INTRODUCTION TO CRIMINOLOGY

 CRIMINOLOGY
-The entire body of knowledge regarding crimes, criminals and the effort of society to prevent
and repress them.
-The scientific study of the causes of crimes in relation to man and society who set and define
rules and regulations for himself and other to govern.

 THE EVOLUTION OF CRIMINOLOGY

- The term criminology was derived from the Italian term “criminologia” coined by Raffaelle
Garafalo,an Italian law professor, in 1885.
- In 1887, Paul Topinard, a French anthropologist, used the term “criminologie”.
- An American criminologist in the person of Edwin Sutherland introduced his own definition
of the term “criminology”. According to him, criminology is the entire body of knowledge
regarding crime as a social phenomenon. It includes within its scope the process of making
laws, of breaking laws and of reacting towards the breaking of the laws.

 NATURE OF CRIMINOLOGY
1. It is an applied science.
2. It is a social science. Crime is a social creation and it exists in a society being a social
phenomenon.
3. It is dynamic. Criminology changes as a social condition changes. It is concomitant with the
advancement of other science that have been applied to it.
4. It is nationalistic. The study of crimes must be in relation with the existing criminal law
within a territory or country. The question as to whether an act is a crime is dependent on the
criminal law of a state.

 SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal law
2. Study of the causes of crimes and development of criminals.
3. Study of different factors that enhance the development of criminal behavior, such as:
a. Criminal demography - the study of the relationship between criminality and
population.
b. Criminal epidemiology – the study of the relationship between environment and
criminality.
c. Criminal ecology – the study of criminality in relation to the spatial distribution in a
community.
d. Criminal physical anthropology – the study of criminality in relation to physical
constitution of men.
e. Criminal psychology – the study of human behavior in relation to criminality
 f. Criminal psychiatry – the study of human mind in relation to criminality.
g. Victimology – the study of the role of the victim in the commission of crime

A. Criminal etiology = the study of the Cause or origin of crime. It studies the primary reason
for crime commission.
B. Sociology of law = attempt at scientific analysis of the condition which the penal/criminal
laws has developed as a process of formal or social control.
C. Sociology = it is the study of human society, its origin, structure, functions and direction.
D. Criminological research = study of the crime correlated to with antecedent variables, state
of crime trend.

 CRIME
- An act or omission in violation of public law forbidding or commanding it.

 SUB-CLASSIFICATION OF CRIMES
a. FELONY
- An act or omission punishable by law which is committed by means or dolo (deceit) or culpa
(fault) and punishable under the Revised Penal Code.
b. OFFENSE
- An act or omission in violation of a special law.
c. 3) INFRACTION
- An act or omission in violation of a city or municipal ordinance.

Classes of Crimes
1. Crime Mala In Se = acts that are outlawed because they violate basic moral values such as
rape, murder, assault and robbery?
a. Intentional felony (IFI)
b. Non-intentional felony (IFN)
2. Crime Mala Prohibita = acts that are outlawed because they clash with current norms and
public opinion, such as tax, traffic and drug laws.

ELEMENT OF A FELONY
a) INTENTIONAL FELONIES:
- committed by means of dolo (deceit)
- The act or omission is performed with deliberate intent or malice
1) Freedom or voluntariness
2) Intelligence
3) Intent

b) CULPABLE FELONIES:
- committed by means of Culpa (fault)
- The act or omission of the offender is not malicious and the injury caused by the offender is
unintentional, it being the simply the incident of another act performed without malice
1) Freedom or voluntariness
2) Intelligence
3) Negligence or imprudence (lack of
Foresight or lack of skill)

LEGAL CLASSIFICATION OF CRIMES

1) As to the manner crimes are committed:
a) by means of dolo or deceit
b) by means of culpa or fault
2) As to the stage in the commission of crimes:
a) Consummated crime - when all the element necessary for its execution and
accomplishment are present
b) Frustrated crime – when the offender has performed all the acts of execution which will
produce the felony as a consequence but which nevertheless do not produce it, by reason of
causes independent of the will of the perpetrator
c) Attempted crime – when the offender commences the commission of crime directly by overt
acts and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance
3) According to plurality:
a) simple crime – single act constituting only one offense
b) Complex crime – single act constituting two or more grave felonies or an is a necessary
means for committing the other
4) According to gravity:
a) Grave felonies – those the law attaches the capital punishment or afflictive penalties
b) Less grave felonies – those to which the law attaches correccional penalties
c) Light felonies – those to which the law attaches the penalty of arresto menor or a fine not
exceeding P200.00

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1) According to the result of the crime:
a) Acquisitive crime – the offer acquires something
b) Extinctive crime – the consequence of the act is destructive
2) According to the time or period of the commission of the crime:
a) Seasonal crime – committed only during a certain period of the year
b) Situational crime – committed only when the situation is conductive to its commission
3) According to the length of time of the commission of the crime:
a) Instant crime – committed in the shortest possible time
b) Episoidal crime – committed by series of acts in lengthy space of time
4) According to the place or location:
a) Static crime - committed in only one place
b) Continuing crime – committed in several place
5) According to the use of mental faculties:
a) Rational crime – committed with intent and the offender is in full possession of his
sanity
b) Irrational crime –committed by an offender who does not know the nature and quality
of his act an account of the disease of the mind
6) According to the type of offender:
a) White collar crime – committed by a person belonging to the upper socio- economic
class in the course of his occupational activities
b) Blue collar crime – committed by ordinary professional criminal to maintain his
livelihood
Other types of crimes
Bias crime = acts directed toward a particular person or members of a group merely
because the targets share a discernible racial, ethnic, religious or gender characteristics. Also
called hate crimes.
Cleared crimes = two ways by which crimes are closed: (1) when at least one person
arrested, charge, and turned over to the court for prosecution, (2) by exception means, when
some element beyond police control precludes the physical arrest of an offender e.g. when he/she
leaves the country.
Corporative crimes = white collar crime involving a legal violation by corporate entity
such as price fixing, restraint of trade, or hazardous waste dumping.
Crime of reduction = crimes that are committed when the offended party experiences a
loss of some quality relative to his her present standing such as when they becomes victims of
robbery or theft, but they may also be victimized if their dignity is stripped from them when they
are taunted by racists.
Crime of repression = crimes that are committed when members of a group are
prevented from achieving their fullest potential because of racism, sexism, or some status bias.
Cyber crime = the commission of criminal acts using the instruments of modern
technology such as computers or the internet.
Economical crime = an act in violation of the criminal that is designed to bring financial
gain to the offender.
Enterprise crime = the use of illegal tactics by a business to make profits in the market
place.
Expressive crime = a crime that has no purpose except to accomplish the behavioral
hand such as shooting someone.
Hate crime = act of violence or intimidation design to terrorize or frighten people
considered undesirable because of their race, religion, ethnic origin, or sexual orientation.
Inchoate crime = incomplete or contemplated crimes such as criminal solicitation or
criminal attempts.
 Mission hate crimes = violent crimes committed by disturbed individuals who see it as
their duty to rid the world of evil.
Organizational crimes = crimes that involves large corporations and their efforts to
control the market place and earn huge profits, through unlawful bidding, unfair advertising,
monopolistic practices, or other illegal means.
Organized crimes = illegal activities of people and organization whose acknowledge
purpose is profit to illegitimate business enterprise.
Public order crimes = Acts that are considered illegal because they threaten general
well- being of society and challenge its accepted moral principles. Prostitution, drug use, and the
sale of pornography are considered public order crimes.
Reactive hate crime = perpetrators believe they are taking a defensive stand against
outsiders who they believe threaten their community or way of life.
Retaliatory hate crime = offense committed in response to a hate crime, real or
perceived.
Statutory crimes =crimes defined by legislative bodies in response to changing social
conditions, public opinion, and custom.
Trill-seeking hate crime = hatemonger who join forces to have fun by bashing
minorities or destroying property; inflicting pain on others gives a sadistic thrill.
Victimless crimes = that violate the moral order but in which there in no actual victim or
target in these crimes which include drug abuse and sex offenses. It is society as a whole and not
an individual who is considered the victim.
White – collar crimes = illegal acts that capitalize on a person’s status in the market
place. It may involve theft, embezzlement, fraud, market manipulation restraint of trade, and
false advertising.

Other term referring to crimes

I. Crime of Rape
a. acquaintance rape = forcible sex in which offender and the victim are acquitted with one
another
b. aggravated rape = rape involving multiple offenders, weapons and victim injuries.
c. date rape = forcible sex during the courting relationship.
d. gang rape = forcible sex involving multiple attacker.
e. marital rape = forcible sex between people who are legally married to each other.
f. serial rape =multiple rapes committed by one person over time.
g. statutory rape = sexual relations between an underage minor females and an adult male.
II. Crime of killing
a. Homicide = the killing of human being by another.
b. Parricide = the act of killing one’s own father, mother, spouse, or child.
c. Infanticide = killing of an infant less than 3 days old.
d. Sororicide = killing one’s own sister.
e. Fracticide = killing of one’s own brother.
f. Matricide = killing of a mother by her own child.
g. Patricide = killing of a father by his own child.
h. Uxoricide = act of one who murders his wife.
i. Eldercide = the murder of a senior citizen.
j. Abortion (aborticide) = an act of destroying (killing) a fetus in the womb.
k. suicide = taking one’s own life voluntarily and intentionally.
l. Regicide = the killing or murder of a king
m. Vaticide = the killing of a prophet.
n. euthanasia = mercy killing or the act or practice of painless putting to death a person’s
suffering from incurable and distressing disease.
o. Involuntary manslaughter = a homicide that occurs as a result of acts that are negligent and
without regard for the harm they may cause others, such as driving while under the influence of
liquor or drugs. (also known as negligent manslaughter).
p. Voluntary manslaughter = a homicide committed in the heat of passion or during a sudden
quarrel; although intent may be present, malice is not.
q. Mass murder = the killing of a large number of people in single incident by an offender who
is typically does not seek concealment or escape.
r. Murder = the unlawful killing of human being with malicious intent.
s. serial Murder = the killing of large number of people over time by offender who seek to
escape detection.
III. Crimes against Property
a.Acquaintance against robbery = robbery who focus their theft on people they know.
b. Arson = the intentional or negligent burning of a home, structure, or vehicle for criminal
purpose such as profit, revenge, fraud or crime concealment.
c. Arson for profit = people looking to collect insurance money, but who afraid or unafraid to
set the fire themselves, hire professional arsonist.
d. Arson fraud = a business owner burns his or her property, or hires someone to do it, to escape
financial problem.
e. Burglary = braking into and entering a home or structure for the purpose of committing a
felony.
f. Carjacking = theft of a car by force or threat of force.
g. Churning = a white collar crime in which a stockbroker makes repeated trades to fraudulently
increase his/her commission.
h. Commercial theft = business theft that is part of the criminal law; without such laws the free
enterprise system could not exists.
i. Grand larceny = theft of money or property of substantial values, punished as a felony.
j. Larceny = taking for one’s own use the property of another, by means other than force or
threats on the victim or forcibly breaking into a person’s home or workplace; theft.
k. Petit (petty) larceny = theft of a small amount of money or property, punished as a
misdemeanor.
l. Pilferage = theft by employees through stealth or deception.
m. Robbery = taking or attempting to take something of value by force or threat of force and /or
by putting the victim in fear.
n. Shoplifting = the taking of goods from retailed store.

CRIMINAL
-In the legal sense, a criminal is any person who has been found to have committed a wrongful
act in the course of the standard judicial process; there must be a final verdict of his guilt.
-In the criminological sense, a person already considered a criminal the moment he committed
a crime.

GENERAL CLASSIFICATION OF CRIMINALS

1) On the basis of etiology:
a) Acute criminals – persons who violated criminal law because at the impulse of the
moment, fit of passion or anger.
b) Chronic criminals - persons who acted in consonance with deliberated thinking such as:
b.1) neurotic criminals – persons whose acting arise from the intra-physic conflict
between the social and anti-social components of his personality.
b.2) normal criminals – persons whose psychic organization resembles that of a normal
individual except that he identifies himself with criminal prototype.

2) On the basis of behavioral system:

a) Ordinary criminals – the lowest form of criminal career; they engaged only
inconventional crimes which require limited skill.
b) Organized criminals – these criminals have a high degree of organization that enables
them to commit crimes without being detected and committed to specialized activities
which can be operated in large scale business.
c) Professional criminals – these are highly skilled and able to obtain considerable amount
of money without being detected because of organization and contact with other
professional criminals.
3) On the basis of activities:
a) Professional criminals –those who earn their living through criminal activities.
b) Accidental criminals – those who commit criminal acts as a result of unanticipated
circumstance.
c) Habitual criminals – those who continue to commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of control.
d) Situational criminals – those who are actually not criminals but get in trouble with legal
authorities because they commit crimes intermixed with legitimate economic activities.
Other Criminal types
Career criminal = a person who repeatedly violates law and organized his or her
neighbors.
 Professional criminals = offenders who make a significant portion of their income for
crime.
Professional fence = an individual who earns his or her living solely by buying and
retailing stolen merchandise.
Reasoning criminal = according to the rational choice approach, law-violating behavior
occurs when an offender decides to risk breaking the law after considering both personal factors
such as need for money, revenge, thrills and entertainment and situational factors such as how
well a target is protected and the efficiency of the local police force.

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW or PENAL LAW
- That branch of public law which defines crimes, treats of their nature and provides for their
punishment
REVISED PENAL CODE (RPC) – Act. No. 3815
- The book that contains the Philippines criminal law.
- Effectively of the RPC is 1 January 1932
- Approved on December 8, 1930
CHARACTERISTICS OF CRIMINAL LAW
1) It is general in application/ GENERALITY:
The provision of the criminal or penal law must be applied equally to all persons within the
territory regardless of sex, race, nationality and other personal circumstances, with the following
exception:
a) Heads of state or country
b) Foreign diplomats and ambassador
2) It is territorial in character/TERRITORIALITY:
As part of the right of a state to self-preservation, each independent country has the right
to promulgate laws enforceable within its territorial jurisdiction, subject only to the limitations
imposed by treaties of preferential applications and by the operation of international law of
nations. The Revised penal Code and the other special laws are applicable only to the areas
within the Philippine territorial jurisdiction, such as:
a) Philippine archipelago – all the islands
that comprise the Philippines
b) Atmosphere water – all bodies of water
that connect all the islands such as
bays, river and stream
c) Maritime zone – the twelve (12)
Nautical Mile limit beyond our shore
measured at low tide
EXCEPTION TO THE TERRITORIAL CHARACTER OF THE REVISED
PENAL CODE:
 The revised Penal Code shall be applicable to all cases committed outside the
Philippine territorial jurisdiction under the following circumstances:
a) Should commit an offense while on Philippines ship or airship:
b) Should forge or counterfeit any coin or currency note of the Philippines island or
obligation and securities issued by the government of the Philippines;
c) While being a public officer or employee should commit an offense in the exercise of
their function
d) Should commit any of the crimes against national security and law of nations

3) It is prospective or retrospective /PROSPECTIVITY:

No person may be punished for his act when at the time he committed the act, it is still
not yet punishable by law. However, penal laws may be given retroactive effect when it is
favorable to the accused.

4) It is specific and definite.

Criminal law must give a strict definition of a specific act which constitutes an offense.
Where there is doubt as to whether a definition embodied in the Revised Penal Code applies to
the accused or not, the judge is obligated to decide the case in favor of the accused. Criminal
law must be constructed liberally in favor of the accused and strictly against the state.

5) It is uniform in application.
An act described as a crime is a crime no matter who committed it. Wherever committed
in the Philippines and whenever committed. No exception must be made as to the criminal
liability. The definition of crimes together with the corresponding punishment must be uniformly
constructed, although there may be a difference in the enforcement of a given specific provision
of the penal law.

6) There must be a penal sanction or punishment.

Penal sanction is the most essential part of the definition of the crimes. If there is no
penalty to a prohibited act, its enforcement will almost be impossible. The penalty is acting as
deterrence and as a measured of self-defense of the state to protect society from the threat and
wrong inflicted by the criminal.

EVOLUTION OF CRIMINAL LAWS

A) PREHISTORIC CRIME AND PUNISHMENT
Primitive tribes
- Punishment may be in the form of ostracism and expulsion
- Adultery may be punished by the aggrieved husband who may kill the adulterer and his own
attending wife
- Crime may be avenged by the victim himself or by the victim’s family
8) THE EARLY CODES
1) CODE OF HAMMURABI
- Hammurabi the king of Babylon during the eighteenth century BC is recognized as the first
codifier of laws.
- It provides the first comprehensive view of the laws in the early days.
- The Code was carved in stone
- The “law of talion”, on the principle of “tit for tat”, (an eye for an eye, tooth for a tooth)
appears throughout the Code
- Under the principle of the law of talion, the punishment should be the same as the harm
inflicted on the victim
Highlight of the Code of Hammurabi:
a) Compensation to the victim of a robbery by the authorities if the thief was not caught
b) The killer is answerable not to the family of the victim but to the king
c) Death was the penalty for robbery, theft, false witness, building a house that falls on its
owner
(If the house should collapse and kill the owner’s son, the son of the builder would be the
one executed)
d) A son who struck his father would suffer the amputation of a hand
e) If in an assault a victim’s bone was broken, the same bone of the assailant would be
broken

2) THE HITTITES
- The Hittites existed about two centuries after Hammurabi and eventually conquered Babylon

Highlight of the laws of the Hittites:

- Capital punishment was used for many offenses, except for homicide or robbery
- Rape, sexual intercourse with animals, defiance of the authority and sorcery were all punishable
by death
- The law of homicide provided for the restitution to the victim’s heirs
- Law enforcement and judicial functions were placed in the hands of commanders of military
garrisons

3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the seventh century BC
Highlight of the Code of Drakon:
- Death was the punishment for almost every offense
- Murderers might avoid execution by going into exile; if they return to Athens, it was not a
crime to kill them
- Death penalty was administered with great brutality
4) LAWS OF SOLON
- Solon was appointed archon and was given legitimate powers
- Solon repealed all the laws of the Code of Drakon, except the law on homicide
- Solon was one of the first to see that a lawgiver had to make laws that applied equally to all
citizens and also saw that the law of punishment had to maintain proportionality to the crimes
committed
Highlights of the Laws of Solon:
- the thief was required to return stolen property and pay the victim a sum equal to twice its value
- for the crime of temple robbery, the penalty was death
- for rape of a woman, the penalty was a fine of certain amount

5) ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the middle of the sixth century
BC
- the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians
Highlight of the Twelve Tables:
- if a man break another’s limb and does not compensate the injury, he shall be liable to
retaliation
- a person who committed arson of a house or a stack of com shall be burned alive
- judges who accepted bribes as well as those who bribed them were subject to execution
- any act of treason was punishable by crucifixion

SCHOOLS OF THOUGHT IN CRIMINOLOGY

CLASSICAL CRIMINOLOGY
The classical school at criminology grew out of a reaction against barbaric system of law,
punishment and justice that existed. There was no real system of criminal justice in Europe at
that time. Some crimes were specified, some were not. judges had discretionary power to convict
a person for an act not even legally defined as criminal.
This school of thought is based on the assumption that individuals choose to commit
crimes after weighing the consequences of their actions. According to classical criminologists,
individuals havefree will. They can choose legal or illegal means to get what they want, fear of
punishment can deter them from committing crime and society can control behavior by making
the pain of punishment greater than the pleasure of the criminal gains.
This theory, however, does not give any distinction between an adult and a minor or a
mentally-handicapped in as far as free will is concerned.

FOUNDER OF THE CLASSICAL CRIMINOLOGY

1) CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)
 - published a book entitled “On Crimes and Punishment” in 1764; this book presented a
coherent and comprehensive design for an enlightened criminal justice system that was
to serve the people
- his book contains almost all modern penal reforms but its greatest contribution was the
foundation it laid for subsequent changes in criminal legislation
- his book was influential in the reforms of penal code in France, Russia, Prussia and it
influenced the first ten amendments to the US Constitution
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE
CRIMINAL JUSTICE SYSTEM
“In forming a human society, men and women sacrifice a portion of their liberty so as to
enjoy peace and security”
“Punishment that go beyond the need of preserving the public safety are in their nature
unjust”
“Criminal laws must be clear and certain. Judges must make uniform judgments in
similar crimes.”
“The law must specify the degree of evidence that will justify the detention of an
accused offender prior to his trial.”
“Accusations must be public. False accusations should be severely punished.”
“To torture accused offenders to obtain a confession is inadmissible.”
“The promptitude of punishment is one of the most effective curbs on crime.”
“The aim of punishment can only be to prevent the criminal from committing new crimes
against his countrymen, and to keep others from doing likewise. Punishments, therefore, and the
method of inflicting them, should be chosen in due proportion to the crime, so as to make the
most lasting impression on the minds of men…”
“Capital punishment is inefficacious and its place should be substituted life
imprisonment.”

“It is better to prevent crimes than to punish them. That is the chief purpose of all
good legislation.”

JEREMY BENTHAM
- founded the concept of UTILITARIANISM - assumes that all our actions are
calculated in accordance with their likelihood of bringing pleasure and pain
- devised the pseudo-mathematical formula called “felicific calculus” which states that
individuals are human calculators who put all the factors into an equation in order to
decide whether a particular crime is worth committing or not
 - he reasoned that in order to deter individuals from committing crimes, the punishment,
or pain, must be greater than the satisfaction, or pleasure, he would gain from
committing the crime
-
Rational Choice theory = law violating behavior occurs when the offender decides to risk
breaking the law after considering both personal factors and situational factors.

Offense – specific = means that criminals does not simply engage in random acts of anti-social
behavior.

Offender-specific =means that criminals does not simply engage in random acts of anti-social
behavior.
Three essential elements in decision making as to commit or not to commit crime:
1) Type of crime
2) Time and place of crime
3) Target

NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that free will of men may be
affected by other factors and crime is committed due to some compelling reasons that prevail.
These causes are pathology, incompetence, insanity or any condition that will make it impossible
for the individual to exercise free will entirely. In the study of legal provisions, this is termed as
their mitigating or exempting circumstances.

POSITIVIST CRIMINOLOGY
During the late eighteenth century, significant advances in knowledge of both the
physical and social world influenced thinkingabout crime.Forces of positivism and evolutionism
moved the field of criminology from philosophical to a scientific perspective.
Positive theorist was the first to claim the importance of looking at individual difference
among criminals. These theorists focused on biological, psychological and sociological causation
of crime.
CESAR LOMBBROSO
- Considered the FATHER OF MODERN CRIMINOLOGY due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas are now
discredited
- He claimed that criminals are distinguishable from non-criminals due to the presence of
atavistic stigmata (Atavistic anomalies) – the physical features of creatures at an earlier
stage of development
- He asserted that crimes are committed by those who are born with certain recognizable
hereditary traits
 - According to his theory, criminals are usually in possession of huge jaws and strong
canine teeth, the arm span of criminals is often greater than their height, just like
that of apes who use their forearms to push themselves along the ground
- Other physical stigmata include deviation in head size and shape, asymmetry of the
face, excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears
of unusual size, nose twisted, upturn or flattened in thieves, or aquiline or beaklike in
murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of
animal’s toes
- Lombroso’s work supported the idea that the criminal was a biologically and physically
inferior person
- According to him, there are three (3) classes of criminals:
1) Born criminals – individuals with at least five (5) atavistic stigmata
2) Insane criminals – those who are not criminals by birth; they become criminals as a
result of some changes in their brains which interfere with their ability to distinguish
between right and wrong
3) Criminaloids – those with makeup of an ambiguous group that includes habitual
criminals, criminals by passion and other diverse types.
DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY
A) BIOLOGICAL DETERMINISM
this explanation for the existence of criminal traits associates an individual’s evil
disposition to physical disfigurement or impairment.

1) GIAMBATTISTA DELA PORTA (1535-1615)

- Italian physician who founded the school of human physiognomy, the study of facial
features and their relation to human behavior, the study of judging a person’s character
from facial features to determine whether the shape of the ears, nose and eyes and the
distances between them were associated with anti-social behavior
2) JOHANN KASPAR LAVATER (1741-1801)
- Swiss theologian who believe that people’s true characters and inclinations could be read
from their facial features
3) FRANZ JOSEPH GALL (1758-1828)
- Born in Germany a renowned neuro-anatomist and physiologist and a localization of
mental function in the brain
- Developed cranloscopy a method of study the personality and development of mental
and moral faculties based on the external shape of the skull
- Cranioscopy was later renamed as phrenology, the study that deals with the
relationship between the skull and human behavior
4) CHRLES GORING (1870-1919)
 - Also studied phrenology or craniology which deals with the study of the external
formation of the skull indicating the conformation of the brain and the development of its
various parts which is directly related to the behavior of the criminal
- He believed that criminal characteristics were inherited and recommended that people
with such characteristics should not be allowed to reproduce.
- Relationship between crime and defective intelligence such as feeblemindedness,
epilepsy, insanity and detective social instinct.
5) JOHANN KASPAR SPURZHEIM (1776-1832)
- German phrenologist who was the assistant of Gall
- He was the man most responsible for popularizing and spreading phrenology to a wide
audience

PHYSIOLOGY OR SOMATOTYPE
-this refers to the study of the body build of a person in relation to his temperament and
personality and the type of offense he is most prone to commit. It became popular in the 1 st
half of the 20th century

The following are the proponents of the somatotype school of criminology:

1) ERNEST KRETSCHMER
- He correlated body build and constitution with characters or temperamental reactions and
mentality
- He distinguished three (3) principal types of physiques:

a) Asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery
and fraud
b) Athletic – medium to tail, strong, muscular, coarse bones; they are usually
connected with crimes of violence
c) Pyknic – medium height, rounded figures, massive neck, broad face; they tend
to commit deception, fraud and violence

2) WILLIAM SHELDON
- formulated his own group of somatotype:

TYPE OF PHYSIQUE and TEMPERAMENT

a) endomorphic – relatively large digestive viscera; round body; short’ tapering limbs; bones;
smooth, velvety skin.
Viscerotonic – generally relax and comfortable small person, loves luxury and essentially
extrovert.
b) Mesomorphic – with relative predominance of muscles, bones and motor organs of the body
with large wrist and hands
Romotonic – active, dynamic; walks, talks and gestures assertively and behaves aggressively

c) Ectomorphic – relative pre- dominance of skin and its appendages which includes the
nervous system; it has fragile and delicate bones; with droopy shoulders, small face and sharp
nose, fine hair
cerebrotonic –introvert prone to allergies, skin troubles, chronic fatigue, insomnia, sensitive
skin and sensitive to noise and with relatively small body

HEREDITY AS A FACTOR IN CRIMINALITY

1) RICHARD DUGDALE
- He studied the lives of the members of theJUKES FAMILY and referred to ADA
MARGARETH JUKES as the MOTHER OF CRIMINALS.
- he discovered that from among the descendents of Ada Jukes, there were 280 pauper, 60
thieves, 7 murderers, 40 other criminals, 40 persons with venereal diseases and 50 prostitutes
- he claimed that since families produce generations of criminals, they must have been
transmitting degenerate traits down the line

2) HENRY GODDARD
- he studied the lives of the KALLIKAK FAMILY and found that among the descendants from
MARTIN KALLIKAK’s relationship with a feeble-minded lady, there were 143 feeble-minded
and only 46 normal, 36 were illegitimate, 3 epileptic, 3 criminals, 8 kept brothels and 82 died of
infancy; his marriage with a woman from a good family produced almost all normal descendants,
only 2 were alcoholics, I was convicted of religious offense, 15 died at infancy and no one
became criminal or epileptic.

INTELLIGENCE AS A FACTOR IN CRIMINALITY

The classic studies of the Juke and Kallikak families were among the first to show that
feebleminded or low-intelligence can be inherited and transferred from one generation to the
next. Numerous test were also conducted that lead to the development of the use of IQ test as a
testing procedure for offenders. The very first results seemed to confirm that offenders had low
mental abilities and they were found to be mentally impaired.

PSYCHOLOGICAL DETRMINISM
This explains the psychological determinants which define behavior of a person. This
idea has long been hatched by thinkers who were consumed by the belief that it is the
psychological equivalents that prod the person to act the way he does.
There are many ways to classify psychological theories emphasize emotional problems,
mental disorders, sociopathy and thinking patterns. But the common assumption of these theories
is that there is something wrong with the mind of the offender which caused him to commit
crimes.
From among the many theories regarding the relationship of psychology and crime, the
psychoanalytic theory by Sigmund Freud is the most notable:

1) SIGMUND FREUD (1856-1939)

He is recognized as the FATHER OF PSYCHOANALYSIS
- he believed that man carry with him residue of the most significant emotional attachments of
his childhood, which then guide future interpersonal relationship.
- he founded the PSYCHOANALYTIC (Psychodynamic) THEORY OF CRIMINALITY in
which he attributed delinquent and criminal behavior to a conscience that is overbearing which
arouses feelings of guilt or a conscience that is so weak that it cannot control the individual’s
impulses and the need for immediate gratification.
- in his theory, PERSONALITY IS COMPOSED OF THREE COMPONENTS:

a) ID – this stands for instinctual drives; the primitive part of the individual’s mental make-up
present ay birth; it is governed by the “pleasure principal”; represent the unconscious
biological drives for pleasure; the id impulses are not social and must be repressed or adapted so
that they may become socially acceptable

b) EGO – this is considered to be the sensible and responsible part of an individual’s personality
and is governed by the ”reality principle”; it is developed early in the demands of the id by
helping the individuals guide his actions to remain within the boundaries of accepted social
behavior; it is the objective, rational part if the personality.

c) SUPEREGO – serves as the moral conscience of an individual; it is structured by what

values were taught by the parents, the school and the community, as well as belief in God; it is
largely responsible for making a person follow the moral codes of society. It is divided into two
parts: conscience (tells what is right or wrong) and ego ideal (direct the individual to morally
acceptable and responsible behaviors, which may not be pleasurable).

PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT

EROS = the most basic human drive present of birth (the instinct to preserve and create
life). An expressed sexually.
 Oral stage = usually during the first year of life when the child attains pleasure by
sucking and biting.
 Anal stage = focus on the elimination of bodily wastes during the second and third years
of life.
 Phallic stage = during the third year when child focus their attention on their genitals.
Oedipus complex = a stage of development when male begin to have sexual
feelings for their mother
 Electra complex = a stage of development when girls begin to have sexual
feelings for their fathers.
Latency = begins at age 6. Feelings of sexuality are expressed until the genital
stage begins at puberty; this marks the beginning of adult sexuality.
Fixated person = exhibit behavior traits characteristics of those encountered
during infantile sexual development e.g. an infant who does not receive enough oral
gratification during the first year of life is likely as an adult engage in such oral behavior
as smoking, drinking, or drug abuse and others.

PSYCHOLOGICAL THEORIES OF CRIME CAUSATION

1) EMOTIONAL PROBLEM THEORIES
The emotional problem theories look at the offender as having the same psychological
make-up as that of non-offender. There is no disease or psychological disorder present in the
offender. But the offender does not cope well with his environment and this creates frustration
that result in crime. The emotional problem theories assumes that the lawbreaker does not have a
great mental sickness that causes him to commit crimes but rather, he commits crime because of
everyday emotional problems that made him unable to cope. As a result the offender acts out
criminality.
2) MENTAL DISORDE THEORIES
There are two types of mental disorders. First, the organic disorder, where the
physiological cause can be identified, such as, head injuries that left the mind blank, senility,
Parkinson’s disease and Alzheimer’s disease, Organic disorders refer to the brain’s disorder or
sickness. Second is the functional disorder, which is characterized by strange behavior that
cannot be traced to any known organic disease. Examples of functional disorders are those
people with no apparent brain sickness who hear voices that others do not hear, or who see things
that others do not see.

TYPE OF MENTAL DISORDERS

1) NEUROSIS
- a common type of mental disorder used to explain criminal behavior
- also referred to as hysteria or neurasthenia
- some of the more common neuroses are:
a) ANXIETY – also known as anxiety state or anxiety reaction; characterized by the person
feeling anxious, fearful anticipation or apprehension; the person may, be irritable have
poor concentration and over reacts to things that are annoying
b) OBSESSIVE COMPULSIVE BEHAVIOR – people who suffer from this have
unwanted, intrusive and repetitive thoughts or behaviors

OBSESSION – a repetitive and irresistible thoughts or urge

 COMPULSION – a repetitive behavior that is thought to produce or prevent something
that is thought to be magically connected to the behavior

c) PHOBIA – excessive and unexplainable fear of something; generally exaggerated fear of

things that normal people do not fear with the same degree

d) DEPRESSION – extreme feeling of low morale, sadness loneliness, self-pity, despair,

rejection, boredom and pessimism; a person is said to be depressed if these feelings
become pervasive and can already affect all aspect of a person’s life

e) IMPULSE DISORDER – an excessive or unreasonable desire to do or have something;

an irrational or irresistible motive; examples of this are kleptomania, pyromania,
dipsomania and others

2) PSYCHOSES
-a more serious type of mental disorder, which can be organic or functional
- psychotic people lose contact with reality and have difficulty distinguishing reality from
fantasy
- the most common type of psychosis are the following:
a) SCHIZOPRENIA – also called dementia praecox; characterized by distortion or
withdrawal from reality, disturbances of thought and language and withdrawal from
contact.
b) PARANOIA – gradual impairment of the intellect, characterized by delusions or
hallucination.

DELUSION – false belief

HALLUCINATION – false perception

DELUSION OF GRANDEUR – a false belief that you are greater than everybody else

DELUSION OF PERSECUTION – a false belief that other people are conspiring to kill harm
or embarrass you

Albert Adler (1870-1937) = founder of individual psychology and called the term
“inferiority complex” --- people who have them feelings of inferiority and compensate for them
with a drive for superiority.

Erik Erikson (1902-1984) = described the so called “identity crisis” --- a psychological state in
which youth face inner turmoil and uncertainty about life roles.
August Aichorn= he conclude that societal stress, though damaging, could not alone result in a
life of crimes unless a predisposition existed that psychologically prepared youth for antisocial
acts. He called this mental state the latent delinquency, found on youth whose personality
requires acting in the following ways: (1) seek immediate gratification, (2) consider satisfying
their personal needs more important than relating to others, and (3) satisfying instinctive urges
without considering right and wrong (they lack guilt)

Isaac Ray = an acknowledged American psychiatrist who popularized the concept of “moral
insanity” in his book, “A Treatise on the Medical Jurisprudence of Insanity”.
c) SOCIOLOGICAL DETERMINISM
- sociological factor refers to things, places and people with whom we come in contact
with and which play a part in determining our action and conduct. These causes may bring about
the development of criminal behavior

1) EMILE DURKHEIM
- one of the founding scholars of sociology
- published a book “Division of Social Labor”, which become a landmark work on the
organization of societies according to him:
a) crime is as normal a part of society as birth and death
b) crime is part of human nature because it has existed during periods of both poverty
and prosperity
c) as long as human differences exists which is one of the fundamental conditions of
society, it is but natural and expected that it will result to criminality
One of his profound contributions to contemporary criminology is the concept of
anomie, the breakdown of social order as a result of loss of standard and values

2) GABRIEL TARDE (1843-1904) – forerunner of modern day learning theorists,

- introduced the Theory of Imitation, which governs the process by which people become
criminals
- The Theory of Imitation is explained by the following patterns:
a) Pattern 1 : individuals imitate others in proportion to the intensity and frequency of
their contact
b) Pattern 2 : inferiors imitate superiors
c) Pattern 3 : when two behavior patterns clash, one may take place of the other

3) ADOLPHE QUETELET
- He repudiated the free will doctrine of the classicists
- He founded what is known as the CARTHOGRAPHIC SCHOOL OF CRIMINOLOGY,
together with ANDRE MICHAEL GUERRY
 - This study used social statistical data and provided important demographic information
on the population, including density, gender, religious affiliations and social economic
status
- He found a strong influence of age, sex, climate condition, population composition and
economic status in criminality

4) ENRICO FERRI
- a member of the Italian parliament
- he believe that criminals could not be held morally responsible because they did not chose to
commit crimes but was driven to commit them by conditions of their lives

SOCIOLOGICAL CONCEPTS AND CRIME CAUSATIONS

The study of sociology provides many ideas and opinions that help in understanding why
a person becomes a criminal.

SOCIAL NORMS
- Also called rules of conduct
- shared standard of behavior which in turn require certain expectations of behavior in a given
situation
- Socially accepted and expected behavior or conduct in society
- set of rules that govern an individual’s behavior and action

SOCIALIZATION
- refers to the learning process by which a person learns and internalizes the ways of society so
that he can function and become an active part of society.

CULTURE
- refers to the system of values and meanings shared by a group of individuals including the
embodiment of those values and meanings in material object
- refers to the way of life, modes of thinking, acting and feeling
- it is a design of living that is transmitted from one generation to the next

MODERN EXPLANATION OF CRIMES AND

CRIMINAL BEHAVIOR

A) SOCIAL STRUCTURE THEORY = views that disadvantage economic class position

is a primary cause of crime

1) SOCIAL DISORGANIZATION THEORY

- Focused on the conditions within the urban environment that affect crime rates
 - Links crime rate to neighborhood ecological characteristics
- Views crime ridden neighborhoods as those in which residents are uninterested in community
matters; therefore, the common sources of control – family, school, church, and barangay
authorities – are weak and disorganized
- Also called differential social organization

Shaw and Mckay = works on social ecology (environmental forces that have a direct
influence on human behavior) as influence by urban sociologist Robert Ezra Park and Ernes’t
Burgess was focused on social how their breakdown influences deviant and anti-social behavior.
He popularized social disorganization theory.

2) STRAIN THEORY
- holds that crime is a function of the conflict between the goals people have and the means they
can use to legally obtain them
- argues that the ability to obtain these goals is class dependent: members of the lower class are
unable to achieve these goals which come easily to those belonging to the upper class
- Consequently, they feel anger, frustration and resentment, referred to a STRAIN
- The commission of crimes with the aim of achieving these goals results from this conflict

3) CULTURAL DEVIANCE THEORY

- combines the elements of both strain and disorganization theories
- theories that in order to cope with social isolation and economic deprivation, members of the
lower class create an independent subculture with its own set of rules and values

Cultural transmission = the concept that conduct norms are passed down from one generation
to the next so that they become stable within the boundaries of a culture.

B) SOCIAL PROCESS THEORIES

- Social process theory = views that criminality is a function of people’s interaction with
various organization, institutions, and process in society.

1) SOCIAL LEARNING THEORY

- believes that crime is a product of learning the norms, values and behavior associated with
criminal activity.

a) DIFFERENTIAL ASSOCIATION THEORY

- Formulated by Edwin Surherland
- Believes that criminality is a function of a learning process that could affect and
individual in any culture
- His theory is outlined as follows:
 i. Criminal behavior is learned’
ii. Criminal behavior is learned in interaction with other persons in a process of
communication;
iii. The principle part of learning of criminal behavior occurs within an intimate
personal group;
iv. When criminal behavior is learned, the learning includes techniques in
committing the crimes which are sometimes very simple, the specific direction of
motives, drives, rationalization and attitudes;
v. The process of learning criminal behavior by association with criminal and anti-
criminal patterns involves all of the mechanism that are involved in any other
learning

2) SOCIAL CONTROL THEORY

- Maintains that all people have the potential to violate the law and that modern society
presents may opportunities for illegal activities
- Argues that people obey the law because behavior and passions are being controlled by
internal and external force

SOCIAL BOND THEORY (ALSO CALLED SOCIAL CONTROL THEORY)

Social bond = ties a person has to the institutions and process of society: according to
Hirchi, elements of the social bond include commitment, attachment, involvement, and
belief.

Containment theory = according to Walter Reckless, it is the idea that strong self-
image insulates a youth from the pressures and pulls of crimogenic influences in the
environment.

3) SOCIAL REACTION THEORY

- Also called LABELING THEORY
- Holds that people enter into law-violating careers when they are labeled for their acts and
organize their personalities around the labels.
- Negative labels have dramatic influence on self-image of offenders.

Criminology 2
PHILIPPINE CRIMINAL JUSTICE SYSYTEM

CRIMINAL JUSTICE SYSTEM

- The sum total of instrumentation which a society uses in the prevention and control of
crime and delinquency.
 - The machinery of the state or government which enforces the rules of conduct necessary
to protect life and property and to maintain peace and order.
- Comprises all means used to enforce these standards of conduct, which are deemed
necessary to protect individuals and to maintain general well-being of the community.

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY

PD 1293 –the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION

TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY
LEVEL
- Promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING

DISPUTES AT THE BARANGAY LEVEL

RA 7160 – otherwise as the “LOCAL GOVERNMENT CODE OF 1991

- Provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- Enacted on 10 October 1991

LUPONG TAGAPAMAYAPA
It is a body of men created to settle disputes within the barangay level. It is also referred
to as the LUPON

Composition of the Lupon

 The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and
the Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less
than ten (10) but not more than twenty (20). It shall be constituted every three (3) years.

Qualification to become member of the Lupon

Any resident of the barangay of reputable character may be appointed as member of the
Lupon. Member of the Lupon shall be appointed by the Barangay Chairman with the term
of three (3) years.

Basic function of the Lupon

Essentially, the Lupon must provide a forum for matter relevant to the amicable
settlement of disputes for the speedy resolution of disputes.

Meditation = is the process by which the Lupon chairman meets with the parties together with
their witnesses to mediate with their conflicting interest.

PANGKAT TAGAPAGKASUNDO
It shall acts as the conciliation panel. It is also referred to as the PANGKAT
It shall be composed of three (3) members chosen from the members of the Lupon.
They shall choose from among the three of them the Pangkat Chairman and Pangkat Secretary.
The pangkat shall be constituted whenever a dispute is brought before the Lupon.
The members of the Pangkat shall be chosen by the parties of the disputes from
among the Lupon members. In case of disagreement the Barangay Chairman shall draw
lots.

Matters falls under the jurisdiction of the Lupon

a) those involving offenses that are punishable by the imprisonment of one year and
below of a fine in the amount of five thousand pesos and below;
b) those involving parties, that actually reside or work in the same barangay;
c) those involving marital and family disputes;
d) those involving minor disputes between neighbors;
e) those involving real properties located in the barangay;

Venue for amicable settlement

a) disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the Lupon of said barangay;
b) those involving actual resident of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually resides;
c) all disputes involving real property or any interest shall be brought in the barangay where
the real property or the larger portion is situated;
 d) those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study shall be brought in the barangay
where such workplace or institutional is located.

PROCEDURE FOR AMICABLE SETTLEMENT

1. Who may be initiate proceeding?
Any individual who has a cause of action against another individual involving any
matters within the authority of the Lupon may complain, orally or in writing to the Lupon.

COMPLAINANT – the person who filled the complaint against the respondent.

RESPONDENT – the person who is being complained of.

CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of
another for which the latter suffers damage which affords a party to a right to judicial
intervention.

2. Upon receipt of the complaint the Chairman shall meet with the respondent and
complainant and mediate, if he falls in his mediation within fifteen (15) days he shall set a
date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputant are persuaded by the

Punong Barangay or Pangkat to amicably settle their disputes

3. The Pangkat shall meet not later than three (3) days after their constitution, on the date
set by the Chairman, to hear both parties.

4. The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its
meeting. This period may be extended for another fifteen (15) days, at the discretion of the
Pangkat.

Purpose of amicable settlement

“Because it is a pre-condition to filling of complaint in court”
“No complaint involving any matter within the authority of the Lupon shall be filled
directly in court unless there has been a confrontation between the parties before the Chairman or
the Pangkat, and that no conciliation or settlement has been reached as certified by the Secretary,
or unless the settlement has been repudiated by the parties.”

Effect of the amicable settlement

The amicable settlement shall have the force and effect of a final judgment of a court
upon the expiration of ten (10) days from the date of settlement.
FIRST PILLAR: LAW ENFORCEMENT
As the first pillar in the criminal justice system, the police is considered as the
initiator of action. Its actions and decisions essentially control or dominate the activities or
functions of the other pillars.

Brief History of the Philippine policing System

The institution of police in the Philippines formally started during the Spanish period.
The establishment of the police force was not entirely intended for crime prevention or
peacekeeping. Rather, it was created as an extension of the colonial military establishment.

Ancient Roots
The forerunner of the contemporary police system was the practice of barangay chieftains
to select able-bodied young men to protect their barangay during the night and were not required
to work in the fields during daytime.
Spanish Period
Carabineros de SeguridadPublica – organized in 1712 for the purpose of carrying the
regulations of the Department of State; this was armed and considered as the mounted police;
years discharged the duties of a port, harbor and river police

Guardrilleros – this was a body of rural police organized in each town and established by the
Royal Decree of 18 January 1836; this decree provided that 5% of the able-bodied male
inhabitants of each province were to be enlisted in this police organization for three years.

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of their work in policing towns; it consisted of a
body of Filipino policemen organized originally in each of the provincial capitals of the central
province of Luzon under the Alcalde Mayor

American Period
The American established the United States Philippine Commission headed by General
Howard Taft as its first governor general on January 9, 1901, the Metropolitan Police
Force of Manila was organized pursuant to Act No. 70 of the Taft Commission. This has
become the basis for the celebration of the anniversary of Manila’s Finest every January 9th.

Act No 175 – entitled “An Act providing for the Organization and Government of an insular
Constabulary”, enacted on July 18, 1901
Act No 255 – the act that renamed the insular constabulary into Philippine Constabulary enacted
on October 3, 1901
Executive Order 389 – ordered that the Philippines Constabulary be one of the four services of
the Armed Forces of the Philippines, enacted on December 23, 1940.

Post-American Period
RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted the Police
Commission (POLCOM) as a supervisory agency to oversee the training and professionalization
of the local police forces under the Office of the President; later POLCOM was renamed into
National Police Commission (NAPOLCOM)

Martial Law Period

PD 765 – otherwise known as the integration Act of 1975, enacted on August 8, 1975;
established the Integrated National Police (INP) composed of the Philippines Constabulary
(PC) as the nucleus and the integrated local police forces as components, under the Ministry of
national Defense.
- Transferred the NAPOLCOM from the Office of the President to the Ministry of National
Defense

Post Martial Law Regime

Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality.

Executive Order No 1040 – transferred the administrative control and supervision of the INP
from the Ministry of National Defense to the National police Commission.

RA 6975 – otherwise known as the Department of the interior and local Government Act of
1990, enacted on December 13, 1990; reorganized the DILG and established the Philippine
National Police, Bureau of Fire protection, Bureau of Jail Management and Penology and the
Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization
Act of 1998, enacted on February 25, 1998; this law amended certain provision of RA 6975
R.A. 9708 =

PHILIPPINE NATIONAL POLICE

- Organized pursuant to RA 6975, as amended by RA 8551
- A law enforcement agency under the operational control of the Department of the Interior
and Local Government and administrative supervision of the National Police
Commission
- It is an organization that is national in scope and civilian in character
- Headed by the Chief, PNP, with the rank of Director General
OBJECTIVE OF LAW ENFORCEMENT/POLICE
1) Crime prevention – the prevention and suppression of crimes have traditionally been
accepted as the primary goal of the local police forces
2) Criminal apprehension – it is a police responsibility to identity, locate, and apprehend
offenders.
3) Law enforcement – it is the basic responsibility of the police to enforce the law.
4) Order maintenance – one of the most troublesome responsibilities of the police.
5) Public service – because the police is the most visible symbol of authority, they are
called upon to assist in situation like location of lost persons or properties, to provide
VIP, bank and funeral escorts and other similar duties.
6) Traffic regulation and motor accident investigation –
The police are excepted to ensure road safety for both pedestrians and motorists and
assist in cases of road accident and emergencies.

SECOND PILLAR: PROSECUTION

PROSECUTON
- The course of action or process whereby accusation are brought before a court of justice
to determine the innocence or guilt of the accused
- In a criminal action, it is a proceeding instituted and carried on by due course of law
before a competent tribunal, for the purpose of determining the guilt or innocence of a
person charged with a crime
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
- One who prosecute another for a crime in the name of the government; one who
investigates the prosecution upon which an accused is arrested; one who prepares an
accusation against the party whom he suspect to be guilty
- An officer of the government whose function is the prosecution of criminal actions or
suits partaking of the nature of criminal actions

DUTIES OF A PROSECUTOR
1) To conduct preliminary investigation:
2) To make proper recommendation during the inquest of the case referred to them by the
police after investigation of the suspect;
3) To represent the government or state during the prosecution of the case against the
accused

NATIONAL PROSECUTION SERVICE (NPS)

- The principal prosecutory arm of the government
- Its primary task is to investigate and prosecute all criminal offenses defined and
penalized under the Revised Penal Code and other special laws
 - Composed of the Office of the Chief State Prosecutor, the Regional State Prosecution
Offices and the Provincial and City Prosecution Office
- Under the general supervision and control of the Secretary of the Department of Justice
- The Chief State Prosecutor is the head of the Prosecutorial Staff

PRELIMINARY INVESTIGATION
- An inquiry or proceeding to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably
guilty thereof
- It is requires to be conducted before the filling of the information for an offense where
the penalty prescribed by law is at least four years, two months and one day

PROBABLE CAUSE
- The existence of such facts and circumstances as would excited a belief in a reasonable
mind, acting on the facts within the knowledge of the prosecutor, that the person is guilty
of the crime for which he is prosecuted
- Such facts and circumstances which would lead a reasonably discreet and prudent man to
believe that an offense has been committed by the person sought to be arrested

Pleading = refers to written allegation of the parties to the case

= are the written statement of the respective claims and defenses of the parties submitted to the
court for appropriate judgment (Rule 6, sec 1, RC)

COMPLAINT
- A sworn, written statement charging a person with as offense, subscribed by the offended
party, any peace officer or other public officers, charged with the enforcement of the law
- It may be filled either before the prosecutor’s office or the court

INFORMATION
- An accusation in writing charging a person with an offense subscribed by the fiscal and
filed with the court

OFFENDED PARTY
- The person against whom or against whose property the crime was committed

PEACE OFFICERS
- Officers directly charged with the preservation of peace, law and order
- Includes members of the Philippines National Police

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION (PNO’[s)

 1) Provincial or city prosecutor and their assistants (PCP)
2) Judges of the municipal trial courts and municipal circuit trial courts (No longer
allowed)
3) National and regional state prosecutors (NRSP)
4) Other officers as may be authorized by law:
a) Tanodbayan’s special persecutors as authorized by the Ombudsman
b) COMELEC’s authorized legal officers in connection with election offenses
c) Special prosecutors appointed by the Secretary of Justice

PROCEDURE OF PRILIMINARY INVESTIGATION

1) There must be a complaint accompanied by the affidavit of the complaint and his
witnesses as well as other supporting documents to establish probable cause.
2) The investigating prosecutor shall either dismiss the case or issue a subpoena to the
respondent within ten (10) days after filling of the complaint.
3) The respondent shall submit his counter-affidavit and that of his witnesses within ten (10)
days from receipt of the subpoena. If the respondent cannot be subpoena or if he failed to
submit his counter-affidavit within the prescribe period, the investigating prosecutor shall
resolve the complaint based on the evidence presented by the complainant.
4) The investigating prosecutor may set a hearing if there are facts or issues to be clarified.
The hearing shall be held within ten (10) days from the submission of the counter-
affidavit, or from the expiration of the period of submission. Such hearing shall be
terminated within five (5) days.
5) Within ten (10) days after the investigation, the investigating prosecutor shall determine
whether or not there is sufficient ground to hold the respondent for trial. The fermentation
of the hearing shall be the end of the investigation.
6) If the investigating prosecutor finds cause to hold the respondent for trial he shall prepare
the resolution and information. He shall forward the record of the case to the provincial
or city prosecutor or chief state prosecutor within five (5) days his resolution.

If the investigating prosecutor recommends dismissal of the case, the same procedure
shall apply.
The provincial, city or chief state prosecutor shall act on the resolution within ten (10)
days from receipt and shall immediately inform the parties of such action.
No complaint or information may be filed or dismissed by the investigating prosecutor
without prior written authority or approval of the provincial or city or chief state
prosecutor.

7) If the investigating prosecutor recommends the filing of the case but the provincial, city
or chief state prosecutor disapproves and wants the case dismissed, the provincial, city or
 chief state prosecutor may dismiss the case without need for another preliminary
investigation.

If the investigating prosecutor recommends dismissal of the case but the provincial, city
or chief state prosecutor finds probable cause, the provincial, city or chief state
prosecutor may file the information with the court without the need for preliminary
investigation.

8) In case either party is not satisfied with findings of the provincial, city or chief state
prosecutor, he may submit his petition with the Secretary of Justice.

The Secretary of Justice has the power to modify the resolution of the provincial, city of
chief state prosecutor. The Secretary may affirm or reverse the resolution of the
provincial, city or chief state prosecutor without conducting another preliminary
investigation.

THIRD PLLAR: COURTS

COURT
- 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 for the
administration of justice.
JUDICIARY
- That branch of the government which is vested with judicial power.
- That branch of the government which is empowered to interpret, construe and apply the
laws
JUDICIAL POWER
- The power to apply the laws to contest or disputes concerning legally recognized right or
duties of and between the state and the private persons or between individual litigants in
case properly brought before the judicial tribunals.
- Vested in one Supreme Court and in such lower courts.
POWER OF JUDICIAL REVIEW
- The power of the Supreme Court to determine whether laws passed by Congress and acts
to the President are in accord with the Constitution when the matter is raised.
JUDGE
- A public officer so named in his commission and appointed to preside over and to
administer the law in a court of justice
JURISDICTION
- The power and authority of court to hear , try and decide cases

KINDS OF JURISDICTION
 1) General – when the court is empowered to decide all disputes which may come before it
except those assigned to other courts.
2) Limited – when the court has authority to hear and determine only a few specified cases.
3) Original – when the court can try and hear a case presented for the first time
4) Appellate – when the court can try a case already heard and decided by a lower court,
removed from the latter by appeal.
5) Exclusive – when the court can try and decide a case which cannot be presented before
any other court.
6) Concurrent – when any of two or more courts may take cognizance of a case.

BP 129 = otherwise known as the Judiciary Reorganization Act of 1980

ORGANIZATION AND JURISDICTION OF THE

COURTS
SUPREME COURT
- Composed of a Chef Justice and 14 Associate Justices
- Shall have administrative supervision over all courts
- Shall have the power to discipline judges of the lower courts
- Shall have appellate jurisdiction over cases decided by the Court of Appeals
- Shall have the power of judicial review

COURT OF APPEALS
- Headed by a Presiding Justice
- Has appellate jurisdiction over cases decided by the RTC

REGIONAL TRIAL COURTS

- Presided by a Regional Judge
- Has general jurisdiction over criminal case
- Has jurisdiction over offense punishable with imprisonment of six years one day and over
- Has appellate jurisdiction over cases decided by the MTC and MCTC

METROPOLITAN, MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL

COURT
- Has jurisdiction over violation of city or municipal ordinances, and offenses punishable
by imprisonment not exceeding six years.
SPECIAL COURTS
1) COURT OF TAX APPEALS
- Created under RA 1125
- Composed of three (3) judges
 - Has exclusive appellate jurisdiction to review on appeal decisions of the Commissioner
of the Bureau of Internal Revenue involving internal revenue taxes and decisions of the
Commissioner of the Bureau of Customs involving customs duties
2) SANDIGANBAYAN
- Created pursuant to PD 1606
- Composed of fifteen (15) Justice
- Tasked to handle criminal cases involving graft and corruption and other offenses
committed by high-ranking public officers and employees in connection with the
performance of their functions
3) SHARIA COURTS
- Crated pursuant to PD 1083, otherwise known as the “Code of Muslim Personal Laws
of the Philippines”
- Created as part of the judicial system
- Courts of limited jurisdiction known as the Sharia District Court are presided by District
Judges
- Sharia circuit trial courts, are presided by circuit judges

DECISION
- The judgment rendered by a court of justice or other competent tribunals

JUDGEMENT
- The adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition of the proper penalty and civil liability
- It must be written in the official language, personally and directly prepared by the judges
and subscribed by him
- Shall contain clearly and distinctly a statement of the facts and the law upon which it is
based

CONTENTS OF JUDGEMENT
1) JUDGMENT OF CONVICTION
- When the judges finds the accused guilty of the charges against him
- The legal qualification of the offense constituted by the acts committed by the accused
and the aggravating or mitigating circumstances which attended its commission
- The participation of the accused in the offense, whether as principal, accomplice or
accessory after the fact
- The penalty imposed upon the accused
- The civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party unless the enforcement of the civil liability by a
separate civil action has been reserved or waived.
 2) JUDGEMENT OF ACQUITAL
- When the judge finds the accused not guilty of the charges against him.
- Shall state whether the evidence of the prosecution absolutely failed to prove the guilt
of the accused or merely failed to prove his guilt beyond reasonable doubt

Rendition of Judgment = the writing of the judgment by the judge

PROMULGATION OF JUDGEMENT
- By reading in the presence of the accused and any judge of the court which it was
rendered
- If the judge is absent, the judgment may be promulgated by the clerk of court

FOURTH: CORRECTION
Correction = is that branch of administration of criminal justice charged with the responsibility
for the custody, supervision and rehabilitation of convicted offenders.
Penology = a branch of criminology which deals with the treatments; management and
administration of inmates.
Penalty = the suffering that is inflicted by the state for the transgression of the law.

Theories Justifying penalty

Prevention = the state punish the criminal to prevent or suppress the danger to the state and to
the public arising from the criminal acts of the offender.
Self-Defense – the State punishes the criminal as a measure of self-defense to protect the society
from the threat and wrong inflicted by the criminal
Reformation – the State punishes the criminal to help reform or be rehabilitated
Exemplarity – the State punishes the criminal to serve as an example to other and discourage
other from committing crimes
Justice = the State punish the criminal as a act of retributive justice a vindication of absolute
right and moral law violated by the criminal.

Judicial Condition of Penalty

Judicial and legal - penalty must be imposed by the proper authority and by virtue of a
judgment as prescribed by law.
Definite - penalty must be specific and exact
Commensurate – penalty must be proportional to the gravity or seriousness of the crime
committed.
Personal – penalty must be imposed only to the person who actually committed the crime with
substitutes.
Equal – penalty must be applied to all who committed the offense.
Prison law – basic law in the Philippines Prison System found in the Revised Administrative
Code.
Philippines Prison System – patterned after the US federation Prison System
P.D. 29 – the law that classified prisoners
Classification of prisoner
1) According to Sentence/place of confinement.
a. National or Insular Prisoner – one who is sentenced to serve a prison term of three
years and one day to death.
b. Provincial Prisoners – one who is sentenced to serve a prison term of six months and
one day to three years.
c. City Prisoners – one who is sentenced to serve a prison term of one day to there years.
d. Municipal Prisoner –one who is sentence to serve a prison term of one day to six
months.

2) According to fine:
a. National or Insular – one who is sentenced to serve a prison term of three years and
one day to death or whose fine is more than 6,000.00 or both
b. City/Provincial prisoner – one who is sentenced to serve a prison term of six months
and one day to three years or whose fine is less than P6,000.00 but more than P200.00
, or both.
c. Municipal prisoner – one who is sentenced to serve a prison term of one day to six
months or whose fine is not more than P200.00 or both.

3) According to Status
a. Detention prisoners – those held for security reasons, investigating; those
awaiting or undergoing trial and awaiting judgment.
b. Sentence prisoner – those convicted by final judgment and serving their
sentence.

Prison – institutions for confinement of convicted offenders sentenced to more than three (3)
years of imprisonment.
- derived from the Greco-Roman word “presidio”
- administered by the National Government under the Bureau of Corrections.
-also called national prisons and also includes the penal colonies and penal farms.

Jails – institutions for confinement of convicted offenders sentenced to imprisonment of three

(3) years or less.
Institution for the confinement of those still undergoing trial or awaiting judgment.
Derived from the Spanish word “jaula” and “caula”

Provincial jails are administered and supervised by their respective provincial governor.
 City and municipal jails are administered and supervised by the Bureau of jail
Management and Penology.

Executive Clemency = collective term for absolute pardon, conditional pardon, and
commutation of sentence.
= granted by the chief Executive Officer (President of the Philippines).

KINDS OF EXECUTIVE CLEMENCY

1. Pardon – an act of grace proceeding from the power entrusted with the execution of the laws
which exempts the individual on whom it is bestowed from the punishment the law inflicts for
crime he has committed.
- granted by the President after conviction by final judgment.
- extinguishes only criminal liability but not the civil liability

Kinds of Pardon:
a. Absolute pardon – the extinction of the criminal liability of the individual to when it
is granted without any condition and restores to the individual his civil rights.
b. Conditional Pardon – the extinction of the criminal liability of an individual from the
punishment which the law inflicts for the offense he has committed within certain limits or
conditions.
2. Commutation of Sentence – reduction of the sentence from a heavier sentence to a less
serious one, or from longer prison term to a shorter one.
- convicted offenders may only be granted commutation of sentence as provided by law.
3. Amnesty – an act of sovereign power granting oblivion or general pardon for the past offense,
usually granted in favor of certain classes of persons who have committed crimes of political
character, such as treason or rebellion.
4. Commutation of sentence – reducing the period of imprisonment into shorter period.
5. Reprieve – temporary suspension of the execution of sentence.

Parole – a method by which a prisoner who has served a portion of his sentence is conditionally
released but remains in legal custody, the condition being that in case of misbehavior, he shall
put back to prison.
- granted to convicted offender who have served a portion of their sentence as provided
by law granted by the Board of Pardons and Parole.

Criminology 3
Ethics and values

I. Definition
The word ethics was derived from the Late Latin ”ethnicus”, from Greek “Ethnikos”
 Which means “national”, which means nations, people; akin to Greek “ethos” custom
(Webster’s New Explorer Encyclopedic Dictionary, 2006).
Ethics based on its etymological meaning is taken to mean as a philosophical
science that deals with the morality of human conduct or human acts (Babor, Ethics,
2008).
Ethics is the practical science of the morality of human conduct (Glenn, Ethics).

II. Nature/Concept of Ethics

a. It is a division of Philosophy under the Normative Philosophy
Generally, Philosophy can be divided into four disciplines: (1) descriptive or speculative,
(2) normative, (3) practical, and (4) critical. Ethics is more concerned of Normative Philosophy
since it is more concerned on what is good or bad? Or what is right action and wrong action?
b. It is a Practical Science
Ethics is also a science for it is the result of series of studies, a systematized body of data
reflected upon truth in relation to action. Towards this discovery of truth, sets of implied rules or
directions for thought or action are established this makes the ethics more of a practical science.
c. It focus on Human Acts
Human acts are the material object of the study of ethics. It shall mean only those acts
which are determined by the free will. It is characterized as acts done deliberately, freely or
voluntarily. Acts which are done by man but without the use of the power of free choice are act
of human. Therefore, acts of man are not human acts.
d. it is the science of the morality of human
acts
Ethics does not end with the study of human acts, if human act is the material object of
the study of ethics its formal object is the rectitude (right morality) of human acts. Human acts
may either be in agreement or disagreement with the dictates of reason. Hence Ethics deals with
the morality of human conduct it is what makes us humans as differentiated from other living
creatures in their ways of living.

III. Division of Ethics

Ethics has two major divisions: the general Ethics and Special Ethics. General ethics presents
the general principles of morality of human acts while Special ethics provides for the
application of the principles of general ethics to particular department of human activity,
individual or social.

IV. Human Acts

A. Definition:
Human act is an act which proceeds from the deliberate any sort of activity, internal or
external, physical or spiritual, performed by human being. However, as used in this text, it shall
be limited to those human acts which are proper to man as man.
B. Classification of Human Acts
Human acts may be classified either in relation to the will or in relation to reason:
1. Human Acts in relation to the will:
a) Elicited acts are those human acts that are complete or adequate cause, they begin and
perfected in the human will itself such as wish, intention, consent, election, and other.
Just like when a student decided to go to work with his assignment before going to plays
with his friends his intention is a simple will-act (elicited act).
b) Commanded acts are those are done in relation to the dictates of reason. They begin in
the will but are perfected by other faculties under the control of the will. Thus, when a
student decided to work first with his assignment before playing with his friends gets his
books and notebooks and works with his assignment is an example of a commanded act.
2. Human acts in relation to reason:
MORALITY
= the quality which makes an act good or evil, right or wrong.

HUMAN ACTS
Actions that are done knowingly, deliberately and freely.

BASES OF MORALITY
1) SOCIAL NORMS – unwritten standard of acceptable behavior in society
a) Customs
b) Tradition – the handling down from generation to generation of opinions and
practices.
c) Culture-
2) LAWS OF SOCIETY – written rules of behavior
a) Laws created by men to maintain harmony and order
3) RELIGION – a system of beliefs and practices based on faith and truths revealed to man
by God
4) CONSCIECE – the practical judgment of reason telling us what should be done and
what should be avoided; reflection is one’s character
CHARACTER
- refers to the traits of a person shown through his thoughts, action, values and virtues
“Character is what you do when nobody’s looking.”
- Anonymous
VALUE/S
- refer to anything that a person considers important, such as idea or experiences
-These are one’s belief, principles, that are important, cherished, upheld and defended
- they affect and influence how one thinks and feel, what one perceives, shape one’s goals,
objectives and aspirations
-These dictate one’s lifestyle and life’s choices and decisions
 VIRTUE/S
- The habit of doing what is good or right
- The opposite of which is vice
FOUR (4) MORAL/CARDINAL VIRTUES
1) PRUDENCE
- The ability to make decision by means of reason and sound judgment
- the virtue that attracts the intellect to choose the most effective means for accomplishing
what is good and avoiding what is evil.

2) FORTITUDE
- Firmness of mind; the courage to endure without yielding the virtue that gives a person
strength of the will; the virtue that incites courage
Examples of Fortitude:
a) PATIENCE
- The ability to be calm in enduring situations
b) PERSERVERANCE
- The ability to go on despite obstacles
c) ENDURANCE
- The ability to last

3) TEMPERANCE
- The ability to moderate one’s instincts and emotions; the virtue that regulates a person’s wants;
also means self-control
4) JUSTICE
- The virtue that inclines the will to give to each what is due to him; the virtue that inclines the
will to respect the rights of others
MAENING OF JUSTICE
1) “To render to each his due”
2) “Treat equals equally and unequal unequally in proportion to their inequality”
THREE (3) DIVISION OF JUSTICE
1) COMMUTATIVE JUSTICE
-regulates those actions that involve the rights that exist between individuals
-calls for fundamental fairness in all agreement and exchanges between individuals or
private social groups
-demands respect for the equal human dignity of all persons in economic transaction
contract or promises
Examples:
Workers owe their employers diligent work in exchange for their wages.
Likewise, employers owe their workers payment for work done.
2) DISTRIBUTIVE JUSTICE
-regulates those actions that involve the rights that an individual may claim from society
 -concerned with the fair allocation of resources among diverse members of a community
-implies that society has a duty to the individuals in serious need and all individuals have
duties to others in need
-basis for the saying:
“Those who have less in life should have more in law.”
“From those to whom much is given, much is expected.”
3) LEGAL JUSTICE
-regulates those actions which society may justly require of the individual for the common good
-according to legal justice, the State may institute just laws and perform such acts to further the
welfare of the community
-thus, laws are created to protect the citizens
RIGHT
-anything that is owed or due
-something to which a person has a just and lawful claim
-anything that a person can lawfully demand

HUMAN RIGHTS
-rights pertaining to the rights of man; rights inherent to human by virtue of being a human being
-are the supreme, inherent and inalienable rights to life, dignity and to self-development
Supreme rights
= highest form of rights
Inherent rights
= rights attached to men as human
Inalienable rights
= rights that cannot be transferred, cannot be borrowed and cannot be taken away.

BASIC HUMAN RIGHTS

1) RIGHT TO LIFE
Exceptions:
-self-defense
-death under exceptional circumstances
-death penalty
2) RIGHT TO LIBERTY
Exceptions: circumstances of warrantless search by virtue of court order
BILL OF RIGHTS
-a list of individual liberties, freedom and rights which are guaranteed and protected under
Article lll of the 1987 Philippine Constitution
-protection of individuals against abuses of the state
-protection of the rights of an accused

SPECIAL ETHICS
- the study of the application of the general principles of morality
PROFESSIONAL ETHICS
-a sub-branch of special ethics
-a set of moral code to which every profession must subscribe
-aims to guide the actuations of the professional in the practice of his profession
Examples of professional ethics
1) Medical ethics
2) Business ethics
3) Legal ethics
4) Code of ethics of teachers
5) Code of ethics of public officials
6) POLICE ETHICS
POLICE ETHICS
-a practical science that treats the principles of human morality and duty as applied to law
enforcement

PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT AND

ETHICAL STANDEARDS

BRIEF HISTORICAL BACKGROUND ON THE PNP CODE OF PROFESSIONAL

CONDUCT AND ETHICAL STANDARDS
According to Section 37 of RA 6975. “There shall be established a performance
evaluation system which shall be administered in accordance with the rules, regulations and
standards, and a CODE OF CONDUCT promulgated by the Commission for members of the
PNP…”
NAPOLCOM RESOLUTION NO 92-4
-the resolution issued by the NAPOLCOM approving the draft of the PNP Code of Professional
Conduct and Ethical standards by the PNP
-approved on 12 March 1992

PURPOSE OF THE CODE

1)To foster individual efficiency, behavioraldiscipline and organizational effectiveness, as well
as respect for constitutional and human rights of citizens, democratic principles and ideals and
the supremacy of civilian authority over the military;
2) To set the moral tone and norms of professional conduct in the police service;
3) To provide moral and ethical guidance to all PNP members; and
4) To enlighten members of the police service of what behavior is really acceptable – to
defines“what is permitted and what is prohibited.”

LAWS RELATED TO THE PNP CODE OF PROFESSIONAL CONDUCT AND

ETHICAL STANDARDS
1) RA 3019 – the Anti-Graft and Corrupt Practices Act
2) RA 6713 – Code of Conduct and Ethical Standard for Public Officials and Employees
3) RA 7080 – Anti Plunder Act
4) People’s Law Enforcement Board (PLEB) Rules and Regulation

Definition of terms
NEGLECTS OF DUTY OR NON-FEASANCE
-the omission or refusal, without sufficient excuse, to perform an act or duty, which it was
the peace officer’s legal obligation to perform; it implies a duty as well as its breach and the
fact can never be found in the absence of duty.
IRREGULARITIES IN THE PERFORMANCE OF DUTY OR MISFEASNCE
-the doing, either through ignorance, inattention or malice, of that which the officer had no
legal right to do at all, as where he acts without any authority whatsoever, or exceeds,
ignores, or abuses his powers
-generally means wrongful, improper or unlawful conduct, motivated by premeditated,
obstinate or intentional purpose
-usually refers to transgressions of some established and definite rules of actions.
INCOMPETENCY
-the manifest lack of adequate ability and fitness for the satisfactory performance of police
duties
-has references to any physical, moral or intellectual quality the lack of which substantially
incapacitated one perform his duties
OPPRESSION
-an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority
DIALOYALTY TO THE GOVERNMENT
-consists of abandonment or renunciation of one’s loyalty to the Government of the
Philippines, or advocating the overthrow of the government
VIOLATION OF LAW
-presupposes conviction in court of any crime or offense penalized under the Revised Penal
Code or any special law or ordinance
GOVERNMENT
-includes the national government, the local governments, the government-owned and –
controlled corporations, and all other instrumentalities or agencies of the Republic of the
Philippines

PUBLIC OFFICER
-includes elective and appointive officials and employees, permanent or temporary, whether
in the classified or unclassified or exempt service receiving compensation, from the
government.
GRAFT
-the acquisition of gain or advantage by dishonest, unfair or sordid means, especially through
the abuse of one’s position or influence in politics or government
CORRUPTION
-an act done with an intent to give some advantage inconsistent with official duty and the
rights of others.
-the state of making something or someone other than what is ideal.
BRIBERY
-the act of receiving gifts or presents or accepting offers and or promises in exchange for
committing a crime that relates to the exercise of the office which the public officer
discharges.
DISHONESTY
-concealment or distortion of truth in matter of fact relevant to one’s office or connected with
the performance of his duties
COMMAND
-the authority a person lawfully exercises over subordinates by virtue of rank or assignment
or position
RESPONSIBILITY
-the obligation to perform one’s duties and functions and his accountability for his actions
COMMAND RESPONSIBILITY
-the doctrine that imposes commensurate accountability to one who is vested with authority
to exercise management and/or leadership functions
LAW ENFORCEMENT CODE OF ETHICS
-as a law enforcement officer, my fundamental duty is to serve mankind; to safeguard life
and property; to protect the innocent against deception; weak against oppression or
intimidation; and the peaceful against violence or disorder; and to respect the constitutional
rights of all men, to liberty, equality and justice
I will keep my private life unsullied as an example to all; maintain courageous calm in the
face of danger; scorn or ridicule; develop self-restraint and be constantly mindful of the
welfare of others. Honest in thought and deed in both my personal and official life, will be
exemplary in obeying the laws of the land and regulations of my organization. Whatever I
see or hear of a confidential nature or that is confided to me in my official capacity will be
kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officially or permit personal feelings, prejudices, animosities or friendship to
influence my decision, with no compromise for crime and with relentless prosecution of
criminals. I will enforce the law courteously and appropriately without fear of favor, malice
or ill-will, never employing unnecessary force gratuities in return.
I recognize the badge of my office as a symbol of public faith and I accept it as a public trust
to be held so long as I am true to the ethics of police service. I will never engage in acts of
corruption or bribery, nor will I condone such acts by other police officers. I will
cooperate with all legally authorized agencies and their representatives in the pursuit of
justice.
I know that I alone am responsible for my own standard of professional performance and will
take every reasonable opportunity to enhance and improve my level of knowledge and
competence. I will constantly strive to achieve these objectives and ideals, dedicating myself
before God to my chosen profession… law enforcement

CANONS OF POLICE ETHICS

1) Primordial Police Responsibility
2) Limitation of Police Authority
3) Knowledge of the Law and other Responsibilities
4) Use of Proper Means to Obtain Proper Ends
5) Cooperation with Public Officials
6) Proper Conduct and Behavior
7) Conduct Towards the Community
8) Conduct in Arresting Law Violators
9) Firmness in Refusing Gifts
10) Impartial Presentation of Evidence
11) Attitude Towards Police Profession

Primordial Police Responsibility

-the primary responsibility of the police is CRIME PREVENTION
Limitation of Police Authority
-laws set limits to the authority of the police in the performance of their functions
-police officers are not exempted from obeying the law they are enforcing
Knowledge of the law and other Responsibilities
-police officers must know and understand the laws they are enforcing
-police officers must know the relationship of the PNP with other law enforcement agencies
Use of Proper Means to obtain Ends
Means = ways; manner
Ends = goals; objectives
-police officers must use lawful methods in performing their official duties and functions
Proper Conduct and Behavior
-police officer must be careful with what they say and what do at all times, whether in their
personal lives or official capacity
Conducting in Arresting Law Violators
-police officer must always abide by the rules and prescribed procedures in making lawful
arrests
Firmness is Refusing Gifts or Favors
-police officers must NEVER ASK for and NEVER ACCEPT, gifts or favors in exchange for
their help or assistance to avoid misinterpretation
 Impartial Presentation of Evidence
Impartial = fair
-police officers must present all evidence whether the evidence proves the innocence or guilt
of the suspect
Attitude Toward Police Profession
-police officers must have a high regards and respect for the police profession
-police officers must strive to improve their knowledge and skill in order to serve the
community the best possible way they can

PROFESSIONAL POLICE PRINCIPLES

1) Prevention of Crime and Disorder
2) Cooperation of the Community
3) Unreasonable Force reduce Community Cooperation
4) Use of reasonable Force when Persuasion is not Sufficient
5) Impartial Enforcement of Laws
6) The community are Police
7) Police should not Judicial Power
8) Rules of Engagement Impartially Observed
9) Reduction of crime and Disorder
10) Police Discretion

Prevention of Crime and Disorder

-it is the primordial responsibility of the police
-it is the primary objective of the police organization
Cooperation of the Community
-the ability of the police to perform their duty is dependent upon community support
-the police must secure the respect and trust of the community in order to gain their support
Unreasonable Force Reduce Community Cooperation
-police officers must not abuse their authority because it affects the attitude and opinions of the
community towards them, which in turn affects their desire to cooperate
Use of Reasonable Forces when Persuasion is not Sufficient
-police officers are not allowed to use force when dialogue is no longer effective, but the kind or
degree of force must be REASONABLE
Impartial Enforcement of Laws
-police officers must enforce the law equally to all persons, without regard to social status
-the law should apply to all

Police should not Usurp Judicial Power

Usurp = take on, assumes
Judicial power = the authority to judge and impose penalty
-police officers have no authority to decide if the suspect is guilty or not, and cannot impose the
penalty that they want
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 presence and action in dealing with the community
Rules of Engagement Impartially Observed
-police officers must always abide by the prescribed procedures in conducting police operations
ABUSE OF DISCRETION
-the use of discretion in such a way as to deprived a person of his right
-police officers must NEVER ABUSE POLICE DISCRETION granted to them
POLICE DISCRETION
-the act or the liberty to decide according to the principles of justice and the police officer’s ideas
of what is right and proper under the circumstances

PNP core values

1) Love of God
2) Respect for Authority
3) Selfless Love and Service to people
4) Sanctity of marriage and Respect for Women
5) Responsible Dominion and Stewardship over Material Things
6) Truthfulness

POLICE OFFICER’S CREED

I believe in God, the Supreme Being, a Great Provider, and the Creator of all men and
everything dear to me. In return, I cannot less than love him above all, seek His guidance in the
performance of my sworn duties and honor Him at all times.
I believe that respect for authority is a duty. I respect and uphold the constitution, the
laws of the land and the applicable rules and regulations. I recognize the legitimacy and authority
of the leadership, and follow and obey legal order of my superior officers.
I believe in selfless love and service to people. Towards this end, I commit myself to the
service of my fellowmen over and above mu personal convenience.
I believe in the sanctity of marriage and respect for women. I shall set example of
decency and morality and shall have high regard for family life and chastity.
I believe in responsible dominion and stewardship over material things. I shall inhibit
myself from ostentatious display of my property. I shall protect the environment and conserve
nature to maintain ecological balance. I shall respect private and public properties and prevent
others from destroying them.
I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the truth
at all times as required by the profession.

PNP STAND ON BASIC ISSUES

1) PNP Image – PNP members shall possess the following virtues:
a) HONOR
b) INTEGRITY
c) VALOR
d) JUSTICE
e) HONESTY
f) HUMILITY
g) CHARITY
h) LOYALTY TO SERVICE
2) Career Management: the Key in professionalism
3) Police Management Leadership
4) Delicadeza
5) Equality in the Service
6) Police Lifestyle
7) Political Patronage
8) Human Rights

Career management, the Key to Professionalism

-the PNP recognizes the need to have proper and strict policies regarding recruitment, training,
assignment5, promotion, awards, discipline and retirement to ensure sound administration and to
took after the welfare of its members
Police Management Leadership
-the effectiveness of law enforcement is reflective of the management capabilities and women
who run the PNP organization
Equality in the Service
All police officers shall have equal opportunities for improvement and career
advancement based on merit

Delicadeza
-sense of pride and self-worth
-police officers must be able to sacrifice self interest in the name of duty
-police officers must not do anything that would bring dishonor to himself and to the PNP
organization itself.

Police Patronage
-police officers must NEVER ASK for recommendation from public officials in matters
pertaining to promotion, assignment, awards and others

POLICE PROFESSIONAL CONDUCT

1) Commitment to Democracy
2) Commitment to Public Interest
 3) Non-partisanship
4) Physical Fitness and Health
5) Secrecy Discipline
6) Social Awareness
7) Proper Care and use of Public Property
8) Non-Solicitation of Patronage
9) Respect for Human Rights
10) Devotion to Duty
11) Conservation of Natural Resources
12) Discipline
13) Loyalty
14) Obedience to Superior
15) Command Responsibility
Commitment to democracy
-police officers must never forget that they are public servants and they must at all times uphold
the Constitution and be loyal to the country the people and the PNP organization
Commitment to Public Interest
Public interest = for the good of the people or community
-police officers must always uphold public interest over and above personal interests
-police officers must respect the facts that their resources are funded by taxpayers money and
should therefore be used wisely and economically to avoid wastage of public funds
Non-Partisanship
-police officers must not be identified with any particular political party or figure
-they must extend their assistance to all regardless of party affiliation
Secrecy Discipline
-police officers must guard the confidentiality of all official to the official function of the police
organization
-disclosure must always be authorized
Devotion to Duty
-police officers must perform their duties with dedication, thoroughness, efficiency, enthusiasm,
determination and manifest concern for public welfare
Discipline
-police officers must act and behave according to the rules and regulations of the organization at
all times
Loyalty
-police officers must be loyal to the Constitution and to the police service, as manifested by their
loyalty to their superior peer and subordinates
Obedience to Superior
-police officers must obey lawful order of their superiors
-police officers must always be courteous to superior and other appropriate authorities within the
cahin of command
POLICE ETHICAL SATNDARD
ETHICAL STANDARDS
-refers to established and generally accepted moral values and ethical acts
1) Morality
2) Judicious Use of Authority
3) Justice
4) Humility
5) Orderliness
6) Perseverance
7) Integrity

Morality
-police officers must adhere to high standard of morality and decency and shall set good
examples for other to follow
-they must not be involved with illegal activities
-they shall be loyal to their spouses
Judicious Use of Authority
Judicious = wise; proper
-police officers must exercise proper and legitimate use of authority in the performance of duty
Integrity
-police officers must not allow themselves to be victims of corruption and dishonest practices in
accordance with applicable laws
Humility
-police officers must never forget that they are public servants and not master of the people
-they should perform their duties without arrogance
Orderliness
-police officers must follow logical procedures in accomplishing tasks to minimize waste of
time, money, effort, and other resources
Perseverance
-police officers must exert all effort to achieve their goal or mission even in the face of
difficulties and obstacles

POLICE CUSTOMSA AND TRADITIONS

CUSTOMS
-rules conduct formed by repetition of acts uniformly practiced as social rules
-establishing usage or social practices carried on by tradition that have obtained the force of law

POLICE CUSTOM ON COURTESY

COURTESY
-a manifestation or expressions of consideration and respect
SALUTE
-the usual greeting rendered by uniformed members in recognizing persons entitled to a salute
SALUTE TO NATIONAL COLOR AND STANDARD
-refers to the Philippines Flag
ADRESS OR TITLE
-PNP members who are junior in rank must address senior member’s wit SIR OR MA’AM
COURTESY CALL
-when a police officers appears before a superior officer as a sign of respect and in
acknowledgment of the latter’s authority or position
COURTESY CALL
1) Courtesy call of newly-assigned or newly-appointed members
2) Christmas Call
3) New Year’s Call
4) Promotion Call
5) Exit Call
6) Courtesy of the Post
Police customs on ceremonies
CEREMONY
-a format act or set of formal acts established by customs or authority as proper for special
occasions
1) Flag Raising Ceremony
2) Flag Retreat Ceremony
3) Half-Mast
4) Funeral service and Honors
5) Ceremony Tendered to Retiree
6) Honor ceremony
7) Turn-Over Ceremony
8) Wedding Ceremony
9) Anniversary
POLICE CUSTOMSA ON SOCIAL DECORUM
SOCIAL DECORUM
-a set of norms and standard practiced by police officers during social and other factions
1) Proper Attire
-wearing of prescribed uniform
-wearing, as part of uniform, awards and decorations earned in accordance with the prescribed
rules and regulations
-adherence to haircut prescribed by rules and regulations
-manner of walking: police officers are expected to walk with pride and dignity
Other police customs
1) Visiting the Sick
2) Survivor Assistance to Heirs of Deceased Members
3) Visiting Religious Leaders
 4) Athletics
5) Happy Hour
Informal get-together at the PNP Club
-usually on Friday, or any other day suitable
for the occasion
RANK-HAS-ITS-OWN-PRIVILAGE
-the practice where different ranks carry with them corresponding privileges
POLICE TRADITIONS
1) Spiritual beliefs PNP member are traditionally religious and God-loving person
2) Valor = courage or bravery
3) Patriotism = love of one’s country
4) Discipline = instinctive obedience to lawful orders and spontaneous actions guided by
ethical and legal norms
5) Gentlemanliness = being upright in character, gentle in manners, dignified in appearance
and sincere in their concern for others
6) Word of Honor = commitment to one’s pledge or promise
7) Duty = PNP members have exemplified themselves as dedicated public servants
8) Loyalty = commitment to PNP organization, to the country and to the people
9) Camaraderie = the binding spirit that enhances teamwork’s; sense of brotherhood
POLICE OFFICER PLEDGE
1) I will love and serve God, my country and people;
2) I will uphold the Constitution and obey legal orders of the duty-constituted authorities
3) I will oblige myself to maintain a high standard of morality and professionalism
4) I will respect the customs and traditions of the police service; and
5) I will live decent and virtuous life and to serve as an example to others.

PNP ETHICS DAY

-celebrate yearly on 7 January
-stared on 7 January 1995 and celebrated every year thereafter

POLICE COMMUNITY RELATIONS

I. Definition of Terms:
1. Police Community Relations – it is the sum total of dealing of the police with the
people it serves and whose goodwill and cooperation it craves for the greatest possible efficiency
in public service.
2. Police Public Relations – it is the continuing process by which endeavors are made to
obtain the goodwill and cooperation of the public for effective enforcement of the law and
accomplishment of the police purpose
3. Public Relations – it is the act of bringing about better understanding, confidence and
acceptance for an individual or an organization,
 4. Human Relations – consists of those fundamental precepts, both moral and legal,
which govern the relationship of man in all aspect of life.
5. Public Information Program – it is designed to bridge any communication gap between
the police and the public. It is the basic ingredient in effective police community relations.
6. Civic Action Program - a program which makes the policemen a friend and partner of
the people for progress as well as their defender.
7. MASSCOM Program – it is designed to influence the opinions, emotions, attitudes,
and behavior of the public so that they will behave in manner beneficial to the police service.
8. Propaganda – it is the planned use for the public or a mass communication for a public
purpose.
9. Integrated Police Advisory Council – a council that involves local officials and the
citizenry in the preservation of peace and order ant the promotion of public safety.

II. Introduction
The basic purpose of preserving the peace and protecting life and property is
accomplished by controlling the behavior of people. A person’s conduct is determined either by
what he wants to do, or by what he is afraid to do. Compliance with law and regulation is
obtained either by developing or by compelling people to conform by threat of punishment.
Hence, the two processes, enforcement and the development of attitudes favorable to law
observance, cannot be completely separated, with the police free to choose and reject the other;
their use is a matter of judgment varying degree or emphasis.
The primary concern of the PNP is to earn and maintain the greatest possible public
confidence. Police effectiveness depends largely upon public support based on faith of the people
in their police. To ensure maximum efficiency, the PNP shall endeavor to gain public support by
conducting massive and sustained activities in the field of good community relations.
Consequently, the active interest and participation of the citizens is a source so vital to an
effective, efficient, economic and harmonious law enforcement and public safety that deliberate
efforts should be made to arouse, promote and maintain public concern in the objective and
affairs of the PNP.

III. Span or Components or Coverage of Police

Community Relations:
1. Public Information Program
2. Public Relations Program
3. Civic Action Program (CAP)
4. Mass Communication Program (Masscom)

Public Information Program –

This is basic ingredient in effective police community relations. The public must kept
well-informed so that it will understand and appreciate the complexities of police work
 and the good service the police renders to the community. This is possible through the
use of media.

Medium use in Public Information Program:

1. Personal Media – it consist of face-to-face communication which includes meetings,
rallies, speeches and house-to-house visits. This is the most practical medium to use in
the provinces. Public rallies maybe conducted by qualified PNP members where they can
speak on matters pertaining to the police that the public should know.

2. Mass Media – it includes printed matter and audio-visual communication.

a) Printed matters – it includes all information disseminated and printed in graphic
forms using words of pictures which may take the form of leaflets, letters, posters,
banners, signs, pamphlets, magazines, newspapers, books and objects.
b) Audio-Visual Communication – it implies the use of radio television, motion
pictures, slide, transparencies, and computers in transmitting information to the
public.
Public Relation Program –
Every PNP unit from station level up, shall have Public Relations officer to look after the
public relation aspects of police work. It shall be the duty of the Public Relation officer to issue
press release from time to time regarding the police activities which are also of public concern.
The Public Relations Officer shall evolve and conduct a Public Relations Program at
promoting better and closer relations between the police and the public. The essence of public
relations is simply good service and making the public well-informed on the good work done by
the police. It is building a good image through actual commendable performance, without
inefficiency and corruption.
The mission of the Public Relations Officer is to agin public support or policies and to
win friendly citizen cooperation in the program and procedures of the police station in order to
facilitate the accomplishment of police tasks

Duties of Public relations Officer:

The duties of the public relations officer maybe divided into four broad categories
namely:
1. To evaluate public opinion and attitudes with respect to the policies, methods, and
personnel of the police station.
2. To advise the police station commander with regard to the public relations aspects of new
or revised department programs, policies, procedures and activities.
3. To plan and to carry out programs aimed at keeping the public informed on police
activities.
4. To furnish a staff supervision of all police activities that may influence public support.
Civic Action Program:
 Consistent with the facilities at its disposal, all PNP units shall conduct civic action
program.
The Civic Action Program is one which makes policemen a friend, and partner of the
people for progress as well as their defender. It can range upward from basic individuals acts of
courtesy to disaster relief, to local assistance programs in the concept of self-help, up to major
engineering projects.
It shall encourage and actively participate in athletic competition to promote youth
development, by wisely coordinating with the social elements of the populace.
It may initiate if necessary, fund-raising campaign for juvenile delinquents who are being
reformed. Is a state of calamity, every member of the PNP shall be alert to safeguard the
community against loss and damages of properties and possible deaths.
He shall encourage resident in hid jurisdiction to help in activities designed to enhance
economic self-sufficiency by actively participating in Green Revolution and Food Production
campaign of the government.
He shall discourage residents from loitering in the streets or engaging in uneconomic
activities such as illegal, gambling, alcoholism, drugs and others.
He shall promote and actively participate in the establishment on small cottage industries
with special attention to the out-of-school youth.
In summation, the principle involve in the PNP Civic Action Program is that the police is
part of and not apart from society. They are considered as servants of the community who
depend for the effectiveness of their functions upon the express wishes of the people.
Suggested Activities for Students: Role playing

Mass communication program (MassCom):

MASSCOM Program shall design to influence the opinion, emotions, attitude, and
behavior of the public so that they will behave in a matter beneficial to the unit in particular and
the PNP in general.
Policemen should be equipped with a basis knowledge of Mass Com and must devote
time for a “heart-to-heart” talk or dialogue with the people, particularly the youth whom he shall
strive to mold into useful and law-abiding citizens.
The PNP unit conducting the program shall condition the citizenry to adhere to the laws
of the land and dissuade them from committing crimes, thereby minimizing their changes to
engage in criminal activities and preventing them from being influences by the misguided
elements in our society.
PNP personnel are in good position to conduct MassCom because of their direct contact
with the people in their respective direct contact with the people in their respective areas. The
PNP units in the provinces know the ideological temper and peculiarities, including
susceptibilities of the people in their localities.
MASSCOM should be an integral part of police operations because use of the force alone
can never single handedly solve the problems f dissidence and lawlessness.
 Objectives of MassCom:
1. Develop a full media information dissemination style in order to strengthen the
bonds of friendship with the citizenry and broaden public understanding of the
PNP.
2. Keep the public well-informed that the government and the PNP/AFP and keep
them aware of the need for the PNP/AFP and the vital role it played in the
security and development of the country.
3. Generate public support for the activities and programs of the PNP/AFP and keep
then aware for the need for the PNP/AFP and the vital role it plated in the security
and development of the country.
4. Established rapport and good working relationship with the media
5. Development a psychological environment whereby the people will readily
respond and support government program which aimed to establish a
democratically independent, unified, self-reliant and progressive society.

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

IV. Principles of the Police Community Relations.

Every member of the PNP shall adhere to the principles of police community relations.
1. Public Support Must be Maintained
Every policemen shall be worthy of the public’s high trust by doing this job well
and leaving nothing undone through carelessness. He shall appear able and willing to
serve all.
2. Public resentment Must be Avoided
T he policemen shall always have in mind the interest of the public and shall
develop friendly relations by his good conduct he shall avoid any occasion to humiliate
embarrass, annoy, or inconvenience.
3. Public Goodwill must be developed
The policemen must be courteous fair and quick to assist individuals in the
solution of their problems.
4. Public must be Kept Informed.
 The police must inform the public on the regulations and policies of the police
force and the reason for their adoption.

The police is a social problems. They are the agency around which the community often
rallies in time of tension and emergency. They must have other means of developing and
sustaining civic peace. Greater emphasis should be placed upon preventive policing that
is programs aimed at anticipating and hearing of social conflicts, the cause of which are
so intimately related to the causes of crime and delinquency.

Crime prevention is generally recognized as an important police function. But the police
can do little without community cooperation assistance. The police must take the
initiative and show the way in effect, to assists the community to meet his responsibility,
at the same time hopefully, to improve police community relations.

V. Five (5) categories of Peace Officers

Individuals Public Relations:

1. Domestic Relations – Consist of persons dealing with his family, parent and immediate
relatives with who he has to have good relationship to deserve a respectable family
prestige and community relations.
2. Neighborhood Relations – Consist of a person’s dealing with neighbors who constitute a
vital link to good reputation in the community.
3. Community relations – Consist of a persons dealings with the citizens of the community,
city or town where a person lives, and his membership or contribution to the civic
organization or community association in the locality.
4. Church Relations – Consist of persons dealing in the religious congregation or faith
where he belongs. Religious affiliation is necessary for the stability of moral principles.
5. Government Relations – Consist of the dealing which a person’s makes with the
government and its various instrumentalities. Recognition of government authority, its
laws and ordinance, as well as other public responsibilities, are significant phases of an
individual’s public relations.

VI. Eight (8) Categories of Peace Officers

Professional Public Relations

1. Intra-Departmental Relations – Consist of peace officers relations with the officers and
men of his own department, his superior the station command as well as the
city/municipal mayor where he is assigned.
2. Inter-Departmental Relations – Relations with other police agencies consist to the
enforcement of the law and maintenance of peace and order, together with the giving of
information to the public on criminal and non-criminal activities.
 3. Citizens Relations – includes all dealing or contacts with the citizens in relation to the
enforcement of the law and maintenance of peace and order together with the giving
information to the public on criminal and non-criminal activities.
4. Complaints Relations – includes a police officer’s dealing with complaints, the
techniques of interview, manner of approach, and treatment of witness as well as
informer or assets.
5. Relations with Accused Persons – Consist in the proper treatment of suspect the
recognition of their constitutional rights during custodial investigation and the handling
of accused persons during confinement.
6. Relations with state Prosecutors or Fiscals – include a peace officers duty to cooperate
during preliminary investigations and gathering got further evidence when so received by
the fiscals.
7. Judicial Relations – Consist of the Peace officers duties toward the courts when
appearing as a witness and the honesty in testimony.
8. Government Relations – include all his dealings with other non-police agencies or
officers of the government, both national and local, in connection with official duties
such as request for verifications, coordination and whatever help are needed.

VII. Basic Foundation of Good Community

Relations
The basis foundation of good community relations is efficient service. No amount
of publicity can cover tip inefficiency or poor public service of the police.

Requirement for Good Community Relations:

1. Sincerity in serving the public
2. Full knowledge of the job
3. Deep conviction in the nobility of the work
4. Sound police ethics
5. High standard of operations

VIII. Integrated Police Advisory Council

In order to involve civil officials and the citizenry in the preservation of peace and order
and the promotion of public safety, there shall be created an advisory council in every
level of the command of the PNP.
Composition of Integrated Police Advisory Council:
1. Local civil officials
2. Representative of the judiciary
3. Representative of the Industrial sector
4. Representative of the Commercial sector
5. Representative of the Agricultural sector
6. Representative of the religious sector
 7. Representative of the youth sector
8. Representative of the educational sector.

Functions of the Integrated Police Advisory Council

1. To advise the Commander on matters pertaining to peace and order and public
safety.
2. To recommend necessary measures to improve the law enforcement system and
public safety condition.
3. To assist the PNP in community relations, and public information and in
enhancing or promoting citizens involvement in the preservation of peace and
order and public safety

Criminology 4
(Juvenile Delinquency)

JUVENILE DELINQUENCY
It refers to an anti-social act or behavior which deviates from the normal pattern of rules
and regulations, customs and culture which society does not accept and which there justifies
some kind of punishment or corrective measures. A delinquent is one whose behavior has
brought a minor or child in repeated conflict with the law.

Juvenile
- Refers to a persons of tender year
- A minor, a youth or those who are not emancipated by law.
- Those who are below the age of majority
- Refers to a person’s below 18 years of age or those but are unable to fully take care of
themselves from abuse, neglect, cruelty, exploitation or discrimination because of
physical or mental disability or conditions.
- R.A. 6809 – an act lowering the age of majority from 21 to 18 and amending for such
purpose E.O. 209.

Status Offense
Refers to an act or omission which if committed by an adult may not be considered
punishable but which are generally considered wrong once committed by minor such as:
Truancy, curfew violation, loitering, running away from home without justifiable cause and
others.

Types of Delinquent Youth

 1. Social (Socialized) = those who become delinquent due to their association with people
in the society to whom they learned deviant values and later become an aggressive type
who recent the authority of anyone who make an effort to control his behavior.
2. Neurotic = those who become delinquent as a result of distortion in their personality and
their ideas and perception of the world around them. Internalize his conflicts and pre-
occupied with his own feelings.
3. Psychotic = those with severe personality disorder have a significantly distorted
perception of the society and people around them. They are likely to commit acts of
violence including murder.
4. Sociopathic = characterized by egocentric personality they have limited or no
compassion for others. Many violent gangsters are sociopathic.
5. Accidental = he is less identifiable in character, essentially socialize law abiding but to
be at the wrong place of the wrong time and becomes involve in some delinquent act not
typical of his general behavior.

Different approach toward delinquency

- Biological Approach = faulty biology
- Psychogenic Approach = personality problem
- Sociogenic Approach = influence of social structure and learning process.

CAUSES OF JUVENILE DELINQUENCY:

Family
The family is the first and most basic (autonomous) institution in our society, which develops the
child’s potentials in all its many aspect like emotional, intellectual, moral and spiritual, and
physical and social. Causes of delinquency in the Family.
1. The faulty development of the child;
2. Lack of parental guidance;
3. Lack of love and the instinct of hate or envy due to unfair treatment;
4. Parental rejection; and
5. Broken home or family.
The family becomes a cause of juvenile delinquency when parents find hard to balance their
jobs with their parental and domestic responsibilities and leaving little or no time at all for their
children, other cited causes are;
a. Family disruption due to migration
b. Marital discord or family problems
c. Nuclear family versus extended family
d. Single parenthood
e. Most importantly, lack of guidance leads the youth to join bad company or gangs.
 The family’s migration to urban areas causes the child to experience a sense of deprivation,
culture shock, and being prone to be victimized by organized and syndicated crimes, drug
addiction, pornography and even prostitution.

>>ENVIRONMENT
This is where the child gets most of his influence, especially in his first formative years.
Youth in the society turns to become delinquent due to companions in given environment. Our
youth today accused those ahead of them of failure to define how to live with the right values,
with honor and success in a world that is charging too fast for them to understand. Some of the
results of a crime inducing environment are the following;
1. Association with criminal groups;
2. Alcoholism and drug addiction;
3. Impulse of fear;
4. Crime-inducing situations that causes criminalistic tendencies; and
5. Imitated instinct like selfishness, violence and anti-social wishes.
The environment of a child plays a big role in his development as an individual since it
reflects on the personality structure of the child. The environment also covers the place where the
child grows up, the people around him, and the conditions both physical, emotional, spiritual
plus the mental sep-up of those close to him.

>>POVERTY
Jobless people are poor, thus become susceptible to crime commission since low-income
families usually take refuge among city relatives who lives in congested and depressed areas.
The implication of this problem on poverty reflects on the children of poor families whose
physical and health welfare are being set aside, giving more priority to foods.

>> MASS MEDIA

People nowadays are becoming increasingly aware of the influence of mass media in the
lives of their children. Television, radio and the press are sources of education, as great as or
even greater than more tradition institutions of the community. It is important to examine the
collective efforts of this industry on the development of young people, the values that are being
taught by the media; the images of the adult social roles that the youth sees, and above all, the
works done by the media advertising on youth who became conspicuous co summers at very
early age.
Violent comic cartoons are easily imitated by younger a generation that produces violent
behavior later. Twisted values inculcated into the minds of our youth, manifest violent behavior
later and distorted principles that most often irritating relationship is the usual outcome among
people close to him.
 >>POLICE
The police as the first line of defense against crime must deal with the serious problem of
youth crime. And the importance of this juvenile-police relation should ignore by our law
enforcers because they are the juvenile’s first contact with the justice system.
The police must become a close working partner of other components of criminal justice
system just as it should also be of the juvenile justice system, if real progress is to be made in
this problem. It must be noted that broad field of police-juvenile work is becoming increasingly
important in order prevent delinquency.

The proper discharge of police responsibilities should be carried through the following:
1. Close observation of places and conditions which may be regarded as breeding places for
youth crime and delinquency;
2. Police should always be in a better position than others to discover the existence of
harmful influence to children;
3. The police should know who are potential or actual delinquents and recognize who are
victims of abuse and neglect;
4. They should also give emphasis to the public that home is the most vital force in the
prevention of the juvenile delinquency.

>> Peers, Companions, and Juvenile Gangs

These groups of people interact with the youth in a positive and negative ways. In a negative
outcome of a relationship. The results are problems which are practically derived from different
values, personality structures, and emotional composition of people around the youth. Most
importantly group behavior continues to be the source of delinquent acts.
Juvenile Gang = self-formed association of peers bound together by mutual interest, with
identifiable leadership, well-developed lines of authority, and other organizational features, who
act in concert to achieve a specific purpose which generally to include the conduct of illegal
activity and control over a particular territory, facility or type of enterprise.

>>RELIGION
A child’s development usually involves the inculcation of a set of moral belief that lead in
the direction of socially approved behavior. Religion becomes a causative factor in juvenile
delinquency when its traditional role in the area of delinquency prevention fails much more when
its religious leaders or spokesperson remain un forceful in delinquency problem. When members
of the religious community take an active part in the problem of delinquency behavior among the
youth, with its full blast of support and mobilization, the juvenile problem will be minimized if
not totally eradicated.

>>SCHOOL
The school, unlike the family, is a public instrument for training young people. Hence, the
school is more directly accessible to change through the development of new resources and
policies. And, since it is the principal institutions for the development of a basic commitment to
the goals and values of our society. It is expected that our educational institutions be provided
with the resources to compete with illegitimate attraction for the youth’s mind. These factors that
create a gap between institution-child relationships are the following:
1. Failure of the school in the character development of the youth;
2. Use of methods that create the condition of failure on the part of the students;
3. Truancy
4. Lack of facilities for curricular and extra-curricular activities
5. Absence of proper motivation on the part of the school’s mentors

>> Other Factors

1. Unemployment
2. Emotional immaturity – when a youth refuse to accept the truth and becomes too
emotional in many aspect of his life;
3. Too much ego – whether right or wrong; safe or dangerous, permitted or prohibited;
4. Psychopath personality – characterize by lack of response lack of conscience, deficient
feeling of affection towards other, and aggression towards his environment and other
people.

PRESIDENTIAL DECREE NO. 603 – THE CHILD AND YOUTH WELFARE CODE
Approved by – late Pres. Ferdinand E. Marcos on Dec. 10, 1974
Effectively date – June 10, 1975
The Child and Youth Welfare Code is one of the many special laws enacted by the
government in order to guarantee the following constitutional mandates:

Art. 11 – Declaration of Principles and State Policies

Section 12
a. Recognizing the sanctity of the family life and protecting and strengthening the family as
a basic autonomous social institution;
b. Equally protecting the life of the mother and the unborn from conception and
c. Recognizing the rights and duty of the parents in rearing the youth.

Art. 5 – Commencement of Civil Personality

The civil personality of the child shall commence from the time of his conception, for all
purposes favorable to him, subject to the requirements of Art. 41 of Civil Code.
Section 13
A recognizing the vital role of the youth in nation-building
Art. 15
A recognizing the Filipino family as the foundation of the nation.

Application of the Code

 The Child and Youth Welfare Code shall apply to all persons 18 years of age as amended
by RA 6809, (an Act lowering the age of majority from 21 to 18) except those emancipated in
accordance with the law, “child” or “mind” or “youth” as used in this Code shall refer to such
person.

RIGHT OF THE CHILD

- All children shall be entitled to the rights herein set forth without distinction as to
legitimacy or illegitimacy, sex, social status, religious affiliation, political antecedents,
and other factors.
- The right to be born well, within the dignity and worth of a human being from the
moment of his conception.
- The right of wholesome family life that will provide him with love, care, and
understanding, guidance and counseling, and moral and material security.
- The right to well-rounded development oh his personality, to the end that he may become
a happy, useful and active member of the society.

DUTIES OF PARENTS:
1. To give him affection, companionship and understanding
2. To extend to himself benefits of moral guidance, self-disciplined and religious instruction
3. To inculcate in him the value of industriousness, thrift and self-reliance
4. To supervise his activities including his recreation
5. To provide him with adequate support including:
a. Food or sustenance
b. Dwelling or shelter
c. Clothing
d. Medical assistance
e. Educational and transportation
f.
Parents shall take special acre to prevent the child from becoming addicted to
intoxicating drinks, narcotics, smoking, gambling, and other vices or harmful practices.

Liabilities of Parents
Parents and guardians are responsible for the damage or torts (an injury or wrong done to
another) caused by the child under their parental authority in accordance with the Civil Code.

Child and Youth Welfare and Community

Community shall mean, the local government, together with the society of individuals or
institutions, both public and private, in which the child lives. To insure the full enjoyment of the
rights of every child to live in society that offers or guarantee him safety, health, good moral
environment and facilities for his wholesome growth and development, it shall be the duty of the
community to;
1. To bring about a healthy environment necessary to the formal growth of the
children;
2. To help the institutions of learning achieve the fundamental objectives of education;
3. To organize or encourage movements and activities, for the interest of the children
and youth;
4. And, to assist the State in combating and curtailing juvenile delinquency and
rehabilitating wayward children.

Barangay Councils
Barangay Council shall have the authority to enact ordinance and resolutions not
inconsistent with the law or municipal ordinance, as may be necessary to provide for the proper
development and welfare of the children in the community, in consultation with representatives
of national agencies concerned with child and youth welfare.
Examples of ordinance or resolutions the barangay can enact;
1. Step to prevent juvenile delinquency and assist parents of children with behavioral
problems;
2. Adopt measures for the health of the children;
3. Curfew hours, especially for children
4. Recreational or sport facilities to keep them busy

Child and youth Welfare and the SAMAHAN

Samahan as used in this Code, refers to the aggregate or persons or those responsible
persons from various sectors of the community or those working in commercial, industrial, and
agricultural establishment or enterprises whether belonging to labor or management.
Some of the most important duties of the Samahan are the following:
1. To prevent the exploitation of children in any employment or calling;
2. To help out-of-school youth to learn and at the same time to help them look for
opportunities to engage in economic self-sufficient projects.
Art. 17 – Joint Parental Authority
The father and the mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to the contrary.

Parental authority – or the so called partiapotestasis the sum total of the rights which
the law grants to the parents over the person and property of their children while they are minors
and unemancipated to facilitate compliance with their duties of support and education, which are
incumbent upon them.
 Parental responsibility – is the sum total of the duties and obligations of parents over
their minor and unemacipated children.

Art. 107 – Employment of Children below Sixteen Years

Children below sixteen years of age may be employed to perform light work which is not
harmful to their safety, health or normal development and which is not prejudicial to their
studies.

Child and Youth Welfare services

Child caring institution (24 hours resident group care service for P.M.S. and S well-
being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or
disturbed children or youthful offender.
Detention Home = twenty-four short term resident care for youthful offenders waiting for court
disposition.
Shelter care = provides temporary protection and care to children requiring emergency
reception.
Receiving home = family type homes proving shelter for ten to twenty days who shall be under
observation and study for eventual placement by the DSWD. In no case shall children exceed
nine. And not more than two of them shall be under three years of age.
Maternity home (for pregnant woman and her infant before, during and after delivery custody)
Rehabilitation center (rehabilitates youthful offender and other disturbed children)
Reception and Study center
Child placing agency
 Filiation = is the civil status of the child in relation to his parents.
 Paternity = is the civil status of the child in relation to his father.
 Maternity = civil status of the child in relation to his mother.
 Founding = refers to a baby left by the parents
Legal Classification of child
 Legitimate = born inside the marriage.
 Illegitimate = born outside the marriage
 Legitimated = illegitimate child raise to the status of a legitimate child by subsequent
marriage of his parents.
 Adopted = a person who is raise to the status of legitimacy through adoption (juridical
act).

Special Categories of Children:

Dependent child – is one who is without a parent’s guardian or custodian or one who’s
parents or guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
 Abandoned child – is one who has no proper parental care or guardianship or whose
parents or guardians have deserted him for a period of at least six continues moths.

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

Special Classification of child

A. Mentally retarded
1. Custodial (I.Q. 25)
2. Trainable (25 to 50 ) ¼ or ½ of average child
3. Educable (50 to 75) ½ to ¾ (up to 5-6th G)
4. Borderline or Low Normal (75 to about 89) requires some extra help.
B. Mentally ill (behavioral disorder)(F or O)
C. Emotionally disturbed
D. Physically handicapped (crippled, deaf-mute, blind etc.)

Republic Act 7610 – “SPECIAL PROTECTION OF CHILREN AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION ACT”
Approved by: former pres. Corazon C. Aquino on: June 17, 1992

Sec. 2 Declaration of State policy and principles

It is hereby declared to be the policy of the State to provide special protection to children
from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions
prejudicial to their development; provide sanctions for their commission and carry out a program
for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation
and discrimination, the state shall intervene on behalf of the child when the parent, guardian,
teacher or person having are or custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person has care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which will affect or will affect their survival and normal
development and over which they have no control.

Sec. 3 Definition of Terms

1.“Children” refers to persons below the age of 18 years or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental condition;
2. “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
a) Psychological and physical abuse neglects, cruelty, sexual abuse and emotional
maltreatment;
b) Any act by deeds or words which debases degrades or demeans the intrinsic worth and
dignity of the child as a human being;
c) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
d) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
3. “circumstances” which gravely threaten or endanger the survival and normal
development of children include, but not limited to the following:
a) Being in a community where there is armed conflict or being affected by armed conflict-
related activities.
b) Hardworking under conditions hazardous to life, safety and morals which unduly
interfere with their normal development;
c) Living in or finding for themselves in the streets or rural areas without the care of
parents, or guardian or any adult supervision needed for their welfare;
d) Being a member of an indigenous culture community and/ or living under conditions of
extreme poverty or an area which is underdeveloped and/or lacks or has inadequate
access basis services needed for their welfare;
e) Being a victim of man-made or natural disaster or calamity
3. “comprehensive program against child abuse, exploitation and discrimination refers
to coordinated program of services and facilities to protect children against:
a) Child prostitution and other sexual abuse;
b) Child trafficking;
c) Obscene publication and indecent shows;
d) Other acts of abuse; and
e) Circumstances which threaten or endanger the survival and normal
development of children.

Section 7 Child Trafficking

Any persons who shall engage in trading and dealing with children engage in trading, and
dealing with children including, but not limited to the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal
to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is
under twelve years of age.

Sec. 8 – Attempt to Commit trafficking

 a) When a child travels alone to a foreign country without valid reason and without
clearance issued by the DSWD or written permit or justification from the child’s
parents or guardian;
b) When a pregnant mother executes an affidavit of consent for adoption for a
consideration;
c) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for purpose of child trafficking;
d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who can
be offered for the purpose of child trafficking.

WORKING CHILDREN
Section 12 – Employment of Children
Children below fifteen (150 years of age may be employed, provided, that the
following minimum requirements are present:
1. The employer shall secure for the child a work permit from the Department of Labor and
Employment;
2. The employer shall ensure the protection, health, safety and morals of the child;
3. The employer shall institute measures to prevent exploitation or discrimination taking
into account the system and level of renumeration, and the duration and arrangement of
working time; and
4. The employer shall formulate and implement a continues program for training and skill
acquisition of the child.

Sec. 13 – Non-formal Education for Working Children

The department of Education; Culture and Sports shall promulgate a course design under
its non-formal education program aimed of promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective under
given circumstances.

Section 22 – Children as Zones of Peace

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

Sec. 27 – Who May File a Complaint

Complaints on cases of unlawful acts committed against children as enumerated
herein may be filed by the following:
a) Offended party;
b) Parents or guardian
c) Ascendant or collateral relative within the third degree of consanguinity;
d) Officer or social worker or representative of a licensed child-caring institution;
e) Officer or social worker of the Department of Social Welfare and Development;
f) Barangay Chairman; or
g) At least three (3) concerned,

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND

WELFARE SYSTEM (REPUBLIC ACT 9344)
By: Pres. Gloria M. Arroyo
Approved on : May 4,2006
Sponsored by: Sen. Francis Pangilinan
Statements:
Upon the effectivity of RA 9344, cases against children 18 years old and below at the
time the crime was committed shall be dismissed. These children shall then be referred to the
appropriate local social welfare and development officer, who will determine whether to release
them to the custody of their parents or have them go through rehabilitation programs.
The law said that those with suspended sentences and undergoing rehabilitation shall also
be released, unless it is contrary to the best interest of the child. RA 9344 also states that a
“family court shall also determine whether or not continued detention is necessary and if not,
determine appropriate alternatives for detention.
“If detention is necessary and the offender is detained with adults, the court shall
immediately order the transfer of the child to a youth detention home.”
 Children who have been convicted and are serving out their sentence shall also benefit
from the retroactive application of the law and be entitled to appropriate treatment provided for
under this law.
RA 9344 exempts children 15 years old and below from criminal liability. They will only
be subjected to an intervention program – a series of activities designed to address issues that
caused the child to commit offense.
Intervention takes the form of an individual treatment program that could include
counseling, skill training, education and other activities that will enhance the child’s welfare
being.
However, children above 15 or below 18 may have to face appropriate proceedings if the
prosecution proves they acted with discernment in committing an offense.
The exemption granted to children however, does not cover liability.
RA 9344 also created a Juvenile Justice and Welfare Council composed of
representatives from various government agencies, which will convene 15 days after this law
goes into effect.
The Council, which will be chaired by the Department of Social Welfare and
Development, will ensure the effective implementation of RA 9344.
The juvenile justice law also mandates the establishment and strengthening of local
councils for the protection of children, which will be composed of responsible members of the
community, representatives from the youth sector, and the government and private agencies
concerned with the welfare of children.
The local council will serve as the primary agency to coordinate with and assist local
government units on the adoption of a comprehensive plan to prevent delinquency and to oversee
its proper implementation.
One percent of the internal revenue allotment of barangays, municipalities and cities shall
be allocated for the strengthening and implementation of the programs of the local council’ each
local government units is in charge of disbursing this allocation.
Under RA 9344. Media practitioners are ordered to maintain the highest professional
standards in reporting and covering cases of children in conflict with the law. In this part of the
law, it states that; any undue, inappropriate and sensationalized publicity of any case involving a
child in conflict with the law is hereby declare a violation of the child’s rights.
Law enforcers 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.
The law added that law enforcers shall not display any firearm, weapon or handcuffs,
unless necessary in apprehending child offenders.
Another provision of RA 9344 states that law enforcers shall turn over custody of the
child “immediately but not later than eight hours after apprehension” to the Social Welfare and
Development Office or other accredited non-government organizations and notify the child’s
parents or guardians and the public attorney’s office, of the child’s apprehension.
 The Social Welfare and Development Office shall then explain to the child and the
child’s parents or 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.”

DEFINES TERMS UNDER RA 9344

Diversion – refers to an alternative child appropriate process of determining the responsibility
and treatment of a juvenile in conflict with the law on the basis of his social, culture, economics,
psychological or educational background without resorting to formal court adjudication.

Diversion programs – refers to programs that the juvenile in conflict with the law is required to
undergo instead to remain in his home after conviction and sentence.

Probation – is a disposition alternative under which a juvenile in conflict with the law is
released and permitted to remain in his home after conviction and sentence.

Discernment – means the mental capacity to understand the difference between right and wrong
and its consequences.

Restorative justice – is a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender, and the community, it seeks to obtain
reparation for the victim, reconciliation of the offender, the offended and the community and
reassurance to the offender that he can be reintegrated in society.

Initial contact – is the apprehension or taking into custody of a juvenile in conflict with the law
by law enforcement officers or private citizens.
Exemption from criminal liability does not include exemption from civil liability which
shall be enforces in accordance with the provisions Art. 221 of the Family Code.

CRIMINOLOGY 5
Human Behavior

Definition
Anything an organism does that involves self-initiated action and/or reaction to given
stimulus. It is composed of adoptive adjustment people make as they cope with one another, with
problems, with opportunities, and with working together-aspects, ina given situation.
It is the sum total of man’s reaction to his environment

A. Two Basic Types of Behavior

a. Inherited behavior
These are inborn behavior, any behavior reactions or reflexes exhibited by people
because of their inherited capabilities or the process of natural section e.g. the survival of
 species that are dependent on behavior like breathing, digesting food, mating and
depending oneself.
b. Learned behavior
These are operant behavior which involves knowing or taking into account, adaptations
that enhance a human being’s ability to cope with changes in the environment in ways
which improve the chances of survival e.g. good command of English, logical problem
solving technique, job skills, and other learned expertise that give people more control
over their lives. It is this behavior that sets human being apart from other animals.

B. Classification of Human Behavior (HICS)

a. Habitual = refers to motorized behavior usually manifested in language and emotion.
b. Instinctive = they are generally unlearned and simply comes out, out of man’s instinct,
which can be seen among instinct-instinct survival behavior.
c. Symbolic = are behavior that are usually carried out by means of unsaid words, and
shown through symbols or body signs.
d. Complex = are those behaviors that combines two or more of the classified ones.

C. Causes of Human Behavior (SPA)

a. Sensation = is the feeling or impression created by given stimulus or cause, that leads to
a particular reaction or behavior, in short, the effects e.g. Visual (sight), Olfactory
(hearing), gustatory (taste).
b. Perception = refers to the person’s knowledge of a given stimulus which largely help to
determine the actual behavioral response in a given situation.
c. Awareness = refers to the psychological activity based in interpretation or past
experience with a given stimulus or object.
D. Characteristics of Behavior
a. Primarily negative or primarily learned
b. Evoked by External stimuli or internal need
c. Automatic, voluntary, conscious or motorized
E. Attributes of behavior
a. Duration – how long in terms of function of time
b. Extensity – size, distance and location
c. Intensity – magnitude, whether mild, strong and disintegrated
d. Quantity – whether normal, abnormal, misleading or unacceptable
Abnormal Behavior
= “A.B.” is Latin initials which means “away from”, Abnormal behavior then can be
defines as a behavior which is away from or deviating from the normal behavior. Normal
Behavior on the other hand, is one that is within the concept of a person’s as his own behavior
which he or she sees normal, and that people who behave as they do, are likewise normal and
those that do not behave similarly are abnormal. Abnormal behavior most of the time referred to
as “sick” behavior. It is associated to mental illness. Behavior which are ineffective, self-
defeating, self-destructive and which separates the individuals from those who are important to
him, are regarded as abnormal.

Guidelines for judging abnormal behavior

1. Appropriateness (includes assessment of not only the behavior itself but also the
situation in which it is happening).
2. Flexibility (Normal behavior tends to be flexible as a sign of healthy behavior).
3. Impulsitivity (normal behavior is more likely to be a result of a consideration of its
consequences, with being given careful thought before implementation) Abnormal
behavior, being uncontrolled or partially controlled needs and drives, tend to be
impulsive.
Causes of Human Behavior:
1. Sensation – feeing or impression of stimulus (Visual, olfactory, cutaneous, auditory,
gustatory)
2. Perception – knowledge of the stimulus
3. Awareness – refers to psychological activity based on the interpretation and experience
of the object or stimulus

How people interact:

People interact by three psychological position or behavioral patterns called ego states:
Parent-ego states – protective, idealistic, evaluation, righteous, refers to law, rules and
standard.
Adult-ego states – more upon reason, factual, flexible, views other as co-equal, and
reasonable.
Child-ego-states – dependent, rebellious, selfish, demanding, impatient and emotional.

How people transact:

Complimentary – if stimulus and response pattern from one ego state to another are
parallel.
Non-complimentary – if stimulus and response pattern from one ego state to another are
hot parallel.
1. The Biological background of Behavior
The HEE is the product of hereby environment, and education (training). At birth, man is
consider black except for reflexes which are necessary for his survival. Some of these reflexes
are the following, sucking, swallowing, crying and others.

Man’s eight (8) stages of growth:

1. Pre-natal stage – which is composed of:
a. Ovum period – first two weeks
b. Embryo period – second week to second month
c. Fetus period – second moth to birth
 2. Infancy stage – first two weeks after birth
3. Babyhood – second week to two years old
4. Childhood – which is divided into: (early childhood, 2-6 yrs old and late childhood,
7 to eleven yrs)
5. Puberty – end of childhood and beginning of adolescence
6. Adolescence – which is divided into: (early adolescence, puberty to 17 yrs. And late
adolescence, 17 to 21 yrs)
a. Adulthood – 21 to forty yrs old.
b. Middle age – forty to sixty yrs. Old
c. Old age – sixty and above

Developmental Tasks
Every stage of life has its accompanying development tasks. They are task imposed on
the individual by maturation and culture that prepare him for the next stage of life.

THEORIES OF LEARNING
Connectionism Theory – by Thorndike states that practice strengthens the association
between stimuli an response can be strengthens further by means or reward or satisfaction but
can be weakened by punishment or dissatisfaction, through the use of the 3 law of effect. This
theory in learning assumed that if a thing is to be learned, there should be frequent repetitions of
stimulus and response.
Classical or Respondent Conditioning – by Pavlov which states that the association
between a conditioned stimulus and response is strengthened by repeated presentation with the
unconditional stimulus.
Instrumental or Operant Conditioning – wherein the learning or stimulus response
relationship is strengthened by immediately making a follow-up of the thing learned.

FACTOR AFFECTING LEARNING:

1. Motivation – arouse interest, provides an objective and direct towards a goal, thus if
facilitates learning.
2. Reinforcement – can be made through the use of audio-visual aid, reviews, drills, and
other means.
3. Extinction – means to let something die out or be forgotten by disuse if it will not
facilitate learning.
4. Association – meaning the more connection are made with a subject, the better it will be
learned and retained.
5. Interest – in a lesson will facilitate learning and serve as its own motivation aside from
having the one teaching making the topic interesting.
6. Rewards or punishments – should be immediate for it to be effective and make learning
easy.
 7. Regency – means that learning should be made recent in the minds of learners for them
not forget what they have learned.

MOTIVATION
Motivation – is defined as behavior instigated by needs within the individual and
directed towards a goal can satisfy the needs. Motivation may also be regarded as explanation for
action which influences behavior in many ways. All definitions of motivation have certain things
in common such as; it comes from within; it is directed towards a goal; and it arouses interest in
the activity.
Motivation is important because it controls and directs behavior. Behavior must be
controlled for the good of the individual and society for human happiness, it is necessary to
control behavior. Motivation is also important in all aspects of man’s life.

Classification of Motives:
1. Biological drives – includes physiological, basic and primarily unlearned motives e.g.
water, food and other survival motives.
2. Psychological or social drives – they are secondary, acquired, learned, and derived e.g.
motives to be rich popular, balanced and other acquisition of achievements.
3. Unconscious motives – includes mostly general drives such as curiosity, maternal
instinct and just being nice as a natural drive.

PERSONALITY
Personality is defined as a pattern of habits, attitudes and trials that defines as
individual’s characteristics, behavior and qualities.
= A stable set of characteristics and tendencies that determine the similarities and
differences in the psychological behavior such as thoughts, feeling, and actions, of people. It can
be introvert, extrovert or ambivert, an introvert is one characterized by direction of interest
toward oneself and ones’ inner world of experience; the extrovert characterized by interest
directed towards the external environment of people and things rather than toward inner
experiences and oneself; the ambivert is a mixture of between an extrovert and introvert

Personality is defined as a pattern of habits, attitudes and traits that defines an

individual’s characteristics, behaviors and qualities. Personality is more than charm, poise, or
physical appearance, this includes the following;
a) Habits – reactions so often repeated that becomes a person’s fixed characteristic or
tendency.
b) Attitudes – may either be positive or negative, favorable or unfavorable, learned or
acquired.
c) Physical traits – this includes facial appearance, height, weight, physical, defects,
complexion, strength and health.
d) Mental traits – includes our ability to control the mind
 Mental abilities:
1. Problem solving ability
2. Memory and learning ability
3. Perceptual ability
4. Constructive imagination
5. Special; imagination
6. Soundness of judgment
7. General adaptability
e) Emotional traits – gives an individual the capacity to face different situations in life and
still maintain composure
f) Social traits – the individual’s ability to get along fine with others.
g) Moral and religious traits – the standards of a person’s action and behaviors.

Social Learning theories

This theory advocate that personality traits are the result of learning as one interacts with
people. Personality is mainly composed of habits and learned responses to stimuli in the
environment.

Masiov’s self-actualization theory

Maslov maintains that man is naturally good and that self-actualization is his goal. And
blocking this goal makes man frustrated and neurotic. Aggressions and destruction are not
natural, but they are the result of an environment that prevents the attainment of goals. This
theory makes human needs comes first, followed by safety needs, then belongingness. Self-
esteem and self-actualization comes last.
Human needs – arises out of person’s biological and psychological makeup. They are the
following:
1. Biogenic needs – refers to the needs of the body existing primarily for the maintenance
of health and protection of the body against physical injuries. E.g. need for food, air, rest,
sex and avoidance of pain.
2. Psychogenic or sociogenic needs – includes the need for love, affection, security growth
and achievement, and recognition from others.

According to A.H. Maslow, who introduced the hierarchy of needs which ascends from the
basic biological needs present at birth to the more complex psychological needs which becomes
important only after the more basic needs have been satisfied.
Frustration occurs when a person is blocked in the satisfaction of need. Man becomes
anxious and restless and tries to seek means of relieving these anxieties. So he tries to engage in
various forms of activities intended to satisfy hi needs and reduces his tensions.
Reaction to Frustration
People differ in the way they react to frustration. An individual’s way of reacting to
frustration is known as coping mechanism. Generally reacting to one or two ways; by fighting
the problem in a constructive way and direct way by means of breaking down the obstacles that
stop a persons from reaching his goal; or by getting angry and becoming aggressive; or by
running away from the problem or fight by sulking, retreating, becoming indifferent, and giving
up without a fight. These reactions to frustration are called fight-flight reactions.

Frustration tolerance
Individuals also differ in their capacity to tolerate unadjusted states or tolerance to
frustration. Some people are able to withstand prolonged periods of tension without showing
signs of abnormality. Other become neurotic or psychotic, or convert their frustration into anti-
social acts or become alcoholics or drug addicts. Most people react to frustration in the
following ways;
1. Direct approach
2. Detour or change direction
3. Substitution
4. Withdrawal or retreat
5. developing feelings of inferiority
6. aggressions, and
7. use of defense mechanism

Defense mechanism
They are unconscious psychological processes that serve as safety valves to provide relief
from emotional conflict and anxiety. Defense mechanisms are forms of self deception which a
person may not be aware of they are resorted to whenever psychological equilibrium is
threatened by severe emotional injury arising from frustration. Among the most common defense
mechanism used are the following:
1. Identification – a process whereby an individual’s without awareness, satisfies,
frustrated desires by psychologically assuming the role of another person.
2. Substitution – is resorted to, when an unattainable or unacceptable goal, emotion, or
object is replaced by one that is attainable or acceptable.
3. Compensation – a process whereby one makes up for some real o imaginary inadequacy
by doing well in another activity.
4. Rationalization – it is a fallacious thinking intended to justify ideas and behavior in a
way that seems reasonable to oneself, although, they are intellectually justified and often
socially disapproved as well.
5. Displacement – this is where one transfer his emotion connected with one person or
thing.
6. Fantasy or daydreaming – this is where an imagined sequence of events or mental
images that serves to express unconscious conflicts to gravity unconscious wishes or to
prepare for an anticipated future event.
7. Projection – manifest feelings and ideas which are unacceptable to oneself, but projected
onto others so that they may seem to have these feelings or ideas, that free the
individuals from the guilt and anxiety associated with them.
8. Reaction formation – is defined as the development of a trait or traits which are the
opposite of tendencies that we do not want to recognize. It is shown, when an individual
is motivated to act in a certain way, but behaves in the opposite way, and be able to keep
his urges and impulses under control.
9. Denial – when a person uses this mechanism, he refuses to recognize and deal with
reality because of strong inner needs.
10. Repression – is an unconscious process where unacceptable urges or painful, traumatic
experiences are completely prevented from entering consciousness.
11. Suppression – is a conscious activity by which an individual attempts to forget
emotionally disturbing thoughts and experiences by pushing them out of one’s mind such
as, when a person attempts to forget emotional pain by losing himself in his work.
12. Regression – when a person employs this defense mechanism, he goes back to a pattern
of feeling, thinking or behavior which was appropriate to an earlier stage of development,
such as when a person demands for something from others and when denied, uses
tantrums to get it., as what he or she has done in early childhood when parents give to
demands of children by the use of tantrums.
13. Sublimation – is the changing of unacceptable id impulses or needs into socially and
culturally acceptable channels or means. It is also a positive and constructive mechanism
for defending against otherwise unacceptable impulses and needs. Such as when a
homosexual works as a physical therapist and find sexual satisfaction in performing his
job, in meeting his needs and impulses.
When a person is frustrated in his attempts to adjust himself to difficult situation
over a long period of time, he may try to escape from conflicts by suffering from any of
the following mental disorders;
1. Neurosis – a condition where a person compromises with reality by developing
imaginary ailment, phobia, obsession or compulsion:
2. Psychosis – a mental condition where the person may withdraw from the real world into
the world of fantasy and make-believe; where a person’s hidden or unexpressed desires
can be fulfilled;
3. Psychopath or sociopath with an antisocial personality – a mental disorder where one,
instead of compromising with reality, withdraw into his shell. The person may become
very aggressive and cruel in his antisocial behavior comes in conflict with the law, he
becomes a criminal.
4. Psychoneurotic person – are those in the twilight zone between normality and
abnormality. They are not insane, but neither are they normal. The neurotic is always
 tense, restless, and anxious. Frequently, they have obsession, compulsion, phobia, and in
some cases, amnesia. Anxiety is the dominant characteristic.

Unhealthy Reactions to Frustration

Some individuals are incapable of making effective adjustment to their frustration. They
have not learned healthy and effective adjustment habits; hence, they are not emotionally ready
to cope with difficult problems confronting them. As a result, they may react to frustration in
random, impulsive and inadequate manner that, does not relieve them of tension, but in fact
increases the maladjustment. Among these behavior pattern considered as unhealthy reactions to
frustration are the following;
1. Anxiety – manifest through apprehension, tension, and uneasiness fromanticipation of
danger the source of which is largely unknown or unrecognized.
2. Phobia – an irrational fear which is fixed, intense, uncontrollable, and most of the times
has no reasonable foundation.
3. Obsession – is an idea that persistently recurs in a person’s mind sometimes against his
wish, though it may have no basis at all.
4. Compulsion – is an irresistible impulse to perform certain acts that are repetitive and
ritualistic.
e.g. pyromania – the irresistible urge to set fire,
dipsomania – compulsive desire to take alcoholic drinks,
kleptomania – the urge to steal
5. Regression – a behavior pattern wherein a person returns to state of former adjustment
and attempts to experience them again in memory.
6. Memory disorder or amnesia – caused by painful memories associated with some
shocking experiences which are repressed and cannot be recalled.
7. Delusion – a false belief firmly held despite incontrovertible proof of evidence to the
contrary.
8. Hallucination – a sensory perception in the absence of an actual external stimulus.
9. Schizophrenia or dementia praecox – is characterized by disturb thinking.

Sexual Deviancy – a sexual behavior that seeks stimulation and sexual gratification by
means other than heterosexual relation.

Sexuality or heterosexuality – the only normal sexual relation between members of the
opposite sex that could lead to reproduction.

Different deviant sexual behaviors:

1. Masochism – sexual gratification is attained through the pain inflicted upon oneself.
2. Sadism – sexual gratification is attained through the pain inflicted upon the sexual
partner.
 3. Exhibitionism – sexual gratification is attained by exposing some private parts of the
body.
4. Voyeurism – sexual gratification is attained by witnessing a nude manand women in
the actual sexual act. The sexually deviant person is also known as Peeping Tom.
5. Transvertism – gratification is taken from wearing clothes of the opposite sex and
acting their opposite roles.
6. Fetishism – sexual gratification is attained by substituting an inanimate object of
love.
7. Lesbianism – sexual relation between a woman to a woman.
8. Homosexuality – sexual gratification is attained by having a sexual relationship with
members of the same sex.
9. Incest – sexual relation between persons with blood relationship.
10. Pedophilia – a child molester that victimizes young boys that could lead to sodomy.
11. Bestiality – sexual relation with a living animal.
12. Necrophilia – sexual relation with a newly dead body.

Class A (distrust, suspicious to social detachment)

1. Paranoid P.D. = recurrent suspicions without justification, preoccupied by unjustified
doubts, hostility, oversensitivity, tends to see oneself as blameless.
2. Schizoid P.D. = pervasive detachment from social relationship, restricts expression of
emotion, neither enjoy nor desire close relationship, inability to form social relationship
and lack of interest to do so.
3. Schizotypal P.D. = reduced capacity for close relationship, have old beliefs and magical
thinking such as superstitions, telepathy etc.

Cass B (dramatic, emotional erratic)

1. Antisocial P.D. = fail to conform to social norms with respect to lawful behavior as
indicated be repeated acts that are grounds from arrest. Unable to control their impulse,
perform violent and harmful acts without experiencing a bit of guilty.
2. Borderlines P.D. = instability of interpersonal relationship, instability of mood, self-
image and affects and marked impulsivity, may have recurrent suicidal behavior. Their
mood may shift rapidly and inexplicably from depression to anxiety to anger over a
pattern of several hours.
3. Histrionic P.D. = pervasive pattern of excessive emotionality and attention seeking.
Overly concerned with their appearance and exaggerated impression of emotion.
4. Narcissistic P.D. = exaggerated sense of self-importance, a preoccupation with being
admired and lack of empathy for the feeling of others.
5. Hypchondriasis = chronic about health

Class C (anxiety and fearfulness)

 1. Avoidant P.D. = feeling of inadequacy, hypersensitive to negative evaluation timid and
shy but do wish to have friends uncomfortable and afraid of rejection or criticism. Unlike
schizoid they don’t enjoy being alone.
2. Dependent P.D. = difficulty in making everyday decision without an excessive amount af
advise and reassurance from others, lack self confidence in judgment uncomfortable and
helpless when alone.
3. Obsessive – Compulsive P.D. = pervasive pattern of preoccupation with orderliness
perfectionism and mental and interpersonal control, preoccupied with trivial details and
rules and do not appreciate changes and routine.

CRISIS MANAGEMENT
Crisis management – is simply good management under pressure.

Ten (10) steps to take during crisis;

1. Asses the situation – by knowing the following what is happening and why; what is
likely to happen and how quick the response should be avoid further damage in all
aspect; who are involve and who else; and resources at hand.
2. Draw primarily plan of action –step by step and have contingency plan for a
eventualities.
3. Line up a crisis management team – deal with the situation
4. Set up a crisis management center
5. Set up a communication system – to have an immediate acces to all members of the
team
6. Prioritize matters
7. Face problems one-at-a time
8. Prepare detailed plans
9. Continuously monitor what exactly is happening
10. Evaluate actions and reaction.

HOSTAGE NEGOTIATION
In hostage situation the general tendency of the hostage taker is to hostage a prominent
personality in order to gain needed leverage in the negotiation. What is important in this situation
is improved communication and the efficiency of the police in responding to the call of
emergency.

Priorities in hostage situation;

1. Preservation of life – hostage, hostage taker, public etc.
2. Arrest of the hostage-taker, recover and protect property
3. Successfully negotiate – to do this, there must be; a need on the part of the hostage-taker
to live and release the hostage.
Principles to be followed;
The hostage has no value to the hostage taker. His only value is as a tool to get what the
hostage-taker wants, not from the hostage, but from the authorities. Violence should be avoided
for the sake of the hostage, if it cannot be avoided, the authorities should be the victor.
To successfully negotiate, there must be a need to live, on the part of the hostage-taker,
because a hostage-taker who is bent in killing himself and has no intention of releasing the
hostage, is a case of non-negotiable, which the police should ascertain.

Characteristics of hostage –takers:

1. Mentally deranged – suffer form delusion and hallucination, and they;
a) Sets the rule;
b) Reacts on overwhelming stress, forcing them to take action to relieve stress; may
even
c) Take members of their family as hostage.
2. Severe depression – suffers also some mental aberration which is an answer to life stress
that could lead to self-destruction as in suicide.
3. Personality disorder – with anti-social and maladaptive patterns of behavior that brings
him repeatedly in conflict with society. If he demands for member of his family, do not
grant, family could be the cause of being what he is.
4. Paranoid – he feels threatened and persecute, highly suspicious of people and impulsive.
5. Sociopathic personality – highly impulsive and unable to delay gratification so that if
hostage is a women raping her is a probability.
6. Terrorist – with political purpose or agenda. They use threats and harassment to create
an atmosphere of fear, disregarding women and children as victims, they are only loyal to
themselves and other allied groups and willing to give life as part of martyrdom.

Upon arrival at the scene of the incident. Negotiator should act immediately on the
following:

1. Containment – control of area and people;

2. Establish contact – if several hostage-takers are involved, talk with leader only. If
recognize as an officer of the law, never tell rank, since hostage-taker may ask for
demands that he thinks can be at once granted. If deceit has to be used do not get caught
and bluff.
3. Time lengthening – this will give more time to the police to organize and coordinate
plan of action. It could also lead to the hostage takers loss of objectivity;
4. Telephone negotiation technique – be the caller, plan and prepare and be ready with
what has to be negotiated. Discipline oneself to listen. For whatever demand granted hold
on to a concessions, and try to get something in return e.g. release of children and women
hostage.
 5. On a face-to-face negotiation – observe the rules; do not be over anxious, prepare for a
psychological, physical and emotional confrontation. Wear body armor, have a weapon,
but if ask to come without one, ensure that they too, should lay down firearms before you
enter the place of negotiation. Coming on face-to-face situation, observe prescribed
distance as in personal distance, it should be one to three feet, and while in intimae about
6 inches. In getting out face hostage-taker; slowly walk out of the door with good cover
or tactical backup.

On surrender approach – start with a position approach an act as if the hostage-taker will
surrender. Do not talk too much, talk detail of surrender process, and explain why now is better
than later.

Positive Effects of Time

a) Hostage-taker will wear down emotionally and psychologically.
b) Hostage-takerhave more demand for food, water and drinks.
c) Anxiety reduce, hostage-taker given chance to organize his true self.
d) Hostage takers rationality increases.
e) Hostage-taker – negotiate relationship gets improve.
f) Hostage-takers demands may be reduced
g) Stockholm Syndrome may developed – which refers to the unusual development of a
mutual positive feelings between the hostage and hostage-taker for each other that
eventually results to negative feelings against the authorities.
What is negotiable?
- Money, food, drinks, transportation or even swapping of prisoners.
What is non-negotiable?
-weapons and ammunitions
Cardinal rule in negotiation
“Commander should not negotiate, negotiator should not command.”
Reasons:
a) Hostage-taker will have sense of importance
b) May make impossible demands knowing that he is dealing with commander;
c) Conflict with n being a negotiator and commander of the same time and will have no
more fall back;
Note: in case hostage-taker refuse to talk motivate him by touching on possible topics related to
his act, if he opens up stop talking and listen and continue the negotiation.
Advantages of telephone negotiations:
a) Easier to say NO to some demands:
b) Easier to end and conclude the negotiation:
c) Conversations is quicker:
d) Important items can easily be committed:
e) Negotiator has the advantage and less risk:
Disadvantage:
- Impersonal – hostage’s reaction cannot be observed.
Hostage taker – negotiator relationship
Trust and rapport should be established, but while is there, be aware of it;
If deceit is to be used, tell lies but don’t get caught.
Walkie talkies – set in single frequency are still considered to be one of the best in telephone
Negotiation and in giving orders.
If attack has been decided upon, it should be carried within seven (7) seconds upon decision.

Designation and duties of personnel in a negotiating team:

1. Field negotiator – (all members of the team should know him) his duties re;
a) Takes charge of all members;
b) Establish contact with hostage-taker;
c) Over-see containment processes such as evacuation of civilians and scaling off the
place;
d) Regular consultation with commanding officer (highest quality)
e) Operational aide;
a. Report to the field negotiator;
b. Set up temporary headquarters
c. Coordinate assignment of off-duty personnel arriving at the scene;
d. Assessed unit as necessary; and
e. Relay orders or information to personnel involved.
f) Administrative aide:
a. Report to field negotiator
b. Supervise temporary headquarters
c. Maintain records of operation of all units at the scene
g) Patrol personnel (with one leader)
a. Sharpshooters (snipers)
b. Chemical agent

What is important in a hostage taking situation?

1. Dry run or constant practice to ensure the unit’s capabilities of control over the situation.
2. Considerable screening of all members.
Team members should given free hand in handing and evaluating the situations they are
in.
3. Patrol units, assault units, and all units concerned should know exactly whose command
they are under.
4. A rescue effort has to run strictly from top, down to the last member.
5. If chemicals are to be used in the assaults, it should be enough only to main the
perpetrators in order to incapacitate to disable them.
6. Assault when decided upon should be carried out within 7 seconds.
 7. Presence of a linguist is necessary, if negotiator is not.

Implementation of Method to Deal with Hostage Situation

Behavior guidelines during negotiation:
a) Be the caller
b) Use civilian clothes
c) Use protective armor
d) Do not ask for demands – hostage-takers may not have demand
e) Give room to negotiate – do not be excited, nervous, and irritated
f) Be clam and relax
g) Talk to hostage taker leader only
h) Elicit a promise
i) Make sure you have a good cover hidden or otherwise
j) Conserve concession – hold giving in to demand. Delay works in favor of authorities.

On life and death negotiation;

a) Keep in mind that one hostage-taker, show of force is unnecessary
b) Speak firmly but not in threatening manner
c) Do not be over friendly it may be interpreted as a weakness
d) Hostage-taker should not driven to desperation (give hope, security, etc.)

Mock board on Sociology your answer on the answer

of Crimes, Ethics and sheet provided. STRICTLY NO
Human Relations ALTERATIONS ALLOWED. Use
pencil no. 2 only.
INSTRUCTIONS: Select the
correct answer for each of the 1. The police seek to prevent
crimes by being present in
following questions. Write
places where crimes might be B. Criminals of Passion
committed and by alerting
citizens to refrain from C. Occasional Criminals
practices that make them or D. Born Criminals
their property vulnerable:
A. Law enforcement 6. The purpose of penalty in
B. Public services positivist school of
C. Opportunity denial criminology is:
D. Order maintenance A. Retribution C.
Rejection
2. The society’s prime B. Reformation D.
instrument for making known Restitution
what acts crimes and what
sanctions may be applied to 7. The major function of the
those who commit acts defined prosecution component of the
as crimes: Criminal Justice System:
A. Ethics C. Conduct A. To enforce the laws of the
B. Law D. Justice land
B. To rehabilitate prisoners
3. Which of the following is
procedurally correct? C. To represent government in
A. All persons under custody criminal cases
have the right to bail D. All of these
B. Venue and jurisdiction are
the same 8. What do you call measures
C. When person acted in self other than judicial
defense and killed proceedings used to deal with
another, the former must not a young person alleged to
be charged of any crime have committed an offense:
D. Venue and jurisdiction are A. Rehabilitation
different concepts
B. Alternative Measures
4. The reduction or C. Individual response against
elimination of desire and bad behavior
opportunity to commit crime: D. Extrajudicial proceedings
A. Law Enforcement
B. Crime Prevention 9. What do you call the
C. Protection of rights psychological, emotional and
D. Order Maintenance behavioral reactions and
deficits of women victims
5. Criminals who acted under and their inability to respond
the impulse of an effectively to repeated
uncontrollable emotions on physical and psychological
occasions during otherwise violence?
moral lives: A. Schizophrenia
A. Seasonal Criminals
B. Abused Woman
C. Battered Woman Syndrome 14. Which of the following
D. Rape Trauma Syndrome appropriately describes
mesomorphic?
10. The legal doctrine A. Weak and fragile with
establishing court as withdrawn behavior
determiner of best environment B. Muscular and hard physique.
for raising child which is an C. The muscular and
alternative to the Parens beautifully shaped.
Patriae doctrine: D. The fat and soft body type.
A. Rights of Society
15. According to differential
B. Miranda Doctrine association theory, criminal
C. Best Interest of the Child behavior is:
Rule A. A result of psychological
D. Parental Obligations disturbance
B. An innate quality of
11. What stage is the badness
performance of the crisis C. Learned and not inherited
management plan when a crisis D. Inherited and not learned
situation occurs?
A. Pro-active Phase 16. Classical criminology of
C. Prediction thoughts in criminology is
B. Reactive Phase based on the principle of
D. None of this freewill. The positivist
thought is based on:
12. A phenomenon where the A. Darwinism
hostage begins to identify his B. Natural selection
captor and give his sympathy C. Cesare Lombroso
to his own hostage D. Determinism
taker:
A. Holmshock syndrome 17. Which of the following
B. Traumatic neuroses statements does not pertain to
Classical Criminology?
C. Withdrawal syndrome A. The classical criminology
D. Stockholm syndrome was spearheaded by Bentham and
Becarria.
13. John engaged in multiple B. The classical school of
means of torture, using criminology is an advocate of
psychological torment combined punishment as a deterrent to
with physical methods to crime.
lighten his sexual arousal is C. The classical school of
suffering from…. criminology argues hat
A. Sexual pyromania criminals were primitive
B. Sadism creatures, incapable of living
C. Sexual torture normally in society.
D. Masochism D. The classical school of
criminology also argued that
nature has placed mankind
under the governance of two
sovereign masters, “pain” and
“pleasure”.
18. What is the doctrine that
requires a process of
resolving conflicts with the
maximum involvement of the
victim, the offender and the
community:
A. Proactive justice
B. Restorative justice
C. Reactive justice
D. None of these
19. The offense where there is
no private offended party:
A. Status offense
B. Victimless crime
C. Minor crime
D. Light felony
20. Which of the following is
not procedurally correct?
A. As long as the offense
committed is not punishable by
Reclusion Perpetua, life
imprisonment, or death, bail
is a matter of right.
B. Before and after conviction
with the Municipal Trial
Court, bail is a matter of
right.
C. Arraignment of the accused
is mandatory.
D. Miranda right was derived
from the case of Miranda
versus Arizona
21. A summary and informal
investigation conducted by a
public prosecutor in criminal
cases involving persons
arrested or detained without
the benefit of a warrant of
arrest by the court for the
purpose of determining whether
or not said persons should
remain under the custody and
correspondingly by charged
before the court:
A. Preliminary investigation
B. Summary hearing
C. Inquest proceeding
D. Trial or hearing
22. Which of the following is
not a private crime?
A. Concubinage C.
Seduction
B. Adultery D. Rape
23. The age when a child,
fifteen years old and above
but below eighteen years of
age, commits an offense with
discernment:
A. Criminal responsibility
B. Exemption from criminal
responsibility
C. Discernment
D. Age of criminal
responsibility
24. Refers to the apprehension
or taking into custody of a
child in conflict with the law
enforcement officers or
private citizens:
A. Arrest
B. Search and seizure
C. Initial contact
D. Taking into custody
25. The best evidence to prove
the age of the child is:
A. Original copy of
certificate of live birth.
B. Statement of the parents
C. Certified true copy of live D. RTC designated as Family
birth court
D. A and C are correct.
28. Which of the following in
26. Which of the following not true about social process
does not belong to the theories?
procedure for handling A. Criminality is the function
children exempted from of individual socialization
criminal responsibility? B. All people, regardless of
A. The authority shall race, class, or gender, has
immediately notify the local the potential to become
social welfare and development delinquents or criminals
officer of the taking of C. Criminal behavior is
the child into custody. learned.
B. The local social welfare D. Crime is the outcome of
and development officer class struggle.
shall with the consent of the
child and 29. Refers to the ability of
the persons having custody persons and groups to
over the child, determine the determine and control the
appropriate intervention behavior of others and to
program for the child. shape public opinion to meet
C. The authority shall their personal interests.
immediately bring the child A. Desire C. Influence
to the nearest police station.
D. The authority shall B. Wealth D. Power
immediately release the
child to the custody of the 30. The process by which an
mother or father or the organization deals has a major
appropriate guardian or unpredictable event that
custodian, or in their threatens to harm the
absence, the nearest relative. organization, its
stockholders, or the general
27. Any criminal or civil public.
action involving a child in A. Disaster preparedness
conflict with the law shall be
instituted and tried in B. Crisis management
the appropriate court nearest
the place where the offense C. Organizational planning
was committed or any of its D. Anti-terrorism
essential elements
occurred. The appropriate 31. Refers to what management
court refers to: does and says after the crisis
A. Family court hits.
A. Planning
B. Metropolitan trial court
C. Regional trial court
B. Intelligence information D. Differential reinforcement

C. Rescue operation 37. The elements of social

D. Deception bond are:
1. Attachment 6. Esteem
32. False information about an 2. Love 7. Commitment
organization or its products 3. Containment 8.
creates crisis hurting the Neutralization
organization’s 4. Belief 9. Involvement
reputation. 5. Control 10. Family
A. Information
A. 1,2,3,4,5 C. 1,4,7,9
B. Intelligence information B. 4,7,9,10 D. 4,6,7,9
C. Rumors
D. Deception 38. Social bond theory was
articulated by:
33. Refers to policy enacted A. Walter Reckless C. David
by governments to ensure the Matza
survival and safety of the B. Travis Hirschi D.Howard
nation-state, including Kaplan
but not limited to the
exercise of diplomatic, 39. The premeditated,
economic, and military power politically motivated violence
in both peace and war. perpetrated against non
A. Security combatant targets by sub
B. Survival training national or clandestine
C. National security agents, usually intended to
D. Sate of calamity influence and audience:
A. Terror C. Guerilla
34. The word rape is derived warfare
from the latin term “rapere”, B. Terrorism D. Little war
which means:
A. Forced sexual act 40. Violent acts directed
B. Acts of lasciviousness toward a particular person or
C. Coitus members of groups merely
D. To take by force because the targets share
discernable racial, ethnics,
35. The Anti-Fencing law. religious, gender
A. PD 1216 C. PD 1621 characteristics:
B. PD 1612 D. PD 1261 A. Hate C. Terrorism
B. Crime D. Hate crimes
36. Which of the following
does not belong to the group? 41. An act committed by a man
A. Cultural deviance theory habitually indulged in sexual
B. Social disorganization intercourse or lascivious
theory conduct for money or profit is
C. Strain theory prostitution:
A. False C. Partly false and usually make their both
B. True D. Partly true ends meet by extorting money
from shopkeepers.
42. What law punished illegal B. They belong to families
gambling? which are professionally
A. PD 1602 C. PD 6102 criminal.
B. PD 1620 D. PD 6120 C. Such people are indifferent
to moral principles or even
43. Who gave the traditional contemptuous of moral values.
definition of white collar D. Those who are motivate to
crime? crime by a feeling of revenge,
A. Edwin Sutherland enmity or a desire to settle
B. Cesare Lombroso the score.
C. Travis Hirschi
D. Konrad Lorenz 47. Who are the primary
advocate of social reaction
44. A principle which states theory in criminology?
that man by nature always A. Edwin Lemert and Frank
tries to maximize pleasure and Tannenbaum
avoid pain: B. Edwin Sutherland and Cesare
A. Atavism Lombroso
B. Ecological theory C. Travis Hirshi and Davis
C. Social disorganization Matza
D. Hedonism D. Gresham Sykes and Davis
Matza
45. The purpose of penalty in
the positivist school of 48. Which of the following
criminology is: statement is not true about
A. Punishment C. Death social bond theory?
penalty A. All individuals are
B. Rejection D. Reformation potential law violators, but
they are kept under control
46. Garofalo classifies because they fear that illegal
criminals into four behavior will damage their
categories; relationship with the members
1. strange or bizarre criminal of society whom have has
2. dangerous criminals strong bonds or ties.
3. cruel and dishonest B. People commit crime when
criminals the forces that bind them to
4. loafers society are weakened or
broken.
Which of the following C. A strong self image
statement is true about insulates a youth from the
loafers? pressures and pulls of
A. Persons who are away from criminogenic influences in the
homes and take vagabondage. environment.
They engage in street brawls
D. Crime is the by-product of
learning the norm, values, and 53. One of the basic elements
behaviors associated with of classical theory is that,
criminal most crimes, other than those
activity. due to mental problems would
be eliminated in a socialist
49. He stated that criminality system in which the goods and
may be the result of wealth of a society would
inadequate development of a be equally distributed. This
sense of identity or the statement is not true:
result of a sense of A. True C. Partly
inferiority or inadequacy: true
A. Erich Fromm B. Partly false D. False
B. Sigmund Freud
C. Erik Erikson 54. The number of crime
D. Seymour Halleck incidents in a given period of
time for every 100,000
50. Which of the following is inhabitants of an area or
not a victimless crime? place:
A. Robbery A. Crime rate
B. Sigmund Freud
C. Gambling B. Crime solution efficiency
D. Seymour Halleck C. Solved cases
D. Non-index crimes
51. In victimless crime, the
direct victim is: 55. The total number of
A. Government reported crime incidents in
B. Family of the offended the given period of time
party regardless of the number
C. The person whose property of perpetrators:
was taken A. Crime rate C. Non-index
D. Illegal possession of crime
firearm B. Crime volume D. Index crime

52. The purpose of Classical 56. Occurs when someone tries

theory of criminology is: to get into the website to
A. The application of take information without
scientific methods to the authorization or to damage the
study of the criminal as an computer or its network:
individual A. Computer bug
B. Reform of the judicial
system B. Virus
C. Reformation and C. Computer hacking
rehabilitation of the D. Computer spamming
offender.
D. Scientific treatment,
alteration or elimination.
57. Offenders who commit acts D. Cesare Lombroso, Cesare
of violence on rare occasions, Becarria, Rafaelle
often under provocation: Garofalo.
A. Culturally violent
offenders 62. Who is the primary
B. Situational violent advocate of positivism in
offenders criminology?
C. Criminally violent A. August Comte
offenders B. Cesare Lombroso
D. Pathologically violent C. Cesare Becarria
offenders D. Charles Goring

58. Known as the oldest 63. Ongoing criminal

profession: enterprise groups whose
A. Prostitution ultimate purpose is personal
economic gain through
B. Chief Executive Officer illegitimate means:
C. Adultery A. Organized crime
D. Concubinage B. Client fraud
C. Internet crimes
59. What law punishes illegal D. Computer crimes
possession of firearm?
A. PD 1686 C. PD 6618 64. It is a game or scheme the
B. PD 1866 D. PD 8616 result of which depends wholly
or chiefly upon chance or
60. Who are the primary hazard:
advocate of social A. Gambling
disorganization theory? B. Chance
A. Henry Mckay and Clifford R. C. Match making
Shaw D. Game
B. Emile Durkheim and Robert
Merton 65. The holding in abeyance of
C. Henry Shaw and Clifford R. the service of the sentence
Shaw imposed by the court upon a
D. Rafaeli Garofalo and Enrico finding of guilt of the
Feri child in conflict with the law
whereby the child undergo
61. The Holy three of rehabilitation within a fixed
Criminology are: period under such terms and
A. Enrico Ferri, Rafaelle conditions as may be ordered
Garofalo, and Charles by the court:
Goring A. Reprieve
B. Robert Dugdale, Henry H. B. Pardon
Goddard, and William Sheldon C. Suspended sentence
C. Cesare Lombroso, Enrico D. Probation
Ferri and Rafaelle Garofalo
66. The first stage of
psychosexual development: 71. The purpose of arraignment
A. Oral stage is:
B. Anal stage A. To inform the accused of
C. Genital the nature of the offense
committed by him:
67. A personality disorder B. To identify the accused.
characterize by extreme C. For the judge to identify
dependence on other people. the accused
These persons usually D. For the witness to identify
build their lives around other the accused
persons involved with them:
A. Anti social C. 72. A warrant of arrest
Compulsive expires within 10 days from
B. Paranoid D. issuance if not executed
Dependent within the same period:
A. True C. Partially
68. A person suffering from true
this type of personality B. False D. Partially
disorder is characterized by false
hypersensitivity, envy,
suspiciousness, rigidity, 73. In this theory propose by
excessive self importance and Walter Reckless, strong self
argumentativeness: image insulates a youth from
A. Anti social C. the pressures and pulls
Compulsive of criminogenic influences in
B. Paranoid D. the environment:
Dependent A. Containment theory

69. The raw, unorganized, B. Social bond theory

inherited part of personality C. Social control theory
whose purpose is to reduce D. Neutralization theory
tension created by primitive
drives related to hunger, sex, 74. Which of the following
aggression, and irrational does not belong to the group?
impulses: A. There must be a statute
A. Id C. Superego promulgated by the state
B. Ego D. Psychoanalytical B. Penal laws must be of
general application
70. A disrupting, fear- C. The law or statute must
mediated avoidance that is out have penal sanction
of proportion to the danger D. The law or statute must be
posed by a particular object of general application.
or situation and is recognized
by the sufferer as groundless: 75. That branch of public law
A. Compulsion C. Phobia which defines crimes treats of
B. Impulsion D. Amnesia
their nature and provides for
their punishment: 80. A combination of the
A. Law C. Criminal law elements of strain and social
B. Criminal D. Criminality disorganization. According to
this theory, because
76. Preserved on basalt rock strain and social isolation, a
columns, the code set out unique lower-class culture
crimes and their corresponding develops in disorganized
punishment. Punishment neighborhoods:
was based on physical A. Cultural deviance theory
retaliation: B. Strain theory
A. The secret code
C. Social disorganization
B. Code of Hammurabi theory
D. Containment theory
C. Mosaic code
D. The code twelve tables 81. It viewed disadvantage
economic class position as a
77. Those so serious in their primary cause of crime. It
effects on society as to call suggests that social and
for unanimous condemnation of economic forces operating in
its members: deteriorated class areas push
A. Crime Mala inse many of their residents into
B. Crime Mala prohibita criminal behavior patterns:
C. Crime Maia inse A. Strain theory
D. Crimes
B. Cultural deviance theory
78. A modification of C. Social Structure
classical theory which D. Differential reinforcement
basically admitted
environment, psychological, 82. It focuses on the
and other mitigating conditions within the urban
circumstances as modifying environment that affect crime
conditions to classic rates:
doctrine: A. Social disorganization
A. Classical theory B. Strain theory
B. Positivism
C. Neoclassical theory C. Cultural deviance theory
D. Theory of atavism D. Social structure theory

79. Who is the author of the 83. Adolphe Quetelet in his

essay “On Crimes and famous ________, he claimed
Punishment”? that crime against persons
A. Cesare Becarria increase in equatorial climate
B. Jeremy Bentham while crimes against property
C. Willem Bonger are prevalent in colder
D. Karl Marx climates:
A. Ecological theory B. Organized crime employs
predatory tactics, such as
B. Thermic law of crime intimidation, violence, and
C. Temperature of crime corruption.
D. Hot case C. Organized crime has
economic gain as its primary
84. The foremost early Marxist goal, although power and
criminologist whose noted work status may
was “Criminality and Economic also be motivating factors.
Conditions”. He viewed the D. Organized crime is
criminal law as primarily conspiratorial activity
protecting the interest of the
propertied class: 88. Refer to the morally tinge
A. Karl Marx influences that have become
entrenched in the culture but
B. Willem Bonger are publicly condemned.
C. Ander-Michel Guerry They exist side by side with
D. William Sheldon conventional values and while
condemned in public may be
85. Through the systematic admired or practice in
application of the scientific private:
method, the positivists seek A. Guilty pleasure
to uncover the basic
cause of crime and once B. Subculture of violence
discovered, to prescribe C. Subterranean values
appropriate treatments in D. Moral Values
order to cure the individual
criminal. This statement is 89. Public official and
false: employee shall at all times be
A. True C. Maybe false loyal to the Republic of the
B. False D. Maybe True Philippines and to the
Filipino people, promote the
86. Acts considered illegal use of Filipino or locally
because they conflict with produced goods. This
social policy, accepted moral exemplified:
rules, and public opinion: A. Commitment to Filipino
A. Public order crime B. Nationalism
B. Criminality C. Patriotism
C. Victimless crime D. B and C
D. A and C are correct E. Commitment to public
interest
87. Which of the following is
not true about organized 90. The Strength or firmness
crime? of the mind that enables a
A. Organized crime includes person to face danger, pain or
terrorist dedicated to despondency:
political change. A. Justice
B. Temperance excuses no one from compliance
C. Prudence therewith:
D. Fortitude A. Actus me invitus factus non
est meus actus
91. A person who is under B. Dura lex sed lex
custodial investigation is C. Nullum crimen nula poena
basically protected by a sine lege
number of rights mandated D. Ignorantia legis neminem
under the constitution and excusat
this was even expounded in the
legislative statute known as? 96. The Philippine Criminal
A. Miranda Doctrine Justice system is composed of
B. Bill of Rights five pillars. Which of the
C. R.A. 7438 following is not included
D. R.A. 6975 among the pillars of the
Philippine Criminal Justice
92. This is the law that System?
reorganized the Judiciary. A. Law enforcement
Otherwise known as Judiciary B. Prosecution
Reorganizational Act: C. Legislative Branch
A. R.A. 229 C. E.O. 129 D. Court
B. BP 129 D. P.D. 29
97. Suspect is a person who is
93. It is the study of the being implicated to the
laws and its effect or impact commission of a crime and
to the society: subject of an investigation.
A. Criminology Who is that person who is
B. Victimology subject of preliminary
C. Criminal Justice investigation?
D. Sociology of law A. Convict C. Respondent
B. Accused D. Suspect
94. It refers to the study of
the various agency of our 98. Prison is a place for
government in charge of confinement of convicted
processing law violators to prisoners. What classification
ensure the protection of the of prisoners is sentenced to
society and maintenance of serve a prison term of one day
peace and order: to three (3) years or whose
A. Criminology fine is less than 6,000 but
B. Victimology more than 200 or both?
C. Criminal Justice A. National or insular
D. Sociology prisoner
B. City prisoner
95. It is that principle of C. Provincial prisoner
criminal law which states that
--- Ignorance of the law D. Municipal prisoner
99. Prisons are institution which consists of how many
for confinement of convicted members?
offenders sentenced to more A. 3 members
than three (3) years of B. 10 to 20 members
imprisonment. It is derived C. 5 to 10 members
from the Greco-Roman word? D. 5 members
A. Presinto C. Precindio
B. Presidio D. Precinto

100. The Lupon Tagapamayapa is

consists of about 10 to 20 --------NOTHING
members from which the Pangkat
FOLLOWS-----
Tagapagkasundo is derived

QUALIFYING EXAMINATION ANSWER SHEET

NAME: ___________________________________ SET OF QUESTIONNAIRE: ______

YEAR AND SECTION: ______________________ DATE: ________________________

A B C D A B C D

1.     51.    
2.     52.    
3.     53.    
4.     54.    
5.     55.    
6.     56.    
7.     57.    
8.     58.    
9.     59.    
10.     60.    
11.     61.    
12.     62.    
13.     63.    
14.     64.    
15.     65.    
16.     66.    
17.     67.    
18.     68.    
19.     69.    
20.     70.    
21.     71.    
22.     72.    
23.     73.    
24.     74.    
25.     75.    
26.     76.    
27.     77.    
28.     78.    
29.     79.    
30.     80.    
31.     81.    
32.     82.    
33.     83.    
34.     84.    
35.     85.    
36.     86.    
37.     87.    
38.     88.    
39.     89.    
40.     90.    
41.     91.    
42.     92.    
43.     93.    
44.     94.    
45.     95.    
46.     96.    
47.     97.    
48.     98.    
49.     99.    
50.     100.   