. A
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2. An organization is effective if it enables the individual
to contribute to the organizations objective.
A. Principle of Unity of Objective
B. Principle of Organizational efficiency
C. Scalar Principle
D. Unity of Command
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C. Principle of balance
D. Principle of delegation result
1. C
2. A
3. B
4. C
5. A
6. B
7. C
8. A
9. C
10. B
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3. The responsibility for actions can not be greater than that
implied by the authority delegated nor should it be less.
A. Principle of Absolute Responsibility
B. Principle of balance
C. Principle of Parity and Responsibility
D. Principle of delegation
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C. A and B
D. None of the Above
Answer:
1. D
2. A
3. C
4. A
5. C
6. D
7. A
8. B
9. A
10. B
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D. Officer Basic Course
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10. Optional retirement requires the approval of the
A. DILG Secretary
B. Napolcom
C. Chief of the PNP
D. President of the Philippines
Answer:
1. A
2. B
3. C
4. D
5. C
6. A
7. C
8. D
9. B
10. B
Note:
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5 - Outstanding
4 - Very Satisfactory
3 - Satisfactory
2 - Fair
1 – Poor
Area - a section or territorial division of a large city each composed of designated districts.
District - a geographical subdivision of a city for patrol purposes usually with its own station.
Duty Manual - describes the procedures and defines the duties of officers assigned to specified
post or position.
Formal Organization - is defined as those organizations that are formally established for explicit
purpose of achieving certain goals.
Informal Organization - are those sharing the basic characteristic of all organizations arise
through the social interactions of individuals or through family grouping.
Leave of Absence- period, which an officer is excused from active duty by any valid reason,
approved by higher authority.
Length of Service- the period of time that has elapsed since the oath of office was
administered.Previous active services may be included or added.
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Line Organization - is the simplest and the oldest types of organization where responsibility
extends in a direct line from top to bottom within the structures and authority is definite and
absolute.
line and staff organization is a combination of the line and functional types.
Off Duty - the nature of which the police officer is free from specific routine duty.
On Duty - the period when an officer is actively engaged in the performance of his duty.
Police - is a branch of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
Police organization - is a group of trained personnel in the field of public safety administration
engaged in the achievement of goals andobjectives that promotes the maintenance of crimes.
Post - a fixed point or location to which an officer is assigned for duty, such as a designated desk
or office or an intersection or cross walk from traffic duty.It is a spot location for general guard
duty.
Ranking Officer- the officer who has the senior rank in a team or group.
Sick leave - period which an officer is excused from active duty by reason of illness or injury.
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Special Duty - the police service, its nature, which requires that the officer be excused from the
performance of his active regular duty.
Superior Officer- one having supervisory responsibilities, either temporarily or permanently, over
officers of lower rank.
Suspension - a consequence of an act which temporarily deprives an officer from the privilege of
performing his duties as result of violating directives or other department regulations.
Sworn Officers - all personnel of the police department who have taken oath and who posses the
power to arrest.
Unit - functional group within a section; or the smallest functional group within an organization.
A. 1828
B. 1829
C. 1830
D. 1831
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the beginning of the curfew hours
A. Statute of 1295
B. Statute of 1775
C. Statute of 1827
D. Statute of 1834
69
Answer:
1. B
2. A
3. A
4. A
5. A
6. A
7. B
8. D
9. C
10. B
11. A
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A. Police Patrol
B. Police Investigation
C. Police Intelligence
D. None of the Above
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Answer:
1. D
2. D
3. C
4. D
5. A
6. A
7. B
8. B
9. D
10. B
3. He laid the foundation for the first modern police force. he was
appointed magistrate in Westminster in 1748.
A. Henry Fielding
B. Sir Robert Peel
C. O.W. Wilson
D. None of the Above
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5. Required all men in a given town to serve on the night watch.
A. Hue and Cry
B. Shires
C. Parish constable
D. Watch and Ward
8. Ten families who grouped together to protect one another and to assume
responsibility for the acts of the group member.
A. Hundred
B. Shires
C. Tithings
D. Beadies
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Answer:
1. B
2. B
3. A
4. A
5. D
6. D
7. A
8. C
9. C
10.D
2. This office was created to assist the shire-reeve in non urban areas
A. Justice of the Peace
B. Parish Constable
C. Magistrates
D. Watchmen
4. Patrolling the streets from dusk till dawn to insure that all local
people were indoors and quite and to insure that no strangers were
roaming around.
A. Justice of the peace
B. Parish Constable
C. Magistrates
D. Watchmen
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5. A system of apprehending criminals whereby a complainant goes in the
middle of the street and shout at the top of his voice calling all males
to assemble and indicates the whereabouts of the culprit.
A. Royal Judge
B. Magistrates
C. Watchmen
D. Hue and Cry
7. Suspects were required to place their hands in boiling water. When not
hurt, he will be acquitted, if not he is guilty of the crime.
A. Hue and Cry
B. Shire
C. Trial by Ordeal
D. None of the Above
10.This law established the Napolcom under the office of the President.
It is also known as the Police Act of 1966.
A. R.A. 6975
B. C.A. 181
C. R.A. 4864
D. R.A. 4668
Answer:
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1. C
2. A
3. B
4. D
5. D
6. A
7. C
8. D
9. B
10. C
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C. Special Order
D. Office Manual
Answer:
1. A
2. B
3. C
4. C
5. A
6. A
7. A
8. C
9. B
10. B
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Police Operational Planning
Police Operational Planning - the act of determining policies and guidelines for police
activities and operations and providing controls and safeguards for such activities and operations
in the department. Involves strategies or tactics, procedures, policies or guidelines.
Operational Planning - the use of rational design or patten for alldepartmental undertakings
rather than relying on chance in an operational environment. The preparation and development
of procedures andtechniques in accomplishing each of the primary tasks and functions of an
organization.
Planning - the determination in advance of how the objectives of the organization will be
attained; involves the determination of a course of action to take in performing a particular
function or activity. The process of developing methods or procedures or an arrangement of parts
intended to facilitate the accomplishment of a definite objective. The process of deciding in
advance what is to be done and how it is to be done.
Tactics - are specific design, method or a course of action to attain a particular objective
in consonance with strategy.
command post/holding area - area where case conferences, briefings and debriefings
are being conducted by the responding agencies.
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dragnet operation - is a police operation purposely to seal off the probable exit points of
fleeing suspect from the crime scene to prevent their escape.
Guidelines in Planning
1. What - mission/objective
2. Why - reason/philosophy
3. When - date/time
4. where - place
5. How - strategy/methods
Types of Plan
1. Procedural/Policy Plan
2. Operational Plan
3. Tactical Plan
4. Administrative/Management Plan
5. Extra-Departmental Plan
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A. Planning
B. Organizing
C. Directing
D. Controlling
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8. This is intended to be used in all situations of all kinds,
which shall be outlined to guide officers and men in the field.
A. Field Procedure
B. Headquarter's Procedure
C. Special Operating Procedure
D. None of the Above
Answer:
1. A
2. B
3. C
4. D
5. A
6. B
7. C
8. A
9. B
10. C
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2. Specific commitment to achieve a measurable result
within a specific period of time.
A. Goal
B. Objective
C. Plan
D. Strategy
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8. A sequence of activities to reach a point or to attain
that which is desired.
A. Tactic
B. Procedure
C. Policy
D. Guidelines
10.A rule of action for the rank and file to show them
and they are expected to obtain the desired effect.
A. Tactic
B. Procedure
C. Policy
D. Guidelines
Answer:
1. A
2. B
3. C
4. A
5. B
6. C
7. A
8. B
9. C
10. D
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2. A sub-type of plan to meet unusual needs which is similar
to general emergency plan but it is basically to certain
specific situation.
A. General Emergency Plan
B. Specific Emergency Plan
C. Policy
D. Guidelines
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and suppression and security and public safety operations.
A. Fundamental Doctrine
B. Operational Doctrine
C. Functional Doctrine
D. None of the Above
Answer:
1. A
2. B
3. A
4. B
5. C
6. A
7. B
8. C
9. C
10. D
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1. An organization is more effective if it enables the
individual to contribute to the organization.
A. Principle of Unity of Objective
B. Principle of Organizational Efficiency
C. The Scalar Principle
D. Functional Principle
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D. None of the Above
Answer:
1. A
2. B
3. C
4. D
5. A
6. B
7. C
8. B
9. C
10. A
Notes:
1. Scalar Principle
a. Unity of Command
b. Span of Control
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c. Delegation of Authority
d. Chain of Command
2. Five Approaches in Planning
a. Synoptic Planning
- feasibility study
- acceptability study
- cost effective analysis
b. Must and Wants analysis
c. Incremental Planning
d. Trans-active Planning
e. Advocacy Planning
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5. It shall map out in advance all operations involved in the
organizations management of personnel and material and in
the procurement and disbursement of money.
A. Policy/Procedural Plan
B. Operational Plan
C. Management Plan
D. Extra-Office Plan
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Answer:
1. A
2. C
3. B
4. D
5. C
6. A
7. B
8. C
9. D
10. C
Notes:
1. Types of Plans
a. Policy/Procedural Plan
b. Tactical plan
c. Operational Plan
d. Extra-Office Plan
e. Management Plan
3. Five M of management
a. Manpower
b. Machine
c. Money
d. Means/Method
e. Material
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security,defense and foreign policy objectives.
Human Intelligence - category of intelligence derived from information collected and provided
by human sources.
Dead Drop/Dead Letter Box - is a method of espionage trade craft used to pass items between 2
individuals using a secret location and thus not require to meet directly.
Case Officer - is an intelligence officer who is trained specialist in the management of agents
and agent network.
Cryptography - is the practice and study of techniques for secure communication in the
presence of third parties called adversaries.
Eaves Dropping - Is the act of secretly listening to the private conversation of others without
their consent.
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Snitches - jail house informants.
Intelligence Cycle - is the process of developing unrefined data into polished intelligence for the
use of policy makers.
1. Direction - intelligence requirements are
determined by a decision maker to meet his/her
objective.
2. Collection - is the gathering of raw information
based on requirements.
3. Processing - converting the vast amount of
information collected into a form usable by
analyst.
4. Analysis - conversion of raw information into
intelligence. It includes:
(1) integrating
(2) evaluating
(3) analyzing data and preparing intelligence
product.
5. Dissemination - is the distribution of raw or
finished intelligence to the consumer whose needs
initiated the intelligence requirement.
6. Feedback - is received from the decision maker
and revised requirement issued.
Crime Triangle
1. the offender
2. the victim
3. the location
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Tactical Intelligence - information regarding a specific criminal event that can be used
immediately by operational units to further a criminalinvestigation plan tactical operations and
provide for officer safety.
Open Source - refers to any information that can be legitimately obtained e. free on
request, payment of a fee.
Intelligence Analysis - is the process of taking known information about situations and entities
of strategic, operational, or tactical importance, characterizing the known and with appropriate
statements of probability. the future actions in those situations and by those entities.
Cryptanalysis - from the Greek word Kryptos-hidden and Analyein-to loosen or to unite - is the
art of defeating cryptographic security systems and gaining access to the contents of encrypted
messages without being given the cryptographic key.
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3. Activity pertains to all security control measures designed to
ensure the safeguarding of information against espionage,
personnel against subversion and installations or material
against sabotage.
A. Combat intelligence
B. Police intelligence
C. Military intelligence
D. Counter intelligence
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9. Knowledge in raw form is known as
A. Intelligence
B. Information
C. Awareness
D. Cognition
Answer
1. C
2. A
3. D
4. A
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5. B
6. A
7. B
8. B
9. B
10. A
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A. Strategic intelligence
B. Counter intelligence
C. Tactical intelligence
D. Long-term intelligence
You may want to read the ff: intelligence and secret service
97
C. Data + analysis = Intelligence
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4. A chemical marking compound developed by the KGB to keep
tabs on the activities of a target officer. Also called METKA.
The compound is made of nitrophenyl pentadien (NPPD) and luminol.
A. Spy dust
B. Chemical dust
C. Sulfuric acid
D. Potassium nitrate
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C. Drop
D. Safe house
1. Sun Tzu - The Chinese general who wrote The Art of War
in about 400 b.c.
8. Terms:
1. Wanted list - It is for crime suspects with warrant
of arrest.
2. Watch list - It is for those without warrant of arrest.
3. Target list - It is for organized crime groups.
4. PIR - Priority Intelligence requirement
5. OIR - Other intelligence requirements
6. SOR - Specific order request
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9. R.A. 8551 - Placed PNP as support to the AFP in
Counter insurgency operations thru intelligence gathering.
1. B
2. B
3. B
4. B
5. C
6. A
7. C
8. A
9. D
10. A
1. Overt/Open – overt info. Are obtained from open and easily available sources like
magazines, reports and files.
2. Covert/Close
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1. Regular
2. Secondary
3. Emergency
1. Selection
2. Investigation
3. Approach
4. Testing
Briefs – the form in which the finished product of intelligence is presented to the commander in
the police department.
Ciples – are fundamental guides to action, broad statement of truth from which others are
derived.
1. Strategic Intelligence
2. Counter Intelligence
3. Line Intelligence
Coding – is the process of putting the codes and ciphers to plain text message.
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activities and even subversive groups.
Criminal Syndicate – it is a stable business with violence applied and directed at unwelcome
competitors.
Criminal World – the social organization of criminals having its ownsocial classes.
Cryptoanalysis – is the process of putting the plain text message to codes and cipher.
Cryptograph – the art and science of making, devising, inventing, or protecting codes and cipher.
Counter Intelligence – type of intelligence activity which deals with defending the organization
againsts it criminal activities.
1. Physical Security – a system of barrier placed between the potential intruder and the
material to be protected.
5. Community Security – is the protection resulting from all measures designed to deny
unauthorized person information of value which may be derived from the possession and
study of communications or to mislead unauthorized persons and the interpretation of the
result of such study.
Covert Operation – if the information is obtained without the knowledge of the person against
whom the information or document may be used or if the method or procurement is done not in
an open manner.
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Decipher – to reconvert the cipher into plain text message.
1. Top Secret
2. Secret
3. Confidential
4. Restricted
Evaluation – it is the critical appraisal of information as a basis for its subsequent interpretation
which includes determining the pertinence of information and the reliability of the source.
- to judge the information as to its truthfulness or importance.
Financial Gain – the most common reason why an informer is giving information.
Information – are knowledge, data, news, opinion or the like transmitted from one person to
another.
Integrate – to make the entire or all the information the subject matter.
Interpret – to explain the meaning or to expand the information from the unknown to known.
Intelligence – product resulting from the collecting information concerning an actual and
potential situation and condition relating to foreign activities and to foreign or enemy held areas.
Interpretation – determining the significance of the information with respect to what is already
known and it draws conclusions as to the probable meaning of the evaluated information.
Kinds Of Surveillance
1. Surveillance of place
2. Tailing or shadowing
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3. Undercover investigation or Roping
Line Intelligence – types of intelligence which is of immediate nature and necessary for more
effective police planning and operation.
Method of Casing
2. Map Reading
3. Research Work
Need To Know Principle – in intelligence dissemination, even a ranking law enforcer who has no
business on the classified information is not furnished the report.
OB File – identification, location, and knowing the intents of criminal syndicates, notorious
characters and even people with subversive desires must be made available for use.
Order Of Battle – an intelligence document describing the identity, strength, command structure
and disposition of the enemy/criminals.
Organized crime – it is the combination of two or more persons for the purpose of establishing
criminal activity.
Overt Operation – if the information or document are procured openly with out regard as to
whether the subject of the investigation becomes knowledgeable of the purpose for which it is
being gathered.
Police Intelligence – an evaluated and interpreted information concerning organized crime and
other major police problems.
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different and unofficial identity/cover story in order to obtain information.
Safe House – a clandestine place where the intelligence agent and his superior meet.
Stool Pidgeon – an individual who sells information to different groups of law enforcers.
Strategic Intelligence – intelligence which is primarily long range in nature with little or no
immediate practical value.
Surveillance – to gather general information over a wide area and takes a longer time frame.
Wilhelm Von Stieber – a CIA intelligence officer who spied for soviet union from 1985 – 1994,
he had perpetrated the costliest breach of security in the agency's history.
Private Detective Agency - is any person who for hire or reward or on commission conducts or
carries on or holds himself out as conducting or carrying on a detective agency or detective
service.
Private Detective - any person who is not a member of a regular police agency or armed forces
who does detective work for hire,reward or commission.
Watchmen/Security Guard - person who offers or renders personal service to watch or secure
either residential or business establishment or both or any building,compound or area for hire or
compensation or as an employee thereof.
Security Agency - any person, association, partnership or corporation who recruits, trains,
muster ,furnishes, solicit individuals or business firms, private or government owned or
controlled corporation to engage his services or those of its watchmen.
106
Who May Organize Security Agency
1. Any Filipino Citizen or a corporation, partnership or association.
2. With a minimum capital required by law.
2. mentally incompetent
4. habitual drunkard
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Veterans shall be given priority in employment as security guard or private detective.
Person convicted of any crime involving moral turpitude shall not be employed as
security guard or private detective.
Private detective, detective agency, security guard, security agency must first obtain
license from the PNP.
Employees employed solely for clerical or manual work need not be licensed.
The license shall be displayed at all times in a conspicuous and suitable place in the
agency office.
The PNP shall exercise general supervision over the operation of all private detective and
security guard agencies.
The City/Municipal Mayors has the power as director of the City/Municipal civil defense
to deputize private detective and security guards to help maintain peace and order or
prevent or arrest law violators in case of emergency or in times of disaster or calamity.
They shall take orders from the Chief of Police for the duration of the fire, inundation,
earthquakes, riots or other emergency.
Agency is entitled to possess firearm not exceeding one firearm for every security guard
in its employ.
Security guard is entitled to possess not more than one riot gun or shotgun.
Firearms shall be carried by the security guard only during his tour of duty in proper
uniform within the compound of the establishment except when he escorts big amount of
cash or valuables in or out of said compound.
The Chief PNP shall prescribe the uniform, ornaments, equipment and paraphernalia to
be worn by the security guards.
Salary of security guard - not lower than the minimum wage prescribe by law.
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suburbs may employ more than 1000 watchmen or
security guards.
2. No agency operating in other cities and first class
municipalities may employ more than 500 watchmen
or security guards.
3. No agency operating in municipalities other than
first class may employ more than 200 watchmen or
security guards.
4. No person, corporation, partnership or association
may organize more than one agency in any one city
or municipality.
5. No agency shall offer, render or accept services to
gambling dens or other illegal enterprises.
6. The extent of the security service being provided
by any security agency shall not go beyond the
whole compound or property of the person or
establishment requesting the security service
except when they escort big amount of cash.
Who can Issue rules and regulations to carry out the purpose of RA 5487? ans. the chief
PNP, in consultation with the Philippines Association of Detective and Protective Agency
Operators.
What are the penal provisions for violation of RA5487 or its implementing rules? ans.
1. Suspension, fine or cancellation of license to
operate with the forfeiture f bond filed with the
Chief PNP.
2. Imprisonment ranging from 1 to 4 years and fine, in
the discretion of the courts.
Physical security - describes the measures that are designed to deny access to unauthorized
personnel from physically accessing a building, facility, stored information and guidance on how
to design structures to resist potentially hostile acts.
- a system of barriers placed between a potential intruder and the material or
installation to be protected.
Security - the predictable state or condition which is free from harm, injury, destruction,
intimidation or fear. Freedom from fear or danger or defense against crime.
Physical Security System - a barrier or system of barriers placed between the potential intruder
and the matter to be protected. Protective device against hazards, threats, vulnerability and risks.
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2. distinguish authorized from unauthorized people - ex. using pass card
2. build fences
1. gates
2. doors
3. locks
1. install alarms
Vigiles (in Rome) - origin of the watchmen although their principal duty was as a fire brigade.
110
Notable security guards:
1. Frank Wills - detected the Watergate burglars ultimately leading to the resignation of
US president Richard Nixon.
Target hardening - the reduction in criminal opportunity, generally through the use of physical
barriers, architectural design and enhanced security measures of a particular location.
Defensible Space - the range of mechanisms that combine to bring an environment under the
control of its residents.
2 Kinds of Barriers
1. Natural
2. Artificial
5 Types of Barriers
1. Human
2. Animal
3. Natural
4. Energy/Electrical/Electronic
5. Structural
3 Line of Defense
1. Perimeter Barrier - 1st line of defense.
2. Building Exterior - 2nd line of defense.
3. Interior Controls - 3rd line of defense.
Perimeter Barrier - main purpose is to deny or impede access or exit of unauthorized persons.
Other Purposes
1. It defines the boundary of the property to be
secured.
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2. It creates a physical and psychological deterrent
to unauthorized entry.
3. It delays intrusion, thus facilitating apprehension
of intruders.
4. It assists in a more efficient and economical
employment of guards.
5. It facilitates and improves the control of pedestrian
and vehicular traffic.
Components:
1. Types of Fencing (solid/full view)
2. The top guard
3. Types of Protective Alarms Systems
4. Types of Protective and Emergency Lighting's
5. CCTV Cameras and other Electronic Security
Systems/Energy Barriers
Natural barriers or features - such as cliffs,ravines,and rivers which delay or make more
difficult to entry of intruders.
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Structural barriers - features constructed by man regardless of their original intent that tends to
delay the intruder.ex.walls,ceilings,locks,safe,windows.
Animal barriers - usually guard dog.ex. trained German shepherds used as guards,goose,and
turkeys can also be included.
Energy barriers - usually electrical or electronics devices used to provide assistance to guard
personnel.ex. protective lightnings,antiintrusion devices.
Full view fence - it is designed primarily to prevent physical access between two
areas.Constructed in such a way that visual access is permitted through the fence.
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1. Denies visual access of the installation of the
intruder.
2. Denies the opportunity for the intruder to become
familiar with the personnel,activities and the time
schedule of the movements of guards in the
installations.
114
4 Basic functions that must be accomplished by the guard system
1. Detect intruders
2. Sound alarms
3. Apprehend unauthorized personnel
4. Identify authorized personnel
Visitor control - the measures used would depend on the sensibility of the installation but could
include the following:
1. Escort - expensive but most secure
2. Time traveled - if there is a long delay or time lapse
between the departure and arrival,the visitor may
be required to show cause for the delay.
3. Visitors logs - should contain identifying data,
reasons of visit,time in and hour etc.
4. Visitors entrances - separate access for visitors and
separate for employees .
Utility and maintenance personnel - escort system could be used.If these people visit the
installations on a regular basis some of the systems previously could be used.
Package control - there should be provisions made to check packages being taken in and taken
out.
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Photography - extreme caution must be exercised in areas where classified information is
displayed to preclude unauthorized taking of pictures of the installation.
Kinds of Alarms
1. Intrusion alarm - any detecting devices using
116
electric and their combinations to signal an alarm
when actuated.
2. Laser beam alarm - a laser emitter floods the wall or
fence with a beam so that when this beam is
disturbed by a physical object,an alarm is activated
3. Photocell alarm - an invisible or visible beam is
emitted and when disturbed,it activates an alarm
or mechanical device that opens a door or lift
movable barriers,activated by light.
Security Survey - The detailed check and audit of what an installation or plant does not have in
relation to its protection from hazards.
Security hazards - an act or condition which result in a situation conductive to a breach of the
protection system and the subsequent loss or compromise of defense,information,company
secrets,or damage to property,personnel,or facilities.
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5. Subversion
6. Sabotage
7. Espionage
8. Pilferage
9. Theft
10.Vandalism
3 Aspects of Security
1. Physical Security - measures taken to prevent
physical access or entry to an installation.
2. Personnel Security - measures taken to insure
that only authorized personnel have access to
classified documents or information.
3. Document and Information Security
Types of Security
1. Physical Security - the most broad.
2. Industrial Security - security of business
installations and industrial plants.
3. VIP Security - protection of high level officers and
important personnel.
4. Bank Security - security of money and assets
stored or in transit.
5. Hotel Security - security for hotel guest and their
personal belongings and property as well as
properties of the hotel.
6. Document security - protection of vital records
from loss or unauthorized access.
7. Communication Security - measures to prevent or
delay the unauthorized person in gaining
information through communication.
Physical Security
* Protective barrier - is the physical type of security.
* Barrier - any structure or physical device capable
of restricting,deterring,delaying illegal access into
installations.
* Perimeter barrier - a medium or structures which
define the physical limits of an installation or area
to restrict or impede access thereto.Any physical
barrier used to supplement the protection of the
inside perimeter.
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* Inside Perimeter - a line of protection adjacent to
the protected area and passing through points of
possible entry into the area.ex. doors and windows
* Outside perimeter - a line of protection but some
what removed from the protected area.ex.fence
Protective Alarms - supplemental physical barriers in a form of sound that cause alarm installed
indoors or outdoors in an installation.
Kinds of Alarms
1. Bill Traps
2. Foot Rail Activator
3. Knee or thigh button
4. Foot button
5. Double squeeze button
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4. Emergency Lighting - duplication of existing
lighting system that is utilized in the event of
electric failure.
Types of Locks
1. Lever locks - used in cabinets,drawers,safe
deposit box.
2. Disc-Tumble Locks - used in car doors.
3. Warded Locks - offer little security,used only to
provide privacy.
4. Combination Locks
5. Card Operated Locks
6. Electromagnetic Locks
7. Code operated Locks
Types of Keys
1. Master Key - a special key of opening a series
locks.
2. Grand Master Key - a key that will open
everything in a system involving two or more
master key groups.
3. Change Key - a key to a single lock within a master
keyed system.
4. Sub Master Key - a key will open all lock with a
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particular area or grouping in a given facility.
Protective Cabinets - considered as the third line of defense against unauthorized persons.
Key Control - a system of controlling keys devised and regulated for disposal,storage and
withdrawals.
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3. Any Person who is not a member of a regular police agency
or the Armed Forces of the Philippines who does detective
work for hire, reward or commission.
A. Private Detective Agency
B. Private Detective
C. Private Security Guard
D. Private Security Agency
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A. 25 Years of Age
B. 30 Years of Age
C. 35 Years of Age
D. 40 Years of Age
Answer:
1. A
2. D
3. B
4. A
5. D
6. A
7. D
8. A
9. C
10. D
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B. College Graduate
C. Physically and Mentally Fit
D. Not More Than 50 Years Old
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9. A Security Agency operating in the City of Manila may
employ not more than
A. 500 Security Guards
B. 1000 Security Guards
C. 1500 Security Guards
D. 2000 Security Guards
Answer:
1. B
2. B
3. C
4. C
5. C
6. C
7. A
8. D
9. B
10. A
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A. One
B. Two
C. Three
D. Four
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A. The Branch Manager
B. The Security Guard Supervisor
C. The Most Senior Security Guard
D. The Chief Of The PNP SAGSD or Representative
Answer:
1. A
2. A
3. C
4. B
5. D
6. D
7. C
8. A
9. D
10. A
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A. 10 Licensed Private Detective Under Its Employ
B. 30 Licensed Private Detective Under Its Employ
C. 50 Licensed Private Detective Under Its Employ
D. 100 Licensed Private detective Under Its Employ
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B. DTI Registration
C. Articles of Incorporation
D. License To Operate
Answer:
1. B
2. B
3. B
4. B
5. B
6. B
7. D
8. D
9. D
10. D
1. Agency Guards
2. Company Guards
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Alarm – a device that signals.
Clear Zone – the exterior and interior parallel area near the perimeter barrier of an
industrial compound to afford better observation and patrol movement.
Controlled Area – an area near or adjacent to limited or exclusive areas where entry
is restricted.
Ducks – in England, an owner to protect his compound used and they are not only
effective but cheap to maintain.
Duress Code – a type of code system so that security personnel when forced by
armed men intending to enter an installation can give alarm by the use of certain
words in casual conversation with other personnel in the installation.
1. Pilferage
2. Sabotage
3. Arson
Main Office – all agencies shall maintain a main office in their registered addresses.
PCSUSIA/SAGSD – the government agency that issues licenses for private and
government security guard.
Peterman – a term used in England for lock pickers, safe crackers and penetrators of
restricted/prohibited areas.
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Private Detective – any person who does detective work for hire, reward or
commission other than members of the PNP, NBI, AFP, BJMP and other law
enforcement agency of the government.
Safe – a metallic container used for the safekeeping of documents or other small
items in an office or installation.
Security Guard – one who is a holder of a security guard license duly issued by the
PNP
1. Filipino Citizen
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4. At least 18 yrs. Old but not more than 50 yrs. Old
Security Survey – also known as security audit, risk assessment, and vulnerability
assessment.
Top Guard – this is an additional outwardly inclined structure usually barbed wires
placed above a vertical fence to increase physical protection from intruders of a
certain area.
Vault – a heavily constructed container usually part of a building structure used for
keeping and protecting cash and documents.
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4. In busy and thickly populated commercial streets like those
in Divisoria, police patrol is very necessary. Since there
are several types of patrol, which of the following will you
recommend:
A. Horse patrol
B. Mobile patrol
C. Foot patrol
D. Helicopter patrol Answer: C
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A. Three (3) members chosen by the Peace and Order
Council from among the respected members of the
community.
B. Any barangay Captain of the city/municipality
concerned chosen by the association of the
Barangay Captains.
C. Any member of the Sangguniang
Panglungsod/Pambayan
D. A bar member chosen by the Integrated bar of the
Philippines (IBP) Answer: D
12. In the civil service system, merit and fitness are the primary
considerations in the
A. two-party system
B. evaluation system
C. promotional system
D. spoils system Answer: C
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A. covert
B. overt
C. active
D. underground Answer: A
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requirements.
A.tactical plan
B.financial plan
C.work plan
D.control plan Answer: B
22. The term used for the object of surveillance is a subject while
the investigator conducting the surveillance is:
A.rabbit
B.surveillant
C.traffic enforcement
D.patrol Answer: A
27. You are the Patrol Supervisor for the morning shift. You don’t
have enough men to cover all the patrol beats. Which of the
following will you implement?
A. assign roving mobile patrol with no foot patrol
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B. assign mobile patrols only in strategic places
C. maintain your patrolmen at the station and just wait
for calls for police assistance
D. assign foot patrol in congested and busy patrol beats
but assign a roving mobile patrol to cover beats which
are not covered by foot patrol Answer: B
29. Which of the following is the most common reason why informer
can give information to the police?
A.wants to be known to the policeman
B.monetary reward
C.as a good citizen
D.revenge Answer: B
32. Those who are charged with the actual fulfillment of the
agency’s mission are ________.
A. staff
B. supervision
C. management
D. line Answer: D
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C. burnt out
D. get out Answer: C
34. Small alley like those in the squatters area of Tondo can be
best penetrated by the police through:
A. foot patrol
B. mobile patrol
C. highway patrol
D. helicopter patrol Answer: A
138
C. security survey
D. security education Answer: C
40. This patrol method utilizes disguise, deception and lying in wait
rather than upon high-visibility patrol techniques.
A. low-visibility patrol
B. directed deterrent patrol
C. decoy patrol
D. high-visibility patrol Answer: A
41. It enforces all traffic laws and regulations to ensure the safety
of motorists and pedestrians and attain an orderly traffic.
A. Civil Relations Unit
B. Traffic Operations Center
C. Traffic Management Command
D. Aviation Security Command Answer: C
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46. PNP in-service training programs are under the responsibility of
the:
A. PNP Directorate for Plans
B. PNP Directorate for Human Resource and Doctrine
Development
C. PNP Directorate for Personnel and Records
Management
D. PNP Directorate for Comptrollership Answer: C
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52. This is a person who does detective work for hire, reward or
commission, other than members of the AFP, BJMP, provincial
guards, PNP or any law enforcement agency of the
government.
A. Secret Agent
B. “Tiktik”
C. Private detective
D. Undercover Answer: C
54. Going east while foot patrolling and turning right after reaching
the end of your beat and turning right after reaching the other
end of the road and again turning right until you completed
the cycle by reaching back to your origin of patrolling.What
patrol pattern have you applied?
A. clockwise
B. straightway
C. counter clockwise
D. free-wheeling Answer: A
55. Which theory of patrol state that police visibility increases the
opportunity to apprehend criminals by soothing them and letting
them believe that their crimes will not be detected?
A. low profile theory
B. high visibility
C. theory of omnipresence
D. team policing Answer: A
56. Without air force capability, patrol operation that covers large
park areas, grassy fields or wooded areas requires the use of
A. bike patrol
B. horse patrol
C. marine patrol
D. helicopter patrol Answer: B
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D. short Answer: B
62. Which of the following words has the same meaning as the
word credibility?
A. ability
B. capacity
C. believability
D. vulnerability Answer: C
64. All but one are the primarily line operation in police organization
A. patrol
B. records
C. investigation
D. traffic Answer: C
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65. Criminals can hear the sound of the helicopter coming and so
element of surprise is lost which is one of the ________
of air patrol:
A. advantages
B. features
C. disadvantages
D. import Answer: C
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C. Unity of Command
D. Delegation of Authority Answer: A
72. What is the optional retirement for officers and new officers of
the police service?
A. 15 years
B. 25 years
C. 30 years
D. 20 years Answer: D
73. Governors and mayors, upon having been elected and having
qualified as such,are automatically deputized as representatives
of the
A. NAPOLCOM
B. DND
C. PLEB
D. none of these Answer: A
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D. Community Oriented Policing System (COPS)
Answer: D
80. This term refers to the period when a police officer is actively
engaged in the performance of his duty.
A. off duty
B. off limits
C. on call
D. on duty Answer: D
145
83. In the history of our police force, who was the first Director
General of the Philippine National Police (PNP)?
A. Gen. Cesar Nazareno
B. Gen. Raul Imperial
C. Gen. Umberto Rodriquez
D. Gen. Recaredo Sarmiento Answer: A
85. Under the law,the city/municipal jail warden should have a rank
of __.
A. Inspector
B. Chef Inspector
C. Senior Inspector
D. Superintendent Answer: C
88. The required rank for the head of the Fire Bureau.
A. Chief Superintendent
B. Director General
C. Director
D. Deputy Director General Answer: C
89. It exercise supervision and control over all city and municipal
jails.
A. BJMP
B. Bureau of Prisons
C. Department of Justice
D. Local Government Answer: A
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90. The annual reservation percentage quota for women in the
PNP
A. 25%
B. 5%
C. 10%
D. 20% Answer: C
94. The head of a local peace and order council is the __.
A. judge
B. chief of police
C. mayor
D. governor Answer: C
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units of the PNP.
A. employment
B. deployment
C. assignment
D. designation Answer: B
97. One of the following exercises control and supervision over the
PNP units during elections.
A. NBI
B. Ombusdman
C. COMELEC
D. DILG Answer: C
98. The number of eligible for which the Regional Director may
recommend for Provincial Director to the governor is __.
A. 2
B. 3
C. 5
D. 4 Answer: B
148
103. He exercises the power to revoke for cause licenses issued to
security guards.
A. Chief PNP
B. DILG Usec
C. NAPOLCOM chairman
D. DILG Secretary Answer: A
149
C. Relieving
D. Accounting Answer: A
111. The exterior and interior parallel area near the perimeter
barrier of an industrial compound to afford better observation
and patrol movement is known as
A. Protective zone
B. Clear zone
C. Twilight zone
D. Patrol lane zone Answer: B
113. The government agency that issues licenses for private and
government security guard is
A. PNP SOSIA
B. Mayors office
C. PNP FEO
D. PNP SAGSD Answer: D
150
A. Security education
B. Security check
C. Security survey
D. Security Inspection Answer: C
118. Whether to put up its own security guard organic to the firm
or hire contractual agency guards have their individual merits
and disadvantages.To determine which type of guarding
system an industrial firm will require management must consult
A. A security consultant not connected to or owning a
security agency
B. A military intelligence officer
C. A police officer
D. A security agency owner Answer: A
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121. The main reason for a personnel security investigation is
A. To weed out undesirable employees
B. To check loyalty of employees to the organization
C. To determine the character and reputation of certain
employees secretly tagged as risks.
D. Preclude assignment to sensitive positions for those
who are security risks. Answer: D
122. In an industrial firm there is a need for document security.As
security officer,you can advice management on this aspect
although this is not totally your assigned work.Document
security is not a protection of vital records from
A. Authorized handlers
B. Theft or loss
C. Compromise or destruction
D. Unauthorized access Answer: A
152
126. It is defined as system of barriers placed between the matters
protected and the potential intruder
A. Computer security
B. Personnel security
C. Document security
D. Physical security Answer: D
153
B. Anyone provided he knows the job
C. An alien but living in the Philippines
D. All of them Answer: A
137. One who steals due to his inability to resist the unexpected
opportunity and has little fear of detection.
A. Systematic
B. Outsider
C. Casual
D. Insider Answer: C
154
the company.
A. Duress code
B. Pass system
C. ID
D. Access list Answer: B
155
B. Paging system
C. Radio
D. All of them Answer: D
149. Steal or plastic pipes located in the building from the lowest
to the top floor with water under pressure for use in case of
fire.
A. Lowering pipe
B. Wet pipe
C. Top pipe
D. Stand pipe Answer: D
156
C. Labor only contracting between the agency and the
guard
D. Tenure provided by the labor code Answer: B
157
A. BI
B. LAC
C. NAC
D. PSI Answer: D
158
entity.
A. Insular security force
B. Company security force
C. Government security unit
D. Private security agency Answer: C
169. How many firearms issued for every two guards employed by
the security agency is allowed by law?
A. 4
B. 3
C. 2
D. 1 Answer: D
159
B. 3 years
C. 2 years
D. 1 year Answer: D
160
activity or would be of great advantage to a foreign nation.
A. Restricted matters
B. Secret matters
C. Confidential matters
D. Top secret matters Answer: B
161
C. Communication security
D. All of the above Answer: B
162
D. None of the above Answer: C
189. One who steals with pre conceived plans and takes always
any or all types of items or supplies for economic gain.
A. Casual pilferage
B. Systematic pilferage
C. Pilferage
D. None of the above Answer: B
190. What date is the Republic Act No. 5487 or the private security
agency law passed?
A. June 13, 1999
B. June 13, 1969
C. June 7, 2009
D. June 31, 1969 Answer: B
163
A. Risk reduction
B. Probable maximum loss
C. Risk transfer
D. Possible maximum loss Answer: D
199. Company owned alarm system with a unit in the nearest police
station so that in case of need, direct call is possible.
A. Auxiliary alarm
B. Proprietary system
C. Local alarm system
D. Central station station system Answer: A
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Criminal Jurisprudence and Procedure 20%
Law Enforcement Administration 20%
Correctional Administration 15%
Criminalistics 20%
Criminal Sociology 15%
Ethics and Human Relations 10%
Civil Law
1. Filed by a private party.
a corporation
an individual person
no incarceration
During the times of the Romans, a criminal charge meant presenting the case
before the public.Both the person accused of the crime and the accuser would give
speeches based on their side of the story.The individual with the best
argumentation would determine the outcome of the case.
165
Criminal Law
1. Filed by the government
2. Penalty: a guilty defendant is punished by
166
4. While being public officers and employees, an
offense is committed in the exercise of their
functions.
5. Crimes against the National Security and the Law
of the Nations.
167
3. Law that violates the equal protection clause of the
constitution.
4. Law which imposes cruel and unusual punishments nor
excessive fines.
168
C. Prospective
D. None of the above
Answer:
1. C
2. D
3. A
4. D
5. C
6. B
7. D
8. C
9. C
10. A
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Criminal Law Review Questions 2
1. Basis is the sum of social and economic phenomena which
conditions man to do wrong in spite of or contrary to his
volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above
170
7. Crimes committed aboard a foreign vessel within the
territorial waters of a country are triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above
Answer:
1. B
2. B
3. D
4. C
5. A
6. C
7. B
8. B
9. A
10. B
171
D. Omission
172
A. Mitigating and aggravating circumstance is not generally
taken into account
B. Degree of accomplishment of the crime is taken into
account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.
Answer:
1. D
2. A
3. B
4. A
5. B
6. A
7. D
8. D
9. A
10. B
173
3. In Criminal Law, Praetor Intentionem means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above
174
overt acts b. Does not perform all acts which would produce
the felony c. His acts are not stopped by his own spontaneous
desistance
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
Answer:
1. A
2. B
3. C
4. C
5. D
6. A
7. B
8. C
9. C
10. D
175
D. All of the Above
176
D. 6 years and 1 day to 12 years
Answer:
1. D
2. C
3. B
4. B
5. A
6. B
7. C
8. A
9. C
10. D
177
D. None of the Above
178
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above
Answer:
1. B
2. A
3. A
4. B
5. D
6. C
7. A
8. B
9. A
10. B
179
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
180
A. Uninhabited place
B. Band
C. Nighttime
D. None of the Above
Answer:
1. A
2. D
3. A
4. C
5. D
6. B
7. A
8. B
9. B
10. B
4. Reiteracion means
A. Recidivism
B. Habituality
C. Multi-recidivism
181
D. Quasi-recidivism
182
C. Disguise
D. None of the Above
Answer:
1. A
2. B
3. B
4. B
5. B
6. D
7. A
8. B
9. C
10. A
11. C
183
consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz
184
9. This Law penalizes the act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person knows
or should have known to be derived from the proceeds of
the crime of robbery or theft.
A. P.D. 1261
B. P.D. 1216
C. P.D. 1621
D. P.D. 1612
Answer:
1. D
2. C
3. B
4. D
5. B
6. C
7. C
8. C
9. D
10,. d
186
punishment than the law annexed to the crime when
committed.
D. None of the Above
Answer:
1. C
2. A
3. B
4. C
5. D
6. D
7. A
8. D
9. D
10. B
187
11. A
12. C
188
A. Piracy
B. Mutiny
C. High Jacking
D. Robbery on the the High Seas
Answer:
1. D
2. B
3. B
4. C
5. A
6. A
7. B
8. D
9. A
10. A
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Criminal Law Review Questions 12
1. One of the following is not a crime against the law of nation.
A. Treason
B. Qualified Piracy
C. Flight to Enemy's Country
D. Arbitrary Detention
7. All of the following except one are crimes against public order.
A. Coup D' Etat
190
B. Sedition
C. Treason
D. Rebellion
Answer:
1. D
2. A
3. C
4. B
5. A
6. A
7. C
8. C
9. D
10. A
Heinous Crimes Act Of 1993 R.A. No 7659
The Crimes Punishable by death are:
1. Treason
2. Qualified Piracy
3. Qualified Bribery
191
4. Parricide
5. Murder
6. Infanticide - however,if any crime penalized in this article be
committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision
mayor in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or
either of them, the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention
8. Robbery - when by reason or on occasion of the robbery, the crime
of homicide shall have been committed, or when the robbery shall
have been accompanied by rape or intentional mutilation or arson.
9. Destructive Arson
10.Rape - a. committed with the use of deadly weapon or by two or
more persons.
b. when by reason or on the occasion of the rape, the
victim has become insane.
c. when the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof.
11.Plunder
12.Violations of Dangerous Act
13.Carnapping
General rule: the death penalty shall be imposed in all cases upon
which it must be imposed under existing laws.
Persons Liable:
1. Any person knowing that any monetary instrument or property
represents,involves or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary
instrument or property.
192
2. Any person knowing that any monetary instrument or property
involves the proceeds of any unlawful activity, performs or fail to
perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraph 1 above.
3. Any person knowing that any monetary instrument or property is
required under this act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC) fails to do so.
Unlawful Activity
1. Kidnapping for ransom
2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,
14,15,16)
3. Anti-Graft and Corrupt Practices Act (Sec.3,par.B,C,E,G,H,I)
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao punished as illegal gambling
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10.Smuggling
11.Electronic Commerce Act of 2000
12.Hijacking and Other Violation Of RA 6235,Destructive and Murder,
including those perpetrated by terrorists against non-combatants
13.Securities Regulation Code of 2000
14.Offenses of similar nature punishable by foreign penal laws.
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related to an unlawful activity or a money laundering offense.
2. No court order required for the ff: unlawful activities:
a. Kidnapping for ransom
b. Comprehensive Dangerous Drugs Act of 2002, Hijacking and
other violations of RA 6235, Destructive and Murder, including
those perpetrated by terrorists against non combatants.
Criminal Procedure
Introduction:
Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of
any criminal offense, and their punishment, in case of conviction.
It is concerned with the procedural steps through which a criminal casepasses, commencing with
the initial investigation of a crime and concluding with the unconditional release of the offender.
It is a generic term used to describe the network of laws and rules whichgovern the procedural
administration of criminal justice.
Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has three
requisites, namely:
Subject matter – cases of the general class where the proceedings in question belong as
determined by the nature of the offense and by the penalty imposed by law;
Territory – the geographical limits of the territory over which the court presides and where
the offense was committed; and
Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b) voluntary
surrender.
I. Prosecution of Offenses
How instituted?
By filing the: 1) Complaint, or 2) Information.
194
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public
officer charged with the enforcement of the law violated].
May be filed in the prosecutors office or directly to the court
Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for theoffense involved.
It must be:
1. Sufficient in form, and
2. Sufficient in substance
Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in
substance .
Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).
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the accused to move for a motion to quash on the ground that the complaint or information
charges more than one offense, under sanction of waiver and loss of ground of objection
(Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)
Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically
determines whether or not the papers are in order before giving it due course, meaning, it
satisfies itself if the complaint or information is sufficient in form and in substance.
Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest
This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive
defects (People v. Bartulay, supra).
Query:
JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense
because there was an actual threat on his person and the firing of warning shots was reasonably
necessary in order to prevent or repel the unlawful aggression directed against him. Despite this,
the fiscal went on to file the information in court. May JP claim that the information, though
sufficient in form, is defective in substance? Why?
No. JP cannot claim that the information is defective in substance. This is so because “self-
defense” is not a ground for a motion to quash but a matter of defense. If proven, self-defense is
a basis for acquittal, not dismissal.
Any explanation or defense which the defendant may want to invoke can be properly raised
during trial (Galvez v. CA, 237 SCRA 685).
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio – 1private offenses,
i.e. adultery, concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can repair to the courts
for redress [i.e. those requiring mediation at the “lupong tagapamayapa”]. However, non-
compliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the
conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not affect
the Court’s jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar,
173 SCRA 704, Bejar v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing of complaint or information, are under
the direct control of the prosecutor.
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Queries:
I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal
who found sufficient evidence against all, but, according to his determination, D was the least
guilty. So the fiscal filed the information only against A, B, and C leaving out D whom he would
utilize as state witness. Is the fiscal correct?
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a
grave abuse of discretion on the part of the court in not including D in the information because of
the prosecutors finding that there is sufficient evidence against all. There was no more necessity
to utilize D as a state witness.
Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as
a state witness and no court approval is necessary.
II. Is designation of the offense an essential element of the complaint or information? Why? Give
the exception, if any.
No. Because in case of conflict between the designation of the offense and the allegations, the
allegation prevails.
The exception is when the allegation is so ambiguous that it may be interpreted to mean either
one or another offense, then the designation of the offense is controlling (Case of US v. Dixon,
where the designation is for trespassing but the allegations indicates either trespassing or a
possible attempted rape).
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling,
betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that “the
offender himself is his own victim”.
Sec. 1, Rule 111 - When a criminal action is instituted, the civil actionfor the recovery of civil
liability is deemed instituted with the criminal action unless the offended party:
Waives the civil action;
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Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action
If the criminal action is filed after the said civil action has already been instituted, the latter shall
be suspended in whatever stage it may be found before judgments on the merits xxx.
Queries:
1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal
case for bigamy against Nobern. On 2008, X filed a civil case for annulment against Nobern on
the ground that their marriage was void ab initio for having been contracted during the
subsistence of Nobern’s prior marriage to Armie without X knowing it.
2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him
unless he marries X. On 2007, Nobern filed an annulment against X on the ground of threat and
intimidation. On 2008, Armie filed a criminal case for bigamy against Nobern upon learning of
Nobern’s marriage to X.
Note:
Prejudicial question is subject to the principle that he who comes into court must come with
clean hands. The accused cannot be permitted to use the law in order to frustrate the ends of
justice. Good faith or bad faith is important.
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III. Preliminary Investigation
Defined
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial.
When required?
Before the filing of complaint or information for an offense where the penalty prescribed by law
is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.
Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations.
Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2 official copies
1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no – dismiss. If
yes – issue subpoenas.
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and
documents – respondent submits counter affidavits.
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days –
investigating officer resolves the complaint on the basis of evidence presented by complainant.
Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within
10 days after submission of counter affidavit. No direct examinations. Questions must be
addressed to the fiscal.
IV. Arrest
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Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to
answer for the commission of an offense (Sec. 1, RRC)
2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty,
binding him to become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605)
How made:
1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:
Committed
Is actually committing an offense
Is attempting to commit
2. Hot Pursuit arrest – when an offense has Ajust been committed and Bhe has probable cause to
believe based on personal knowledge of facts or circumstances that the person arrested has
committed it.
Notes:
A. The arresting officer must have personal knowledge of the commission of the crime through
his senses. He cannot “fish” for evidence first and afterward make the arrest.
B. The term “personal knowledge” excludes hearsay as a basis for probable cause.
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C. There must first be a lawful arrest before any search may be conducted. The process cannot be
reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid
warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest – Officer may break into any building or enclosure where the person to
be arrested is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose (Sec. 11, RRC).
E. For purposes of search and seizure – he cannot break into any building or enclosure without
violating the right of privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz,
People v. Evaristo, 216 SCRA 431). 2) When there is a warrant.
3. Arrest of fugitives from justice – persons who has escaped from a penal establishment, place
of confinement etc. while serving sentence, temporarily confined, or case is still pending – may
be arrested under the theory that “he is engaged in the commission of a continuing offense”
(Parulan v. Director of Prisons, 22 SCRA 639).
Methods of Arrest:
The officer shall inform the person of: 1) the cause of the arrest
2) fact that warrant exist
Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2)
intent to arrest and cause [if person arresting is private person]
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Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife
and attacked another policeman, the arresting officer is not required to afford him a fair
opportunity for equal struggle. A police officer, in the performance of his duty, must stand his
ground and cannot, like private individual, take refuge in flight. His duty requires him to
overcome the offender (US v. Mojica, 42 Phil 784).
V. Bail
Defined:
The security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions of law.
Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction over
the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary
surrender.
Exception:
When the person under investigation cannot personally appear because he is hospitalized but
applies for bail through his counsel, he is deemed to be under the constructive custody of the law
(Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).
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Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz,
Constitutional Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis that
requires confinement to the hospital.
People v. Sison, GR 398, September 19, 1946 – humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of innocence. This is so because accusation is not
synonymous with guilt.
2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the
Commissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).
3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa,
200 SCRA 80).
4. I extradition proceedings, bail may be granted provided the accused undertake to submit
himself to the jurisdiction of the court and provided further that he is not a flight risk (Govt. of
Hong Kong v. Judge Olalia, 2007)
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,
or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC).
In all criminal prosecutions, the accused shall be entitled to the following rights:
P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of other evidence
S – peedy, impartial and public trial
A – ppeal
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Absolute certainty – ultimate truth [not required in any legal proceeding]
Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt,
conclusive presumptions]
Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of
evidence, probable cause, substantial evidence, disputable or prima facie presumptions]
Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the
prosecution. Unless guilt beyond reasonable doubt is established, the accused need not prove his
innocence.
Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of
Argumentation and Debate).
Absolute certainty is not demanded by the law to convict but only moral certainty.
Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm of the state is
mobilized against him.
An accused cannot be convicted of an offense unless it is clearly charged in the compliant or
information. Basic rule – you cannot prove what you did not allege.
3) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of judgment.
4) To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.
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Right against self incrimination:
Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on the strongest
temptation to commit perjury.
Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of
incriminating documents and articles demanded from him.
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples,
and 4others requiring a mere mechanical act on the part of the accused [Villaflor v. Summers, 41
Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S CT No.
658].
Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witness
while testifying (US v, Javier, 37 Phil 449).
7) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena
refuses to appear or refuses to produce the required documents without justifiable reasons – court
has the power to declare that person in contempt and may order his arrest. [People v. Montejo, 21
SCRA 722].
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B. The coercive powers of the court must be employed in order to give meaning to this right.
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court
(Macalintal v. Judge Teh, 280 SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of
conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.
Note: “Public trial” and “Trial by publicity” are two different things. They are not the same.
There should be a public trial, not trial by publicity.
The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid
waiver, constitutes a denial of due process guaranteed by the Constitution (Cruz, Constitutional
Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must
comply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v.
Sabellano, 198 SCRA 196)
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)
Note:
In order for the Court to “acquire” complete jurisdiction over the person of the accused,
arraignment is essential. Unless this procedure is completed, the court cannot commence trial in
absentia.
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Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea
Pre-trial Conference:
Private offended party shall be required to appear for purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence
In case of failure of the offended party to appear despite due notice – conformity of prosecutor is
sufficient for purposes of pleading guilty to a lesser offense which is necessarily included in the
offense charged.
Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly to
plead and prepare for trial. The motion shall specify the alleged defects of the complaint or
information and the details desired.
The remedy against an indictment that fails to allege the time of the commission of the offense
with sufficient definition is a Motion for Bill of Particulars and not a Motion to Quash
(Rocaberte v. People, 192 SCRA 152).
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[See discussion in: Elements of Complaint and Information, remedy in case complaint or
information is defective, supra]
Modes of discovery:
Accused has a right against the suppression of evidence favorable to an accused which is
material as to 1) guilt, or 2) as to punishment (Webb v. De Leon, 247 SCRA 653).
Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs,
US v. Bagley)
Notes:
1) Arraignment is important for notifying the accused of the cause he is required to meet. The
accused has the right to be informed of the nature and cause of the accusation against him (Borja
v. Mendoza, 77 SCRA 422).
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