INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY defined

Criminology is a body of knowledge regarding delinquency and crime as a social

phenomenon (Tradio, 1999). It may also refer to the study of crimes and criminals and
the attempt of analyzing scientifically their causes and control and the treatment of
criminals.

Criminology is a multidisciplinary study of crimes (Bartol, 1995). This means that

many disciplines are involved in the collection of knowledge about criminal action,
including, psychology, sociology, anthropology, biology, neurology, political science and
economics. But over the years, sociology, psychology, and psychiatry have dominated
the study of crime.

Sub-Fields of Criminology

Sociological Criminology – the study of crime focused on the group of people

and society as a whole. It is primarily based on the examination of the relationship of
demographic and group variables to crime. Variables such as socioeconomic status,
interpersonal relationships, age, race, gender, and cultural groups of people are probed
in relation to the environmental factors that are most conducive to criminal action, such
as time, place, and circumstances surrounding the crime.

Psychological Criminology – the science of behavior and mental processes of the

criminal. It is focused on the individual criminal behavior-how it is acquired, evoked,
maintained, and modified. Both the environmental and personality influences are
considered, along with the mental processes that mediate the behavior.

Psychiatric Criminology – the science that deals with the study of crime through
forensic psychiatry, the study of criminal behavior in terms of motives and drives that
strongly relies on the individual. (Psychoanalytic Theory - Sigmund Freud – traditional
view). It also explains that criminals are acting out of uncontrollable animalistic,
unconscious, or biological urges (modern view).

Scope of the Study of Criminology

1. Criminal Behavior or Criminal Etiology - the scientific analysis of the causes of

crime;
2. Sociology of Law - the study of law and its application;
3. Penology or Correction - the study that deals with punishment and the treatment
of criminals;

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 4. Criminalistics or Forensic Science - one more area of concern in crime detection
and investigation.

Nature of Criminology

Understanding crime is as complex as other fields of interest. It requires

therefore a systematic and balanced knowledge in the examination of why they exist. In
this sense, criminology is:

1. An Applied Science – Anthropology, psychology, sociology and other natural

sciences may be applied in the study of the causes of crime while chemistry,
medicine, physics, mathematics, etc. maybe utilized in crime detection.
2. A Social Science – Inasmuch as crime is a societal creation and that it exists in a
society, its study must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means the
progress of criminology is concordant with the advancement of other sciences
that have been applied to it.
4. Nationalistic – The study of crime must always be in relation with the existing
criminal law with in the territory.

OBJECT OF INTEREST IN CRIMINOLOGY

CRIME

In as much as the definition of crime is concerned, many field of study like law,
sociology and psychology have their respective emphasis on what crime is.

Crime may be defined as:

 An act or omission in violation of a criminal law in its legal point of view.

 An anti-social act; an act that is injurious, detrimental or harmful to the norms of
society; they are the unacceptable acts in its social definition.
 Psychologically, crime is an act, which is considered undesirable due to
behavioral maladjustment of the offender; acts that are caused by maladaptive
or abnormal behaviors.

CRIME is also a generic name that refers to offense, felony and delinquency or
misdemeanor.

 Offense – is an act or omission that is punishable by special laws ( a special law is

a statute enacted by Congress, penal in character, which is not an amendment to
the Revised Penal Code) such as Republic Acts, Presidential Decrees, Executive

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 Orders, Memorandum Circulars, Ordinances and Rules and Regulations ( Reyes,
1960)
 Felony – is an act or mission that is punishable by the Revised Penal Code, the
criminal law in the Philippines (Reyes, 1960).
 Delinquency/Misdemeanor – acts that are in violation of simple rules and
regulations usually referring to acts committed by minor offenders.

Criminological Classification of Crime

Crimes are classified in order to focus a better understanding on their existence.

Criminologists consider the following as criminological classification of crimes
(Criminology Reviewer, 1996).

 Acquisitive and Extinctive Crimes - Acquisitive Crime is one which when

committed, the offender acquires something as a consequence of his criminal
act. The crime is extinctive when the result of criminal act is destruction.
 Seasonal and Situational Crimes - Seasonal crimes are those that are committed
only at certain period of the year while situational crimes are those that are
committed only when given a situation conducive to its commission.
 Episodic and Instant Crimes - Episodic crimes are serial crimes; they are
committed by series of act within a lengthy space of time. Instant crimes are
those that are committed the shortest possible time.
 Static and Continuing Crimes - Static crimes are crimes that are committed only
in one place. Continuing crime are crimes that are committed in several places.
 Rational and Irrational Crimes - Rational crimes are those committed with
intent; offender is in full possession of his mental faculties /capabilities while
Irrational crimes are committed without intent; offender does not know the
nature of his act.
 White Collar and Blue Collar Crimes - White Collar Crimes are those committed
by a person of responsibility and of upper socio-economic class in the course of
their occupational activities. Blue Collar Crimes are those committed by ordinary
professionals to maintain their livelihood.
 Upper World and Underworld Crimes - Upper World Crimes are those
committed by individuals belonging to the upper class of society. Under World
Crime are committed by members of the lower or under privilege class of society.
 Crimes by Imitation and Crimes by Passion - Crimes by Imitation are crimes
committed by merely duplication of what was done by others. Crimes by Passion
are crimes committed because of the fit of great emotions.

 Service Crimes - Service Crime refers to crimes committed through rendition of a

service to satisfy desire of another.

Legal Classification of Crimes

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 Under the law, crimes are classified as:

 Crimes against National Security and the Law of Nations -

Example – Treason, Espionage, Piracy
 Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of Domicile
 Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
 Crimes against Public Interest.
Example – Forgery, Falsification, Fraud
 Crimes against Public Morals
Example – Gambling and betting, offences against decency and good
customs like scandals, obscenity, vagrancy, and prostitution
 Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
 Crimes against Person
Example – Murder, Rape, Physical Injuries
 Crimes against Properties
Example – Robbery, Thef
 Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and
Coercion
 Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
 Crimes against Civil Status of Persons
Example – Bigamy and Other Illegal Marriages
 Crimes against Honor
Example – Libel, Oral Defamation
 Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence

THE CRIMINAL

On the basis of the definition of crime, a criminal may be defined in three ways:

 A person who committed a crime and has been convicted by a court of the
violation of a criminal law. (legal definition)
 A person who violated a social norm or one who did an anti-social act. (social
definition)
 A person who violated rules of conduct due to behavioral maladjustment.
(psychological definition)

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 Criminological Classification of Criminals

Based on Etiology

 Acute Criminal is one who violates a criminal law because of the impulse or fit of
passion. They commit passionate crimes.
 Chronic Criminal is one who commits crime acted in consonance of deliberated
thinking. He plans the crime ahead of time. They are the targeted offenders.

Based on Behavioral System

 Ordinary Criminal is considered the lowest form of criminal in a criminal career.

He doesn’t stick to crime as a profession but rather pushed to commit crimes due
to great opportunity.
 Organized Criminal is one who associates himself with other criminals to earn a
high degree of organization to enable them to commit crimes easily without
being detected by authorities. They commit organized crimes.
 Professional Criminal is a person who is engaged in criminal activities with high
degree of skill. He is usually one who practices crime as a profession to maintain
a living.

Based on Activities

 Professional Criminals are those who practice crime as a profession for a living.
Criminal activity is constant in order to earn skill and develop ability in their
commission.
 Accidental Criminals are those who commit crimes when the situation is
conducive to its commission.
 Habitual Criminals are those who continue to commit crime because of
deficiency of intelligence and lack of self – control.

Based on Mental Attitudes

 Active Criminals are those who commit crimes due to aggressiveness.

 Passive Inadequate Criminals are those who commit crimes because they are
pushed to it by reward or promise.
 Socialized Delinquents are criminals who are normal in behavior but defective in
their socialization process or development.

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 Based on Legal Classification

 Habitual Delinquent is a person who, with in a period of ten years from the date
of his release or last conviction of the crimes of serious or less serious physical
injuries, robbery, estafa, or falsification, is found guilty of any of the said crimes
or a third time ofener.

 Recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same
title of the Revised Penal Code.

CRIMINAL BEHAVIOR

Crime in its legal definition may constitute an intentional act in violation of the
criminal law and penalized by the state a felony, offense or misdemeanor. Criminal
behavior, therefore, is an intentional behavior that violates a criminal code (Bartol,
1995).

Criminal behavior may also refer to the study of the human conduct focused on
the mental processes of the criminal: the way he behaves or acts including his activities
and the causes and influences if his criminal behavior.

VICTIMS OF CRIME

Victimology is simply the study of victims of crimes and contributory role, if any,
in crime causation. It is also the scientific process of gaining substantial amounts of
knowledge on offender characteristics by studying the nature of victims. (Schmalleger,
1997).

PENOLOGY (CORRECTION)

This is another object of interest of criminology that deals with punishment of

criminal offenders. Punishment is justified by deterrence, retribution, atonement,
societal protection, and reformation of criminals.

APPROACHES AND THEORIES OF CRIME

SUBJECTIVE APPROACHES - deals mainly on the biological explanation of crimes,

focused on the forms of abnormalities that exist in the individual criminal before, during
and afer the commission of the crime (Tradio, 1999). Included under this approach are:

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 1. Anthropological Approach – the study on the physical characteristics of an
individual offender with non-offenders in the attempt to discover differences
covering criminal behavior (Hooton).
2. Medical Approach - the application of medical examinations on the individual
criminal explain the mental and physical condition of the individual prior and
afer the commission of the crime (Positivist).
3. Biological Approach –the evaluation of genetic influences to criminal behavior. It
is noted that heredity is one force pushing the criminal to crime (Positivist).
4. Physiological Approach – the study on the nature of human being concerning his
physical needs in order to satisfy his ants. It explains that the deprivation of the
physical body on the basic needs is an important determiner of the commission if
crime (Maslow).
5. Psychological Approach – it is concerned about the deprivation of the
psychological needs of man, which constitute the development of deviations of
normal behavior resulting to unpleasant emotions (Freud, Maslow).
6. Psychiatric Approach – the explanation of crime through diagnosis of mental
diseases as a cause of the criminal behavior (Positivist).
7. Psychoanalytical Approach – the explanation of crimes based on the Freudian
Theory, which traces behavior as the deviation of the repression of the basic
drives (Freud).

OBJECTIVE APPROACHES - The objective approaches deal on the study of groups,

social processes and institutions as influences to behavior. They are primarily derived
from social sciences (Tradio, 1999). Under this are:

1. Geographic Approach – this approach considers topography, natural resources,

geographical location, and climate lead an individual to commit crime (Quetelet).
2. Ecological Approach – it is concerned with the biotic grouping of men resulting
to migration, competition, social discrimination, division of labor and social
conflict as factors of crime (Park).
3. Economic Approach – it deals with the explanation of crime concerning financial
security of inadequacy and other necessities to support life as factors to
criminality (Merton).
4. Socio – Cultural Approach – those that focus on institutions, economic, financial,
education, political, and religious influences to crime (Cohen).

THEORIES OF CRIME AND THE PIONEERS

PRE-CLASSICAL ERA

The Demonological Theory - Before the development of more scientific theories

of criminal behavior, one of the most popular explanations was Demonology (Hagan,
1990). According to this explanation individuals were thought to be possessed by good
or evil spirits, which caused good or evil behavior. The theory maintains that criminal

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behavior was believed to be the result of evil spirits and demons something of natural
force that controls his/her behavior. Centuries ago, Guilt and innocence were established
by a variety of procedures that presumably called forth the supernatural allies of the
accused. The accused were innocent if they could survive an ordeal, or if miraculous
signs appeared. They were guilty if they died at stake, or if omens were associated with
them (Bartol, 1995). Harsh punishments were also given.

PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)

In the eighteenth century, criminological literature, whether psychological,

sociological, or psychiatric in bent, has traditionally been divided into three broad
schools of thought about the causes of crime: the classical, neo-classical and the
positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real name is
Cesare Bonesara Marchese de Beccaria together with Jeremy Bentham (1823) who
proposed “Utilitarian Hedonism”, the theory, which explains that a person always acts in
such a way as to seek pleasure and avoid pain.

Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his key
ideas on the abolition of torture as a legitimate means of extracting confessions. The
Classical theory maintains that man is essentially a moral creature with absolute free will
to choose between good and evil therefore tress is placed upon the criminal himself;
that every man is responsible for his act. Freewill (Beccaria) – a philosophy advocating
punishment severe enough for people to choose, to avoid criminal acts. It includes the
belief that a certain criminal act warrants a certain punishment without any punishment
without any variation. Hedonism (Bentham) – the belief that people choose pleasure
and avoid pain.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or circumstances

that made it impossible to exercise freewill are reasons to exempt the accused from
conviction. This school of thought maintains that while the classical doctrine is correct in
general, it should be modified in certain details, that children and lunatics should not be
regarded as criminals and free from punishment, it must take into account certain
mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

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 It maintained that crime as any other act is a natural phenomenon and is
comparable to disaster or calamity. That crime as a social and moral phenomenon which
cannot be treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures. Cesare Lombroso and his two
students, Enrico Ferri and Rafaele Garofalo advocated this school.

Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist school of
criminology, was criticized for his methodology and his attention to the biological
characteristics of offenders, but his emphasis on the need to study offenders
scientifically earned him the “father of modern criminology.” His major contribution is
the development of a scientific approach to the study of criminal behavior and to reform
the criminal law. He wrote the essay entitled “CRIME: Its Causes and Remedies” that
contains his key ideas and the classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the belief that
being criminal behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great emotions
like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less physical stamina/self self
control.
5. Occasional Criminal – are those who commit crime due to insignificant reasons
that pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His
greatest contribution was his attack on the classical doctrine of free will, which argued
that criminals should be held morally responsible for their crimes because they must
have made a rational decision to commit the crime.

Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an Italian

nobleman, magistrate, senator, and professor of law. Like Lombroso and Ferri, he
rejected the doctrine of free will and supported the position that the only way to
understand crime was to study it by scientific methods. Influenced on Lombroso’s theory
of atavistic stigmata (man’s inferior/ animalistic behavior), he traced the roots of criminal
behavior not to physical features but to their psychological equivalents, which he called
“moral anomalies”.

The Classical and Positivist School Compared

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 Classical School Positivist School

 Legal definition of crime  No to legal definition

 Punishment fit the crime  Punishment fit the
 Doctrine of free will criminal
 Death penalty allowed  Doctrine of
 No empirical research determinism
 Definite sentence  Abolition of death
penalty
 Inductive method
 Indeterminate
sentence

EARLY TWENTIETH CENTURY THEORIES

1. David Emile Durkheim (French, 1858 - 1917) - He advocated the “Anomie

Theory”, the theory that focused on the sociological point of the positivist
school, which explains that the absence of norms in a society provides a setting
conductive to crimes and other anti-social acts. According to him, the
explanation of human conduct lies not in the individual but in the group and the
social organization.

2. Sigmund Freud (1856 - 1969) - Psychologists have considered a variety of

possibilities to account for individual differences – defective conscience,
emotional immaturity, inadequate childhood socialization, maternal deprivation,
and poor moral development. The Freudian view on criminal behavior was
based on the use of Psychology in explaining an approach in understanding
criminal behavior – the foundation of the Psychoanalytical theory.

3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the scientific
method in explaining criminality but he is a sociologist. He advocated the
“Human Ecology Theory”. Human Ecology is the study of the interrelationship of
people and their environment. This theory maintains that crime is a function of
social change that occurs along with environmental change. It also maintains that
the isolation, segregation, competition, conflict, social contract, interaction and
social hierarchy of people are the major influences of criminal behavior and
crimes.

MIDDLE TWENTIETH CENTURY

1. Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was originated

from the work of a German Psychiatrist, Ernest Kretschmer, who distinguished
three principal types of physique as:

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 a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium to tall, strong, muscular, course bones
c. Pyknic – medium height, rounded figure, massive neck, broad face

Kretschmer related these body physique to various pychotic behavioral

patterns: Pyknic to manic depression, asthenics and athletics to schizophrenia.

2. William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the Somatotype

School of Criminology, which related body built to behavior. He became popular
of his own Somatotyping Theory. His key ideas are concentrated on the principle
of “Survival of the Fittest” as a behavioral science. He combines the biological
and psychological explanation to understand deviant behavior. Sheldon’s
“Somatotyping Theory” maintains the belief of inheritance as the primary
determinants of behavior and the physique is a reliable indicator of personality.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of sof, roundness

through out the regions of the body. They have low specific gravity.
Persons with typically relaxed and comfortable disposition.
b. Mesomorphy – athletic type, predominance of muscle, bone and
connective tissue, normally heavy, hard and firm, sting and tough. They
are the people who are routinely active and aggressive, and they are the
most likely to commit crimes.
c. Ectomorphy – thin physique, flat chest, delicacy through the body,
slender, poorly muscled. They tend to look more fatigue and withdrawn.

3. Edwin Sutherland (1883 - 1950) - Sutherland has been referred to as “the most
important criminologist of the twentieth century” because his explanation about
crime and criminal behavior can be seen as a corrected extension of social
perspective. For this reason, he was considered as the “Dean of Modern
Criminology.” He said that crime is learned and not inherited.

He advocated the DAT – Differential Association Theory, which maintain that the
society is composed of different group organization, the societies consist of a
group of people having criminalistic tradition and anti-criminalistic tradition. And
that criminal behavior is learned and not inherited. It is learned through the
process of communication, and learning process includes technique of
committing the crime, motive and attitude.

4. Walter Reckless (1899 - 1988) - The Containment Theory assumes that for every
individual there exists a containing external structure and a protective internal
structure, both of which provide defense, protection or insulation against crime
or delinquency. According to Reckless, the outer structure of an individual are

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 the external pressures such as poverty, unemployment and blocked
opportunities while the inner containment refers to the person’s self control
ensured by strong ego, good self image, well developed conscience, high
frustration tolerance and high sense of responsibility. (Adler, 1995)

5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the
proponents of the Social Class Conflict and Capitalism Theory. Marx and Engel
claim that the ruling class in a capitalist society is responsible for the creation of
criminal law and their ideological bases in the interpretation and enforcement of
the laws. All are reflected in the ruling class, thus crime and delinquency are
reflected on the demoralized surplus of population, which is made up of the
underprivileged usually the unemployed and underemployed. Willem Bonger, a
Marxist-Socialist, on the other hand, placed more emphasis on working bout
crimes of economic gain. He believes that profit -motive of capitalism generates
an egoistic personality. Hence, crime is an inevitable outcome.

LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS

1. Robert King Merton (1910) - Robert Merton is the premier sociologist of the
modern days who, afer Durkheim, also related the crime problem to anomie. He
advocated the Strain Theory, which maintains that the failure of man to achieve
a higher status of life caused them to commit crimes in order for that status/goal
to be attained. He argued that crime is a means to achieve goals and the social
structure is the root of the crime problem. Merton’s explanation to criminal
behavior assumes that people are law abiding but when under great pressure
will result to crime.

2. Albert Cohen (1918) - He advocated the Sub-Culture Theory of Delinquency.

Cohen claims that the lower class cannot socialize effectively as the middle class
in what is considered appropriate middle class behavior. Thus, the lower class
gathered together share their common problems, forming a subculture that
rejects middle class values. Cohen called this process as reaction formation.
Much of this behavior comes to be called delinquent behavior; the subculture is
called a gang and the kids are called delinquents. He put emphasis on the
explanation of prevalence, origins, process and purposes as factors to crime.

3. Gresham Sykes (1922) - He advocated the Neutralization Theory. It maintains

that an individual will obey or disobey societal rules depending upon his or her
ability to rationalize whether he is protected from hurt or destruction. People
become law abiding if they feel they are benefited by it and they violate it if
these laws are not favorable to them.

4. Lloyd Ohlin (1928) - He advocated the DOT – Differential Opportunity Theory.

This theory explained that society leads the lower class to want things and

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 society does things to people. He claimed that there is differential opportunity,
or access, to success goals by both legitimate and illegitimate means depending
on the specific location of the individual with in the social structure. Thus, lower
class groups are provided with greater opportunities for the acquisition of
deviant acts.

5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) - They are the
advocates of the Labeling Theory – the theory that explains about social reaction
to behavior. The theory maintains that the original cause of crime cannot be
known, no behavior is intrinsically criminal, and behavior becomes criminal if it is
labeled as such.

6. Earl Richard Quinney (1934) – He was a Marxist criminologist who advocated the
Instrumentalist Theory of capitalist rule. He argued that the state exist as a
device for controlling the exploited class – the class that labors for the benefit of
the ruling class. He claims that upper classes create laws that protect their
interest and at the same time the unwanted behavior of all other members of
society. Quinney major contribution is that he proposed the shif in focus from
looking for the causes of crime from the individual to the examination of the
Criminal Justice System for clues.

OTHER THEORISTS

1. Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he claimed

that humans, like other animals, are parasite. Man is an organism having an
animalistic behavior that is dependent on other animals for survival. Thus, man
kills and steals to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in England
who accepted the Lombroso’s challenge that body physique is a determinant to
behavior. Goring concluded that there is no such thing a physical chemical type.
He contradicted the Lombroso’s idea that criminality can be seen through
features alone. Nevertheless, Goring accepted that criminals are physically
inferior to normal individuals in the sense that criminals tend to be shorter and
have less weight than non-criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist who reexamined the

work of Goring and found out that “Tall thin men tend to commit forgery and
fraud, undersized men are thieves and burglars, short heavy person commit
assault, rape and other sex crimes; where as mediocre (average) physique
flounder around among other crimes.” He also contended that criminals are
originally inferior; and that crime is the result of the impact of environment.

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 4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician who
pioneered Cartography and the Carthographical School of Criminology that
placed emphasis on social statistics. He discovered, basing on his research, that
crimes against persons increased during summer and crimes against property
tends to increase during winter.

HISTORICAL TIMELINE OF THE THEORIES

The history of criminology dates back from the works of criminological thinkers
or theorists in criminology. The origins of criminology are usually located in the late-
eighteenth-century writings of those who sought to reform criminal justice and penal
systems that they perceived as cruel, inhumane, and arbitrary. These old systems
applied the law unequally, were subject to great corruption, and ofen used torture and
the death penalty indiscriminately.

THEORY
Demonology (5,000 BC-1692 AD)
Astrology (3500 BC-1630 AD)
Theology (1215 BC-present)
Medicine (3000 BC -present)
Education (1642-present)
Psychiatry (1795-present)
Psychoanalysis (1895-present)
Classical School of Criminology
(1690--)
Positive School of Criminology
(1840--)
Phrenology (1770-1875)
Cartography (1800-present)
Mental Testing (1895-present)
Osteopathy (1892-present)
Chiropractics (1895-present)
Imitation (1843-1905)
Economics (1818-present)
Case Study Approach (1909-present) Emotional/social development
Social Work (1903-present)
Sociology (1908-present)
Castration (1907-1947)
Ecology (1927-present)
MOTIVE
Demonic Influence
Zodiac/Planetary Influence
God's will
Natural illness
Academic underachievement/bad
teachers
Mental illness
Subconscious guilt/defense mechanisms
Free will/reason/hedonism
Determinism/beyond control of individual
Bumps on head
Geographic location/climate
Feeble-mindedness/retardation/low IQ
Abnormalities of bones or joints
Misalignment of spine/nerves
Mind on mind crowd influences
Poverty/economic need/consumerism
Community/individual relations
Social/environmental factors
Secretion of androgen from testes
Relation of person with environment

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 Transexualism (1937-1969)
Psychosurgery (1935-1959)
Culture Conflict (1938-1980)
Differential Association (1939-
present)
Anomie (1938-present)
Differential Opportunity (1961-
present)
Alienation (1938-1975)
Identity (1942-1980)
Identification (1950-1955)
Containment (1961-1971)
Prisonization (1940-1970)
Gang Formation (1927-present)
Behavior Modification (1938-1959)
Social Defense (1947-1971)
Guided Group Interaction (1958-1971) Absence of self-responsibility/discussion
Interpersonal Maturity (1965-1983) Unsocialized, subcultural responses
Sociometry (1958-1969)
Dysfunctional Families (1958-present) Members “feed off” other’s neurosis
White-collar Crime (1945-present)
Control Theory (1961-present)
Strain Theory (1954-present)
Subcultures (1955-present)
Labeling Theory (1963-1976)
Neutralization (1957-1990)
Drif (1964-1984)
Reference Groups (1953-1978)
Operant Conditioning (1953-1980)
Reality Therapy (1965-1975)
Gestalt Therapy (1969-1975)
Transactional Analysis (1961-1974)
Learning Disabilities (1952-1984)
Biodynamics (1955-1962)
Nutrition and Diet (1979-present)
Metabolism (1950-1970)
Biofeedback (1974-1981)
janog
Trapped in body of wrong sex
Frontal lobe dysfunction/need lobotomy
Conflict of customs from “old” country
Learning from bad companions
State of normlessness/goal-means gap
Absence of legitimate opportunities
Frustration/feeling cut off from others
Hostile attitude/crisis/sense of sameness
Making heroes out of legendary criminals
Outer temptation/inner resistance balance
Customs and folkways of prison culture
Need for acceptance, status, belonging
Reward/Punishment Programming
Sof targets/absence of crime prevention
One’s place in group network system
Cutting corners/bordering on illegal
Weak social bonds/natural predispositions
Anger, relative deprivation, inequality
Criminal values as normal within group
Self-fulfilling prophecies/name-calling
Self-talk, excuses before behavior
Sense of limbo/living in two worlds
Imaginary support groups
Stimuli-to-stimuli contingencies
Failure to face reality
Perception of small part of "big picture"
No communication between inner parent-
adult-child
School failure/relying on "crutch"
Lack of harmony with environment
Imbalances in mineral/vitamin content
Imbalance in metabolic system
Involuntary reactions to stress
15
 Biosocial Criminology (1977-1989) Environment triggers inherited "markers"
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-present) Structural barriers to class interests
Critical Criminology (1973-present) Segmented group formations
Radical Criminology (1976-present) Inarticulation of theory/praxis
Lef Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) Errors of thinking
Criminal Pathways Theory (1979-
Critical turning/tipping points in life events
present)
Feminism (1980-present) Patriarchial power structures
Low Self Control Theory (1993-
Impulsiveness, Sensation-seeking
present)
General Strain Theory (1994-present) Stress, Hassles, Interpersonal Relations

CRIMES OF THE MODERN WORLD

The crimes in the modern world represent the latest and the most dangerous
manifestations of the something-for-nothing-complex problems of society. This includes
Organized Crimes, White-Collar Crimes, Conventional Cries, Victimless Crimes and the
so-called Transnational Crimes. The transnational character of many crimes in this
modern world, although not new, has not been fully recognized until recently. Crime was
traditionally viewed as a purely domestic law enforcement issue and, therefore, treated
and addressed as an exclusive concern of individual states. As such crimes, being a new
threat to domestic and international interest and security, has given recognition to be
known as Transnational Crimes.

Transnational crime is an offense that has an international dimension and

implies crossing at least one national border before, during or afer the fact. This include
but not limited to illegal drug trafficking, money laundering, terrorism, arm smuggling,
piracy, kidnapping, trafficking in persons, and cyber crimes. Most of these crimes falling
under this category reflect connection with organized and white-collar criminals.

ORGANIZED CRIMES

An organized Crime is a criminal activity by an enduring structure or organization

developed and devoted primarily to the pursuit of profits through illegal means. It is
sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATE” or the “COSA NOSTRA”,
which are known as “the enemy with in”, “the 2nd government“, “the 5 th estate” or the
“crime confederation.”

The term Cosa Nostra (literally means “one thing”) or mafia is use to signify
organized crimes, and one of the varieties names for either mob or syndicate. A strict

janog 16
code of conduct governs their behavior called the “Omerta” – the mafia’s code of
secrecy, and informal, unwritten code of organized crime, which demand silence and
loyalty, among other thing, of family members. (Abandinsky, 1991). Whatever be the
name, the organization is known to be formal, with division of labor, with coordination
of activities through rules and codes and with allocation of task in order to achieve
illegitimate goals. The organization seeks profit from crimes and tries to prevent itself
from threats, prosecution, and even punishment from legal authorities.

Criminal organizations keep illegal actions secret, and members communicate by

word of mouth, therefore police will never be able to trace phone calls or letters. Many
organized crime operations have legal fronts, such as licensed gambling, building
construction, and trash hauling, or which operate in parallel with and provide cover for
drug trafficking, money laundering, prostitution, extortion, murder for hire, hijacking,
fraud, and insider trading. Other criminal operations engage in human trafficking,
political corruption, black marketeering, political violence, racist and religiously
motivated violence, terrorism, abduction, prison break and crimes against humanity.

In order for a criminal organization to prosper, some degree of support is

required from the society in which it lives. Thus, it is ofen necessary to corrupt some of
its respected members, most commonly achieved through bribery, blackmail, and the
establishment of symbiotic relationships with legitimate businesses. Judicial and police
officers and legislators are especially targeted for control by organized crime via bribes.

Globalization occurs in crime as much as it does in business. Criminal

organizations easily cross boundaries between countries. This is especially true of
organized groups that engage in human trafficking. The newest growth sectors for
organized crime are identity thef and online extortion. These activities are troubling
because they discourage consumers from using the Internet for e-commerce. E-
commerce was supposed to level the playing ground between small and large
businesses, but the growth of online organized crime is leading to the opposite effect;
large businesses are able to afford more bandwidth (to resist denial-of-service attacks)
and superior security. Furthermore, organized crime using the Internet is much harder
to trace down for the police (even though they increasingly deploy cybercops) since
police forces and law enforcement agencies in general operate on a national level while
the Internet makes it even more simple for criminal organizations to cross boundaries
and even to operate completely remotely.

Organized Crime Families

Perhaps the best-known criminal organizations are the Sicilian and American
Cosa Nostra, most commonly known as the Mafia. The Neopolitan Camorra, the

janog 17
Calabrian 'Ndrangheta, and the Apulian Sacra Corona Unita are similar Italian organized
crime groups.

Other notable groups include the Colombian drug cartels, the Mexican drug
cartels, The Irish Mob, the Japanese Yakuza, the Chinese Triads, the Russian Mafia, the
Mexican Mafia, the Indian Mafia, the Bulgarian Mafia, the Chechen mafia, the Brazilian
Comando Vermelho (CV) and Primeiro Comando da Capital (PCC), and the Central
American Mara Salvatrucha (MS-13). Prisoners may also be involved in criminal
organizations. Many terrorist groups, such as Hezbollah, Al Qaeda, the Provisional IRA
and the Ulster Defence Association also engage in criminal activity such as trafficking and
money laundering as well as terrorism.

World leaders throughout history who have been accused of running their
country like a criminal organization include Adolf Hitler, Joseph Stalin, Mao Zedong,
Augusto Pinochet, Idi Amin, Mobutu Sese Seko, Nicolae Ceauşescu, Francisco Franco,
Hugo Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir Putin, Silvio Berlusconi,
Alberto Fujimori (in league with his advisor Vladimiro Montesinos), Senior General Than
Shwe of Burma and various other dictators and military juntas. Corrupt political leaders
may have links to existing organized crime groups, either domestic or international, or
else may simply exercise power in a manner that duplicates the functioning and purpose
of organized crime.

In the past, criminal organizations have naturally limited themselves by their

need to expand. This has put them in competition with each other. This competition,
ofen leading to violence, uses valuable resources such as manpower (either killed or
sent to prison), equipment and finances. The Irish Mob boss of the Winter Hill Gang (in
the 1980s) turned informant for the FBI. He used this position to eliminate competition
and consolidate power within the city of Boston which led to the imprisonment of
several senior organized crime figures including Gennaro "Jerry" Anguilo underboss of
the Patriarca crime family. Infighting sometimes occurs within an organization, such as
the Castellamarese war of 1930-31 and the Irish Mob Wars of the 1960s and 70s.

Today criminal organizations are increasingly working together, realizing that it is

better to work in cooperation rather than in competition with each other. This has led to
the rise of global criminal organizations such as Mara Salvatrucha. The Sicilian Mafia in
the U.S. have had links with organized crime groups in Italy such as the Camorra, the
'Ndrangheta and the Sacra Corona Unita. The Sicilian Mafia has also been known to work
with the Irish Mob (John Gotti of the Gambino family and James Coonan of the Westies
are known to have worked together, with the westies operating as a contract hit squad
for the Gambino family afer they helped Coonan come to power) , the Japanese Yakuza
and the Russian Mafia.

janog 18
How the Organized Crime Group Works?

For the organization to work there must be:

1. An Enforcer – one who make arrangements for killing and injuring (physically,
economically, psychologically) the members or non-members.

2. A Corrupter – one who bribes, buys, intimidates, threatens, negotiates, and

“sweet talks” into a relationship with the police, public officials or any else who
might help the members security and maintain immunity from arrest,
prosecution and punishment.

3. A Corruptee – a public official, usually not a member of the organization family,

who can wield influence on behalf of the organization’s interest.

Sources of Illegal Profit

The organization gains from goods and services that are of great demand by the
society but are prohibited by law. It includes but not limited to most victimless crimes
such as illegal drugs, alcohol, gambling, pornography, and including bank fraud, extortion
or racketeering and others.

Characteristics of Organized Crimes

1. It is a conspiracy activity involving coordination of members.

2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

1. Political Graf – manned by political criminals (Political Graf), who use of force
and violence of a means to obtain profit or gain, and or achieving political aims
or ambitions. An example of this is vote buying, and the employment of private
armies to control a certain political area.

2. The Mercenary/Predatory Organized Crime – crimes committed by groups for

direct personal profit but prey upon unwilling victims. Example:
extortionist/racketeer

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 3. In – Group Oriented Organized Crime – groups manned by semi organized
individual whose major goals are for psychological gratification such as
adolescent gangs. Example: Motorcycle Gangs

4. Syndicated Crime – the organization that participates in illicit activity in society by

the use of force, threat, or intimidation. The group with a formal structure –
whose purpose is to provide elicit services, which are in strong public demand
through the use of secrecy on the part of the associates. There is assurance of
protection necessary for its operations through political corruption or avoidance
of prosecution.

Essential Composition of Organized Crime

Organized crime needs professional criminals to successfully operate in the

organization. Professional crimes refer to occupations or their incumbents, which
possesses various traits including useful knowledge that requires lengthy training,
service orientation and code of ethics that permits occupations to attempt to obtain
autonomy and independence with high prestige and remuneration.

Characteristics of Professional Crimes (Sutherland)

1. Crime is a sole means of livelihood.

2. Careful planning and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior, and
mutual specialized language.

Criminological Types of Organized Crimes

1. Traditional Crime Syndicates.

2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime

Controlling Organized Crimes

Organized crimes can be controlled through: Law Enforcement Effort,

Organization of Anti-Organized Crime measures, Community Awareness and
Cooperation

Philippine Center for Transnational Crime

janog 20
 In response to organized criminal activities, the Philippine government has
instituted programs and projects to address these threats to national and international
interest and security. It has created the Philippine Center on Transnational Crime (PCTC)
(E.O. No.62 s1999) to establish a shared central database among concerned agencies for
information on criminals, methodologies, arrests, and convictions on transnational crime
in all its forms. Apart from this, the Center is mandated to discharge the following:

1. Supervise and control conduct of anti-transnational crime operations of all

government agencies and instrumentalities:
2. Establish a central database on national as well as international legislations and
jurisprudence on transnational crime, with the end in view of recommending
measures to strengthen responses and provide immediate intervention for the
prevention, detection and apprehension of criminals operating in the country;
3. Establish a center for strategic research on the structure and dynamics of
transnational crime, predict trends and analyze relationships of given factors for
the formulation of strategies to combat the same;
4. Design programs and projects aimed at enhancing national capacity-building in
combating transnational crime, as well as supporting the related programs and
projects of other ASEAN and international centers; and
5. Explore and coordinate information exchanges and training with other
government agencies, foreign countries and international organizations involved
in containing and eliminating transnational crime.

Executive Order No. 100 s1999

To further strengthen the operational, administrative and information support

system of the PCTC, E.O. No. 100 s1999 empowered the Center to exercise general
supervision and control over the following:

1. Loop Center of the National Action Committee on Anti-Hijacking and Terrorism

(NACAHT) whose primary mission is to assist and support the NACAHT in
integrating and orchestrating the efforts of all law enforcement agencies against
international and domestic terrorism;
2. International Criminal Police Organization ICPO-INTERPOL NCB-Manila which has
been reconstituted to serve as the national liaison office and main coordinating
body for international police cooperation against transnational crime;
3. Police Attachés of the Philippine National Police (PNP); and
4. Political Attachés/ Counselors for Security Matters of the Department of the
Interior and Local Government (DILG)

WHITE COLLAR CRIMES

janog 21
 Edwin Sutherland defined white-collar crime as criminal acts committed by a
person of respectability and high social status in the course of his or her occupation.

Forms of White Collar Crimes

1. Corporate crimes - the violation of a criminal statute either by a corporate entity

or by its executives, employees or agents, acting on behalf of and for the benefit
of the corporation, partnership or other business entity.
2. Environmental crimes - violation of criminal law which, although typically
committed by businesses or by business officials, may also be committed by
other persons or organizational entities, and which damage some protected or
otherwise significant aspect of the natural environment.
3. Occupational crimes - any act punishable by law, which is committed through
opportunity created in the course of an occupation that is legal.

 Organizational Occupational Crime - crimes committed for the benefit of

the entire organization in such instances only the organization or the
employer, not individual employees.
 State Authority Occupational Crime - crimes by officials through the
exercise of their state-based authority. Such crime is occupation specific,
and can only be committed by person in public office or by working for
such persons.
 Professional Occupational Crime - crimes by professionals in their
capacity as professionals. The crimes of physicians, attorneys,
psychologists, and the like are included here.
 Individual Occupational Crime - crimes by individuals as individuals which
include income tax evasion, thef of goods and services by employees, the
filing of false expense report, and the like.

Occupational crimes also refer to:

 White-collar crime (Sutherland)

 Avocational crime - committed by one who does not think for himself as criminal
and whose major source of income is something other than crime.
 Corporate crime - committed by corporate officials for their corporations and the
offenses of the corporation and the offenses of the corporation itself.
 Economic crime - illegal activity that principally involves deceit,
misrepresentation, concealment, manipulation, breach of trust and illegal
circumvention.
 Organizational crime - illegal actions taken in accordance with operative
organizational goals that seriously harm employees or the general public.

janog 22
  Upper-world crime - law-breaking acts, committed by those who, due to their
positions in the structure, have obtained specialized kinds of occupational slots
essential for the commission of these offenses.

Types and Schemes of White Collar Crimes

1. Bank Fraud: To engage in an act or pattern of activity where the purpose is to

defraud a bank of funds.
2. Blackmail: A demand for money or other consideration under threat to do bodily
harm, to injure property, to accuse of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or anything else of value is
offered with intent to influence the actions, opinions, or decisions of the taker.
You may be charged with bribery whether you offer the bribe or accept it.
4. Cellular Phone Fraud: The unauthorized use, tampering, or manipulation of a
cellular phone or service. This can be accomplished by either use of a stolen
phone, or where an actor signs up for service under false identification or where
the actor clones a valid electronic serial number (ESN) by using an ESN reader
and reprograms another cellular phone with a valid ESN number.
5. Computer fraud: Where computer hackers steal information sources contained
on computers such as: bank information, credit cards, and proprietary
information.
6. Counterfeiting: Occurs when someone copies or imitates an item without having
been authorized to do so and passes the copy off for the genuine or original
item. Counterfeiting is most ofen associated with money however can also be
associated with designer clothing, handbags and watches.
7. Credit Card Fraud: The unauthorized use of a credit card to obtain goods of
value.
8. Currency Schemes: The practice of speculating on the future value of currencies.
9. Embezzlement: When a person who has been entrusted with money or property
appropriates it for his or her own use and benefit.
10. Environmental Schemes: The over billing and fraudulent practices exercised by
corporations which purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains property from another by
actual or threatened force, fear, or violence, or under cover of official right.
12. Forgery: When a person passes a false or worthless instrument such as a check
or counterfeit security with the intent to defraud or injure the recipient.
13. Health Care Fraud: Where an unlicensed health care provider provides services
under the guise of being licensed and obtains monetary benefit for the service.
14. Insider Trading: When a person uses inside, confidential, or advance information
to trade in shares of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of activity wherein one obtains
proceeds from an insurance company through deception.
16. Investment Schemes: Where an unsuspecting victim is contacted by the actor
who promises to provide a large return on a small investment.

janog 23
 17. Kickback: Occurs when a person who sells an item pays back a portion of the
purchase price to the buyer.
18. Larceny/Thef: When a person wrongfully takes another person's money or
property with the intent to appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of money from racketeering, drug
transactions or other embezzlement schemes so that it appears that its original
source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for personal profit.
21. Securities Fraud: The act of artificially inflating the price of stocks by brokers so
that buyers can purchase a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms and place telephone
calls to residences and corporations where the actor requests a donation to an
alleged charitable organization or where the actor requests money up front or a
credit card number up front, and does not use the donation for the stated
purpose.
24. Welfare Fraud: To engage in an act or acts where the purpose is to obtain
benefits (i.e. Public Assistance, Food Stamps, or Medicaid) from the State or
Federal Government.
25. Weights and Measures: The act of placing an item for sale at one price yet
charges a higher price at the time of sale or short weighing an item when the
label reflects a higher weight.
26. Advanced Fee Schemes: Actor induces victim to give him some type of advanced
fee in return for a future benefit. The future benefit never occurs and victim
never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating that the newspaper
stand cannot change his one hundred dollar bill and asks the victim for change.
Victim provides actor with the change, actor returns to the store to get the one
hundred dollar bill back, however, never returns to victim.
28. Auto Repair: Actor hangs out around an auto repair shop and approaches victims
who leave afer getting estimates. Actor claims to do work off duty at a very low
cost. Once actor has the car, inferior work is completed and victim cannot get the
return of the car until the very high bill is paid.
29. Check Kiting: A bank account is opened with good funds and a rapport is
developed with the bank. Actor then deposits a series of bad checks but prior to
their discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts of coupons and
redeem them to manufacturers when in fact merchandise was never sold.
31. Directory Advertising: Actor either impersonates sales person from a directory
company like the yellow pages or fraudulently sells advertising which the victim
never receives.
32. Fortune Telling: Actor advises victim that victim is cursed. Actor advises victim
that the curse must be removed. Actor advises that she must meditate to the

janog 24
 spirits and will require payment. Over a period of time, victim pays fortune teller
thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In order to remove the curse,
the money must be placed into a bag or box that the actor provides. The bag or
box is switched. Actor advises victim to perform certain rituals over the money
and the curse will be removed. The bag or box cannot be opened for a period of
time when it is opened, the money is gone.
34. Home Improvement: Actor approaches a home owner with a very low estimate
for a repair or improvement. Inferior or incomplete work is performed. Once the
repairs are completed, actor intimidates the victim to pay a price much greater
than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior equipment such as tools
at high prices.
36. Jamaican Switch: Actor #1 approaches a victim looking for the address of a
prostitute. Actor #1 shows a large sum of money to the victim. Actor #2 arrives
and tells Actor #1 where he can find the prostitute but cautions on taking all the
money as the prostitute might rob him. Actor #1 asks the victim to hold the
money for him. Actor #1 puts his money into a handkerchief with the victim’s
money. Actor #1 shows the victim how to hide the money under his arm, inside
his shirt while switching handkerchiefs. Victim takes the handkerchief and the
parties split up, however, Actor #1 leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land in some type of
retirement development which does not exist.
38. Odometer Fraud: Unscrupulous used car salesman purchased used cars and
turns back the odometers. The used car is sold at a higher price due to its low
mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both Actor #1 and
victim a "found" package containing a large amount of cash. Actor #1 insists that
the found money be divided equally but only afer each person puts up his own
money to demonstrate good faith. All the money is put in one package and the
package is later switched.
40. Police Impersonation: Actor tells victim that his bank is being operated by
fraudulent bank officers. Actor instructs victim to take money out of bank and
place it into a good bank. Afer the money is withdrawn, the actor allegedly takes
the money to the police station for safe keeping. The victim never sees the
money again.
41. Ponzi: An investment scheme where the actor solicits investors in a business
venture, promising extremely high financial returns or dividends in a very short
period of time. The actor never invests the money, however, does pay dividends.
The dividends consist of the newest investors funds. The first investors, pleased
to receive dividends, encourage new investors to invest. This scheme falls apart
when the actor no longer has sufficient new investors to distribute dividends to
the old investors or the actor simply takes all the funds and leaves the area.

janog 25
 42. Pyram id: An investment fraud in which an individual is offered a distributorship
or franchise to market a particular product. The promoter of the pyramid
represents that although marketing of the product will result in profits, larger
profits will be earned by the sale of franchises. For example, if a franchise price is
P10, 000.00, the seller receives P3, 500.00 for every franchise sold. Each new
franchise purchaser is presented with the same proposal so that each franchise
owner is attempting to sell franchises. Once the supply of potential investors is
exhausted, the pyramid collapses. Many times, there are no products involved in
the franchise, simply just the exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series of money exchanges
and in the end, is short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three walnut shells or bottle
caps. Actor #1 moves the caps around and shows victim the cap with the pea
under it. With the encouragement of another player, also Actor #2, victim places
larger and larger bets as to which cap contains the pea. The game is ended by
Actor #1 when the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities employees by wearing
jumpsuits with name tags. Actor approaches victim with story about a gas leak or
electrical surge to gain entry to the home. Valuables are taken by actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions at an extremely low
cost due to his connections. Victim pays for the VCR or television only to discover
that the box has been filled with rocks.
47. West African Investment Scams: Actors target businesses and obtain business'
bank account information from which all funds are later withdrawn.

Dealing with White-Collar Crimes

Gary Green pointed out that professional criminals would probably continue to
enjoy immunity from prosecution. Hence, they are unlikely to be deterred by sanction or
threat and are unlikely to be formally disqualified by their professional organizations.
They will there fore feel free and are free to continue or begin their activities
(Schmallenger, 1999). James W. Coleman suggests four areas of reform, which white-
collar crime might be effectively addressed:

1. Ethical Reforms - reform include such things as working to establish stronger and
more persuasive codes of business ethics. Courses in ethical businesses might be
offered in universities, and corporations could school their employees in right
livelihood.

2. Enforcement Reforms - reform center on the belief that white-collar criminals

must be severely published, but also include such things as better funding for

janog 26
 enforcement agencies dealing with white-collar crime, and insulation of
enforcement personnel from undue political violations.

3. Structural Reforms - involve basic changes in corporate structure to make white-

collar crime more difficult to commit such as selective nationalization of firms
that have long records of criminal violations.

4. Political Reforms - focus on eliminating campaign contributions from

corporations and businesses, but also include the level of fairness in determining
government grants and contracts, the government must serve as a police itself.
This includes the enforcement of laws and the regulation of the activities of
elected officials and administrative personnel.

THE CONVENTIONAL CRIMES

Conventional crimes are those traditional, illegal behaviors that most people
think of as crime. Most crime is conventional crime. Non-conventional crime may be
organized crime, white-collar crime, political crime, etc. Conventional crimes are groups
of crimes categorized as violent crimes (index crimes) and property crimes. It has been
argued that cyber crime is just a conventional crime committed with high-tech devices.

Violent Crimes - Violent crimes are criminal acts, which in the threat of or actual
physical harm by an offender to a victim. It presents not only index offenses that every
one recognizes as violent (murder, rape, robbery) or other acts involving force and
intimidation but also “violent crimes” that are commonly categorized as “social
problem” such as domestic violence, child abuse, elder abuse, etc.

Violent acts are in the forms of:

1. Interpersonal Violence - Forcible Rape. Murder, Serious Assault, Family

Violence, Robbery
2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban Violence

Property Crimes - are crimes of economic interest. It includes those crimes that
would most commonly be categorized as thef in ordinary language. It also includes but
not limited to offenses such as unlawful entry to commit thef, shoplifing, vandalism,
and arson. Property crimes are also in the forms of:

1. Occasional Property Crimes - Shoplifing, Vandalism, Motor vehicle thef,

Check Forgery
2. Conventional Property Crimes - Burglary/unlawful entry to commit thef,
Fence, Larceny/Thef

janog 27
Violent Crimes (Index Crimes)

Murder – is the unlawful killing of human being with malice and with the “act of
violence”. Serial Murder – an act involving killing of several victims in three or more
separate incidents over a week, a month or year. Mass Murder – it is the killing of four
or more victims at one location with one event. Spree Murder – the killing of in two or
more locations with almost no time break between murders.

Homicide and Assault - Homicide is also unlawful killing with out the qualifying
circumstances of murder. It is generally regarded as the most commonly committed of all
the index crimes (based on the UCR offenses). Assault is called “unlawful attack” to
another person purposely to harm or inflict physical injuries. It is a crime that involves
offering to give bodily harm to a person or placing the person in fear.

Robbery - INTERPOL defined robbery as “violent thef”. It is the taking of

property belonging to another with intent to gain by means of force upon things,
violence of intimidation against the person. It could be in the form of:

1. Robbery of person – “hold up cases”

2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery afer preliminary association of short duration between victims and
offender
5. Robbery in case of previous association between victim and offender.

Types of Robbers

1. The Professional Robber – robber who has long-term commitment to the crime
of robbery as a major source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little
commitment to or specialization in robbery and one who is all purpose property
offender.
3. The Addict Robber – one who committed the crime of robbery to support the
drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages to robbery
occasionally in order to support his habit. (Unplanned)
5. The Muggers – they are the most feared robbers. They are semi-professional
robbers who are sometimes called “strong armed robbers” – the street robbers
who commit everything from snatching to the brutalization of the victim.

Rape - is commonly defined as “carnal knowledge of a woman against her will”.

Rape is the fastest growing of all UCR index crime. It could be in the form of:

1. Real Rape – aggravated rape involving violence, weapons and attackers.

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 2. Simple Rape – anything else not fall as “real rape” such as: victims are viewed as
suspicious, particularly if the victim did not physically resist.

Rape is a violent crime due to the means employed usually characterized by

violence, aggression and domination. It has the general effect of “Rape Trauma
Syndrome” – refers to the adverse psychological impacts rape victims continue to suffer
long afer the incident. It includes:

1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness

Classification of Men who Rape

1. Anger Rape – sexual attack becomes a means of expressing anger or rage and
involves more physical assault upon the victim.
2. Power Rape – assailant primarily wishes to express his domination over the
victim.
3. Sadistic Rape – perpetrator combines the sexuality and aggression aims in
psychic desires to ofen torture or otherwise abuse the victim.

Family Violence - Family violence are violent crimes involving physical assault by
a family member to another family members such as the following:

1. Child Abuse – an attack or assault of an adult against the defenseless or people

who cannot defend themselves, usually by a parent to a child.
2. Spouse Abuse – “husband vs wife battering”

Types of Violent Offenders

1. Culturally Violent Offenders – those who live in cultures which violence is an

acceptable problem mechanism.
2. Criminally Violent Offenders – those who use violence as a means to accomplish
criminal acts.
3. Pathological Violent Offenders – those who commit violent crimes due to mental
disturbances.
4. Situational Violent Offenders – those who commit acts of violence on rare
occasions, ofen under provocations. They are the criminals “by passion”.

Property Crimes (Non-Index Crimes)

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 Occasional Property Crimes - Occasional Property crimes are group of property
crimes committed by ordinary property criminals with little progressive knowledge on
criminal techniques. Offenders injure or steal property on an infrequent basis. They tend
to commit crimes such as Auto thef of motor vehicle thef, Shoplifing or good pilferage,
Vandalism, Check Forgeries

Conventional Property Crimes - These are group of property crimes committed

by professional criminals on a persistent basis, which constitute form of career
criminality. Conventional property crimes include:

1. Burglary (Robbery) – unlawful entry of forcible entry in order to commit a felony

of thef.
2. The Fence – dealers of stolen properties, the act of “buy and sale of stolen
properties”
3. Larceny (thef) – simple taking of properties with intent to gain and without the
consent of the owner.

Destructive Property Crime – includes Arson – unlawful burning of property on

another such as:

1. Profit-motivated Arson – illustrated by insurance fraud

2. Revenge Arson – burning of properties due to hatred or spell jealousy
3. Vandalism Arson – fire is employed as a means of expressing vindictive vandalism
toward the property of a group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.

Cybercrime

Although the term cybercrime is usually restricted to describing criminal activity

in which the computer or network is an essential part of the crime, this term is also used
to include traditional crimes in which computers or networks are used to enable the
illicit activity.

Examples of cybercrime which the computer or network is a tool of the criminal

activity include spamming and criminal copyright crimes, particularly those facilitated
through peer-to-peer networks. Examples of cybercrime in which the computer or
network is a target of criminal activity include unauthorized access (i.e, defeating access
controls), malicious code, and denial-of-service attacks. Examples of cybercrime in
which the computer or network is a place of criminal activity include thef of service (in
particular, telecom fraud) and certain financial frauds. Finally, examples of traditional
crimes facilitated through the use of computers or networks include Nigerian 419 or
other gullibility or social engineering frauds (e.g., hacking "phishing", identity thef, child
pornography, online gambling, securities fraud, etc. Cyberstalking is an example of a

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traditional crime- harassment - that has taken a new form when facilitated through
computer networks.

Additionally, certain other information crimes, including trade secret thef and
industrial or economic espionage are sometimes considered cybercrimes when
computers or networks are involved. Cybercrime in the context of national security may
involve hacktivism (online activity intended to influence policy), traditional espionage, or
information warfare and related activities.

Another way to define cybercrime is simply as criminal activity involving the

information technology infrastructure, including illegal access (unauthorized access),
illegal interception (by technical means of non-public transmissions of computer data to,
from or within a computer system), data interference (unauthorized damaging, deletion,
deterioration, alteration or suppression of computer data), systems interference
(interfering with the functioning of a computer system by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data), misuse of
devices, forgery (ID thef), and electronic fraud.

THE VICTIMLESS CRIMES

In common understanding of what crime means is that the act implies that there
is both perpetrator and a victim of the wrongful behavior. With victimless crimes, this
general rule does not apply. Victimless crimes refer to those crimes in which no clear
victim is readily identifiable. In other words, the only injured party is the offender, who
engages in self-destructive behavior. These crimes are also called moral offenses or vice.
Many of these crimes generally refer to Public Order Crimes – an offense that is
consensual and lacks a complaining participant. It is rare in these cases are victims who
week prosecution.

Examples of Victimless Crimes

 Related to Sex Crimes (against Chastity): Adultery and, in general, sex outside
marriage where all those involved, including spouses, give consent. Adultery
without the spouse's consent is arguably not victimless, as it violates the
spouse's marriage contract rights, but it is also arguable that the non-consenting
spouse is the victim of a civil wrong, not a criminal wrong; Bigamy and other non-
traditional marital and family practices; Prostitution, other sex work, and related
acts. According to some people, prostitutes are "victims" of economic
circumstances; others point out that many strippers and ditch diggers are
"victims" of economic circumstances, and arguably so is anyone who performs a
service only for the money, but that doesn't mean stripping, ditch digging or
performing any other services solely for the money is or should be a crime; Incest
between legal adults where offspring cannot result from the sexual activity.

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  Related to Religion: Practice of religions or cults or superstitions other than
those locally sanctioned. Practices involving banned substances (such as
hallucinogens) or banned social arrangements (such as polygamy); Blasphemy;
Apostasy.

 Related to Financial Matters: Ticket scalping

 Related to Political Matters: In general, most specifically political crimes are

necessarily victimless, as they by definition are against the body politic such as
Flag Desecration or expressing negative opinion of prominent national figure (e.g.
Turkey, North Korea); Public obscenity, though offense (damage) to others is
possible; Treason; High Crimes and Misdemeanors, and other abuses of Political
power that do not involve specific persons; Electoral fraud, where such fraud
does not involve the votes of specific persons

 Related to Self-Preservation and Public Safety: Suicide; attempted suicide;

euthanasia.

STUDY OF CRIMINAL BEHAVIOR

CRIMINAL PSYCHOLOGY

In general, psychology is the scientific study of behaviour and mental processes.

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

A major description of criminal psychology is the word behavior. Behavior refers

to actions or activities (Kahayon, 1985). To the criminologist, behavior is the observable
actions because he is more interested in actions and reactions that can be seen and
verified than in concepts, which cannot be directly verified.

Classification of Behavior

1. Normal Behavior (adaptive or adjusted behavior) – the standard

behavior, the totality accepted behavior because they follow the standard norms
of society. Understanding criminal behavior includes the idea of knowing what
characterized a normal person from an abnormal one. A normal person is
characterized by: Efficient perception of reality, Self-knowledge, Ability to

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 exercise voluntary control over his behavior, Self-esteem and acceptance,
Productivity, Ability to form affectionate relationship with others.

2. Abnormal Behavior (maladaptive/maladjusted behavior) - A group of

behaviours that are deviant from social expectations because they go against the
norms or standard behavior of society.

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

definitions:

Abnormal behavior according to deviation of statistical norms based in

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

KINDS OF BEHAVIOR

1. Overt or Covert Behavior - Behaviours that are outwardly manifested or

those that are directly observable are overt behaviours. On the other hand,
covert behavior is behaviours that are hidden – not visible to the naked eye.
2. Conscious or Unconscious Behavior - Behavior is conscious when acts are
with in the level of awareness. It is unconscious when acts are embedded in
one’s subconscious – unaware.
3. Simple or Complex Behavior - These are acts categorized according to the
number of neurons involved in the process of behaving. Simple behavior involves

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 less number of neurons while complex behavior involved more number of
neurons, a combination of simple behaviours.
4. Rational or Irrational Behavior - There is rational behavior when a person
acted with sanity or reason and there is irrational behavior when the person
acted with no apparent reason or explanation – as when a man loses his sanity
and laugh out loud at nobody or nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary behavior is an act done
with full volition or will such as when we discriminate, decide or choose while
involuntary behaviours refers the bodily processes that foes on even when we
are awake or asleep like respiration, circulation and digestion.

ASPECTS OF BEHAVIOR

1. Intellectual Aspect – this aspect of behavior pertains to our way of thinking,

reasoning, solving, problem, processing info and coping with the environment.
2. Emotional Aspect – this pertains to our feelings, moods, temper, and strong
motivational force.
3. Social Aspect – this pertains to how we interact or relate with other people
4. Moral Aspect – this refers to our conscience and concept on what is good or bad.
5. Psychosexual Aspect - this pertains to our being a man or a woman and the
expression of love
6. Political Aspect – this pertains to our ideology towards society/government
7. Value/Attitude – this pertains to our interest towards something, our likes and
dislikes

THE CRIMINAL FORMULA

C=T+S
R
Where:

C – Crime/Criminal Behavior (the act)

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

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

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 In understanding this, the environment factors such as stress and strains are
considered because they contribute in mobilizing a person’s criminal tendency and the
individual’s psychological state while resistance temptation arises from the emotional,
intellectual and social upbringing and is either manifestation of a strong or weak
character.

DETERMINANTS OF BEHAVIOR

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

Heredity (Biological Factors) - This refers to the genetic influences, those that are
explained by heredity, the characteristics of a person acquired from birth transferred
from one generation to another. It explains that certain emotional aggression, our
intelligence, ability and potentials and our physical appearance are inherited. It is the
primary basis of the idea concerning criminal behavior, the concept that “criminals are
born”. It also considers the influences of genetic defects and faulty genes, diseases,
endocrine imbalances, malnutrition and other physical deprivations that can be carried
out from one generation to another.

Environmental Factors (Socio-Cultural Influences)

Family Background – it is a basic consideration because it is in the family

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

Pathogenic Family Structure – those families associated with high frequency of

problems such as:

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

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  The disrupted family – characterized by incompleteness whether as a result of
death, divorce, separation or some other circumstances.

Childhood Trauma – the experiences, which affect the feeling of security of a

child undergoing developmental processes. The development processes are being
blocked sometimes by parental deprivation as a consequence of parents or lack of
adequate maturing at home because of parental rejection, overprotection,
restrictiveness, over permissiveness, and faulty discipline.

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

OTHER DETERMINANTS OF BEHAVIOR

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

Needs and Drives - Need, according to a drive reduction theory, is a biological

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

Motivation - Motivation on the other hand refers to the influences that govern
the initiation, direction, intensity, and persistence of behavior (Bernstein, et al, 1991).
Thus motivation refers to the causes and “why’s” of behavior as required by a need.
Motivation is the hypothetical concept that stands for the underlying force impelling
behavior and giving it s direction (Kahayon, 1975). Drives are states of comfortable
tension that spur activity until a goal is reached. Drive and motivation are covered in the
world of psychology, for they energize behavior and give direction to man’s action. For
example, a motivated individual is engaged in a more active, more vigorous, and more
effective that unmotivated one, thus a hungry person directs him to look for food.

janog 36
Biological needs Motivational Systems

Food Hunger – the body needs adequate supply of

nutrients to function effectively. “An empty
stomach sometimes drives a person to steal.”
Water Thirst – just like food, the body needs water.
Sex A powerful motivator but unlike food and
water, sex is not vital for survival but
essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is essential
to the survival of the organism. Pain will
activate behavior to reduce discomfort.
Stimulus seeking Curiosity is most people and animal is
motivated to explore the environment even
when the activity satisfies no bodily needs.

Psychological Needs - are influenced primarily by the kind of society in which the
individual is raised. Psychological motives are those related to the individual happiness
and well being, but not for his survival, unlike the biological motives that focuses on
basic needs – the primary motives.

Abraham Maslow has suggested that human needs form a hierarchy from the
most basic biological requirements to the needs for self-actualization – the highest of all
needs The pyramidal presentation shows that from the bottom to the top of the
hierarchy, the levels of needs or motive according to Maslow, are:

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

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

Frustration, Conflict and Anxiety

Frustration refers to the unpleasant feelings that result from the blocking of
motive satisfaction. It is a form of stress, which results in tension. It is a feeling that is
experienced when something interferes with our hopes, wishes, plans and expectations
(Coleman, 1980). Conflict refers to the simultaneous arousal of two or more incompatible
motives resulting to unpleasant emotions. It is a source of frustration because it is a
threat to normal behavior (Berstein, et al, 1991).

Types of Conflicts

1. Double Approach Conflict – a person is motivated to engage in two desirable

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

Anxiety is an intangible feeling that seems to evade any effort to resolve it. It is
also called neurotic fear. It could be intense; it could be low and can be a motivating
force (Coleman, 1980). Stress is the process of adjusting to or dealing with
circumstances that disrupts, or threatens to disrupt a person’s physical or psychological
functioning (Bernstein, et al, 1991)

The Ego Defence Mechanisms

The defence mechanisms are the unconscious techniques used to prevent a

person’s self image from being damaged. When stress becomes quite strong, an
individual strives to protect his self-esteem, avoiding defeat. We all use ego defense

janog 38
mechanisms to protect us from anxiety and maintain our feeling of personal worth. We
consider them normal adjustive reactions when they are use to excess and threaten self-
integrity (Bernstein, et al, 1991). Example: Denial of Reality – protection of oneself from
unpleasant reality by refusal to perceive or face it. Simply by avoiding something that is
unpleasant. Fantasy – the gratification of frustration desires in imaginary achievement.
Paying attention not to what is going on around him but rather to what is taking place in
his thoughts.

Perspective on the Causes of Criminal Behavior

1. Anxiety (Psychological Perspective) – stressful situations that when become

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

PATTERNS OF CRIMINAL BEHAVIOR

NEUROTIC OR PSYCHONEUROTIC PATTERNS - are groups of mild functional

personality disorders in which there is no gross personality disorganization, the
individual does not lose contact with reality, and hospitalization is not required.

Anxiety Disorders - Anxiety disorders are commonly known as “neurotic fear”.

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

1. Obsessive-compulsive disorders - Obsessions usually centered on fear that one

will submit to an uncontrollable impulse to do something wrong. Compulsion on
the other hand resulted from repetitive acts (Wicks, 1974). An obsessive-

janog 39
 compulsive disorder is characterized by the following: When an individual is
compelled to think about something that he do not want to think about or carry
some actions against his will, and the experience of persistent thoughts that we
cannot seem to get out of our minds such as thoughts about haunting situations.
2. Asthenic Disorders (Neurasthenia) - An anxiety disorder characterized by chronic
mental and physical fatigue and various aches and pains. Symptoms include
spending too much sleep to avoid fatigue but to no avail, even feel worse upon
awake, headaches, indigestion, back pains, and dizziness.
3. Phobic Disorders - These refer to the persistent fear on some objects or situation
that present no actual danger to the person. Examples of Phobia: Acrophobia -
fear of high places

Somatoform Disorders - Complaints of bodily symptoms that suggest the

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

1. Hypochondriasis - This refers to the excessive concern about state of

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

Dissociative Disorders - A response to obvious stress characterized by amnesia,

multiple personality, and depersonalization.

1. Amnesia - The partial or total inability to recall or identify past experiences

following a traumatic incident. Brain pathology amnesia – total loss of memory
and it cannot be retrieved by simple means. It requires long period of
medication. Psychogenic amnesia – failure to recall stored information and still
they are beneath the level of consciousness but “forgotten material.”
2. Multiple Personality - It is also called “dual personalities.” The reason manifests
two or more symptoms of personality usually dramatically different.
3. Depersonalization - The loss of sense of self or the so-called out of body
experience. There is a feeling of detachment from one’s mental processes or
body or being in a dream state. Cases of somnambulism (sleep walking) may fall
under this disorder.

Mood Disorders (Affective Disorders) - ofen referred to as affective disorders

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

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

PSYCHOPATHIC PATTERNS - group of abnormal behaviors, which typically stemmed

from immature and distorted personality development, resulting in persistent
maladaptive ways of perceiving and thinking. They are generally called “personality
or character disorders”. These groups of disorders are composed of the following:

Personality Disorders - The disorders of character, the person is characterized as

a “problematic” without psychoses. This disorder is characterized disrupted personal
relationship, dependent or passive aggressive behavior.

 Paranoid Personality Disorder - It is characterized by suspicious, rigidity, envy,

hypersensitivity, excessive self-importance, argumentativeness and tendency to
blame others of one’s own mistakes.
 Schizoid Personality Disorder - This is characterized by the inability to form social
relationship and lack of interest in doing so. The person seem to express their
feelings, they lack social skills. They are the so-called “loners”.
 Schizotypal Personality Disorder - It is characterized by seclusiveness, over
sensitivity, avoidance of communication and superstitious thinking is common.
 Histrionic Personality Disorder - It is characterized by immaturity, excitability,
emotional instability and self-dramatization.
 Narcissistic Personality Disorder - It is characterized by an exaggerated sense of
self-importance and pre-occupation with receiving attention. The person usually
expects and demands special treatment from others and disregarding the rights
and feeling of others.
 Borderline Personality Disorder - It is characterized by instability reflected in
drastic mood shifs and behavior problems. The person usually displays intense
anger outburst with little provocation and he is impulsive, unpredictable, and
periodically unstable.
 Avoidant Personality Disorder - It is characterized by hypersensitivity to rejection
and apprehensive alertness to any sign of social derogation. Person is reluctant to
enter into social interaction.
 Dependent Personality Disorder - It is characterized by extreme dependence on
other people – there is acute discomfort and even panic to be alone. The person
lacks confidence and feels helpless.

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  Passive-Aggressive Personality Disorder - It is characterized by being hostile
expressed in indirect and non-violent ways. They are so called “stubborn”.
 Compulsive Personality Disorder - It is characterized by excessive concern with
rules, order, and efficiency that everyone does things their way and an ability to
express warm feeling. The person is over conscientious, serious, and with
difficulty in doing things for relaxation.
 Anti-social Personality Disorder - It is characterized by continuing violation of the
rights of others through aggressive, anti-social behavior with out remorse or
loyalty to anyone.

PSYCHOTIC PATTERNS - are group of disorders involving gross structural defects in

the brain tissue, severe disorientation of the mind thus it involves loss of contact with
reality.

Organic Mental Disorders - A diagnosis of organic mental disorder is associated

with a specific, identified organic cause, such as abnormalities of the brain structure.
These are mental disorder that occurs when the normal brain has been damage resulted
from any interference of the functioning of the brain.

1. Acute brain disorder – caused by a diffuse impairment of the brain

function. Its symptoms range from mild mood changes to acute delirium.
2. Chronic brain disorder – the brain disorder that result from injuries,
diseases, drugs, and a variety of other conditions. Its symptoms include
impairment of orientation (time, place and person), impairment of memory,
learning, comprehension and judgement, emotion and self-control.

Groups of Organic Mental Disorders

1. Delirium – the severe impairment of information processing in the brain

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

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 8. General Paresis – also called “dimentia paralytica”, a syphilitic infection of
the brain and involving impairment of the CNS.

Disorders Involving Brain Tumor - A tumor is a new growth involving abnormal

enlargement of body tissue. Brain tumor can cause a variety of personality alterations,
and it may lead to any neurotic behavior and consequently psychotic behavior.

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

Senile and Presenile Dementia

Mental retardation - Metal retardation is a mental disorder characterized by sub-

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

Schizophrenia and Paranoia - Schizophrenia – refers to the group of psychotic

disorders characterized by gross distortions of realty, withdrawal of social interaction,
disorganization and fragmentation of perception, thoughts and emotion. It also refers to
terms such as “mental deterioration”, “dementia praecox”, or “split mind”. Paranoia – it
is a psychosis characterized by a systemized delusional system. A delusion is a firm belief
opposed to reality but maintained in spite of strong evidence to the contrary. It is also a
psychosis characterized by delusion of apprehension following a failure or frustration.

ADDICTIVE BEHAVIORAL PATTERNS - Psychoactive substance-use disorders such as

alcoholism affects millions of people. Addiction and psychological dependence on these
substances create disastrous personal and social problems (Bernstein, 1991).

SEXUAL DYSFUCNTIONAL PATTERNS - Sexual deviations to the impairment to either

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

Those Affecting Males

1. Erectile Insufficiency (Impotency) – it is a sexual disorder characterized by the

inability to achieve or maintain erection for successful intercourse.
2. Pre-mature Ejaculation – it is the unsatisfactory brief period of sexual stimulation
that results to the failure of the female partner to achieve satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate during intercourse – resulting
to worry between partners.

Those Affecting Women

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

Sexual Behaviors leading to Sex Crimes

As to Sexual Reversals

 Homosexuality – it is a sexual behavior directed towards the same sex. It is also

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

As to the Choice of Partner

 Pedophilia – a sexual perversion where a person has the compulsive desire to

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

As to Sexual Urge

 Satyriasis – an excessive (sexual urge) desire of men to have sexual intercourse

 Nymphomania – a strong sexual feeling of women with an excessive sexual urge.

As Mode of Sexual Expression

 Oralism – it is the use of mouth or the tongue as a way of sexual satisfaction.

a. Fellatio – male sex organ to the mouth of the women coupled with the
act of sucking that initiates orgasm.

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 b. Cunnilingus – sexual gratification is attained by licking the external female
genitalia.
c. Anilism (anillingus) – licking the anus of the sexual partner

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

Sadism – achievement of sexual stimulation and gratification through the

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

As to Part of the Body

 Sodomy – is a sexual act through the anus of the sexual partner.

 Uranism – sexual gratification is attained through fingering, holding the breast of
licking parts of the body.
 Frottage – the act of rubbing the sex organ against body parts of another person.
 Partailism – it refers to the sexual libido on any part of the body of a sexual
partner.

As to visual stimulus

 Voyeurism – the person is commonly called “the peeping Tom”, an achievement

of sexual pleasures through clandestine peeping such as peeping to dressing
room, couples room, toilets, etc. and frequently the person masturbate during
the peeping activity.
 Scoptophilia – the intentional act of watching people undress or during sexual
intimacies.

As to Number of Participants in the Sexual Act

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

Other Sexual Abnormalities

 Exhibitionism – it is called “indecent exposure”, intentional exposure of genitals

to members of the opposite sex under inappropriate conditions.
 Coprolalia – the use of obscene language to achieve sexual satisfaction.
 Don Juanism – the act of seducing women as a career with out permanency of
sexual partner or companion.

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CRISIS MANAGEMENT

CONCEPTS OF CRISIS AND EMERGENCY

CRISIS is a period of disorganization, period of upset during which people

attempts at arriving at solution of problems. It is a crucial or decisive point or situation; a
turning point; an unstable condition, as in political, social, or economic. It is a state
provokes when a person faces obstacles or hazards to an important life goal. The term
Crisis is derived from the Greek word “krisis” which means to separate; a turning point
decision in a process of an affair or a series of events.

EMERGENCY – is derived from the Latin word “emergencia” which means

dipping/plugging. A sudden condition or a state of affairs calling for an immediate
action.

TYPES OF CRISIS

MAN-MADE CRISIS - civil disturbances - strike, riot, demonstration - revolt such

as mutiny and insurrection - revolution, border incident - war: conventional or nuclear –
crimes: kidnapping, hijacking, hostage-taking, etc

NATURAL CRISIS - fire, floods, earthquake, tidal waves - marine/air disaster,

hazardous spills, power failure, nuclear accidents - water/food shortage/scarcity,
drought - volcanic eruption, epidemic, etc.

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

1. Physical Crisis – those that are related to health problems or bodily

sickness/sufferings.
2. Economics Crisis – the deprivation of the basic necessities of life like food and
material things.
3. Emotional Crisis – when an individual is affected by negative feelings like
emotional disturbances, fear, etc.
4. Social Crisis – the experiencing lack of interest, confidence and social skills to
relate meaningful, harmonious relationship with others.
5. Moral Crisis – the person has an irrational or distorted concepts of what is
right or wrong, lack of moral values and integrity of the person.

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 6. Psychosexual Crisis – failure of the person to assume ones sex role and
identity as a man or woman. The person has an inappropriate sex objective,
inadequate and distorted expression of affection.

CRISIS MANAGEMENT defined

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

PURPOSES OF CRISIS MANAGEMENT

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

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

THE CRISIS MANAGEMENT DOCTRINE

This doctrine specifically addresses crisis situations arising out of the action of
mentally deranged individuals, criminals or terrorist elements that use violence or threat
to pursue their needs. Crisis envisioned to be covered under this doctrine include among
others, hostage taking, sea jacking, hijacking, occupation of vital installation, ambush
and arson, with the use of violence or threat followed by blackmail, demands for
ransom, safe-control, publicity and the like.

The crisis may start as basically police or special unit matter, but could develop in
proportion and dimension requiring further military operations. This doctrine also will
not address crisis when the purview and jurisdiction of the National Disaster
Coordinating Council (NDCC), Peace and order council, the Cabinet Crisis Committee or
the National Security Council (NSC) and other national committee which could be
military, economic, political, social or combination thereof, in nature. The general idea is
to prevent the occurrence of a crisis, ensure a probability of success in minimizing or
neutralizing the perpetrator or to return the situation into normalcy.

NATIONAL POLICY

The Philippines subscribed to all international conventions and initiatives against

terrorism and will participate in all endeavors designed to strengthen international
cooperation in order to prevent and neutralize terrorist acts.

PNP/AFP POLICY

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 The PNP/AFP shall be guided by the national policy on terrorism and will strictly
implement it. The use of peaceful means shall always be employed. The AFP will not
compromise nor make concessions to terrorist even if involves the personnel or
property. The AFP will act promptly, decisively and effectively, choosing from the whole
range of military actions appropriate to the circumstances.

PHASES OF CRISIS MANAGEMENT

PRO-ACTIVE PHASES – is the stage of advance planning, organization and

coordination and control in response to an anticipated future crisis occurrence. This
phase is designed to predict or prevent probability or occurrence of the crisis while at
the same time prepares to handle them when they occur.

1. PREDICTION - The first stage of anticipating future crisis occurrences

through the following;

 Update- Intelligence – involves the collection of information from

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

a. Political Terrorist – ideologically inspire individuals who

grouped together for a common purpose usually for change of
government or political power. Ex. CPP/NPA, SPT’s, etc.
b. Criminals – these are people who commit terrorist acts for
personal rather than ideological gains. Some of the terrorist
acts such as kidnapping are well planned, other are not
planned, but happens as a result of the fast response time by
LEAs to an on going crime. For instance, a number of bank
robberies have evolved into unplanned hostage situation
when policemen arrive in response to an alarm robbery is in
progress.
c. Mentally Deranged Individuals – people commit terroristic
acts during a period of psychiatric disturbance. This type is the
most difficult terrorist to deal with. Many of them are
impulsive and unpredictable.

2. PREVENTION - This pro-active phase considers counter measures as part

of the total system of operation. Such counter measures involves the
following;

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  Operation Security – a counter intelligence measure where all aspect
of awareness and training must be considered to prevent threat
groups from learning the units plans methods of operations. It also
refers to measures taken in conducting operations or activities in
secure and effective manner.

 Personal Security – it considers that all personnel are susceptible to

terrorist attack so the is a need for securing them. All security
measures designed to prevent unsuitable individuals of DOUGHTFUL
LOYALTY from gaining access to classified matters or security facilities.

Considerations of Personnel Threat Assessment

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

2. Threat Level (Potential Threats)

a. Primary targets are high-ranking military or police officers, government

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

Stages in preparation of Personnel Security Program

1. Planning – threat analysis and assessment of available personnel security

resources.
2. Personal security education procedures are adopted.
3. Awareness – periodic briefing, public info drive, printed materials.
4. Education – education on terrorist tactics, sparrow opens and the like.
5. Physical Security – encompasses protection of info, material and people
including perimeter installation. A system of barrier placed between the
potential intruder and the material to be protected.

3. PREPARATION - this pro-active phase involves organizing training and

equipment personnel of the organization. In general, military
commanders and officers of the PNP must organize, train and equip

janog 49
 special reaction, security and negotiation elements and provide their
immediate activation when the need arises.

National Level Organization

NCCM – National Committee on Crisis Management - Serves as the umbrella

organization for crisis management. The primary concern is the formulation of crisis
management policies, integration of mil/pol to public efforts towards the prevention and
control of crisis. It is composed by:

1. PAFSECOM – Philippine Air Force Security Command

2. PNSWG – Philippine Navy Special Welfare Group
3. PASAG – Philippine Army Special Action Group
4. PNPSAG – Philippine National Police Special Action Group

RCAG – Regional Crisis Action Group

RCMOC – Regional Crisis Management Operation Center - the point of all
communications from the OSCP
OSCP – On-Scene Command Post

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

Composition of the OSCP

TACTICAL UNIT – composed of regular military or police placed under the

operational command of the OSC.

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

SUPPORT UNIT – It is a unit that provides the necessary administrative,

operational and logistic support of the OSC.

1. Intelligence Team – responsible for the collection and processing of all

information needed by the OSC.
2. Communication Team – responsible for insuring effective communication
between OSC and other units or sub-units.

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 3. Logistic Team – responsible for ensuring mess services, supplies (clothing,
equipment, transportation) and other logistic services.
4. Medical Team – responsible for all medical supplies and services in cases of crisis
incidents.
5. Fire Fighting Team – responsible for all services related to extinguishing fires
intentionally set by perpetrators or during the result of operations.
6. Administrative Personnel – personnel assigned to OSC to keep written records of
events, in coming or outgoing communications.
7. Legal/Investigation Team – services of investigation, preservation of evidence,
documents and legal advice to the OSC.

NEGOTIATION UNIT – It is headed by a chief negotiator and composed of two or

more members. Their primary concern is to serve first life, prevent destruction and pave
the way for a peaceful resolution of crisis situations.

THE REACTIVE PHASE

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

PERFORMANCE - It is the action stage, the implementation of the crisis management

contingency plan.

1. The Initial Action – the stage taken by the Initial Action Unit, which is composed
of police and military personnel immediately organized into team to initially
respond to take incident and begin the containment effort. They are responsible
for:
 maintain control of the situation
 report the matter to the RCAG through channels
 secure the scene by establishing perimeter security
 evacuate by standers if possible
 prevent escape of perpetrator
 take maximum control

2. The Action Stage - The action stage starts as soon as the tactical, support unit
and the negotiation unit arrived and are deployed. The OSC discusses the
incident with his commander and staff and decides on the plans and actions to
be taken.

 Negotiation – chief negotiator undertakes negotiation as soon as he has

been properly briefed and received appropriate instruction from the OSC.
He shall keep the OSCP informed of the progress of negotiations and shall

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 take instructions only from the OSC. No further negotiation shall be under
take when the tactical unit commander initiates tactical operations.

 Tactical Action – the tactical commander makes a complete estimate of

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

3. The Post Action Stage - This stage begin as soon as the perpetrator surrendered,
captured or neutralized. OSC shall ensure that the following are accomplished:
 Protection of the incident scene
 Investigation of the incident preservation of evidence
 Documentation
 SS – witnesses, hostage, perpetrators and other key participants of the
incident.
 Recovered, documented, preserve evidences
 Pictorials, written reports
 Filing and prosecution of cases
 Damage Compensation and rehabilitation

He also initiates recommendation for the compensation and provide

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

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

CONCERNS OF CRISIS MANAGEMENT

TERRORISM

Terrorism is …
 A threat or actual use of force or violence for political or other purpose, to
foster fear, insecurity, distrust, and unrest among a specific group or the
general population.
 “Violence for effect… not primarily, and sometimes not all for the physical
effect on the actual target, but rather for its dramatic impact on an
audience.”
 “The calculated use of violence or the threat of violence attains goals, ofen
political or ideological in nature”.

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

Classification of Terrorist

1. National Terrorist - A terrorist who operates and aspires to political power

primarily within a single nation.
2. Transnational Terrorist - This is a terrorist who operates across national
boarders, whose actions and political aspirations may affect individual of more
than one nationality.
3. International Terrorists - A terrorists who is controlled by, and whose actions
represent the national interest of a sovereign state.

MOTIVATION AND GROUP CLASSIFICATION

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

1. Minority Nationalistic Groups - groups fighting the majority of the community

where the support base will depend one ethnic, religion, linguistic minorities at
odd with the majority community.

2. Marxist Revolutionary Groups – here, the terrorists’ movement is characterized

by its possession of a coherent Marxist ideology and of a long-term strategy for
bringing about the socialistic revolution.

3. Anarchist Group - True Anarchist are difficult to find since true anarchy brings
lawlessness and disorder, which is not a natural state in which the human race
exists.

4. Pathological Groups – problematic individuals who are grouped together for

some terrorist activities for emotional satisfaction.

TERRORISTS PROFILE (based on commonalties of international terrorists)

1. under 30 years of age

2. action oriented - some are college educated
3. from affluent/middle-class
4. ofen trained in medical, legal, engineering, teaching professions
5. terrorism rarely full-time occupation
6. inward assurance of strength
7. paradoxically, basically lonely

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 8. believes he/she to be morally superior and in own mind is right
9. indifferent to suffering of his immediate victims
10. looks to colleagues for acceptance
11. wants respect from victims
12. willing to sacrifice self
13. seek publicity
14. believes violence is morally justified to support cause

Nature of Political Terrorist

1. It is a part of revolutionary strategy.

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

Aims of Political Terrorist

1. Influence, discredit and destroy present system.

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

Common Characteristics of Terrorist

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

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

2. They cause government reactions.
3. Harass, weaken, and embarrass government and government forces.
4. Demonstrate power and threat credibility.

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 5. Obtain money and equipment.
6. Destruction of communication.
7. Prevent and delay executive decisions.
8. Cause strikes or prevent elections, free or prevent elections.
9. Satisfy vengeance.

Long Range Goals of Terrorist

1. Cause drastic changes in the government.

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

Cooperation among Terrorist

1. Sharing resources (logistic support)

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

Organization of Terrorist Groups

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

1. Larger Groups – less secured

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

As to group size, the large group can only succeed over a longer term in a week
political environment.
As to group security, government forces attempt to destroy terrorist group or
keep them in defensive position to discourage them from mobilizing new to be
extremely covert.

Terrorist Operation

1. Covert and well executed.

2. Carried out by specially well-trained and organized clandestine elements.
3. Weapons – basic arms and explosives but continue to seek advance weaponry.
4. Training – they are trained on subversion, weaponry, negotiation practices and
espionage.
5. Members of clandestine elements are of above average intelligence.

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Methods of Operations

1. They operate in small bands

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

1. Pre-incident phase – reconnaissance mission, Rehearsal

 Ofen reconnaissance team, planners, perpetrators do not meet.
 Communication are through intermediaries or by message drop.

2. Initiative Phase – moves to their target covertly.

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

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

4. Post incident Phase

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

TERRORIST TACTICS

BOMBING

Delivery to target is done through:

1. Vehicle Bomb-booby traps with attached devices

2. Laid Charges-bomb plates
3. Projected bombs-launched from riffles by a mortal device
4. Postal/mail bombs

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 Activation means:

1. Command activation by leads, pull wire or mechanism

2. Action by the subject/top pressure device, light sense
electric switch
3. Time delay clock/burning chemical delay

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

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

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

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

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

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

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

ROBBERIES/EXTORTIONS - Terrorist operations are expensive. To help finance

their activities, terrorists rob banks and armored vehicles carrying large sums of cash.
Bank robberies are also used as graduation exercises for terrorist training programs and
viewed as a tactical operation. The conduct reconnaissance, plan escape routes and
operates in the high degree of efficiency and the progressive taxation scheme of the
CPAA/NPA is a form of extortion through coercion or use of force against the victim or
his property.

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TERRORIST TARGETS

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

2. ENGINEERING AND ENERGY SYSTEM

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

3. COMMUNICATION AND SUPPLIES

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

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

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

6. VULNERABILITIES - Vulnerabilities are the weaknesses the

installation security and high risk targets with in such installation. These
vulnerabilities are normally identified through security surveys and inspections
conducted periodically or on the spot intelligence and security units staffs.

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 The analysis of the threat to certain installation is based on information with both
static and dynamic dimensions.

 STATIC DIMENSIONS – terrain, nationality of population,

major industry in the area, location of installation, mission of the installation
 DYNAMIC DIMENSIONS - assignment of personnel,
security measures used relations with civilian security, demonstrations within
post location
 DYNAMIC DIMENTIONS THAT ARE HARDLY CONTROLLABLE
– weather, activities of hostile groups, economic conditions, local law
enforcement, off post demonstrations

The vulnerability of installations can be determined to some extent through the

consideration of the following factors:

 Installation characteristics and its attractiveness as a target

for the terrorist acts.
 status of training personnel
 availability of communications
 non-military law enforcement resources
 time and distance from military installation able to lend
assistance
 geographic region
 proximity to foreign borders
 access to installation
 terrain

HOSTAGE SITUATION

This is termed as crisis by the law enforcement officers and behavioral

professionals. This situation exist when one or more individuals are held captive by other
person or persons against their will for purposes of demanding material things or due to
behavioral maladies. Criminal type hostage takers may direct their demand towards the
government or to other private individuals. Mentally or emotionally disturbed may take
hostages out of nothing or due to uncontrollable forces.

In dealing with hostage situations, the priorities are to 1) preserve lives, 2)

apprehend the captors, and 3) recover or protect properties. Negotiators should be
prepared for this kind of situation since it will take them a long period of time to contain
the situation. According to experts, a hostage taking may last for an hour to more than
forty hours. Hostage takers and hostages and even the negotiators become tired and
stressed out of the long period of crisis intervention. Hostages become impatient waiting
for their safe release or rescue. With this, there is a great possibility of the birth of the

janog 59
Stockholm’s Syndrome. This is characterized by transference of attention between the
captors and captives. The hostage towards his captors may generate positive feelings.

Negotiators can have enough time to contain and isolate the scene. The initial
state of high emotion is given time to subside and rational thinking to return. The lives of
the hostages become more secure as the holder realizes the value of their continued
safety; and fatigue will set in and alertness will fade.

It was research by experts that passage of time is in favor of the hostages and to
the negotiators. In the first hour of the situation, the hostage taker is at rage and tension
is at peak. As time passes mental, emotional and physical fatigue will be increased and
will operate against the hostage taker. As this happen, the above-enumerated benefits of
slowing time operate.

STAGES OF A HOSTAGE SITUATION

Alarm Stage - This stage is the most traumatic and dangerous. In the alarm stage,
the emotion of the hostage taker is exceedingly in its highest peak, his rationalization
and proper thinking is low, He may be extremely aggressive in his reaction to any
perceived threat. E.g. escape of hostages, tactical assault, trickery etc.

In order for the perpetrator gain cooperation from the hostages, he usually
terrorizes the hostages into submission. At this stage he may also inclined to inflict
physical harm or even kill anyone who interferes with their attempts. (Strentz, 1984, p.
190). The same is the situation in the part of the hostages. Since no one knows when or
does not want that they will be held hostages. This is considered as a traumatic stage as
they fear much for their lives. From a peaceful situation, turns into a life and death
situation ticking every minute and the lives of the hostages depend on the hand of the
hostage taker. (Herman, 1995, p. 92). A person taken as hostage becomes impatient,
denial of reality sets in them, particularly when those they expect to help seem to be
doing nothing. In order to cope immediately with this agitated feeling, one must put into
place a will to survive since panic may cause over reaction in the part of the hostage
taker and diminishes the chances of survival. It is also important that hostages should
disregard any notion of being a hero. (Strentz, 1984, p. 196)

Crisis Stage - In this stage, when negotiation attempts are being initiated by the
crisis negotiator. Outrageous demands and unpredictable emotion is marked or
commonly noted in the hostage taker. There is still a great deal of danger since hostage
takers try to consolidate their positions. To do these, they try to move their hostages to a
safer ground area. On the part of the captive, this is the most critical because this stage
may predict the remainder of the situation. Chances of survival may be enhanced or
reduced during this stage through the hostage –hostage taker interaction. It is advisable

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that hostages must control their fear as it increases unpredictable outburst of anger and
violence on the captor. The hostage taker may inconsistently enforce numerous
demands and petty rules and this may result to unsuccessful negotiation. In addition, the
perpetrator seeks to destroy the victim’s sense of autonomy by depriving him of his
basic needs.

At this stage hostages may start to feel three (3) problems: 1) Isolation, 2)
Claustrophobia, and 3) Sense of time. Sense of time becomes important on hostages
who are hoping for rescue. This situation may also in favor of the hostage taker as they
earn compliance from their captives.

Accommodation Stage - This is distinguished by boredom, and with moments of

terror. Though is considered as the longest yet is the most tranquil. In the crisis stage,
and even in the alarm stage, hostages are considering escape options but in the
accommodation stage, their initiative and planning are narrowed since captors has
increased control over them. The hostages’ sense of life preserving has increased and
even tries to obey the orders. Stockholm’s syndrome will likely to occur between the
captors and the victims. One looks into this phenomenon in the negative that one must
say that cooperation of hostages to the negotiator is constricted.

In the right manner, the hostages in good effect can make use of this
phenomenon. It lessens tension and openness is generated. It is advisable that hostages
must avoid political discussions as it accentuates differences with captors and hostages.
(Miron and Goldstein)

Resolution Stage - This is the stage when the hostage taker is being stressed out
or fatigued of the situation. He is seemingly losing interest of the situation and lost most
of his bargaining points. Tension between the hostages, hostage taker and the crisis
negotiator is notably low. It should be regarded also that the crisis intervention
techniques of the negotiation team have increased. In this stage, reactions of the
hostages are mixed either blaming their captors or may become hostile and
uncooperative to their rescuers and even accusing them to be the responsible for the
whole situation. They might even appraise their captors for taking care (saving) their
lives though their captors placed them into a hell experience.

Released victims become paranoid and ofen experience post trauma attacks
afer liberation. These may even last for a long period of time. Such experience becomes
part of their lives and haunts them from time to time if not being properly treated. They,
being a paranoid, continue to monitor their captors if taken away from them or safely
put behind bars.

THE HOSTAGE TAKER

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 It is a must that a police officer who first arrived at the scene has the necessary
skill to determine what type or personality of the hostage taker is. This does not mean
that he must diagnose the perpetrator. In assessing the situation, one must be able to
determine and know the two kinds of behavior:

 Instrumental behavior- those who

are engaging in this kind of behavior are having goals to obtain or to be
fulfilled. Generally, hostage takers of instrumental behavior are criminal types
and intervention usually needs bargaining. E.g. barricaded criminals, or other
organized crime groups.

 Expressive behavior- This kind of

behavior is characterized by their attempt to display power. Those who
engage in this kind are emotionally disturbed individuals. E.g. mentally
insane, etc.

In many hostage situations committed, statistics reveals that most of those

involve are mentally disturbed individuals and the remaining are results of instrumental
behaviors. According to research, twenty five (25%) percent of all hostage situations are
instigated by expressive acts. With this data, it is important that we must learn the
different types of hostage takers and we will begin with the emotional aspect.

Mentally Disturbed

This group suffers from different kinds of psychological maladies. They may or
may not in touch with reality. A mentally disturbed individual may be a loner, act in
accordance with a non existing irresistible force, or on a false belief or stimuli (Cooper,
1981). Symptoms may include such things as dramatic and sudden changes of behavior,
loss of memory, mistreatment of a loved one, a sudden, impulsive act of thef, extreme
depression, or anxiety that is out of proportion to the circumstances that appear to be
causing the anxiety.

The individual may talk to himself of hear voices, or he may be displaying

dangerous behavior without any apparent reason. Mentally or emotionally disturbed
individual may be in a very docile mood for a while and become extremely violent
without any apparent cause (Adams).

A patrol officer is usually the first person to respond to a crisis situation before
the crisis team arrives. In some instances where Crisis Management Teams (CMT) is not
available, he usually starts and event finalizes the job. Police officers are empowered to
bring the mentally and emotionally disturbed individuals to the psychiatrist for
evaluation and treatment.

Paranoid Schizophrenics

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 To begin with the different kinds of mental disorder, we must first understand the
different topics associated with this. Below are items of information discussed in the
book of Adams that serve as a guide to a police officer who will respond to a hostage
situation involving mentally disturbed.

Psychosis is a gross and persistent falsification of conventional reality that leaves

the person unable to manage conventional reality with any degree of effectiveness.
Psychosis has two major components.

Delusion is the faulty belief that is motivated primarily by the individual’s needs
and wishes and in fact, has no basis. Hallucination is manifested in a visual image that is
quite vivid and real to the individual who experiences it.

Paranoia is a set of fixed delusional beliefs that are accompanied by clear and
orderly thinking outside the delusion system. Paranoia manifests itself. A paranoid has
been described as “vigilant suspicious, distrustful, insecure, and chronically anxious”.
There are two types of a paranoid individual as:

The True paranoid or the Classical paranoid as psychologists prefer, may be of

high level of intelligence and so persuasive that he will successfully recruit other persons
to help him in his war against enemy. Individual with Paranoid Reaction do not handle
the problem in as much logic or intelligence as the true paranoid.

Schizophrenia is a thinking disorder. Expert says that, approximately 80 percent

of the mentally ill of the population are schizophrenic. There are subcategories of this
kind of mental disorder, the catatonic state and the hebephrenic state. Catatonic state is
demonstrated by the patient’s rigidly held position for some interminable period of time,
while Hebephrenic state is when the subject acts childlike and silly.

The signs and symptoms of the schizophrenic condition may appear in three (3)
different ways such as the following:

1. The subject’s language may be rambling and tangential; he

may make up meaningless rhymes, or echo anything he hears;
2. The subject may show his split personality incongruent
between his expressed ideas and emotional responses. This indicates that
two thought operate simultaneously.
3. The subject may isolate or alienate himself from the rest of
the society and pull himself into his personal shell (Schizotype personality).

Neurosis is suffered by a person if most likely to be observed in a continuous

state of anxiety. Erratic behavior would more than likely be displayed by reaction to
anxiety in the form of ego defense mechanism such as rationalization, projection or

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displacement. The signs and symptoms are shaking uncontrollably and depression
without explanation.

In general, they are characterized by being out of touch with reality and being
recognized by their false belief. Hostage taking is done in order for them to carry out
plans from someone who compels them to do. Their routine is to accomplish something
but there is no accomplishment. Most of the paranoid schizophrenics are in conflict and
with difficulty in coping even in a minimal stress situation.

Male paranoid may have problems with gender identity and religious beliefs. It is
so noted that frustration and conflict is involved. When these two combines, severe
anxiety will surface that makes a person so sensitive and volatile. Lack of interpersonal
trust, religious conviction, and sexual dysfunction, persecutory beliefs about family or
significant individuals or even distrust to the negotiator or police may lie in the person’s
behavior. This variety of issues may cause the negotiation difficult and dangerous (1986).

The first thing a negotiator should do is to keep the dialogue at an even pace.
Since paranoid schizophrenics are out of touch with reality, it is a must that the hostage
taker should be kept calm enough to stay in touch with reality while the negotiation
process is going on. A good negotiation strategy is suggested below:

1. Reduce anxiety at the same time create a problem solving atmosphere

2. Do not trick the captor
3. Accept the statement as true but do not agree
4. Do not convince that he is wrong
5. Emphatic understanding is needed

Manic depressive personality

Depressed individuals are in an incapacitated mental state. He may frequently

know the hostages and the latter might be the cause of his depression. Negative outlook
in life, feeling unworthy, slow speech, suicidal and unpredictable and extremely
dangerous are the characteristics of this type of mentally disturbed. To a one who is a
suicidal type, he might inflict harm or even kill one of the hostages and the police will be
forced to shoot him (Strentz, 1984).

When dealing with this kind of mentally disturbed hostage taker, the negotiator
must be:

1. Firm and manipulative

2. Understanding and be supportive
3. Able to induce subject to talk about something positive

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Inadequate personality

This is a type of person that displays attention-seeking behavior. Hostage taking is

his action to prove himself or his worth. During the commission of the crime, he tends to
delay his actions and be caught in flagrante in order for him to prove himself (“I’ll show
them”). His characteristics are homicidal, loser complex, maybe fired from many jobs
and is in touch with reality. Though they are emotionally disturbed, yet they are
apologetic to their behavior (“I’m sorry but I have to do this to prove that I can be a good
worker…”).

The negotiator should be aware that those statements mean that it’s either
murder or physical harm to the hostages. It is but wise to present problem solving
alternatives so that the hostage taker will not feel that he has failed again. The person
needs acceptance and understanding. An initial action is to offer promises that can be
kept and do not allow relatives in the scene.

Anti-social personality

Those who belong to this kind of personality are repeatedly having conflict with
the people around them and notably having a deviant behavior from groups, social
values and or individuals. They defend their face from embarrassment by blaming others
in the form or rationalization. Anti-socials, when takes hostages, are generally engages in
expressive acts and they are likely to dehumanize the hostages and this is an indication
that they are dangerous individuals.

According to Lanceley, antisocial individuals did not internalized moral values yet
they know the consequences of their acts and they are therefore considered or more
likely to become a foe. These hostage takers are only concerned for themselves
indicating egotism. Though they are aware of the consequences of their acts, they feel
no remorse and the negotiator must be aware of this. At any time the hostage taker may
consider his hostages as burden and might harm or even end killing his hostages. A
guideline of action suggested is that the ego of the hostage taker is stimulated.

In this situation, the stimulus of this situation might be the hostages and the
negotiator must diverse the attention away from them. It is also suggested that it is but
wise not to refer or talk about hospitalization or treatment during the crisis intervention
as this might agitate the perpetrator if they believe they might loose their freedom or is
insinuated that they are crazy. Since the hostage taker is a street and police wise, it is
advisable not to use trickery (Fusilier, 1981).

The estranged person

Domestic problem is the main cause why an estranged individual takes hostages.
The hostages are commonly known to him and mostly are his family members. The

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hostage taker is experiencing from relationship breakdown in his or her interpersonal
relationships and hostage taking is employed to compel the relationship to be
maintained. The hostage taker at his point is afraid of loosing the significant others. In
order to carry out hostage-taking, alcohol and prohibited drugs are used to have the
necessary courage (Cooper, pp. 27-28). Knowledge in domestic intervention is essential
when dealing with this kind of volatile situation. The negotiator should be careful when
intervening on personal disputes as oral arguments between the hostage and the
hostage taker may occur.

The negotiator must be an emphatic listener and with good responding skill. He
must also be aware of the personal nature of the situation. The negotiator should also
have the ability to bar the denial of reality into despair. The resolution is that the
perpetrator needs to be shown a graceful way out (Cooper, 1981).

Terrorists

Terrorism throughout the world has been alarming for the past decades and even
at present. Countries around the world have been facing terrorism problems either local
or international groups. In the United States alone, it has been reported that there are
local terrorists sowing fear, insecurity and unrest amongst the people. They create chaos
through assassinations, bombing, arson and other forms of malicious destruction of
properties. (CMD, AFP/PNP)

Though global terrorism is seemingly increasing and alarming, the international

law enforcement community is trying its best to address to this kind of problem. (The
international police organizations, other law enforcement, religious and civic
organizations team up together in fighting these terrorists.)

Regardless of their cause, their terroristic activities are condoned by most of the
people.

Characteristics, Modus Operandi and Causes

In order for them to attain their goal, careful planning is involved. They employ
professional members [most of the planning team members are educated enough on
political matters] to outwit and deceive the authorities. They also employ undercover
agents and divide into groups.

Hostages are in serious jeopardy when their demands are not met immediately
or if the military pressure hovers them (i.e deployment of troops, hovering choppers).
The local police may not be able to meet the demands immediately and only serve as
perimeter security as they need government attention. They use media to get attention
from the government.

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 Since most of the longest running crisis situation involves political terrorists, they
want to negotiate directly to the Government and pay less attention to the agents or
crisis management teams. Terrorists also try to let the government overreact n the
situation so when worse come, they, the hostages and the rights groups will turn ire and
blames on the government.

The common question asked is what causes them to do such. Evidently, hostage
taking is their means to get the much-needed attention from the government or private
individuals just like other types of hostage takers. In this way, the authorities will initiate
actions to negotiate for the safe release of the hostages on the fear that the latter will
end killed or harmed.

On the issue on ransom, according to them are just demanded to cover their
expenses while hostages are at their custody, but in sense, will serve as their resources
to buy additional firepower or in the recruitment for additional manpower in
preparation for the anticipated military or police pressures.

Just like other types of hostage takers, they need to be negotiated with . The only
difference is that a mentally deranged, inadequate and antisocial personalities needs
more the help of mental health professionals and rapid police response as the last resort
to rescue hostages away from danger. While on terrorist hostage takers, painstaking
bargaining on social and political demands is traditionally used. Government negotiators
are utilized to the fullest to negotiate and bargain issues with the kidnappers.

Barricaded Criminals

This type might be robbers cornered by the police while in the act of committing
their crime (i.e bank robbers). Either barricaded in a building, road block or on getaway
cars. Hostages are may be employees, bystanders or both caught in the process of
escaping. The hostage taking is a spontaneous reactions of the criminal when cornered.
Some law enforcement officers consider barricaded criminals as attention seekers, but
others describe then in the contrary as they avoid being identified. Their primary aim is
to escape safely taking with them the hostages as shield to prevent being shot by the
police. Usually barricaded criminals are engaged in instrumental acts as they demand for
material things such as getaway cars, firearms, money, and safe escape.

Barricaded criminals may initiate bargaining negotiation as the police closely

monitor them. As earlier presented they might ask a safe conduct pass for the release of
the hostages, or they might ask for additional money or getaway car and leave the
hostages immediately. The negotiator, upon gathering all the facts and assessment of
the situation, including the mental faculties, he may use his own discretion in the
negotiation process, whether to grant the demand or not

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Prisoners

While most prisoners spend most of their time inside the correctional
institutions, some are concentrated on penal colonies under tight guards and to those
who are completely secluded inside their prison cells, they are haunted by boredom, get
tired and hostile. These may be due to the strict implementation of house rules,
favoritism and poor prison conditions (Lack of recreational activities and inadequate
facilities, poor structuring etc.).

These conditions may largely contribute to the occurrence of riots and crisis
[hostage taking] situations in our correctional institutions. Most probably, the hostages
are the prison authorities and staffs or even some of the inmates. For some
institutionalized individuals, hostage taking is their means of effecting escape [hostages
serve as their shield against assault of authorities] to stay away from the harsh prison
condition. Another group of prisoner-hostage takers are those who do not consider
escape but a rather total improvement of the conditions and services of the prison
institution.

Prisoners who initiate hostage taking may be involved on either instrumental or

expressive acts or both. Instrumental behavior involves those situationally related,
substantive and objective wants and commonly known as the commodity goal of the
hostage taker (Roloff and Jordan, 1992). An example of this is the demand for prison
condition as these are the causes of the situation.

Additionally the first group almost has similar purpose to the barricaded
criminals as they inhibit instrumental acts or behaviors.

The negotiation approach in this situation based on the acts involved is

bargaining approach. They need to be bargained with at the soonest possible time as the
lives of the hostages are in great danger. This is possible, as the hostage taker believes
that the hostages are the main cause of the problem.
NEGOTIATION MODELS in Crisis Situations

Whenever a crisis [hostage] situation is reported to the police or other law

enforcement professionals, the initial action being taken is the activation of tactical
assault or Initial Action team and the coordination of trained crisis negotiators within
their departments. In cases where the hostage taking is initiated by a perpetrator, purely
engaged in expressive acts, the services of a mental health professional trained in crisis
management is indispensable. On cases of instrumental behaviors, tactical assault teams
are mobilized to contain and isolate the area and on standby when worst come along as
the negotiator/s enter the situation. However, the services of mental health
professionals are sought since most of hostage takers with instrumental behaviors are
partially engaged in expressive acts.

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 In assessing a crisis situation, one must understand and be able to determine the
two kinds of behavior. Firstly, Instrumental behavior refers to actions on the part of the
perpetrators and negotiators that facilitate some types of substantive outcome in terms
of instrumental issues (situationally related, substantive and objective wants of each
party). Additionally, those who are engaging in this kind of behavior are having goals to
obtain or to be fulfilled. Generally, hostage takers of instrumental behavior are criminal
types and intervention usually needs bargaining. E.g. barricaded criminals, or other
organized crime groups. Expressive kind of behavior on the other hand refers to various
forms of perpetrator’s and negotiator’s behavior that serves to communicate the power
or significance of the individual and his/her emotional state. Simply, it involves the
behavior of the perpetrator (Hammer and Rogan). This is characterized by the hostage
taker’s attempt to display power. Those who engage in this kind are mostly emotionally
disturbed individuals. E.g. mentally insane, etc. Over the years there are approaches
used by negotiators and are devised to suit to these kinds of behavior or acts.

Bargaining Negotiation Approach - Earlier discussed were the two types of acts.
Bargaining negotiation approach is the model that negotiator employ whenever
instrumental issues come along way. In this approach, negotiation is viewed in terms of
an exchange or distribution of resources. This approach is derived to the social exchange
theory of Roloff, (1981), which accordingly has two premises:

1. Conflicts involve people who are interdependent which means that each
party can not accomplish each own goals without agreement from each
party, and
2. Such conflicts involve rewards and costs from each other

This Social Exchange Theory is obviously focused in the exchange of objects

during the negotiation. In order that the negotiation is successful, some authors of crisis
management books claimed that the communication approach involve the exchange of
one set of resources for others or known as bargaining.

Bargaining is a powerful tool to resolve a conflict provided that the hostage

takers focus on instrumental concerns or issues that is negotiable. They are more likely
to engage with the hostage negotiator in order to bargain and resolve the crisis.

Van Zandt, Rogan and Hammer reviewed and made critique on this approach and
notes: “the type of situation law enforcement usually encounter, ofen fall in several
ways to match the requirements of instrumental negotiation approach.”

First, crisis negotiation situation is not typically like others, more common forms
of instrumental dominated bargaining where the assumption is that, the parties come
with well thought out proposals and are willing to a bargaining process. Crisis [hostage]
situations involve high levels of anxiety and uncertainty. They are characterized by a

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pronounced level of emotional excitation precipitated by the hostage takers motives and
enhanced police response. Majority of hostage crisis occurs as a result of the mental and
emotional inability of the hostage takers to cope with life stressors. This produces a
situation where normative rational actor bargaining is generally absent and its place
exist an explosive dangerous and volatile set of interaction dynamics where emotional
excitation and relationship issues (e.g. control, power, trust, liking and face) play a critical
role.

Over all, the particular features of crisis situation discussed above suggest that
negotiators ofen face interaction dynamics that may not fully explained by the
instrumentality focused bargaining approach.

Expressive Negotiation Approach - This approach is mainly focused on the

emotional state of the hostage taker as a powerful tool to resolving of crisis situation.
Expressive negotiation approach came to existence with the use of psychology, human
relations theory and research. Both assume that the nature and quality of interpersonal
relationships play a large role in resolving a conflict. The three (3) assumptions of the
expressive negotiation model are:

1. Hostage has no instrumental value. This explains that the hostage is a tool or
device used in gathering audiences or attracting attention (attention-seeking
behavior) to the hostage taker. The hostage taker may initiate a crisis to
demonstrate his ability to control others.
2. Both interactants have the interest to prevent the escalation of the situation
into violence or death. The hostage taker has some minimal level of
awareness that when he kills his hostages, he will later suffer the
consequences.
3. Hostage taker and negotiators are confronted with high level of emotional
excitation. Increased emotional arousal prepares the perpetrator from
reacting with fight or flight response rather than a problem-solving mode.

In this approach, negotiators must be knowledgeable on ‘crisis intervention

therapy’; listening skills as it contributes a lot in decreasing anxiety and a problem
solving can emerge later during the negotiation process. (Schlossberg, 1979, Van Zandt,
Rogan and Hammer, 1998). In addition, relationship development and confidence
building strategies are viewed as critical to resolution of crisis [hostage] incidents. The
negotiator must have enough training in listening, paraphrasing, and self-disclosure,
open ended questioning to reduce perpetrator’s anxiety.

Under intense stress, the Stockholm syndrome may likely to occur. This
phenomenon has been carefully studied and recorded by psychologists. The impact of
the incident stresses the negotiator’s psychological well-being. More so on unsuccessful
negotiations. Negotiators should also deserve attention like professional help.
Explications of emotional and personality disorders create impact on crisis negotiation.

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Most of the hostage situations are committed by paranoids, depressed, antisocial and
inadequate personality typologies. Hostage negotiations depend on the psychological
characteristics of the hostage taker and the identification of the effective communication
strategies when negotiating with perpetrators who exhibit behavioral patterns
consistent with specific mental and emotional disorders. This model of negotiation is
used to lessen the perpetrator’s emotional tension to give way for a rational problem-
solving atmosphere. (Hammer and Rogan)

Communication-based negotiation approach - This approach is founded on an

interactive assessment if the crisis [hostage] situation as it unfolds and is created
through the interaction of the negotiator and the perpetrator. Therefore, communication
based approach is an interactive process wherein negotiators and hostage takers react to
each message behavior.

In fundamental communications theory, communications is composed of content

and relational dimensions. Content dimension of communication represents the
instrumental focus of person’s message, while the latter conveys the expressive features
(as trust, power, and respect). There are three (3) interaction concerns relative to the
communication-based negotiation approach, which may tend to escalate or deescalate
the conflict. (Hammer and Rogan)

1. Instrumental concerns; Hammer and Rogan notes: “Instrumental

message behavior arises in crisis negotiation as the hostage takers and the
negotiators bargain with one another regarding with the incompatibility of
their objective concerns.” In this concern, there are two broad types of issues
involved, the substantive issues and non-substantive issues or the
situationally related and the situationally unrelated respectively
2. Relational concerns - Relational message behavior denotes when
an individual’s concern is more on the nature of the relationship to other
individual. There are three (3) core elements that represent relational
message behavior.
 Power- this concerns the degree of agreement between
the two interactants along a dominance-submission dimension.
 Trust- revolve around the degree to which each party is
willing to accept the premise that no one shall be hurt or no act shall
be detrimental to self.
 Affiliation- refers to belongingness and acceptance
between the perpetrator and the negotiator (respect, liking and
caring for the well being).

3. Identity concerns - Identity concerns refers to an individual’s

concern for self-presentation, reputation or face. These are then important to
both parties.

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 According to Tajfel’s Social Identity Theory as discussed by Hammer and Rogan,
personal and social identities are the two dimensions of a person’s self image and are
best to be known by the negotiator when dealing with conflict situation, noted as:

‘Personal identity is based on an individual’s unique perception of his or her own

attributes’ (The person perceives himself either weak, strong, or
intelligent).Hammer and Rogan also suggested that a suicidal emphasis is on
personal identity concerns, and
‘…social identity consists of those characteristics and their emotional significance
that is attached to one’s membership in social groups...’ (nationality, gender,
ethnicity, social group/cult).

Rogan and Hammer further discussed that face message behavior varies along
three (3) dimensions and the first denotes the locus of a communicator’s interest (is the
face message directed to one’s self or to other?); Face valence is the second dimension,
a behavior either to attack or honor face. Finally, ‘face-honoring entails a dimension
which relates to whether the message behavior functions to proactively protect against
potential future threats to face or to retroactively restore perceived loss of face’.

When these three (3) dimensions are combined together, there are six (6) types
of face message behavior being produced:

1. Defend Self’s Face - This behavior is self-honoring and self directed messages.
More ofen, the hostage taker uses this when he is asked about the condition of
the hostages and replied… (“ I don’t know but I think they’re all OK! “)

2. Attack Self’s Face - Is a behavior that tends to attack or is directed to one’s self.
The statement, (“ I know this is all my fault…” ) fits to this behavior. The
perpetrator directs criticism or attacks to him when he fell remorse of his act and
this usually occur during the accommodation stage.

3. Restore Self’s Face - This is used to restore one’s face/reputation. (“ I’m not as
crazy as you think…”) A hostage taker with psychological maladies uses this face
message behavior to restore his reputation.

4. Restore Other’s Face - A face message behavior that is directed towards the
other party. (“ You’re such an intelligent guy…”) or (” You’ve got a lot of people
who cares about you…”)The negotiator tries to restore the perpetrator’s face by
attempting to gain cooperation and lessen the latter’s psychological burden.

5. Defend Other’s Face - Known as the traditional message behavior utilized to

protect other’s face from future attack or loss. (“ I know you can overcome these
odds in your life…”). The negotiator should defend the perpetrator and not the
hostages to increase sense of worth of the perpetrator.

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 6. Attack Other’s Face - This represents the traditional, more limited view of face
attack behaviors. (“ These people causes me to do this…”) When a negotiator
shifs the blame to others, it does not really mean that hostages are not prime
importance. It is more likely that the hostage taker feel sense of understanding
and belongingness. However, if the hostage taker is the one who uses this, he is
trying to imply that the main causes of the situation are the people involved
[hostages].

THE STOCKHOLM SYNDROME

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

1. Positive feelings from the hostages to the captors

2. Negative feelings toward the authorities by both hostages and captors
3. Positive feelings returned by the captors to the hostages

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

Stockholm syndrome with operates when there is an extended period of time,

not being isolated from one’s captor and the positive contact between the hostages and
the hostage taker (Fuselier, 1981).

Variety of issues may possibly cause the occurrence of this phenomenon such as:

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

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 In a crisis [hostage] situation, negotiators consider staling of time the number
one rule in dealing with hostage crisis. On scene negotiators, stale time to decrease
tension among themselves and the hostage taker. This might be misinterpreted by the
hostages as they feel neglected. They will end up sympathizing with their captors and
uncooperative to their rescuers.

It should be corrected that providing assistance to the hostage taker not a

conclusion that Stockholm syndrome has occurred. Hostages may carry the moneybag or
the clerk opens the vault due to continue threat of the hostage taker.

As Stockholm syndrome continue to develop among the hostages and their

captors, the latter will make increase awareness of the safety of the hostages for fear of
losing a shield. The negotiators and the hostages however may benefit from this
phenomenon since the safety of the hostages is increased. This happens during the
accommodation period as hostages may tend to obey every command of their captors
and the latter will decrease or lessen the degree of security, control and the introduction
of physical harm among the hostages.

REACTIVE MEASURES IN HOSTAGE TAKING INCIDENTS

OPERATIONAL PREMISES OR AREA

Principal Participants: First responding officers, Field supervisors, Threat Management

Force Commander, Tactical Unit Commander

Duties and Functions

a. First Responding Officers:

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

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 b. Field officers
 assumes command upon reaching scene
 evaluate situation
 prescribed containment procedures until the TMF arrives

c. TMF Commanders
 establishment command post
 coordinate/direct Commander of Tactical Unit Team
 plans/ promulgate aggressive operational activities if required.

d. Tactical Unit Commander

 ensure that suspect is under constant surveillance
 maintain well-planned assault operation, upon order

OPERATIONAL PROCEDURES

1. Stabilization and Containment

 Establish Rapport: get to know the suspect
 Operational Activities -clear area/scene of pedestrians, required
innocent persons to evacuate-this can be done, throughout non-verbal
language, gather information about the suspect
 submit initial report
 request for additional resources, if needed

2. Consolidation and negotiation

Negotiation and qualities

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

Steps in Negotiation

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  On Initial contact - avoid hostile or antagonistic approach, introduce
yourself-don’t use title or rank, sell yourself-sincere and honest, instill
trust and confidence, minimize tension soonest
 Development - drawing a psycho profile or hostage taker, reinforce
relationship establishment at initial contact
 Alternative steps
 Climax stage
 Termination

RULES AND PROCEDURES ON NEGOTIATION

1. Stabilize and contain the situation

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

KIDNAPPING FOR RANSOM

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 KIDNAP FOR RANSOM is a criminal act, particularly described as the unlawful
taking and carrying away a person by force or fraud and against his will, or in any
manner depriving him of his liberty for the purpose of extorting ransom as payment for
the release. KIDNAP FOR RANSOM is a common term used describes a specific criminal
act under ART. 267 of the RPC entitled “Kidnapping and serious illegal detention.”

KIDNAPPING, in general, posses a serious threat to the peace and order condition
of the country. Focus of concern, however, falls on so-called kidnap for ransom case,
because they exist a heavy tall not only on their victims and the victim’s families, but
also on society as a whole. This is so because kidnap for ransom is by nature a
syndicated crime perpetrated by professional criminals groups capable of planning their
nefarious trade that even a single gruesome act of kidnapping expertly pulled by them
could prove very alarming to the public.

COMMON MODUS OPERANDI USED IN KFR

1. A kidnap group initially scouts or a potential victim through an informer or

spotter.
2. An informer or spotter could be a gang member or outsider whose participation
is to locate targets for the group.
3. Afer the would-be victim has been spotted, the kidnap group conducts a
through study on his background and his daily routine movements/activities.
4. Customary route taken by the would-be victim is particularly observed.
5. Afer careful surveillance and planning, they would kidnap the victim at an
opportune time.
6. The victim is them brought in a pre-designated area, usually outside urban places
where the victim is held in captivity ransom for his release is being negotiated.

HOW DOES KIDNAPPERS ABDUCT THEIR VICTIMS?

How facilitate the kidnapping for the victim, a gang member is sometimes made to
seek employment with would-be victim’s family, either as a diver or as household help.
In coordinate with an inside man, the group snatches the victim at on opportune from
the public. Although the manner of accosting the victim varies from one kidnap group to
another, the most common method of approach used by kidnap groups is by blocking
the kidnap victim’s car by using military or police-like vehicles, sometimes with siren. At
least one of the kidnappers is in complete military or police uniform and armed with a
long automatic weapon. The victim is intercepted and accosted with alleged traffic
violations.

HOW ARE RANSOM NEGOTIATIONS UNDERTAKEN?

1. Ransom negotiations are later affected through various means of

communications. The most common is through telephone.

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 2. The kidnappers will call up the relatives of the victim and demands for a ransom
for the release of the victim.
3. An almost hysterical victim is sometimes made to speak over the telephone and
appealed to his bewildered relatives whose tendency to cooperate blindly with
the kidnappers.
4. The kidnappers then indicate the amount, normally in cash payable on a date
and a place specified set by them.
5. Threats on the life of the victim are also relayed to the one contacted in case
term of the ransom one not met which include, among others, non-disclosure of
the case to police authorities.

WHAT ARE THE BASIC OBJECTIVES OF THE SPECIAL UNITS OF THE

PNP IN DEALING WITH KIDNAP-FOR-RANSOM?

By priority, the basic objectives of the PNP Special Unit handling kidnap-for-
ransom cases are the following:

1. To insure safety of the hostage or victim is a paramount consideration that takes

precedence over all others. Utmost care is therefore exercised in the conduct of
rescue operations.
2. To understand and minimize the mental anguish and agony of the victim’s family
and friends.
3. To achieve the early liberation/salvation of the hostage/victim.
4. To insure successful cases against suspected kidnappers.
5. To ensure successful case building and prosecution of cases against suspected
kidnappers.
6. To prepare for any similar eventually that may ultimately endanger the
preservation of internal peace and order.

MOST IMPORTANT ROLE OF THE CITIZENS IN THE FIGHT AGAINST

KIDNAP-FOR-RANSOM.

The role of the citizens especially the families and relatives of kidnap Victims is to
report immediately any kidnapping incident to police authorities. Aside from this, they
should extend their outmost cooperation to the police not only in the rescue of the
victim but also in the effective prosecution of the suspect as well as in the efforts to
locate, identify and arrest kidnap gang members who remain at large.

TIPS TO BE UNDERT AKEN TO PREVENT

ANY KIDNAPPING OR ABDUCTION

If you believe that you or members of your family are potential targets of kidnap-
for-ransom groups, the most logical thing to do is to be SECURITY CONSCIOUS always in
your person and in your day to day activities.

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 The following preventive measures are hereby suggested:

1. Develop a security system in your residence and in your place of work

2. Be very selective in hiring your employees or your household help. It is suggested
that you let a trusted person secure the necessary police clearances for them and
check their background.
3. Watch out and report to the police questionable presence of persons loitering
near your home or office.
4. While on board your car, be very observant. If you notice you are being followed
or observed by doubtful characters, taken note of the vehicle’s description,
especially the plate number. If you have seen the faces/appearances of the
persons following you, try to remember their descriptions.
5. In your daily trips from home to office or school and back, try not to develop a
pattern. Do not establish definite schedules and routes in addition, avoid routes
that are deserted.
6. If you are accosted or intercepted along the roadway for alleged traffic violation
and asked to pull over by questionable persons, stop only in a place where there
is a policeman or there are other persons around.

BEST THING TO DO WHEN YOU RECEIVE A KIDNAP NOTICE/CALL

If you receive a kidnap note:

Be calm, don’t panic,
Make written record of the delivery person’s description
Take note of other circumstances of the delivery (time, manner,etc.)
Preserve the note for submission to the police.

During the call:

Try to signal someone else to listen on an extension.
Keep caller on line as long as possible.
Do not antagonize the kidnappers.
Give kidnappers a code word for whatever identification.
Ask for Victim’s name, Where and when seized, Victim’s code name

After the call:

Make a written record of the Caller’s age/sex, Mental state (your assessment),
Peculiarity of speech (lips, accent), Exact words used
Try to take note of background noises and the audibility to telephone reception, which
may reveal the place where kidnappers is calling.

ASSASSINATION

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 It is the murder of prominent citizens particularly a head of a state or high official
in government or the killing an important person by violent means, usually from political
or religious motives.

What are the basic causes of assassination?

1. Revolutionary Causes – Groups and individuals who become fanatic in their

desires to change an existing government or to establish a new government ofen
resort to violence by means of assassination.
2. Economic Causes – In some cases assassination are motivated by beliefs that the
victim is responsible for bad economic financial conditions affecting the nation, a
particular group of people, the assassin or his family.
3. Ideological Causes- Some assassination are motivated by beliefs that the
intending victim is impairing the principle of the assassin and his associates.
4. Psychological Causes – Mental derangement, fanaticism, or emotional instability
are motivated factors in most, if not all, assassination. One or more of these
conditions are usually present in addition to of the other basic causes of
assassination.
5. Personal Causes - Revenge, jealousy, hate, and rage or strictly personal drives
have motivated personal Causes of assassination.
6. Mercenary Causes – Some assassinations have been committed for a monetary
reward. There is frequently a distinct difference between the basic causes of an
assassination and the motives given by the assassins.

Objectives of VIP Protection

1. To protect the lives of personalities, important citizens and their country.

2. To protect those personalities from illegal pressure being put upon them, such as
terrorism, threats and blackmail.
3. To prevent insult on their honor-embarrassment to protected persons, his
government / country.

Basic Concepts of Protection

Protection is a buffer set-up thrown around a dignitary who will either prevent an
attack or absorb the shock to such an extent that the results will not be tragic. It must
strive to protect the dignitary wherever he is located but must always be able to move
him to a safer area if the need should arise. Absolute protection is seldom possible.
Therefore, the protective forces should always try to operate in such a manner that any
attempted attack will have the smallest possible chance to succeed. Every element of
protection must be thoroughly planed in advance and every act of movement of the
dignitary and the protective detail must be scrutinized to make sure it is not playing into
the hands of some attackers. Protection must be surprised proof and flexible enough to
instantly respond to any emergency.

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 There are usually advance clues of a planned attack and the protective system
must secure this intelligence from all possible sources resources and recognize the signs
of danger.

METHODS OF ACTION USED BY THE ADVERSARY

1. Physical Assault – The inflicting of physical injury, with the aim of disabling the
object of the attack, such as murder wounding and trashing.

2. Threats – The objectives of threats is to frighten the person and bring about a
change of policy. The adversary may use anonymous letters; radio broadcast and
in the adversary happens to be from a foreign country, he will have additional
means at his disposal, such as the local press, international forum or assemblies.

3. Insult and Humiliation – The adversary tries to ridicule the VIP in the eyes of the
people, and will use different means in order to achieve these objectives.

INITIAL ASSESSMENT FOR DIGNITARY PROTECTION

Plan for protective operations to include a complete evaluation of the dignitary’s

level of threat exposure of possible attackers and the vulnerabilities of the protected.
Develop Intelligence profiling, likely scenarios and the protectee’s environment and
routes of travel and security measures already in place. Finally, the identification,
selection, and implication of protective countermeasures shall be undertaken.

PROTECTION OF VERY IMPORTANT PERSONS (V.I.P.) IS BASED ON SEVEN DIFFERENT

METHODS

1. Physical Protection – This refers to the protection of the VIP and the installation
he uses through the physical presence of his guards.
2. Secrecy – Information about the VIP, which might be important to the adversary,
will be kept from him.
3. Deception – The publishing of deceptive information concerning the actions of
the VIP.
4. Control – Control over the persons coming into the contact with the VIP over the
object sent to him.
5. Intelligence – The gathering of the adversary’s intentions as to as assault upon
the VIP.
6. Instruction – The VIP and his Colleagues have to coach as to the necessary
precautionary measures.
7. Neutralization of Suspects – Neutralization of people who are suspected of trying
to liquidate the VIP. A good system of protection will use all of the above

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 mentioned methods. It is not always necessary to use them at the same time,
but generally, it will be necessary to employ most of them in order to ensure and
efficient protection.

PROTECTION PROCEDURES AND PRINCIPLES

As recognized by most police agencies, absolute and complete protection against

assassination of a dignitary is seldom possible. The goal is to minimize the chances of
success of any contemplated attack. The privacy of the dignitary must be considered,
and under no circumstances should he be embarrassed. Despite this, protection must be
provided against hazards caused by personal designs, accidents or negligence.
Procedures are unknown to the public. Every phase of security must be carefully
planned in advance. Pertinent factors considered in this planning include; importance of
the protected persons, political attitude of the local population, distances involved,
means of transportation, and duration of the security mission.

Physical protection consists of a series of protective cordons, each compelled in

it. These defensive rings maybe composed of security personnel, physical barriers, or a
combination of both. An example of this type of security is the protection established
around a house from the third echelon of protection. The depth of the protective forces
and the degree of security established will be governed by the factors considered in the
planning stage.

Security planning should be flexible. Weather conditions and mechanical failures

(including failure if lighting) are two ever-present potential hazards. The unexpected
arrival of a large number of visitors is another situation frequently encountered. Last
minute changes in the schedule of events occur on occasion. The security must be
sufficient trained to cover these and many more eventualities.

Central direction and unity of effort are of special importance because of the
nature of this assignment. The officer-in-charge should be designated with full
responsibility for all phases of the security mission. Close coordination must be
established with all local military, police and civilian authority. The security’s
responsibility for each phase must be clearly defined. Arrangements should be made for
the local civilian police to control local inhabitants. All available intelligence channels
should be utilized for information of potential danger areas.

USE OF SECURITY PLAN

An excellent format for preparation of a protective plan is the standard operation

plan used by the police. The requirements of the plan which are coordination or liaison,
the itinerary defense area, personnel and equipment requirements post designation,
cooperation, communication, public relations, and miscellaneous emergency

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information, can all be logically included in the normal five paragraphs of the operational
plan.

The plan should be on writing and procedures in sufficient copies, so that it can
be staffed with those officers with whom coordination is necessary. Only key personnel
needed to provide a complete protection are given an orientation on the events of the
plan and should be familiar with the whole operation. Each participant commits the
requirement of his specific mission to memory. For this reason, the plan contains
detailed instruction for each post and mission. The instruction should be simple to
understand and easy to execute. The length of the plan will depend upon the size of the
mission to be performed. The itinerary consists of one or more men stationed or in fixed
post. Police should know the identity in the party of protected official. The attitude of
the protected official must be estimated by the police officer. In most instances the
presence of security personnel, is unpleasant to the dignitary. This is understandable in
view of lack of privacy. The security personnel must be aware of this natural reaction,
actually anticipate it, and they observe adherence to strict policies of non-irritating
conduct.

In the initial planning stages, all potential embarrassments should be avoided. It

is normally a good policy to avoid direct contact with the dignitary on details of
arrangements. The Officer-in-Charge should coordinate with the member of the official
party who is designated for this purpose. When an important person ignores the
measure which has been taken for his protection, security officers continue to perform
their duties as directed. When appropriate, they offer suggestion tactfully. The chief of
the escort acts exercises enforcement power over the security of an important person
only when necessary with caution and diplomacy. Any violation of the security measures
for important persons is brought to the attention of the chief of the escort or guard. The
security police officer insures that the guards comply with every detail of their
instructions. Restriction on the circulation of individuals should be strictly enforced.
Before any person is allowed to approach the important person of his effects, he is
checked. The security detail should not enter into conversation between the dignitary
and other individuals. Information should be given only when solicited. In all dealings
with the protected person and his associates never volunteer for uncalled for personal
favors. Deliberate attempts to ingratiate themselves only serve to degrade the security
mission and result in an undesirable relationship if the official or members of his party is
bothered. Security personnel should react accordingly. The protected person should set
the standards of the relationship. In the absence of such standard actions of the security
detail should be formal.

THE USE OF WEAPONS

There is always the danger of undue alarm due to accidental discharges, and the
injury of innocent persons, when weapons are carried. All personnel should carry a

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holstered sidearm of at least .38 or 9mm caliber. Automatic pistol should contain a fully
loaded magazine with a round in the chamber and the safe on. In certain areas, when
attackers are made in force by armed mobs, the appropriate weapon or machine gun
can be used. The machine gun is also used when attacks are made from vehicles, and
when the attackers are behind shields or barricades. Riot or shotguns should be
available when the attack is made in a congested area where there is danger of injuring
innocent people if long-range weapons are used. They are also effective against mobs
using “Banzai” type of attacks. The use of police nightsticks and tear gas will break up
and confuse the crowd, making their movement by the protective force easier.

CROWD CONTROL

The protective personnel should understand the principles of crowd control.

They should not show prejudice, sympathy, or become involved in the grievances of the
crowd. When force is necessary, the protective force should move with speed and
surprise. At the first sign of disorder all leaders should be apprehended. The real
troublemakers are usually to the rear of the crowd. Protective forces should not be
fooled or deterred by mob leaders who arouse and use women and children in front
ranks to shield themselves from aggressive action by the protective personnel. The
crowd’s retreat should never be hindered, it should be moved in the direction where
there is no space to disperse.

AREAS AND BUILDING SURVEY

All areas to be occupied or visited by the protected person should be surveyed in

advance. The procedure to be prescribed for building inspection is complete and
thorough. In many instances, the dignitary is a state visitor of the visitor of the nation;
on other occasions he may be the houseguest of other high-ranking government
officials. At times, he may stay in hotel occupied by numerous other guests. Certainly, all
the inspection listed in this section is feasible. The Officer-in Charge and his advance
party use common sense of sound judgment in establishing the best security possible
under existing circumstances. In some instances, the advance party can facilitate security
measures by arranging for a separate floor or wing of a hotel as a billet for the party.
Normally, billeting arrangements are included in the itinerary prior to the start of the
security detail. Proper building inspection entails a thorough examination from roof to
basement. Blueprints of the building should be obtained. Rooms and hallways are
measured visually and compared with the dimensions indicated in the building plan to
locate any hidden passage or alcoves. Each room is examined systematically. Walls,
ceilings, are mentally divided in to three-foot squares and each square minutely
examined for cracks, evidence of recent repairs, or any unnatural appearance. Suspicious
areas should be examined satisfactory by reliance on operating or maintenance
personnel. All furniture are carefully examined, all doors opened and drawers are
removed as check for concealed compartments. All wires leading into or leaving the
various rooms are traced and all devices connected with them identified. Heating

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radiators, plumbing, pipes and similar equipment are carefully examined for dummy
installations. All locks and locking mechanisms are inspected. Afer the inspection is
completed, the room or building is secured until used.

PROTECTIVE TECHNIQUES

PROTECTION WHILE RIDING IN VEHICLES – The selection of security trained

driver and the type of vehicles to be used should be given thought, then a closed car
provided with greater concealment and therefore better protection for the dignitary
recommended. Route survey should be conducted in advance before actual travel and
protective details should be equipped with radio communication processing encoding-
decoding “scrambling” capabilities. All auto motive equipment should be excellent
mechanical condition and should be regularly inspected for signs of tampering and bullet
proof if possible. The driver should be well trained and reliable. Vehicles must be
secured at all times during security missions. Escort vehicles should precede the
protected vehicle. The security vehicle should follow the protected vehicle as closely as
possible consistent with driving safety. An advance car should precede the convoy by
approximately one-half kilometer to observe hazards and reports on unusual conditions.
A reserve vehicle should follow the convoy as a short distance from the rear for use in
emergency. The escort follow-up and all security vehicles should maintain radio contact.
Whenever possible, a member of the security detail is placed in the protected person’s
vehicle. In extreme conditions, when greater security is necessary, one or two dummy
vehicles, carrying individuals who are similar in appearance to the protected person,
may be included in the convoy. Fixed post and bridges, underpass, and traffic stops must
be secured when deemed necessary. An alternate route should be arranged for
emergency requirements. Unless indicated by competent security the convoy will
confirm with the local traffic regulations. Evaluation of such situation is made to
determine the degree of security, which is practical and necessary.

TRAVEL BY TRAIN – Generally, the greatest potential security hazard exists at the
points where the escorted person boards or leaves the train. Usually this is a congested
area with numerous individuals carrying all sorts of bags, packages, and containers. In
the study of assassination techniques, the large number of attempts in this location is
not worthy. When possible the area should be closed to the public or the dignitary’s
party, it should be attached to the rear of the train where feasible. The members of the
security detail should be in control of all entrances of the car. When the train is stopped,
they assume position covering all avenues of approach to the car. If the protected
person leaves the train for a temporary period constant security should be maintained
on the train until the protected person returns and the train departs. Prior coordination
should be made with railway officials for exact scheduling of stop enroute. Railroad
security and local police at scheduled stops can be contracted for standby assistance.
When deemed necessary advance and rear guard train may be placed on the other cars
of the train, seated among passengers, as an additional safeguard.

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 TRAVEL BY AIR – Normally, a special plane is placed for transporting the dignitary
and his official party. The technical safety factors, such as clearance of operating
personnel and control of flight, are responsibilities of the operating agency when
performed by military forces. The most dangerous periods, as in train, movements are
boarding and departure times. All structures offering observation of the boarding shall
be adequately secured either by closing of when not used or by strategic placement of
security detail. When a large crowd is expected for take off ceremonies, barricades and
uniformed military or police force in sufficient numbers should be included in the
planning. The plane designated for the important person should be kept away from
contact with the plane. When the designation is another base, advance arrangements
should be made with the Air Force Office for additional security and transportation is
normally scheduled for the important person and his party. It should not be forgotten
however, that arrangements must be made for the accompanying security personnel.

TRAVEL BY SMALL WATERCRAFT – When planning for a cruise, the boats selected
should be of types and sizes capable of withstanding weather and surf conditions that
may be encountered. A thorough inspection of the boat designated for the protected
person should be made in conjunction with responsible ship personnel. The inspection is
primarily for unauthorized persons stowing away for any suspicious objects or packages.
An additional check should be made for adequate life saving and emergency facilities.
Security personnel should be alert for either crafs approaching the dignitaries boat.
When feasible, arrangements should be made for a boat to follow the protected
person’s boat.

PROTECTION WHILE WALKING – One of the best protective measures is varying

the selection of walking times and routes. The security detail accompanying the
dignitary should be positioned to cover all avenue of access, additional security
personnel should cruise in the immediate vicinity. Local police agencies can be of special
value in adding background security in these instances.

PROTECTION AT PUBLIC ASSEMBLIES – A careful search and inspection of the

area should be made at the time protection is established. A physical defense zone
should be set up immediately around the dignitary, and additional concentric defense
area should be added to the greatest possible extent. Protection in the defense zone is
provided by protective personnel, permanent or temporary type barricades, and a
combination of the above techniques. Screening points to admit passage of authorized
persons and materials should be established. Observant and inconspicuous personnel
should be patrolled among the crowd. Maximum use should be made of security aid
such as flood and spot lights, communications, emergency equipment, special weapons,
locks, barricaded areas, and helmet proof equipment, and materials.

PROTECTION WHILE IN A RESIDENCE – The protective detail should occupy at

least one protective ring. At least two additional areas should be established in the outer
perimeter. There must be a pass system for the staff and frequent visitors. Food

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suppliers should be checked and food selection and handling should be controlled, Mail
and packages should be fluoroscope. Periodic inspection should be done on premises for
safety hazards, lethal devices such as bombs, traps and sufficiency of security
equipment. Adequate communication should be maintained, and all possible emergency
situations should be considered.

PLANNING CONSIDERATIONS

The nature of the Assassin - The assassin is a discontented individual who

decides to kill the person whom he thinks is responsible for his difficulties. He attempts
to gain advantage by the use of surprise. A well-trained protective force that he is likely
to be caught does not discourage him. Assassins do not have distinct features. They are
not concerned about death. Many of them suffer from mental disorders. A mentally
unbalanced person is not necessarily stupid and as a matter of fact they can be
ingenious.

Assassination of VIP normally feature the following:

1. The location of victim at a given time will be known in advance by the

assassin.
2. The assassin with his weapon will choose a position giving him access to his
victim.
3. The protection detail will be attracted by some diversionary interest or
otherwise inattentive.

Break down of planning

BEFORE: Plan must be extensive and thorough as follows: Plan should be in

writing. Plan should be specific-complete for each post and for each person involved.
Plan should be simple to understand and easy to execute. Plan should be carefully read
and committed to memory. Coordination among the different agencies must be laid out.
Details and schedule of activity contemplated should be in advance. Define and establish
the defense area. Number of personnel should be determined. The accessory equipment
should be itemized and the distribution shown. Means of communication

DURING: Protective force should function as a team. The aim should be that
nothing occurs that might jeopardize the safety of the VIP.

AFTER: Summarize things that happened in the operations. Evaluate individual

performance; bring out the weak points and suggestions for improvements. Encourage
individual members to discuss their particular assignments. Encourage group
discussions. Central summarization with outlook on succeeding operations.
BOMBING
(Incident Awareness)

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 IS BOMBING A SERIOUUS SOCIAL PROBLEM? Bombing is a very serious social
problem as when a bomb explodes, casualties and destruction of property is very
essential. When bomb incidents occur, people are affected directly and indirectly. Work
stoppage (evacuation), tension, fear or panic is felt by the people within the area. Even if
a person is not directly affected, just hearing or reading the news about such incidents
can make him apprehensive. Also, some people could take the chance, as leverage to
scare or threaten would be victims for some reasons like extortion or just for pranks.
Bomb incidents include bomb threats and actual bombings. It can happen anywhere and
anytime. With the recent advancement of science and modern day technology, bombs
becomes more sophisticated, smaller in sizes, easy to handle, easy to plant, easier to
transport but with more devastating effect.

The tactics common to terror groups is bombing. Of all terrorists incidents

recorded. 70% were attributed to terrorists bomb. The bomb is a popular weapon
because it is cheap to produce, easy to make, has variable uses and is difficult to detect
and trace afer the event. Investigations have revealed that the targets for “terrorists
bombing” are not selected at random. The modus operandi for selecting the target and
planting the explosives appears to follow this pattern: The target is selected because of
political or personal gain to the terrorists. It is then kept under surveillance to determine
the entrances and exits most used.

Reconnaissance of the building is made to locate an area where a bomb can be

concealed, do the most damage and here the bomber is least likely to be observed. A
test or dry run of the plan is ofen made. Afer the dry run and at a pre-determined time,
the building is infiltrated by the bomber to deliver the explosive or incendiary device.
The device maybe partially pre-set prior to planting. If it is fully set and charged, it is
simple matter for one or two of the group to plant the device in a pre-selected
concealed area. This can be accomplished in a minimum of time. If the device is not fully
set and charged, one member may act as lookout while others arm and place the device.
Most devices used for the destruction of property are usually of the time delay type.
These devices can be set for detonation to allow sufficient time for the bomber to be at
a considerable distance away before the bomb threat call is made or the device is
detonated.

HOW TO PREPARE (against Bombing)

The terrorists have developed their plan of attack and the following procedures
are suggested to business and industry for coping with the bomb threats and actual
bombings. Contact the police, fire department and other local government agencies to
determine whether any has a bomb disposal unit. Under what condition is the bomb
disposal unit available. What is their telephone numbers. How can you obtain the
services of the bomb disposal unit in the event of a bomb threat. Will the said unit assist
in the physical search of the building or ill they only disarm or remove the explosive

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device. Establish strict procedures for control and inspection on packages and material
entering critical areas. Develop positive means of identifying and controlling personnel
who are authorized to access to critical areas. Arrange if possible, to have police, fire
representatives with members of your staff, inspect the building for areas where
explosives are likely to be concealed. This may be accomplished by reviewing the floor
plan of the building. During inspection, you should keep particular attention to rest
rooms, storage, crawl areas, trash bins, main switches, etc. It can give you an idea where
a time delayed explosive device or incendiary device may be concealed. All security and
maintenance personnel should be alert to suspicious looking or unfamiliar persons or
objects. Instruct security and maintenance personnel t make periodic checks of all rest
rooms, stairways and other areas of the building to assure that unauthorized personnel
are not hiding or conducting surveillance of the area. You should assure adequate
protection for classified documents, proprietary information and other records essential
to the operation of your business. A well planted, properly charged device could, upon
detonation, destroy those records needed in day to day operation. Instruct all personnel
especially those at the telephone switchboard in what to do if a bomb threat call is
received.

As a minimum, every telephone operator or receptionist should be trained to

respond calmly to a bomb threat call. To assist these individuals, a bomb threat checklist
should be kept nearby. In addition, it is always desirable that more than one person
listen in on the call. To do this, have a covert signaling system to a second reception
room. A clam response to the bomb threat could result in getting additional information.
This is specially true if the caller wishes to avoid injuries or deaths. If told that the
building is occupied and can not be evacuated in time, the bomber may be willing to
give more specific information on the bomb location. Organize and train an evacuation
unit consisting of key management personnel. The organization and training of this unit
must be coordinated with other tenants of the building.

COUNTER BOMB INCIDENTS

PHYSICAL SECURITY PLAN - Physical security measures taken for the protection
of property, personnel, material, facilities and installation against unauthorized entry,
trespass, damage, sabotage or other illegal or criminal act. It deals with the prevention
and is designed to protect against not only bombing incidents, but a full range of
possible attacks. Particular attention must be given to the third pre-requisite because
this is the one area which a law enforcing organization has the greatest opportunity to
deter a bomb incident. If adequate preventive measures and physical security
precautions are established; the opportunity to obtain explosive and emplace bombs
will be reduced. In addition, an effective bomb threat plan and a well rehearsed
procedures for handling bomb threats and incidents will reduce the chances f a bomb
being successfully detonated.

COUNTER MEASURES AGAINST SABOTAGE BY EXPLOSIVE/ INCENDIARY ARE;

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 1. PHYSICAL SECURITY EDUCATION
2. USE OF EFFICIENT SECURITY FORCE
3. IDENTIFICATION AND MOVEMENT CONTROL
4. USE OF PHYSICAL SECURITY AIDS
5. DESIGNATION OR RESTRICTED AREAS
6. SEARCHES OF INCOMING VEHICLES
7. EMERGENCY PLANNING
8. GOOD HOUSEKEEPING

BOMB INCIDENT PLAN- A plan providing detailed procedures to be implemented

when a bombing attack is executed or threatened. Elements of this plan are;

AUTHORITY AND CONTROL

1. WHO WIL BE INCHARGED OF THE INCIDENT?

2. WHERE WILL CONTROL CENTER BE LOCATED?
3. HOW WILL CRITICAL DECISIONS BE MADE?
4. WHO WILL MAN THE CONTROL CENTER?
5. WHAT PRIMARY AND ALTERNATE COMMUNICATION SYSTEM WILL BE DURING
THE INCIDENT?

THREAT EVALUATION

1. CHARACTERISTICS OF THE THREATENER SUCH AS AGE, ETHNIC GROUPING, AND

PHYSICAL AND MENTAL CONDITION
2. BACKGROUND NOISES (TELEPHONE THREAT) THAT GIVE INDICATIONS OF CALLER
LOCATION.
3. TARGET IDENTIFICATION, DID THE THREAT INDICATE A VALID TARGET?
4. TECHNOLOGY; IS THE DEVICE DESCRIBED TECHNICALLY LOGICAL AND POSSIBLE?
5. ANALYSIS OF RECENT LOCAL BOMBING ACTIVITY. IF THE EVELUATION OF THE
THREAT INDICATES THAT THE THREAT IS VALID, ACTION IS REQUIRED TO
MAINTAIN SAFETY OF PERSONNEL. SECONDARY CONSIDERATION IS GIVEN TO
DAMAGE REDUCTION.

EVACUATION

A number of factors may influence the decision whether or not to evacuate.

Threat assessment is the primary consideration. Also, the most likely place for a device
to be located is on the exterior of the building. Evacuation to the outside of the building
may increase the danger to personnel. The second most likely places to conceal a device
are those areas of accessibility to the public, i. e., hallways, lobbies, and restrooms.
Evacuation of personnel through public areas may increase the hazard. Secondary

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assembly points should be established in the event the device is located at/near the
primary assembly point.

An alternative to total evacuation is partial evacuation, which is effective when the

threat indicates the specific location of the device. Partial evacuation requires a high
degree of planning. Should a device be located, the area around the item as well as the
floors above and below the suspected item should be evacuated immediately.

SEARCH PROCEDURES

1. WHAT WILL BE SEARCHED?

2. WHAT SEARCH TECHNIQUES WILL BE EMPLOYED?
3. WHO WILL SEARCH?

The search must be thorough, systematic, and quick. The bomb threat plan
should include floor diagrams and room search cards. These expedite search, prevent
duplication of effort, and prevent areas from being overlooked. The building search
should start simultaneously at four places; the exterior search, public search area, the
detailed room search, and the garage search. The search starts at the lowest part of the
building, i.e. basement, garage, or bottom floor. As the exterior search and public area
search teams complete their tasks, they will supplement the detailed room search teams
in progress. Two-person teams have proven most effective in searching must areas.
Exceptions would be for search or very large areas such as parking garages and
auditoriums.

Except for the most unusual circumstances for VIP and or presidential technical
security measures, eod/bomb squad and military/police will not be used to search for
reported explosive device in community areas, building and offices. Rather, such
searches must be conducted by designated individuals familiar to the area and its
contents. If an unusual item is found, eod is to neutralize and evacuate the device for
disposal. Law enforcement personnel are to be employed around the threatened area to
control traffic and provide other regulatory service.

DAMAGE REDUCTION

Damage control techniques include standby of fire and medical services; disconnection
of gas, fuel, and electrical power; evacuation of personnel; and venting by opening doors
and windows to minimize blast damage, and use of blast attenuation techniques.

REMOVAL

Removal of an improvised explosive device or a suspect item is an eod function. Under

certain conditions where evacuation is impossible or bomb disposal personnel are not
available, it may be necessary for someone to take steps to remove the ied to an exterior

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holding area or to neutralize the device. It must be understood that these procedures
should be used ONLY AS A LAST RESORT AND ONLY ON THE APPROVAL OF THE SENIOR
OFFICIALS IN-CHARGE.

DETONATION

If a detonation occurs, it may be necessary to organize rescue teams, first-aid

personnel, and the site security personnel. Likewise course of action taken must be done
such as:

1. secure and control access to the compound/and or building

2. control and extinguish fires
3. search area for secondary explosive device
4. supply immediate first-aid, remove dead and injured from the area
5. secure entire blast scene, including area suspected or known to be the point
of detonation
6. minimize disruption of the blast scene pending investigation. Do not move or
remove any evidence debris, bomb components.
7. Photograph area including known or suspected point of destruction
8. If building is safe to enter, shake down area to ensure all classified materials

BOMB THREAT

It is a message delivered by any means, warning or claiming the presence of one

or more bombs. A bomb threat may or may not specify the location of a bomb. It may or
may not include the time of detonation/ignition. It may or may not contain an ultimatum
related to the detonation/ignition or concealment of the bomb. Reasonable
explanations for receiving a bomb threat:

1. The caller has definitive knowledge or belief that an explosive or incendiary

device has been r will be placed in an area and wants to minimize personal injury
or property damage.
2. The caller wants to create an atmosphere of anxiety and panic which will in turn,
possibly result in a disruption of normal activities at the target area.
3. The caller wants to bring about or amplify a lack of confidence in the existing
leadership or programs.
4. Each threat received through any means of communication, should be treated as
real and must be thoroughly evaluated to safeguard life and property. The
following procedures apply to recipients of the threat;

Telephone calls
1. A checklist of guidelines should be readily accessible (telephone bomb threat
report form)

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 2. Keep the caller on line as long as possible. Ask him to repeat the message.
Record every word spoken by the person.
3. If the caller does not indicate the location of the bomb or the time of the
possible detonation, you should ask him for this information.
4. Inform the caller that the building is occupied and the detonation of a bomb
could result in death or serious injury to many innocent people.
5. Pay particular attention to peculiar background noises such as motors running,
background music and any other noises which may give clue as to the location of
the caller.
6. Listen closely to voice (male/female), voice quality (calm/excited), accents and
speech impediments, immediately afer the caller hangs up, you should report to
the person designated by management to receive such information. Since the
law enforcement personnel will want to talk first hand with the person who
received the call, he/she must remain available until they arrive.
7. Report the information immediately to the police/fire/bomb squad and other
appropriate agencies or counter-action.

Handwritten/ typed notes

Save all materials, including any envelope or container. Once the message is
recognized as a bomb threat, further unnecessary handling must be avoided. Every
possible effort must be made to retain evidence, such as fingerprints, handwriting r type
writing, paper and postal marks which are essential to tracing the threat and identifying
the writer. While written messages are usually associated with generalized threats and
extortion attempts, a written warning of a specific device may occasionally be received.
It should never be ignored. With the growing use of voice print identification techniques
to identify and convict telephone callers, there will be an increase in the use of written
warnings and calls t third parties.

Person to Person (Indirect)

Notify your supervisor immediately. Keep the person making the threat or
indicating knowledge of a threat under surveillance until relieved by your supervisor.
Take note of the age, height, weight, sex color of eyes, hair, skin, clothing, and unusual
characteristics such as lameness, twitching or any peculiarities of the person under
surveillance. Observe for other personal defects. If the person leaves the scene, take
note of the transportation used, such as bus, taxi or car, note the make, model, color,
plate number and marking of the vehicles used. Pinpointing the exact location of the
bomb must be the primary concern. The following procedures apply when the location
of the bomb is known:

1. Inform immediately your supervisor or officer

2. Coordinate with the nearest police4 unit on how t avail the services of the
bomb squad

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 3. Alert fire station and medics
4. Cordon the area.
BOMB IDENTIFICATION AND DETECTION

Usually, bombs that are used for terroristic purposes are disguised and are
contained in any of the following:

GIFT WRAPPED PACKAGES, BISCUIT CANS, FRUIT COCKTAIL BASKETS, ATTACHE

CASE/SUIT CASE, LUNCH BOXES, LAUNDRY BAGS, SHOPPING BAGS, ENVELOPE,
BOOKS, CLUTCH BAGS, LETTERS, TRASH BOXES, GARBAGE CANS, LADIES BAGS,
CAR/BOXES, CARTONS,

HOW TO DETERMINE IF BOMB EXISTS

1. By using visual inspection without the use of any instrument or apparatus or

touching the suspected object.
2. Visualize the suspected object at a distance t see if there is any relation or
connection to its surroundings. If none, take a closer look to see if there is or
there are protruding wires or gadgets;
3. check without touching if the suspected object emits smell of gas or commonly
smelled chemicals;
4. check if the presence of the suspected object in the area is unusual or strange;
5. be quiet and listen if there is a tic-tac sound of a clock

LOCATION OF BOMBS

1. The location of the bomb at the target site is usually determined by three
criteria:
2. The location must be accessible to entrances.
3. The location must be accessible to exits, but isolated enough for the bomber to
conduct his mission.
4. The location would also be as place where the most structural damage to the
building would occur.

WHAT TO DO IF THE SUSPECTED BOMB IS LOCATED

Discovery of what appears to be suspicious material as a result of telephoned

information or accidental discovery, calls for action on the part o the individual only to a
limited extent. Evacuate the personnel to at least 300 feet away from the
building/bomb. Turn off the electrical and gas units. N attempts should be made to
move, alter, open or examine the article. Above all “Don’t panic”. Once it has been
determined that explosive items on inspected package exist and while awaiting for the
arrival of eod/bomb squad personnel, start the protective works by utilizing minimum
number of person for reason of safety such as VENTING – which is the opening of doors

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and windows to minimize the blast effect; BUTTRESSING – which is sandbagging
adjacent walls to prevent blast and shock damage to adjacent rooms and BAFFLING –
which is the placing of sandbags around the bomb to minimize blast fragment damage.

METHODS OF DELIVERY - Mail, Planted (booby trapped), Thrown, Projected, Delivered

by agents

WHAT TO DO WHEN BOMB EXPLODED - Alert personnel for possible additional bombs,
secure bombing scene and evacuate the injured, leave obviously dead personnel, when
fire occurs afer explosion, assist in putting off the fire and collect and preserve
evidence.

DON’T’S IN HANDLING SUSPECTED BOMB PACKAGE

1. Do not attempt to open the package.

2. Do not submerge in water due to conductivity f electric circuit and the possibility
of violent reaction of chemical.
3. Do not indiscriminately shake or jar suspected package due to the possibility of
disturbing the trigger mechanism.
4. Do not puncture or cut the box with metallic object as the possibility of an
electronic probe may be employed.
5. Do not cut string or unwrap package due to the possibility of pressure release
type devices
6. Do not accept identification markings on any suspected packages as legitimate
7. Do not allow radio transmission near the vicinity f suspected package, explosion
may occur due to static electricity by transmitter.
8. Do not pass metallic tools or things over or near the vicinity of suspected
package until identification f contents are made due to magnetic device present
9. Do not switch on lights or any electrical switches just to light up the area
10. Do not use siren of police, fire or ambulance in the area.
11. Do not use photoflash in the immediate area
12. Do not underestimate the size of the package like a pack of cigarette or a lighter;
it could be a powerful explosive. Above all, do not panic.

THREE CHARACTERISTICS OF A BOMBER

ON PSYCHOLOGY
 Several forms of bombings are attractive to the radical mind.
 Bombing historically is linked to anarchy and classical revolution
 Bombing is a symbol of extreme frustration
 Satisfying feeling of conspiracy, danger, action, drama and finally group
excitement
 Disassociation psychologically from any resulting death or injury

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 AS TO TECHNOLOGY
 Commercial explosive materials are not necessary to construct effective
bombs.
 Underground literatures and legitimate publications are available
 Contrary to popular beliefs, college of high school students taking up
chemistry subjects has the capability of making bombs.

AS TO SECURITY
 Successful bombings destroy the kind of evidence that can lead to conviction
of bombers.
 Fingerprints, bloodstains and tool marks offer no threat to the careful
bombers.
 Eyewitnesses and incriminating evidence are frequently not available in
bombing scene.

BOMBER SKILL MOTIVATING FACTORS OF A

LEVEL BOMBER
Amateur Experimentation
Semi-professional Vandalism
Professional Ideological perception
Emotional release
Profit

SPECIAL WEAPONS AND TACTICS (SWAT): Tactical Crisis Management

Tactical Crisis Management

SWAT Teams

SWAT teams are highly trained police units. A unit is a small group within a larger
group. SWAT stands for Special Weapons and Tactics. Tactics are actions aimed at solving
problems. SWAT team members are weapons and tactics specialists. A specialist is a
person trained for a particular job. SWAT team members use their special weapons,
tactics, and training to protect the public. They handle police emergencies. An
emergency is a sudden and risky situation. Police send SWAT teams to any kinds of
police emergencies. The emergencies ofen involve one or more heavenly armed
suspects. A suspect is a person believed to have committed a crime. SWAT teams work
on hostage situations. A hostage is a person held against his or her will. SWAT teams
perform many jobs. They come to robberies that are in progress. They help guard
government officials. They help stop terrorists. A terrorist is a person who tries to get

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what he or she wants by threatening or harming others. SWAT teams also patrol high-
crime areas.

SWAT Team Names

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

SWAT Team Beginnings

The New York Police Department (NYPD) had one of the earliest specially trained
police units. In the mid-1880s, the NYPD set up small units of police officers. The
department called these units strong-arm squads. The squads fought criminal gangs.
Police clubs were their only weapons. By the 1920s, criminal gangs had grown in
size and power. The gangs bought handguns, rifles and submachine guns. A submachine
gun is a light gun that fires rapidly. The criminal gangs fought one another on New York
City streets. Many innocent people died. In 1925, the NYPD formed the Emergency
Service Unit (ESU). The department also formed the Gunman’s Squad as part of the unit.
The squad included 60 heavily armed police officers. The officers had handguns, rifles
and submachine guns. They worked on cases involving criminal gangs. They patrolled the
city in green trucks. Other large police departments formed early SWAT team units.
These units also worked to stop criminal gangs.

Growth and Change

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

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The LAPD SWAT TEAM

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

SWAT Team Officers

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

Training

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

Special Teams

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

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Negotiator Teams

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

Containment Teams

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

Entry Teams

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

SWAT TEAMS OPERATIONS

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

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Peaceful Tactics

Waiting is one peaceful tactics SWAT teams use. SWAT teams sometimes wait for
hours before they take more forceful action. Waiting gives suspects a chance to think
about what they are doing. SWAT teams try to resolve police emergencies with peaceful
tactics. It also suspects time to think about what may happen to them. Sometimes
suspects surrender afer they have time to think. Persuasion and negotiation are other
tactics SWAT team’s use. Persuasion is trying to change a person’s mind. Negotiation is
talking to reach an agreement. The goal of these tactics is to talk suspects into
surrendering without harming others. Many times, SWAT teams use other tactics in
combination with persuasion and negotiation. For example, teams may cut the heat or
air. They may constantly ring doorbells or call suspects on the phone. These tactics
make the suspects nervous. Sometimes they make criminals more willing to surrender.

Forceful Tactics

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

Tear Gas

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

Entering a Building

Sometimes officers must enter buildings to try to capture suspects. Entry teams
meet at a staging are before entering a building. A staging area is a safe area near a
building that officers plant to enter. Entry team members check their equipment and
weapons at staging areas. They also go over their plans for entry. Next, the entry teams
enter buildings. They must ofen break through barricaded doors and windows. Once
inside, officers search rooms and hallways. They search until they locate suspects and
hostages. Entry team officers try to capture and disarm suspects. Disarm means to take
away a person’s weapons. Many times suspects surrender when they see entry teams.
Sometimes suspects shoot at the officers. The officers shoot back. Entry team officers

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ofen turn captured suspects over to arrest teams. Arrest teams arrest captured
suspects. They make sure nothing goes wrong during arrest. They may also help
hostages out of buildings.

Sharp shooting Teams

Sharpshooters may have to shoot suspects. This may become necessary if

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

Sharp shooting Team Operations

Sharp shooting teams choose locations that give them clear views of suspects.
Both members examine crime scenes from their location. Observers provide information
about suspects to sharpshooters and SWAT team leader. The information includes
descriptions of suspects, their weapons, and their positions in buildings. Observers’
information helps sharpshooters make sure they do not shoot at innocent people.
Sharpshooters stay calm and keep their weapons aimed at suspects. Orders to shoot a
suspect can come at any time during an operation.

Special Weapons

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

Stun Guns and Rubber Bullets

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

Semi – automatic Handguns

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

Shotguns

Sometime SWAT team officers use shotguns. A shotgun is a powerful gun wit a
long barrel. Shotguns are mainly short-range weapons. They may be single-shot or
semi-automatic weapons. Shotguns fire large bullets called shells. SWAT teams ofen
use the Benelli M3 Super 90 shotgun. This shotgun is a semi-automatic. It holds up to
seven shells stored in a magazine.

Submachine Guns

SWAT teams use submachine guns during shootouts with heavily armed
suspects. Submachine guns fire rapidly but are not easy to aim. SWAT team submachine
guns can fire single or multiple rounds. They fire multiple rounds in short and long burst.
A short burst is a quick series of two or three rounds. A long burst is a quick series of
four to eight rounds. Many SWAT teams use the Heckler and Koch MP-5 submachine
gun. Most MP-5 can fire 30 shots in just two seconds.

Standard Rifle

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

High-Powered Rifles

SWAT team officers use high-powered rifles for long-distance shooting.

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

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punch through metal and concrete. Officers use these rifles to shoot at suspects inside
buildings.

Equipment and Dogs

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

Uniforms

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

Armored Vests and Shields

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

Goggles and Gas Masks

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

Entry Tools

Entry team officers ofen need tools to get into barricaded buildings. Basic tools
include ropes and ladders. Tools can also include battering rams, sledgehammers, and
axes. A battering ram is a heavy metal tube. Officers use battering rams to force open
doors. Entry teams recently started using small amounts of explosives. The explosives

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can blow holes in doors and walls. But the explosives present little danger to SWAT team
members and suspects.

Helicopters

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

Walkie Talkies and Telephone

Communications is important to SWAT team officers. Officers ofen use walkie

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

Swat Team Dogs

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

Facing the Risks

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

JUVENILE DELINQUENCY & CRIME PREVENTION

DEFINITION OF TERMS

ABANDONMENT - The most common legal grounds for termination of parental

rights, also a form of child abuse in most states. Sporadic visits, a few phone calls, or
birthday cards are not sufficient to maintain parental rights. Fathers who manifest
indifference toward a pregnant mother are also viewed as abandoning the child when it
is born.

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 ABUSE - Term for acts or omissions by a legal caretaker. Encompasses a broad
range of acts, and usually requires proof of intent.

ADJUDICATION - The phase of a delinquency hearing similar to a "trial" in adult

criminal court, except that juveniles have no right to a jury trial, a public trial, or bail.

ADMINISTRATIVE PROCEDURE - Any of the processes involving enforcement of

care, custody, or support orders by an executive agency rather than by courts or judges.

ADOPTION - A legal relationship between two people not biologically related,

usually terminating the rights of biological parents, and usually with a trial "live-in"
period. Once an adoption is finalized, the records are sealed and only the most
compelling interests will enable disclosure of documents.

BEST INTERESTS OF THE CHILD RULE - Legal doctrine establishing court as

determiner of best environment for raising child. An alternative to the Parens Patriae
Doctrine.

BREED v. JONES (1975) - Case allowing second prosecution in adult court for
conviction in juvenile court, based on idea that first conviction was a "civil" matter.

CASE LAW - Law established by the history of judicial decisions in cases decided
by judges, as opposed to common law which is developed from the history of judicial
decisions and social customs.

CHILD PROTECTION ACTION - The filing of legal papers by a child welfare agency
when its investigation has turned up evidence of child abuse. This is a civil, rather than
criminal, charge designed to take preventive action (like appointment of a Guardian ad
litem) for at-risk children before abuse occurs.

CHILD SUPPORT – the act of being responsible for enforcing child support
obligations.

CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990 federal law allowing
courts to take extraordinary steps in protecting the emotional health of any child called
to testify in a courtroom.

CHINS (Child In Need of Supervision) - A term applied to status offenders

adjudicated in juvenile court.

CIVIL PROTECTION ORDER - A form of protective custody in which a child welfare

or police agency orders an adult suspected of abuse to leave the home.

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 CUSTODIAL CONFINEMENT - Court order for placement in a secure facility,
separate from adults, for the rehabilitation of a juvenile delinquent.

DELINQUENCY PROCEEDING - Court action to officially declare someone a

juvenile delinquent. A "delinquent" is defined as under the age of majority who has
been convicted in juvenile court of something that would be classified as a crime in adult
court.

DEPENDENT - Anyone under the care of someone else. A child ceases to be a

dependent when they reach the age of emancipation.

DeSHANEY v. WINNEBAGO COUNTY (1989) - Case limiting extent by which

government exercises parens patriae power.

DISPOSITION - Phase of delinquency proceeding similar to "sentencing" phase of

adult trial. The judge must consider alternative, innovative, and individualized sentences
rather than imposing standard sentences.

DIVERSION - An alternative to trial decided upon at intake to refer the child to

counseling or other social services.

EMANCIPATION - Independence of a minor from his or her parents before

reaching age of majority.

EQUAL PROTECTION – A clause requiring government to treat similarly situated

people the same or have good reason for treating them differently. Compelling reasons
are considered to exist for treating children differently.

FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing unemancipated

children from suing their parents.

FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries
caused by a child's negligent driving or other actions.

FOSTER CARE - Temporary care funded via Federal-State pass-through and

arranged by a child welfare agency in order to allow receipt of adequate food, clothing,
shelter, education, and medical treatment for anyone raising a child that is not their
own.

GUARDIAN AD LITEM - Phrase meaning "For the Proceeding" referring to adults

who look afer the welfare of a child and represent their legal interests.

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 GUARDIANSHIP - Court order giving an individual or organization legal authority
over a child. A guardian of the person is usually an individual and the child is called a
ward. A guardian of the estate is usually an organization, like a bank, which manages the
property and assets of a child's inheritance. Guardians are usually compensated for their
services.

ILLEGITIMACY - Being born to unmarried parents. The law assumes legitimacy via
a married mother's husband, whether or not this is the true father. Illegitimacy status
limits inheritance rights.

IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as

having some temporary parental rights & obligations.

IN RE GAULT (1967) – (US) - Case that determined the Constitution requires a

separate juvenile justice system with certain standard procedures and protections, but
still not as many as in adult systems.

INTAKE - Procedure prior to preliminary hearing in which a group of people

(intake officer, police, probation, social worker, parent and child) talk and decide
whether to handle the case formally or informally.

JUDGMENT - Any official decision or finding of a judge or administrative agency

hearing officer upon the respective rights and claims of parties to an action; also known
as a decree or order.

KENT v. U.S. (1966) - Case requiring a special hearing before any transfers to
adult court.

MATERNAL PREFERENCE RULE - Legal doctrine granting mothers custodial

preference afer a divorce.

NEGLECT - Parental failure to provide a child with basic necessities when able to
do so. Encompasses a variety of forms of abuse that do not require the element of
intent.

PARENS PATRIAE - Legal doctrine establishing "parental" role of state over

welfare of its citizens, especially its children. A 19th century idea first articulated in
Prince v. Massachusetts (1944).

PAROLE - Release of a juvenile delinquent from custodial confinement prior to

expiration of sentence; sometimes called afercare.

PATERNITY - Result of lawsuit forcing a reluctant man to assume obligations of

fatherhood. Blood and DNA tests showing a 98 or 99 percent likelihood are the standard.

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Laws vary widely in terms of statutes of limitations and when paternity actions will not
be allowed (estoppels).

PLEADING - In juvenile court, a plea of "not guilty" will move the case to
adjudication, and a plea of "guilty" or "nolo contendere" will result in waiver of the right
to trial. State procedures vary widely in how intelligent and voluntary pleas are
accepted.

PRELIMINARY HEARING - The bringing of a juvenile before a magistrate or judge

in which charges are formally presented. Similar to an arraignment in adult court, and
also called "advisory hearings" or "initial appearances" in some state juvenile justice
systems.

PREVENTIVE DETENTION - Keeping a juvenile in custody or under a different

living arrangement until the time when adjudication can take place. Upheld in Schall v.
Martin (1984), but the right to speedy trial requires the dropping of charges if an
unreasonable amount of time is spent in preventive detention.

PROTECTIVE CUSTODY - Emergency, temporary custody by a child welfare

agency, police agency, or hospital for reasons of imminent danger to the child. A hearing
must be held for the benefit of the parents within a few days.

PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine granting custody to the

parent whom the child feels the greatest emotional attachment to.

RESTITUTION - A disposition requiring a defendant to pay damages to a victim.

The law prohibits making restitution a condition of receiving probation. Poor families
cannot be deprived of probation simply because they are too poor to afford restitution.
Some states do not allow families to pay restitution.

RULE OF SIXTEEN – (US) - Federal and state laws that prohibit anyone under age
16 from employment.

STANFORD v. KENTUCKY (1989) - Case in which it was determined constitutional

to execute juveniles between the ages of 16-18, but unconstitutional if they committed
crimes while under age 16. Won by a narrow majority, as in the 1988 case of Thompson
v. Oklahoma which relied upon "standards of decency".

STATUS OFFENSE - An activity illegal when engaged in by a minor, but not when
done by an adult. Examples include truancy, curfew, running away, or habitually
disobeying parents.

STEPPARENT - A spouse of a biological parent who has no legal rights or duties to

the child other than those which have been voluntarily accepted.

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 SURROGATE PARENT - A parent who provided an egg, sperm, or uterus with
intent of giving the child up for adoption to specific parties.

TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is "unfit", very
young children should be placed in custody with their mother following a divorce.

TERMINATION HEARINGS - Process for legally severing the parent-child

relationship. Initiated by the filing of a petition in family court, and almost always
brought forth by a child welfare agency. Requires a finding of "unfitness" and a
determination of the best interests of the child.

UNFIT PARENT - A temporary or permanent termination of parental rights in the

best interest of the child usually for reasons of abandonment, abuse, or neglect, but also
including mental illness, addiction, or criminal record. Poverty alone and character flaws
are prohibited by law from being indicators of "unfitness".

ENVIRONMENTAL FACTORS TO DELINQUENCY

Families, peers, schools, and socioeconomic status are all social factors that are
examined in many of the causal theories. Demographics and the relationships one has
in society are also examined in some of the explanatory theories. Families are important
to consider when we explain juvenile delinquency. The family unit is crucial to a child's
development and healthy upbringing. In addition, much of what a child learns is through
their family or guardians. A criminal parent can teach their child adverse lessons about
life when their child views or witnesses their parent's delinquent behavior. Peers can
also teach an adolescent or child criminal behavior just as the family member can.
Family members and peers can also cause delinquent patterns of behavior by labeling
their child as delinquent. This is somewhat of the "if the shoe fits, wear it" saying. If a
child feels as though they are viewed as delinquent, then they will act as such and find a
sense of self-esteem by doing so.

Even though the family and peers (as well as the school) can influence a juvenile
to participate in crime, the decision still rests on their shoulders. Some theorists argue
that participation in crime is a rational choice and that the rewards and consequences
are carefully calculated out by the individual. The choice to commit a crime can by
influenced by many factors, including the ones that I outlined here. However, if a
juvenile has many ties or bonds to members in society, they are less likely to make the
choice to commit a crime for fear of ridicule, embarrassment, or scorn from those they
associate with. The demographic characteristics of a person's living environment can
also be a contributing factor to criminal patterns of behavior. Adverse living conditions
and a crime-prone neighborhood can lead to criminal activity. There are also various
structural theories that can put juvenile delinquency in a context of better
understanding.

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 In order to simplify the environmental sources of delinquency, the following are
considered:

FAMILY BACKGROUND

The Home - The family or the home is one of the most influential environmental
factors that would lead a person to either a law abiding or a criminal. It is said that the
home is considered as the “cradle of human personality” for in it the child forms
fundamental attitudes and habits that endure through out his life.

The kind of conscience the child develops depends largely upon the kind of
parents he has. The parents are the most influential persons in the family when they
give love, attention, guidance, security, standards and all other things that the child
needs, the children are the mirror of the home for they reflect what the home look like.
Thus, a child who was provided with love, attention, guidance, security, standards and all
other things he needs comes to regard people as friendly, understanding, dependable,
loyal, and worthy of his respect and admiration. On the other hand, if he experienced
cold, despairing, rejecting, neglectful, and cruel environment in the home, most likely he
will learn to distrust, disobey, dislike and even to hate people (Tradio, 1983).

Given a home, the child tends to become law abiding if the following conditions
are met:

1. The Child is loved and wanted and knows it.

2. He was helped to grow up by not having too much or too little done for him.
3. He is part of the family; he has fun with the family he belongs.
4. His early mistakes and badness are understood as a normal part of growing and
he is corrected without being hurt, shamed or confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do to his sisters and brothers.
7. The family sticks together with understanding and cooperation.
8. He is moderately and consistency disciplined.

The family is the primary institution that molds a child to either a law-abiding
person or a delinquent. The effects of pathological social relations in the home are to a
great extent influence anti- social behaviors. This means that the home can be a potent
force of either good or evil.

(See Discussion of the Pathogenic Family structures)

THE BROADER SOCIAL PROCESS

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 Bad Neighborhood - refers to areas or places in which dwelling or housing
conditions are dilapidated, unsanitary, and unhealthy which are detrimental to the
moral, health, and safety of the populace. It is commonly characterized by overcrowding
with disintegrated and unorganized inhabitants and other close relatives. Most
inhabitants in a bad neighborhood are experiencing economic difficulties, alcoholism,
substance abuse, gambling and many other problems in life. This connotes that bad
neighborhood is the habitat of bad elements of society by reason of anonymity because
the situation is so conducive for the commission of crimes. Bad elements prefer to dwell
in such community not only because of the sense of anonymity among its members but
also because they are not welcome in decent places.

The School - Part of a broader social process for behavior influence is the school.
It is said that the school is an extension of the home having the strategic position to
control crime and delinquency. It exercises authority over every child as a constituent.
The teachers are considered second parents having the responsibility to mold the child
to become productive members of the community by devoting energies to study the
child behavior using all available scientific means and devices in an attempt to provide
each the kind and amount of education they need. The school takes the responsibility of
preventing the feeling of insecurity and rejection of the child, which can contribute
directly to maladjustment and to criminality by setting up objectives of developing the
child into a well-integrated and useful law-abiding citizen. The school has also the role of
working closely with the parents and neighborhood, and other community agencies and
organizations to direct the child in the most effective and constructive way.

However, the school could be an influence to delinquency and criminality when

teachers are being disliked for they are too cross, crabby, grouchy, never smile, naggers,
sarcastic, temperamental, unreasonable, intolerant, ill mannered, too strict, and unfair.
Conditions like these makes the students experience frustration, inadequacy, insecurity,
and confusion, which are most of the time the “kindergarten of crime”. In short, next to
parents the teachers stand as foremost in their influence to human behavior.

The Church - Religion is a positive force for good in the community and an
influence against crime and delinquency. The church influences people’s behavior with
the emphasis on morals and life’s highest spiritual values, the worth and dignity of the
individual, and respect for person’s lives and properties, and generate the full power to
oppose crime and delinquency. Just like the family and the school, the church is also
responsible to cooperate with institutions and the community in dealing with problems
of children, delinquents and criminals as regardless to the treatment and correction of
criminal behaviors.

The Police - is one of the most powerful occupation groups in the modern
society. The prime mover of the criminal justice system and the number one institution
in the community with the broad goals maintaining peace and order, the protection of
life and property, and the enforcement of the laws. The police is the authority having a

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better position to draw up special programs against crime because it is the very reason
why the police exist. That is to protect the society against lawless elements since they
are the best equipped to detect and identify criminals. The police is the agency most
interested about crime and criminals and having the most clearly defined legal power
authority to take action against them.

Government and Other Components of the CJS - The government and the other
components of the criminal justice system are the organized authority that enforces the
laws of the land and the most powerful in the control of people. Respect for the
government is influenced by the respect of the people running the government. When
the people see that public officers and employees are the first ones to violate the laws,
people will refuse to obey them, they set the first ones to follow and create an
atmosphere conductive to crime and disrespect for the law. In this regard, the
government itself indirectly abets the commission of crimes.

Non-Government Organizations (NGOs) - The group of concerned individuals

responsible for helping the government in the pursuit of community development being
partners of providing the common good and welfare of the people, these non-
government organizations are good helpers in providing the required services, thus
preventing criminality and maintain order.

The Mass Media - The media is the best institution for information dissemination
thereby giving the public necessary need to know, and do help shape everyday views
about crime and its control.
CONCEPTS OF JUVENILE DELINQUENCY

Delinquency in General

Delinquency refers to any action; course or conduct that deviate from acts
approved by the majority of people. It is a description of those acts that do not conform
to the accepted rules, norms and mores of the society (sociological definition)
Delinquency, therefore, is a general term for any misconduct or misbehavior that is
tantamount to felony or offense. It is, however distinct from crime in the sense that the
former may be in the form of violation of law, ordinance or rule but it is punishable only
by a small fine or short-term imprisonment or both. Legally speaking, delinquency
means the failure to perform an act required by law, or the non-performance of a duty
or obligation that is mandated by existing law or rule.

Juvenile Crime

Juvenile Crime, in law, term denoting various offences committed by children

or youths under the age of 18. Such acts are sometimes referred to as juvenile
delinquency. Children's offences typically include delinquent acts, which would be

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considered crimes if committed by adults, and status offences, which are less serious
misbehavioral problems such as truancy and parental disobedience. Both are within
the jurisdiction of the juvenile court; more serious offences committed by minors may
be tried in criminal court and be subject to prison sentences. In law, a crime is an
illegal act committed by a person who has criminal intent. A long-standing
presumption held that, although a person of almost any age can commit a criminal act,
children under 14 years old were unlikely to have criminal intent. Many juvenile courts
have now discarded this so-called infancy defense and have found that delinquent acts
can be committed by children of any age.

Juvenile Delinquency

The term juvenile delinquency is used to describe a large number of disapproved

behaviors of children or youths. In this sense, almost anything that the youth does which
others do not like is called juvenile delinquency. However, criminologist suggested the
following factors of juvenile delinquency:

1. Juvenile delinquency includes the behavior specifically defined as delinquent

according to the various existing laws and ordinances concerning children or
youth.
2. The definition of juvenile delinquency must take into account the social
reality that reflected through the media. Books, movies and television help
people to define a particular reality for them. If the media systematically
portrays particular behavior as delinquent, they ofen come to be accepted as
real.
3. While almost all children engage in behavior that is in violation of juvenile
codes and laws, we believe that ultimately, juvenile delinquents refers to
youths who have been successfully defined as delinquents.

In a more specific view, acts of juvenile delinquency include violation of laws such
as those defined by juvenile codes and laws.

The Delinquent Person

A delinquent person is one who repeatedly commits an act that is against the
norms or mores observed by the society. When a person habitually commits an act that
is not in accordance with the rules or policies of a community where he belongs, he is
considered a delinquent.

The Juvenile Delinquent

Juveniles are young people who are regarded as immature or one whose mental
as well as emotional faculties are not fully developed thus making them incapable of

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taking full responsibility of their actions. In legal points, the term juvenile is a person
subject to juvenile court proceedings because of a statutorily defined event or condition
caused by or affecting that person and was alleged to have occurred while his or her age
was below the specified age limit.

Brief History of Juvenile Delinquency

The harsh beginning - Children were viewed as non-persons until the 1700's.
They did not receive special treatment or recognition. Discipline then is what we now
call abuse.

There were some major assumptions about life before the 1700's. The first
assumption is that life was hard, and you had to be hard to survive. The people of that
time in history did not have the conveniences that we take for granted. For example, the
medical practices of that day were primitive in comparison to present-day medicine.
Marriages were more for convenience, rather than for child-bearing or romance. The
second assumption was that infant and child mortality were high. It did not make sense
to the parents in those days to create an emotional bond with children. There was a
strong chance that the children would not survive until adulthood.

At the end of the 18th century, "The Enlightenment" appeared as a new cultural
transition. This period of history is sometimes known as the beginning of reason and
humanism. People began to see children as flowers, which needed nurturing in order to
bloom. It was the invention of childhood, love and nurturing instead of beatings to stay
in line. Children had finally begun to emerge as a distinct group. It started with the
upper-class, who were allowed to attend colleges and universities.

Since ancient times, enlightened legal systems have distinguished between

juvenile delinquents and adult criminals. Generally, the immature were not considered
morally responsible for their behavior. Under the Code Napoléon in France, for
example, limited responsibility was ascribed to children under the age of 16. Despite
the apparent humanity of some early statutes, however, the punishment of juvenile
offenders was ofen severe until the 19th century.
Prior to the 20th century, juvenile offenders were ofen treated as adults. The
first development contrary to this in the United Kingdom was the establishment of
Borstal training center in place of normal imprisonment, which was intended to build
up the offender's character. They were unsuccessful, and since the 1960s, policy has
been directed away from the detention of young offenders towards treatment in the
community, beginning with avoiding court altogether. The police are encouraged to
caution juveniles who admit an offence, unless they are persistent offenders.
When juvenile offenders are dealt with more formally, they are tried by a
dedicated juvenile court, having as little contact with the mainstream system as
possible. There is considerable emphasis on parental responsibility, and the parents

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may be ordered to pay the juvenile's fine, or be liable to pay a sum of money if the
child is in trouble again.
If the courts need to punish juveniles, they can utilize community sentences.
Attendance centers orders, for example, require juveniles to attend during their leisure
hours at centers where they will be given a program of constructive activities.
Supervision orders put juveniles under the supervision of a social services department,
and may include compulsory activities. Those aged 15 and over may also be sentenced
to probation orders (supervision), community service orders (compulsory work under
supervision), or a combination of both.
If juveniles are to be detained, those aged 15 or over may be held in a young
offender institution for between 2 and 12 months. Younger offenders can only be
detained in the most serious of cases, and there are national units to deal with them. All
Offenders aged 10 to 13 can be detained only if convicted of manslaughter or murder.

Perceived Causes of Delinquency

Many theories concerning the causes of juvenile crime focus either on the
individual or on society as the major contributing influence. Theories focusing on the
individual suggest that children engage in criminal behavior because they were not
sufficiently penalized for previous delinquent acts or that they have learned criminal
behavior through interaction with others. A person who becomes socially alienated
may be more inclined to commit a criminal act. Theories focusing on the role of society
in juvenile delinquency suggest that children commit crimes in response to their failure
to rise above their socio-economic status, or as a repudiation of middle-class values.
Most theories of juvenile delinquency have focused on children from
disadvantaged families, ignoring the fact that children from affluent homes also
commit crimes. The latter may commit crimes because of the lack of adequate
parental control, delays in achieving adult status, or simply because they get
enjoyment from it. All theories, however, are tentative and are subject to criticism.
The family unit has also experienced changes within the past two or three
decades. More families consist of one-parent households or two working parents;
consequently, children are likely to have less supervision at home than was common in
the traditional family structure. This lack of parental supervision is thought to have an
influence on juvenile crime rates. Other identifiable causes of delinquent acts include
frustration or failure in school, the increased availability of drugs and alcohol, and the
growing incidence of child abuse and child neglect. All these conditions tend to
increase the probability of a child committing a criminal act, although a direct causal
relationship has not been established.

Juvenile Delinquency Prevention

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"...I urge you to consider this: As you demand tougher penalties for those who choose
violence, let us also remember how we came to this sad point." "...We have seen a
stunning and simultaneous breakdown of community, family, and work. This has created
a vast vacuum which has been filled by violence and drugs and gangs. So I ask you to
remember that even as we say no to crime, we must give people, especially our young
people something to say yes to." - President Clinton, State of the Union Address, January
25, 1994.

The Urgent Need

Public safety is paramount - government has a duty to protect the public from
kids who can kill. But it is becoming ever more apparent that increasing police,
prosecution, and prisons alone is neither sufficient nor adequately effective in stemming
the tide of youth violence and crime.

A study done in the Philippines on children who sexually abused other children
reached the same conclusion. It found that 80.9% of the respondents experienced some
form of abuse, with 43% experiencing physical abuse from their caregivers. Aside from
the respondents themselves, other members of the family like their mothers
experienced abuse that the respondents witnessed. 36% of the respondents came from
families that have a history of either conflict or abuse or partner or siblings.

Related Factors

There are other factors that are linked to youth offending. There is the gender
factor, particularly in patriarchal societies. Violence is overwhelmingly a male problem.
The roots for this appear to be primarily social rather than biological, highlighting the
inadequacies of current socialization of male children, and the promotion of insensitive
and overbearing male behavioral models and attitudes in many societies. It was also
reported that the inadequate monitoring and supervision of children by parents and
other adults could be crucial in realizing a potential for violence. Studies show that poor
parental supervision or monitoring, erratic or harsh parental discipline, parental
disharmony, parental rejection of the child, and low parental involvement in the child’s
activities are all-important predictors of offending.

List of Predictors

The list below is particularly useful in identifying the components of the

strategies of prevention and early intervention. But the list is not a universal one that
applies to all countries. In any particular country or society, methods of preventing or
treating antisocial behavior should be based on empirically validated theories about
causes.

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 Individual factors:

 Pregnancy and delivery complications

 Low resting heart rate
 Internalizing disorders
 Hyperactivity, concentration problems, restlessness, and risk taking
 Aggressiveness
 Beliefs and attitudes favorable to deviant or antisocial behavior

Family factors

 Parental criminality
 Child maltreatment Poor family management practices
 Low levels of parental involvement
 Poor family bonding and family conflict
 Parental attitudes favorable to substance abuse and violence
 Parent-child separation

School factors

 Academic failure
 Low bonding to school
 Truancy and dropping out of school
 Frequent school transitions

Peer-related factors
 Delinquent siblings
 Delinquent peers
 Gang membership

Community and neighborhood factors

 Poverty
 Community disorganization
 Availability of drugs and firearms
 Neighborhood adults involved in crime
 Exposure to violence and racial prejudice

Delinquency Prevention Measures

In order to prevent the development of delinquent behavior in children, the

factors that increase the risk of the growth of such behavior need to be identified. Once
these factors are identified, then strategies to address them, including enhancing the

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protective factors for children to resist the effect of the risk factors, can be planned and
implemented.

The body of research on delinquency and crime has identified a number of

factors which are linked with development of delinquent behavior. These factors can be
grouped in the following broad categories: the family, the community, the school, the
individual and the peer group.

Within each of these categories, specific risk factors can be identified, such as
child abuse and family disintegration, economic and social deprivation,
low neighborhood attachment, parental attitudes condoning law violating behavior,
academic failure, truancy, school drop-out, lack of bonding with society, fighting with
peers, and early initiation of problem behaviors. The more these risk factors a child is
exposed to, the more likely delinquent and violent behavior may develop. Hence,
pretention strategy is designed to reduce identified risk factors while strengthening
protective factors.

Prevention Strategies - These include healthy beliefs and clear stafdards for
productive, law-abiding behavior, and bonding with adults who adhere to these beliefs
and standards.

Key principles for preventing and reducing at-risk behavaor and delinauency
include8

 Strengthen families in theip role of providing guidance and discipline vnd

instilling sound values as their children's first and primary teachers.

 Support core social institutions, including schools, churches, and other

community-based organizations, to alleviate risk factors and help children
develop to their maximum potential.

 Promote prevention strategies that reduce the impact of risk factors and enhance
the influence of protective factors in the lives of youth at greatest risk of
delinquency.

 Intervene with youth immediately when delinquent behavior first occurs.

 Establish a broad spectrum of graduated sanctions that provides accountability

and a continuum of services to respond appropriately to the needs of each
juvenile offender.

 Identify and control the small segment of serious, violent, and chronic juvenile
offenders.

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 Of course, the implementation of these key principles require all sectors of the
community to take part in determining local needs and in planning and implementing
programs to meet those needs.

Intervention Strategies

The intervention component comprises a range of options that include

immediate interventions (for first-time offenders involved in misdemeanors and
nonviolent felonies) and intermediate sanctions (for offenders who are first time serious
or violent offenders, or repeat offenders who fail to respond to immediate intervention).

Community policing shows considerable promise as a means of early

intervention. The juvenile court plays an important role in the provision of treatment
and sanctions, with probation being the court's principal vehicle for the delivery of
treatment services and community supervision. Continuous case management is crucial
to ensuring timely treatment.

A continuum of community-based care should be provided to meet the

multiple service needs of each juvenile offender. The intervention component calls for
extensive use of non-residential community-based programs, including referral to
prevention programs for most first time offenders. Intermediate sanctions use both
nonresidential and residential placements, including intensive supervision programs for
more serious and violent offenders.

Law Relative to Juvenile Delinquency In the Philippines

Enforcement of the laws related to juvenile delinquency is an important aspect of

the entire prevention measures or strategies. In the Philippines, the following
discussions are related to laws on juvenile delinquency.

Presidential Decree No. 603 - is the Child and Youth Welfare Code of the
Philippines which took effect six months afer its approval in December 10, 1974 (June
10, 1975) applies to persons below eighteen (18) years of age (RA 6809 lowered the age
of minority from 21 to 18 years of age), and such persons are referred to as child, or
minor or youth.

Who is a Youth Offender under PD 603? A youthful offender is a child, minor or

youth, including one who is emancipated in accordance with law, who is over nine years
but less than eighteen years of age at the time of the commission of the offense. A child
nine years of age or under at the time of the offense shall be exempt from the criminal
liability and shall be committed to the care of his father or mother, or nearest relative or
family friend in the discretion of the court and subject to its supervision. The same shall
be done for a child over nine years and under fifeen years of age at the time of the
commission of the offense, unless he acted with discernment, in which case he shall be

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proceeded against in accordance with Article 192. The provisions of Article 80 of the
Revised Penal Code are repealed by the provisions of this chapter (as amended by PD
1179, August 15, 1977).

Related Provisions of Act 3815 (Revised Penal Code) - The provision of Article
189 on the exemption of liability is the same as Article 12, par.2 and 3 of the Revised
Penal Code: “ The following are exempt from criminal liability: xxx … person under 9
years of age; person over 9 years of age and under 15 unless he acted with
discernment, in which case he shall be proceeded against in accordance with Article 80
of this Code (now Article 192 of PD 603) xxx ….”

Article 13 of the Revised Penal Code also states: “The following are mitigating
circumstances: xxx 2. That the offender is under 18 years of age, or over 70 years. In the
case of the minor, he shall be proceeded against in accordance with the provisions of
Article 80 (now Article 192, PD 603) xxx.” This means that the minor offender who is
under 18 is entitled to special privileged mitigating circumstance, hence cannot be off-
set by aggravating circumstances. Under Article 68 of the RPC, a minor who is over nine
but under 15 is entitled to a penalty two degrees lower than that provided by law; while
a minor who is over 15 but under 18 is entitled to a penalty one degree lower than that
provided by law.

Article 190 - It shall be the duty of the law enforcement agency concerned to
take the youthful offender, immediately afer apprehension, to any available
government medical or health officer for physical and mental examination. The
examination and treatment papers shall form part of the record of the case of the youth
offenders.

Article 191 - A youthful offender held for examination or trial or pending appeal,
if unable to furnish ball from the time of his arrest, shall be committed to the care of the
DSWD, or local rehabilitation center in the locality; if not available, the provincial, city or
municipal jail shall provide quarters for youthful offenders separate from other
detainees. The court may, in its discretion, upon recommendation of the DSWD release
the youthful offender on recognizance to the custody of his parents or other suitable
person who shall be responsible for his appearance whenever required. (If detained in
jail, youthful offender is expected to be escorted by a police officer every time the court
requires his appearance).

Article 192 - Suspension of Sentence and Commitment of Youthful Offenders - If

afer hearing, the court finds that the youthful offender has committed the act charged
against him, the court should determine the imposable penalty including the civil
liability. (However, instead of pronouncing judgment of conviction, the court, upon
application of the youthful offender and if it finds that the best interest of the public as
well as that of the youthful offender will be served thereby, shall suspend all further
proceedings and shall commit such minor to the custody or care of the DSWD or any

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training institution or responsible person until he shall have reached 21 years of age, or
for a shorter period as the court may deem proper afer considering the reports and
recommendations of the institution or person under whose care he has been
committed). Under RA 8369, the judgment is promulgated and the suspension of the
sentence is automatic, without the need of application by the YO, see Section 5, par. a).

The benefits of this article does not apply to a youthful offender who was once
enjoyed suspension of sentence under its provisions or to one who is convicted of an
offense punishable by death or life imprisonment or to one who is convicted for an
offense by the Military Tribunals. (As amended by PD 1179 and PD 1210, October 11,
1978).

Article 194 - Care and Maintenance of Youthful Offenders - Parents are primarily
liable to support him, if not then the municipality; province; or the national government.

Article 195- Report on Conduct of Child. DSWD or government training institution

or individual under whose care the Youthful Offender has been committed – to submit
to court every 4 months or ofener as may be required to special cases a written report
on the conduct of the YO as well as the intellectual, physical, moral, social and emotional
progress made upon him.

Article 196- Dismissal of the Case - If it is shown to the satisfaction of the court
that the youthful offender whose sentenced has been suspended, has behaved properly
and has shown his capability to be a useful member of the community even before
reaching the age of majority, upon the recommendation of the DSWD, it shall dismiss
the case and order his final discharge.

Article 197- Return of Youthful Offender to Court - The youthful offender shall be
returned to the committing court for the pronouncement of judgment: (1) when he is
found to be incorrigible or has willfully failed to comply with the conditions of his
rehabilitation program, (2) when he has reached the age of 21 while in commitment
(unless his case is dismissed in accordance with Article 196). In the latter case, the
convicted youth offender may apply for probation under the provisions of PD 968. In any
case as, the youthful offender shall be credited in the service of his sentence with the
full time spent in actual commitment and detention effected under the provisions of this
chapter.

Article 198- Effect of Released of Child Based on Good Conduct - The final release
of a child pursuant to the provisions of this chapter does not obliterate his civil liability
for damages. Such released shall be without prejudice to the right for a writ of execution
for the recovery of civil damages.

Article 199 - Living Quarters for Youthful Offenders – Youthful Offenders under
Article 197 shall be committed to the proper penal institution to serve the remaining

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period of his sentence, provided that, they shall be provided with separate quarters and
as far as practicable, group them according to appropriate age levels or other criteria as
will insure their speedy rehabilitation, provided further that the Bureau of Prisons shall
maintain agricultural and forestry camps where youthful offenders may serve their
sentence in lieu of confinement in regular penitentiaries.

Article 200- Records of Proceedings - 1) When a Youthful Offender has been

charged and the charges have been ordered dropped, all the records of the case shall be
considered privileged and may not be disclosed directly or indirectly to any one for any
purpose whatsoever. 2) Where the Youthful Offender has been charged and the courts
acquits him, or dismiss the case against him or commits him to an institution and
subsequently releases him, all records of his case shall also be considered privileged and
may not be disclosed directly or indirectly to anyone except: a) to determine if a
defendant may have sentence suspended under Article 192; b) or if he may be granted
probation under PD 968; c) or to enforce his civil liability if the same has been imposed
in the criminal action. The Youthful Offender concerned shall not be held under any
probation of law to be guilty of perjury or of concealment or misrepresentation by
reason of his failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made to him for any purpose.

Records within the meaning of this Article shall include those, which may be in
the files of the NBI, police department or any government agency involved in the case;
Medical/treatments records mentioned in Article 190.

Article 201- Civil Liability of Youthful Offenders - The civil liability for the acts
committed by a youthful offender shall devolve upon the offenders father or mother or
the guardian as the case may be. A relative or family friend of the youthful offender may
also voluntarily assume civil liability.

Rules and Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation

of Youthful Offenders. (Promulgated on February 20,1995 by the Council for the Welfare
of Children).

Pursuant to Article 205 of PD 603, the Council for the Welfare of Children was
created which was tasked to promulgate Rules and Regulations necessary for the
purpose of carrying into effect the provisions of the Code (Article 209).

Objectives: The Rules and regulations seek to establish basic guidelines on the
apprehension, investigation, prosecution and rehabilitation of youth offenders
consistent with the needs to protect their rights and to [promote their best interest.

Procedure:

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 1. Apprehension – Arresting Officer (AO) to inform the youth of the
reason of his apprehension and him advise of his legal rights in a language
understood by him. The youth is then brought to the nearest police station
where the apprehension and the name of the arresting officer is recorded in
the police blotter. The police officer shall notify the DSWD and the parents or
guardian of the youth within eight (8) hours from the time of apprehension.
Arresting Officer shall not employ unnecessary force; vulgar or profane words
shall not be used; handcuffs shall not be used unless absolutely necessary;
female youth shall be searched only by a female police officer.

2. Investigation / Interview – to be held in private and in the presence

of his legal counsel and whenever possible his parents, guardian or social
worker wherein he shall be advised of his right to remain silent and to have a
counsel of his own choice.

3. Physical / Mental Examination – before a government medical or

health officer; steps shall be undertaken to provide treatment when
necessary. (Most ofen this process is taken for granted or even forgotten,
hence even during confinement, it is the duty of the jail officers to take steps
to provide necessary medical attention to youths needing the same).

4. Referral of Case to Social Worker – the youth shall be released to the

custody of a social worker or a responsible person in the community for
supervision and counseling or other interventions that may be provided for
the best interest of the youth.

5. Referral of Case to Prosecutor – if his findings warrant the AO shall

forward the records of the case of the youth under custody to the prosecutor
for the conduct of inquest or preliminary investigation to determine whether
the youth should remain in custody and correspondingly charged in court.
The transmittal letter shall display the word YOUTH in bold letters. The
prosecutor shall encourage that counsel represents the youth; a counsel shall
be assigned if his parents is unable to give adequate representation.

6. Temporary Commitment – the youth under investigation or trial, if

unable to furnish bail, shall be committed to the care of The DSWD or
rehabilitation center or detention home separate and distinct from jails.

7. Filing of Complaint / Information – if the evidenced submitted in the

inquest or preliminary investigation engenders a well – founded belief that a
crime has been committed and that the youth is probably guilty thereof, the
corresponding criminal complaint / information shall be filed against the
youth in court.

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 8. Trial – the trial of a case against a youth offender shall be conducted
in accordance with RA 8368.

9. Suspension of Sentence – if afer trial, the court finds that the youth
committed the acts charged against him, it shall determine the impossible
penalty including the civil liability chargeable against him. (However, instead
of pronouncing judgment of conviction, the court upon application of the
youth, shall suspend all further proceedings and commit the youth to the
custody and care of the DSWD or to any training institution or responsible
person until he has reached the age of 21 or for a shorter period as the court
may deem proper upon recommendation of the Department etc.). Refer to
Section 5, par. A of RA 8369.

Republic Act No. 7610 – Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act. (Approved June 17, 1992).

As can be gleaned from the title, the objective of the law is for the protection of
the child from becoming a VICTIM of child abuse, exploitation and discrimination. It does
not speak of the child or minor as offender. However, it does not mean to preclude the
possibility that the minor is not capable of committing the acts prohibited by the law. It
is a given fact that sometimes, minors conceal their true age in order to be able to avail
for themselves some activities only adults are supposed to do. But what is important is
that, we the adults in our family and / or community should be vigilant in the protection
of our youths against abuse, exploitation and discrimination, more particularly child
prostitution and other sexual abuse; child trafficking; obscene publication and indecent
shows; acts of abuse such as neglect, cruelty and other conditions prejudicial to the
child’s development, and circumstances which endanger child survival and normal
development.

Republic Act No. 8369 – The Family Courts Act of 1997 (Approved on October
28,1997).

An act establishing Family Courts, granting them Exclusive Original Jurisdiction

over Child and Family Case, Amending BP Blg. 129, as amended, otherwise known as the
Judiciary Reorganization Act of 1980, appropriating funds therefore and for other
purposes.

Sec. 5 – Jurisdiction of Family Courts - The Family Court shall have exclusive
original jurisdiction to hear and decide the following cases:

1. Criminal cases where one or more of the accused is below 18 but not less
than 9 years of age, or where one or more of the victim is a minor at the time

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 of the commission of the offense, Provided if the minor is guilty, the court
shall promulgate sentence and ascertain any civil liability which the accused
may have incurred. The sentence however, shall be suspended without need
of application pursuant to PD 603.
2. Petition for guardianship, custody of children and habeas corpus in relation to
the latter;
3. Petition for adoption of children and revocation thereof;
4. Complaints for annulments of marriage, declaration of nullity of marriage and
thus relating to marital status and property relations of husband and wife or
those living together under different status and agreements, and petition for
dissolution of conjugal partnership of gains;
5. Petition for support and or acknowledgement;
6. Summary Judicial Proceedings brought under the provisions of the Family
Code of the Philippines;
7. Petition for declaration of status of children as abandoned, dependent of
children or neglected, petitions for voluntary or involuntary commitment of
children, the suspension, termination, or restoration of parental authority
and other cases cognizable under PD 603 and other related laws.
8. Petitions for constitution of the family home;
9. Cases against minor cognizable under Dangerous Drug Act as amended;
10. Violations of R.A. 7610 as amended by R.A. 7658
11. Cases of domestic violence against: 1) women 2) children

REPUBLIC ACT NO. 9344 - THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”

Republic Act Number 9344 - An Act Establishing A Comprehensive Juvenile Justice and
Welfare System, Creating the Juvenile Justice and Welfare Council

IMPORTANT FEATURES

State Policy - The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and
shall promote and protect their physical, moral, spiritual, intellectual and social
well being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
(b) The State shall protect the best interests of the child through measures that will
ensure the observance of international standards of child protection, especially
those to which the Philippines is a party. Proceedings before any authority shall
be conducted in the best interest of the child and in a manner, which allows the
child to participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to

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 juvenile justice and welfare shall be ensured by the concerned government
agency.
(c) The State likewise recognizes the right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse,
cruelty and exploitation, and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the
Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as, having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and worth,
taking into account the child’s age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall adopt
measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully
respected. It shall ensure that children are dealt with in a manner appropriate to
their well-being by providing for, among others, a variety of disposition measures
such as care, guidance and supervision orders, counseling, probation, foster care,
education and vocational training programs and other alternatives to institutional
care.
(e) The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the
protection of the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies
and programs applicable to children in conflict with the law.

Construction - In case of doubt, the interpretation of any of the provisions of the

Rules shall be construed liberally in favor of the child in conflict with the law, i.e.,
consistent with the best interest of the child, the declared state policy, the rights of the
child in conflict with the law, and the principle of restorative justice.

Definition of terms - As used in these Rules, the term/s:

(a) “Bail” refers to the security given for the release of the person in custody of the
law, furnished by him/her or a bondsman, to guarantee his/her appearance
before any court.
(b) “Best interest of the child” refers to the totality of the circumstances and
conditions most congenial to the survival, protection and feelings of security of
the child and most encouraging to the child’s physical, psychological and
emotional development. It also means the least detrimental available alternative
for safeguarding the growth and development of the child.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Children at risk” refers to children who are vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:

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 (1) being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and afer diligent search and inquiry the
parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or
guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

(e) “Child in conflict with the law” refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
(f) “Community-based programs” refers to the programs provided in a community
setting developed for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for reintegration into his/her
family and/or community.
(g) “Court” refers to a family court or, in places where there are no family courts,
any regional trial court.
(h) “Deprivation of liberty” refers to any form of detention or imprisonment, or to
the placement of a child in conflict with the law in a public or private custodial
setting, from which the child in conflict with the law is not permitted to leave at
will by order of any judicial or administrative authority.
(i) “Diversion” refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the child in conflict with the law
is required to undergo afer he/she is found responsible for an offense without
resorting to formal court proceedings.
(k) “Initial contact with the child” refers to the apprehension or taking into custody
of a child in conflict with the law by law enforcement officers or private citizens.
It includes the time when the child alleged to be in conflict with the law receives
a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation or where there is no necessity
to place the child alleged to be in conflict with the law under immediate custody.
(l) “Intervention” refers to a series of activities designed to address issues that
caused the child to commit an offense. It may take the form of an individualized
treatment program, which may include counseling, skills training, education, and

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 other activities that will enhance his/her psychological, emotional and psycho-
social well-being.

(m)“Juvenile justice and welfare system” refers to a system dealing with children at
risk and children in conflict with the law, which provides child-appropriate
proceedings, including programs and services for prevention, diversion,
rehabilitation, reintegration and afercare to ensure their normal growth and
development.
(n) “Law enforcement officer” refer to the person in authority or his/her agent as
defined in Article 152 of the Revised Penal Code, including a barangay tanod.
(o) “Offense” refers to any act or omission whether punishable under special laws or
the Revised Penal Code, as amended. It includes violations of traffic laws, rules
and regulations, and ordinances of local government units.
(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent or
custodian who shall be responsible for the appearance in court of the child in
conflict with the law, when required.
(q) “Status Offenses” refers to offenses, which discriminate only against a child,
while an adult does not suffer any penalty for committing similar acts. These shall
include curfew violations, truancy, parental disobedience and the like.
(r) “Victimless Crimes” refers to offenses where there is no private offended party.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by
accredited LGUs and licensed and/or accredited NGOs providing short-term
residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction; also
referred in these Rules as “Youth Home.”
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility that
provides children in conflict with the law with care, treatment and rehabilitation
services under the guidance of trained staff where children in conflict with the
law on suspended sentence, or “residents,” are cared for under a structured
therapeutic environment with the end view of reintegrating them in their
families and communities as socially functioning individuals; also referred in
these Rules as “Youth Center.”

Rights of the child in conflict with the law

Every child in conflict with the law shall have the following rights, including but
not limited to: discern

(a) The right to be treated with humanity and respect for the inherent dignity of the
person, and in a manner which takes into account the needs of a person of
his/her age;
(b) The right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;

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 (c) The right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
(d) The right not to be unlawfully or arbitrarily deprived of his/her liberty; that
detention or imprisonment being a disposition of last resort, shall be for the
shortest appropriate period of time;
(e) The right to be separated from adult offenders at all times. In particular, the child
shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate holding area.
(f) The right to maintain contact with his/her family through correspondence and
visits save in exceptional circumstances;
(g) The right to prompt access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his/her liberty before a
court or other competent, independent and impartial authority, and to a prompt
decision on such action;
(h) The right to bail and recognizance, in appropriate cases;
(i) The right to testify as a witness in his/her own behalf under the rule on
examination of a child witness;
(j) The right to have his/her privacy respected fully at all stages of the proceedings;
(k) The right to diversion if he/she is qualified and voluntarily avails of the same;
(l) The right to be imposed a judgment in proportion to the gravity of the offense
where his/her best interest, the rights of the victim and the needs of society are
all taken into consideration by the court, under the principle of restorative
justice;
(m)The right to have restrictions on his/her personal liberty limited to the minimum,
and where discretion is given by law to the judge to determine whether to
impose fine or imprisonment, the imposition of fine being preferred as the more
appropriate penalty;

(n) In criminal prosecutions, the rights:

(1) Not to be held to answer for a criminal offense without due process of
law;
(2) To be presumed innocent until the contrary is proved beyond reasonable
doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the nature and cause of the
accusation against him/her, and if appropriate, through his/her parents or
legal guardian;
(5) To be present at every stage of the proceedings, from arraignment to
promulgation of judgment;
(6) To have legal and other appropriate assistance in the preparation and
presentation of his/her defense;

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 (7) To testify as a witness in his/her own behalf and subject to cross-
examination only on matters covered by direct examination, provided
that the Rule on the Examination of a Child Witness shall be observed
whenever convenient and practicable.
(8) Not to be compelled to be a witness against him/herself and his/her
silence shall not in any manner prejudice him/her;
(9) To confront and cross-examine the witnesses against him/her;
(10) To have compulsory process to secure the attendance of witnesses
and production of other evidence in his/her behalf;
(11) To have a speedy, impartial and public trial, with legal or other
appropriate assistance and preferably in the presence of his/her parents
or legal guardian, unless such presence is considered not to be in the best
interests of the juvenile taking into account his/her age and other
peculiar circumstances;
(12) To appeal in all cases allowed and in the manner prescribed by
law; and
(13) To be accorded all the rights under the Rule on Examination of a
Child Witness.
(o) In general, the right to automatic suspension of sentence;
(p) The right to probation as an alternative to imprisonment, if qualified under the
probation law;
(q) The right to be free from liability for perjury, concealment or misrepresentation;
and
(r) Other rights as provided for under existing laws, rules and regulations.

These rights of children in conflict with the law shall serve as guiding principles in
the administration of the Juvenile Justice and Welfare System.

Principle of Restorative Justice

Restorative justice refers to a principle that requires a process of resolving

conflicts with the maximum involvement of the victim, the offender and the community.
It seeks to achieve the following:

(a) Reparation for the victim;

(b) Reconciliation of the offender, the offended and the community;
(c) Reassurance to the offender that he/she can be reintegrated into society; and
(d) Enhancement of public safety by activating the offender, the victim and the
community in prevention strategies.

Children of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)

Consistent with Section 15 of Republic Act No. 8371 or “The Indigenous Peoples
Rights Act of 1997,” ICCs/IPs shall, in dealing with children in conflict with the law, have

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the right to use their own commonly accepted justice systems, conflict resolution
institutions, peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with the
national legal system and with internationally recognized human rights.

THE JUVENILE JUSTICE AND WELFARE COUNCIL

The Juvenile Justice and Welfare Council (JJWC), created under Section 8 of the
Act, shall ensure the effective implementation of the Act, including these Rules. In
fulfillment of this mandate, the JJWC shall ensure the effective coordination among the
following agencies, the duties and responsibilities of which are found in Part XVII of
these Rules:

(a) Council for the Welfare of Children;

(b) Department of Education;
(c) Department of the Interior and Local Government;
(d) Public Attorney’s Office;
(e) Bureau of Corrections;
(f) Parole and Probation Administration;
(g) National Bureau of Investigation;
(h) Philippine National Police;
(i) Bureau of Jail Management and Penology;
(j) Commission on Human Rights;
(k) Technical Education and Skills Development Authority;
(l) National Youth Commission; and
(m)Other institutions focused on juvenile justice and intervention programs, as may
be determined by the JJWC.

Composition

As provided in Section 8 of the Act, the JJWC shall be composed of

representatives of the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);
(c) Department of Education (DepEd);
(d) Department of the Interior and Local Government (DILG);
(e) Council for the Welfare of Children (CWC);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and

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 (h) Two (2) representatives from non-government organizations (NGOs), one to be
designated by the Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development.

Administration and organization of the JJWC

The JJWC is attached to the DOJ and placed under its administrative supervision.
As such, the DOJ has the authority to:
(1) Generally oversee the operation of JJWC and ensure that it is managed
effectively, efficiently and economically;
(2) Manage the secretariat of the JJWC;
(3) Require the JJWC to submit periodic reports, such as those reflecting the
progress of its programs and projects;
(4) Cause the conduct of management audit, performance evaluation and
inspection of the JJWC to determine its compliance with policies,
standards and guidelines of the Department;
(5) Take such action as may be necessary for the performance of official
functions, including rectifications, abuses and other forms of
misadministration by its personnel;
(6) Review and pass upon the budget of the JJWC; and
(7) Call all regular and special meetings of the JJWC.

Chairperson of the JJWC

As provided by Section 8 of the Act, the JJWC shall be chaired by the DSWD
through an Undersecretary appointed by the Secretary of Social Welfare and
Development. As the JJWC chair, the DSWD shall:
(1) Preside over all regular and special meetings of the JJWC;
(2) Closely monitor the programs of the JJWC;
(3) Represent the JJWC in conferences, meetings and other programs; and
(4) Sign communications for the JJWC.

In the absence of the chairperson, the JJWC shall be chaired by the DOJ.

Organizational structure and staffing pattern

As provided in Section 8 of the Act, the Secretary of Justice and the Secretary of
Social Welfare and Development shall determine the organizational structure and
staffing pattern of the JJWC, which include the JJWC secretariat. The secretariat shall
among other functions to be determined by the JJWC:

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 (1) Prepare the periodic reports for the JJWC;
(2) Prepare the budget of the JJWC; and
(3) Invite resource persons in the meetings and programs of the JJWC. The
Secretary of Justice shall appoint the officers and staff of the JJWC secretariat upon a
favorable recommendation of the JJWC.

Designation of representatives to the JJWC

The concerned department or agency heads shall designate their representatives

to the JJWC, whose ranks shall not be lower than director, except in the case of the NYC,
whose representative must have the rank of at least commissioner. The heads of the
concerned departments or agencies shall name a permanent and an alternate
representative, respectively with ranks of at least Undersecretary and Director, who shall
regularly attend meetings and programs of the JJWC.

Duties and functions of the JJWC

The JJWC has the duty to oversee the implementation of the Act and all Rules
issued in relation thereto. Pursuant to this duty, it shall:

(1) Coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other activities which may
have an important bearing on the success of the entire national juvenile
intervention program. All programs relating to juvenile justice and welfare
shall be adopted in consultation with the JJWC.
(2) Call the attention of the departments and agencies concerned to perform
their respective duties and responsibilities under the Act and these Rules and
assist them if necessary to ensure the effective implementation of the Act.
(3) Mobilize resources and call upon government agencies as well as private
organizations to provide resource assistance to support the implementation
of the Act. The JJWC shall regularly conduct meetings and submit an annual
report to the President on the implementation of the Act. The annual report
shall include, among others:

a. Identification of the strengths and weaknesses in the implementation of

the Act;
b. Appraisal of the performance of the government agencies in relation to
their duties and responsibilities under the Act; and
c. Recommendations on how to improve the implementation of the Act and
the administration of the juvenile justice and welfare system. The JJWC
shall prescribe a common reporting form for all the agencies under Rule 8
to facilitate the preparation of the Annual Report. The JJWC shall also

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 perform such other functions as may be necessary to implement the
provisions of the Act.

Advisory function of the JJWC

The JJWC shall advise the President on all matters and policies relating to juvenile
justice and welfare. It shall bring to the attention of the President the gaps in existing
policies and recommend appropriate remedial legislation or other policy measures that
address these gaps.

Policy formulation and program development

The JJWC shall periodically develop a Comprehensive National Juvenile

Intervention Program, as provided in Rule 17 herein. It shall formulate and recommend
policies and strategies in consultation with children for the prevention of juvenile
delinquency and the administration of justice, as well as for the treatment and
rehabilitation of the children in conflict with the law. The JJWC shall also set the criteria
that LGUs must meet in establishing their respective community-based programs for the
rehabilitation and reintegration of children in conflict with the law.

Research and evaluation

The JJWC shall collect relevant information and conduct continuing research
support evaluations and studies on all matters relating to juvenile justice and welfare,
such as, but not limited to the:

(1) Performance and results achieved by juvenile intervention programs and by

activities of the local government units and other government agencies;
(2) Periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) Particular needs of children in conflict with the law in custody. A data banking
system for all data needed in the evaluation and improvement of the
administration of juvenile justice and welfare system shall be developed and
maintained by the JJWC. The JJWC shall set up a mechanism to ensure that
children are involved in research and policy development. The JJWC shall also
receive and evaluate the assessments submitted by provincial and city
governments on the implementation of the comprehensive juvenile
intervention program as provided in Section 18 of the Act and Rule 18 herein.

Inspection

The JJWC, through duly designated persons and with the assistance of the
agencies under Section 8 of the Act (Rule 9) shall conduct regular inspections in

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detention and rehabilitation facilities and to undertake spot inspections on their own
initiative in order to check compliance with the standards provided in the Act and the
Rules and to make the necessary recommendations to appropriate agencies.

Assistance to agencies

The JJWC shall, pursuant to Section 10 of the Act, assist the concerned
government agencies in:

(1) Reviewing and enhancing existing policies/regulations or in the formulation

of new ones in line with the provisions of this Act and the Rules; and
formulating their respective policies and procedures consistent with the
standards set in the law and in modifying the same upon the completion of
the national juvenile intervention program as provided in Rule 14.
(2) The JJWC shall also initiate and coordinate the conduct of trainings for the
personnel of agencies involved in the administration of the juvenile justice
and welfare system.
(3) The JJWC shall be informed by the DSWD in cases where licensed and
accredited private and non-government organizations establish Youth
Detention Homes as provided under Section 49 of the Act and Rule 76 herein.

Coordination with the Court

To ensure the realization of its mandate and the proper discharge of its duties
and functions, the JJWC shall coordinate with the Office of the Court Administrator and
the Philippine Judicial Academy by inviting resource persons from these offices during
consultation meetings.

Non-government organizations

Two (2) representatives from non-government organizations (NGOs) shall serve

as members of the JJWC, one representative to be designated by the Secretary of Justice
and the other to be designated by the Secretary of Social Welfare and Development.

An NGO, to be designated as a member of the JJWC, must be involved in child-

related advocacy or work of at least two (2) years prior and up to the time of
designation. The additional qualifications of the NGOs shall be respectively determined
by the Secretaries of Justice and of Social Welfare and Development.

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 Each NGO representative designated under Rule 13.a shall have a term of two (2)
years. In the event a representative is not able to complete the prescribed term, the
Secretary designating such representative shall designate another NGO to serve the
unexpired portion of the term.

An NGO representative, even one that is not able to complete the term of two
years, cannot be appointed to the JJWC for two consecutive terms.

Policies and procedures on Juvenile Justice

The policies and procedures of all government agencies shall promote a common
and conscious understanding of issues concerning juvenile justice and welfare, be
consistent and avoid duplicating or contradicting policies that result to confusion. As
such, the following shall be observed in the drafing, formulation or development of
such policies and procedures:

(a) Policies and procedures on juvenile justice and welfare of all

government agencies enumerated in Section 8 of the Act shall not only be
consistent with the standards set in the law but also with the National
Juvenile Intervention Program. Policies and procedures shall be modified
accordingly in consultation with the JJWC upon the completion of the
National Juvenile Intervention Program as provided under Rule 17 below and
Section 9(d) of the Act.
(b) Each government agency shall see to it that its policies and
procedures are consistent with that of other government agencies.
(c) If the standards set in the Act require the involvement of several
government agencies enumerated in Section 8 of the Act, only a single policy
and/or procedure pertaining to those standards shall be issued. The lead
agency shall be identified by the JJWC.
(d) In the event that policies and procedures of a government agency not
enumerated in Section 8 of the Act affect the juvenile justice and welfare
system, the concerned government agency shall seek the assistance of the
JJWC.

The participation of children in the program and policy formulation and

implementation relating to juvenile justice and welfare shall be ensured by each
government agency.

LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN

All levels of local government shall have Local Councils for the Protection of
Children (LCPCs) as provided in Section 15 of the Act. The LCPC in each level of local
government unit (LGU) is:

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 (1) Province – Provincial Council for the Protection of Children (PCPC);
(2) City – City Council for the Protection of Children (CCPC);
(3) Municipality – Municipal Council for the Protection of Children (MCPC); and
(4) Barangay – Barangay Council for the Protection of Children (BCPC). In LGUs
where LCPCs are not yet established, the concerned LGU shall immediately
establish an LCPC upon the effectivity of the Act and ensure that it is
performing its duties and responsibilities as provided in these Rules. Where
they have been established, the LCPCs shall be strengthened by their
respective LGUs.

Each barangay, municipality and city shall appropriate in its annual budget one
percent (1%) of its annual internal revenue allotment (IRA) for the strengthening and
implementation of the programs of the LCPC. The LGU concerned shall be responsible
for the disbursement of the fund as provided by existing laws. Funds disbursed by LGUs
on current programs of the LCPC shall be deemed as appropriate disbursement under
Section 15 of the Act. However, the one percent (1%) IRA allocation under in this Rule is
different from the budget disbursed by the LGUs for social services.

Membership in the LCPC shall be chosen from among the responsible members
of the community, including a representative from the youth sector, as well as
representatives from government and private agencies concerned with the welfare of
children. Pursuant to DILG Memorandum Circular No. 2002-121, the LCPC in each level
of LGU shall be composed of:

(1) PCPC - Chairperson -Provincial Governor , Members -Sangguniang Panlalawigan

Member , (Chairperson, Committee on Women and Family) DILG Provincial
Director, Provincial Social Welfare and Development Officer , Provincial Labor and
Employment Officer , Division Superintendent of DepEd , Provincial Planning &
Development Officer , Provincial Budget Officer , Provincial Health Officer ,
Provincial Nutrition Officer , Provincial PNP Director , Provincial Commander,
AFP , Provincial Treasurer , President, League of Municipalities , Provincial SK
Federation President , Child Representative , At least three (3) representatives of
NGOs
(2) CCPC and MCPC - Chairperson -City / Municipal Mayor, Members -Sangguniang
Panlungsod / Pambayan Member , (Chairperson, Committee on Women and
Family) , DILG City / Municipal Field Officer , City / Municipal Social Welfare and
Development , Officer , Division Superintendent / District Supervisor of DepEd ,
Local Labor and Employment Officer , City / Municipal Planning & Development
Officer , City / Municipal Budget Officer , City / Municipal Health Officer , City /
Municipal Nutrition Officer , City / Municipal PNP Director , City / Municipal
Treasurer , City / Municipal LIGA ng mga Barangay President , City / Municipal SK

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 Federation President , Parent – Teachers Association (PTA) President , Child
Representative , At least three (3) representatives of NGOs
(3) BCPC - Chairperson -Punong Barangay , Members -Barangay Kagawad
(Chairperson on Women and Family) , Barangay Nutrition Scholar , Barangay Day
Care Worker , Barangay Health Nurse / Midwife , Barangay Health Worker ,
DepEd Principal / Teacher-in-charge , Chief Tanod , SK Chairperson , Child
Representative , PTA President or his/her representative , NGO Representative ,
Membership in the LCPC shall be subject to the review and amendment of the
DILG through appropriate issuances.

Duties and responsibilities of the LCPC

All LCPCs shall:

(1) Serve as the primary agency to coordinate with and assist the LGU concerned
for the adoption of the Comprehensive Juvenile Intervention Program as
provided in Rule 18 below, and to oversee its proper implementation;
(2) Coordinate with and assist the LGUs in calling on all sectors concerned,
particularly the child-focused institutions, NGOs, people’s organizations,
educational institutions and government agencies involved in delinquency
prevention to participate in the planning process and implementation of juvenile
intervention programs;
(3) Coordinate with LGUs in the annual review and assessment of the
comprehensive juvenile intervention programs;
(4) Coordinate with and assist the SK in the formulation and implementation of
juvenile intervention and diversion programs in the community;
(5) Provide coordinative linkages with other agencies and institutions in the
planning, monitoring and evaluation of juvenile intervention and diversion
programs in the community;
(6) Assist the Punong Barangay in conducting diversion proceedings in cases
provided under Section 23(a) of the Act and Rule 43.b below;
(7) Assist the Local Social Welfare and Development Officer (LSWDO) in the
development of the appropriate diversion program
(8) Institute together with schools, youth organizations and other concerned
agencies the community-based programs on juvenile justice and welfare initiated
by LGUs;
(9) Conduct capability building programs to enhance knowledge and skills in
handling children’s programs;
(10) Establish and maintain a database on children in the local government.
Specifically, for the purpose of this Act, the LCPCs shall maintain a database of
children in conflict with the law, which shall include the children who undergo
intervention, diversion and rehabilitation programs and afer-care support
services;

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 (11) Document best practices on juvenile intervention and prevention;
(12) Advocate and recommend local legislations promoting child survival,
protection, participation and development, especially on the quality of television
shows and media prints and coverage, which are detrimental to children, and
with appropriate funding support;
(13) Conduct an inventory of all NGOs serving children in conflict with the law and
mobilize them as resources for the effective implementation of the Act;
(14) Review existing policies of units providing services to children in conflict with
the law, determine the barriers to access to these services, and take the
necessary action to improve access to these services. In addition to its functions
under Presidential Decree No. 603, or the “The Child and Youth Welfare Code”
[“P.D. 603”] and Republic Act No. 8980, or the “ECCD Act,” each BCPC shall
perform the following functions consistent with the objectives of the Act on
juvenile intervention and delinquency prevention:
 Encourage the proper performance of the duties of parents, and provide
learning opportunities on the adequate rearing of children and on
positive parent-child relationship;
 Assist parents, whenever necessary in securing expert guidance
counseling from the proper governmental or private welfare agency;
 In addition, it shall hold classes and seminars on the proper rearing of
children. It shall distribute to parents available literature and other
information on child guidance. The Council shall assist parents, with
behavioral problems whenever necessary, in securing expert guidance
counseling from the proper governmental or private welfare agency;
 Coordinate the activities of organizations devoted to the welfare of
children in coordination with the Sangguniang Kabataan and secure their
cooperation;
 Protect and assist children at risk; and
 Take steps to prevent juvenile delinquency and assist parents of children
with behavioral problems so that they can get expert advise.

Responsibility of BCPC members

Members of the BCPC shall have the following additional responsibilities:

(1) To take custody of the child in conflict with the law who is found to be fifeen
(15) years of age or below if the parents, guardians or nearest relatives of the
child cannot be located, or if they refuse to take custody as provided in
Section 20 of the Act and Rule 31.b below.
(2) To be present in the initial investigation of the child in conflict with the law in
the absence of the child’s parents, guardian, or nearest relative, and the
LSWDO as provided in Section 22 of the Act and Rule 23.b. The presence of
the member of the BCPC, or in the alternative, the representative of an NGO

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 or a faith-based group, may be required in the initial investigation to ensure
that the rights of the child are protected during that stage.

PROGRAMS FOR JUVENILE INTERVENTION AND DELINQUENCY PREVENTION

Concept/Principles in Intervention

Intervention refers to a series of activities designed to address issues that

caused the child to commit an offense. It may take the form of an individualized
treatment program, which may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and psycho-social well-
being. All programs for juvenile intervention and delinquency prevention shall be
formulated in consideration of the following:

(a) Emphasis on intervention or prevention policies facilitating the successful

socialization and integration of all children with the family, through the
community, peer groups, schools, vocational training and the world of work, as
well as through voluntary organizations;
(b) Due respect should be given to the proper personal development of
children, and they should be accepted as full and equal partners in socialization
and integration processes.

National Juvenile Intervention Program

The JJWC shall, in accordance with Section 18 of the Act, develop a three (3) to
five (5)-year Comprehensive National Juvenile Intervention Program (the “National
Intervention Program”) embodying the detailed strategy to realize the objectives of
the Act on juvenile intervention and delinquency prevention. The National
Intervention Program shall serve as a guide to all government agencies, LGUs and
NGOs in the formulation of their respective juvenile intervention programs and their
policies and programs relating to juvenile justice and welfare. Particularly, the National
Intervention Program shall serve as the basis for the formulation or modification of
policies and procedures of all government agencies involved in the Juvenile Justice and
Welfare System; and Comprehensive Juvenile Intervention Programs to be developed
and instituted by the LGUs as provided in Rule 18. The National Intervention Program
shall be developed by the JJWC, within six (6) months from the effectivity of the Act,
with the participation of:
 Government agencies concerned, including but not limited those
enumerated in Rule 8;
 Non-government organizations;
 Child and youth organizations; and
 The Leagues of provinces, cities, municipalities and barangays.

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Components of the program

The National Intervention Program shall be formulated and designed to

include, among others, the following:

(a) In-depth analyses of the problem and inventories of programs,

services, facilities and resources available;
(b) Well-defined responsibilities for the government agencies, both
member and coordinating, institutions and personnel as well as non-government
agencies involved in intervention and prevention efforts;
(c) Mechanisms for the appropriate coordination of intervention and
prevention efforts between governmental and non-governmental agencies;
(d) Policies, programs and strategies based on prognostic studies to be
continuously monitored and carefully evaluated in the course of implementation;
(e) Methods for effectively reducing the opportunity for children to
commit offenses;
(f) Community involvement through a wide range of services and
programs;
(g) Close interdisciplinary cooperation between the national government
and the local governments, with the involvement of the private sector
representative citizens of the community to be served and concerned
government agencies as well as the judiciary in taking concerted action to
prevent commission of offenses by children;
(h) Participation of children in intervention and prevention policies and
processes, including recourse to community resources, youth self-help, and
victim compensation and assistance programs; and
(i) Specialized personnel at all levels (e.g., social workers, prosecutors)
and their respective roles in the juvenile justice and welfare system.

Comprehensive Juvenile Intervention Program

Each LGU shall formulate a Comprehensive Juvenile Intervention Program (“Local

Intervention Program”) to be instituted from the barangay to the provincial level. Each
Local Intervention Program shall cover a period of at least three (3) years. The LGUs, in
coordination with the LCPCs, shall call on all sectors concerned, particularly the child-
focused institutions, NGOs, people’s organizations, educational institutions and
government agencies involved in delinquency prevention to participate in the planning
process and implementation of the Local Intervention Programs. Existing programs of
LGUs dealing with children shall be deemed part of LCPC program.

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 Components - Each Local Intervention Program shall be formulated and designed
to include the components prescribed in Rule 17.b, when appropriate. All Local
Intervention Programs shall be consistent with the National Intervention Program
formulated and designed by the JJWC.

Implementation - The LCPC shall serve as the primary agency to coordinate with
and assist the LGU concerned for the adoption of Local Intervention Program, and to
oversee its proper implementation. As provided by Section 18 of the Act, the LGUs shall
set aside an amount necessary to implement their respective juvenile intervention
programs in their annual budget.

Assessment - The implementation of the Local Intervention Programs shall be

reviewed and assessed annually by the LGUs in coordination with their respective LCPCs.
Results of the assessment shall be submitted by the LGUs to the JJWC, through the DILG,
not later than March 30 of every year.

Community-based Programs as Intervention

The objectives of community-based programs as intervention As provided in

Section 19 of the Act, the community-based programs for juvenile intervention and
delinquency prevention shall respond to the special needs, problems, interests and
concerns of children and offer appropriate counseling and guidance to them and their
families. All community-based programs to be designed by LGUs shall consist of three
levels:
(1) Primary intervention includes general measures to promote social justice and
equal opportunity, which tackle perceived root causes of offending.
(2) These shall include programs on advocacy, socio-economic service, health
and nutrition, training and education.
(3) Secondary intervention includes measures to assist children at risk, i.e.,
protective services for children; and
(4) Tertiary intervention includes measures to avoid unnecessary contact with
the formal justice system and other measures to prevent re-offending, i.e.,
diversion programs, rehabilitation, reintegration and afer care services,
which shall be further defined in Parts VII, VIII and XI of these Rules. These
programs intend to minimize the commission of offenses by children who are
potentially and actually in conflict with the law and their eventual
apprehension by law enforcement officers.

Programs and services for Juvenile Intervention

(1) Services and programs that respond to the special needs, problems, interests
and concerns of children and offer appropriate counseling and guidance to

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 children and their families shall be developed, or strengthened where they
exist.
(2) A wide-range of community-based support measures for children, including
but not limited to community development centers, recreational facilities and
services that respond to the special problems of children at risk, shall be
provided, or strengthened where they exist.
(3) Special facilities shall be set up to provide adequate shelter for children who
are no longer able to live at home or who do not have homes to live in.
(4) A range of services and helping measures shall be provided to deal with
adulthood. Such services shall include special programs for young drug
abusers, which emphasize care, counseling, assistance and therapy-oriented
interventions. LGUs shall share resources with and support the programs of
private and non-government organizations providing services for children.
(5) Youth organizations shall be created or strengthened at the local level and
given full participatory status in the management of community affairs. These
organizations shall encourage the youth to organize collective and voluntary
projects, particularly projects aimed at helping children in need of assistance.
(6) The LGUs shall take special responsibility and provide necessary services for
homeless or street children. Information about local facilities,
accommodation, employment and other forms and sources of help shall be
made readily available to children.
(7) A wide range of recreational facilities and services of particular interest to
children shall be established and made easily accessible to them.

Role of different sectors in Juvenile Intervention and Prevention

Family - the family shall be responsible for the primary nurturing and rearing of
children, which are critical in delinquency prevention. As far as practicable and in
accordance with the procedures of the Act, a child in conflict with the law shall be
maintained in his/her family. Educational system by way of contributing to juvenile
intervention and delinquency prevention, educational institutions shall:
(1) Work together with families, community organizations and agencies in the
prevention of juvenile delinquency and in the rehabilitation and reintegration
of child in conflict with the law.
(2) Provide adequate, necessary and individualized educational schemes for
children manifesting difficult behavior and children in conflict with the law.
(3) In cases where children in conflict with the law are taken into custody or
detained in youth rehabilitation centers, provide the opportunity to continue
learning under an alternative learning system with basic literacy program or
non-formal education accreditation equivalency system.

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 In addition to their academic and vocational training activities, educational
institutions shall devote particular attention to the following:
(1) Teaching of basic values and developing respect for the child’s own cultural
identity and patterns, for the social values of the country in which the child is
living, for civilizations different from the child’s own and for human rights and
fundamental freedoms;
(2) Promotion and development of the personality, talents and mental and
physical abilities of children to their fullest potential;
(3) Involvement of children as active and effective participants in, rather than
mere objects of, the educational process;
(4) Undertaking activities that foster a sense of identity with and of belonging to
the school and the community;
(5) Encouragement of young persons to understand and respect diverse views
and opinions, as well as cultural and other differences;
(6) Provision of information and guidance regarding vocational training,
employment opportunities and career development;
(7) Provision of positive emotional support to children and the avoidance of
psychological maltreatment;
(8) Prohibition of harsh disciplinary measures, particularly corporal punishment;
(9) Seek to work together with parents, community organizations and agencies
concerned with the activities of children;
(10) Extend particular care and attention to children at risk. Specialized
prevention programs and educational materials, curricula, approaches and
tools should be developed and fully utilized;
(11) Give special attention to comprehensive policies and strategies for the
prevention of alcohol, drug and other substance abuse by children. Teachers
and other professionals should be equipped and trained to prevent and deal
with these problems. Information on the use and abuse of drugs, including
alcohol, should be made available to the student body;
(12) Serve as resource and referral centers for the provision of medical,
counseling and other services to children, particularly those with special
needs and suffering from abuse, neglect, victimization and exploitation;
(13) Attempt to meet and promote the highest professional and educational
standards with respect to curricula, teaching and learning methods and
approaches, and the recruitment and training of qualified teachers;
(14) Plan, develop and implement extracurricular activities of interest to
children, in cooperation with community groups;
(15) Give special assistance to children who find it difficult to comply with
attendance rules, and to “drop-outs;”
(16) Promote policies and rules that are fair and just.

Mass media - the mass media shall play an active role in the promotion of child
rights, and delinquency prevention by relaying consistent messages through a balanced
approach. Media practitioners shall, therefore, have the duty to maintain the highest

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critical and professional standards in reporting and covering cases of children in conflict
with the law consistent with the Guidelines for Media Practitioners on the Reporting and
Coverage of Cases Involving Children issued by the Special Committee for the Protection
of Children.

In all publicity concerning children, the best interest of the child should be the
primordial and paramount concern. Any undue, inappropriate and sensationalized
publicity of any case involving a child in conflict with the law is hereby declared a
violation of the child’s rights. The right of the child in conflict with the law to have
his/her privacy shall be respected. Any material information obtained by media
practitioners on the child in conflict with the law must not be used in violation of this
right or in any manner that may lead to the child’s identity. Media practitioners shall
not disclose the identities of the relatives of the child to maintain confidentiality and
privacy.
The mass media shall also be encouraged:
(1) To ensure that children have access to information and material from a
diversity of national and international sources;
(2) To portray the positive contribution of children to society; and
(3) To disseminate information on the existence of services, facilities and
opportunities for children in society.

INITIAL CONTACT WITH THE CHILD

Initial contact refers to the apprehension or taking into custody of a child in

conflict with the law by a law enforcement officer or private citizen. It includes the time
when the child alleged to be in conflict with the law receives a subpoena under Section
3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section
6(a) or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict
with the law under immediate custody.

If initial contact by private citizens or non-law enforcement officers - In the event

a child in conflict with the law is apprehended or taken into custody by private citizens,
the child shall be immediately referred to the appropriate law enforcement officer for
the child to undergo the proper investigation as provided in the succeeding Rules.

Procedure for taking child into custody

From the moment the child is taken into custody, the law enforcement officer
shall faithfully observe the following procedure as provided in Section 21 of the Act:

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 (a) Properly identify him/herself and present proper identification to the
child.
(b) Immediately notify the child’s parents/guardians, the local social
welfare and development officer (LSWDO), and the Public Attorney’s Office of the
child’s apprehension. The notification shall be made not later than eight (8) hours
afer apprehension.
(c) Explain to the child in simple language and in a language or dialect
that he/she can understand: The reason for placing the child under custody; The
offense that he/she allegedly committed; and His/her constitutional rights.
(d) Immediately start the determination of the age of the child in
accordance with the guidelines provided in Rule 30 of this Act.
(e) Take the child immediately to the proper medical and health officer
for a thorough physical and mental examination. Whenever the medical
treatment is required, steps shall be immediately undertaken to provide the
same.
(f) Turn over the custody of the child to the LSWDO or other accredited
nongovernmental organizations immediately but not later than eight (8) hours
afer apprehension. The turn over of custody shall be done within the same eight
(8) hours referred in item (b) under this Rule. However, in cases where the child
is found to be below the age of criminal responsibility as defined in Section 20 of
the Act, the law enforcement officer shall immediately release the child to
his/parents in accordance with Rule 31 below. The turnover of children below
the age of criminal responsibility to parents notwithstanding, the law
enforcement officer shall proceed with the initial investigation, where
appropriate. The above procedure must be conducted in strict observance of the
prohibitions provided in Section 21 of the Act and in Rule 28 below while the law
enforcement officer is in custody of the child.
(g) A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender as prescribed in Section 21 of the Act.

Initial Investigation: Nature and objective

The initial investigation is the stage afer initial contact when the law
enforcement officer takes the statement of the child in conflict with the law. The law
enforcement officer shall, in the conduct of the initial investigation, determine where
the case involving the child in conflict with the law should be referred.

Who conducts; who are present

As provided in Section 22 of the Act, the law enforcement officer, specifically

from the Women and Children Protection Desk where present, shall take the
statement of the child during the initial investigation, which shall be conducted in the
presence of the following:

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 (1) Child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office;
(2) Child’s parents, guardian, or nearest relative, as the case may be; and
(3) LSWDO. In the absence of the child’s parents, guardian, or nearest relative,
and of the LSWDO, the investigation shall be conducted in the presence of a
representative of an NGO or faith-based group, or a member of the BCPC.

In taking the statement of the child, the law enforcement officer shall observe
the following guidelines:

(1) The investigation shall be child friendly and be conducted in a non-

intimidating manner.
(2) The interview of the child shall be conducted in a separate interview room to
make the child feel comfortable and free to express him/herself.
(3) The law enforcement officer shall use simple and understandable language in
taking the statement of the child during the initial investigation.
(4) The law enforcement officer shall allow the LSWDO, or the persons taking
his/her place as above enumerated, to actively assist in conducting the initial
investigation.
(5) There should be enough privacy to avoid unnecessary interruptions,
distractions and/or participation from non-parties that could humiliate or make
the child uncomfortable.
(6) The written statement to be prepared shall reflect the language used by the
child and not the language used by the law enforcement officer. The initial
investigation shall be conducted in the best interest of the child and in a manner,
which allows the child to participate and to express him/herself freely.

Signing statements

The law enforcement officer conducting the initial investigation shall ensure that
all statements signed or thumb marked by the child during investigation shall be
witnessed by the child’s parents or guardian, the LSWDO, or if not present, any other
social worker, or counsel in attendance, who shall affix his/her signature to the said
statement. Afer taking the statement of the child who is above fifeen (15) years of age
but below eighteen (18) years of age, the law enforcement officer shall refer the records
of the child to the LSWDO for an assessment if the child acted with discernment as
provided in Rule 34. The law enforcement officer shall transmit the following records of
the child to the LSWDO:

(1) Written statement of the child;

(2) Other pertinent records such as the documents showing the basis for the
determination of the age of the child;
(3) Medical report if available; and

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 (4) All other records that may assist the LSWDO in making an assessment if the
child acted with discernment.

The LSWDO shall, as part of the initial investigation, assess if the child acted with
discernment in accordance with Rule 34 and make the necessary recommendation to
the law enforcement officer on the basis of said assessment. The law enforcement
officer shall consider the assessment made by the LSWDO in preparing the report of the
initial investigation and in deciding where to refer the case of the child.

Report on initial investigation; what to record

Afer the initial investigation, the law enforcement officer conducting the same
shall prepare a report, which contains the following information:
(1) Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
(2) That the parents or guardian of a child, the DSWD or the LSWDO, and the
PAO have been duly informed of the apprehension and the details thereof;
(3) The exhaustion of measures to determine the age of a child;
(4) The basis for the determination of the age of the child;
(5) The precise details of the physical and medical examination or the failure to
submit a child to such examination;
(6) To whom the child was released and the basis for the release; and
(7) Where the case shall be referred as provided in the next Rule and the basis
for such disposition, i.e., the nature of the offense allegedly committed by the
child, the corresponding imposable penalty for the commission of the alleged
offense, and the assessment of discernment as provided in Rule 34.

Where the case shall be referred

Afer the initial investigation, the law enforcement officer shall determine if the
case of the child shall be referred to:
(1) The LSWDO for intervention in accordance with Section 20 of the Act and
Part VII of these Rules if the child is Fifeen (15) years old or below; or Above 15
but below 18 years of age and acted without discernment.
(2) Diversion, in accordance with Section 23 of the Act and Part VIII of these
Rules, under the: Law enforcement officer if the child is above 15 but below 18
years of age, acted with discernment and allegedly committed an offense with an
imposable penalty of not more than six (6) years of imprisonment; or LSWDO if
the child is above 15 but below 18 years of age, acted with discernment and
allegedly committed an offense that is a victimless crime with an imposable
penalty of not more than six (6) years of imprisonment.
(3) The prosecutor or judge if the child is above fifeen (15) but below 18 years of
age, acted with discernment and allegedly committed an offense with an

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 imposable penalty of more than six (6) years of imprisonment. The report on the
initial investigation as required under Rule 23.f. shall state where the case shall
be referred and the basis for such disposition, which include the following
information: The nature of the offense allegedly committed by the child; The
corresponding imposable penalty for the commission of the offense; and Where
the case of the child shall be referred in the event of an assessment that the child
acted with discernment as provided in Rule 34.

Turnover of Custody

In all cases, the law enforcement officer shall turn over the physical custody of
the child to the LSWDO within eight (8) hours from apprehension, as required under
Section 21(i) of the Act. The physical custody of the child shall be transferred to the
LSWDO even if the law enforcement officer has not yet exhausted all measures to
determine the age of the child under Rule 30 and even if the initial investigation under
Rule 23 has not yet been terminated. Afer the physical custody of the child is turned
over, the LSWDO shall then explain to the child and the child’s parents/guardians the
consequences of the child’s act with a view towards counseling and rehabilitation,
diversion from the criminal justice system, and reparation, if appropriate, as required by
Sec. 21(i) of the Act. In the event a child whose custody is turned over by the law
enforcement officer is fifeen (15) years old or below, the LSWDO shall take all measures
to release the child to the parents or guardians, or to any of the persons or organizations
provided in Rule 31.b, and proceed with the development of appropriate programs.

Pending turnover of custody

Pending the turn over of the custody of the child to the parents, guardians or the
LSWDO, as in cases when the child is apprehended at night time or during weekends, the
law enforcement officers shall ensure that the child shall be temporarily secured in an
area separate from that of the opposite sex and adult offenders and not put in the
detention cell or jail. The temporary physical custody of child in such cases may also be
given to a duly registered NGO, i.e., licensed and accredited by the DSWD, a faith-based
organization, a barangay official, or a member of the BCPC.

Duty to maintain confidentiality and privacy

From the time he/she takes custody of the child in conflict with the law, the law
enforcement officer shall handle the case of the child with utmost confidentiality.
Particularly, the law enforcement officer shall:
(a) Use a system of coding that provides aliases for children taken into
custody;
(b) Maintain a separate logbook for children in conflict with the law;

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 (c) Exclude the public, particularly the media, from the area where the
child is being held in custody pursuant to Section 43 of the Act;
(d) Not provide any detail or information to the public, particularly the
media, that shall lead to the identity of the child;
(e) Keep the results of the medical examination confidential; and
(f) Mark the records of the child and the report on the initial
investigation as confidential. The law enforcement officer shall direct the media
to observe the Guidelines for Media Practitioners on the Reporting and Coverage
of Cases Involving Children issued by the Special Committee for the Protection of
Children.

Prohibited acts when in custody of child

(1) Detention - A child in conflict with the law shall not be locked up in a
detention cell .The child shall not be detained in the provincial, city or municipal
jail, even if there are quarters separate from adult detainees.
(2) Search by an officer of the opposite sex - A child in conflict with the law shall
not be searched by a law enforcement officer of the opposite sex.
(3) Contact with adult offenders and offenders of opposite sex - Should the
detention of the child in conflict with the law be necessary pending turnover to
the LSWDO or the other persons who may take custody of the child under
Section 21(i) of the Act [Rule 31.b], the child shall be secured in quarters
separate from that of the opposite sex and adult offenders.
(4) Vulgar language - As required under Section 21(d) of the Act, the law
enforcement officer having custody of the child shall refrain from using vulgar or
profane words and from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law.
(5) Harassment and abuse - The law enforcement officer shall refrain from
sexually harassing or abusing, or making sexual advances on the child in conflict
with the law.
(6) Display and use of instruments of force or restraint - The law enforcement
officer shall refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for apprehension. If handcuffs or other instruments of
restraint are used on the child, the law enforcement officer shall record such fact
in the report on the initial investigation as required under Section 21(l) of the Act
and Rule 23.f, and the reason for the use of such instruments of restraint. As
required under Section 21(e) of the Act, the law enforcement officer from the
time of initial contact with the child shall also avoid displaying or using any
firearm, weapon, handcuffs or other instruments of force or restraint, unless
absolutely necessary and only afer all other methods of control have been
exhausted and have failed.
(7) Violence or unnecessary force - As prescribed by Section 21(g) of the Act, the
law enforcement officer shall avoid the use of violence or unnecessary force on
the child in conflict with the law.

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 Prohibitions also applicable to non-law enforcement officers - Other authorities
including but not limited to persons to whom custody of the child is turned over under
and all persons having contact with the child in conflict with the law shall also strictly
observe the prohibitions under this Rule.

CRIMINAL RESPONSIBILITY

Who are exempt? As provided in Section 6 of the Act, the following shall be
exempt from criminal liability:
(1) A child fifeen (15) years of age or under at the time of the commission of the
offense;
(2) A child above fifeen (15) years but below eighteen (18) years of age who
acted without discernment at the time of the commission of the offense.

Treatment of children exempt from criminal responsibility

Children exempt from criminal liability as referred in this Rule shall be subjected
to an intervention program pursuant to Section 20 of the Act and Part VII of these Rules.
Non-exemption from civil liability - the exemption from criminal liability of children
under this Rule does not include exemption from civil liability, which shall be enforced in
accordance with existing laws.

Who determines the age; when and how - As provided in Rule 22, the law
enforcement officer having initial contact with the child, afer taking the child into
custody, shall immediately determine the age of the child. In making such
determination, the law enforcement officer shall, consistent with Section 7 of the Act,
take any or all of the following measures to ascertain the age of the child:

(1) Obtain documents that show proof of the child’s age, such as:
(a) Child’s birth certificate;
(b) Child’s baptismal certificate; or
(c) Any other pertinent documents such as but not limited to the child’s
school records, dental records or travel papers. The law enforcement
officer may obtain the above documents from any of the following:
(a) Parents, guardian or relatives of the child (for copies of any of the
above documents);
(b) Local civil registrar or the National Statistics Office (for a copy of the
birth certificate);
(c) School the child attends (for school records, dental records, birth
certificate or baptismal certificate, when required by the school);
(d) Local health officer (for medical records); and
(e) Church (for baptismal records).

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 (2) When the above documents cannot be obtained or pending receipt of such
documents, the law enforcement officer shall exhaust other measures to
determine age by:
(a) Interviewing the child and obtaining information that indicate age
(e.g., date of birthday, grade level in school);
(b) Interviewing persons who may have knowledge of the age of the child
(e.g., relatives, neighbors, teachers, classmates);
(c) Evaluating the physical appearance (e.g., height, built) of the child;
and
(d) Obtaining other relevant evidence of age. The law enforcement officer
may obtain the assistance of the LSWDO and the BCPC in gathering
documents and other relevant information in ascertaining the age of
the child.

In case of doubt; presumption of minority - In case of doubt as to the age of the

child, afer all measures are exhausted to determine it, the age shall be resolved in
his/her favor. As provided in Section 7 of the Act, the child in conflict with the law shall
enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict
with the law until he/she is proven to be eighteen (18) years old or older.

If age is contested - As provided in Section 7 of the Act, any person contesting the
age of the child in conflict with the law prior to the filing of the information in any
appropriate court may file a case in a summary proceeding for the determination of age
before the Family Court which shall decide the case within twenty four (24) hours from
receipt of the appropriate pleadings of all interested parties. If a case has been filed
against the child in conflict with the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the child in the same court where the
case is pending. Pending hearing on the said motion, proceedings on the main case shall
be suspended. In all proceedings, law enforcement officers, prosecutors, judges and
other government officials concerned shall exert all efforts at determining the age of the
child in conflict with the law.

Below the age of criminal responsibility

If it has been determined that the child taken into custody is fifeen (15) years
old or below, the authority which will have initial contact with the child has the duty
to:
(1) Immediately release the child to the custody of his/her parents or guardian,
or in the absence thereof, the child’s nearest relative; and
(2) Notify the LSWDO for the determination of appropriate intervention and
prevention programs for the child.

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Custody of child below age of criminal responsibility

If the parents, guardians or nearest relatives cannot be located, or if they

refuse to take custody of the child, the child may be released by the authority having
initial contact with the child to any of the following:
(1) A duly registered non-governmental organization, i.e., duly licensed and
accredited by the DSWD;
(2) A faith-based organization;
(3) A barangay official;
(4) A member of the BCPC;
(5) An LSWDO; or
(6) The DSWD when and where appropriate.

If parents, guardians or relatives are unable to take custody of the child due to
mental or physical incapacity or incarceration, the child shall be referred to alternative
placement such as foster homes, in addition to what has been provided in the Act.

Duty of the local social worker

Immediately afer being notified of the apprehension of the child fifeen (15)
years old or below, the LSWDO shall (1) Prepare a case study report on the child; and (2)
Determine the appropriate intervention and prevention programs in consultation with
the child and the person having custody over the child. The LSWDO shall also determine
if the child is abandoned, neglected or abused by his/her parents for purposes of filing a
petition for involuntary commitment if necessary. If the safety of the child is in danger in
view of the alleged commission of the offense, the LSWDO shall encourage the parent or
guardian of the child to request for temporary custody of the child to the DSWD or
licensed and accredited NGOs. In the event the parent or guardian does not agree to the
request for temporary custody of the child, the LSWDO shall carefully review the case of
the child and file a petition for involuntary commitment when sanctioned by law, in
accordance with P.D. 603 and the SC Rule on Commitment of Children.

Petition for involuntary commitment

A petition for involuntary commitment may be filed by the LSWDO with the
technical assistance of DSWD, or by the DSWD if:

(a) The child in conflict with the law is found by the LSWDO to be
abandoned, neglected or abused by his/her parents; or
(b) he parents do not comply with the intervention and prevention
programs as determined under Part VII of these Rules. A child in conflict with the
law is considered:

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 (1) “Abandoned” when the child has no proper parental care or
guardianship or when the child’s parents or guardians have deserted
him/her for a period of at least six (6) continuous months, as provided in
Art. 141(2), Title VIII of P.D. 603;
(2) “Neglected” when his/her basic needs have been
deliberately unattended or inadequately attended as provided in Art.
141(3) of P.D. 603; or
(3) “Abused” when upon the evaluation of the LSWDO, the child
is found to be maltreated, whether habitual or not, as defined in Section
3(b) of Republic Act No. 7610, or the “Special Protection of Children
Against Abuse, Exploitation and Discrimination Act” [“R.A. 7610”].

Above the age of criminal responsibility

The child in conflict with the law who is above fifeen (15) but below eighteen
(18) years of age shall be exempt from criminal responsibility, unless he/she acted with
discernment. Being exempt, the child shall be dealt with in the same manner as a child
who is below the age of criminal responsibility as provided in Rule 30 and Part VII of
these Rules. If the child in conflict with the law is above fifeen (15) years old but below
eighteen (18) years of age acted with discernment, the child shall proceed to diversion
under

Discernment

Discernment is the mental capacity to understand the difference between right

and wrong and its consequences.

The LSWDO, afer the law enforcement officer refers the records of a child who
is fifeen (15) years old or above but below eighteen (18) years old as provided in
Rule25.f, shall prepare a report indicating an assessment if the child acted with
discernment for the purpose of determining whether to proceed with intervention
under Sec. 20 of the Act (Part VII of these Rules) or with diversion under Chapter 2 of
the Act (Part VIII of these Rules). In making an assessment if the child who is above
fifeen (15) years but below eighteen (18) years of age acted with discernment, the
LSWDO shall take into consideration:

(1) All the facts and circumstances of the case;

(2) The educational level and performance of the child in conflict with the law;
(3) The appearance, attitude, comportment and behavior of the child in conflict
with the law, before, during and afer the commission of the offense. The LSWDO
shall consider only factors that indicate if the child acted with discernment and

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 not indicators of premeditation or intention to commit the alleged offense. The
LSWDO shall be further guided by procedures to be prescribed by the DSWD in
making an assessment of the presence or absence of discernment. The LSWDO
shall endeavor continuously be updated with latest trends in conducting
psychosocial analyses of children and research on factors affecting the behavior
of children in conflict with the law.

Afer making an assessment, the LSWDO shall prepare a report showing the basis
for the assessment if the child acted with or without discernment. This report shall be
submitted to the law enforcement officer handling the case of the child. Afer receipt of
the report by the LSWDO, the law enforcement officer shall conclude the initial
investigation and refer the case of the child in accordance with Rule 26.

If afer consideration of the initial assessment that the child who is above
fifeen (15) but below eighteen (18) years of age acted without discernment, the law
enforcement officer refers the case of the child to the LSWDO for intervention
pursuant to Rule 26(1), the LSWDO has the duty to:

(1) Immediately release the child to the custody of his/her parents or guardian,
or in the absence thereof, the child’s nearest relative or to those listed in Rule 31
when appropriate; and
(2) Determine the appropriate intervention and prevention programs for the
child as provided in Part VII of these Rules.

The offended party, in the event he/she contests the assessment of absence of
discernment, may file the appropriate case before the prosecutor.

INTERVENTION FOR CHILDREN EXEMPT FROM CRIMINAL LIABILITY

The following children exempt from criminal liability shall be given the
appropriate intervention programs:

(a) Those taken into custody who are fifeen (15) years old or below;
and
(b) Those above fifeen (15) but below eighteen (18) years old and
found to have acted without discernment.

Factors in determining appropriate intervention programs

In determining the appropriate intervention and prevention programs for

children exempt from criminal liability, the LSWDO shall take into account the best
interest of the child, which considers, among others, the following:

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 (a) Circumstances of the child (e.g., age, level of development, educational
background);
(b) Needs of the child if specially disadvantaged, i.e., street child, or child with
mental or physical difficulties;
(c) Family and social background of the child;
(d) Influence of the family and environment on the growth of the child;
(e) Ability and willingness of the parents or guardians to guide and supervise the
child;
(f) Nature and circumstances of the offense charged;
(g) Availability of community-based programs for intervention and prevention;
and
(h) Safety and security of the child.

The LSWDO shall further be guided by the principles of intervention as provided

in Rule 15.The LSWDO shall engage the active participation of the child, in accordance
with his/her evolving capacity, and his/her parents or guardians in the formulation and
the implementation of the intervention programs.

Kinds of intervention programs

The intervention programs for the child exempt from criminal liability may
include any or a combination of the following:
(a) Counseling;
(b) Peer counseling and life skills training and education;
(c) Provision of support services to the family, e.g., parent effectiveness service,
livelihood programs, skills trainings, etc.;
(d) Referral to other agencies for appropriate services, e.g., education, health,
skills training, etc.; and
(e) Access to child and youth organizations in the community, such as but not
limited to the Sangguniang Kabataan. The intervention programs determined by
the LSWDO also include programs for the parents and family of the child. The
time frame of the intervention programs and the outcome desired shall be
specified.

The child and the parents, guardian or persons having custody of the child shall
regularly report to the LSWDO who determined the intervention program for
evaluation of the:
(a) Effectiveness of the program; and
(b) Compliance by the child and the parents with the terms and conditions of the
prevention program. The frequency of reporting shall be determined by the
LSWDO in the intervention program. To determine compliance with the program,
the LSWDO shall also:

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 (a) Conduct periodic visits at the home of the child or at the place where the
custody of the child is given; and
(b) Conduct case conference with local officials and authorities of the school
where the child attends.

If the child and the parents, guardian or persons having custody of the child fail
to comply with the intervention program, despite exhausting all efforts to assist them,
the LSWDO may file the proper petition for involuntary commitment of the child
pursuant to P.D. 603.

DIVERSION FOR CHILDREN WHO ACTED WITH DISCERNMENT

Diversion refers to an alternative, child-appropriate process of determining the

responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without resorting to
formal court proceedings. In implementing diversion, the following principles shall be
considered:

(a) Use of positive measures;

(b) Full mobilization of all possible resources, which include the family,
volunteers, schools and other community institutions;
(c) Effective, fair and humane dealing with the child; and
(d) Promotion of the well-being of the child.

Who shall undergo; venue of diversion

Pursuant to Section 23 of the Act, the child in conflict with the law shall
undergo diversion proceedings if he/she:
(a) Is above fifeen (15) years but below eighteen (18) years of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable penalty of not more than
six (6) years of imprisonment if diversion is conducted at the barangay, police or
prosecutor’s level, and not more than twelve (12) years of imprisonment, if
diversion is resorted to by the court.

Where diversion may be conducted

As provided under Section 24 of the Act, if the imposable penalty for the
offense committed is not more than six (6) years of imprisonment, diversion may be
conducted at the:
(a) Katarungang Pambarangay level under the Punong Barangay as provided in
Rule 43;

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 (b) Police investigation stage under the law enforcement officer as provided in
Rule 44; or
(c) Inquest or preliminary investigation stage under the prosecutor as provided
in Rule 55. If the offense with the imposable penalty of not more than six (6)
years imprisonment is a victimless crime, the diversion proceedings shall be
conducted by the LSWDO in coordination with the BCPC. If the imposable
penalty for the offense committed exceeds six (6) years of imprisonment but
not more than twelve (12) years of imprisonment, diversion may resorted to
only by the court.

At the Katarungang Pambarangay level, diversion prior to entry to the criminal

justice system, a child in conflict with law may undergo diversion proceedings outside
the criminal justice system when his/her case is referred to the barangay through the
Lupon Tagapamayapa. Diversion at the Katarungang Pambarangay level shall be
conducted by the Lupon Tagapamayapa, chaired by the Punong Barangay, with the
assistance of the members of the BCPC, as provided in Section 23 (a) of the Act.

Nature of proceedings; participants

The Punong Barangay shall conduct mediation, family conferencing and

conciliation and, where appropriate, adopt indigenous modes of conflict resolution with
a view to accomplishing the objectives of restorative justice and the formulation of a
diversion program. The child and his/her family shall be present in the conduct of these
diversion proceedings. The offended party may participate in the diversion proceedings.
The absence of the offended party in the diversion proceedings or his/her disagreement
in its conduct shall not prevent the proceedings from being conducted. The Punong
Barangay shall, however, endeavor to obtain the participation and the consent of the
offended party in the formulation of the diversion program.

Formulation and supervision of diversion program at the Barangay level - The

diversion program at the Katarungang Pambarangay level shall be formulated by the
Punong Barangay with the assistance of the BCPC members in accordance with Rule 49.
The supervision of the diversion program at this level shall likewise be done by the
Punong Barangay, with the assistance of the BCPC. As a form of monitoring, the
members of the BCPC and the community volunteers to be designated by the BCPC may
conduct house visits with the child and his/parents or guardian to track the child’s
compliance with the contract of diversion and the child’s performance of the diversion
program. This may be done in consultation with the LSWDO.

Duty of Punong Barangay when there is no diversion

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 Pursuant to Section 27 of the Act, the Punong Barangay handling the case shall,
within three (3) days from determination of absence of jurisdiction or termination of the
diversion proceedings as provided below, forward the records of the case to the:

(1) Law enforcement officer or prosecutor – when the child or the child’s
parents/guardian does not consent to a diversion. Upon the issuance of the
corresponding document, certifying to the fact that no agreement has been
reached by the parties, the case shall be filed according to the regular
process.
(2) Prosecutor or the court – when the case involves an offense with an
imposable penalty of more than six (6) years imprisonment.

When conducted at the law enforcement level - Diversion shall be conducted at

the law enforcement level when:
(1) Afer the conduct of diversion proceedings at the Katarungang
Pambarangay level, the child or the child’s parents/guardian does not consent
to a diversion and the Punong Barangay forwards the case of the child as
provided under Rule 43.d (i);
(2) Afer the conduct of the initial investigation, the law enforcement
officer determines that the child is above 15 but below 18 years of age, acted
with discernment and allegedly committed an offense, that is not a victimless
crime, with an imposable penalty of not more than six (6) years of
imprisonment, as provided under Rule 26(2)(a).

Who conducts and assists

Diversion at the police investigation stage shall be conducted by the law

enforcement officer with the assistance of the LSWDO, as provided in Section 23(a) of
the Act.

Nature of proceedings; participants - The nature of diversion proceedings to be

conducted by the law enforcement officer and the participants therein shall be the same
as that under Rule 43.c. Rule 44.d. Duty of the law enforcement officer when there is no
diversion Pursuant to Section 23 of the Act, the law enforcement officer handling the
case shall forward the records of the case to the prosecutor or judge when the case
involves an offense with an imposable penalty of more than six (6) years imprisonment;
or the child or the child’s parents/guardian does not consent to a diversion. The case
records shall be forwarded within three (3) days from determination of absence of
jurisdiction or termination of the diversion proceedings as above stated. The prosecutor
or judge to whom the records are referred shall conduct the preliminary investigation
and determine whether or not the child should remain under custody and
correspondingly charged in court.

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When diversion is conducted at the LSWDO level

Diversion shall be conducted at the level of the LSWDO when afer the conduct
of initial investigation, the law enforcement officer determines that the child is above 15
but below 18 years of age, acted with discernment and allegedly committed a victimless
crime where the imposable penalty is not more than six (6) years of imprisonment, as
provided under Rule 26(2)(b).

Nature of proceedings - The LSWDO shall meet with the child and his/her
parents or guardians for the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC.

At the court level

Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court and will
proceed in accordance with the SC Rules on Juveniles in Conflict with the Law.

Diversion proceedings

The authority conducting the diversion proceedings shall:

(1) Explain to the child and his/her family the objective of the diversion
proceedings, the value of diversion and the consequence of not undergoing
diversion.
(2) Ask the child of the circumstances of the offense, the motives or
purpose of the offense and the factors that led the child to commit the offense.
(3) Ask the child of his/her personal circumstance including his/her
parents and family, his/her peers and educational status.
(4) Make the child in conflict with the law understand the consequences
of his/her actions and the corresponding responsibilities.
(5) Ensure that the child understands and realizes his/he accountability,
be remorseful of his/her actions and takes on the responsibility in repairing the
harm done in lieu of filing a formal case in the court. The authority conducting
the diversion proceedings shall also determine if diversion is appropriate and
desirable based on the factors provided in the next Rule. Upon a finding that
diversion is not applicable or desirable, the authority handling the diversion
proceedings shall issue the corresponding document certifying to such fact and
shall file the case according to the regular process.

Factors in determining if diversion is appropriate

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 In determining whether diversion is appropriate and desirable, the following
factors shall be taken into consideration by the authority conducting the diversion
proceedings:

(1) Nature and circumstances of the offense charged;

(2) Frequency and the severity of the act;
(3) Circumstances of the child (e.g. age, maturity, intelligence, etc.);
(4) Influence of the family and environment on the growth of the child;
(5) Reparation of injury to the victim;
(6) Weight of the evidence against the child;
(7) Safety of the community; and
(8) Best interest of the child. The determination of appropriateness and desirability
of diversion shall consider the recommendation of the LSWDO, when applicable.

Conduct of diversion proceedings

The authority conducting the diversion proceedings shall ensure that the
proceedings are child-friendly and sensitive to the needs, welfare and the protection of
the rights of the child in conflict with the law. The authority shall use language that is
simple and understandable to the child in conflict with the law. Diversion proceedings
shall be conducted in a place where the identities of the child and the parties concerned
are kept confidential. There should be enough privacy to avoid unnecessary
interruptions, distractions and/or participation from non-parties that could humiliate or
make the child uncomfortable. The DSWD, in consultation with the LGUs particularly
LCPCs, shall formulate rules and guidelines that should be followed during the diversion
proceedings to protect the child from coercion, intimidation, harm, abuse, or other
actions detrimental to the child. Such guidelines shall ensure that the child understands
the diversion proceedings in which he/she is involved.

Custody pending diversion proceedings

Pending the conduct of the diversion proceedings, the custody of the child shall
be given to the parents, guardians, relatives or any other responsible person in the
community, taking into consideration the best interest of the child in conflict with the
law.

Whose consent required; if not obtained

The consent of the child and of the parents or guardian of the child shall be
obtained in arriving at a contract of diversion. When the consent of either is not
obtained, the diversion proceedings shall be terminated and the case of the child
referred in accordance with Rule 51.

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Length of proceedings; when terminated

The diversion proceedings shall be completed within forty-five (45) days. Diversion
proceedings are deemed terminated when:
(1) A contract of diversion has been entered;
(2) The forty-five day period expires without any agreement reached;
(3) The child or his/her parents or guardian do not consent to a diversion;
(4) The authority conducting the diversion finds that diversion is not applicable
based on the factors enumerated in the immediately preceding Rule.

Contract of diversion

A contract of diversion may be entered during the diversion proceedings when

the child voluntarily admits the commission of the act as provided in Section 26 of the
Act. The voluntary admission of the child during the diversion proceedings shall be only
deemed as consent to undergo the diversion program and shall not be considered a plea
of guilt.

Admission not to be taken against the child

Any admission of the child shall not be used against the child in any subsequent
judicial, quasi-judicial or administrative proceedings. Neither shall the admission be used
against the child through denial of privileges and opportunities, discrimination in
treatment, or imposition of any form of liability or punishment by reason of such
admission.

Acceptance of contract; form and content The contract of diversion containing

the diversion program shall be effective and binding if accepted by the child and the
parents or guardian of the child. The contract shall be in writing and signed by the:

(1) Child;
(2) Parents or guardian of the child;
(3) Authority that conducted the diversion proceedings (the Punong Barangay,
the law enforcement officer or the prosecutor);
(4) Member of the BCPC assisting the Punong Barangay, in cases of diversion
proceedings at the Katarungang Pambarangay level; and
(5) LSWDO in cases of diversion proceedings by the law enforcement officer or
by the prosecutor.
(1) The contract of diversion shall contain the individualized diversion program
and shall stipulate the rights, responsibilities or accountabilities of the child, the
parents or guardian and the offended party, when applicable. The contract of
diversion considers as the responsibility or accountability of the child to restore
the harm done in view of the offense committed. As such, the authority

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 conducting the diversion proceedings shall endeavor to obtain the agreement of
the offended party in the formulation of the individualized diversion program
contained in the contract of diversion by:
 Explaining to the offended party the benefits of forgiveness and diversion,
and the need to reform the child within the auspices of the community
instead of detention homes or rehabilitation centers once the child
expresses remorse and a willingness to ask for forgiveness from the
offended party;
 Assuring the offended party that the LSWDO, together with the local
government and the community, will take care of the responsibility of
reforming and monitoring the child through various diversion programs.
However, the acceptance of the offended party is not required for a
contract of diversion to be valid.

Factors Considered in Formulating of the diversion program

The diversion program shall be formulated during the diversion proceedings. In

the formulation of the diversion program, the individual characteristics and the
peculiar circumstances of the child in conflict with the law, including but not limited to
the cultural, social, economic and religious circumstances of the child, shall be used to
formulate an individualized treatment. Consistent with Section 30 of the Act, the
following factors shall be considered in formulating a diversion program for the child:
(1) The child’s feelings of remorse for the offense he/she committed;
(2) The parents’ or legal guardians’ ability to guide and supervise the child;
(3) The victim’s view about the propriety of the measures to be imposed;
(4) The availability of community-based programs for rehabilitation and
reintegration of the child; and
(5) Record of prior offenses, if any.
(2) The diversion program shall include adequate socio-cultural and
psychological responses and services for the child.

Kinds of diversion program

As provided in Section 31 of the Act, at the different stages where diversion may
be resorted to, the diversion programs may be agreed upon, such as, but not limited to:

At the level of the Punong Barangay:

(a) Restitution of property;
(c) Reparation of the damage caused;
(d) Indemnification for consequential damages;
(e) Written or oral apology;
(f) Care, guidance and supervision orders;

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 (g) Counseling for the child in conflict with the law and the child’s family;
(h) Attendance in trainings, seminars and lectures on: anger management
skills; problem solving and/or conflict resolution skills; values formation;
and other skills which will aid the child in dealing with situations which
can lead to repetition of the offense;
(i) Participation in available community-based programs, including
community service; or
(j) Participation in education, vocation and life skills programs.

At the level of the law enforcement officer and the prosecutor:

(a) Diversion programs specified
(b) Confiscation and forfeiture of the proceeds or instruments of the crime;

At the level of the appropriate court:

(a) Diversion programs specified
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or
(e) Institutional care and custody.

PROSECUTION

When to proceed to preliminary investigation

A child in conflict with the law shall proceed to appropriate preliminary

investigation in the following cases:
(a) The offense committed by the child in conflict with the law has an
imposable penalty of more than six (6) years;
(b) Offended party opts to file an action with failure to comply with the
terms of diversion;
(c) No consent or agreement to a diversion; and
(d) When considering the assessment and recommendation of the
LSWDO, the prosecutor determines that diversion is not appropriate for the child
in conflict with the law.

In cases where no consent or agreement to a diversion was reached at the level

of the law enforcement officer or LSWDO conducting the diversion proceedings, the
prosecutor shall still endeavor to arrive at an agreement to a diversion program.

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 If there is an allegation of torture or ill-treatment of a child in conflict with the
law during arrest or detention, it shall be the duty of the prosecutor to investigate the
same and initiate the corresponding legal action when necessary.

As provided in Section 33 of the Act, upon serving the subpoena and the affidavit
of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as
well as the personal information, and place of detention of the child in conflict with the
law.

Upon determination of probable cause by the prosecutor, the information

against the child shall be filed before the Family Court within forty-five (45) days from
the start of the preliminary investigation.

If the child in conflict with the law is deprived of liberty at the time the
prosecutor assumes jurisdiction of the case, the PAO has the duty to manifest to the
court such fact with the objective of obtaining an immediate order of release from the
Court.

COURT PROCEEDINGS

Where the maximum penalty imposed by law for the offense with which the
child in conflict with the law is charged is imprisonment of not more than twelve (12)
years, regardless of the fine or fine alone regardless of the amount, and before
arraignment of the child in conflict with the law, the court shall, pursuant to the SC Rules
on Juveniles in Conflict with the Law, determine whether or not diversion is appropriate.

Children detained pending trial may be released on bail or recognizance as

provided for under Sections 34 and 35 of the Act. In all other cases and whenever
possible, detention pending trial may be replaced by alternative measures, such as close
supervision, intensive care or placement with a family or in an educational setting or
home.

Institutionalization or detention of the child pending trial shall be used only as a

measure of last resort and for the shortest possible period of time.

Bail refers to the security given for the release of the person in custody of the
law, furnished by him/her or a bondsman, to guarantee his/her appearance before any
court. Bail may be given in the form of corporate security, property bond, cash deposit,
or recognizance. For purposes of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.

Recognizance refers to an undertaking in lieu of a bond assumed by a parent or

custodian who shall be responsible for the appearance in court of the child in conflict
with the law, when required. Where a child is detained, the court shall order the:

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 (a) release of the minor on recognizance to his parents and other suitable
persons;
(b) release of the child in conflict with the law on bail; or
(c) transfer of the minor to a youth detention home/youth rehabilitation
center.

No jail detention

The court shall not order the detention of a child in a jail pending trial or hearing
of his/her case. Whenever detention is necessary, a child will always be detained in
youth detention homes established by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where the child resides. In the absence of a
youth detention home, the child in conflict with the law may be committed to the care
of the DSWD or a local rehabilitation center recognized by the government in the
province, city or municipality within the jurisdiction of the court. The center or agency
concerned shall be responsible for the child’s appearance in court whenever required.
Automatic suspension of sentence

Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the court shall
place the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if
the juvenile is already eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.

Disposition measures

Upon suspension of sentence and afer considering the various circumstances of

the child, the court shall impose the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.

Discharge of the Child in Conflict with the Law

Upon the recommendation of the social worker who has custody of the child, the
court shall dismiss the case against the child whose sentence has been suspended and
against whom disposition measures have been issued, and shall order the final discharge
of the child if it finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance
with law.

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Return of the Child in Conflict with the Law to Court

If the court finds that the objective of the disposition measures imposed upon
the child in conflict with the law have not been fulfilled, or if the child in conflict with the
law has willfully failed to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall be brought before the
court for execution of judgment. If said child in conflict with the law has reached
eighteen (18) years of age while under suspended sentence, the court shall determine
whether to discharge the child in accordance with this Act, to order execution of
sentence, or to extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years.

Credit in Service of Sentence

The child in conflict with the law shall be credited in the services of his/her
sentence with the full time spent in actual commitment and detention under this Act.

Probation as an Alternative to Imprisonment

The court may, afer it shall have convicted and sentenced a child in conflict with
the law, and upon application at any time, place the child on probation in lieu of service
of his/her sentence taking into account the best interest of the child. For this purpose,
Sec. 4 of Presidential Decree No. 968, otherwise known as the “Probation Law of 1976”,
is hereby amended accordingly.

REHABILITATION AND REINTEGRATION

Rehabilitation is the process of rectifying or modifying a child’s negative attitude

and behavior. It enables the child to change his/her negative behavior into something
positive and acceptable to the community. Reintegration is the process, which promotes
or facilitates the acceptance of the child back to the community. It is the healing of the
victim’s and the community’s wounds that was inflicted on them by the offense.
Rehabilitation is integral to the process of reintegration.

As provided in Section 44 of the Act, the objective of rehabilitation and

reintegration of children in conflict with the law is to provide them with interventions,
approaches and strategies that will enable them to improve their social functioning with
the end goal of reintegration to their families and as productive members of their
communities. Specifically, the objectives of the rehabilitation and reintegration of
children in conflict with the law are the:

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 (a) Provision of protection that substitutes parental care to the children in conflict
with the law;
(b) Assistance to the children in gaining insight into their behavior and attitudes and
redirection of counter productive behavior patterns and anti-social attitudes into
more positive and constructive ones;
(3) c) Enhancement of the children’s coping capabilities and trust on others;
(c) Provision of opportunities for the children to acquire social and occupational
skills and improved self-image;
(4) (e) Facilitation of the disposition of the case in court and the child’s
reintegration with family and community; and
(e) Assistance to CICLs through educational intervention in the alternative learning
system.

Rehabilitation of children in conflict with the law

Children in conflict with the law, whose sentences are suspended may upon
order of the court, undergo any or a combination of disposition measures, which are
already in place, best suited to the rehabilitation and welfare of the child as provided in
the Supreme Court Rule on Juveniles in Conflict with the Law.

Community-based programs for rehabilitation

Nature and objectives of community-based rehabilitation In addition to the

objectives of rehabilitation and reintegration in Rule 71, community-based programs for
rehabilitation shall:

(1) Prevent disruption in the education or means of livelihood of the child in conflict
with the law in case he/she is studying, working or attending vocational learning
institutions;
(2) Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their relationship
and to create greater awareness of their mutual and reciprocal responsibilities;
(3) Facilitate the rehabilitation and mainstreaming of the child in conflict with the
law and encourage community support and involvement; and
(4) Minimize the stigma that attaches to the child in conflict with the law by
preventing jail detention.

The criteria in the development of programs for community-based

rehabilitation Every LGU shall establish community-based programs that will focus on
the rehabilitation and reintegration of the child. All programs shall meet the criteria to
be established by JJWC, which shall take into account the following:

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 (1) The purpose of the program, which is to promote the rights and welfare of the
child in conflict with the law;
(2) The need for the consent of the child and his/her parents or legal guardians to
ensure the effectiveness of the program and the involvement of the family; and
(3) The maximum participation of the DSWD accredited child-centered agencies in
the community where the child in conflict with the law is in, whether public or
private. The community-based programs that will specifically focus on the
reintegration of children in conflict with the law may include but should not be
limited to the existing/retained package of community-based programs being
implemented by the LGU.

The implementation of community-based rehabilitation programs under the

supervision and guidance of the LSWDO, and in coordination with his/her parents or
guardian, the child in conflict with the law shall participate in community-based
programs, which shall include, but are not limited to:

(a) Competency and life skills development;

(b) Socio-cultural and recreational activities;
(c) Community volunteer projects;
(d) Leadership training;
(e) Social services;
(f) Homelife services;
(g) Health services;
(h) Spiritual enrichment;
(i) Community and family welfare services; and
(j) Continuing education programs. Based on the progress of
the youth in the community, a final report will be forwarded by the local social
welfare and development officer to the court for final disposition of the case.

The family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation. If the community-based rehabilitation
is availed by a child in conflict with the law, he/she shall be released to parents,
guardians, relatives or any other responsible person in the community.

Institutional rehabilitation

The objective of rehabilitation of children in conflict with the law in institutions is

to provide care, protection, education and vocational skills, with a view to assisting them
to assume socially constructive and productive roles in society. Children in conflict with
the law who are placed in institutions shall receive care, protection and all necessary
assistance – social, educational, vocational, psychological, medical and physical – that
they may require because of their age, sex, and personality and in the interest of their
wholesome development.

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Where a child may be admitted for rehabilitation

In the event the court finds that community-based rehabilitation is inappropriate

and deprivation of liberty through institutional rehabilitation is required, the child in
conflict with the law may be committed to one of the following:

(1) Youth Detention Home;

(2) Youth Rehabilitation Center;
(3) Agricultural camps; and
(4) Other training facilities

As provided in Section 45 of the Act, no child shall be admitted in any

rehabilitation or training facility without a valid order issued by the court afer a hearing
for the purpose.

The details of the court order referred in Rule 74.c shall be immediately entered
in a register exclusively for children in conflict with the law. As required by Section 45 of
the Act, no child shall be admitted in any facility where there is no such register.

The LSWDO shall prepare a Social Case Study Report on the child in conflict with
the law and forward this Report to the rehabilitation facility that shall admit the child.
This
Report shall include the psychological evaluation, medical records, birth certificate,
school records and other documents necessary for planning the rehabilitation of the
child.

Treatment of children in institutional rehabilitation

As provided in Section 46 of the Act, the rehabilitation, training or confinement

area of children in conflict with the law shall provide a home environment where
children in conflict with the law can be provided with quality counseling and treatment.
In the interest and well-being of the child in conflict with the law admitted in any facility,
his/her parents or guardians shall have a right of access.

In all rehabilitation or training facilities, it shall be mandatory that children shall

be separated from adults, unless they are immediate members of the same family, as
provided in Section 46 of the Act. Under no other circumstance shall a child in conflict
with the law be placed in the same confinement as adults.

Female children in conflict with the law placed in an institution shall be given
special attention as to their personal needs and problems. In consideration of their
gender needs, female children in conflict with the law shall be handled only by female
doctors, correction officers and social workers. They shall be accommodated separately

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from male children in conflict with the law. They shall by no means receive less care,
protection, assistance, treatment and training than the male children in conflict with the
law. The fair treatment of female children in conflict with the law shall be ensured. In
areas where there are few female children in conflict with the law, temporary homes or
shelters shall be set up, subsidized and managed by the DSWD, LGUs or NGOs.

Gender-sensitivity training

No personnel of rehabilitation and training facilities shall handle children in

conflict with the law without having undergone gender sensitivity training. The LGU in
coordination the DSWD shall provide gender sensitivity training and other appropriate
trainings relative to treatment and rehabilitation of children in conflict with the law.

Youth Detention Homes

A Youth Detention Home (or “Youth Home”) is a 24-hour child-caring

institution managed by accredited LGUsand licensed and/or accredited NGOs
providing short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
Youth Homes shall have different programs that meet the various needs of
children in conflict with the law. Children whose liberty is restricted pending trial shall
undergo programs different from those programs given children whose sentences are
suspended.

Only children in conflict with the law who are detained pending trial or are
detained with adults at the time of the effectivity of the Act may be placed in the
custody of Youth Homes. Institutionalization in Youth Homes shall only be done through
a court order afer a determination that the continued deprivation of liberty is necessary
and that there are no appropriate alternatives for detention.

All LGUs shall exert efforts for the establishment of Youth Homes for children in
conflict with the law within five (5) years from the effectivity of the Act. LGUs shall set
aside an amount to build Youth Homes. Youth Homes may also be established by private
and non-government organizations licensed and accredited by the DSWD, in
consultation with the JJWC. All Youth Homes to be established shall be separate and
located in a compound far from jails and other detention centers for adults. The DILG
shall monitor the establishment and maintenance of Youth Homes in the LGUs.

Operation and Standards

The DSWD through its Standards Bureau shall, in consultation with concerned
agencies, develop, review and enhance the standards for Youth Homes to ensure
efficiency, effectiveness and accountability in the delivery of quality programs and

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services for children in conflict with the law who are detained pending trial. All Youth
Homes shall operate in a secure manner that ensures the safety and protection of
children in conflict with the law, staff and the community where it is located. It shall
engage them in a helping relationship with a team of various disciplines in a home-like
environment. It shall likewise comply with the standards set forth by the DSWD
Standards Bureau.

Registration, Licensing and Accreditation of Youth Homes

No Youth Home shall operate without a valid registration, license and

accreditation certificate from DSWD, except for Youth Homes managed by LGUs, which
shall be exempt from registration and licensing. The DSWD shall undertake the
accreditation and licensing of the operation of Youth Homes. Failure to comply with the
registration, licensing and accreditation requirements shall be dealt with in accordance
with Section 62 of the Act and Part XIV of these Rules. Other DSWD rules and regulations
for registration, licensing and accreditation shall also be applied unless otherwise
specified in these Rules.

LGU, private and NGO-managed Youth Homes established and operating without
registration and/or license certificates prior to the effectivity of the Act shall apply for
such within three (3) months upon effectivity of the IRR. Those that will be established
afer the application for registration shall be done prior its operation, for a license to
operate within two years from date of registration. Application for accreditation shall be
done within one (1) year from issuance of license. LGU-managed Youth Homes
established prior to the effectivity of the Act shall apply for accreditation within three (3)
months from date of effectivity of this IRR and those that will be established thereafer
shall apply within one (1) year afer its establishment. Applications for registration and
license shall be filed with the DSWD Field Office where the Youth Home is located,
except those managed by private and nongovernment organizations operating in more
than one region, in which case, applications shall be filed with the DSWD Standards
Bureau, Central Office. All applications for accreditation shall likewise be filed with the
DSWD Standards Bureau.

Youth Rehabilitation Center

A Youth Rehabilitation Center (or “Youth Center”) refers to a 24-hour residential

care facility that provides children in conflict with the law with care, treatment and
rehabilitation services under the guidance of a trained staff where children in conflict
with the law on suspended sentence, or “residents,” are cared for under a structured
therapeutic environment with the end view of reintegrating them in their families and
communities as socially functioning individuals. A Youth Center is managed by the
DSWD, LGUs, or licensed and/or accredited NGOs monitored by the DSWD, and the
preceding rules on registration, licensing and accreditation shall apply.

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 Physical mobility of residents of Youth Centers may be restricted pending court
disposition of the charges against them. A quarterly report shall be submitted by the
Youth Center to the proper court on the progress of the children in conflict with the
law. Based on the progress of the children in the center, a final report will be
forwarded to the court for final disposition of the case.
The DSWD shall establish Youth Centers in each region of the country. The local
government and other private and non-government entities and organizations shall
collaborate and contribute their support for the establishment and maintenance of
these facilities. In regions where Youth Centers are not yet established the DSWD shall
immediately establish a Youth Center within one (1) year from the effectivity of the Act.

Registration, Licensing and Accreditation of LGU and NGO-Managed Centers

In case of Youth Centers managed by LGUs and NGOs, the Rules on registration,
licensing and accreditation of Youth Detention Homes (Rules 76.e, 76.f and 76.g) shall
apply.

The expenses for the care and maintenance of a child in conflict with the law
under institutional care, either in Youth Homes or Youth Centers, shall be borne by
his/her parents or those persons liable to support him/her. In case the parents of the
child in conflict with the law or those persons liable to support him/her cannot pay all or
part of said expenses, the government shall shoulder said expenses in accordance with
Rule 100.a. below.

The costs and maintenance of a child under institutional care shall be in

accordance with the guidelines set forth by the DSWD in consultation with LGUs, private
and licensed and/or accredited NGOs. These guidelines shall be updated at least every
five (5) years in consideration of the prevailing price of commodities and cost of living in
the locality where the facility operates.

Youth Centers, shall notify the parents and the concerned LGUs where the
offense was committed or where the child resides, as the case may be, within two (2)
weeks afer admission, indicating the corresponding amount needed for the care and
maintenance of the child for the duration of his/her stay in the Home or Center. Specific
instruction on the payment modes shall also be given to facilitate this. If no payment is
made to the receiving institutions afer three (3) notices, Rules 100.a and 100.b shall
apply.

A child in conflict with the law may, afer conviction and upon order of the court,
be made to serve his/her sentence, in lieu of confinement in a regular penal institution,
in an agricultural camp and other training facilities that may be established, maintained,
supervised and controlled by the Bureau of Corrections, in coordination with the DSWD.

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Afer-care support services

Afer care support services are services given to children in conflict with the law
whose cases have been dismissed by the proper court because of good behavior per
recommendation of the DSWD social worker, the LGU, and/or any accredited NGO youth
rehabilitation center. Afer-care support services for children in conflict with the law shall
be given for a period of at least six (6) months. Afer care support services include
counseling and other community-based services designed to facilitate social
reintegration, prevent re-offending and make the children productive members of the
community. These services may include but should not be limited to
seminar/workshops, life skills development, sports clinics activities, skill and livelihood
programs for future employment and membership to existing youth organizations that
enhance and teach life skills and positive lifestyle and other preventive programs.

The afer-care support services under this Rule shall be provided by the LSWDO.
The development of these services shall comply with the criteria set by the JJWC as
provided in the Act and these Rules. The afer-care support services shall engage the
active participation of the child and his/her parents or guardians. Licensed and
accredited NGOs may be mobilized by the LSWDO in the provision of afer-care support
services.

CONFIDENTIALITY AND PRIVACY

Right to confidentiality and privacy - a child in conflict with the law has the right
to have his/her privacy respected fully at all stages of the proceedings, from initial
contact to the final disposition of the case, including stages when child undergoes
intervention, diversion, rehabilitation or afercare programs. As such, all records and
proceedings involving children in conflict with the law from initial contact until final
disposition of the case shall be considered privileged and confidential. The identity of
the child shall not be divulged unless necessary and with authority of a judge. No
information that may lead to the identification of a child in conflict with the law and
members of his/her family shall be published or broadcast in any mass media. In case
the offended party is a child, the right to confidentiality and privacy of said child shall be
governed by Republic Act No. 7610 (the “Special Protection Against Child Abuse,
Exploitation and Discrimination Act”), Republic Act No. 8505 (the “Rape Victim
Assistance and Protection Act”), and their Implementing Rules and Regulations.

As provided in Section 5(h) of the Act, the public shall be excluded during the
proceedings, from initial contact to the final disposition of the case, and all records
from these proceedings shall not be disclosed directly or indirectly to anyone by any of
the parties or the participants in the proceedings for any purpose whatsoever, except:
(a) To determine if the child in conflict with the law may have his/her
sentence suspended;

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 (b) If the child in conflict with the law may be granted probation under
the probation law; or
(c) To enforce the civil liability imposed in the criminal action.

The results of the medical examination of the child in conflict with the law taken
prior or during the trial shall be kept confidential, unless otherwise ordered by the
Family Court.

The disclosure of confidential records may only be done upon order of the Court.
The records of the child in conflict of the law may only be disclosed to persons
specifically enumerated in the order of the Court permitting such disclosure. As provided
in Section 43 of the Act, the records of a child in conflict with the law shall not be used in
subsequent proceedings, whether criminal, civil or administrative, for cases involving the
same offender as an adult, except when beneficial for the offender and upon his/her
written consent. As required under Section 43 of the Act, all authorities having contact
with the child in conflict with the law or having access to the records of the child in
conflict with the law shall undertake all measures to protect this confidentiality of
proceedings, including the:

(a) Use of a system of coding that provides aliases for children taken into
custody;
(b) Maintenance of a separate logbook and a separate police blotter for children
in conflict with the law;
(c) Exclusion of the public, particularly the media, from the area where the child
is being held in custody pursuant to Section 43 of the Act;
(d) Non-disclosure of any detail or information to the public, particularly the
media, that shall lead to the identity of the child;
(e) Keeping the results of the medical examination confidential; and
(f) Marking of the records of the child and the report on the initial investigation
as confidential. Failure to undertake measures to maintain confidentiality is
punishable under Sec. 62 of the Act.

Exemption from perjury and liability for concealment or misrepresentation

A person who has been in conflict with the law as a child shall not be held under
any provision of law, to be guilty of perjury or of concealment or misrepresentation by
reason of his/her failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made to him/her for any purpose, pursuant to Section 43 of the
Act. No person shall also be denied privileges and opportunities, discriminated against,
punished or in any manner held liable or responsible for non-disclosure of any fact
relating to his/her conflict with the law as a child.

EXEMPTING PROVISIONS

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Status Offenses, not punishable

As provided in Section 57 of the Act, status offenses or offenses which

discriminate only against a child, while an adult does not suffer any penalty for
committing similar acts, shall not be punished. Any conduct not considered an offense or
not penalized if committed by an adult, including but not limited to curfew violations,
truancy, parental disobedience and the like, shall not be considered an offense and shall
not be punished if committed by a child. In the event a child is apprehended for or
accused of committing status offenses, law enforcement officers have the obligation to
immediately release the child and that the provisions of this Act on prevention, diversion
or rehabilitation shall not apply.

As provided in Section 58 of the Act, all children shall be exempt from

prosecution for the following offenses, being inconsistent with the United Nations
Convention of the Rights of the Child:

(1) Vagrancy and prostitution under Article 202 of the Revised Penal Code;
(2) Mendicancy under Presidential Decree No. 1563; and
(3) Sniffing of rugby under Presidential Decree No. 1619.

Treatment of children exempt from prosecution

Upon initial contact with the child found to have committed any of the offenses
enumerated in Rule 89.a, the law enforcement officer shall immediately turn over the
custody of the child to the LSWDO. The child shall undergo appropriate counseling and
treatment program to be determined by the LSWDO as provided in Section 58 of the Act.
As mandated by Section 60 of the Act, in the conduct of the proceedings beginning from
the initial contact with the child, the competent authorities must refrain from branding
or labeling children as young criminals, juvenile delinquents, deviants, prostitutes,
vagrants or other similar derogatory and attaching to them in any manner any other
derogatory names. “Competent authorities” under this Rule refers to persons having
contact with the child in conflict with the law including but not limited to:

(a) Law enforcement officers;

(b) Barangay officials and employees, including members of the
LCPCs;
(c) LSWDOs;
(d) Prosecutors;
(e) PAO lawyers;
(f) Judges;
(g) Court social workers;
(h) Personnel of youth detention homes and youth rehabilitation
centers;

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 (i) Personnel of agricultural camps and other training facilities
maintained, supervised and controlled by the BUCOR; and
(j) All persons having authority to implement community-based
programs for intervention, diversion and rehabilitation.

As provided in Section 60 of the Act, no discriminatory remarks and practices

shall be allowed particularly with respect to the child’s class, including but not limited to
gender, economic or social status, and physical condition, or ethnic origin. As provided in
Section 61 of the Act, the following and any other similar acts shall be considered
prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and
physical health and well-being of the child in conflict with the law and therefore,
prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing,
beating, stripping, and solitary confinement;
(c) Employment of degrading, inhuman and cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms
under any and all instances.

Also prohibited under the Act are the following:

Violation of the confidentiality of proceedings involving a child in conflict with

the law, as provided in Section 43 of the Act and Part XIII of these Rules, due to acts and
omissions such as but not limited to the following:
(a) Disclosure to the media of records, including photographs, of children in
conflict with the law;
(b) Failure to maintain a separate police blotter for cases involving children in
conflict with the law; and
(c) Failure to adopt a system of coding to conceal material information, which
will lead to the child’s identity.
(d) Commission of prohibited acts under Section 21 of the Act and Rule 28 on
Prohibited Acts when in custody of child.
(e) Failure to comply with the registration, licensing and accreditation
requirements under Rules 76 and 77.

CASUAL FACTORS TO JUVENILE PROBLEM BEHAVIOR

Over the years, criminologists have put forth a wide variety of motives for what
causes crime. People who deal with young people cite the following root conditions:

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poverty, family factors, the environment, media influence, and declining social morality.
These will be taken up in order:

Poverty - Although it is considered passé to say poverty causes crime, the fact is
that nearly 22 percent of children under the age of eighteen live in poverty. Poverty, in
absolute terms, is more common for children than for any other group in society.
Ageism, they say, is the last frontier in the quest for economic equality. Adolescents from
lower socioeconomic status (SES) families regularly commit more violence than youth
from higher SES levels. Social isolation and economic stress are two main products of
poverty, which has long been associated with a number of D-words like disorganization,
dilapidation, deterioration, and despair. Pervasive poverty undermines the relevance of
school and traditional routes of upward mobility. The way police patrol poverty areas like
an occupying army only reinforces the idea that society is the enemy whom they should
hate. Poverty breeds conditions that are conducive to crime.

Family Factors - One of the most reliable indicators of juvenile crime is the
proportion of fatherless children. The primary role of fathers in our society is to provide
economic stability, act as role models, and alleviate the stress of mothers. Marriage has
historically been the great civilizer of male populations, channeling predatory instincts
into provider/protector impulses. Economically, marriage has always been the best way
to multiply capital, with the assumption being that girls from poorer families better
themselves by marrying upward. Then, of course, there are all those values of love,
honor, cherish, and obey encapsulated in the marriage tradition. Probably the most
important thing that families impart to children is the emphasis upon individual
accountability and responsibility in the forms of honesty, commitment, loyalty, respect
and work ethic.

Most of the broken home literature, for example, shows only weak or trivial
effects, like skipping school or home delinquency. Another area, the desistance
literature, shows only that children from two-parent families age-out of crime earlier. In
fact, there is more evidence supportive of the hypothesis that a stepparent in the home
increases delinquency, or that abuse and neglect in fully-intact families lead to a cycle of
violence. To complicate matters, there are significant gender, race, and SES interaction
effects. Females from broken homes commit certain offenses while males from broken
homes commit other kinds of offenses. Few conclusions can be reached about African
American males, but tentative evidence suggests stepparenting can be of benefit to
them. SES differences actually show that the broken home is less important in producing
delinquency among lower-class youth than youth from higher social classes. Most
research results are mixed, and no clear causal family factors have emerged to explain
the correlation between fatherlessness and crime, but it is certainly unfair to blame
single mothers, their parenting skills, or their economic condition for what are obviously
more complex social problems.

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 The Environment - Unless we are willing to believe that testosterone (a male
stimulation-seeking hormone) causes crime, the only feasible explanations lef are
environmental ones. The heredity-environment debate in explaining juvenile crime is
shaped by divided opinions about what factors are really important: genetic tendencies,
birth complications, and brain chemicals, on one side; and being a victim of abuse,
witnessing domestic battering, and learned behaviors, on the other side. The idea that
all behavior is learned behavior is associated with environmental explanations. Sure,
everyone has a potential for violence, but we learn how to do it (in all its different forms)
from observing others do it. In fact, most of us are suckers for observing violence,
glamorizing it to the point where we like more and different forms of it everyday, in the
news, on TV shows, in action movies. So when you're talking about reducing the need to
see violence on TV, you're really talking biology or psychology. The study of
environmental factors, on the other hand, is concerned primarily with social
considerations. While violence may be part of everyone's behavioral repertoire, the
temptations (triggers, cues) to do it are embedded (lodged, locked, firmly put in place)
with social networks (relationships and situations) that more or less make this kind of
behavior seem acceptable at the moment.

The unfortunate truth is that, in many places, there are a growing number of
irresistible temptations and opportunities for juveniles to use violence. Brute, coercive
force has become an acceptable substitute, even a preferred substitute, for ways to
resolve conflicts and satisfy needs. Think of it as the schoolyard bully who says "Meet me
in the parking lot at 4:30". Under circumstances like these, the peer pressure and reward
systems are so arranged that fighting seems like the only way out.

Now think for a moment about the crucial importance of peer groups: whether
there are people who would respect you for standing up to fight, or whether there are
people important to you that would definitely not approve of your fighting. What
environmental learning theorists are saying is that there are fewer and fewer friends
available to help you see the error of your ways in deciding to fight.

Most of the recent research in this area revolves around "neighborhood" factors,
such as the presence of gangs, illicit drug networks, high levels of transiency, lack of
informal supports, etc. Gang-infested neighborhoods, in particular, have no effective
means of providing informal supports that would help in resisting the temptations to
commit crime. Such neighborhoods would more likely have an informal encouragement
policy, with five or more places where you could buy a gun and drugs available to give
you the courage to use the gun. Firearms- and drug-related homicides have increased
over 150% in recent years, and the clearest drug-violence connection is for selling drugs
because illicit drug distribution networks are extremely violent.

In such neighborhoods, families, school authorities, and even community

organizations are ofen incapable of providing any protection for children. There are no

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peer-level social supports to reinforce the conventional lifestyles that these agencies
want their children to emulate. The reality of street life, its illicit economy, and quick and
easy pathways to success and prestige through violence and crime all offer rewards that
offset the risks associated with these activities. And, even if a child experiences the risks
of street life firsthand, like by getting shot or stabbed, this only reinforces the child's
desire for more exposure to the learning of street life, to do better next time by listening
more closely to delinquent peers and not to the advice of legitimate authorities.
Victimization and perpetration go hand in hand. This is what is meant when
criminologists say that the best predictor of future delinquency is past behavior, or age
of onset. The strongest (primacy) effect is when violence is modeled, encouraged, and
rewarded for the first time. It determines the type of friends one chooses, which in turn,
determines what behaviors will be subsequently modeled, established, and reinforced.

Media Influence - Popular explanations of juvenile crime ofen rest on ideas

about the corrupting influence of television, movies, music videos, video games, rap/hip
hop music, or the latest scapegoat du jour, computer games like Doom or Quake. The
fact is that TV is much more pervasive, and has become the de facto babysitter in many
homes, with little or no parental monitoring. Where there is strong parental supervision
in other areas, including the teaching of moral values and norms, the effect of prolonged
exposure to violence on TV is probably quite minimal. When TV becomes the sole source
of moral norms and values, this causes problems. Our nation's children watch an
astonishing 19,000 hours of TV by the time they finish high school, much more time than
all their classroom hours put together since first grade. By eighteen, they will have seen
200,000 acts of violence, including 40,000 murders. Every hour of prime time television
carries 6-8 acts of violence. Most surveys show that around 80% of American parents
think there is too much violence on television.
Most of the scientific research in this area revolves around tests of two
hypotheses: the catharsis effect, and the brutalization effect; but I am giving this area of
research more credit than it deserves because it is not that neatly organized into two
hypotheses. Catharsis means that society gets it out of their system by watching violence
on TV, and brutalization means we become so desensitized it doesn't bother us
anymore, but there are also "imitation" hypotheses, "sleeper" effects, and lagged-time
correlations. The results of research in this area are too mixed to give any adequate
guidance, and it may well be that social science is incapable of providing us with any
good causal analysis in this area. Only anecdotal evidence of a few cases of direct
influence exist.

Since the early 1990s, a number of films, music videos, and rap music lyrics have
come out depicting gang life, drugs, sex, and violence. Watching or listening to these
items gives you the feeling that the filmmakers or musicians really know what they're
talking about and tell it like it is, but there have been unfortunate criminogenic effects.
In 1992, for example, 144 law enforcement officers were killed in the line of duty. That
year, four juveniles wounded Las Vegas police officers and the rap song, Cop Killer, was
implicated. At trial, the killers admitted that listening to the song gave them a sense of

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duty and purpose. During apprehension, the killers sung the lyrics at the police station.
Another case involved a Texas trooper killed in cold blood while approaching the driver
of a vehicle with a defective headlight. The driver attempted a temporary insanity
defense based on the claim he felt hypnotized by songs on a 2 Pac album, that the anti-
police lyrics "took control, devouring [him] like an animal, compelling his subconscious
mind to kill the approaching trooper". Two of the nation's leading psychiatrists were
called as expert witnesses in support of this failed defense.

Social Morality - It has become prevalent, especially among the slacker

generations, GenX and Gen13, to join the old WWII generation in self-righteous, totally
gratuitous Sixties-bashing, as if all our social problems, especially our declining social
morality, started with the free-for-all, "any thing goes" hippie movement of the 1960s.
This time period is ofen blamed for giving birth to rising hedonism, the questioning of
authority, unbridled pursuit of pleasure, the abandonment of family responsibility,
demand for illicit drugs, and a number of other social ills. Sometimes, even the AIDS
epidemic is blamed on the 1960s, although such accusers are off by about two decades.

To sixties-bashers, today's juvenile "super predators" are nothing but a long line
of troubled youngsters who have grown up in more extreme conditions of declining
social morality than the generation before them. Their thinking is that each generation
since the sixties has tried hard to outdo one another in expressing the attitude that
"nothing really matters", culminating in the present teenage regard for angst and irony
so common in contemporary culture.

How should juveniles-in-trouble be handled?

Approaches to the problem generally fall into two camps: the public health
solution, and the law enforcement solution. Advocates of the public health approach
tend to see juveniles today as victims of an anti-youth culture. The problem is not just
parents failing children, but a whole attitude among adult society that is increasingly
hostile, angry, and punishing toward youth. It's also not just poverty, per se, among
children, but the relative deprivation of living in a society of affluence in which self-
esteem is tied to achieving affluence. People are only hosts, not causes, of social
problems, according to the public health model. The real enemies (if there need to be
enemies at all) are the environment (broad social forces that shape their way through
culture) and the agent (the means of violence, firearms and access to weapons).
Intervene, and then trace the pathology back to its source. The source ofen turns out to
be low SES families and neighborhoods where there have been few prevention
programs, poor economic and educational opportunities, and no way to reintegrate
released offenders back into the community.

The law enforcement solution looks at the problem in terms of what needs to be
done to improve investigation, arrest, prosecution, and conviction. Advocates of this
approach perceive that a nationwide crackdown, "get tough on juvenile crime" program

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is what this country needs, but they are also just as likely to want the delivery of real
rehabilitation programs in juvenile prisons, at least when we are better able to separate
the minor offenders from super predators. For the most part, however, the belief is that
it is society's duty to punish, not rehabilitate, and boot camps, life terms, and even
executions are in order for juveniles if they deserve it. They should serve time as adults,
and face the ultimate punishment, no matter what the age.

ETHICS AND POLICE COMMUNITY RELATION

Excerpts from the Law Enforcement Code of Ethics

1. “As a Law Enforcement Officer, my fundamental duty is to serve mankind”

This passage is contained in two words: “duty” and “service”. Too ofen we
forget that law enforcement is not just a job for which we are hired as one would hire
a laborer or tradesman. It involves a sworn duty. Some progressive police department
now requires that its officers reaffirm their oath each year in an effort to drive home
the message that is contained in this sworn oath. And to again remind the officer of
the essential relationship between his job and the free society in which he lives.

The word “serve” denotes the denial of one’s own pleasures and desire for the
good of the person or persons to be served. Service involves dedication and sacrifice of
the giving of one’s self. These are words that many find hard to swallow in his present
day and age but the job of professional law enforcement requires a special creed of
man.

2. “To safeguard lives and property; to protect the innocent against deception,
the weak against oppression or intimidation; and the peaceful against violence
or disorder”

We must, however, understand some of the limitations that are present in a truly
democratic society. In such a society as ours, this task can ofen be a difficult one,
because protecting the rights of the individual means also protecting the right of the
criminal. This is sometimes a hard pill for law enforcement officers to swallow.

Because of this, some officers stray politically to the far right in an effort to either
seek a system where their job would be made easier, or to better protect the society
that they have sworn to serve. It is easy for an officer to become bitter when he has
continually witnessed the ends of justice thwarted by red tape politics and technicalities
of the law. The more truly idealistic he is, the more frustrated he can become, especially
if he lacks a philosophy or understanding of his true purpose in the society which he
serves. Why must the idealistic officer suffer so? When a good carpenter does his best,

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in building a fine house, one that can be seen and admired by all, he can stand back and
look at his job with a feeling of accomplishment and satisfaction. The same applies to an
artist or anyone in the skilled trades. Why not, then the policemen? Why must a good
policeman, who works hard for the ends of justice, see the products of his work so ofen
crumble at his feet?

3. “To respect the constitutional rights of all men to liberty, equality and justice”

Respecting the rights of others is not one of man’s natural qualities. It seems to
be part of his nature to suspect and persecute those who are in any different from him.
There is no perfect justice on this earth, nor will there ever be, because man is not all
knowing “nor” is he himself perfect. Still we must strive for a form of justice that
represents our ultimate capability. This involves not only great effort on the part or very-
person in the community, but individual sacrifice as well.

One of the greatest areas of fault among police officers generally, is not so much
a prejudice against the criminal. For example, an officer soon learns from experience
that a certain group of persons is ofen responsible for the majority of the crimes
committed such an offense. Such a prejudice could lead to the faulty conclusion that he
is the guilty person. This soon leads to a general feeling or prejudice against all those
who have been convicted of prior offenses, and an almost subconscious refusal to
accord them the same right that the Constitution provides for all persons.

4. “I will keep my private life unsullied as an example to all”

One of the first things that a law enforcement officer must learn is that he has no
private life. Every citizen should be entitled to his own private life yet when a person
accepts the calling of Law enforcement, as a voluntary measure, he must be willing to
offer his privacy as a sacrifice to the good of the community which he serves. If a law
enforcement officer could hide from his neighbors the facts that he is a policeman, then
his private life could be his own. This, however, is impossibility. If a policeman has a
family, hi occupation will become known in the neighborhood within a few days at the
most. It he is single, and keeps to himself, he may keep the secret a little longer, but if he
is engaged in active law enforcement within his community, it is inevitable that his
neighbors will become aware of it. One this is known, he will become the Object of
constant observation.

5. “ Maintain courageous calm in the face of danger, scorn or ridicule and develop
self restrain”

In a democratic society, a police officer is a public officer and as such is a servant

to the community. Instead of being above reproach or ridicule, he must expect to
receive his position, as part of his job. It is not easy to control one’s temper when being
subjected to unnecessary and unjustified scorn or ridicule. Punching the perpetrator in

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the mouth will hurt him physically, but psychologically he will sense victory in that he
knows that he “got to the officer.” Nothing will hurt him more than being ignored.
Through practice, even the officer with temper can learn to control it. For the
professional law enforcement officer it is “must”. When subjected to scorn and ridicule,
it ofen helps just to consider the source.

6. “ Whatever I see or hear of a confidential nature or that is confided to me in my

official capacity will be kept secret unless revelation is necessary in the
performance of my duty”

Some officers feel that there is a difference in that the information obtained by
the doctor and attorney is freely given with the understanding that will be confidential
whereas the he information obtained as part the law enforcement officer can be the
result of many sources or forms of investigation.

How it was obtained is really not important. The fact that it was obtained as part
of the officer’s occupation, and is usually information that he would not have otherwise
obtained had he not been in that field, is the key point.

This information should never leave the department or the person retaining it
unless it is in the interest of justice. An officer should even be careful not to reveal
information to his wife. An officer’s wife is ofen very tempted to reveal information of a
confidential nature of neighbor women in an effort to show her neighbors the
importance of her husband’s job, and to gain status in the eyes of the neighbor women.

7. “I will never permit personnal feelings, predujice, animosities or friendship to

influence my decisions”

It is quite difficult to know which desire is strongest in some persons, to help our
friends or to hurt our enemies. Both desires are part of our human nature. Helping our
friends can be very good thing in self, but when it involves an inequity in the
administration of justice we are defiling the oath we made to the community in which
we serve. In police work, there is ample opportunity to both hurt enemies and help
friends, and it takes a person of strong character to properly perform his duties under
these circumstances. Without professional convictions, this can be impossibility.

8. “I will never act officiously”

One of the faults common to new officers is that they ofen act officiously. They
appear to the public to be over-impressed with their own importance. In a way this is
natural because it is associated with pride and a new officer is usually very proud for his
is a noble undertaking. However, a law enforcement officer must always guard against
having this pride misinterpreted by the public as being merely officious.

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 The majority of the people who make contact with a law enforcement officer
during his hour of duty are not criminals. The majority of the persons receiving tickets
from an officer are normally law abiding, upright citizens of the community, and they are
usually embarrassed enough by being caught inn a traffic violation without being talked
down to or treated like a criminal. Judges ofen report that a common reason for a
person appearing in traffic court as not so much to contest the facts of the offense as it
is complain about the demeanor of the officer issuing the citation.

9. “With no compromise for crime and with relentless prosecution of criminals, I

will enforce the law courteously and appropriately without fear or favor,
malice or ill-will”

The term “with no compromise for crime” means that crime will not be
knowingly permitted. It does not mean that the officer must perform his duties to the
“letter of the law” without taking into consideration the “spirit of the law”. If the Code
of Ethics will be examined, nothing will be found in it to the effect than an officer must
obtain convictions and send people to prison for long periods of time. It does state,
however, that he must do the best of which he is capable, and that his actions must in
them be ethical. No man can predict or guarantee the final results of any action. Only
god can do this, Man can only be responsible for his immediate actions. If an officer does
a good job and the court release the criminal, the blame rests not upon him but upon
the courts, the jury or society itself. The modern law enforcement officer has a new
motto “Be firm but fair”. He does not have to be a “theory bound” sociologist just
because he treats criminals like human beings.

The professional law enforcement officer lets the criminal call the tune as to his
own treatment. The officers can and must be as tough as the situation demands yet
there is no personal vindictiveness in the way he treats the criminal. His tone of voice
and demeanor usually indicate that he will not be walked on, yet his actions are fair

10. “I will never employ unnecessary force or violence”

At times the use of force in the performance of one’s duties is an absolute

necessity. There is no escaping it. It is extremely difficult to judge exactly whether or
not use of force is necessary in a given situation. The use of force or violence during
interrogations will ofen produce immediate confessions, but it should be avoided on
ethical grounds. The interrogator seldom knows with complete certainty that the
suspect is guilty, and the use of force or the “third degree” on an innocent person is
certainly a miscarriage of justice as well as a violation of professional conduct. As a
means of Punishment for the criminal, it would be out of place for it is not the function
of law enforcement to punish criminals. This belongs to the courts and prisons.

11. “I will never accept gratuities”

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 Those members of law enforcement who developed this code, were certainly
aware of the complexities of this particular area, but the use of the word “never” in
relation to accepting gratuities, indicated that they felt that this was a necessary and
essential prerequisite to professional law enforcement. To be truly professional we must
first be ethical, we must do what is actually describe, not merely what we would like to
be desirable.

12. “ I recognize the badge of my office as a symbol of public faith, and I accept it
as a public trust to be held so long as I am true to the ethics of police service”

The essence of this section is one of the most overlooked and forgotten facets of
law enforcement by the man in the field. It is this that distinguishes the difference
between law enforcement and the ordinary job. It is this that enables an officer to suffer
the difficulties and problems that make the held, at times, so frustrating and
discouraging. Police administrators would do well to place more emphasis upon the
swearing-process. It should be made very formal and similar to the initiation of many
fraternal organizations.

The chief of Police should see that the recruit is not issued a badge or allowed to
put on a uniform until he is thoroughly familiar with the code of ethics and especially the
above section. He should be made to understand that he is one of a select few, and that
his job is public trust that must be earned. The new officer should also understand that
any personal reward would not be obtained from the public itself. This is so because the
public is a difficult master, it there no to personal reward, it can only come from itself or
from knowing the true significance of the job and the essential role that in plays in
society. Perhaps the greatest reward is the self-respect and satisfaction that comes from
the knowledge that the job was done in a truly professional manner.

13. “I will constantly strive to achieve these objectives and ideals dedicating my
self before God, to my chosen profession… Law Enforcement”

Proficiency in law enforcement involves many factors. It involves mental, moral

and physical conditioning. They are all-important aspects. The officer who let him self-
slip physically is certainly not able to protect society. The officer who is in good physical
condition has more confidence in his ability, and those with whom he deals sense this,
and as a result he finds that it is necessary to exert authority as much as it might be
otherwise. Unfortunately, most police department requires a stiff physical agility
examination before this area is either forgotten or greatly neglected. It is lef up to the
individual officer to keep himself in shape.
The Canons of Police Ethics

The following are the cannons of Police ethics:

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  Primordial police responsibility
 Limitation of Police authority
 Knowledge of the law and other responsibilities
 Use of proper means to obtain proper ends.
 Cooperation with public officials
 Proper conduct and behavior
 Conduct toward the community
 Conduct in arresting law violators.
 Firmness in refusing gifs or favors.
 Impartial presentation of evidence
 Attitude toward police profession

Primordial Police Responsibility

The primary objectives of Police is the prevention of crime, policeman knew too
well that he has committed his Life to defend and protect the rights of the citizen and
uphold the law at all cost.

Limitation of Police Authority

The primary as an upholder of the law must know its limitation upon him in
enforcing the law, thus:

a. He must be aware of the limitations which the people, through law, have
placed him
b. He must recognize the center of the democratic system of government, which
gives person, or group of persons, absolute power.
c. He must insure that he does not pervert its true character.

Knowledge of the Law and other Responsibility

a. The policeman shall assiduously apply himself to the principles of the laws,
which he is sworn to applied.
b. He will make certain of his responsibilities in the particular field of
enforcement, seeking aid of his superior in matters technically or in principles are
not clear to him
c. He shall make special effort to fully understand his relationship with law
enforcement agencies, particularly on matters of jurisdiction, both geographically
and substantively.

Use of proper Means to Obtain Paper Ends

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 a. The policeman shall be Mindful of his responsibility to have strict selection of
methods in discharging the duty of his office.
b. Violation of law or public safety and property on the part of the officer are
intrinsically wrong. They are self-defeating if they instill in the public mind and a
like disposition.
c. The employment of Illegal methods, no matter how worthy the end, is certain
to encourage disrespect for the law and its officers, If the law is to be honored, it
must first be honored by those who enforce it.

Cooperation with Public Officials

The policeman shall cooperate fully with other public officials in the performance
or authorized duties, regardless of party affiliation or personal prejudices. He shall be
meticulous law, however, in assuring himself of property, under the law, such actions and
shall guard against the use of his office or person whether knowingly or in any improper
or illegal action.

Proper Conduct and Behavior

The policeman shall be mindful of his special identification by the public as an

upholder of law. Police laxity of conduct or manner in private life, expressing either
disrespect for the law or seeking to gain special prevail, cannot but reflect upon in the
policeman and the police service. The community and the service requires that the
policeman leads the life of decent and honorable person, following the career of
policeman gives no special pre-requisite.

Conduct towards the Community

a. The policeman shall be mindful of his responsibility to the community

b. He shall deal with individuals of the community in the manner calculated
to instill respect for its law.
c. He shall conduct his official life in a manner that will inspire confidence and
trust.
d. He will be neither overbearing nor subservient, as no individual citizen has
no obligation to stand in awe of him or fight to command him.
e. He will do neither from personal preference or prejudice but rather a duly
appointed officer of the law discharging his sworn obligation.

Conduct in Arresting Law Violator

a. Policeman shall use his powers of arrest in accordance with the law and
with due regard to the rights of the citizen concerned.

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 b. He shall, at all times, have a clear appreciation of his responsibilities and
limitation regarding the detention of the accused.
c. He shall conduct himself in such a manner as will minimize the possibility
of having to use force.
d. He shall cultivate a dedication to the people and the equitable upholding of
the law whether in the handling of the accused or law-abiding citizen.

Firmness in Refusing Gifs or Favors

a. Policeman representing the government bears heavy responsibility of

maintaining, in his conduct, the honor and integrity of all government institution.
b. He shall guard against placing himself in a Position in which the public can
reasonably assume that special consideration is being given.
c. He shall be firm in refusing gifs, favors or gratitude, large or small, which
can be public mind, be interpreted as capable of influencing his judgment in the
discharge of his duties.

Attitude towards Police Profession

a. Policeman shall regard the best possible of his duties as a public trust and
recognize his responsibilities as a public servant.
b. He shall strive to make the best possible application of science to the
selection of the crime and in the field of human relation.
c. He shall strive for effecting leadership and public influence in matters
affecting public safety.
d. He shall appreciate the importance and responsibility of his office, and
hold police work to be an honorable profession rendering valuable service to his
community.
e. Through study and experience, a police officer can acquire the high level
of knowledge and competence that is essential for the efficient and effective
performance of duty. The acquisition of knowledge is a never- ending process of
personal and professional development that should be pursued constantly.

Impartial Presentation of Evidence

a. Policeman shall be concerned equally in the prosecution of the accused

or for the defense of the innocent
b. He shall ascertain what kind of evidence and shall present such evidence
impartially and without malice.
c. He shall ignore social, political and all other distinction among the person
involved, strengthening the tradition of reliability and integrity of an officer’s
word.

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Professional Police Principles

The following are the professional police principles:

 Prevention of crime and disorder

 Cooperation of the community
 Unreasonable force reduce community cooperation
 Use of reasonable force when persuasion is not sufficient
 Impartial enforcement of laws.
 The community is the police.
 Police should not usurp judicial powers.
 Rules of engagement impartially observed.
 Reduction of crime and dishonor.
 Police discretion

Prevention of Crime and Disorder

The basic mission for whom the police exist is to prevent crime and disorder as
an alternative to the repression of crime and disorder by police force and severity of
legal punishment.

Cooperation of Crime and Disorder

The police must secure the willing cooperation in the voluntary observance of
the law to be able to secure and maintain the respect and support of the community.
The ability of the police to perform their duty is dependent upon community support of
police existence, actions, behavior and the ability of the police to secure and maintain
community and respect.

Unreasonable Force Reduce Community Cooperation

A police officer will never employ unnecessary force or violence and will use only
such force in the discharge of duty as in reasonable in all circumstances. Force should be
used only with the greatest restraint and only afer discussion, negotiation and
persuasion have been found to be inappropriate or ineffective. While the use of force is
occasionally unavoidable, every police officer will refrain from applying the unnecessary
infliction of pain or suffering and will never engage in cruel, degrading of inhuman
treatment of any person.

Use of Reasonable Force when Persuasion Is Sufficient

The police should use reasonable force to the extent necessary to secure
observance of the law or to restore order only when the exercise of persuasion, advice

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and warning is found to be insufficient to attain police objectives. No violence or
unnecessary force shall be subject to any greater restrain than is necessary for his
detention.

Impartial Enforcement of Laws

The police seek and preserve community favor, not by catering to community
opinion, but constantly demonstrating absolutely impartial enforcement of laws,
without regard to the justice and injustice of the substance of particular laws. In short,
there should be impartial enforcement of laws on all individual members of the, society
without regard to their race of social standing.

The Community is the Police

The police at all times should maintain relationship with the community that
gives really to the historic tradition that the police are the community are the police. The
police are the only members of the community who are pain to give full time attention
to maintain peace and order, which are incumbent on every citizen in the interest of
community welfare.

Police Should Not Usurp Judicial Powers

The police should always direct their actions strictly toward their functions and
never appear to usurp the powers of judiciary by averaging individuals of the state of
authoritative judging guilt of punishing the guilt.

Reduction of Crime and Disorder

The test of police efficiency is the reduction of crime and disorder until totally
eradicated, not by evidence of police present and action in dealing with the community.

Rules of Enforcement Impartially Observed

a. Policemen engaged in anti-crime operation always consider the safety and

security of who might be caught in the crossfire or arm encounters.
b. The use of force including firearms is justifiable only by virtue of the Doctrine
of self-defense and Defense of a Stranger. Nobody, including the policeman and
other law enforcement authorities is above the law.
c. The use of force, especially firearms, should be applied only as a last resort,
when all other peaceful and non-violent means has been exhausted.
d. The use of force, especially firearms, should be confined only in the lawless
elements and the responding PNP unit. This is inherent in the police service in
which the profession, the armaments and safety life of every police officer are
dedicated to the protection and safety of the people.

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Police Discretion

A police officer will use responsibly the discretion vested in the position and
exercise if within the law. The principle of reasonableness will guide the officer’s
determinations and the officer will consider all surrounding circumstances whether any
legal action shall be taken. Consistent and wise use of discretion, based on professional
policing competence, will do much to preserve good relationship and retain the
confidence of the public. There can be difficulty in choosing between conflicting courses
of action. It is important to remember that a timely word of advice rather than arrest (in
appropriate circumstances) is a more effective means of achieving a desired end.

Core Values

The police service is noble and professional. Hence, it demands from its
members a specialized knowledge, skill and high standard ethics and morality.

In this regard, the member of the Philippine National Police must adhere to and
internalize the enduring core values of the PNP.

 Love of God.
 Respect for authority.
 Respect for women
 Respect for sanctity of marriage.
 Stewardship over material things
 Responsible dominion
 Truthfulness

The Police Officer’s Pledge

I will love and serve God, my country and people.

I will uphold the Constitution and obey legal orders of duly constituted authorities.
I will oblige myself to maintain high standard of morality.
I will respect the customs and traditions of the police service.
I will live a decent and virtuous Life to serve as an example.

The Police Officer’s Creed

1. I believe in God, the Supreme Being and Great provider, the Creator of all men
and everything dear to me. In return, I can do less than love Him above all, seek
His guidance in the performance of my duties and honor Him at all times.
2. I believe that respect for authority is a duty

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 3. I believe and uphold the Constitution, the laws of the land and the applicable
rules and regulations.
4. I recognize the legitimacy and authority of the leadership, and follow and obey
legal orders of my superior officers.
5. I believe in selfless love and service to people.
6. Toward this end, I commit myself to the service of my fellowmen over and above
my personal convenience.
7. I believe in the sanctity of marriage and the respect for women.
8. I shall set the example of decency and morality.
9. I shall have high regard for family life and chastity.
10. I believe in responsible dominion and stewardship over material things.
11. I shall inhibit myself from ostentatious display of my property.
12. I shall protect the environment and conserve nature to maintain ecological
balance.
13. I shall not intrigue, gossip or make unverified statement concerning personal
character of conduct, which will discredit another member of the police service.

The Police Code of Covenant

I shall recognize and I will always be conscious of the fact that the police service
is an honorable calling, thus compelling me to set the example by strictly adhering to the
provision of the code of professional conduct and ethical standards.

I bind myself to promote and enhance the noble ideas and aspirations of code of
my personal and professional life and ensure that its tenets shall be honored at all times.

This is my personal covenant.

The Policeman’s Prayer

Lord God Almighty, grant us that we may this day and everyday over all
temptations especially to injustices and disloyalty and with our minds inflamed by Your
Holy Spirit, perform all our duties in such a manner that as maybe pleasing to Your
Devine Will so that when call to report for the last time, we may not be found wanting.
Amen.

The Filipino Policeman

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

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

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

The Police Professional Conduct

All members of the Philippine National Police (PNP) shall observe the following
professional police conduct:

Commitment of Democracy - Uniform PNP members shall commit themselves to

the democratic way of life and value and maintain the principles of public accountability.
Public office is a public trust. Public officer must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and leas modest lives. They shall at all times uphold the
constitution and be loyal to our country, people and organization above loyalty to any
persons or organization.

Commitment to Public Interest - PNP members shall always uphold public

interest over and above personal interest. All government properties, resources and
powers of their respective offices must be employed and used effectively, honestly and
efficiency, particularly to avoid wastage of public fund and revenues.

Non-Partisanship - PNP members shall provide service to everyone without

discrimination regardless of Party affiliation in accordance with existing laws and
regulations.

PNP Conduct during Labor Dispute - The involvement of PNP during strike,
lockout, and labour dispute in general shall limited to the maintenance of peace and
order, enforcement of laws and legal Orders of duly contributed authorities.

Physical Fitness and Health - All PNP members shall strive to be physically fit and
in good health at all times. Towards this end, they shall undergo regular exercise and
annual medical examination in any PNP hospital or medical facility.

Secrecy Discipline - All PNP Members shall guard the confidentiality of classified
information against unauthorized disclosure. This includes confidential aspect of official
business special orders, communication and other documents, roster or any portion

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thereof of the PNP, contents of criminal records, identities of person who may have
given information to the police in confidence and other classified information on
intelligence materials.

Social Awareness - All PNP members shall be actively involved in civic, religious,
and other social activities with the end purpose of increasing social awareness.

Proper Care and Use of Public Property - All PNP members shall be responsible
for the security, proper care and use of Public property issued to them and/or deposit
under their care and custody, unauthorized used of Public property for personal
convenience of gain and that of their family, friends, relatives is strictly prohibited.

Non-Solicitation of Patronage - All PNP members seeking self-improvement

through career development and shall not directly or indirectly solicit influence or
recommendation from politician, high ranking government officials, prominent citizens,
persons affiliated with civic or religious organization with regard to their assignment,
promotion, transfer or related advantage.

Respect for Human Rights - In the performance of duty, PNP members shall
respect human dignity and uphold human rights of all persons. Every police officer shall
not inflict, investigate, or tolerate extra judicial killing, arbitrary arrest, any act of torture
or other cruel, inhuman or degrading treatment and Punishment. Every members of the
PNP shall not invoke superior order or exceptional circumstances such as state of war, a
threat to national security, internal political instability or any committing such human
rights.

Devotion to Duty - All PNP members shall perform their duties with dedication,
efficiency enthusiasm, determination and manifest concerned for public welfare. He
shall refrain from engaging in any activity, which shall in conflict with their duties as
Public servant. He shall not reign sickness or injury or physical incapacity to avoid
performance of duty. He shall not leave his assigned jurisdiction of official business,
except by permission of his superior officer or other competent authority, unless such
permission is not practical as in pursuit of a criminal, in which case a report must be
made immediately thereafer.

Conservation of Natural Resources - All members of the PNP shall help in the
development and conservation of our natural resources for ecological balance and
posterity. The natural resources are considered inalienable heritage of our people.

Discipline - PNP policemen shall conduct themselves at all times in keeping with
the rules and regulation of the organization. All policemen at all levels shall adhere to
the eight tenets of discipline, which include the following:

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 Loyalty - PNP members must be loyal to the constitution and the police service
as manifested by their loyalty to the superior peers and subordinates as well.

Obedience to Superior - PNP members shall obey lawful orders and to be

courteous to superior officers and other appropriate authorities within the chain of
command. No members shall use abusive, insulting or indecent language to another
member.

Command Responsibility - In accordance with the Doctrine of Command

Responsibility, immediate commanders shall be responsible for the effective supervision,
control and direction of their personnel. He shall see to it that all government resource
with laws and regulations and safeguards against losses through illegal of improper
disposition.

The Police Ethical Standards

a. Morality - All PNP members shall adhere to high standards of morality and
decency and shall set good example for others to follow.

b. Judicious use of Authority - All PNP members shall be permitted to apply for
search warrant for any evidence of assault against himself without reporting
the case in writing to his superior officer and Obtaining from his permission
to apply for such warrant.

c. Justice - PNP members shall strive constantly to respect the rights of other so
that they can fulfill their duties and exercise their rights as human beings,
parents, children, workers, leaders, of in other capacities and to see to ensure
that others do likewise.

d. Humility - All PNP members shall recognize the fact that they are public
servants and not the master of the people and toward this end, they should
perform their duties without arrogance.

e. Orderliness - All PNP shall follow logical procedure in accomplishing task

assigned to them to minimize waste in the use of time, money and efforts.

f. Perseverance - Once a decision is made all PNP members shall take legitimate
means to achieve the goal even in the face of internal or external difficulties,
and despite of anything which might weaken their resolve in the course of
time.

g. Integrity - PNP members shall not allow themselves to be victims of

corruption and dishonest practices in accordance with the provision of
existing laws on corrupt practices.

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Ethical Issues Affecting Police Service

Police Image - The image of any organization affects the esprit de corps, morale
and welfare of members and sense of pride to the organization. In view thereof, all
members of the PNP should conduct themselves in manner that would not place the
PNP core values in vain and possess the following virtue: Honor, Integrity, Valor, Justice,
Honesty, Humility, Charity, and Loyalty to the service.

Career Management the Key In Professionalism - The improper implementation

of career management greatly these prejudice the personnel professionalization process
as regards to procurement, promotion, all assignment, placement, training awards, and
retirement.

To address this issue, and PNP shall formulate stringent policy and strictly
implement the human resources development system, compatible to the equitable
distribution of procurement, fair promotion, rationalizes approach in assignment, skill
development, immediate grant of reward and award, decent living upon retirement.

Police Management Leadership - The effectiveness of the law enforcement is

reflective of law enforcement is reflective of the managerial capabilities and competent
leadership of men and women who run the PNP organization. It is therefore a “must”
that this attribute be the primary basis for consideration in the selection of personnel for
employment purpose.

Equality in the Service - There shall be judicious equitable distribution of

opportunity to prove one’s worth in the police service. The problem on inequality
through class orientation and factionalism, both real and perceived, precise on favored
assignment, inequitable opportunity, of training, unfair granting of promotion, and
untimely awarding of achievements will create an atmosphere of demoralization.

The result is inefficiency and lack of teamwork to the detriment of organization.

It behooves therefore on the PNP leadership to address the situation. The civilian
character requires the adherence to the rule on merit and fitness system and to
dissociate to the above process from class orientation and factionalism.

Police Lifestyle - The PNP shall endeavor to promote lifestyle for every member
of the organization that is acceptable and respectable in the eyes of the public. Further,
its members should set example to the subordinate and follow good example from the
superiors. Police officers will behave in a manner that does not bring discredit to their
agencies or themselves.

A police officers character and conduct while off duty must always be exemplary,
thus maintaining a position of respect in the community, in which he or she lives and

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serves. The officer’s personal behavior must be beyond repute. They must be free from
greed, corruption and exploitation. The public expects a police officer to live a simple,
yet credible and dignified life.

Delicadeza - In consonance with the requirements o honor and integrity in the

PNP, all members must have the moral courage to sacrifice self-interest in keeping with
the time-honored principles of delicadeza. All members shall promptly discharge all
debts and legal liabilities incurred by them.

Political Patronage - All PNP members must inhibit themselves from soliciting
political patronage in matters pertaining to assignment, awards, training and promotion.

Human Rights - All PNP members must respect and protect human dignity and
men’s inalienable rights to life, liberty and prosperity.

Right to Life includes the right to live, free from social damages against life or limb,
or free from unjustified control. The Right to Liberty includes the right to determine
one’s mode of life with due respect to the rights of others. Liberty, so it is said, consists
largely of freedom arbitrary physical restrain. The liberty of abode and of changing the
same within the limits prescribed by law shall not be impaired except upon the right to
travel be impaired except in the interest of national security, public safety or public
health, as any provided by law. The Right in Property includes the right to acquire, hold,
enjoy, possess and manage property or to dispose the same accordingly as well as to
devote the same to legitimate use.

Police Customs and Traditions

The PNP adopts the generally acceptable customs and traditions base on the
desirable practices of the police. These shall serve as inspiration as the PNP endeavor
to attain its goals and objectives.

Police Customs

A. Custom on Courtesy

Courtesy is a manifestation or expression of consideration and respect on others.

1. Salute – It is the usual greeting rendered by uniformed

members upon and recognizing person entitled to salute.

Salute to National Color and Standards - PNP members stand at attention and
salute the national color and standard as it pass by them or when the national
color is raised or lowered during ceremony.

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 2. Address/Title - junior in rank address senior members who
are entitled to salute with the word “Sir”

3. Courtesy Calls - The following are the customs on courtesy

calls:

 Courtesy call of newly assigned/ appointed members -PNP members

who are newly appointed or assigned in a unit or command, call on the
Chief of the Unit or command and to other key personnel for accounting,
orientation and other purposes.
 New year’s call - PNP members pay a new year’s call on their
commanders and /or key official in their respective areas of responsibility.
 Promotion Call – Newly promoted PNP members call on their unit head.
On this occasion, they are usually given during recognition and
congratulations by their peers for such deserved accomplished
 Exit Call - PNP members pays an exit call on their superiors in the unit or
command when relieve or reassigned out of the said unit or command.

4. Courtesy of the Post - The host unit extend hospitality to

visiting personnel who pay respect to the command or unit.

5. Rank has – its – own Privilege - PNP members recognize

the practice that different rank carry with them corresponding privilege.

B. Custom on Ceremonies

Ceremony is a formal act or set of formal acts established by custom or authority

as proper to special occasion.

1. Flag Raising Ceremony - PNP members honor the flag by raising it and singing
the National Anthem before the start of the official day’s work for the week.
2. Flag Retreat Ceremony - At the end of the Official day’s work to PNP members
pause for a moment to salute the lowering of the flag.
3. Half–Mast - The flag is raised at half – mast in difference to deceased uniform /
civilian member of the command.
4. Funeral Service and Honor - Departed uniformed members, retires, war veterans
are given vigil, necrological services and graveside honor as a gesture of farewell.
5. Ceremony rendered to Retirees - In recognition of their long, faithful and
honorable service to the PNP, a testimonial activity is tendered in their honor.

6. Honor Ceremony - Arrival and departure honor ceremonies are tendered to

visiting dignitaries, VIPs PNP officers of equivalent grade.

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 7. Turn – Over Ceremony - The relinquishment and assumption of command key
position is publicly announced in a Turn – Over Ceremony by the incoming –
outgoing officers in the presence of the immediate superior or his representative
and key officials.
8. Wedding Ceremony - During marriage of PNP members, a ceremony is
conducted with participants in uniform and sworn drawn.
9. Anniversary - The birth or institutional establishment of a command or unit is
commemorated in a Anniversary Ceremony

C. Custom and Social Decorum

Customs on Social Decorum are set of norms and standards practiced by

members during social and other functions. The following are police customs and social
decorum.

1. Proper Attire - PNP members always wear appropriate and proper attire in
conformity with the occasion.
2. Table Manner - PNP members observe table etiquette at all times.
3. Social Graces - PNP members conduct themselves properly in dealing with
the people during social functions.
4. Uniform/ Appearance - The public looks upon PNP members as distinctively
decent when PNP members wear their uniforms properly wherever they may be.
Since disciplined PNP members are best exemplified by those whose are neat in
appearance and wearing the prescribed uniform, they must therefore observe
the following:
 Wearing the prescribed uniform
 Wearing as part of the uniform, awards and decorations earned in
accordance with the prescribed rules and regulations
 Adherence to haircut prescribed by rules and regulations.
5. Manner of Walking - Every PNP member is expected to walk with pride and
dignity.

D. Other Police Customs

1. Visiting the Sick - PNP members who are in the hospital, their residence or
anyplace of confinement are visited by their immediate commanders or other
available officers of the unit in order that their needs are attended.
2. Survivor Assistance to Heirs of Deceased Members - When PNP members die, a
Survivor officer is designated to render maximum assistance to their legitimate
bereaved gears until all benefits due shall have been received.
3. Visiting a Religious Leaders - PNP members/ officers visiting a religious leader in
their area of assignment to establish or maintain rapport and cooperation
between the different religious leaders and PNP.

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 4. Athletics - All PNP members must undergo in physical fitness activities to insure
their proper physical appearance and bearing are maintain with the waist line
measurement always smaller than the size of his chest and in conformity with
the standard set forth by the organization.
5. Happy Hours - Usually Fridays or on any other day suitable for the occasion, PNP
members gather a PNP Clubhouse for a high hearted jesting or airing of minor
gripes.

Police Traditions

Tradition is a body of belief, stories, customs and usages handed down from
generation to generation with the effect of an unwritten law.

The following are police traditions.

1. Spiritual Beliefs - PNP members are traditionally religious and god loving person.
They attend religious service together with their family.

2. Valor - History attests that Filipino law-enforcers have exemplified the tradition
of valor in defending the country from aggression and oppression. They sacrifice
their limbs and lives for their countrymen they are pledged to serve.
3. Discipline - The discipline of PNP members manifested by instinctive obedience
to lawful orders and through and spontaneous actions within the bounds of
ethical and legal norms.
4. Gentleman - PNP members are upright in character, polite in manners, dignified
in appearance, and sincere in their concern or their fellowmen.
5. Word of Honor - PNP members’ word is their hand; they stand by and commit to
uphold it. PNP members have historically exemplified themselves as dedicated
public servants who perform their duty with deep sense of responsibility and self
– sacrifice.
6. Loyalty - Police are traditionally loyal to the organization country people as borne
out by history and practice.
7. Camaraderie – The binding spirit that enhance teamwork and cooperation in the
police organization, extending to the people they serve, is manifested by the PNP
members’ deep commitment and concern for one another.

POLICE COMMUNITY RELATIONS

This chapter presents a discussion on Police Community Relation (PCR). It is

generally accepted that the Police as an organization is a part of the community it
serves. This may mean that the police, in its relentless endeavors against criminality
needs the indispensable support of the community. In analysis, the police is
inseparable to the community in all crime prevention and crime suppression activities.
Therefore, it is the concern of every police officer to: develop rapport with the

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 community; and maintain a meaningful relation with the people and the community at
large.

To achieve this end, a police officer should be relentlessly directed by strong

sense of responsibility, courtesy and sincerity. As mentioned by Dr. Agas in his
handbook, Notes on Police Community Relations, “good service is often a matter of
how a person presents himself to the public. Courtesy, however, must be coupled with
firmness in order to command respect.”

Terms to Ponder in this Study

As use in this chapter, the following words and phrases shall mean and be
construed as indicated:

Police - a civil organization whose members are given special legal powers by the
government and whose task is to maintain public order and to solve and prevent crimes;
or group of persons established, maintained and organized for keeping order, safety,
protection of lives and properties and for prevention and detection of crimes.
Community - the public or society in general; it refers to the civilian populace in
cities, municipalities or public in general, and shall be used interchangeably with public,
citizenry, society, or private sector.
Police Ideal – it refers to the expected standard of perfection or excellence in the
personal, and professional conduct of every member of the police; or the expected
essence of perfection, sympathetic, courteous intelligent, honest, and in control of his
emotions and temper, at all times. It also includes courage and highest sense of
dedication to duty.
Personal Media – it is the means of communication used by the police as it deals
with the community such as the use of rallies, meetings, speeches and house to house
visits to the community.
Barangay - is the basic political unit of the Filipino nation that implements the
policies of the national and local governments (1987 Phil. Constitution); sometimes
referred to as the local community.
Propaganda – any information or publicity put out by an organization (i.e.,
police) or government to spread and promote a policy, idea, doctrine, or cause.
Police Community Relation - the sum total of dealings between the police and
the people it serve and whose goodwill and cooperation it craves for the greatest
possible efficiency in the service.

The need for Police Community Relation

Some people are apathetic to the programs of the police because of the reported
involvement of some of the officers and members of the Philippine National Police (PNP)
to criminal activities and irregularities in law enforcement. Hence, the PNP needs to
strengthen its police community relations activities.

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What is Community Relation?

In the police, community relations may mean the total dealings of the police
organization as it immerses itself to the community it serves. On the other hand, Agas in
his handbook, Notes on Police Community Relation, stated that “community relation is
like a three-legged stool, each leg of an equal importance in holding the stool upright.
One leg is public relations in its traditional sense. Another leg is community service. The
third leg is community participation, and this is the facet of the total community
relations’ job that is being emphasized today in police and community relations
program.”

The Bases of Police Community Relation

In the democratic concept of policing – the police is the people and the people is
the police, which means that every police officer is mandated to protect lives and
properties, preserve peace and order and prevent crimes and other civil disturbances.
However, his performance of duty is governed by the Constitution and other laws and
statutes such as the preservation of the basic human rights and observance of the due
process of law.

In addition, every police officer is a public servant and his office is a public trust.
Therefore, the police officer is obliged to conduct himself in the community according to
the standards of conducts and ethics of his organization, the police organization.
Furthermore, he should bear in mind that his authority to enforce the law comes from
the people’s mandate.

What are the Principles of Community Relation? The principles of community relation
are the following:

1. Community Support must be maintained

2. Community Resentment must be avoided
3. Community Goodwill must be developed
4. Community must be kept informed

What are the Objectives of Police Community Relation? From the viewpoint of the
police, Police Community Relation aims to:

1. Maintain and develop the goodwill and confidence of the community for the
police.
2. Obtain cooperation and assistance.
3. Develop public understanding, and support and appreciation for the service of
the police.
4. Create broader understanding and sympathy with the problems and needs of the
public.

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 5. Facilitate law enforcement and compliance.
6. Build public opinion in favor of the Police.
7. Achieve the Police purpose or preserving the peace, protection of life and
property, and the prevention of crime.

Police Relations - Reviving the idea of “The people’s police”

As earlier discussed, the police is created by the people for the protection of the
people at large against all forms of criminality and public disturbances and every police
work is governed by the laws that the people promulgated through the legislative body
of the government. In the performance of duty, ofentimes a police officer is confronted
by complex problems brought about by the varied cultures and practices of the people
in the community. Since a police officer is dealing with humans, he should have interest
in human life. Hence, he is obliged to build up positive relations or rapport towards the
people he serves. However, as generally accepted, building up good relationship is a
continuing process which requires mutual respect and mutual exchange and cannot be
compartmentalized or divided if it is to be effective.

What are the Types of Police Community Relations? The basic elements of police
community relation include the following:

1. Public Information Program – This is designed to bridge any communication gap

between the police and public. This is the basic among the first four
programs of community relation.

a. Duties of Public Information Officers:

1) He must be kept well-informed so that he will understand and appreciate
the complexities of police work and the good service the police render to
the community.
2) He must be informed that the greatest number of the police in the
community shall benefit as much as possible, by using mass and personal
media.

b. Activities Implemented by Public Information Officer:

1) Conduct of barangay tanod seminars
2) Inform the barangay officials regarding trends and other
police community problems
3) Police station commanders assign a place in police station
for barangay leaders so that they can work together and provide
coordination.
4) Produce and distribute brochures, advising the people on
how to protect themselves in their homes and premises.
5) Conduct environment sanitation seminars

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 6) Conduct troop information or educational and historical
lectures in all units’ offices of police district.
7) Police officers deliver Lectures and Public appearance to
hear civic group and civic organizations.
8) Discuss with high school students and parents and or
teachers association about drug abuse prevention control.
9) Conduct cleanliness, saturation or information drive where
notices of such deficiencies are issued.
10) Establish police counseling centers in zones/barangays to
provide advice to barangay leaders on crime prevention and control.

2. Public Relation Program – This is designed to maintain harmony and mutual

support between the police and the community.

a. Duties of Public Relation Officers – he shall:

1) Regularly issue press releases concerning police activities which are of
public concern.
2) Evolve and conduct public rotation program to promote better and closer
relations between the police and the community.
3) Build good image through actual commendable performance, without
inefficiency and corruption.
4) Evaluate public opinion and attitude with respect to the policies methods,
personnel of the police station.
5) Plan and carry out programs aimed at keeping the public informed on
police activities.

b. Activities Implemented by Public Relations Officers:

1) Conduct face-to-face communications including dialogue with the public.
2) Attend social cultural activities of the barangay, such as birthdays,
weddings baptismal parties, wake and others.
3) Attend multi-sectoral “ugnayans,” which include religious sects, school,
barangays civic organization and governmental agencies.
4) Sending letters of appreciation to citizen whom assists the police in their
work.
5) Conduct first aid and traffic safety education.
6) Promotion of manpower development for out of school youth.
7) Sponsorship of youth athletic activities.
8) Assist immediate in settling dispute at barangay level.

3. Civic Action Program - This is designed to maintain and encourage community

development

a. Duties of a Civic Action Officer – he shall:

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 1) Encourage and actively participate in athletic
competitive in promote youth development by wisely coordinating with
the social elements of the populace.
2) Initiate if necessary, fund raising campaigns for juvenile
delinquents, who are being reformed.
3) Be alert to safeguard the community against loss and
damages on properties and possible death, in the events of calamity.
4) Render all possible assistance, especially to the menfolk
in enabling them obtain the means of productive endeavors and
discourage them from loitering in the street, or engaging uneconomic
activities such as illegal gambling and others.
5) Whenever feasible, he shall promote and actively
participate in the establishment of free medical and dental civic action
with special attention to the community.

b. Activities Implemented by a Civic Action Officer:

1) Assist National Red Cross on blood donation campaign by exerting extra
effort in appealing to barangay officials.
2) Conduct free medical and dental civic action community.
3) Conduct free deworming of affected children in depressed areas.
4) Assist citizens in case of transportation strike and other similar cause.
5) Develop and maintain cleanliness and beautification of surroundings.
6) Attend to backyard gardening, tree planting projects.

4. Psychological Program - This is designed to condition both friendly and hostile

public thereby insuring and facilitating the attainment of police objectives. This
program is designed to influence the opinions, emotions attitude and behavior of
the community so that they will behave in a manner beneficial to the police,
either directly or indirectly. It will condition the citizenry to adhere to the laws
of the land and dissuade them in committing crime. These may be in spoken,
written, pictorial or musical form.

a. Duties of Psychological Operation Officers – he shall:

1) Strive to mold the youth into useful and law abiding citizens, thereby
minimizing their chances to engage in the criminal activities and
preventing them from being influenced by the misguided elements of
society.
2) Be adequately prepared to articulate on the gains achieved by the
government in formal or informal gatherings so that they can develop
unity and cooperation among people and neutralize any smear campaign
being wage by the elements hostile to our government.
3) Develop an attitude of deep concern for the individuals in his area of
operation instead of being indifferent to their problems.

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 4) Be instrumental in the development of civic mindedness among the
criminal offenders under his custody by providing examples why crime
does not pay.

b. Activities Implemented by Psychological Operation Officer:

1) Conduct seminars for barangay officials, police civic relation officers, and
school officials to enable them to understand home defense activities.
2) Promote seminars among barangay leaders regarding community relation
activities.
3) Identify income-generating projects/activities.

STRUCTURE COMPONENTS OF POLICE COMMUNITY RELATION (PCR)

What is Police Information and Education?

These are communication activities utilizing the various forms of media. These
geared towards creating consciousness and awareness among target audience on facts
and issues vital to the development of an efficient, respected, and supported police
force. The two major components are:

1. Community Information - these are activities utilizing the various forms of media
directed towards the public at large. These are designed to increase the public’s
consciousness and knowledge of facts and issues for purpose of enhancing law
enforcement, counter insurgency and crime prevention efforts, increasing crime
solution efficiency to include weakening of the will of the criminal elements and
insurgents and enlightening other groups of individual critical to the government
in general and the police organization in particular.

2. Institutional Information - These are activities utilizing the various forms of

Media directed towards the public at large designed to generate trust,
confidence and popular support for the police organization or simply enhancing
public perception and knowledge about the police as an institution of the
government.

What does it mean by Police Community Affairs?

These are activities outside law enforcement but which necessitates PNP support
and or participation. The end result ultimately contributes to better appreciation and an
enhanced support to the police organization in whole in part by the populace. The three
major sub-components are:

1. Community Assistance and Development – these are under taken upon the
initiative of the police unit or personnel for the purpose of enhancing life as a

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 means of drawing the support, appreciation and support of the public to wards
the police organization. Examples are:

a. Skills, Livelihood, and Cooperative Development.

b. Sports and Socio-Cultural development.
c. Medical, and Dental Outreach Services.
d. Tree Planting.

2. Community Inter-Relations - these are under taken upon the initiative of other
government agencies, non – governmental organization, and or individual
citizens whereby a police organization or personnel actively contributes time,
money and or service as a means of drawing the support, appreciation, and
cooperation of the public towards the police organization in whole in or part.

3. Community Organization and Mobilization - these are activities revolving around

the accreditation of existing groups or creation of new ones with the end in view
of having allies within various sectors in the community who could be tapped to
assist in the conduct of law services, community works and the like.

Comprehensive PCR Plans

The two major components of the plan are Internal Reform and Gaining of
Institutional Support. Both aims to improve the image of the PNP and re-assure the
general public that they can depend on the police organization to be their protector and
guardian in order to hasten and facilitate community mobilization for anti-crime efforts.

The following institutions shall be the priority target in internal reform:

1. Congress - Being the law making body, it is one of the vital governmental
institutions that can support the police organization. The police organization
must muster enough support from Congress so that laws needed to enhance its
capabilities to safeguard peace and order of the community and ensure public
safety as well as laws on organizational development and modernization maybe
enacted.

2. Liaison Office
a. Organization Level Liaison: The Directorate for PCR. shall maintain a liaison
office with Congress whose main task is monitor, get the pulse, actively
interact and possibly influence lawmakers on matters affecting the police
office. Since relationship with this institution must be symbiotic then this
office shall also be responsible in giving general, special, technical assistance
to Congress as pertains to the police office.

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 b. Top Hierarchy Level Liaison: Top leadership of the command shall conduct
regular FACE to FACE dialogues with key members of the Congress as well as
different Congressional Committees handling police affairs in order to present
for their appreciation and support on matters affecting the police office.
c. Special Individual Liaison: Monitoring and Assessment of activities and
special activities of general liaison.

3. The Media - This is unquestionably most powerful instrument in forming public

opinion. Specific activities to be taken with respect to this institution include:
a. Development of guidelines on Media–Police relationship. This guideline shall
form the basis of the organization as well as of its individual personnel
dealing with the media.
b. Providing timely and accurate information through press releases, regular
conference, daily bulletins, and attendance to talk show and similar
programs.
c. Giving the media reasonable accessibility to source of information in
accordance with the existing security regulations.
d. Improvement of rapport with media through non- law enforcement activities
such as sports, outing parties and the like.
e. Giving of special awards by the police office to deserving media personalities.

4. The Church - The opinion of church leaders carries much weight among the
religious. It need not underscore that a pastoral letter read through out the
country carries great impact.
a. Liaison with important church personalities.
b. Monitoring and assessment
c. Special activities

5. The Students and the School – one of the potent allies of the PNP when properly
exploited through:
a. Effective liaison with key school authorities
b. Monitoring and assessment
c. Involvement and support in different school activities such drug education
program, crime prevention program, immunization and vaccination program,
organization of Junior Police, and medical or dental outreach program in
coordination with Commission on Higher Education (CHED), Department of
Education (DEPED, and Department of Health (DOH).

6. The Non-Government Organizations – These are socio-civic organizations

involved in the uplifing the welfare of the public through varied programs and
activities that support the endeavors of the government. They could also help in
the building of the image of the police.
a. Identification/assessment of existing NGO.
b. Liaison with the NGO.

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 c. Mobilization of NGO in support of police programs and projects.

What are the Public Information and Propaganda Operations?

1. On Internal Security - There shall be intensified information on evils of the

ideology and actual terrorist operations through regular issuance of press
releases.
2. On Crime Prevention and law Enforcement - There shall be sustained
information drive on how the public can reach public assistance and the
utilization of the tri-media on modus operandi safety and the like.
3. On Public Safety – these are:
a. Intensified information drive on pre disaster preparedness;
b. Support information drive on how to get government assistance when
affected by calamity or disaster; and
c. Intensified information campaign to generate awareness and sympathy for
the victims of calamities and disasters with the aim of gaining relief and other
support to them.

Conducting Internal Reforms Thru:

1. Continuous Values Orientation and Skill Development of Personnel:

Intensification of police education and values orientation; and Internalization of
the Code of Ethics and Professional Standard of the police, moral and spiritual
values and basic courtesies relative to Law Enforcement.

2. Unrelenting clean up of the organization of misfits, criminal elements, and

leaders with low potential. These can be done by the continuous investigation,
suspension or dismissed of misguided and erring police level at all level.

3. Unrelenting effort to brighten up the physical appearance of the police facilities

and vehicle. Sprucing (make neat and tidy) up of all police station or offices to
create a public friendly atmosphere therein and the exercise of proper care.

Feedback and Evaluation System – One method of determining whether individual

police officers are performing their tasks well is through feedback and evaluation which
considers the following:

1. Unit Visitation - involves the conduct of scheduled and run scheduled visits to
check performance, appearance, and behavior of police personnel and the state
of police facilities and vehicles.
2. Surveys – involves the conduct of random surveys by the PR (public relation) or
private agencies to determine the public perception of a particular police unit or
office.

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 3. Records – involves the submission and analysis of periodic reports and special
reports by police units as required.
4. Interviews – involves the conduct of casual and or structured interviews of
selected individuals who can provide insight on the current state of police
community relation.
5. Media Analysis - involves the monitoring of reports, stories commentaries
printed or aired by mass media practitioners to determine perception of
individuals who are considered as effective molders of public opinion.

What are the Effects or Impacts of Poor PCR to the Public?

Poor PCR programs cause the public:

1. not to report the occurrence of crime;
2. not to come forward and provide information;
3. not to assist in apprehension of criminals;
4. not to be supportive of police activities;
5. not to testify in court voluntarily; and
6. to even aid the criminals.

Poor Police Community Relation makes the police to:

1. become less judicious and less discreet;
2. be reluctant to act on some matters needing police action;
3. induce unnecessary use of force;
4. induce verbal abuse;
5. induce improper practices;
6. feel isolated and unhappy in his community; and
7. diminish his sense of fulfillment.

Why Public Support is needed?

Public support is needed to make it easier for the police to accomplish their task
successfully.

PUBLIC RELATION

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

What are the Types of Public Relation?

1. Public Awareness Programs - familiarizing the public with the true nature of
police operations. This includes:
a. Mobile Vans - Variety of displays and exhibits of police equipment, which
help to explain to the public, what the police do and how they do it.

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 b. Displays and Exhibits - Set up in department stores, shopping centers, and
other public locations are popular ways in which the police can bring their
messages to the public.
c. Informative Materials - Distribution of pamphlets or brochures designed to
explain their services to the public.
d. Open House - Public tours of facility conducted during certain times of the
year such as police week, or law observance week.
e. Public Speakers - Providing speakers for various types of public gatherings
such as civic clubs, businessmen, associations and social groups.
f. Ride Along - Permits number of the community, to ride in a police car with an
officer and observed field operations.

2. Informational Programs - providing the public with information which is directly

related to the interest and needs of the community. This includes:
a. New Arrivals - Making some members of the community feel at home in
their new surroundings.
b. Traffic Advisory Reports - Coordinate with the media in announcing
important traffic matters such as road accidents, highway construction and
traffic congestion.
c. Informational Bureaus - Information about such things as renewal of
drivers license, payments of utility bills, availability of legal services and other
items.
d. Informational Brochures - Provide the public with booklets, pamphlets,
and other types of publications, which contain information of community
interest.

3. Image Building Programs - promoting programs which are designated to create a

more favorable public image of the police. This can be achieved through:
a. Citizens awards
b. Police Color Guard
c. Police Citizens Luncheons
d. Operational Handshake
e. Recruit Visitation Programs
f. Community Events
g. Gifs Packages

What are the duties of the Public Relations Officer?

1. To evaluate public opinion and attitudes with respect to the policies, methods,
and personnel of the police station.
2. To advice the police station commander with regard to the public relations
aspects of new or revised department programs, policies, procedures and
activities.

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 3. To plan and to carry out programs aimed at keeping the public informed on
police activities
4. To provide staff supervision of all police activities that may influence public
support.

Foundation of Public Relations - They are basically founded on the GOLDEN RULE: “Do
not do onto others what you do not want others unto you.” In addition, public relations
are founded on the following:

1. Give before you seek to get

2. Give what is due to others.
3. See the other person’s side
4. Respect, so you would be respected.

INDIVIDUAL PUBLIC RELATIONS

As individuals, police officers shall also develop personal relationship with the
public which is divided into the following categories:

1. Domestic Relations - This consist of a person’s dealing with his family,

parents and immediate relatives, with whom he has to have good relationship in
order to develop a respectable family prestige as well as cordial community
relations.
2. Neighborhood Relations - This consist of a person’s dealing with neighbor
who constitute a vital link to good reputation in the community
3. Community Relations - This is made up of a person’s dealing with the
citizens of the community, city or town where a person likes. These also include
his membership or contributions to civil undertakings and his membership or
contribution to the civic organization or community associations in the locality.
4. Church Relation - This consists of a person’s dealing with religious
affiliation that is necessary for the stability of moral principles.
5. Government Relations - This is made up of the dealings, which a person
has with the government and its various instrumentalities. The recognition of
government authorities, its laws and ordinance, as well as other public
responsibilities, are significant phases of an individuals public relations.

PROFESSIONAL PUBLIC RELATION

In the practice of his profession, a police officer shall observe a professional

conduct which is divided into the following categories:

1. Inter-Departmental Relation - This is made up of the peace officers relations

with the officers and men of his own department, his supervisor, the station
commander, as well as the city/municipal mayor where he is assigned.

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 2. Citizen’s Relation - This includes all dealings or contact with the citizens in
relations to the enforcement of the law and the maintenance of peace and order,
together with the giving of information to the public on criminal and non-
criminal activities.
3. Complainant Relations - This includes how officer deals with complainants, the
techniques of interview he uses, the manner of approach he adopts, and the
treatment of witnesses and informers.
4. Relations with Accused Persons - This covers the proper treatment of
suspects, the recognition of their constitutional rights during custodial
investigation and the handling of accused persons during confinement.
5. Relations with Prosecutor - This includes a police officer’s duty to cooperate
during preliminary investigations and the gathering of further pieces of evidence
once the fiscal files the case.
6. Judicial Relations - This consists of the peace officer’s duties toward the courts
when appearing as a witness and the honesty of his testimony.

DEALING WITH COMPLAINANTS – Police officers when dealing with complainants shall
observe the following:

1. Receiving Complaints - When a citizen calls at the police station

or approaches a policeman on the streets to make a complaint, he should be
accorded a suitable reception. The police office must adopt an attractive
manner; his attitude alert, his face and voice pleasant, and he must appear
interested in the subject at hand. Timid citizens ofen dread police officers; they
should make great effort to place these timid citizens at ease.
2. Complaint Desk Officer - The complaint desk officer should be
alert at his desk and avoid ignoring a timid citizen. As soon as he sees a person
approaching, unless he is busy with another citizen, he should immediately offer
his service by posing a simple question such as “May I do something for you,
Sir?” to demonstrate his sincerity. If possible, there should also be a woman
employee at the desk to handle complaints from women who may be timid
about approaching a male officer. This employee need not be a policeman; a
clerical employee may be stationed at the complaint desk for this purpose.
3. Attention to the Complaint - A person who approaches a
policeman for assistance should be given ample opportunity to tell his story. The
officer can sometimes assist with intelligent questions, evidence of sympathy,
and assurance of aid. But he should not needlessly interrupt the explanation of
the complainant.
4. Receiving Complaints and Criticisms against the Police -
Complaints should be referred to the proper authorities for audience or if
permitted, the officer may refer the complaint immediately to his superior
officer. Sincere citizens sometimes make an earnest effort to offer information
and suggestions of value to the police. These should be accepted in the spirit in

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 which they are offered, with graciousness and appreciation even though the
subject matter may be infuriating.
5. Legitimate Complaints against the Police - The police station
itself influences the attitudes of both the police and the public. The public does
not react favorably to an ill smelling dark, poorly kept, and (human) unclean
police station; neither to the police officers themselves. While the police may
have little choice in the location and arrangement of their headquarters they do
have the opportunity and the responsibility to maintain them in a clean and
presentable condition. Paint of a light color can usually be obtained and trusty
labor is usually available for painting, cleaning, and janitor services.

GENERAL RULES ON OFFICIAL CONDUCT – All police officers shall adhere to the
following in the performance of their duties:

1. Policeman shall be habitually courteous. They shall recognize their responsibilities

as public servants and shall be particularly attentive to citizens who seek
assistance or information or who desire to register complaints or give evidence.
2. They shall accept their responsibility to the public by being punctual in their
engagements and expeditions in the performance of their duties.
3. They shall regard their office as a public trust, and in the discharge of their duties,
be constantly mindful of their primary obligation to serve the public efficiently
and effectively.
4. They shall administer the law in a just, impartial and reasonable manner; and not
accord to some, more reasonable manner; and shall not accord to some, more
treatment than to others. They shall recognize the limitations of their authority
and at no time use the power of their office for their own personal advantage.
5. They shall be true to their obligation as custodian of public property and shall
bear in mind that the misuse and waste of money from the public treasury is bad.
6. They shall not limit their effectiveness in the administration of their office by
accepting tokens of gratitude, or by giving preferential treatment to certain
corporations with whom they may have official dealings.
7. They shall cooperate fully with all other public officials to the end that the safety
and general welfare of the public will be assured. They shall not permit jealousies
or personal differences to influence their cooperation with other agencies.
8. They shall add to their effectiveness by diligent study and sincere attention to
improvement. They shall welcome the opportunity to disseminate practical and
useful information relating to matters of the public’s safety and welfare.
9. They shall so conduct their public and private life that the public will regard them
as examples of stability, fidelity and morality.
10. They shall bear faithful allegiance to their government, and be loyal to their
profession. They shall accept, as a sacred obligation their responsibility as citizens
to support the Constitution of the Philippines; and as public officials, consider the

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 privilege of defending the principles of Liberty as defined in our Constitution and
law. This is the greatest honor that may be bestowed upon any man.

COMMUNITIES IN COMMUNITY RELATIONS

In PCR, the police is not actually dealing with a single community but rather to
various communities with distinct characteristics. These communities could be
categorized into External and Internal Communities.

The External Communities

1. Justice Community - Other police agencies, courts, and correctional departments

existing at many levels of government are a part of the justice community with
which police must interact. The nature of the relationship between police and
members of the justice community has a direct impact on police effectiveness in
achieving their goals.

2. The Human Services Community - The human services umbrella includes many
public and private and social service resources, mental and health general
services, media civic and religious groups and educational services.

3. Citizens and the Police - Peel’s principles state “the police must secure the willing
cooperation of the public in voluntary observance of the law to be able to secure
and maintain public respect”. Part of the police community relations is the
understanding of the public the police serve and having the public understands
the police. That is no easy task. The public is many people with many varying
needs and hopes, who live in a changing society and bring to that society
conflicting values and cultural rules. The police agency is relatively closed,
somewhat secretive, and vague as to what the police role and the citizen role
should be.

Internal Communities

1. Personal Support Community - The officer’s support groups, both in the sense of
family system and close personal relationships, affect the officer’s perspective
and effectiveness. The officer has an impact on the support group as well. This
relationship may be one of the most critical in determining the officer’s ability to
cope with the human experience of being a cop. It may also determine to a large
degree how the individual officer will relate with other communities

2. Police Community - The police officer as a member of the police structure must
also be considered. It is this community that can determine whether police –

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 community relations outside the agency will be supported or undermined both
as a matter of policy and practice. The first positive relationship that must be
formed effective community relations in a larger sense is to be accomplished
within the agency itself.

MAINTAINING TRUST AND PUBLIC CONFIDENCE

The police should be people oriented to recognize the divergence of people and
yet capable to working together with them of a common good. Being good is not
enough. A police officer must show it by the way he performs his job and by the state of
discipline of every officer and men in the police station or similar unit. The command
must increase the personnel assigned to patrol division in line with the police visibility
program and to make them available to provide police assistance at any time.
Requesting the community to assist in identifying the scalawags in uniform as a basis for
giving immediate disciplinary action against them is another way of gaining support from
the community. The policeman should closely coordinate with the business community
to identify areas where police presence is needed. Conduct of in dept study and to
initiate the immediate assignment of police to every barangay must be made to serve
the police needs and to call upon residents.

Police Character

The police program of growth includes the development of the essential

attribution of all its members. Every police thus:

 Shall be loyal to the service, which he belong and is proud of.

 Shall be sympathetic and display the ability to feel the suffering of other people.
 Shall be confident in his ability to know the job and do it well.
 Shall disposed of and act on all cases correctly.
 Shall guard himself against rash judgment from opinion in advance.
 Shall be courteous to the community at any place and on any occasion.
 Shall demonstrate strong faith in what he is doing.
 Shall not sulk in the face of danger but with his mental conviction and physical
strength.
 Shall maintain an attitude of enthusiasm, dedication, zeal and pride in his work.
 Shall be tactful in his dealing with people of the community.
 Shall be firm and unyielding but not officious in dealing with people.
 Shall be serious and purposeful but not officious in dealing with people.
 Shall genuinely be interested to his task.
 Shall avoid unwarranted practice or situation that will endanger him.
 Shall be patient when the situation demands.

Police Moral and Esprit de Corps

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 The police build their reputation upon favorable community relationship and
express by community confidence and the continued constructive accomplishment is
only possible when the internal strength of the organization is assure.

When the members of the police organization show pride of belongingness to

their organization (or esprit de corps) consequently, their morale is high. It follows also
that they manifest genuine loyalty and noble faith in the policies and objective of their
organization.

Exemplary Conduct

Exemplary conduct or conduct worthy of emulation is another way of

maintaining public trust especially so that the community demands more than the
ordinary acts. A police as a public officer loses his private life because whether he is on
or off duty, he will be under unrelenting scrutiny and critical analysis by the community.

The police by reason of their specific responsibilities are bound to more exacting
code that any other public servant. Delinquents in conduct that pass unchallenged
when committed by other public officials are acts that are accepted as common place in
judging the conduct of the citizens but are adjudged as reprehensible when committed
by policeman.

Police Officer’s Compassion and Understanding

In the performance of his duty, a police officer looks no requirements. He should

fairly serve regardless of the personality of the person whom he deals with. Further,
even the seriousness of the problem should not be a factor whether to serve or not to
serve. Sometimes, a person with personal problems approaches police officers. And in
dealing with personal problems, it is imperative that matters of such of vital personal
importa nce be approached with understanding, compassion and magnanimity

Police Influence over the Community

The community looks upon policeman as representative of the authority of law.

It is obvious therefore, that influence of the policeman over the community is increased
by reason of the authority they personify. People under stress or influence of excitement
are more susceptible to the influence of external stimuli than they would be under
normal circumstances. They are likely to be more readily influenced by the action of
those with whom they come into contact. Policeman must be careful that the influence
of their authority does not become oppressive in their relationship with the community
particularly in situations of stress and excitement.

Police Practice of Courtesy

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 Practicing courtesy involves much more than friendliness. To appreciate sincerity
and habitually performed acts of courtesy requires cultivation of appearance, voice,
manner, intelligence humor, temperament and unselfishness that are easily appreciated
by the people. All of these factors co-mingle in the production of a gentleman in
principle and in conduct. Compassionate but firm and earnestly interested without being
over solicitous. Irregardless of the nature of the task, a policeman must continually
practice courtesy; they cannot be made as an exception. Disagreeable duties must be
performed willingly and unpleasant orders obeyed cheerfully. Flares of temper, sarcastic
criticism and moodiness have no place in the conduct of a good policeman.

Proper Treatment of Law Violator

Numerous contacts with anti-social persons are likely to cause the policeman to
assume an attitude of veneer hardness. They ofen entertain erroneous belief that
courteous treatment of law violators is an indication of weakness. They will say that
criminals are not entitled to the treatment accorded to a gentleman. A good manner in
the treatment of any law violator is not indication of weakness.

Policeman may be firm and exacting in the enforcement of the law, there may be
strict and relentless in their relationship with the offender that come under their control,
yet remain propitious and gentlemanly in their bearing. The fact that a criminal, by
reason of depravity or because of his anti-social acts has not earned the respect of his
fellow men has no bearing upon the conduct of the policeman with whom he is brought
into contact. When a policeman resorts to ungentlemanly treatment of criminals, they
do not alter the status of the criminals in any ways; they only lower their own social
status to the same level of the criminals.

Police Leadership

True leadership is personal and it is a psychological balance showing a well-

integrated personality. There are no characteristics that combine in the personality of a
true leader, because individuals differ in their viewpoints and reaction. However, the
qualities that seem most common on persons who command public respect and
confidence are those that rate highly in influencing positive character of his men. It goes
with these qualities the maxim, “true leadership is influencing others to perform well.”

Police Practice of Self Confidence

Self-confidence is faith to oneself, and it is predicated upon knowledge, still in

applying knowledge, and in the ability and willingness to pass one’s knowledge for the

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benefits of the others. Self-confidence is in fact a state of mental satisfaction that arises
from being able to put the possession of knowledge to constructive use.

Police Practice of Self Sacrifice

Self-sacrifice is a fundamental trait to true leadership. It is inescapable fact that

to contemplate a situation without bias requires first a complete subordination of self.
Effective police work requires the utmost self sacrifice; policemen who are selfishly
impressed with their authority cannot succeed as leader.

Paternalism

Paternalism as a quality is found in policeman who is mindful of the welfare of

other. It is basic to police leadership because community welfare is the primordial
responsibility of the police. Harmonious relationship between the police and the
community depends, to a great degree, upon paternalistic influence that enters in the
shaping of community policies.

Fairness and Honesty

Fairness and honesty are qualities that have universal appeals. Preponderance of
community criticism against police authority is occasioned by reason or partiality and
unfairness in exercising police function. Impartial application of laws and regulations,
fairness and honesty in exercising the police authority are powerful force in insuring
community respect for Police service.

Decisiveness

Initiative and decisiveness are characteristics traits of man who acts correctly and
at the proper time. The ability to act decisively and correctly is a manifestation or
thorough preparation and interest in the appreciation of the task at hand. The
policeman’s knowledge, mental alertness and judgment all enter in the development of
this very desirable trait.

Personal Dignity

Personal dignity is indicative of a policeman’s appreciation of the honor of his

position. It is an excellent manifestation of his “esprit de corps” and is a powerful factor
in creating community respect. Policeman who are paternalistic in their concern for
community welfare, sympathetic in caring for citizens in distress, are calm and dignified
in their community relationship citizens they serve.

Physical and Moral Courage

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 The community assumes that policemen are physically courage, yet true courage
is not thoroughly understood by most citizens. It is a common misapprehension to
consider reckless disregard of danger as a manifestation or courage and bravery. True
courage is that state of devotion to duty that will give policemen the moral stamina
impelling them to the performances of duly even in the face of full knowledge of the
dangers involved.

More than physical courage, the community demands moral courage, the kind of
courage that enable policemen to take it on the check to assume the responsibility of
their office without quibbling, bravery stand up for their conviction without attempting
to shif or evade the personal criticism. Moral courage is synonymous with integrity.

Moral Ascendancy

Moral ascendancy is the influence that one-person exercise over a group of

persons by reason of exemplary nature of his character. It arises out of withstanding the
hardship and difficulty of the work, sincerity of purpose that manifest in willingness to
personally adhere without equivocation, and to the same standards of conduct that he is
duty bound to enforce upon other. Policemen are particularly vulnerable to
community criticism, for lack of this quality, they must be able to control their emotion,
temper, their likes and dislikes, physically able to withstand hardship without complaint,
and able to effectively conceal their worries.

Moral ascendancy is not important in evaluating the effectiveness of

commanding officer in the police service. The moral force or lack of it in commanding
officer is reflected in the very character of policemen under their control, and obviously
become an important influence in the community appraisal of police service.

Commanding officers cannot maintain their leadership over the subordinates, if

at any time they are place in position of moral embarrassment. Questionable character
of a leader in the community service reflects all members of the group. The final
measure of moral ascendancy is found in the true character of the individual, by the
example he sets in his own living.

Dependability and Punctuality

The public has the right to demand the same guarantees in the manner of its
safety as all exacts for the protection of public health. The public is concerned with
emergency situations that require immediate attention and effective treatment. Police
service if it is to be of any value must be dependable. The policeman should be able to
serve at the right place at the right time. All the skills and abilities that policemen
possess are of little value unless he can defend upon to apply his skill at the proper time.
Punctuality is not only important in relationship with the public but it is also essential in
routine activities as well. The rendition of report, appearance in court and cooperation

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with colleagues and other law enforcement agencies are responsibilities that can be
relied upon if properly implemented.

Policeman shall accept their responsibilities to the public by being punctual in

their engagements and expeditions in the performance of their duties. Thus he must:

 Promptly carry out every duty to which he is assigned.

 Be punctual, attentive, accurate and unselfish
 Accept the fact that punctuality involves more than reporting to work at
time; it involves every detail of the policeman’s daily activities.

Attitude in Trial Court

Aside from proper attire, police officers when attending court sessions in
whatever capacity should also observe the following behavior while in the witness stand:

1. He must say nothing but the truth.

2. He must be calm.
3. He must be prepared.
4. He must be courteous.
5. He must be natural and straightforward.
6. He must maintain his temper.
7. He must be attentive to the questions to be hurled or asked.
8. He must speak loudly enough to be heard.
9. He must be conscious of his personal appearances.

Appearing as a Witness

Witness in Criminal Case – A policeman shall, when subpoenaed as a witness in

a criminal case, promptly notify their immediate chiefs. No members of the PNP shall be
a witness in such capacity without the service of a proper subpoena.

Witness in Civil Case - No member of the PNP shall testify in civil cases unless
summoned to do so by proper authority.

Action Afer Court Attendance - A member of the PNP attending any court
session under subpoena/summon or other processes as a witness, shall afer having
been released there from for the day, immediately report to their superior officer.

POLICE APPEARANCE AND THE COMMUNITY

Police Personal Appearance

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 A police officer’s personal appearance speaks well of his department. To ensure
positive opinion to his department or organization, he should observe the following:
 He shall be properly attired and equipped whenever he appears before
the public.
 He carries with him only the prescribed regulation weapons and other
related items.
 He shall dress moderately and of good taste if and when they must wear
civilian clothes.
 He must maintain good posture and grooming.
 He must see to it that his uniform is clean and properly maintained.

Police Satisfactory Uniform

A satisfactory uniform, comfortable for the officer and pleasant to the eye is
important. Attractive snappy uniforms influence the moral of the policeman as well as
the “Esprit de Corps” of the entire police force. A policeman should be kept in a
condition of good health and cleanliness and not to be permitted to become wrinkled or
stained. He should have at least two uniforms to facilitate and maintain cleanliness.

Police Personal Cleanliness

Personal cleanliness is very important in dealing with the community. Hence, a

policeman should:
 Be required to shave daily and to have their hair cut regularly.
 Have frequent bath.
 Have clean fingernails and other parts of the body.

Periodic Inspection

These factors of personal appearance and their effect on the community justify
among others, the periodic inspections of the force. Attention should be given in such
inspections not only to hearing, address and equipment, but also on the aspect of
personal cleanliness just mentioned.

Policemen Mental Attitude

The attitude of police officer is quite important as his physical condition and
appearance because it determines his conduct and reaction to the community. His
attitude is reflected in his facial expression, voice, word used and actions. Therefore:

 He must be friendly and show willingness to serve.

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  He must not forget that he is a Public servant, appointed for the role purpose
of serving the community.
 He must not give an impression of haughtiness, aloofness, officiousness or
condescension.
 He must refrain from sarcasm and flippancy.
 He must develop pride in his organization
 He must be proud that he is an officer and conduct himself with the dignity of
that officer.

Policemen Habits and Conversation

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

Although these items may seem of little consequence, and perhaps in more
fundamental analysis may be relatively unimportant but most policemen are judged by
their language and conversation.

Policemen Personal Habits

The personal habits of the individual police officer strongly influence the attitude
of the community towards the police. Thus:
 He should avoid restless habits such as tapping his finger or feet, whittling or
other evidence of nervousness.
 He should not permit himself to develop such unpleasant personal habits
such as, hawking and spitting, smoking while on duty in public place.
 He should not smoke when speaking to a citizen. Smoking habits that are
offensive to the public should not be permitted whether on the street or
headquarters.

Policemen should avoid Evil Doings

The policemen must not only avoid evil, he must also avoid the appearance of
evil. Thus:
 He should be careful to avoid questionable associates and to spend spare
time and obtained his recreation in the company of those whose character
and reputation are irreproachable.

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  He must avoid controversial questions, those dealing with religion, politics
and the laws.
 He must avoid domestic difficulties more assiduously than the average
citizen.
 He must abstain from drinking intoxication beverage to excess.
 He shall not engage in any form of gambling except those allowed by law:
 He should avoid entering any house reported as being of ill-repute and other
vice dens.
 He shall not buy nor use or process smuggled products.
 He shall avoid accepting any fees, rewards or gifs of any type, for any service
rendered in the performance of his duty other than his authorized salary or
shall use his position for material consideration.
 He should avoid “bad habits” celebrating Christmas, New Year and other
occasion by firing their guns.

POLICE HEADQUARTERS AND THE COMMUNITY

It was mentioned that the appearances of a police station/headquarters

influence the attitude of both the police and the community. This can be further
attained by the observance of the following guidelines.

Appearance of Police Station

The station/headquarter must have a business like appearance, unsightly trash

eliminated; thus, the police station/ headquarter must have the following appearance:
 Must have presentable view inside or outside.
 Must possess a well keep office that is worthy of the discipline of its force,
honor ideal of Law enforcers.
 Must be strict in anti-littering /smoking campaign in the building or grounds
and police equipment shall be maintained properly.
 Trashcan shall be available and comfort room shall be clean and free from
foul odors.
 Must be identifiable and the desk shall bear the name of the policemen for
public convenience and information.

Policemen at Station/Headquarters

The police station/headquarter should not only maintain a high standard of

efficiency, but it should give an appearance of efficiency. This is created by a business
like attitude and conduct on the part of the policemen. Thus, the policemen must avoid
the following attitude:
 Policeman should not roughhouse among themselves in public view.

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  They should restrict their activities to the assembly room or those sections of
the station reserved for their rest of reaction. Otherwise the public may
conclude that they are lofing while on duty.
 He shall not in the station/office or elsewhere while on duty, drink any
intoxicating liquor or take prohibited drugs or report to duty under the
Influence of liquor or prohibited drugs; or habitual drunkard to the prejudice
of his duty.
 Police should not indulge in loud, boisterous talk that can be heard by the
public.
 They should avoid an appearance of idleness and create an impression of
business like efficiency.

Police Telephone and the Citizen

Telephone to the police station/office is very important since a person’s life,

property and liberty may be at state because the telephone operator is the first contact
with the police department, it is important that the conversation is pleasant and
satisfactory as possible.

Police Telephone Greeting

It is important too, that the police operator gives attention to his manner of
speaking over the telephone. His greeting should be crisp and business like, to manifest
alertness and willingness to serve, rather than show indifference. Some police
departments require the policemen to follow this greeting “hello police department”
with statement of his name. But most persons who call the assistance of the police are
of interested in their personalities but only in prompt service. As a general rule they are
in hurry, they want service at one, with the least possible delay. Hence, it is not advisable
to inject the name of the police, since the simple greeting “hello police
headquarters/station” and then give all needed information would be enough.

Immediate and Courteous Reply

Incoming telephone calls to a police headquarters/station deserve immediate

and courteous reply. Promptness is important in the police service. Persons who call for
the assistance of the police usually do it to register a complaint. They are emotionally
upset and easily annoyed. If under this condition, the wait for a protracted time happens
before receiving a response to their call, they become justifiably disgruntled.

Clear Enunciation/Diction

A policeman should meet the following criteria for efficient telephone

conversation:

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  Policeman should speak with deliberate care and clearances into the
transmitted.
 Policeman should have a good diction and expression of courtesy.

Attitude in Receiving Calls

 The complainants shall be given a feeling of importance regardless of the
triviality of the complaint. Acts of kindness like giving the complaint a seat
would be long remembered and appreciated though it may seem
unimportant.
 The police interview should be quick to detect where the real problem lies
and allow the complainant enough time to narrate his grievances.
 Good police poise with pleasant voice should be adopted in order to gain
confidence.
 Afer complying with and directing all necessary actions on the complaint,
the policeman shall thank the citizen in a spirit of appreciation for his
cooperation in bringing the matter to their attention.

PHILIPPINE CRIMINAL JUSTICE SYSTEM

What is the Criminal Justice System?

The Criminal Justice System (CJS) is the machinery which society uses in the
prevention and control of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as
those of the mobilized community in crime prevention and control.

What are the major components of the CJS?

 Police or Law Enforcement

 Prosecution
 Courts
 Corrections
 Mobilized Community

What are the functions of the major components of the CJS?

 To prevent and control the commission of crime;

 To enforce the law;
 To safeguard lives, individual rights, and properties;
 To investigate, apprehend, prosecute and sentence those who violated the rules
of society; and,
 To rehabilitate the convicts and reintegrate them into the community as law-
abiding citizens.

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How does the CJS Operate?

The first four pillars, i.e., law enforcement, prosecution, courts, and corrections,
pertain to the traditional agencies vested with the official responsibility in dealing with
crime or in crime control. The community pillar is the most broadbased. Under the
concept of a participative criminal justice system in the Philippines, public and private
agencies, as well as citizens, become a part of the CJS when they become involved in
issues and participate in activities related to crime prevention and control.

The Police or Law Enforcement Pillar

The first pillar consists mainly of the Philippine National Police (PNP). The work
of the PNP is the prevention and control of crimes, enforcement of laws, and effecting
the arrest of offenders, including the conduct of lawful searches and seizures to gather
necessary evidences so that a complaint may be filed with the Prosecutor’s Office.

Prosecution Pillar

The second pillar takes care of the investigation of the complaint. In the rural
areas, the PNP may file the complaint with the inferior courts (i.e. the Municipal Trial
Courts or the Municipal Circuit Trial Courts). The judges of these inferior courts act as
quasi-prosecutors only for the purpose of the preliminary investigation. Once a prima
facie case has been determined, the complaint is forwarded to the City or Provincial
Prosecutor’s Office which will review the case. When the complaint has been approved
for filing with the Regional Trial Court, a warrant of arrest for the accused will be issued
by the court once the information has been filled.

Courts Pillar

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

The Constitutional presumption is the innocence of any person accused of a

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

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 COURT is the entity in the government organized for the proper administration of
justice at the time and place prescribed by law. It is an entity in which a portion of the
judicial power is vested. The court is situated between the prosecution and correction,
the court is the centerpiece of the five pillars in our criminal justice system. The court is
an organ of the government belonging to the judicial department whose function is the
application of the laws to controversies brought before it and the public administration
of justice. As such, the court performs, perhaps the most important role in the
administration of justice because:

1. It is the court that everyone turns to for justice.

2. It responsible for applying the criminal law against the offenders who commit
crimes, but at the same time protecting the same law violators from the
violations of the rights by criminal justice agents.

Example: Police

The court, as the third pillar of justice is looked upon as:

1. The final arbiter of justice.
2. The front line defender of democracy, freedom and human dignity.
3. The only institution capable of identifying and maintaining the proper balance
between the conflicting rights of the individual and those of the state and
society.

Court Distinguished from Judge

Court Judge
The court is an entity The judge is a person
appointed to a court
The court possess the element The judge may come and go
of stability and permanency anytime

Function of Court

The primary function of a Court of Justice is the dispensation of justice. In the

performance of this function, the court decides actual controversies brought before it,
and interprets the laws of the state.

Criteria for the Administration of Justice

Rule 135, Section 1 of the Rules of Court provides that “Justice shall be
impartially administered without unnecessary delay.” Impartial administration signifies
the courts will try cases without bias or prejudice, the judge acting objectively at all
times. The term “without unnecessary delay” means that the relief sought by the action
must be accorded immediately, provided the parties have been given their day in court.

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Regular Courts in the Philippines

A. Supreme Court (SC)

B. Court of Appeals (CA)
C. Regional Trial Courts (RTC)
D. Municipal Trial Courts (MTC)
Metropolitan Trial Courts
Municipal Circuit Trial Courts (MCTC)
E. Sandiganbayan (SB)

Corrections Pillar

The fourth pillar takes over once the accused, afer having been found guilty, is
meted out the penalty for the crime he committed. He can apply for probation or he
could be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence. When the
penalty is imprisonment, the sentence is carried out either in the municipal, provincial
or national penitentiary depending on the length of the sentence meted out.

Community Pillar

The fifh pillar has a two-fold role. First, it has the responsibility to participate in
law enforcement activities by being partners of the peace officers in reporting the crime
incident, and helping in the arrest of the offender. Second, it has the responsibility to
participate in the promotion of peace and order through crime prevention or deterrence
and in the rehabilitation of convicts and their reintegration to society.

Rehabilitation takes place when the convict is serving his sentence. A convict
may be paroled or may even be placed on probation. Under the concept of a
participative criminal justice system in the Philippines, public and private agencies as
well as citizens, become a part of the CJS when they participate and become involved
with issues and activities related to crime prevention. Thus, citizen-based crime
prevention groups become part of the CJS within the framework of their involvement in
crime prevention activities and in the reintegration of the convict who shall be released
from the corrections pillar into the mainstream of society.

Why should you be concerned about the CJS?

You should be concerned about the CJS because it affects your life, your work,
your activities and, in general, your pattern of behavior and relationship in the
community. This is why the community pillar is also the base of the entire CJS as there

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will never be criminal cases, in the first place, if the community is healthy and law-
abiding. But for the few who may have gone astray, they should be reintegrated into the
community once they are released from the penitentiary and should be helped to
become law-abiding members of the community.

What is Citizen’s Arrest?

Arrest may be effected with our without warrant. Warrantless arrest may be
effected by a peace officer or a private person under any of the following circumstances:
a. When in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
b. When an offense has, in fact, just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has committed it;
and,
c. When the person to be arrested is a prisoner who has escaped form a penal
establishment or is temporarily confined during the pendency of the case, or has
escaped while being transferred form one confinement facility oto another.

What can you do to help the CJS?

 Organize anti-crime groups

 Report crime, suspicions strangers or events to your barangay or police.
 If you are a witness to the commission of a crime, help in the prosecution of
the case.
 Organize visits to correctional institutions. This is one way of instilling social
awareness on the part of the public. This could also be an instrument
whereby the public can extend material and morale support to the convicts
and inspire rehabilitation.
 Help in the assimilation of released prisoners in the community to enable
them to be reintegrated into the mainstream of society.

BARANGAY COUNCILIATION (RA 7160 Local Gov’t Code of 1991)

Republic Act No. 7160 - It is an Act providing for a Local Government Code of 1991.
What is superseded PD 1508? It was superseded by Chapter 7, Section 399 to 422 of RA
7160

Objectives of Katarungang Pambarangay

a. To promote speedy administration of justice.

b. To perpetuate the time-honored tradition of setting disputes amicably for the
maintenance of peace and order.
c. To implement the constitutional mandate, preserve and develop Filipino Culture.

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 d. To relieve the courts of docket congestion and thereby enhance the quality of
justice dispense by them.

Cases over which the lupon of each barangay may take cognizance

The lupon of each barangay shall have authority to bring together the parties
actually residing in the same municipality or city for amicable settlement of all disputes
except;

a. Where one party is the government of any subdivision or instrumentality

thereof;
b. Where one party is a public office or employee, and dispute relates to the
performance of his official functions;
c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding
Five Thousand Pesos (P 5,000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree it submit their differences to
amicable settlement by an appropriate lupon;
f. Dispute involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each their differences to
amicable settlement by an appropriate lupon;
g. Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice.
h. Any complainant by or against corporations, partnerships, or juridicial entities.
i. Dispute where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
a. A criminal case where the accused is under police custody or detention;
b. A petition for habeas corpus by a person illegally detained or deprived of
his liberty or one acting in his behalf;
c. Actions coupled with provisional remedies, such as preliminary
injunction, attachment, replevin and support pendente life; and
d. Where the action may be barred by the statute of limitations;

j. Labor disputes or controversies arising from employee-employer relationship.

(Montoya vs. Escayo, et. al., 17 SCRA 442; Art. 228 Labor Code as amended);
k. Where the dispute arises out from the Comprehensive Agraria Reform Law (Secs.
46 and 47, RA 6657);
l. Actions to annul judgment upon a compromise which can be filed directly in
court. (Sanchez vs. Tupaz, 158 SCRA 459).

The court in which non-criminal cases not falling within the authority of the
lupon under this Code are filled may, at any time before trial, motu propio refer the case
to the lupon concerned for amicable settlement.

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Examples of Offenses punishable by the Revised Penal Code cognizable by the Lupon
include:

1. Alarms and Scandals (Art. 155)

2. Use of false certificates (Art. 175)
3. Concealing one’s true name and other personal circumstances
(Art. 178, part 2)
4. Physical injuries committed in a tumultuous affray (Art. 252)
5. Slight physical injuries and maltreatment (Art. 266)
6. Other forms of trespass (Art. 281)
7. Other light threats (Art. 285)
8. Other light coercion or unjust vexations (Art. 287)
9. Some forms of thefs (Art. 208, par. 3, and Art 3098, par 8)
10. Altering boundaries or landmarks (Art. 313)
11. Other deceits (Art. 318)
12. Arson of property of small value (Art. 323)
13. Social cases of malicious mischief (Art. 328)
14. Other mischief’s (Art. 329)
15. Slight slander (Art. 358)
16. Slander by deed not of a serious nature (Art. 359)
17. Intriguing against honor (Art. 364)
18. Thef, swindling or malicious mischief committed or caused
mutually by certain relatives, where there is no criminal but only civil liability.

All these offenses are punishable by imprisonment not exceeding 30 days and/or
fine not exceeding P 200.00. Under the New Local Government Code, all offenses
punishable by at least one year imprisonment and P 5,000 fine is now within the
jurisdiction of the Lupon. Also cognizable by the barangay courts are violators of
municipal ordinances which are similarly punishable as the abovementioned offenses
under the penal code.

Rules of venue under the law governing barangay conciliation

a. Disputes between persons actually residing in the same barangay shall be
brought or amicable settlement before the lupon of said barangay.
b. Those involving actual residents of different barangays within the same city
or municipality shall be brought in the barangay where the respondent or any
of the respondents actually resides, at the election of the complainant.
c. All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the larger portion thereof is
situated.
d. Those arising at the workplace where the contending parties are employed or
at the institution where such parties are enrolled or workplace or institution
is located. (Sec. 409, RA 7160)

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Objections to venue be raised under RA 7160

Objections to venue shall be raised in the mediation proceedings before the

punong barangay, otherwise, the same shall be deemed waived. Any legal question
which may confront the punong barangay in resolving objections to venue herein afer
referred to may be submitted to the Secretary of Justice or his duly designated
representatives whose ruling thereon shall be binding.

What kind of residence required by the law order that one may exempt from the
coverage of the Katarungang Pambarangay Law?

It must be more or less permanent. In Bejer, et al. vs. CA, 169 SCRA 568, the
Supreme Court said that actual residence should not be temporary, transient as in the
case of a houseguest or sojourner like a visit of a day or two. In the case at bar, plaintiffs
are not even listed as member of the Barangay, an indication that their stay in Pandacan
is merely transient. Of course, actual residence does not necessarily imply membership
in the Barangay; and membership in the Barangay does not necessarily mean actual
residence.

Who and how may a complainant be filed with the lupon?

Upon payment of the appropriate filing fee, any individual who has a cause of
action against another individual involving any matter within the authority of the lupon
may complain, orally or in writing, to the lupon chairman of the barangay.

What shall the lupon chairman do upon receipt of a complaint?

Upon receipt of the complainant, the lupon chairman shall within, the next
working day, summon the respondent (s), with notice to the complainant (s) for them
and their witnesses to appear before him for a mediation of their conflicting interests. If
he fails in his mediation effort within 15 days from the first meeting of the parties before
him, he shall forthwith set a date for the constitution of the pangkat.

What is the effect of the pedency of a case before the lupon on the prescriptive period
of actions?

While the dispute is under mediation, conciliation, or arbitration, the prescriptive

periods for offenses and cause of action under existing laws shall be interrupted upon
filling of the complaint with the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the certificate of repudiation or of the certification
to file action issued by the lupon or pangkat secretary: Provided, however, that such
interruption shall not exceed 60 days from the filing of the complainant with the punong
barangay.

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Is there any period prescribed by law within which the pangkat shall arrive at a
settlement of the dispute? Is it absolute?

There is. Under RA 7160, the pangkat shall arrive at a settlement or a resolution
of the dispute within 15 days from the day it convenes in accordance with this Section.
This period shall, at the discretion of the pangkat, be extendible for another period
which shall not exceed 15 days, except in clearly meritorious cases.

Does the law prescribe any form for the settlement of any dispute?

Yes. All amicable settlements shall be in writing, in a language or dialect known

to the parties, signed by them, and attested to by the lupon chairman, as the use the
same language, or dialect the settlement shall be written in the language or dialect
known to them. (Sec. 411, RA 7160)

May a complaint which involves matters within the authority of the lupon be fled in
court without passing through the lupon?

As a general rule, no. No complaint, petition, action or proceeding involving any

matter within the authority of the lupon shall be filed or instituted directly in court or
any other government office for adjucation, unless there has been a confrontation
between the parties before the lupon chairman or the pangkat, and that no conciliation
or settlement has been reached as certified by the lupon chairman or pangkat
chairman or unless the settlement has been repudiated by the parties thereto.

What is the effect if the defendant does not invoke the lack of prior conciliation before
the barangay? Explain.

It is an implied waiver of the condition imposed by PD 1508 Local Government

Code) Such waiver also takes place where a motion to dismiss is a filed afer an answer
has been filed within the period to plead and before and answer is filled. Furthermore,
the Rules of Court, provide that defenses and objections not raised in a motion to
dismiss or in the answer are deemed waived.

May a case or proceeding be filled directly in court without passing through the
lupon?

Yes, because the requirement is not absolute. There are exceptions, like:
1. Where the accused is under detention;

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 2. Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceeding;
3. Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendente
lite; and
4. Where the action may otherwise be barred by the statute of limitations.

If a person files a suit respecting his civil status, is there a need for prior barangay
conciliation? Why?

There is no need. It was said that in cases involving the civil status of a person –
such as one filed by a natural child to compel his acknowledgment – Is not amont the
cases where prior resort to barangay conciliation is not necessary. The reason is
obvious. The possibility of settlement at this level, however, remote, is encouraged even
in such cases before the issue is brought to the court.

If the parties belong to the cultural minorities, what rules shall the pangkat apply”

The customs and traditions of indigenous cultural communities shall be applied

in setting disputes between members of the cultural communities.

Are the proceedings before the lupon or pangkat open to the public? Is the rule
absolute?

Yes, all proceeding for settlement shall be public and informal, but the lupon
chairman or pangkat chairman my motu proprio or upon request of a party, exclude the
public from the proceedings in the interest of privacy, decency or public morals.

What is the requirement of the law with respect to the appearance of the parties
before the lupon or pangkat?

The law requires that in all katarungang pambarangay proceedings, the parties
must appear in person without the assistance of counsel or representative, except for
minors and incompetents who may be assisted by their next of kin who are not lawyers.
If appears from the law that lawyers are not supposed to appear and represent their
clients in katarungang pambarangay proceedings. But if he is the party involved, he
may.

If the parties arrive at an amicable settlement before the lupon or pangkat, what is the
effect of such settlement?

The amicable settlement and arbitration award shall have the force and effect of
a final judgment of a court upon the expiration of 10 days from the date thereof; unless

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repudiation has been made or a petition of nullify the award has been filed before the
proper city or municipal court.

How many the amicable settlement of arbitration award be executed?

It may be enforced by execution by the lupon within six (6) months from the date
of the settlement. Afer the lapse of such time, the settlement may be enforced by
action in the appropriate city or municipal court.

Within what period should a party repudiate the settlement and how?

Any party to the dispute may, within ten (10) days form the date of the
settlement, repudiate the same by filing with the lupon chairman a statement to that
effect sworn to before him, where the consent is vitiated by fraud, violence, or
intimidation.

What is the effect of such repudiation?

Such repudiation shall be sufficient basis for the issuance of the certification for
filing a complaint.

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