1.
An Applied Science – Anthropology, psychology, sociology
REVIEW NOTES IN
SOCIOLOGY OF CRIMES
AND ETHICS
INTRODUCTION TO CRIMINOLOGY
HUMAN BEHAVIOR & CRISIS
MANAGEMENT
JUVENILE DELINQUENCY & CRIME
PREVENTION
CRIMINOLOGICAL (POLICE) ETHICS
CRIMINAL JUSTICE SYSTEM
INTRODUCTION TO CRIMINOLOGY
CRIMINOLOGY defined
Criminology is a body of knowledge regarding delinquency
and crime as a social phenomenon (Tradio, 1999). It may also refer
to the study of crimes and criminals and the attempt of analyzing
scientifically their causes and control and the treatment of criminals.
Criminology is a multidisciplinary study of crimes (Bartol,
1995). This means that many disciplines are involved in the collection
of knowledge about criminal action, including, psychology, sociology,
anthropology, biology, neurology, political science and economics.
But over the years, sociology, psychology, and psychiatry have
dominated the study of crime.
Sub-Fields of Criminology
Sociological Criminology – the study of crime focused on
the group of people and society as a whole. It is primarily based on
the examination of the relationship of demographic and group
variables to crime. Variables such as socioeconomic status,
interpersonal relationships, age, race, gender, and cultural groups of
people are probed in relation to the environmental factors that are
most conducive to criminal action, such as time, place, and
circumstances surrounding the crime.
Psychological Criminology – the science of behavior and
mental processes of the criminal. It is focused on the individual
criminal behavior-how it is acquired, evoked, maintained, and
modified. Both the environmental and personality influences are
considered, along with the mental processes that mediate the
behavior.
Psychiatric Criminology – the science that deals with the
study of crime through forensic psychiatry, the study of criminal
behavior in terms of motives and drives that strongly relies on the
individual. (Psychoanalytic Theory - Sigmund Freud – traditional
view). It also explains that criminals are acting out of uncontrollable
animalistic, unconscious, or biological urges (modern view).
Scope of the Study of Criminology
1. Criminal Behavior or Criminal Etiology - the scientific
analysis of the causes of crime;
2. Sociology of Law - the study of law and its application;
3. Penology or Correction - the study that deals with
punishment and the treatment of criminals;
4. Criminalistics or Forensic Science - one more area of
concern in crime detection and investigation.
Nature of Criminology
Understanding crime is as complex as other fields of
interest. It requires therefore a systematic and balanced knowledge
in the examination of why they exist. In this sense, criminology is:
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and other natural sciences may be applied in the study of
the causes of crime while chemistry, medicine, physics,
mathematics, etc. maybe utilized in crime detection.
2. A Social Science – Inasmuch as crime is a societal
creation and that it exists in a society, its study must be
considered a part of social science.
3. Dynamic – Criminology changes as social condition
changes. That means the progress of criminology is
concordant with the advancement of other sciences that
have been applied to it.
4. Nationalistic – The study of crime must always be in
relation with the existing criminal law with in the territory.
OBJECT OF INTEREST IN CRIMINOLOGY
CRIME
In as much as the definition of crime is concerned, many
field of study like law, sociology and psychology have their respective
emphasis on what crime is.
Crime may be defined as:
 An act or omission in violation of a criminal law in its legal
point of view.
 An anti-social act; an act that is injurious, detrimental or
harmful to the norms of society; they are the unacceptable
acts in its social definition.
 Psychologically, crime is an act, which is considered
undesirable due to behavioral maladjustment of the
offender; acts that are caused by maladaptive or abnormal
behaviors.
CRIME is also a generic name that refers to offense, felony
and delinquency or misdemeanor.
 Offense – is an act or omission that is punishable by
special laws ( a special law is a statute enacted by
Congress, penal in character, which is not an amendment
to the Revised Penal Code) such as Republic Acts,
Presidential Decrees, Executive Orders, Memorandum
Circulars, Ordinances and Rules and Regulations ( Reyes,
1960)
 Felony – is an act or mission that is punishable by the
Revised Penal Code, the criminal law in the Philippines
(Reyes, 1960).
 Delinquency/Misdemeanor – acts that are in violation of
simple rules and regulations usually referring to acts
committed by minor offenders.
Criminological Classification of Crime
Crimes are classified in order to focus a better
understanding on their existence. Criminologists consider the
following as criminological classification of crimes (Criminology
Reviewer, 1996).
 Acquisitive and Extinctive Crimes - Acquisitive Crime is
one which when committed, the offender acquires
something as a consequence of his criminal act. The crime
is extinctive when the result of criminal act is destruction.
 Seasonal and Situational Crimes - Seasonal crimes are
those that are committed only at certain period of the year
while situational crimes are those that are committed only
when given a situation conducive to its commission.
 Episodic and Instant Crimes - Episodic crimes are serial
crimes; they are committed by series of act within a lengthy
space of time. Instant crimes are those that are committed
the shortest possible time.
 Static and Continuing Crimes - Static crimes are crimes
that are committed only in one place. Continuing crime are
crimes that are committed in several places.
 Rational and Irrational Crimes - Rational crimes are those
committed with intent; offender is in full possession of his
mental faculties /capabilities while Irrational crimes are
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 committed without intent; offender does not know the
nature of his act.
 White Collar and Blue Collar Crimes - White Collar Crimes
are those committed by a person of responsibility and of
upper socio-economic class in the course of their
occupational activities. Blue Collar Crimes are those
committed by ordinary professionals to maintain their
livelihood.
 Upper World and Underworld Crimes - Upper World
Crimes are those committed by individuals belonging to the
upper class of society. Under World Crime are committed
by members of the lower or under privilege class of society.
 Crimes by Imitation and Crimes by Passion - Crimes by
Imitation are crimes committed by merely duplication of
what was done by others. Crimes by Passion are crimes
committed because of the fit of great emotions.
 Service Crimes - Service Crime refers to crimes committed
through rendition of a service to satisfy desire of another.
Legal Classification of Crimes
Under the law, crimes are classified as:
 Crimes against National Security and the Law of Nations -
Example – Treason, Espionage, Piracy
 Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of
Domicile
 Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
 Crimes against Public Interest.
Example – Forgery, Falsification, Fraud
 Crimes against Public Morals
Example – Gambling and betting, offences
against decency and good customs like scandals,
obscenity, vagrancy, and prostitution
 Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
 Crimes against Person
Example – Murder, Rape, Physical Injuries
 Crimes against Properties
Example – Robbery, Theft
 Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping,
Trespass to Dwelling, Threat and Coercion
 Crimes against Chastity
Example – Concubinage, Adultery, Seduction,
Abduction, Acts of Lasciviousness
 Crimes against Civil Status of Persons
Example – Bigamy and Other Illegal Marriages
 Crimes against Honor
Example – Libel, Oral Defamation
 Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence
THE CRIMINAL
On the basis of the definition of crime, a criminal may be defined in
three ways:
 A person who committed a crime and has been convicted
by a court of the violation of a criminal law. (legal definition)
 A person who violated a social norm or one who did an
anti-social act. (social definition)
 A person who violated rules of conduct due to behavioral
maladjustment. (psychological definition)
Criminological Classification of Criminals
Based on Etiology
 Acute Criminal is one who violates a criminal law because
of the impulse or fit of passion. They commit passionate
crimes.
 Chronic Criminal is one who commits crime acted in
consonance of deliberated thinking. He plans the crime
ahead of time. They are the targeted offenders.
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Based on Behavioral System
 Ordinary Criminal is considered the lowest form of criminal
in a criminal career. He doesn’t stick to crime as a
profession but rather pushed to commit crimes due to great
opportunity.
 Organized Criminal is one who associates himself with
other criminals to earn a high degree of organization to
enable them to commit crimes easily without being
detected by authorities. They commit organized crimes.
 Professional Criminal is a person who is engaged in
criminal activities with high degree of skill. He is usually
one who practices crime as a profession to maintain a
living.
Based on Activities
 Professional Criminals are those who practice crime as a
profession for a living. Criminal activity is constant in order
to earn skill and develop ability in their commission.
 Accidental Criminals are those who commit crimes when
the situation is conducive to its commission.
 Habitual Criminals are those who continue to commit crime
because of deficiency of intelligence and lack of self –
control.
Based on Mental Attitudes
 Active Criminals are those who commit crimes due to
aggressiveness.
 Passive Inadequate Criminals are those who commit
crimes because they are pushed to it by reward or promise.
 Socialized Delinquents are criminals who are normal in
behavior but defective in their socialization process or
development.
Based on Legal Classification
 Habitual Delinquent is a person who, with in a period of ten
years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery,
estafa, or falsification, is found guilty of any of the said
crimes or a third time oftener.
 Recidivist is one who, at the time of his trial for one crime,
shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised
Penal Code.
CRIMINAL BEHAVIOR
Crime in its legal definition may constitute an intentional act
in violation of the criminal law and penalized by the state a felony,
offense or misdemeanor. Criminal behavior, therefore, is an
intentional behavior that violates a criminal code (Bartol, 1995).
Criminal behavior may also refer to the study of the human
conduct focused on the mental processes of the criminal: the way he
behaves or acts including his activities and the causes and
influences if his criminal behavior.
VICTIMS OF CRIME
Victimology is simply the study of victims of crimes and
contributory role, if any, in crime causation. It is also the scientific
process of gaining substantial amounts of knowledge on offender
characteristics by studying the nature of victims. (Schmalleger,
1997).
PENOLOGY (CORRECTION)
This is another object of interest of criminology that deals
with punishment of criminal offenders. Punishment is justified by
deterrence, retribution, atonement, societal protection, and
reformation of criminals.
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APPROACHES AND THEORIES OF CRIME
SUBJECTIVE APPROACHES - deals mainly on the
biological explanation of crimes, focused on the forms of
abnormalities that exist in the individual criminal before, during and
after the commission of the crime (Tradio, 1999). Included under this
approach are:
1. Anthropological Approach – the study on the physical
characteristics of an individual offender with non-offenders
in the attempt to discover differences covering criminal
behavior (Hooton).
2. Medical Approach - the application of medical
examinations on the individual criminal explain the mental
and physical condition of the individual prior and after the
commission of the crime (Positivist).
3. Biological Approach –the evaluation of genetic influences
to criminal behavior. It is noted that heredity is one force
pushing the criminal to crime (Positivist).
4. Physiological Approach – the study on the nature of human
being concerning his physical needs in order to satisfy his
ants. It explains that the deprivation of the physical body on
the basic needs is an important determiner of the
commission if crime (Maslow).
5. Psychological Approach – it is concerned about the
deprivation of the psychological needs of man, which
constitute the development of deviations of normal
behavior resulting to unpleasant emotions (Freud, Maslow).
6. Psychiatric Approach – the explanation of crime through
diagnosis of mental diseases as a cause of the criminal
behavior (Positivist).
7. Psychoanalytical Approach – the explanation of crimes
based on the Freudian Theory, which traces behavior as
the deviation of the repression of the basic drives (Freud).
OBJECTIVE APPROACHES - The objective approaches
deal on the study of groups, social processes and institutions as
influences to behavior. They are primarily derived from social
sciences (Tradio, 1999). Under this are:
1. Geographic Approach – this approach considers
topography, natural resources, geographical location, and
climate lead an individual to commit crime (Quetelet).
2. Ecological Approach – it is concerned with the biotic
grouping of men resulting to migration, competition, social
discrimination, division of labor and social conflict as
factors of crime (Park).
3. Economic Approach – it deals with the explanation of crime
concerning financial security of inadequacy and other
necessities to support life as factors to criminality (Merton).
4. Socio – Cultural Approach – those that focus on
institutions, economic, financial, education, political, and
religious influences to crime (Cohen).
THEORIES OF CRIME AND THE PIONEERS
PRE-CLASSICAL ERA
The Demonological Theory - Before the development of
more scientific theories of criminal behavior, one of the most popular
explanations was Demonology (Hagan, 1990). According to this
explanation individuals were thought to be possessed by good or evil
spirits, which caused good or evil behavior. The theory maintains that
criminal behavior was believed to be the result of evil spirits and
demons something of natural force that controls his/her behavior.
Centuries ago, Guilt and innocence were established by a variety of
procedures that presumably called forth the supernatural allies of the
accused. The accused were innocent if they could survive an ordeal,
or if miraculous signs appeared. They were guilty if they died at
stake, or if omens were associated with them (Bartol, 1995). Harsh
punishments were also given.
PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 -
1798)
In the eighteenth century, criminological literature, whether
psychological, sociological, or psychiatric in bent, has traditionally
been divided into three broad schools of thought about the causes of
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crime: the classical, neo-classical and the positivist schools of
criminology.
The Classical School of Criminology
This is the school of thought advocated by Cesare
Beccaria whose real name is Cesare Bonesara Marchese de
Beccaria together with Jeremy Bentham (1823) who proposed
“Utilitarian Hedonism”, the theory, which explains that a person
always acts in such a way as to seek pleasure and avoid pain.
Cesare Beccaria in his “ESSAY on Crimes and
Punishment” presented his key ideas on the abolition of torture as a
legitimate means of extracting confessions. The Classical theory
maintains that man is essentially a moral creature with absolute free
will to choose between good and evil therefore tress is placed upon
the criminal himself; that every man is responsible for his act.
Freewill (Beccaria) – a philosophy advocating punishment severe
enough for people to choose, to avoid criminal acts. It includes the
belief that a certain criminal act warrants a certain punishment
without any punishment without any variation. Hedonism (Bentham)
– the belief that people choose pleasure and avoid pain.
The Neo-Classical School of Criminology
The neo-classical school of criminology argued that
situations or circumstances that made it impossible to exercise
freewill are reasons to exempt the accused from conviction. This
school of thought maintains that while the classical doctrine is correct
in general, it should be modified in certain details, that children and
lunatics should not be regarded as criminals and free from
punishment, it must take into account certain mitigating
circumstances.
The Positivist/Italian School (1838 – 1909)
It maintained that crime as any other act is a natural
phenomenon and is comparable to disaster or calamity. That crime
as a social and moral phenomenon which cannot be treated and
checked by the imposition of punishment but rather rehabilitation or
the enforcement of individual measures. Cesare Lombroso and his
two students, Enrico Ferri and Rafaele Garofalo advocated this
school.
Cesare Lombroso (1836 – 1909) – The Italian leader of the
positivist school of criminology, was criticized for his methodology
and his attention to the biological characteristics of offenders, but his
emphasis on the need to study offenders scientifically earned him the
“father of modern criminology.” His major contribution is the
development of a scientific approach to the study of criminal behavior
and to reform the criminal law. He wrote the essay entitled “CRIME:
Its Causes and Remedies” that contains his key ideas and the
classifications of criminals.
Classifications of Criminals by Lombroso
1. Born Criminals – there are born criminals according to
Lombroso, the belief that being criminal behavior is
inherited.
2. Criminal by Passion – are individuals who are easily
influenced by great emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to
abnormalities or psychological disorders. They should be
exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less
physical stamina/self self control.
5. Occasional Criminal – are those who commit crime due to
insignificant reasons that pushed them to do at a given
occasion.
6. Pseudo-criminals – are those who kill in self-defense.
Enrico Ferri (1856 – 1929) – He was the best-known
Lombroso’s associate. His greatest contribution was his attack on the
classical doctrine of free will, which argued that criminals should be
held morally responsible for their crimes because they must have
made a rational decision to commit the crime.
Raffaele Garofalo ( 1852 – 1934) – Another follower of
Lombroso, an Italian nobleman, magistrate, senator, and professor of
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 law. Like Lombroso and Ferri, he rejected the doctrine of free will and
supported the position that the only way to understand crime was to a. Endomorphy – a type with relatively
study it by scientific methods. Influenced on Lombroso’s theory of predominance of soft, roundness through out the
atavistic stigmata (man’s inferior/ animalistic behavior), he traced the regions of the body. They have low specific
roots of criminal behavior not to physical features but to their gravity. Persons with typically relaxed and
psychological equivalents, which he called “moral anomalies”. comfortable disposition.
b. Mesomorphy – athletic type, predominance of
The Classical and Positivist School Compared muscle, bone and connective tissue, normally
heavy, hard and firm, sting and tough. They are
the people who are routinely active and
sical School Positivist School aggressive, and they are the most likely to
commit crimes.
 Legal definition of crime  No to legal definition c. Ectomorphy – thin physique, flat chest, delicacy
 Punishment fit the crime  Punishment fit the criminal through the body, slender, poorly muscled. They
 Doctrine of free will  Doctrine of determinism tend to look more fatigue and withdrawn.
 Death penalty allowed  Abolition of death penalty
 No imperical research  Inductive method 3. Edwin Sutherland (1883 - 1950) - Sutherland has been
 Definite sentence  Indeterminate sentence referred to as “the most important criminologist of the
twentieth century” because his explanation about crime
and criminal behavior can be seen as a corrected
extension of social perspective. For this reason, he was
EARLY TWENTIETH CENTURY THEORIES
considered as the “Dean of Modern Criminology.” He said
that crime is learned and not inherited.
1. David Emile Durkheim (French, 1858 - 1917) - He
advocated the “Anomie Theory”, the theory that focused on
He advocated the DAT – Differential Association Theory,
the sociological point of the positivist school, which
which maintain that the society is composed of different
explains that the absence of norms in a society provides a
group organization, the societies consist of a group of
setting conductive to crimes and other anti-social acts.
people having criminalistic tradition and anti-criminalistic
According to him, the explanation of human conduct lies
tradition. And that criminal behavior is learned and not
not in the individual but in the group and the social
inherited. It is learned through the process of
organization.
communication, and learning process includes technique of
committing the crime, motive and attitude.
2. Sigmund Freud (1856 - 1969) - Psychologists have
considered a variety of possibilities to account for individual
4. Walter Reckless (1899 - 1988) - The Containment Theory
differences – defective conscience, emotional immaturity,
assumes that for every individual there exists a containing
inadequate childhood socialization, maternal deprivation,
external structure and a protective internal structure, both
and poor moral development. The Freudian view on
of which provide defense, protection or insulation against
criminal behavior was based on the use of Psychology in
crime or delinquency. According to Reckless, the outer
explaining an approach in understanding criminal behavior
structure of an individual are the external pressures such
– the foundation of the Psychoanalytical theory.
as poverty, unemployment and blocked opportunities while
the inner containment refers to the person’s self control
3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate
ensured by strong ego, good self image, well developed
of the scientific method in explaining criminality but he is a
conscience, high frustration tolerance and high sense of
sociologist. He advocated the “Human Ecology Theory”.
responsibility. (Adler, 1995)
Human Ecology is the study of the interrelationship of
people and their environment. This theory maintains that
5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940)
crime is a function of social change that occurs along with
-They are the proponents of the Social Class Conflict and
environmental change. It also maintains that the isolation,
Capitalism Theory. Marx and Engel claim that the ruling
segregation, competition, conflict, social contract,
class in a capitalist society is responsible for the creation of
interaction and social hierarchy of people are the major
criminal law and their ideological bases in the interpretation
influences of criminal behavior and crimes.
and enforcement of the laws. All are reflected in the ruling
class, thus crime and delinquency are reflected on the
MIDDLE TWENTIETH CENTURY
demoralized surplus of population, which is made up of the
underprivileged usually the unemployed and
1. Ernest Kretschmer (1888 – 1964) - The idea of
underemployed. Willem Bonger, a Marxist-Socialist, on the
somatotyping was originated from the work of a German
other hand, placed more emphasis on working bout crimes
Psychiatrist, Ernest Kretschmer, who distinguished three
of economic gain. He believes that profit -motive of
principal types of physique as:
capitalism generates an egoistic personality. Hence, crime
a. Asthenic – lean, slightly built, narrow shoulders
is an inevitable outcome.
b. Athletic – medium to tall, strong, muscular,
course bones
LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS
c. Pyknic – medium height, rounded figure, massive
neck, broad face
1. Robert King Merton (1910) - Robert Merton is the premier
sociologist of the modern days who, after Durkheim, also
Kretschmer related these body physique to
related the crime problem to anomie. He advocated the
various pychotic behavioral patterns: Pyknic to manic
Strain Theory, which maintains that the failure of man to
depression, asthenics and athletics to schizophrenia.
achieve a higher status of life caused them to commit
crimes in order for that status/goal to be attained. He
2. William H. Sheldon (1898 – 1977) - Sheldon is an
argued that crime is a means to achieve goals and the
influenced of the Somatotype School of Criminology, which
social structure is the root of the crime problem. Merton’s
related body built to behavior. He became popular of his
explanation to criminal behavior assumes that people are
own Somatotyping Theory. His key ideas are concentrated
law abiding but when under great pressure will result to
on the principle of “Survival of the Fittest” as a behavioral
crime.
science. He combines the biological and psychological
explanation to understand deviant behavior. Sheldon’s
2. Albert Cohen (1918) - He advocated the Sub-Culture
“Somatotyping Theory” maintains the belief of inheritance
Theory of Delinquency. Cohen claims that the lower class
as the primary determinants of behavior and the physique
cannot socialize effectively as the middle class in what is
is a reliable indicator of personality.
considered appropriate middle class behavior. Thus, the
lower class gathered together share their common
Classification of Body Physique by Sheldon
problems, forming a subculture that rejects middle class
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 values. Cohen called this process as reaction formation.
Much of this behavior comes to be called delinquent The history of criminology dates back from the works of
behavior; the subculture is called a gang and the kids are criminological thinkers or theorists in criminology. The origins of
called delinquents. He put emphasis on the explanation of criminology are usually located in the late-eighteenth-century writings
prevalence, origins, process and purposes as factors to of those who sought to reform criminal justice and penal systems that
crime. they perceived as cruel, inhumane, and arbitrary. These old systems
applied the law unequally, were subject to great corruption, and often
3. Gresham Sykes (1922) - He advocated the Neutralization used torture and the death penalty indiscriminately.
Theory. It maintains that an individual will obey or disobey
societal rules depending upon his or her ability to THEORY MOTIVE
rationalize whether he is protected from hurt or destruction. Demonology (5,000 BC-
People become law abiding if they feel they are benefited Demonic Influence
1692 AD)
by it and they violate it if these laws are not favorable to
Astrology (3500 BC-1630
them. Zodiac/Planetary Influence
AD)
4. Lloyd Ohlin (1928) - He advocated the DOT – Differential Theology (1215 BC-present) God's will
Opportunity Theory. This theory explained that society Medicine (3000 BC -present) Natural illness
leads the lower class to want things and society does Academic
things to people. He claimed that there is differential Education (1642-present)
underachievement/bad teachers
opportunity, or access, to success goals by both legitimate Psychiatry (1795-present) Mental illness
and illegitimate means depending on the specific location
Psychoanalysis (1895- Subconscious guilt/defense
of the individual with in the social structure. Thus, lower
present) mechanisms
class groups are provided with greater opportunities for the
acquisition of deviant acts. Classical School of
Free will/reason/hedonism
Criminology (1690--)
5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - Positive School of Determinism/beyond control of
1982) - They are the advocates of the Labeling Theory – Criminology (1840--) individual
the theory that explains about social reaction to behavior. Phrenology (1770-1875) Bumps on head
The theory maintains that the original cause of crime Cartography (1800-present) Geographic location/climate
cannot be known, no behavior is intrinsically criminal,
Mental Testing (1895- Feeble-
behavior becomes criminal if it is labeled as such.
present) mindedness/retardation/low IQ
6. Earl Richard Quinney (1934) – He was a Marxist Osteopathy (1892-present) Abnormalities of bones or joints
criminologist who advocated the Instrumentalist Theory of Chiropractics (1895-present) Misalignment of spine/nerves
capitalist rule. He argued that the state exist as a device for Imitation (1843-1905) Mind on mind crowd influences
controlling the exploited class – the class that labors for the Poverty/economic
benefit of the ruling class. He claims that upper classes Economics (1818-present)
need/consumerism
create laws that protect their interest and t the same time
Case Study Approach (1909-
the unwanted behavior of all other members of society. Emotional/social development
present)
Quinney major contribution is that he proposed the shift in
focus from looking for the causes of crime from the Social Work (1903-present) Community/individual relations
individual to the examination of the Criminal Justice Sociology (1908-present) Social/environmental factors
System for clues. Secretion of androgen from
Castration (1907-1947)
testes
OTHER THEORISTS Relation of person with
Ecology (1927-present)
environment
1. Charles Darwin’s Theory (1809 - 1882) - In the theory of Transexualism (1937-1969) Trapped in body of wrong sex
evolution, he claimed that humans, like other animals, are
parasite. Man is an organism having an animalistic Frontal lobe dysfunction/need
Psychosurgery (1935-1959)
behavior that is dependent on other animals for survival. lobotomy
Thus, man kills and steal to live. Conflict of customs from “old”
Culture Conflict (1938-1980)
country
2. Charles Goring’s Theory (1870 - 1919) - The medical Differential Association
Learning from bad companions
officer in prison in England who accepted the Lombroso’s (1939-present)
challenge that body physique is a determinant to behavior. State of normlessness/goal-
Goring concluded that there is no such thing a physical Anomie (1938-present)
means gap
chemical type. He contradicted the Lombroso’s idea that Differential Opportunity Absence of legitimate
criminality can be seen through features alone. (1961-present) opportunities
Nevertheless, Goring accepted that criminals are physically
inferior to normal individuals in the sense that criminals Frustration/feeling cut off from
Alienation (1938-1975)
tend to be shorter and have less weight than non-criminals. others
Hostile attitude/crisis/sense of
Identity (1942-1980)
3. Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist sameness
who reexamined the work of Goring and found out that Making heroes out of legendary
Identification (1950-1955)
“Tall thin men tend to commit forgery and fraud, undersized criminals
men are thieves and burglars, short heavy person commit Outer temptation/inner
assault, rape and other sex crimes; where as mediocre Containment (1961-1971)
resistance balance
(average) physique flounder around among other crimes.” Customs and folkways of prison
He also contended that criminals are originally inferior; and Prisonization (1940-1970)
culture
that crime is the result of the impact of environment.
Gang Formation (1927- Need for acceptance, status,
4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian present) belonging
Statistician who pioneered Cartography and the Behavior Modification (1938- Reward/Punishment
Carthographical School of Criminology that placed 1959) Programming
emphasis on social statistics. He discovered, basing on his Soft targets/absence of crime
Social Defense (1947-1971)
research, that crimes against persons increased during prevention
summer and crimes against property tends to increase Guided Group Interaction Absence of self-
during winter. (1958-1971) responsibility/discussion
Interpersonal Maturity (1965- Unsocialized, subcultural
HISTORICAL TIMELINE OF THE THEORIES
CnD REVIEW CENTER 5
 1983) responses during or after the fact. This include but not limited to illegal drug
One’s place in group network trafficking, money laundering, terrorism, arm smuggling, piracy,
Sociometry (1958-1969) kidnapping, trafficking in persons, and cyber crimes. Most of these
system
crimes falling under this category reflect connection with organized
Dysfunctional Families Members “feed off” other’s
and white-collar criminals.
(1958-present) neurosis
White-collar Crime (1945- Cutting corners/bordering on ORGANIZED CRIMES
present) illegal
Control Theory (1961- Weak social bonds/natural An organized Crime is a criminal activity by an enduring
present) predispositions structure or organization developed and devoted primarily to the
Anger, relative deprivation, pursuit of profits through illegal means. It is sometimes referred to as
Strain Theory (1954-present) the “MOB”, “MAFIA”, “SYNDICATE” or the “COSA NOSTRA”, which
inequality
Criminal values as normal within are known as “the enemy with in”, “the 2nd government“, “the 5 th
Subcultures (1955-present) estate” or the “crime confederation.”
group
Self-fulfilling prophecies/name-
Labeling Theory (1963-1976) The term Cosa Nostra (literally means “one thing”) or mafia
calling
is use to signify organized crimes, and one of the varieties names for
Self-talk, excuses before either mob or syndicate. A strict code of conduct governs their
Neutralization (1957-1990)
behavior behavior called the “Omerta” – the mafia’s code of secrecy, and
Sense of limbo/living in two informal, unwritten code of organized crime, which demand silence
Drift (1964-1984)
worlds and loyalty, among other thing, of family members. (Abandinsky,
Reference Groups (1953- 1991). Whatever be the name, the organization is known to be
Imaginary support groups formal, with division of labor, with coordination of activities through
1978)
Operant Conditioning (1953- rules and codes and with allocation of task in order to achieve
Stimuli-to-stimuli contingencies illegitimate goals. The organization seeks profit from crimes and tries
1980)
to prevent itself from threats, prosecution, and even punishment from
Reality Therapy (1965-1975) Failure to face reality
legal authorities.
Perception of small part of "big
Gestalt Therapy (1969-1975)
picture" Criminal organizations keep illegal actions secret, and
Transactional Analysis No communication between members communicate by word of mouth, therefore police will never
(1961-1974) inner parent-adult-child be able to trace phone calls or letters. Many organized crime
Learning Disabilities (1952- operations have legal fronts, such as licensed gambling, building
School failure/relying on "crutch"
1984) construction, and trash hauling, or which operate in parallel with and
Lack of harmony with provide cover for drug trafficking, money laundering, prostitution,
Biodynamics (1955-1962) extortion, murder for hire, hijacking, fraud, and insider trading. Other
environment
criminal operations engage in human trafficking, political corruption,
Nutrition and Diet (1979- Imbalances in mineral/vitamin
black marketeering, political violence, racist and religiously motivated
present) content
violence, terrorism, abduction, prison break and crimes against
Metabolism (1950-1970) Imbalance in metabolic system humanity.
Biofeedback (1974-1981) Involuntary reactions to stress
Biosocial Criminology (1977- Environment triggers inherited
1989) "markers"
The "New Criminology" In order for a criminal organization to prosper, some
Ruling class oppression degree of support is required from the society in which it lives. Thus,
(1973-1983)
it is often necessary to corrupt some of its respected members, most
Conflict Criminology (1969- Structural barriers to class
commonly achieved through bribery, blackmail, and the
present) interests
establishment of symbiotic relationships with legitimate businesses.
Critical Criminology (1973- Judicial and police officers and legislators are especially targeted for
Segmented group formations
present) control by organized crime via bribes.
Radical Criminology (1976-
Inarticulation of theory/praxis
present) Globalization occurs in crime as much as it does in
Working class prey on one business. Criminal organizations easily cross boundaries between
Left Realism (1984-present)
another countries. This is especially true of organized groups that engage in
Criminal Personality (1976- human trafficking. The newest growth sectors for organized crime are
Errors of thinking identity theft and online extortion. These activities are troubling
1980)
Criminal Pathways Theory Critical turning/tipping points in because they discourage consumers from using the Internet for e-
(1979-present) life events commerce. E-commerce was supposed to level the playing ground
between small and large businesses, but the growth of online
Feminism (1980-present) Patriarchial power structures organized crime is leading to the opposite effect; large businesses
Low Self Control Theory Impulsiveness, Sensation- are able to afford more bandwidth (to resist denial-of-service attacks)
(1993-present) seeking and superior security. Furthermore, organized crime using the
General Strain Theory (1994- Stress, Hassles, Interpersonal Internet is much harder to trace down for the police (even though
present) Relations they increasingly deploy cybercops) since police forces and law
enforcement agencies in general operate on a national level while
CRIMES OF THE MODERN WORLD the Internet makes it even more simple for criminal organizations to
cross boundaries and even to operate completely remotely.
The crimes in the modern world represent the latest and
the most dangerous manifestations of the something-for-nothing- Organized Crime Families
complex problems of society. This includes Organized Crimes,
White-Collar Crimes, Conventional Cries, Victimless Crimes and the Perhaps the best-known criminal organizations are the
so-called Transnational Crimes. The transnational character of many Sicilian and American Cosa Nostra, most commonly known as the
crimes in this modern world, although not new, has not been fully Mafia. The Neopolitan Camorra, the Calabrian 'Ndrangheta, and the
recognized until recently. Crime was traditionally viewed as a purely Apulian Sacra Corona Unita are similar Italian organized crime
domestic law enforcement issue and, therefore, treated and groups.
addressed as an exclusive concern of individual states. As such
crimes, being a new threat to domestic and international interest and Other notable groups include the Colombian drug cartels,
security, has given recognition to be known as Transnational Crimes. the Mexican drug cartels, The Irish Mob, the Japanese Yakuza, the
Chinese Triads, the Russian Mafia, the Mexican Mafia, the Indian
Transnational crime is an offense that has an international Mafia, the Bulgarian Mafia, the Chechen mafia, the Brazilian
dimension and implies crossing at least one national border before, Comando Vermelho (CV) and Primeiro Comando da Capital (PCC),
CnD REVIEW CENTER 6
and the Central American Mara Salvatrucha (MS-13). Prisoners may
also be involved in criminal organizations. Many terrorist groups,
such as Hezbollah, Al Qaeda, the Provisional IRA and the Ulster
Defence Association also engage in criminal activity such as
trafficking and money laundering as well as terrorism.
World leaders throughout history who have been accused
of running their country like a criminal organization include Adolf
Hitler, Joseph Stalin, Mao Zedong, Augusto Pinochet, Idi Amin,
Mobutu Sese Seko, Nicolae Ceauşescu, Francisco Franco, Hugo
Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir Putin, Silvio
Berlusconi, Alberto Fujimori (in league with his advisor Vladimiro
Montesinos), Senior General Than Shwe of Burma and various other
dictators and military juntas. Corrupt political leaders may have links
to existing organized crime groups, either domestic or international,
or else may simply exercise power in a manner that duplicates the
functioning and purpose of organized crime.
In the past criminal organizations have naturally limited
themselves by their need to expand. This has put them in
competition with each other. This competition, often leading to
violence, uses valuable resources such as manpower (either killed or
sent to prison), equipment and finances. The Irish Mob boss of the
Winter Hill Gang (in the 1980s) turned informant for the FBI. He used
this position to eliminate competition and consolidate power within
the city of Boston which led to the imprisonment of several senior
organized crime figures including Gennaro "Jerry" Anguilo underboss
of the Patriarca crime family. Infighting sometimes occurs within an
organization, such as the Castellamarese war of 1930-31 and the
Irish Mob Wars of the 1960s and 70s.
Today criminal organizations are increasingly working
together, realizing that it is better to work in cooperation rather than
in competition with each other. This has led to the rise of global
criminal organizations such as Mara Salvatrucha. The Sicilian Mafia
in the U.S. have had links with organized crime groups in Italy such
as the Camorra, the 'Ndrangheta and the Sacra Corona Unita. The
Sicilian Mafia has also been known to work with the Irish Mob (John
Gotti of the Gambino family and James Coonan of the Westies are
known to have worked together, with the westies operating as a
contract hit squad for the Gambino family after they helped Coonan
come to power) , the Japanese Yakuza and the Russian Mafia.
How the Organized Crime Group Works?
For the organization to work there must be:
1. An Enforcer – one who make arrangements for killing and
injuring (physically, economically, psychologically) the
members or non-members.
2. A Corrupter – one who bribes, buys, intimidates, threatens,
negotiates, and “sweet talks” into a relationship with the
police, public officials or any else who might help the
members security and maintain immunity from arrest,
prosecution and punishment.
3. A Corruptee – a public official, usually not a member of the
organization family, who can wield influence on behalf of
the organization’s interest.
Sources of Illegal Profit
The organization gains from goods and services that are of
great demand by the society but are prohibited by law. It includes but
not limited to most victimless crimes such as illegal drugs, alcohol,
gambling, pornography, and including bank fraud, extortion or
racketeering and others.
Characteristics of Organized Crimes
1. It is a conspiracy activity involving coordination of
members.
2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
CnD REVIEW CENTER
4. Employs predatory tactics such as intimidation, violence
and corruption.
5. Effective control over members, associates, and victims.
6. Organized crimes does not include terrorist dedicated to
political change.
Generic Types of Organized Crimes
1. Political Graft – manned by political criminals (Political
Graft), who use of force and violence of a means to obtain
profit or gain, and or achieving political aims or ambitions.
An example of this is vote buying, and the employment of
private armies to control a certain political area.
2. The Mercenary/Predatory Organized Crime – crimes
committed by groups for direct personal profit but prey
upon unwilling victims. Example: extortionist/racketeer
3. In – Group Oriented Organized Crime – groups manned by
semi organized individual whose major goals are for
psychological gratification such as adolescent gangs.
Example: Motorcycle Gangs
4. Syndicated Crime – the organization that participates in
illicit activity in society by the use of force, threat, or
intimidation. The group with a formal structure – whose
purpose is to provide elicit services, which are in strong
public demand through the use of secrecy on the part of
the associates. There is assurance of protection necessary
for its operations through political corruption or avoidance
of prosecution.
Essential Composition of Organized Crime
Organized crime needs professional criminals to
successfully operate in the organization. Professional crimes refer to
occupations or their incumbents, which possesses various traits
including useful knowledge that requires lengthy training, service
orientation and code of ethics that permits occupations to attempt to
obtain autonomy and independence with high prestige and
remuneration.
Characteristics of Professional Crimes (Sutherland)
1. Crime is a sole means of livelihood.
2. Careful planning, and reliance upon technical skills and
methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules,
codes of behavior, and mutual specialized language.
Criminological Types of Organized Crimes
1. Traditional Crime Syndicates.
2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime
Controlling Organized Crimes
Organized crimes can be controlled through: Law
Enforcement Effort, Organization of Anti-Organized Crime measures,
Community Awareness and Cooperation
Philippine Center for Transnational Crime
In response to organized criminal activities, the Philippine
government has instituted programs and projects to address these
threats to national and international interest and security. It has
created the Philippine Center on Transnational Crime (PCTC) (E.O.
No.62 s1999) to establish a shared central database among
concerned agencies for information on criminals, methodologies,
arrests, and convictions on transnational crime in all its forms. Apart
from this, the Center is mandated to discharge the following:
7
 1. Supervise and control conduct of anti-transnational crime
operations of all government agencies and
instrumentalities:
2. Establish a central database on national as well as
international legislations and jurisprudence on transnational
crime, with the end in view of recommending measures to
strengthen responses and provide immediate intervention
for the prevention, detection and apprehension of criminals
operating in the country;
3. Establish a center for strategic research on the structure
and dynamics of transnational crime, predict trends and
analyze relationships of given factors for the formulation of
strategies to combat the same;
4. Design programs and projects aimed at enhancing national
capacity-building in combating transnational crime, as well
as supporting the related programs and projects of other
ASEAN and international centers; and
5. Explore and coordinate information exchanges and training
with other government agencies, foreign countries and
international organizations involved in containing and
eliminating transnational crime.
Executive Order No. 100 s1999 
To further strengthen the operational, administrative and
information support system of the PCTC, E.O. No. 100 s1999
empowered the Center to exercise general supervision and control
over the following:
1. Loop Center of the National Action Committee on Anti-
Hijacking and Terrorism (NACAHT) whose primary mission
is to assist and support the NACAHT in integrating and
orchestrating the efforts of all law enforcement agencies
against international and domestic terrorism;
2. International Criminal Police Organization ICPO-
INTERPOL NCB-Manila which has been reconstituted to
serve as the national liaison office and main coordinating
body for international police cooperation against
transnational crime;
3. Police Attachés of the Philippine National Police (PNP);
and
4. Political Attachés/ Counselors for Security Matters of the
Department of the Interior and Local Government (DILG)
WHITE COLLAR CRIMES
Edwin Sutherland defined white-collar crime as criminal
acts committed by a person of respectability and high social status in
the course of his or her occupation.
Forms of White Collar Crimes
1. Corporate crimes - the violation of a criminal statute either
by a corporate entity or by its executives, employees or
agents, acting on behalf of and for the benefit of the
corporation, partnership or other business entity.
2. Environmental crimes - violation of criminal law which,
although typically committed by businesses or by business
officials, may also be committed by other persons or
organizational entities, and which damage some protected
or otherwise significant aspect of the natural environment.
3. Occupational crimes - any act punishable by law, which is
committed through opportunity created in the course of an
occupation that is legal.

Organizational Occupational Crime - crimes
committed for the benefit of the entire
organization in such instances only the
organization or the employer, not individual
employees.
 State Authority Occupational Crime - crimes by
officials through the exercise of their state-based
authority. Such crime is occupation specific, and
can only be committed by person in public office
or by working for such persons.
 Professional Occupational Crime - crimes by
professionals in their capacity as professionals.
The crimes of physicians, attorneys,
psychologists, and the like are included here.
CnD REVIEW CENTER
 Individual Occupational Crime - crimes by
individuals as individuals which include income
tax evasion, theft of goods and services by
employees, the filing of false expense report, and
the like.
Occupational crimes also refer to:
 White-collar crime (Sutherland)
 Avocational crime - committed by one who does not think
for himself as criminal and whose major source of income
is something other than crime.
 Corporate crime - committed by corporate officials for their
corporations and the offenses of the corporation and the
offenses of the corporation itself.
 Economic crime - illegal activity that principally involves
deceit, misrepresentation, concealment, manipulation,
breach of trust and illegal circumvention.
 Organizational crime - illegal actions taken in accordance
with operative organizational goals that seriously harm
employees or the general public.
 Upper-world crime - law-breaking acts, committed by those
who, due to their positions in the structure, have obtained
specialized kinds of occupational slots essential for the
commission of these offenses.
Types and Schemes of White Collar Crimes
1. Bank Fraud: To engage in an act or pattern of activity
where the purpose is to defraud a bank of funds.
2. Blackmail: A demand for money or other consideration
under threat to do bodily harm, to injure property, to accuse
of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or
anything else of value is offered with intent to influence the
actions, opinions, or decisions of the taker. You may be
charged with bribery whether you offer the bribe or accept
it.
4. Cellular Phone Fraud: The unauthorized use, tampering, or
manipulation of a cellular phone or service. This can be
accomplished by either use of a stolen phone, or where an
actor signs up for service under false identification or
where the actor clones a valid electronic serial number
(ESN) by using an ESN reader and reprograms another
cellular phone with a valid ESN number.
5. Computer fraud: Where computer hackers steal information
sources contained on computers such as: bank
information, credit cards, and proprietary information.
6. Counterfeiting: Occurs when someone copies or imitates
an item without having been authorized to do so and
passes the copy off for the genuine or original item.
Counterfeiting is most often associated with money
however can also be associated with designer clothing,
handbags and watches.
7. Credit Card Fraud: The unauthorized use of a credit card to
obtain goods of value.
8. Currency Schemes: The practice of speculating on the
future value of currencies.
9. Embezz1ement: When a person who has been entrusted
with money or property appropriates it for his or her own
use and benefit.
10. Environmental Schemes: The over billing and fraudulent
practices exercised by corporations which purport to clean
up the environment.
11. Extortion: Occurs when one person illegally obtains
property from another by actual or threatened force, fear,
or violence, or under cover of official right.
12. Forgery: When a person passes a false or worthless
instrument such as a check or counterfeit security with the
intent to defraud or injure the recipient.
13. Health Care Fraud: Where an unlicensed health care
provider provides services under the guise of being
licensed and obtains monetary benefit for the service.
14. Insider Trading: When a person uses inside, confidential,
or advance information to trade in shares of publicly held
corporations.
15. Insurance Fraud: To engage in an act or pattern of activity
wherein one obtains proceeds from an insurance company
through deception.
8
 16. Investment Schemes: Where an unsuspecting victim is
contacted by the actor who promises to provide a large
return on a small investment.
17. Kickback: Occurs when a person who sells an item pays
back a portion of the purchase price to the buyer.
18. Larceny/Theft: When a person wrongfully takes another
person's money or property with the intent to appropriate,
convert or steal it.
19. Money Laundering: The investment or transfer of money
from racketeering, drug transactions or other
embezzlement schemes so that it appears that its original
source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for
personal profit.
21. Securities Fraud: The act of artificially inflating the price of
stocks by brokers so that buyers can purchase a stock on
the rise.
22. Tax Evasion: When a person commits fraud in filing or
paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms
and place telephone calls to residences and corporations
where the actor requests a donation to an alleged
charitable organization or where the actor requests money
up front or a credit card number up front, and does not use
the donation for the stated purpose.
24. Welfare Fraud: To engage in an act or acts where the
purpose is to obtain benefits (i.e. Public Assistance, Food
Stamps, or Medicaid) from the State or Federal
Government.
25. Weights and Measures: The act of placing an item for sale
at one price yet charges a higher price at the time of sale
or short weighing an item when the label reflects a higher
weight.
26. Advanced Fee Schemes: Actor induces victim to give him
some type of advanced fee in return for a future benefit.
The future benefit never occurs and victim never receives
the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating
that the newspaper stand cannot change his one hundred
dollar bill and asks the victim for change. Victim provides
actor with the change, actor returns to the store to get the
one hundred dollar bill back, however, never returns to
victim.
28. Auto Repair: Actor hangs out around an auto repair shop
and approaches victims who leave after getting estimates.
Actor claims to do work off duty at a very low cost. Once
actor has the car, inferior work is completed and victim
cannot get the return of the car until the very high bill is
paid.
29. Check Kiting: A bank account is opened with good funds
and a rapport is developed with the bank. Actor then
deposits a series of bad checks but prior to their discovery,
withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts
of coupons and redeem them to manufacturers when in
fact merchandise was never sold.
31. Directory Advertising: Actor either impersonates sales
person from a directory company like the yellow pages or
fraudulently sells advertising which the victim never
receives.
32. Fortune Telling: Actor advises victim that victim is cursed.
Actor advises victim that the curse must be removed. Actor
advises that she must meditate to the spirits and will
require payment. Over a period of time, victim pays fortune
teller thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In
order to remove the curse, the money must be placed into
a bag or box that the actor provides. The bag or box is
switched. Actor advises victim to perform certain rituals
over the money and the curse will be removed. The bag or
box cannot be opened for a period of time when it is
opened, the money is gone.
34. Home Improvement: Actor approaches a home owner with
a very low estimate for a repair or improvement. Inferior or
incomplete work is performed. Once the repairs are
completed, actor intimidates the victim to pay a price much
greater than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior
equipment such as tools at high prices.
CnD REVIEW CENTER
36. Jamaican Switch: Actor #1 approaches a victim looking for
the address of a prostitute. Actor #1 shows a large sum of
money to the victim. Actor #2 arrives and tells Actor #1
where he can find the prostitute but cautions on taking all
the money as the prostitute might rob him. Actor #1 asks
the victim to hold the money for him. Actor #1 puts his
money into a handkerchief with the victim’s money. Actor
#1 shows the victim how to hide the money under his arm,
inside his shirt while switching handkerchiefs. Victim takes
the handkerchief and the parties split up, however, Actor
#1 leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land
in some type of retirement development which does not
exist.
38. Odometer Fraud: Unscrupulous used car salesman
purchased used cars and turns back the odometers. The
used car is sold at a higher price due to its low mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows
both Actor #1 and victim a "found" package containing a
large amount of cash. Actor #1 insists that the found
money be divided equally but only after each person puts
up his own money to demonstrate good faith. All the money
is put in one package and the package is later switched.
40. Police Impersonation: Actor tells victim that his bank is
being operated by fraudulent bank officers. Actor instructs
victim to take money out of bank and place it into a good
bank. After the money is withdrawn, the actor allegedly
takes the money to the police station for safe keeping. The
victim never sees the money again.
41. Ponzi: An investment scheme where the actor solicits
investors in a business venture, promising extremely high
financial returns or dividends in a very short period of time.
The actor never invests the money, however, does pay
dividends. The dividends consist of the newest investors
funds. The first investors, pleased to receive dividends,
encourage new investors to invest. This scheme falls apart
when the actor no longer has sufficient new investors to
distribute dividends to the old investors or the actor simply
takes all the funds and leaves the area.
42. Pyramid: An investment fraud in which an individual is
offered a distributorship or franchise to market a particular
product. The promoter of the pyramid represents that
although marketing of the product will result in profits,
larger profits will be earned by the sale of franchises. For
example, if a franchise price is P10, 000.00, the seller
receives P3, 500.00 for every franchise sold. Each new
franchise purchaser is presented with the same proposal
so that each franchise owner is attempting to sell
franchises. Once the supply of potential investors is
exhausted, the pyramid collapses. Many times, there are
no products involved in the franchise, simply just the
exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series
of money exchanges and in the end, is short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three
walnut shells or bottle caps. Actor #1 moves the caps
around and shows victim the cap with the pea under it.
With the encouragement of another player, also Actor #2,
victim places larger and larger bets as to which cap
contains the pea. The game is ended by Actor #1 when the
take is large enough.
45. Utilities Impersonators: Actor impersonates utilities
employees by wearing jumpsuits with name tags. Actor
approaches victim with story about a gas leak or electrical
surge to gain entry to the home. Valuables are taken by
actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions
at an extremely low cost due to his connections. Victim
pays for the VCR or television only to discover that the box
has been filled with rocks.
47. West African Investment Scams: Actors target businesses
and obtain business' bank account information from which
all funds are later withdrawn.
Dealing with White-Collar Crimes
Gary Green pointed out that professional criminals would
probably continue to enjoy immunity from prosecution. Hence, they
are unlikely to be deterred by sanction or threat and are unlikely to be
9
formally disqualified by their professional organizations. They will
there fore feel free and are free to continue or begin their activities
(Schmallenger, 1999). James W. Coleman suggests four areas of
reform, which white-collar crime might be effectively addressed:
1. Ethical Reforms - reform include such things as working to
establish stronger and more persuasive codes of business
ethics. Courses in ethical businesses might be offered in
universities, and corporations could school their employees
in right livelihood.
2. Enforcement Reforms - reform center on the belief that
white-collar criminals must be severely published, but also
include such things as better funding for enforcement
agencies dealing with white-collar crime, and insulation of
enforcement personnel from undue political violations.
3. Structural Reforms - involve basic changes in corporate
structure to make white-collar crime more difficult to
commit such as selective nationalization of firms that have
long records of criminal violations.
4. Political Reforms - focus on eliminating campaign
contributions from corporations and businesses, but also
include the level of fairness in determining government
grants and contracts, the government must serve as a
police itself. This includes the enforcement of laws and the
regulation of the activities of elected officials and
administrative personnel.
THE CONVENTIONAL CRIMES
Conventional crimes are those traditional, illegal behaviors
that most people think of as crime. Most crime is conventional crime.
Non-conventional crime may be organized crime, white-collar crime,
political crime, etc. Conventional crimes are groups of crimes
categorized as violent crimes (index crimes) and property crimes. It
has been argued that cyber crime is just a conventional crime
committed with high-tech devices.
Violent Crimes - Violent crimes are criminal acts, which in
the threat of or actual physical harm by an offender to a victim. It
presents not only index offenses that every one recognizes as violent
(murder, rape, robbery) or other acts involving force and intimidation
but also “violent crimes” that are commonly categorized as “social
problem” such as domestic violence, child abuse, elder abuse, etc.
Violent acts are in the forms of:
1. Interpersonal Violence - Forcible Rape. Murder,
Serious Assault, Family Violence, Robbery
2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban
Violence
Property Crimes - are crimes of economic interest. It
includes those crimes that would most commonly be categorized as
theft in ordinary language. It also includes but not limited to offenses
such as unlawful entry to commit theft, shoplifting, vandalism, and
arson. Property crimes are also in the forms of:
1. Occasional Property Crimes - Shoplifting, Vandalism,
Motor vehicle theft, Check Forgery
2. Conventional Property Crimes - Burglary/unlawful
entry to commit theft, Fence, Larceny/Theft
Violent Crimes (Index Crimes)
Murder – is the unlawful killing of human being with malice
and with the “act of violence”. Serial Murder – an act involving killing
of several victims in three or more separate incidents over a week, a
month or year. Mass Murder – it is the killing of four or more victims
at one location with one event. Spree Murder – the killing of in two or
more locations with almost no time break between murders.
Homicide and Assault - Homicide is also unlawful killing
with out the qualifying circumstances of murder. It is generally
regarded as the most commonly committed of all the index crimes
(based on the UCR offenses). Assault is called “unlawful
attack” to another person purposely to harm or inflict physical
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injuries. It is a crime that involves offering to give bodily harm to a
person or placing the person in fear.
Robbery - INTERPOL defined robbery as “violent theft”. It
is the taking of property belonging to another with intent to gain by
means of force upon things, violence of intimidation against the
person. It could be in the form of:
1. Robbery of person – “hold up cases”
2. Robbery in open place following sudden attack –
“snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration
between victims and offender
5. Robbery in case of previous association between victim
and offender.
Types of Robbers
1. The Professional Robber – robber who has long-term
commitment to the crime of robbery as a major source of
livelihood.
2. The Opportunist – the commonly known as “bandits”, one
who has little commitment to or specialization in robbery
and one who is all purpose property offender.
3. The Addict Robber – one who committed the crime of
robbery to support the drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages
to robbery occasionally in order to support his habit.
(Unplanned)
5. The Muggers – they are the most feared robbers. They are
semi-professional robbers who are sometimes called
“strong armed robbers” – the street robbers who commit
everything from snatching to the brutalization of the victim.
Rape - is commonly defined as “carnal knowledge of a
woman against her will”. Rape is the fastest growing of all UCR index
crime. It could be in the form of:
1. Real Rape – aggravated rape involving violence, weapons
and attackers.
2. Simple Rape – anything else not fall as “real rape” such as:
victims are viewed as suspicious, particularly if the victim
did not physically resist.
Rape is a violent crime due to the means employed usually
characterized by violence, aggression and domination. It has the
general effect of “Rape Trauma Syndrome” – refers to the adverse
psychological impacts rape victims continue to suffer long after the
incident. It includes:
1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness
Classification of Men who Rape
1. Anger Rape – sexual attack becomes a means of
expressing anger or rage and involves more physical
assault upon the victim.
2. Power Rape – assailant primarily wishes to express his
domination over the victim.
3. Sadistic Rape – perpetrator combines the sexuality and
aggression aims in psychic desires to often torture or
otherwise abuse the victim.
Family Violence - Family violence are violent crimes
involving physical assault by a family member to another family
members such as the following:
1. Child Abuse – an attack or assault of an adult against the
defenseless or people who cannot defend themselves,
usually by a parent to a child.
2. Spouse Abuse – “husband vs wife battering”
Types of Violent Offenders
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 1. Culturally Violent Offenders – those who live in cultures
which violence is an acceptable problem mechanism.
2. Criminally Violent Offenders – those who use violence as a
means to accomplish criminal acts.
3. Pathological Violent Offenders – those who commit violent
crimes due to mental disturbances.
4. Situational Violent Offenders – those who commit acts of
violence on rare occasions, often under provocations. They
are the criminals “by passion”.
Property Crimes (Non-Index Crimes)
Occasional Property Crimes - Occasional Property crimes
are group of property crimes committed by ordinary property
criminals with little progressive knowledge on criminal techniques.
Offenders injure or steal property on an infrequent basis. They tend
to commit crimes such as Auto theft of motor vehicle theft, Shoplifting
or good pilferage, Vandalism, Check Forgeries
Conventional Property Crimes - These are group of
property crimes committed by professional criminals on a persistent
basis, which constitute form of career criminality. Conventional
property crimes include:
1. Burglary (Robbery) – unlawful entry of forcible entry in
order to commit a felony of theft.
2. The Fence – dealers of stolen properties, the act of “buy
and sale of stolen properties”
3. Larceny (theft) – simple taking of properties with intent to
gain and without the consent of the owner.
Destructive Property Crime – includes Arson – unlawful
burning of property on another such as:
1. Profit-motivated Arson – illustrated by insurance fraud
2. Revenge Arson – burning of properties due to hatred or
spell jealousy
3. Vandalism Arson – fire is employed as a means of
expressing vindictive vandalism toward the property of a
group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.
Cybercrime
Although the term cybercrime is usually restricted to
describing criminal activity in which the computer or network is an
essential part of the crime, this term is also used to include traditional
crimes in which computers or networks are used to enable the illicit
activity.
Examples of cybercrime which the computer or network is
a tool of the criminal activity include spamming and criminal copyright
crimes, particularly those facilitated through peer-to-peer networks.
Examples of cybercrime in which the computer or network is a target
of criminal activity include unauthorized access (i.e, defeating access
controls), malicious code, and denial-of-service attacks. Examples of
cybercrime in which the computer or network is a place of criminal
activity include theft of service (in particular, telecom fraud) and
certain financial frauds. Finally, examples of traditional crimes
facilitated through the use of computers or networks include Nigerian
419 or other gullibility or social engineering frauds (e.g., hacking
"phishing", identity theft, child pornography, online gambling,
securities fraud, etc. Cyberstalking is an example of a traditional
crime- harassment - that has taken a new form when facilitated
through computer networks.
Additionally, certain other information crimes, including
trade secret theft and industrial or economic espionage are
sometimes considered cybercrimes when computers or networks are
involved. Cybercrime in the context of national security may involve
hacktivism (online activity intended to influence policy), traditional
espionage, or information warfare and related activities.
Another way to define cybercrime is simply as criminal
activity involving the information technology infrastructure, including
illegal access (unauthorized access), illegal interception (by technical
means of non-public transmissions of computer data to, from or
within a computer system), data interference (unauthorized
damaging, deletion, deterioration, alteration or suppression of
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computer data), systems interference (interfering with the functioning
of a computer system by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data), misuse of
devices, forgery (ID theft), and electronic fraud.
THE VICTIMLESS CRIMES
In common understanding of what crime means is that the
act implies that there is both perpetrator and a victim of the wrongful
behavior. With victimless crimes, this general rule does not apply.
Victimless crimes refer to those crimes in which no clear victim is
readily identifiable. In other words, the only injured party is the
offender, who engages in self-destructive behavior. These crimes are
also called moral offenses or vice. Many of these crimes generally
refer to Public Order Crimes – an offense that is consensual and
lacks a complaining participant. It is rare in these cases are victims
who week prosecution.
Examples of Victimless Crimes
 Related to Sex Crimes (against Chastity): Adultery and, in
general, sex outside marriage where all those involved,
including spouses, give consent. Adultery without the
spouse's consent is arguably not victimless, as it violates
the spouse's marriage contract rights, but it is also
arguable that the non-consenting spouse is the victim of a
civil wrong, not a criminal wrong; Bigamy and other non-
traditional marital and family practices; Prostitution, other
sex work, and related acts. According to some people,
prostitutes are "victims" of economic circumstances; others
point out that many strippers and ditch diggers are "victims"
of economic circumstances, and arguably so is anyone
who performs a service only for the money, but that doesn't
mean stripping, ditch digging or performing any other
services solely for the money is or should be a crime;
Incest between legal adults where offspring cannot result
from the sexual activity.
 Related to Religion: Practice of religions or cults or
superstitions other than those locally sanctioned. Practices
involving banned substances (such as hallucinogens) or
banned social arrangements (such as polygamy);
Blasphemy; Apostasy.
 Related to Financial Matters: Ticket scalping
 Related to Political Matters: In general, most specifically
political crimes are necessarily victimless, as they by
definition are against the body politic such as Flag
Desecration or expressing negative opinion of prominent
national figure (e.g. Turkey, North Korea); Public obscenity,
though offense (damage) to others is possible; Treason;
High Crimes and Misdemeanors, and other abuses of
Political power that do not involve specific persons;
Electoral fraud, where such fraud does not involve the
votes of specific persons
 Related to Self-Preservation and Public Safety: Suicide;
attempted suicide; euthanasia.
STUDY OF CRIMINAL BEHAVIOR
CRIMINAL PSYCHOLOGY
In general, psychology is the science of behavior and
mental processes. This means that psychologists use the methods of
11
science to investigate all kinds of behavior and mental processes,
from the activity of a single nerve cell to the social conflict in a
complex society (Bernstein, et al, 1991). In particular, criminal
Psychology is a sub-field of general psychology where criminal
behavior is only, in part by which phenomena psychologists choose
to study. It may be defined as the study of criminal behavior, the
study of criminal conduct and activities in an attempt to discover
recurrent patterns and to formulate rules about his behavior.
A major description of criminal psychology is the word
behavior. Behavior refers to actions or activities (Kahayon, 1985). To
the criminologist, behavior is the observable actions because he is
more interested in actions and reactions that can be seen and
verified than in concepts, which cannot be directly verified.
Classification of Behavior
1. Normal Behavior (adaptive or adjusted behavior)
– the standard behavior, the totality accepted behavior
because they follow the standard norms of society.
understanding criminal behavior includes the idea of
knowing what characterized a normal person from an
abnormal one. A normal person is characterized by:
Efficient perception of reality, Self-knowledge, Ability to
exercise voluntary control over his behavior, Self-esteem
and acceptance, Productivity, Ability to form affectionate
relationship with others.
2. Abnormal Behavior (maladaptive/maladjusted
behavior) - A group of behaviors that are deviant from
social expectations because they go against the norms or
standard behavior of society.
A maladaptive (abnormal) person may be understood by
the following definitions:
Abnormal behavior according to deviation of
statistical norms based in statistical frequency: Many
characteristics such as weight, height, an intelligence cover
a range of values when, measured over a population. For
instance, a person who is extremely intelligent or extremely
happy would be classified as abnormal.
Abnormal behavior according to deviation from
social norms: A behavior that deprives from the accepted
norms of society is considered abnormal. However, it is
primarily dependent on the existing norm of such society.
Behavior as maladaptive: Maladaptive behavior
is the effect of a well being of the individual and or the
social group. That some kind of deviant behavior interferes
with the welfare of the individual such as a man who fears
crowd can’t ride a bus. This means that a person cannot
adopt himself with the situation where in it is beneficial to
him.
Abnormal behavior due to personal distress: This
is abnormally in terms of the individual subjective feelings
of distress rather than the individual behavior. This includes
mental illness, feeling of miserably, depression, and loss of
appetite or interest, suffering from insomnia and numerous
aches and pains.
Abnormality in its legal point: It declares that a
person is insane largely on the basis of his inability to judge
between right and wrong or to exert control over his
behavior (Bartol, 1995).
KINDS OF BEHAVIOR
1. Overt or Covert Behavior - Behaviors that are
outwardly manifested or those that are directly observable
are overt behaviors. On the other hand, covert behavior
are behaviors that are hidden – not visible to the naked
eye.
2. Conscious or Unconscious Behavior - Behavior is
conscious when acts are with in the level of awareness. It
is unconscious when acts are embedded in one’s
subconscious – unaware.
3. Simple or Complex Behavior - These are acts
categorized according to the number of neurons involved in
the process of behaving. Simple behavior involves less
number of neurons while complex behavior involved more
number of neurons, a combination of simple behaviors.
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4. Rational or Irrational Behavior - There is rational
behavior when a person acted with sanity or reason and
there is irrational behavior when the person acted with no
apparent reason or explanation – as when a man loses his
sanity and laugh out loud at nobody or nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary
behavior is an act done with full volition or will such as
when we discriminate, decide or choose while involuntary
behaviors refers the bodily processes that foes on even
when we are awake or asleep like respiration, circulation
and digestion.
ASPECTS OF BEHAVIOR
1. Intellectual Aspect – this aspect of behavior pertains to our
way of thinking, reasoning, solving, problem, processing
info and coping with the environment.
2. Emotional Aspect – this pertains to our feelings, moods,
temper, and strong motivational force.
3. Social Aspect – this pertains to how we interact or relate
with other people
4. Moral Aspect – this refers to our conscience and concept
on what is good or bad.
5. Psychosexual Aspect - this pertains to our being a man or
a woman and the expression of love
6. Political Aspect – this pertains to our ideology towards
society/government
7. Value/Attitude – this pertains to our interest towards
something, our likes and dislikes
THE CRIMINAL FORMULA
C=T+S
R
Where:
C – Crime/Criminal Behavior (the act)
T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control)
The formula shows that a person’s criminal tendency and
his resistance to them may either result in criminal act depending
upon, which of them is stronger. This means that a crime or criminal
behavior exist when the person’s resistance is insufficient to
withstands the pressure of his desire or intent and the opportunity
(Tradio, 1983).
In understanding this, the environment factors such as
stress and strains are considered because they contribute in
mobilizing a person’s criminal tendency and the individual’s
psychological state while resistance t temptation arises from the
emotional, intellectual and social upbringing and is either
manifestation of a strong or weak character.
DETERMINANTS OF BEHAVIOR
The answer to these questions requires the study and
understanding of the influences of HEREDITY and ENVIRONMENT.
As cited by Tuason:
Heredity (Biological Factors) - This refers to the genetic
influences, those that are explained by heredity, the characteristics of
a person acquired from birth transferred from one generation to
another. It explains that certain emotional aggression, our
intelligence, ability and potentials and our physical appearance are
inherited. It is the primary basis of the idea concerning criminal
behavior, the concept that “criminals are born”. It also considers the
influences of genetic defects and faulty genes, diseases, endocrine
imbalances, malnutrition and other physical deprivations that can be
carried out from one generation to another.
Environmental Factors (Socio-Cultural Influences)
Family Background – it is a basic consideration because it
is in the family whereby an individual first experiences how to relate
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and interact with another. The family is said to be the cradle of
personality development as a result of either a close or harmonious
relationship or a pathogenic family structure: the disturbed family,
broken family, separated or maladjusted relations.
Pathogenic Family Structure – those families associated
with high frequency of problems such as:
 The inadequate family – characterized by the inability to
cope with the ordinary problems of family living. It lacks the
resources, physical of psychological, for meeting the
demands of family satisfaction.
 The anti-social family – those that espouses unacceptable
values as a result of the influence of parents to their
children.
 The discordant/disturbed family – characterized by non-
satisfaction of one or both parent from the relationship that
may express feeling of frustration. This is usually due to
value differences as common sources of conflict and
dissatisfaction.
 The disrupted family – characterized by incompleteness
whether as a result of death, divorce, separation or some
other circumstances.
Childhood Trauma – the experiences, which affect the
feeling of security of a child undergoing developmental processes.
The development processes are being blocked sometimes by
parental deprivation as a consequence of parents or lack of adequate
maturing at home because of parental rejection, overprotection,
restrictiveness, over permissiveness, and faulty discipline.
In the environment, the following are also factors that are influential
to one’s behavior:
1. Institutional Influences such as peer groups, mass media,
church and school, government institutions, NGO’s, etc.
2. Socio-Cultural Factors such as war and violence, group
prejudice and discrimination, economic and employment
problems and other social changes.
3. Nutrition or the quality of food that a person intake is also a
factor that influences man to commit crime because
poverty is one of the may reasons to criminal behavior.
OTHER DETERMINANTS OF BEHAVIOR
In order to further understand and provide answers on the
question that why do some people behave criminally, it is important
to study the other determinants of behavior. These are needs, drives
and motivation.
Needs and Drives - Need, according to a drive reduction
theory, is a biological requirement for well being of the individual.
This need creates drives – a psychological state of arousal that
prompts someone to take action (Bernstein, et al, 1991). Drive
therefore is an aroused state that results from some biological needs.
The aroused condition motivates the person to remedy the need. For
example, If you have had no water for some time, the chemical
balance of the body fluids is disturbed, creating a biological need for
water. The psychological consequence of this need is a drive – thirst
– that motivates you to find and drink water. In other words, drives
push people to satisfy needs.
Motivation - Motivation on the other hand refers to the
influences that govern the initiation, direction, intensity, and
persistence of behavior (Bernstein, et al, 1991). Thus motivation
refers to the causes and “why’s” of behavior as required by a need.
Motivation is the hypothetical concept that stands for the underlying
force impelling behavior and giving it s direction (Kahayon, 1975).
Drives are states of comfortable tension that spur activity until a goal
is reached. Drive and motivation are covered in the world of
psychology, for they energize behavior and give direction to man’s
action. For example, a motivated individual is engaged in a more
active, more vigorous, and more effective that unmotivated one, thus
a hungry person directs him to look for food.
Biological needs Motivational Systems
Food Hunger – the body needs adequate supply of nutrients toeach has both positive and negative features. It is the most
function effectively. “An empty stomach sometimes drives adifficult to resolve because the features of each portion are
person to steal.”
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Water Thirst – just like food, the body needs water.
Sex A powerful motivator but unlike food and water, s
vital for survival but essential to the survival of spec
Pain Avoidance The need to avoid tissue damage is essential to th
of the organism. Pain will activate behavior t
discomfort.
Stimulus seeking Curiosity is most people and animal is motivated t
the environment even when the activity satisfies
needs.
Psychological Needs - are influenced primarily by the kind of society
in which the individual is raised. Psychological motives are those
related to the individual happiness and well being, but not for he
survival, unlike the biological motives that focuses on basic needs –
the primary motives.
Abraham Maslow has suggested that human needs form a
hierarchy from the most basic biological requirements to the needs
for self-actualization – the highest of all needs The pyramidal
presentation shows that from the bottom to the top of the hierarchy,
the levels of needs or motive according to Maslow, are:
1. Biological or Physiological Needs – these motives
include the need for food, water, oxygen, activity, and
sleep.
2. Safety Needs – these pertains to the motives of being
cared for and being secured such as in income and
place to live.
3. Love/Belongingness – Belongingness is integration
into various kinds of social groups or social
organizations. Love needs means need for affection.
4. Cognitive Needs – our motivation for learning and
exploration
5. Esteem Needs – our motivation for an honest,
fundamental respect for a person as a useful and
honorable human being.
6. Aesthetic Needs - our motivation for beauty and order
7. Self- actualization – pertains to human total
satisfaction, when people are motivated not so much
by unmet needs, as by the desire to become all they
are capable of (self-realization).
According to the Maslow”s formulation, the levels that
commands the individuals attention and effort is ordinarily the lowest
one on which there is an unmet need. For example, unless needs for
food and safety are reasonably well-met behavior will be dominated by
these needs and higher motives are of little significant. With their
gratification, however, the individual is free to devote time and effort to
meet higher level. In other words, one level must at least be partially
satisfied before those at the next level become determiners of action.
Frustration, Conflict and Anxiety
Frustration refers to the unpleasant feelings that result from
the blocking of motive satisfaction. It is a form of stress, which results
in tension. It is a feeling that is experienced when something interferes
with our hopes, wishes, plans and expectations (Coleman, 1980).
Conflict refers to the simultaneous arousal of two or more incompatible
motives resulting to unpleasant emotions. It is a source of frustration
because it is a threat to normal behavior (Berstein, et al, 1991).
Types of Conflicts
1.
Double Approach Conflict – a person is motivated to
engage in two desirable activities that cannot be pursued
simultaneously.
2. Double Avoidance Conflict – a person faces two
undesirable situations in which the avoidance of one is the
exposure to the other resulting to an intense emotion.
3. Approach-Avoidance Conflict – a person faces situation
having both a desirable and undesirable feature. It is
sometimes called “dilemma”, because some negative and
some positive features must be accepted regardless which
course of action is chosen.
4. Multiple Approach-Avoidance Conflict – a situation in which
a choice must be made between two or more alternatives
often difficult to compare.
13

Anxiety is an intangible feeling that seems to evade any
effort to resolve it. It is also called neurotic fear. It could be intense, it
could be low and can be a motivating force (Coleman, 1980). Stress
is the process of adjusting to or dealing with circumstances that
disrupts, or threatens to disrupt a person’s physical or psychological
functioning (Bernstein, et al, 1991)
The Ego Defense Mechanisms
The defense mechanisms are the unconscious techniques
used to prevent a person’s self image from being damaged. When
stress becomes quite strong, an individual strives to protect his self-
esteem, avoiding defeat. We all use ego defense mechanisms to
protect us from anxiety and maintain our feeling of personal worth.
We consider them normal adjustive reactions when they are use to
excess and threaten self-integrity (Bernstein, et al, 1991). Example:
Denial of Reality – protection of oneself from unpleasant reality by
refusal to perceive or face it. Simply by avoiding something that is
unpleasant. Fantasy – the gratification of frustration desires in
imaginary achievement. Paying attention not to what is going on
around him but rather to what is taking place in his thoughts.
Perspective on the Causes of Criminal Behavior
1. Anxiety (Psychological Perspective) – stressful situations
that when become extreme may result to maladaptive
behavior.
2. Faulty Learning (Behavior Perspective) – the failure to
learn the necessary adaptive behavior due to wrongful
development. This usually result to delinquent behavior
based on the failure to learn the necessary social values
and norms.
3. Blocked of Distorted Personal Growth (Humanistic
Perspective) - presumably, human nature tends towards
cooperation and constructive activities, however, if we
show aggression, cruelty or other violent behavior, the
result will be an unfavorable environment.
4. Unsatisfactory interpersonal relationship - self concept in
early childhood by over critical parents or by rigid
socialization measures usually causes deviant behaviors
among individuals because they are not contented and
even unhappy among individuals because they are not
contented and even unhappy to the kind of social dealings
they are facing.
5. Pathological social conditions – poverty, social
discrimination, and destructive violence always results to
deviant behavior.
PATTERNS OF CRIMINAL BEHAVIOR
NEUROTIC OR PSYCHONEUROTIC PATTERNS - are
groups of mild functional personality disorders in which there is no
gross personality disorganization, the individual does not lose contact
with reality, and hospitalization is not required.
Anxiety Disorders - Anxiety disorders are commonly known
as “neurotic fear”. When it is occasional but intense, it is called
“panic”. When it is mild but continuous, it is called “worry” which is
usually accompanied by physiological symptoms such as sustained
muscular tension, increased blood pressure, insomnia, etc. They are
considered as the central feature of all neurotic patterns. These
disorders are characterized by mild depressions, fear and tensions,
and mild stresses.
1. Obsessive-compulsive disorders - Obsessions usually
centered on fear that one will submit to an uncontrollable
impulse to do something wrong. Compulsion on the other
hand resulted from repetitive acts (Wicks, 1974). An
obsessive-compulsive disorder is characterized by the
following: When an individual is compelled to think about
something that he do not want to think about or carry some
actions against his will, and the experience of persistent
thoughts that we cannot seem to get out of our minds such
as thoughts about haunting situations.
2. Asthenic Disorders (Neurasthenia) - An anxiety disorder
characterized by chronic mental and physical fatigue and
various aches and pains. Symptoms include spending too
much sleep to avoid fatigue but to no avail, even feel worse
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upon awake, headaches, indigestion, back pains, and
dizziness.
3. Phobic Disorders - These refer to the persistent fear on
some objects or situation that present no actual danger to
the person. Examples of Phobia: Acrophobia - fear of high
places
Somatoform Disorders - Complaints of bodily symptoms
that suggest the presence of physical problem but no organic basis
can be found. The individual is pre-occupied with his state of health
or diseases.
1. Hypochondriasis - This refers to the excessive
concern about state of health or physical condition
(multiplicity about illness)
2. Psychogenic Pain Disorder - It is characterized
by the report of severe and lasting pain. Either no physical
basis is apparent reaction greatly in excess of what would
be expected from the physical abnormality.
3. Conversion Disorders (Hysteria) - It is a neurotic
pattern in which symptoms of some physical malfunction or
loss of control without any underlying organic abnormality.
Dissociative Disorders - A response to obvious stress
characterized by amnesia, multiple personality, and
depersonalization.
1. Amnesia - The partial or total inability to recall or identify
past experiences following a traumatic incident. Brain
pathology amnesia – total loss of memory and it cannot be
retrieved by simple means. It requires long period of
medication. Psychogenic amnesia – failure to recall stored
information and still they are beneath the level of
consciousness but “forgotten material.”
2. Multiple Personality - It is also called “dual personalities.”
The reason manifests two or more symptoms of personality
usually dramatically different.
3. Depersonalization - The loss of sense of self or the so-
called out of body experience. There is a feeling of
detachment from one’s mental processes or body or being
in a dream state. Cases of somnambulism (sleep walking)
may fall under this disorder.
Mood Disorders (Affective Disorders) - often referred to as
affective disorders however the critical pathology in these disorders
is one of mood which is the internal state of a person, and not of
affect, the external expression of emotional content (Manual of
Mental Disorder).
1. Depressive Disorders (Major Depressive
Disorder) – Patients with depressed mood have a loss of
energy and interest, feeling of guilt, difficulty in
concentrating, loss of appetite, and thoughts of death or
suicide, they are not affected with manic episodes.
2. Dysthymic Disorder – a mild form of major
depressive disorder
3. Bipolar Disorders - those experienced by patients
with both manic and depressive episodes.
4. Cyclothymic Disorder – a less severe form of
bipolar disorder
PSYCHOPATHIC PATTERNS - group of abnormal behaviors,
which typically stemmed from immature and distorted
personality development, resulting in persistent maladaptive
ways of perceiving and thinking. They are generally called
“personality or character disorders”. These groups of disorders
are composed of the following:
Personality Disorders - The disorders of character, the
person is characterized as a “problematic” without psychoses. This
disorder is characterized disrupted personal relationship, dependent
or passive aggressive behavior.
 Paranoid Personality Disorder - It is characterized by
suspicious, rigidity, envy, hypersensitivity, excessive self-
importance, argumentativeness and tendency to blame
others of one’s own mistakes.
 Schizoid Personality Disorder - This is characterized by the
inability to form social relationship and lack of interest in
14
 doing so. The person seem to express their feelings, they
lack social skills. They are the so-called “loners”.
 Schizotypal Personality Disorder - It is characterized by
seclusiveness, over sensitivity, avoidance of
communication and superstitious thinking is common.
 Histrionic Personality Disorder - It is characterized by
immaturity, excitability, emotional instability and self-
dramatization.
 Narcissistic Personality Disorder - It is characterized by an
exaggerated sense of self-importance and pre-occupation
with receiving attention. The person usually expects and
demands special treatment from others and disregarding
the rights and feeling of others.
 Borderline Personality Disorder - It is characterized by
instability reflected in drastic mood shifts and behavior
problems. The person usually displays intense anger
outburst with little provocation and he is impulsive,
unpredictable, and periodically unstable.
 Avoidant Personality Disorder - It is characterized by
hypersensitivity to rejection and apprehensive alertness to
any sign of social derogation. Person is reluctant to enter
into social interaction.
 Dependent Personality Disorder - It is characterized by
extreme dependence on other people – there is acute
discomfort and even panic to be alone. The person lacks
confidence and feels helpless.
 Passive-Aggressive Personality Disorder - It is
characterized by being hostile expressed in indirect and
non-violent ways. They are so called “stubborn”.
 Compulsive Personality Disorder - It is characterized by
excessive concern with rules, order, and efficiency that
everyone does things their way and an ability to express
warm feeling. The person is over conscientious, serious,
and with difficulty in doing things for relaxation.
 Anti-social Personality Disorder - It is characterized by
continuing violation of the rights of others through
aggressive, anti-social behavior with out remorse or loyalty
to anyone.
PSYCHOTIC PATTERNS - are group of disorders involving
gross structural defects in the brain tissue, severe disorientation of
the mind thus it involves loss of contact with reality.
Organic Mental Disorders - A diagnosis of organic mental
disorder is associated with a specific, identified organic cause, such
as abnormalities of the brain structure. These are mental disorder
that occurs when the normal brain has been damage resulted from
any interference of the functioning of the brain.
1. Acute brain disorder – caused by a diffuse
impairment of the brain function. Its symptoms range from
mild mood changes to acute delirium.
2. Chronic brain disorder – the brain disorder that
result from injuries, diseases, drugs, and a variety of other
conditions. Its symptoms includes impairment of orientation
(time, place and person), impairment of memory, learning,
comprehension and judgement, emotion and self-control.
Groups of Organic Mental Disorders
1. Delirium – the severe impairment of information
processing in the brain affecting the basic process of
attention, perception, memory and thinking.
2. Dementia – deterioration in intellectual
functioning after completing brain maturation. The defect in
the process of acquiring knowledge or skill, problem
solving, and judgement.
3. Amnestic Syndrome – the inability to remember
on going events more than a few minutes after they have
taken place.
4. Hallucinosis – the persistent occurrence of
hallucinations, the false perception that arise in full
wakefulness state. This includes hallucinations on visual
and hearing or both.
5. Organic Delusional Syndrome – the false belief
arising in a setting of known or suspected brain damage.
6. Organic Affective Syndrome – the
extreme/severe manic or depressive state with the
impairment of the cerebral function.
CnD REVIEW CENTER
7. Organic Personality Syndrome – the general
personality changes following brain damage.
8. General Paresis – also called “dimentia
paralytica”, a syphilitic infection o f the brain and involving
impairment of the CNS.
Disorders Involving Brain Tumor - A tumor is a new growth
involving abnormal enlargement of body tissue. Brain tumor can
cause a variety of personality alterations, and it may lead to any
neurotic behavior and consequently psychotic behavior.
Disorders Involving Head Injury - Injury to the head as a
result of falls, blows and accidents causing sensory and motor
disorders.
Senile and Presenile Dementia
Mental retardation - Metal retardation is a mental disorder
characterized by sub-average general functioning existing
concurrency with deficits in adaptive behavior. It is a common mental
disorder before the age of 18. The person is suffering from low I.Q.,
difficulty in focusing attention and deficiency in fast learning.
Schizophrenia and Paranoia - Schizophrenia – refers to the
group of psychotic disorders characterized by gross distortions of
realty, withdrawal of social interaction, disorganization and
fragmentation of perception, thoughts and emotion. It also refers to
terms such as “mental deterioration”, “dementia praecox”, or “split
mind”. Paranoia – it is a psychosis characterized by a systemized
delusional system. A delusion is a firm belief opposed to reality but
maintained in spite of strong evidence to the contrary. It is also a
psychosis characterized by delusion of apprehension following a
failure or frustration.
ADDICTIVE BEHAVIORAL PATTERNS - Psychoactive
substance-use disorders such as alcoholism affects millions of
people. Addiction and psychological dependence on these
substances create disastrous personal and social problems
(Bernstein, 1991).
SEXUAL DYSFUCNTIONAL PATTERNS - Sexual deviations to
the impairment to either the desire for sexual gratification or in the
ability to achieve it (Coleman, 1980).
Those Affecting Males
1. Erectile Insufficiency (Impotency) – it is a sexual disorder
characterized by the inability to achieve or maintain
erection for successful intercourse.
2. Pre-mature Ejaculation – it is the unsatisfactory brief period
of sexual stimulation that result to the failure of the female
partner to achieve satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate during
intercourse – resulting to worry between partners.
Those Affecting Women
1. Arousal Insufficiency (Frigidity) – a sexual disorder
characterized by partial or complete failure to attain the
lubrication or swelling response of sexual excitement by
the female partner.
2. Orgasmic Dysfunction – a sexual disorder characterized by
the difficulty in achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at the
entrance to the vagina that prevent penetration of the male
sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual acts
in women.
Sexual Behaviors leading to Sex Crimes
As to Sexual Reversals
 Homosexuality – it is a sexual behavior directed towards
the same sex. It is also called “lesbianism/tribadism” for
female relationship.
 Transvestism – refers to the achievement of sexual
excitation by dressing as a member of the opposite sex
such a man who wears female apparel.
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  Fetishism – sexual gratification is obtained by looking at
some body parts, underwear of the opposite sex or other
objects associated with the opposite sex.
As to the Choice of Partner
 Pedophilia – a sexual perversion where a person has the
compulsive desire to have sexual intercourse with a child of
either sex.
 Bestiality – the sexual gratification is attained by having
sexual intercourse with animals
 Auto-sexual (self-gratification/masturbation) – it is also
called “self abuse”, sexual satisfaction is carried out without
the cooperation of another.
 Gerontophilia – is a sexual desire with an elder person.
 Necrophilia – an erotic desire or actual intercourse with a
corpse
 Incest – a sexual relation between person who, by reason
of blood relationship cannot legally marry.
As to Sexual Urge
 Satyriasis – an excessive (sexual urge) desire of men to
have sexual intercourse
 Nymphomania – a strong sexual feeling of women with an
excessive sexual urge.
As Mode of Sexual Expression
 Oralism – it is the use of mouth or the tongue as a way of
sexual satisfaction.
a.Fellatio – male sex organ to the mouth of the women
coupled with the act of sucking that initiates orgasm.
b.Cunnilingus – sexual gratification is attained by licking
the external female genitalia.
c.Anilism (anillingus) – licking the anus of the sexual
partner
 Sado-Masochism (Algolagnia) – pain/cruelty for sexual
gratification.
Sadism – achievement of sexual stimulation and
gratification through the infliction of physical pain on the
sexual partner. It may also be associated with animals or
objects instead of human beings.
Masochism – infliction of pain to oneself to achieve sexual
pleasure.
As to Part of the Body
 Sodomy – is a sexual act through the anus of the sexual
partner.
 Uranism – sexual gratification is attained through fingering,
holding the breast of licking parts of the body.
 Frottage – the act of rubbing the sex organ against body
parts of another person.
 Partailism – it refers to the sexual libido on any part of the
body of a sexual partner.
As to visual stimulus
 Voyeurism – the person is commonly called “the peeping
Tom”, an achievement of sexual pleasures through
clandestine peeping such as peeping to dressing room,
couples room, toilets, etc. and frequently the person
masturbate during the peeping activity.
 Scoptophilia – the intentional act of watching people
undress or during sexual intimacies.
As to Number of Participants in the Sexual Act
 Troilism – three persons participate in sex orgy such as two
women versus on man or vice versa.
 Pluralism – group of persons in sexual orgies such as
couple to couple sexual relations. It is also called “sexual
festival”.
Other Sexual Abnormalities
CnD REVIEW CENTER
 Exhibitionism – it is called “indecent exposure”, intentional
exposure of genitals to members of the opposite sex under
inappropriate conditions.
 Coprolalia – the use of obscene language to achieve
sexual satisfaction.
 Don Juanism – the act of seducing women as a career with
out permanency of sexual partner or companion.
HUMAN BEHAVIOR & CRISIS MANAGEMENT
CONCEPTS OF CRISIS AND EMERGENCY
CRISIS is a period of disorganization, period of upset
during which people attempts at arriving at solution of problems. It is
a crucial or decisive point or situation; a turning point; an unstable
condition, as in political, social, or economic. It is a state provokes
when a person faces obstacles or hazards to an important life goal.
The term Crisis is derived from the Greek word “krisis” which means
to separate; a turning point decision in a process of an affair or a
series of events.
EMERGENCY – is derived from the Latin word
“emergencia” which means dipping/plugging. A sudden condition or a
state of affairs calling for an immediate action.
TYPES OF CRISIS
MAN-MADE CRISIS - civil disturbances - strike, riot,
demonstration - revolt such as mutiny and insurrection - revolution,
border incident - war: conventional or nuclear – crimes: kidnapping,
hijacking, hostage-taking, etc
NATURAL CRISIS - fire, floods, earthquake, tidal waves -
marine/air disaster, hazardous spills, power failure, nuclear accidents
- water/food shortage/scarcity, drought - volcanic eruption, epidemic,
etc.
INDIVIDUAL CRISIS – It refers to the feeling that arises
when a person faces unpleasant situation such as frustrations and
conflicts. This includes:
1. Physical Crisis – those that are related to health
problems or bodily sickness/sufferings.
2. Economics Crisis – the deprivation of the basic
necessities of life like food and material things.
3. Emotional Crisis – when an individual is affected by
negative feelings like emotional disturbances, fear, etc.
4. Social Crisis – the experiencing lack of interest,
confidence and social skills to relate meaningful,
harmonious relationship with others.
5. Moral Crisis – the person has an irrational or distorted
concepts of what is right or wrong, lack of moral values and
integrity of the person.
6. Psychosexual Crisis – failure of the person to assume
ones sex role and identity as a man or woman. The person
has an inappropriate sex objective, inadequate and
distorted expression of affection.
CRISIS MANAGEMENT defined
Crisis management is the proper utilization of all available
resources and the formulation of policies and procedures to
effectively deal with progressive sequence of events (crisis) and
sudden or unforeseen state (emergency).
PURPOSES OF CRISIS MANAGEMENT
1. It sets concepts, policies and general procedures of
handling crisis situation.
2. It guides and assist law enforcers in the formulation of
crisis management contingency plans and SOP’s to
address crisis situations.
THE CRISIS MANAGEMENT DOCTRINE
This doctrine specifically addresses crisis situations arising
out of the action of mentally deranged individuals, criminals or
16
terrorist elements that use violence or threat to pursue their needs.
Crisis envisioned to be covered under this doctrine include among
others, hostage taking, sea jacking, hijacking, occupation of vital
installation, ambush and arson, with the use of violence or threat
followed by blackmail, demands for ransom, safe-control, publicity
and the like.
The crisis may start as basically police or special unit matter,
but could develop in proportion and dimension requiring further
military operations. This doctrine also will not address crisis when the
purview and jurisdiction of the National Disaster Coordinating Council
(NDCC), Peace and order council, the Cabinet Crisis Committee or
the National Security Council (NSC) and other national committee
which could be military, economic, political, social or combination
thereof, in nature. The general idea is to prevent the occurrence of a
crisis, ensure a probability of success in minimizing or neutralizing
the perpetrator or to return the situation into normalcy.
NATIONAL POLICY
The Philippines subscribed to all international conventions
and initiatives against terrorism and will participate in all endeavors
designed to strengthen international cooperation in order to prevent
and neutralize terrorist acts.
PNP/AFP POLICY
The PNP/AFP shall be guided by the national policy on
terrorism and will strictly implement it. The use of peaceful means
shall always be employed. The AFP will not compromise nor make
concessions to terrorist even if involves the personnel or property.
The AFP will act promptly, decisively and effectively, choosing from
the whole range of military actions appropriate to the circumstances.
PHASES OF CRISIS MANAGEMENT
PRO-ACTIVE PHASES – is the stage of advance planning,
organization and coordination and control in response to an
anticipated future crisis occurrence. This phase is designed to
predict or prevent probability or occurrence of the crisis while at the
same time prepares to handle them when they occur.
1. PREDICTION - The first stage of anticipating
future crisis occurrences through the following;
 Update- Intelligence – involves the collection
of information from variety of sources as
basis of actions and plan; those that are
related to crisis management contingency
planning.
 Events – are those incidents that are
already passed which can facilitate analysis
necessary for identification of probable
threat groups, targets and necessary for
advance planning.
 Threat Analysis of Threat Groups
a. Political Terrorist – ideologically
inspire individuals who grouped
together for a common purpose
usually for change of government
or political power. Ex. CPP/NPA,
SPT’s, etc.
b. Criminals – these are people who
commit terrorist acts for personal
rather than ideological gains.
Some of the terrorist acts such as
kidnapping are well planned, other
are not planned, but happens as a
result of the fast response time by
LEAs to an on going crime. For
instance, a number of bank
robberies have evolved into
unplanned hostage situation when
policemen arrive in response to an
alarm robbery is in progress.
CnD REVIEW CENTER
c. Mentally Deranged Individuals –
people commit terroristic acts
during a period of psychiatric
disturbance. This type is the most
difficult terrorist to deal with. Many
of them are impulsive and
unpredictable.
2. PREVENTION - This pro-active phase considers
counter measures as part of the total system of
operation. Such counter measures involves the
following;
 Operation Security – a counter intelligence
measure where all aspect of awareness and
training must be considered to prevent
threat groups from learning the units plans
methods of operations. It also refers to
measures taken in conducting operations or
activities in secure and effective manner.
 Personal Security – it considers that all
personnel are susceptible to terrorist attack
so the is a need for securing them. All
security measures designed to prevent
unsuitable individuals of DOUGHTFUL
LOYALTY from gaining access to classified
matters or security facilities.
Considerations of Personnel Threat Assessment
1. Rank and Risk – higher ranking personnel have great
risk level. In high-risk areas, secure high ranking
officers because they may be selected as terrorist
targets by special knowledge they possess.
2. Threat Level (Potential Threats)
a. Primary targets are high-ranking military or police
officers, government officials, foreign ministries,
other VIPs and persons possessing sensitive
information.
b. Secondary targets – those selected as alternative
terrorist targets to gain publicity.
c. Randomly selected targets – Military or police
personnel who are not off duty or engage in
private activities and become targets of
opportunity.
Stages in preparation of Personnel Security Program
1. Planning – threat analysis and assessment of
available personnel security resources.
2. Personal security education procedures are adopted.
3. Awareness – periodic briefing, public info drive,
printed materials.
4. Education – education on terrorist tactics, sparrow
opens and the like.
5. Physical Security – encompasses protection of info,
material and people including perimeter installation. A
system of barrier placed between the potential intruder
and the material to be protected.
3. PREPARATION - this pro-active phase involves
organizing training and equipment personnel of
the organization. In general, military commanders
and officers of the PNP must organize, train and
equip special reaction, security and negotiation
elements and provide their immediate activation
when the need arises.
National Level Organization
NCCM – National Committee on Crisis Management -
Serves as the umbrella organization for crisis management. The
primary concern is the formulation of crisis management policies,
integration of mil/pol to public efforts towards the prevention and
control of crisis. It is composed by:
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 1. PAFSECOM – Philippine Air Force Security
Command
2. PNSWG – Philippine Navy Special Welfare Group
3. PASAG – Philippine Army Special Action Group
4. PNPSAG – Philippine National Police Special Action
Group
RCAG – Regional Crisis Action Group
RCMOC – Regional Crisis Management Operation Center -
the point of all communications from the OSCP
OSCP – On-Scene Command Post
The OSCP shall establish with in the crisis incident site. It is a
post or unit with in a probable target to be headed by an on-scene
commander (OSC) whose responsibility is to take charge of every
happening of a crisis incident scene.
Composition of the OSCP
TACTICAL UNIT – composed of regular military or police
placed under the operational command of the OSC.
1. Reaction Element – Special action unit which are specially
organized, equipped and deployed in the region to hold
special operation in cases of crisis incident.
2. Security Element – military or police personnel task to
protect the area of perimeter security to prevent occurrence
of unnecessary incidents.
SUPPORT UNIT – It is a unit that provides the necessary
administrative, operational and logistic support of the OSC.
1. Intelligence Team – responsible for the collection and
processing of all information needed by the OSC.
2. Communication Team – responsible for insuring effective
communication between OSC and other units or sub-units.
3. Logistic Team – responsible for ensuring mess services,
supplies (clothing, equipment, transportation) and other
logistic services.
4. Medical Team – responsible for all medical supplies and
services in cases of crisis incidents.
5. Fire Fighting Team – responsible for all services related to
extinguishing fires intentionally set by perpetrators or
during the result of operations.
6. Administrative Personnel – personnel assigned to OSC to
keep written records of events, in coming or outgoing
communications.
7. Legal/Investigation Team – services of investigation,
preservation of evidence, documents and legal advice to
the OSC.
NEGOTIATION UNIT – It is headed by a chief negotiator
and composed of two or more members. Their primary concern is to
serve first life, prevent destruction and pave the way for a peaceful
resolution of crisis situations.
THE REACTIVE PHASE
When a crisis occur despite the pro-active effort, the
organization concerned must be prepare to perform the crisis
management in accordance with their plan.
PERFORMANCE - It is the action stage, the implementation of
the crisis management contingency plan.
1.
The Initial Action – the stage taken by the Initial Action
Unit, which is composed of police and military personnel
immediately organized into team to initially respond to take
incident and begin the containment effort. They are
responsible for:
 maintain control of the situation
 report the matter to the RCAG through channels
 secure the scene by establishing perimeter
security
 evacuate by standers if possible
CnD REVIEW CENTER
 prevent escape of perpetrator
 take maximum control
2. The Action Stage - The action stage starts as soon as the
tactical, support unit and the negotiation unit arrived and
are deployed. The OSC discusses the incident with his
commander and staff and decides on the plans and actions
to be taken.
 Negotiation – chief negotiator undertakes
negotiation as soon as he has been properly
briefed and received appropriate instruction from
the OSC. He shall keep the OSCP informed of
the progress of negotiations and shall take
instructions only from the OSC. No further
negotiation shall be under take when the tactical
unit commander initiates tactical operations.
 Tactical Action – the tactical commander makes
a complete estimate of the crisis situation and
plans his courses of action upon arrival at the
scene while negotiation is in progress. He shall
maintain and continuous contact with the OSCP.
He shall take over authority on reaction element
through out the tactical operations. He shall take
instructions only from the OSC and coordinate all
support requirements with the OSCP.
3. The Post Action Stage - This stage begin as soon as the
perpetrator surrendered, captured or neutralized. OSC
shall ensure that the following are accomplished:
 Protection of the incident scene
 Investigation of the incident preservation of
evidence
 Documentation
 SS – witnesses, hostage, perpetrators and other
key participants of the incident.
 Recovered, documented, preserve evidences
 Pictorials, written reports
 Filing and prosecution of cases
 Damage Compensation and rehabilitation
He also initiates recommendation for the compensation
and provide assistance to civilian killed and injured during tactical
operations. He initiates recommendation for the rehabilitation,
construction of damage or essential infrastructures.
Training and re-training of unit personnel special units and
negotiators shall continue with their training to improve their
proficiency and enhance their readiness.
CONCERNS OF CRISIS MANAGEMENT
TERRORISM
Terrorism is …
 a threat or actual use of force or violence for political
or other purpose, to foster fear, insecurity, distrust,
and unrest among a specific group or the general
population.
 “Violence for effect… not primarily, and sometimes not
all for the physical effect on the actual target, but
rather for its dramatic impact on an audience.”
 “The calculated use of violence or the threat of
violence t attain goals, often political or ideological in
nature”.
 “ Is violent criminal behavior designed to generate fear
in the community, or a substantial segment of it, for
political purposes.
Classification of Terrorist
1. National Terrorist - A terrorist who operates and aspires to
political power primarily within a single nation.
2. Transnational Terrorist - This is a terrorist who operates
across national boarders, whose actions and political
aspirations may affect individual of more than one
nationality.
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 3. International Terrorists - A terrorists who is controlled by, 4. Fatalist – they can create destruction affecting the whole
and whose actions represent the national interest of a nation.
sovereign state. 5. Undercover operations
6. Small groups mean security efficiency
MOTIVATION AND GROUP CLASSIFICATION Immediate Goals of Terrorist

What causes a rational thinking human being to terrorize 1. Local, national, worldwide recognition for a cause.
society? Assuming that the terrorists think rationally ( and most of 2. They cause government reactions.
them possess a high degree of rationality ), we must look to the 3. Harass, weaken, embarrass government and government
terrorists motives if we are to understand them, to think like them, forces.
and to ultimately them. 4. Demonstrate power and threat credibility.
5. Obtain money and equipment.
1. Minority Nationalistic Groups - groups fighting the majority 6. Destruction of communication.
of the community where the support base will depend one 7. Prevent and delay executive decisions.
ethnic, religion, linguistic minorities at odd with the majority 8. Cause strikes or prevent elections, free or prevent
community. elections.
9. Satisfy vengeance.
2. Marxist Revolutionary Groups – here, the terrorists’
movement is characterized by its possession of a coherent Long Range Goals of Terrorist
Marxist ideology and of a long-term strategy for bringing
about the socialistic revolution. 1. Cause drastic changes in the government.
2. Turn the system favorable to their side.
3. Anarchist Group - True Anarchist are difficult to find since 3. Gain political recognition as a legal body representing an
true anarchy brings lawlessness and disorder, which is not ethnic or national group.
a natural state in which the human race exists.
Cooperation among Terrorist
4. Pathological Groups – problematic individuals who are
grouped together for some terrorist activities for emotional 1. Sharing resources (logistic support)
satisfaction. 2. Sharing expertise.
3. Sharing safe havens.
TERRORISTS PROFILE (based on commonalties of international 4. Participating in joint operations.
terrorists)
Organization of Terrorist Groups
1. under 30 years of age
2. action oriented - some are college educated The way terrorist group organized is determined by it’s the
3. from affluent/middle-class need of security and the number of people in the group.
4. often trained in medical, legal, engineering, teaching
professions 1. Larger Groups – less secured
5. terrorism rarely full-time occupation 2. Small Groups – high degree of security but
6. inward assurance of strength limited to operational capabilities.
7. paradoxically, basically lonely
8. believes he/she to be morally superior and in own mind is As to group size, the large group can only succeed over a
right longer term in a week political environment.
9. indifferent to suffering of his immediate victims As to group security, government forces attempt to destroy
10. looks to colleagues for acceptance terrorist group or keep them in defensive position to discourage them
11. wants respect from victims from mobilizing new to be extremely covert.
12. willing to sacrifice self
13. seek publicity Terrorist Operation
14. believes violence is morally justified to support cause
1. Covert and well executed.
Nature of Political Terrorist 2. Carried out by specially well-trained and organized
clandestine elements.
1. It is a part of revolutionary strategy. 3. Weapons – basic arms and explosives but continue to seek
2. Manifest in acts on socially unacceptable means. advance weaponry.
3. Symbolic target selection. 4. Training – they are trained on subversion, weaponry,
4. Creates psychological effects on population to change negotiation practices and espionage.
behavior attitude. 5. Members of clandestine elements are of above average
5. It forces the government to take drastic measures. intelligence.
6. Combines political and criminal terroristic tactics.
Methods of Operations
Aims of Political Terrorist
1. They operate in small bands
1. Influence, discredit and destroy present system. 2. They carry light automatic weapons, grenades, basic
2. To break down social structures. explosives, ammunitions and communication equipment.
3. Erode trust in established government. 3. They mask their activities with the local populace.
4. Foster insecurity and fears. 4. Team includes assaults and security elements.
5. Shows that the government is incapable of protecting the 5. Leaders serve as negotiators.
people. 6. They watch out for counter intelligence measures of the
6. Forces the government to overreact to use excessive government forces.
measures or force. 7. In hostage taking, hostages are usually separated in safe
7. Destroy property. houses to prevent communications and escape, planning,
8. Disrupt law and order and intelligence gathering.
9. Propaganda Sequence of Terrorist Action
10. Create a ripe climate to revolution.
1. Pre-incident phase – reconnaissance mission, Rehearsal
Common Characteristics of Terrorist  Often reconnaissance team, planners, perpetrators do
not meet.
1. Promote fear  Communication are through intermediaries or by
2. Main objective is publicity message drop.
3. Highly mobile
CnD REVIEW CENTER 19
 2. Initiative Phase – moves to their target covertly. progressive taxation scheme of the CPAA/NPA is a form of extortion
 they use false names, ID, passports through coercion or use of force against the victim or his property.
 they use separate routes
 weapons and other items are separately to pre- TERRORIST TARGETS
arrange locations
1. MILITARY/POLICE
3. Negotiation/Climax Phases  command and control facilities
 they use negotiation to gain publicity.  logistic/storage facilities
 Negotiation- often requires inter-government  computer facilities
negotiations at the highest level.  explosives, sensitive weapons, arms and
 When government failed to give demands, they initiate ammunition depots
more terror
2. ENGINEERING AND
4. Post incident Phase ENERGY SYSTEM
 they learn from their failures and success  hydroelectric plants
 terrorist re-groups, criticize and give critique about the  offshore oil rigs
operation.  nuclear facility sites
 gas pipelines
 dams and electric power lines
TERRORIST TACTICS
3. COMMUNICATION AND
BOMBING SUPPLIES
1. communication
Delivery to target is done through: lines and facilities
2. chemical storage
1. Vehicle Bomb-booby traps with sites
attached devices 3. dock facilities
2. Laid Charges-bomb plates 4. equipment
3. Projected bombs-launched from warehouse
riffles by a mortal device 5. computer facilities
4. Postal/mail bombs
4. TRANSPORTATION
Activation means:  rail lines and cars
 bus depots
1. Command activation by  airports and aircraft
leads, pull wire or mechanism  trucking and facilities
2. Action by the subject/top  shipyards and ships
pressure device, light sense electric switch
 mainland routes and bridge
3. Time delay clock/burning
chemical delay
5. HUMAN
 members of the diplomatic crops
ARSON - This is use to destroy or to disrupt public utilities,
political HQs and industrial facilities.  government officials
 corporate executives
HIJACKING - Hijacking and skyjacking are commonly used  police and military forces
by terrorists. The hijack supply, ammunitions, fuel cargoes, and  dependents/close relatives of the above
vehicles to provide them to gain entry to a close military area,
skyjacking of commercial aircraft to gain publicity or to ask demands.
6. VULNERABILITIES -
ASSASSINATION - The oldest but the commonly used Vulnerabilities are the weaknesses the installation security
terrorist tactic where targets are often police or military officials or and high risk targets with in such installation. These
political features and they always claim responsibility of vulnerabilities are normally identified through security
assassination. surveys and inspections conducted periodically or on the
spot intelligence and security units staffs.
AMBUSH - This is a well-planned, well thought-out,
properly rehearsed and precisely The analysis of the threat to certain installation is based on
executed operation. The terrorist has time on his side and will spend information with both static and dynamic dimensions.
considerable time preparing for an operation. Terrorist have an
advantage in that they can choose the time and place of operation.  STATIC DIMENSIONS –
terrain, nationality of population, major industry in the
area, location of installation, mission of the installation
 DYNAMIC DIMENSIONS -
assignment of personnel, security measures used
relations with civilian security, demonstrations within
KIDNAPPING - Kidnapping for ransoms is the most post location
common form of this tactic. The victim is normally confined in a  DYNAMIC DIMENTIONS
secret hideout and kidnappers make material demands. THAT ARE HARDLY CONTROLLABLE – weather,
activities of hostile groups, economic conditions, local
HOSTAGE TAKING - The hostage-taker confronts the law enforcement, off post demonstrations
authorities and openly holds the victims for ransom. His demands are
more than just material in nature. Political concessions are the The vulnerability of installations can be determined to some
frequency demanded in exchange for the hostage lives. extent through the consideration of the following factors:

ROBBERIES/EXTORTIONS - Terrorist operations are  Installation characteristics

expensive. To help finance their activities, terrorists rob banks and
armored vehicles carrying large sums of cash. Bank robberies are
also used as graduation exercises for terrorist training programs and
viewed as a tactical operation. The conduct reconnaissance, plan
escape routes and operates in the high degree of efficiency and the
and its attractiveness as a target for the terrorist acts.
 status of training personnel
 availability of
communications

CnD REVIEW CENTER 20

  non-military law enforcement
resources
 time and distance from
military installation able to lend assistance
 geographic region
 proximity to foreign borders
 access to installation
 terrain
HOSTAGE SITUATION
This is termed as crisis by the law enforcement officers and
behavioral professionals. This situation exist when one or more
individuals are held captive by other person or persons against their
will for purposes of demanding material things or due to behavioral
maladies. Criminal type hostage takers may direct their demand
towards the government or to other private individuals. Mentally or
emotionally disturbed may take hostages out of nothing or due to
uncontrollable forces.
In dealing with hostage situations, the priorities are to 1)
preserve lives, 2) apprehend the captors, and 3) recover or protect
properties. Negotiators should be prepared for this kind of situation
since it will take them a long period of time to contain the situation.
According to experts, a hostage taking may last for an hour to more
than forty hours. Hostage takers and hostages and even the
negotiators become tired and stressed out of the long period of crisis
intervention. Hostages become impatient waiting for their safe
release or rescue. With this, there is a great possibility of the birth of
the Stockholm’s Syndrome. This is characterized by transference of
attention between the captors and captives. The hostage towards his
captors may generate positive feelings.
Negotiators can have enough time to contain and isolate
the scene. The initial state of high emotion is given time to subside
and rational thinking to return. The lives of the hostages become
more secure as the holder realizes the value of their continued
safety; and fatigue will set in and alertness will fade.
It was research by experts that passage of time is in favor
of the hostages and to the negotiators. In the first hour of the
situation, the hostage taker is at rage and tension is at peak. As time
passes mental, emotional and physical fatigue will be increased and
will operate against the hostage taker. As this happen, the above-
enumerated benefits of slowing time operate.
STAGES OF A HOSTAGE SITUATION
Alarm Stage - This stage is the most traumatic and
dangerous. In the alarm stage, the emotion of the hostage taker is
exceedingly in its highest peak, his rationalization and proper thinking
is low, He may be extremely aggressive in his reaction to any
perceived threat. E.g. escape of hostages, tactical assault, trickery
etc.
In order for the perpetrator gain cooperation from the
hostages, he usually terrorizes the hostages into submission. At this
stage he may also inclined to inflict physical harm or even kill anyone
who interferes with their attempts. (Strentz, 1984, p. 190). The same
is the situation in the part of the hostages. Since no one knows when
or does not want that they will be held hostages. This is considered
as a traumatic stage as they fear much for their lives. From a
peaceful situation, turns into a life and death situation ticking every
minute and the lives of the hostages depend on the hand of the
hostage taker. (Herman, 1995, p. 92). A person taken as hostage
becomes impatient, denial of reality sets in them, particularly when
those they expect to help seem to be doing nothing. In order to cope
immediately with this agitated feeling, one must put into place a will
to survive since panic may cause over reaction in the part of the
hostage taker and diminishes the chances of survival. It is also
important that hostages should disregard any notion of being a hero.
(Strentz, 1984, p. 196)
Crisis Stage - In this stage, when negotiation attempts are
being initiated by the crisis negotiator. Outrageous demands and
unpredictable emotion is marked or commonly noted in the hostage
taker. There is still a great deal of danger since hostage takers try to
consolidate their positions. To do these, they try to move their
hostages to a safer ground area. On the part of the captive, this is
CnD REVIEW CENTER
the most critical because this stage may predict the remainder of the
situation. Chances of survival may be enhanced or reduced during
this stage through the hostage –hostage taker interaction. It is
advisable that hostages must control their fear as it increases
unpredictable outburst of anger and violence on the captor. The
hostage taker may inconsistently enforce numerous demands and
petty rules and this may result to unsuccessful negotiation. In
addition, the perpetrator seeks to destroy the victim’s sense of
autonomy by depriving him of his basic needs.
At this stage hostages may start to feel three (3) problems:
1) Isolation, 2) Claustrophobia, and 3) Sense of time. Sense of time
becomes important on hostages who are hoping for rescue. This
situation may also in favor of the hostage taker as they earn
compliance from their captives.
Accommodation Stage - This is distinguished by boredom,
and with moments of terror. Though is considered as the longest yet
is the most tranquil. In the crisis stage, and even in the alarm stage,
hostages are considering escape options but in the accommodation
stage, their initiative and planning are narrowed since captors has
increased control over them. The hostages’ sense of life preserving
has increased and even tries to obey the orders. Stockholm’s
syndrome will likely to occur between the captors and the victims.
One looks into this phenomenon in the negative that one must say
that cooperation of hostages to the negotiator is constricted.
In the right manner, the hostages in good effect can make
use of this phenomenon. It lessens tension and openness is
generated. It is advisable that hostages must avoid political
discussions as it accentuates differences with captors and hostages.
(Miron and Goldstein)
Resolution Stage - This is the stage when the hostage
taker is being stressed out or fatigued of the situation. He is
seemingly losing interest of the situation and lost most of his
bargaining points. Tension between the hostages, hostage taker and
the crisis negotiator is notably low. It should be regarded also that the
crisis intervention techniques of the negotiation team have increased.
In this stage, reactions of the hostages are mixed either blaming their
captors or may become hostile and uncooperative to their rescuers
and even accusing them to be the responsible for the whole situation.
They might even appraise their captors for taking care (saving) their
lives though their captors placed them into a hell experience.
Released victims become paranoid and often experience
post trauma attacks after liberation. These may even last for a long
period of time. Such experience becomes part of their lives and
haunts them from time to time if not being properly treated. They,
being a paranoid, continue to monitor their captors if taken away from
them or safely put behind bars.
THE HOSTAGE TAKER
It is a must that a police officer who first arrived at the
scene has the necessary skill to determine what type or personality
of the hostage taker is. This does not mean that he must diagnose
the perpetrator. In assessing the situation, one must be able to
determine and know the two kinds of behavior:

Instrumental behavior- those who are engaging in this kind
of behavior are having goals to obtain or to be fulfilled.
Generally, hostage takers of instrumental behavior are
criminal types and intervention usually needs
bargaining. E.g. barricaded criminals, or other
organized crime groups.

Expressive behavior- This kind of behavior is characterized
by their attempt to display power. Those who engage
in this kind are emotionally disturbed individuals. E.g.
mentally insane, etc.
In many hostage situations committed, statistics reveals
that most of those involve are mentally disturbed individuals and the
remaining are results of instrumental behaviors. According to
research, twenty five (25%) percent of all hostage situations are
instigated by expressive acts. With this data, it is important that we
21
must learn the different types of hostage takers and we will begin
with the emotional aspect.
Mentally Disturbed
This group suffers from different kinds of psychological
maladies. They may or may not in touch with reality. A mentally
disturbed individual may be a loner, act in accordance with an non
existing irresistible force, or on a false belief or a stimuli (Cooper,
1981). Symptoms may include such things as dramatic and sudden
changes of behavior, loss of memory, mistreatment of a loved one, a
sudden, impulsive act of theft, extreme depression, or anxiety that is
out of proportion to the circumstances that appear to be causing the
anxiety.
The individual may talk to himself of hear voices, or he may
be displaying dangerous behavior without any apparent reason.
Mentally or emotionally disturbed individual may be in a very docile
mood for a while and become extremely violent without any apparent
cause (Adams).
A patrol officer is usually the first person to respond to a
crisis situation before the crisis team arrives. In some instances
where Crisis Management Teams (CMT) are not available, he
usually starts and event finalizes the job. Police officers are
empowered to bring the mentally and emotionally disturbed
individuals to the psychiatrist for evaluation and treatment.
Paranoid Schizophrenics
To begin with the different kinds of mental disorder, we
must first understand the different topics associated with this. Below
are items of information discussed in the book of Adams that serve
as a guide to a police officer who will respond to a hostage situation
involving mentally disturbed.
Psychosis is a gross and persistent falsification of
conventional reality that leaves the person unable to manage
conventional reality with any degree of effectiveness. Psychosis has
two major components.
Delusion is the faulty belief that is motivated primarily by
the individual’s needs and wishes and in fact, has no basis.
Hallucination is manifested in a visual image that is quite vivid and
real to the individual who experiences it.
Paranoia is a set of fixed delusional beliefs that are
accompanied by clear and orderly thinking outside the delusion
system. Paranoia manifests itself. A paranoid has been described as
“vigilant suspicious, distrustful, insecure, and chronically anxious”.
There are two types of a paranoid individual as:
The True paranoid or the Classical paranoid as
psychologists prefer, may be of high level of intelligence and so
persuasive that he will successfully recruit other persons to help him
in his war against enemy. Individual with Paranoid Reaction do not
handle the problem in as much logic or intelligence as the true
paranoid.
Schizophrenia is a thinking disorder. Expert says that,
approximately 80 percent of the mentally ill of the population are
schizophrenic. There are subcategories of this kind of mental
disorder, the catatonic state and the hebephrenic state. Catatonic
state is demonstrated by the patient’s rigidly held position for some
interminable period of time, while Hebephrenic state is when the
subject acts childlike and silly.
The signs and symptoms of the schizophrenic condition
may appear in three (3) different ways such as the following:
1. The subject’s language may
be rambling and tangential; he may make up
meaningless rhymes, or echo anything he hears;
2. The subject may show his
split personality incongruent between his expressed
ideas and emotional responses. This indicates that
two thought operate simultaneously.
3. The subject may isolate or
alienate himself from the rest of the society and pull
CnD REVIEW CENTER
himself into his personal shell (Schizotype
personality).
Neurosis is suffered by a person if most likely to be
observed in a continuous state of anxiety. Erratic behavior would
more than likely be displayed by reaction to anxiety in the form of ego
defense mechanism such as rationalization, projection or
displacement. The signs and symptoms are shaking uncontrollably
and depression without explanation.
In general, they are characterized by being out of touch
with reality and being recognized by their false belief. Hostage taking
is done in order for them to carry out plans from someone who
compels them to do. Their routine is to accomplish something but
there is no accomplishment. Most of the paranoid schizophrenics are
in conflict and with difficulty in coping even in a minimal stress
situation.
Male paranoid may have problems with gender identity and
religious beliefs. It is so noted that frustration and conflict is involved.
When these two combines, severe anxiety will surface that makes a
person so sensitive and volatile. Lack of interpersonal trust, religious
conviction, sexual disfunction, persecutory beliefs about family or
significant individuals or even distrust to the negotiator or police may
lie in the person’s behavior. This variety of issues may cause the
negotiation difficult and dangerous (1986).
The first thing a negotiator should do is to keep the
dialogue at an even pace. Since paranoid schizophrenics are out of
touch with reality, it is a must that the hostage taker should be kept
calm enough to stay in touch with reality while the negotiation
process is going on. A good negotiation strategy is suggested below:
1. Reduce anxiety at the same time create a problem
solving atmosphere
2. Do not trick the captor
3. Accept the statement as true but do not agree
4. Do not convince that he is wrong
5. Emphatic understanding is needed
Manic depressive personality
Depressed individuals are in an incapacitated mental state.
He may frequently know the hostages and the latter might be the
cause of his depression. Negative outlook in life, feeling unworthy,
slow speech, suicidal and unpredictable and extremely dangerous
are the characteristics of this type of mentally disturbed. To a one
who is a suicidal type, he might inflict harm or even kill one of the
hostages and the police will be forced to shoot him (Strentz, 1984).
When dealing with this kind of mentally disturbed hostage
taker, the negotiator must be:
1. Firm and manipulative
2. Understanding and be supportive
3. Able to induce subject to talk about something positive
Inadequate personality
This is a type of person that displays attention-seeking
behavior. Hostage taking is his action to prove himself or his worth.
During the commission of the crime, he tends to delay his actions
and be caught in flagrante in order for him to prove himself (“I’ll show
them”). His characteristics are homicidal, loser complex, maybe fired
from many jobs and is in touch with reality. Though they are
emotionally disturbed, yet they are apologetic to their behavior (“I’m
sorry but I have to do this to prove that I can be a good worker…”).
The negotiator should be aware that those statements
mean that it’s either murder or physical harm to the hostages. It is but
wise to present problem solving alternatives so that the hostage taker
will not feel that he has failed again. The person needs acceptance
and understanding. An initial action is to offer promises that can be
kept and do not allow relatives in the scene.
Anti-social personality
Those who belong to this kind of personality are repeatedly
having conflict with the people around them and notably having a
22
deviant behavior from groups, social values and or individuals. They
defend their face from embarrassment by blaming others in the form
or rationalization. Anti-socials, when takes hostages, are generally
engages in expressive acts and they are likely to dehumanize the
hostages and this is an indication that they are dangerous
individuals.
According to Lanceley, antisocial individuals did not
internalized moral values yet they know the consequences of their
acts and they are therefore considered or more likely to become a
foe. These hostage takers are only concerned for themselves
indicating egotism. Though they are aware of the consequences of
their acts, they feel no remorse and the negotiator must be aware of
this. At any time the hostage taker may consider his hostages as
burden and might harm or even end killing his hostages. A guideline
of action suggested is that the ego of the hostage taker is stimulated.
In this situation, the stimulus of this situation might be the
hostages and the negotiator must diverse the attention away from
them. It is also suggested that it is but wise not to refer or talk about
hospitalization or treatment during the crisis intervention as this might
agitate the perpetrator if they believe they might loose their freedom
or is insinuated that they are crazy. Since the hostage taker is a
street and police wise, it is advisable not to use trickery (Fusilier,
1981).
The estranged person
Domestic problem is the main cause why an estranged
individual takes hostages. The hostages are commonly known to him
and mostly are his family members. The hostage taker is
experiencing from relationship breakdown in his or her interpersonal
relationships and hostage taking is employed to compel the
relationship to be maintained. The hostage taker at his point is afraid
of loosing the significant others. In order to carry out hostage-taking,
alcohol and prohibited drugs are used to have the necessary courage
(Cooper, pp. 27-28). Knowledge in domestic intervention is essential
when dealing with this kind of volatile situation. The negotiator should
be careful when intervening on personal disputes as oral arguments
between the hostage and the hostage taker may occur.
The negotiator must be an emphatic listener and with good
responding skill. He must also be aware of the personal nature if the
situation. The negotiator should also have the ability to bar the denial
of reality into despair. The resolution is that the perpetrator needs to
be shown a graceful way out (Cooper, 1981).
Terrorists
Terrorism throughout the world has been alarming for the
past decades and even at present. Countries around the world have
been facing terrorism problems either local or international groups. In
the United States alone, it has been reported that there are local
terrorists sowing fear, insecurity and unrest amongst the people.
They create chaos through assassinations, bombing, arson and other
forms of malicious destruction of properties. (CMD, AFP/PNP)
Though global terrorism is seemingly increasing and
alarming, the international law enforcement community is trying its
best to address to this kind of problem. (The international police
organizations, other law enforcement, religious and civic
organizations team up together in fighting these terrorists.)
Regardless of their cause, their terroristic activities are
condoned by most of the people.
Characteristics, Modus Operandi and Causes
In order for them to attain their goal, careful planning is
involved. They employ professional members [most of the planning
team members are educated enough on political matters] to outwit
and deceive the authorities. They also employ undercover agents
and divide into groups.
Hostages are in serious jeopardy when their demands are
not met immediately or if the military pressure hovers them (i.e
deployment of troops, hovering choppers). The local police may not
be able to meet the demands immediately and only serve as
perimeter security as they need government attention. They use
media to get attention from the government.
CnD REVIEW CENTER
Since most of the longest running crisis situation involves
political terrorists, they want to negotiate directly to the Government
and pay less attention to the agents or crisis management teams.
Terrorists also try to let the government overreact n the situation so
when worse come, they, the hostages and the rights groups will turn
ire and blames on the government.
The common question asked is what causes them to do
such. Evidently, hostage taking is their means to get the much-
needed attention from the government or private individuals just like
other types of hostage takers. In this way, the authorities will initiate
actions to negotiate for the safe release of the hostages on the fear
that the latter will end killed or harmed.
On the issue on ransom, according to them are just
demanded to cover their expenses while hostages are at their
custody, but in sense, will serve as their resources to buy additional
firepower or in the recruitment for additional manpower in preparation
for the anticipated military or police pressures.
Just like other types of hostage takers, they need to be
negotiated with . The only difference is that a mentally deranged,
inadequate and antisocial personalities needs more the help of
mental health professionals and rapid police response as the last
resort to rescue hostages away from danger. While on terrorist
hostage takers, painstaking bargaining on social and political
demands is traditionally used. Government negotiators are utilized to
the fullest to negotiate and bargain issues with the kidnappers.
Barricaded Criminals
This type might be robbers cornered by the police while in
the act of committing their crime (i.e bank robbers). Either barricaded
in a building, road block or on getaway cars. Hostages are may be
employees, bystanders or both caught in the process of escaping.
The hostage taking is a spontaneous reactions of the criminal when
cornered. Some law enforcement officers consider barricaded
criminals as attention seekers, but others describe then in the
contrary as they avoid being identified. Their primary aim is to
escape safely taking with them the hostages as shield to prevent
being shot by the police. Usually barricaded criminals are engaged in
instrumental acts as they demand for material things such as
getaway cars, firearms, money, and safe escape.
Barricaded criminals may initiate bargaining negotiation as
the police closely monitor them. As earlier presented they might ask
a safe conduct pass for the release of the hostages, or they might
ask for additional money or getaway car and leave the hostages
immediately. The negotiator, upon gathering all the facts and
assessment of the situation, including the mental faculties, he may
use his own discretion in the negotiation process, whether to grant
the demand or not
Prisoners
While most prisoners spend most of their time inside the
correctional institutions, some are concentrated on penal colonies
under tight guards and to those who are completely secluded inside
their prison cells, they are haunted by boredom, get tired and hostile.
These may be due to the strict implementation of house rules,
favoritism and poor prison conditions (Lack of recreational activities
and inadequate facilities, poor structuring etc.).
These conditions may largely contribute to the occurrence
of riots and crisis [hostage taking] situations in our correctional
institutions. Most probably, the hostages are the prison authorities
and staffs or even some of the inmates. For some institutionalized
individuals, hostage taking is their means of effecting escape
[hostages serve as their shield against assault of authorities] to stay
away from the harsh prison condition. Another group of prisoner-
hostage takers are those who do not consider escape but a rather
total improvement of the conditions and services of the prison
institution.
Prisoners who initiate hostage taking may be involved on
either instrumental or expressive acts or both. Instrumental behavior
involves those situationally related, substantive and objective wants
and commonly known as the commodity goal of the hostage taker
23
(Roloff and Jordan, 1992). An example of this is the demand for
prison condition as these are the causes of the situation.
Additionally the first group almost has similar purpose to
the barricaded criminals as they inhibit instrumental acts or
behaviors.
The negotiation approach in this situation based on the
acts involved is bargaining approach. They need to be bargained
with at the soonest possible time as the lives of the hostages are in
great danger. This is possible, as the hostage taker believes that the
hostages are the main cause of the problem.
NEGOTIATION MODELS In Crisis Situations
Whenever a crisis [hostage] situation is reported to the
police or other law enforcement professionals, the initial action being
taken is the activation of tactical assault or Initial Action team and the
coordination of trained crisis negotiators within their departments. In
cases where the hostage taking is initiated by a perpetrator, purely
engaged in expressive acts, the services of a mental health
professional trained in crisis management is indispensable. On cases
of instrumental behaviors, tactical assault teams are mobilized to
contain and isolate the area and on standby when worst come along
as the negotiator/s enter the situation. However, the services of
mental health professionals are sought since most of hostage takers
with instrumental behaviors are partially engaged in expressive acts.
In assessing a crisis situation, one must understand and be
able to determine the two kinds of behavior. Firstly, Instrumental
behavior refers to actions on the part of the perpetrators and
negotiators that facilitates some types of substantive outcome in
terms of instrumental issues (situationally related, substantive and
objective wants of each party). Additionally, those who are engaging
in this kind of behavior are having goals to obtain or to be fulfilled.
Generally, hostage takers of instrumental behavior are criminal types
and intervention usually needs bargaining. E.g. barricaded criminals,
or other organized crime groups. Expressive kind of behavior on the
other hand refers to various forms of perpetrator’s and negotiator’s
behavior that serves to communicate the power or significance of the
individual and his/her emotional state. Simply, it involves the
behavior of the perpetrator (Hammer and Rogan). This is
characterized by the hostage taker’s attempt to display power. Those
who engage in this kind are mostly emotionally disturbed individuals.
e.g. mentally insane, etc. Over the years there are approaches used
by negotiators and are devised to suit to these kinds of behavior or
acts.
Bargaining Negotiation Approach - Earlier discussed were
the two types of acts. Bargaining negotiation approach is the model
that negotiator employ whenever instrumental issues come along
way. In this approach, negotiation is viewed in terms of an exchange
or distribution of resources. This approach is derived to the social
exchange theory of Roloff, (1981), which accordingly has two
premises:
1. Conflicts involve people who are interdependent which
means that each party can not accomplish each own
goals without agreement from each party, and
2. Such conflicts involve rewards and costs from each
other
This Social Exchange Theory is obviously focused in the
exchange of objects during the negotiation. In order that the
negotiation be successful, some authors of crisis management books
claimed that the communication approach involve the exchange of
one set of resources for others or known as bargaining.
Bargaining is a powerful tool to resolve a conflict provided
that the hostage takers focus on instrumental concerns or issues that
are negotiable. They are more likely to engage with the hostage
negotiator in order to bargain and resolve the crisis.
Van Zandt, Rogan and Hammer reviewed and made
critique on this approach and notes: “the type of situation law
enforcement usually encounter, often fall in several ways to match
the requirements of instrumental negotiation approach.”
First, crisis negotiation situation is not typically like others,
more common forms of instrumental dominated bargaining where the
CnD REVIEW CENTER
assumption is that, the parties come with well thought out proposals
and are willing to a bargaining process. Crisis [hostage] situations
involve high levels of anxiety and uncertainty. They are characterized
by a pronounced level of emotional excitation precipitated by the
hostage takers motives and enhanced police response. Majority of
hostage crisis occurs as a result of the mental and emotional inability
of the hostage takers to cope with life stressors. This produces a
situation where normative rational actor bargaining is generally
absent and its place exist an explosive dangerous and volatile set of
interaction dynamics where emotional excitation and relationship
issues (e.g. control, power, trust, liking and face) play a critical role.
Over all, the particular features of crisis situation discussed
above suggest that negotiators often face interaction dynamics that
may not fully explained by the instrumentality focused bargaining
approach.
Expressive Negotiation Approach - This approach is mainly
focused on the emotional state of the hostage taker as a powerful
tool to resolving of crisis situation. Expressive negotiation approach
came to existence with the use of psychology, human relatons theory
and research. Both assume that the nature and quality of
interpersonal relationships play a large role in resolving a conflict.
The three (3) assumptions of the expressive negotiation model are:
1. Hostage has no instrumental value. This explains that
the hostage is a tool or device used in gathering
audiences or attracting attention (attention-seeking
behavior) to the hostage taker. The hostage taker may
initiate a crisis to demonstrate his ability to control
others.
2. Both interactants have the interest to prevent the
escalation of the situation into violence or death. The
hostage taker has some minimal level of awareness
that when he kill his hostages, he will later suffer the
consequences.
3. Hostage taker and negotiators are confronted with
high level of emotional excitation. Increased emotional
arousal prepares the perpetrator from reacting with
fight or flight response rather than a problem-solving
mode.
In this approach, negotiators must be knowledgeable on
‘crisis intervention therapy’; listening skills as it contributes a lot in
decreasing anxiety and a problem solving can emerge later during
the negotiation process. (Schlossberg, 1979, Van Zandt, Rogan and
Hammer, 1998). In addition, relationship development and
confidence building strategies are viewed as critical to resolution of
crisis [hostage] incidents. The negotiator must have enough training
in listening, paraphrasing, and self-disclosure, open ended
questioning to reduce perpetrator’s anxiety.
Under intense stress, the Stockholm syndrome may likely
to occur. This phenomenon has been carefully studied and recorded
by psychologists. The impact of the incident stress on negotiator’s
psychological well-being. More so on unsuccessful negotiations.
Negotiators should also deserve attention like professional help.
Explications of emotional and personality disorders and their impact
on crisis negotiation. Most of the hostage situations are committed by
paranoids, depressed, antisocial and inadequate personality
typologies. Hostage negotiations depends on the psychological
characteristics of the hostage taker and the identification of the
effective communication strategies when negotiating with
perpetrators who exhibit behavioral patterns consistent with specific
mental and emotional disorders. This model of negotiation is used to
lessen the perpetrator’s emotional tension to give way for a rational
problem-solving atmosphere. (Hammer and Rogan)
Communication-based negotiation approach - This
approach is founded on an interactive assessment if the crisis
[hostage] situation as it unfolds and is created through the interaction
of the negotiator and the perpetrator. Therefore, communication
based approach is an interactive process wherein negotiators and
hostage takers react to each message behavior.
In fundamental communications theory, communications is
composed of content and relational dimensions. Content dimension
of communication represents the instrumental focus of person’s
message, while the latter conveys the expressive features (as trust,
power, and respect). There are three (3) interaction concerns relative
24
to the communication-based negotiation approach, which may tend
to escalate or deescalate the conflict. (Hammer and Rogan)
1. Instrumental concerns; Hammer and
Rogan notes: “Instrumental message behavior arises
in crisis negotiation as the hostage takers and the
negotiators bargain with one another regarding with
the incompatibility of their objective concerns.” In this
concern, there are two broad types of issues involved,
the substantive issues and non-substantive issues or
the situationally related and the situationally unrelated
respectively
2. Relational concerns - Relational
message behavior denotes when an individual’s
concern is more on the nature of the relationship to
other individual. There are thre-e (3) core elements
that represents relational message behavior.
 Power- this concerns the
degree of agreement between the two
interactants along a dominance-submission
dimension.
 Trust- revolve around the
degree to which each party is willing to
accept the premise that no one shall be hurt
or no act shall be detrimental to self.
 Affiliation- refers to
belongingness and acceptance between the
perpetrator and the negotiator (respect,
liking and caring for the well being).
3. Identity concerns - Identity concerns
refers to an individual’s concern for self-presentation,
reputation or face. These are then important to both
parties.
According to Tajfel’s Social Identity Theory as discussed by
Hammer and Rogan, personal and social identities are the two
dimensions of a person’s self image and are best to be known by the
negotiator when dealing with conflict situation, noted as:
‘Personal identity is based on an individual’s unique
perception of his or her own attributes’ (The person
perceives himself either weak, strong, or
intelligent).Hammer and Rogan also suggested that a
suicidal’s emphasis is on personal identity concerns, and
‘…social identity consists of those characteristics and their
emotional significance that is attached to one’s
membership in social groups...’ (nationality, gender,
ethnicity, social group/cult).
Rogan and Hammer further discussed that face message
behavior varies along three (3) dimensions and the first denotes the
locus of a communicator’s interest (is the face message directed to
ones’s self or to other?); Face valence is the second dimension, a
behavior either to attack or honor face. Finally, ‘face-honoring entails
a dimension which relates to whether the message behavior
functions to proactively protect against potential future threats to face
or to retroactively restore perceived loss of face’.
When these three (3) dimensions are combined together,
there are six (6) types of face message behavior being produced:
1. Defend Self’s Face - This behavior is self-honoring and self
directed messages. More often, the hostage taker uses this
when he is asked about the condition of the hostages and
replied… (“ I don’t know but I think they’re all OK! “)
2. Attack Self’s Face - Is a behavior that tends to attack or is
directed to one’s self. The statement, ( “ I know this is all
my fault…” ) fits to this behavior. The perpetrator directs
criticism or attacks to himself when he fell remorse of his
act and this usually occur during the accommodation stage.
3. Restore Self’s Face - This is used to restore one’s
face/reputation. (“ I’m not as crazy as you think…” ) A
hostage taker with psychological maladies uses this face
message behavior to restore his reputation.
4.
Restore Other’s Face - A face message behavior that is
directed towards the other party. ( “ You’re such an
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intelligent guy…”) or (” You’ve got a lot of people who
cares about you…”)The negotiator tries to restore the
perpetrator’s face by attempting to gain cooperation and
lessen the latter’s psychological burden.
5. Defend Other’s Face - Known as the traditional message
behavior utilized to protect other’s face from future attack
or loss. (“ I know you can overcome these odds in your
life…”). The negotiator should defend the perpetrator and
not the hostages to increase sense of worth of the
perpetrator.
6. Attack Other’s Face - This represents the traditional, more
limited view of face attack behaviors. ( “ These people
causes me to do this…”) When a negotiator shifts the
blame to others, it does not really mean that hostages are
not prime importance. It is more likely that the hostage
taker fell sense of understanding and belongingness.
However, if the hostage taker is the one who uses this, he
is trying to imply that the main cause of the situation are
the people involved [hostages].
THE STOCKHOLM SYNDROME
In the event of hostage crisis, the Stockholm syndrome will
likely to occur. This phenomenon is referred to as the process of
transference in which the hostages begin to identify their captors and
the following may occur:
1. Positive feelings from the hostages to the captors
2. Negative feelings toward the authorities by both hostages
and captors
3. Positive feelings returned by the captors to the hostages
This phenomenon got its name after one of the hostages in
an aborted bank robbery in Sweden fell in love with the perpetrator
(Strentz, 1994). In some instances, hostages may even help the
perpetrator consummate the crime either by providing cover fire
during the escape process or actually joining the heist or become an
instant member of the group.
Stockholm syndrome with operates when there is an
extended period of time, not being isolated from one’s captor and the
positive contact between the hostages and the hostage taker
(Fuselier, 1981).
Variety of issues may possibly cause the occurrence of this
phenomenon such as:
1. Pity- In the case of mentally disturbed individuals, hostages
may pity them, as they believe these individuals need
professional help. The hostages may offer advises (i.e. not
advisable) or even instruct the police not to launch a
tactical assault against the defenseless and sick hostage
taker.
2. Personal feelings- the hostage may feel affection towards
the hostage more when the hostage is female, with
pleasing personality and cooperative.
3. Indoctrination- barricaded political terrorists tend to
indoctrinate their hostages to force them agree and believe
with their stand or political ideology. It is not so surprising
that a son of a slain scout ranger sergeant in Mindanao
joined his Abu Sayyaf captors during the siege in 2000.
4. Poor inaction of the authorities- the hostages in the alarm
and crisis stages of hostage taking want to be speedily
rescued before they will be killed or harmed.
In a crisis [hostage] situation, negotiators consider staling
of time the number one rule in dealing with hostage crisis. On scene
negotiators stale time to decrease tension among themselves and
the hostage taker. This might be misinterpreted by the hostages as
they feel neglected. They will end up sympathizing with their captors
and uncooperative to their rescuers.
It should be corrected that providing assistance to the
hostage taker not a conclusion that Stockholm syndrome has
occurred. Hostages may carry the moneybag or the clerk opens the
vault due to continue threat of the hostage taker.
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 As Stockholm syndrome continue to develop among the  patient and good listener
hostages and their captors, the latter will make increase awareness  should not be a decision maker
of the safety of the hostages for fear of losing a shield. The  possess certain language skills or background
negotiators and the hostages however may benefit from this which will lend
phenomenon since the safety of the hostages is increased. This  insight into the psycho of the hostage taker
happens during the accommodation period as hostages may tend to  knowledge in psychology of aggressive human
obey every command of their captors and the latter will decrease or behavior
lessen the degree of security, control and the introduction of physical  ability to give minor rewards
harm among the hostages.
 ability to withhold rewards
REACTIVE MEASURES IN HOSTAGE TAKING INCIDENTS
Steps in Negotiation
 On Initial contact - avoid hostile or antagonistic
OPERATIONAL PREMISES OR AREA
approach, introduce yourself-don’t use title or
rank, sell yourself-sincere and honest, instill trust
Principal Participants: First responding officers, Field supervisors,
and confidence, minimize tension soonest
Threat Management Force Commander, Tactical Unit Commander
 Development - drawing a psycho profile or
Duties and Functions hostage taker, reinforce relationship
establishment at initial contact
a. First Responding Officers:  Alternative steps
 proceed to the scene discreetly  Climax stage
 do not return fire except:  Termination
 when loss of life is imminent
 when hostage-taker is visible, armed, identifiable and
no
RULES AND PROCEDURES ON NEGOTIATION
 third party will be caught in the crossfire.
 contain the suspect-condor or isolate the area 1. Stabilize and
 request assistance contain the situation
 evacuate-care of critically injured persons if any 2. Select the right
 retain witnesses- gather information time to make contact with the hostage-taker
 attempt to communicate there telephone, megaphone 3. Take time when
or other means negotiating, allow hostage-taker to speak
 deploy responding officers 4. Don’t offer the
 Develop required police information-initial report of hostage-taker anything. What he will ask for will be part of
situation the negotiation
 keep headquarters/station informed-periodic 5. Avoid directing
assessment frequent attention to the victim when talking to the hostage-
 of situation relayed from time to time taker
6. Do not call them
b. Field officers hostages. Be as honest as possible; avoid tricks; be
 assumes command upon reaching scene sincere
 evaluate situation 7. Never dismiss any
 prescribed containment procedures until the TMF request from the hostage-taker as trivial or unimportant
arrives 8. Never say “No”,
soften the demands
c. TMF Commanders 9. Never set a
 establishment command post deadline; try not to accept a deadline
10. Do not make
 coordinate/direct Commander of Tactical Unit Team
alternate suggestion not agreed upon in the negotiation
 plans/promulgate aggressive operational activities if
11. Do not introduce
required.
outsiders (non-law enforcement officers) into the
negotiation process, unless their presence is extremely
d. Tactical Unit Commander
necessary in the solution of the crisis; provide that they
 ensure that suspect is under constant surveillance shall be properly advised on the do’s and don’ts of hostage
 maintain well-planned assault operation, upon order negotiation
12. Do not allow any
OPERATIONAL PROCEDURES exchange of hostage, unless extremely necessary; in
particular, do not exchange a negotiator for a hostage
1. Stabilization and Containment 13. Avoid negotiating
 Establish Rapport: get to know the face-to-face if possible
suspect 14. Law enforcement
 Operational Activities -clear officers without proper training shall not be allowed to
area/scene of pedestrians, required innocent persons participate in hostage negotiations; and
to evacuate-this can be done, throughout non-verbal 15. Never introduce
language, gather information about the suspect ranks/possessions.
 submit initial report
 request for additional resources, if
needed KIDNAPPING FOR RANSOM

2. Consolidation and negotiation KIDNAP FOR RANSOM is a criminal act, particularly

described as the unlawful taking and carrying away a person by force
Negotiation and qualities or fraud and against his will, or in any manner depriving him of his
 civilian volunteer preferred depending upon the liberty for the purpose of extorting ransom as payment for the
call of incident release. KIDNAP FOR RANSOM is a common term used describes a
 demonstrate sympathy without being emotionally specific criminal act under ART. 267 of the RPC entitled “Kidnapping
involved and serious illegal detention.”
 ability o accept tension between conflicting views
 maintaining self-control KIDNAPPING, in general, posses a serious threat to the
 possess moral courage and integrity peace and order condition of the country. Focus of concern,
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however, falls on so-called kidnap for ransom case, because they
exist a heavy tall not only on their victims and the victim’s families,
but also on society as a whole. This is so because kidnap for ransom
is by nature a syndicated crime perpetrated by professional criminals
groups capable of planning their nefarious trade that even a single
gruesome act of kidnapping expertly pulled by them could prove very
alarming to the public.
COMMON MODUS OPERANDI USED IN KFR
1. A kidnap group initially scouts or a potential victim through
an informer or spotter.
2. An informer or spotter could be a gang member or outsider
whose participation is to locate targets for the group.
3. After the would-be victim has been spotted, the kidnap
group conducts a through study on his background and his
daily routine movements/activities.
4. Customary route taken by the would-be victim is
particularly observed.
5. After careful surveillance and planning, they would kidnap
the victim at an opportune time.
6. The victim is them brought in a pre-designated area,
usually outside urban places where the victim is held in
captivity ransom for his release is being negotiated.
HOW DOES KIDNAPPERS ABDUCT THEIR VICTIMS?
How facilitate the kidnapping for the victim, a gang member is
sometimes made to seek employment with would-be victim’s family,
either as a diver or as household help. In coordinate with an inside
man, the group snatches the victim at on opportune from the public.
Although the manner of accosting the victim varies from one kidnap
group to another, the most common method of approach used by
kidnap groups is by blocking the kidnap victim’s car by using a
military or police-like vehicles, sometimes with siren. At least one of
the kidnappers is in complete military or police uniform and armed
with a long automatic weapon. The victim is intercepted and
accosted with alleged traffic violations.
HOW ARE RANSOM NEGOTIATIONS UNDERTAKEN?
1. Ransom negotiations are later affected through various
means of communications. The most common is through
telephone.
2. The kidnappers will call up the relatives of the victim and
demands for a ransom for the release of the victim.
3. An almost hysterical victim is sometimes made to speak
over the telephone and appealed to his bewildered
relatives whose tendency to cooperate blindly with the
kidnappers.
4. The kidnappers then indicate the amount, normally in cash
payable on a date and a place specified set by them.
5. Threats on the life of the victim are also relayed to the one
contacted in case term of the ransom one not met which
include, among others, non-disclosure of the case to police
authorities.
WHAT ARE THE BASIC OBJECTIVES OF THE SPECIAL UNITS OF
THE
PNP IN DEALING WITH KIDNAP-FOR-RANSOM?
By priority, the basic objectives of the PNP Special Unit
handling kidnap-for-ransom cases are the following:
1. To insure safety of the hostage or victim is a paramount
consideration that takes precedence over all others.
Utmost care is therefore exercised in the conduct of rescue
operations.
2. To understand and minimize the mental anguish and agony
of the victim’s family and friends.
3. To achieve the early liberation/salvation of the
hostage/victim.
4. To insure successful cases against suspected kidnappers.
5. To ensure successful case building and prosecution of
cases against suspected kidnappers.
6. To prepare for any similar eventually that may ultimately
endanger the preservation of internal peace and order.
MOST IMPORTANT ROLE OF THE CITIZENS IN THE FIGHT
AGAINST
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KIDNAP-FOR-RANSOM.
The role of the citizens especially the families and relatives
of kidnap Victims is to report immediately any kidnapping incident to
police authorities. Aside from this, they should extend their outmost
cooperation to the police not only in the rescue of the victim but also
in the effective prosecution of the suspect as well as in the efforts to
locate, identify and arrest kidnap gang members who remain at large.
TIPS TO BE UNDERT AKEN TO PREVENT
ANY KIDNAPPING OR ABDUCTION
If you believe that you or members of your family are
potential targets of kidnap-for-ransom groups, the most logical thing
to do is to be SECURITY CONSCIOUS always in your person and in
your day to day activities.
The following preventive measures are hereby suggested:
1. Develop a security system in your residence and in your
place of work
2. Be very selective in hiring your employees or your
household help. It is suggested that you let a trusted
person secure the necessary police clearances for them
and check their background.
3. Watch out and report to the police questionable presence
of persons loitering near your home or office.
4. While on board your car, be very observant. If you notice
you are being followed or observed by doubtful characters,
taken note of the vehicle’s description, especially the plate
number. If you have seen the faces/appearances of the
persons failing you, try to remember their descriptions.
5. In your daily trips from home to office or school and back,
try not to develop a pattern. Do not establish definite
schedules and routes in addition, avoid routes that are
deserted.
6. If you are accosted or intercepted along the roadway for
alleged traffic violation and asked to pull over by
questionable persons, stop only in a place where there is a
policeman or there are other persons around.
BEST THING TO DO WHEN YOU RECEIVE A KIDNAP
NOTICE/CALL
If you receive a kidnap note:
Be calm, don’t panic,
Make written record of the delivery person’s description
Take note of other circumstances of the delivery (time, manner,etc.)
Preserve the note for submission to the police.
During the call:
Try to signal someone else to listen on an extension.
Keep caller on line as long as possible.
Do not antagonize the kidnappers.
Give kidnappers a code word for whatever identification.
Ask for Victim’s name, Where and when seized, Victim’s code name
After the call:
Make a written record of the Caller’s age/sex, Mental state (your
assessment), Peculiarity of speech (lips, accent), Exact words used
Try to take note of background noises and the audibility to telephone
reception, which may reveal the place where kidnappers is calling.
ASSASSINATION
It is the murder of prominent citizens particularly a head of
a state or high official in government or the killing an important
person by violent means, usually from political or religious motives.
What are the basic causes of assassination?
1. Revolutionary Causes – Groups and individuals who
become fanatic in their desires to change an existing
government or to establish a new government often resort
to violence by means of assassination.
2. Economic Causes – In some cases assassination are
motivated by beliefs that the victim is responsible for bad
economic financial conditions affecting the nation, a
particular group of people, the assassin or his family.
27
 3. Ideological Causes- Some assassination are motivated by
beliefs that the intending victim is impairing the principle of
the assassin and his associates.
4. Psychological Causes – Mental derangement, fanaticism,
or emotional instability are motivated factors in most, if not
all, assassination. One or more of these conditions are
usually present in addition to of the other basic causes of
assassination.
5. Personal Causes - Revenge, jealousy, hate, and rage or
strictly personal drives have motivated personal Causes of
assassination.
6. Mercenary Causes – Some assassinations have been
committed for a monetary reward. There is frequently a
distinct difference between the basic causes of an
assassination and the motives given by the assassins.
Objectives of VIP Protection
1. To protect the lives of personalities, important citizens and
their country.
2. To protect those personalities from illegal pressure being
put upon them, such as terrorism, threats and blackmail.
3. To prevent insult on their honor-embarrassment to
protected persons, his government / country.
Basic Concepts of Protection
Protection is a buffer set-up thrown around a dignitary who
will either prevent an attack or absorb the shock to such an extent
that the results will not be tragic. It must strive to protect the dignitary
wherever he is located but must always be able to move him to a
safer area if the need should arise. Absolute protection is seldom
possible. Therefore, the protective forces should always try to
operate in such a manner that any attempted attack will have the
smallest possible chance to succeed. Every element of protection
must be thoroughly planed in advance and every act of movement of
the dignitary and the protective detail must be scrutinized to make
sure it is not playing into the hands of some attackers. Protection
must be surprised proof and flexible enough to instantly respond to
any emergency.
There are usually advance clues of a planned attack and
the protective system must secure this intelligence from all possible
sources resources and recognize the signs of danger.
METHODS OF ACTION USED BY THE ADVERSARY
1. Physical Assault – The inflicting of physical injury, with the
aim of disabling the object of the attack, such as murder
wounding and trashing.
2. Threats – The objectives of threats is to frighten the person
and bring about a change of policy. The adversary may use
anonymous letters; radio broadcast and in the adversary
happens to be from a foreign country, he will have
additional means at his disposal, such as the local press,
international forum or assemblies.
3. Insult and Humiliation – The adversary tries to ridicule the
VIP in the eyes of the people, and will use different means
in order to achieve these objectives.
INITIAL ASSESSMENT FOR DIGNITARY PROTECTION
Plan for protective operations to include a complete
evaluation of the dignitary’s level of threat exposure of possible
attackers and the vulnerabilities of the protected. Develop
Intelligence profiling, likely scenarios and the protectee’s
environment and routes of travel and security measures already in
place. Finally, the identification, selection, and implication of
protective countermeasures shall be undertaken.
PROTECTION OF VERY IMPORTANT PERSONS (V.I.P.) IS
BASED ON SEVEN DIFFERENT METHODS
1. Physical Protection – This refers to the protection of the
VIP and the installation he uses through the physical
presence of his guards.
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2. Secrecy – Information about the VIP, which might be
important to the adversary, will be kept from him.
3. Deception – The publishing of deceptive information
concerning the actions of the VIP.
4. Control – Control over the persons coming into the contact
with the VIP over the object sent to him.
5. Intelligence – The gathering of the adversary’s intentions
as to as assault upon the VIP.
6. Instruction – The VIP and his Colleagues have to coach as
to the necessary precautionary measures.
7. Neutralization of Suspects – Neutralization of people who
are suspected of trying to liquidate the VIP. A good system
of protection will use all of the above mentioned methods. It
is not always necessary to use them at the same time, but
generally, it will be necessary to employ most of them in
order to ensure and efficient protection.
PROTECTION PROCEDURES AND PRINCIPLES
As recognized by most police agencies, absolute and
complete protection against assassination of a dignitary is seldom
possible. The goal is to minimize the chances of success of any
contemplated attack. The privacy of the dignitary must be
considered, and under no circumstances should he be embarrassed.
Despite this, protection must be provided against hazards caused by
personal designs, accidents or negligence. Procedures are unknown
to the public. Every phase of security must be carefully planned in
advance. Pertinent factors considered in this planning include;
importance of the protected persons, political attitude of the local
population, distances involved, means of transportation, and duration
of the security mission.
Physical protection consist of a series of protective
cordons, each compelled in itself. These defensive rings maybe
composed of security personnel, physical barriers, or a combination
of both. An example of this type of security is the protection
established around a house from the third echelon of protection. The
depth of the protective forces and the degree of security established
will be governed by the factors considered in the planning stage.
Security planning should be flexible. Weather conditions
and mechanical failures (including failure if lighting) are two ever-
present potential hazards. The unexpected arrival of a large number
of visitors is another situation frequently encountered. Last minute
changes in the schedule of events occur on occasion. The security
must be sufficient trained to cover these and many more
eventualities.
Central direction and unity of effort are of special
importance because of the nature of this assignment. The officer-in-
charge should be designated with full responsibility for all phases of
the security mission. Close coordination must be established with all
local military, police and civilian authority. The security’s
responsibility for each phase must be clearly defined. Arrangements
should be made for the local civilian police to control local
inhabitants. All available intelligence channels should be utilized for
information of potential danger areas.
USE OF SECURITY PLAN
An excellent format for preparation of a protective plan is
the standard operation plan used by the police. The requirements of
the plan which are coordination or liaison, the itinerary defense area,
personnel and equipment requirements post designation,
cooperation, communication, public relations, and miscellaneous
emergency information, can all be logically included in the normal
five paragraphs of the operational plan.
The plan should be on writing and procedures in sufficient
copies, so that it can be staffed with those officers with whom
coordination is necessary. Only key personnel needed to provide a
complete protection are given an orientation on the events of the plan
and should be familiar with the whole operation. Each participant
commits the requirement of his specific mission to memory. For this
reason, the plan contains detailed instruction for each post and
mission. The instruction should be simple to understand and easy to
execute. The length of the plan will depend upon the size of the
mission to be performed. The itinerary consists of one or more men
stationed or in fixed post. Police should know the identity in the party
28
of protected official. The attitude of the protected official must be
estimated by the police officer. In most instances the presence of
security personnel, is unpleasant to the dignitary. This is
understandable in view of lack of privacy. The security personnel
must be aware of this natural reaction, actually anticipate it, and they
observe adherence to strict policies of non-irritating conduct.
In the initial planning stages, all potential embarrassments
should be avoided. It is normally a good policy to avoid direct contact
with the dignitary on details of arrangements. The Officer-in-Charge
should coordinate with the member of the official party who is
designated for this purpose. When a important person ignores the
measure which have been taken for his protection, security officers
continue to perform their duties as directed. When appropriate, they
offer suggestion tactfully. The chief of the escort acts exercises
enforcement power over the security of an important person only
when necessary with caution and diplomacy. Any violation of the
security measures for important persons is brought to the attention of
the chief of the escort or guard. The security police officer insures
that the guards comply with every detail of their instructions.
Restriction on the circulation of individuals should be strictly
enforced. Before any person is allowed to approach the important
person of his effects, he is checked. The security detail should not
enter into conversation between the dignitary and other individuals.
Information should be given only when solicited. In all dealings with
the protected person and his associates never volunteer for uncalled
for personal favors. Deliberate attempts to ingratiate themselves only
serve to degrade the security mission and result in an undesirable
relationship if the official or members of his party is bothered.
Security personnel should react accordingly. The protected person
should set the standards of the relationship. In the absence of such
standard actions of the security detail should be formal.
THE USE OF WEAPONS
There is always the danger of undue alarm due to
accidental discharges, and the injury of innocent persons, when
weapons are carried. All personnel should carry a holstered sidearm
of at least .38 or 9mm caliber. Automatic pistol should contain a fully
loaded magazine with a round in the chamber and the safe on. In
certain areas, when attackers are made in force by armed mobs, the
appropriate weapon or machine gun can be used. The machine gun
is also used when attacks are made from vehicles, and when the
attackers are behind shields or barricades. Riot or shotguns should
be available when the attack is made in a congested area where
there is danger of injuring innocent people if long-range weapons are
used. They are also effective against mobs using “Banzai” type of
attacks. The use of police nightsticks and tear gas will break up and
confuse the crowd, making their movement by the protective force
easier.
CROWD CONTROL
The protective personnel should understand the principles
of crowd control. They should not show prejudice, sympathy, or
become involved in the grievances of the crowd. When force is
necessary, the protective force should move with speed and surprise.
At the first sign of disorder all leaders should be apprehended. The
real troublemakers are usually to the rear of the crowd. Protective
forces should not be fooled or deterred by mob leaders who arouse
and use women and children in front ranks to shield themselves from
aggressive action by the protective personnel. The crowd’s retreat
should never be hindered, it should be moved in the direction where
there is no space to disperse.
AREAS AND BUILDING SURVEY
All areas to be occupied or visited by the protected person
should be surveyed in advance. The procedure to be prescribed for
building inspection is complete and thorough. In many instances, the
dignitary is a state visitor of the visitor of the nation; on other
occasions he may be the houseguest of other high-ranking
government officials. At times, he may stay in hotel occupied by
numerous other guests. Certainly, all the inspection listed in this
section is feasible. The Officer-in Charge and his advance party use
common sense of sound judgment in establishing the best security
possible under existing circumstances. In some instances, the
advance party can facilitate security measures by arranging for a
separate floor or wing of a hotel as a billet for the party. Normally,
billeting arrangements are included in the itinerary prior to the start of
CnD REVIEW CENTER
the security detail. Proper building inspection entails a thorough
examination from roof to basement. Blueprints of the building should
be obtained. Rooms and hallways are measured visually and
compared with the dimensions indicated in the building plan to locate
any hidden passage or alcoves. Each room is examined
systematically. Walls, ceilings, are mentally divided in to three-foot
squares and each square minutely examined for cracks, evidence of
recent repairs, or any unnatural appearance. Suspicious areas
should be examined satisfactory by reliance on operating or
maintenance personnel. All furniture are carefully examined, all doors
opened and drawers are removed as check for concealed
compartments. All wires leading into or leaving the various rooms are
traced and all devices connected with them identified. Heating
radiators, plumbing, pipes and similar equipment are carefully
examined for dummy installations. All locks and locking mechanisms
are inspected. After the inspection is completed, the room or building
is secured until used.
PROTECTIVE TECHNIQUES
PROTECTION WHILE RIDING IN VEHICLES – The
selection of security trained driver and the type of vehicles to be used
should be given thought, then a closed car provided with greater
concealment and therefore better protection for the dignitary
recommended. Route survey should be conducted in advance before
actual travel and protective details should be equipped with radio
communication processing encoding-decoding “scrambling”
capabilities. All auto motive equipment should be excellent
mechanical condition and should be regularly inspected for signs of
tampering and bullet proof if possible. The driver should be well
trained and reliable. Vehicles must be secured at all times during
security missions. Escort vehicles should precede the protected
vehicle. The security vehicle should follow the protected vehicle as
closely as possible consistent with driving safety. An advance car
should precede the convoy by approximately one-half kilometer to
observe hazards and reports on unusual conditions. A reserve
vehicle should follow the convoy as a short distance from the rear for
use in emergency. The escort follow-up and all security vehicles
should maintain radio contact. Whenever possible, a member of the
security detail is placed in the protected person’s vehicle. In extreme
conditions, when greater security is necessary, one or two dummy
vehicles, carrying individuals who are similar in appearance to the
protected person, may be included in the convoy. Fixed post and
bridges, underpass, and traffic stops must be secured when deemed
necessary. An alternate route should be arranged for emergency
requirements. Unless indicated by competent security the convoy will
confirm with the local traffic regulations. Evaluation of such situation
is made to determine the degree of security, which is practical and
necessary.
TRAVEL BY TRAIN – Generally, the greatest potential
security hazard exists at the points where the escorted person
boards or leaves the train. Usually this is a congested area with
numerous individuals carrying all sorts of bags, packages, and
containers. In the study of assassination techniques, the large
number of attempts in this location is not worthy. When possible the
area should be closed to the public or the dignitary’s party, it should
be attached to the rear of the train where feasible. The members of
the security detail should be in control of all entrances of the car.
When the train is stopped, they assume position covering all avenues
of approach to the car. If the protected person leaves the train for a
temporary period constant security should be maintained on the train
until the protected person returns and the train departs. Prior
coordination should be made with railway officials for exact
scheduling of stop enroute. Railroad security and local police at
scheduled stops can be contracted for standby assistance. When
deemed necessary advance and rear guard train may be placed on
the other cars of the train, seated among passengers, as an
additional safeguard.
TRAVEL BY AIR – Normally, a special plane is placed for
transporting the dignitary and his official party. The technical safety
factors, such as clearance of operating personnel and control of
flight, are responsibilities of the operating agency when performed by
military forces. The most dangerous periods, as in train, movements
are boarding and departure times. All structures offering observation
of the boarding shall be adequately secured either by closing of when
not used or by strategic placement of security detail. When a large
crowd is expected for take off ceremonies, barricades and uniformed
military or police force in sufficient numbers should be included in the
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planning. The plane designated for the important person should be
kept away from contact with the plane. When the designation is
another base, advance arrangements should be made with the Air
Force Office for additional security and transportation is normally
scheduled for the important person and his party. It should not be
forgotten however, that arrangements must be made for the
accompanying security personnel.
TRAVEL BY SMALL WATERCRAFT – When planning for a
cruise, the boats selected should be of types and sizes capable of
withstanding weather and surf conditions that may be encountered. A
thorough inspection of the boat designated for the protected person
should be made in conjunction with responsible ship personnel. The
inspection is primarily for unauthorized persons stowing away for any
suspicious objects or packages. An additional check should be made
for adequate life saving and emergency facilities. Security personnel
should be alert for either crafts approaching the dignitaries boat.
When feasible, arrangements should be made for a boat to follow the
protected person’s boat.
PROTECTION WHILE WALKING – One of the best
protective measures is varying the selection of walking times and
routes. The security detail accompanying the dignitary should be
positioned to cover all avenue of access, additional security
personnel should cruise in the immediate vicinity. Local police
agencies can be of special value in adding background security in
these instances.
PROTECTION AT PUBLIC ASSEMBLIES – A careful
search and inspection of the area should be made at the time
protection is established. A physical defense zone should be set up
immediately around the dignitary, and additional concentric defense
area should be added to the greatest possible extent. Protection in
the defense zone is provided by protective personnel, permanent or
temporary type barricades, and a combination of the above
techniques. Screening points to admit passage of authorized persons
and materials should be established. Observant and inconspicuous
personnel should be patrolled among the crowd. Maximum use
should be made of security aid such as flood and spot lights,
communications, emergency equipment, special weapons, locks,
barricaded areas, and helmet proof equipment, and materials.
PROTECTION WHILE IN A RESIDENCE – The protective
detail should occupy at least one protective ring. At least two
additional areas should be established in the outer perimeter. There
must be a pass system for the staff and frequent visitors. Food
suppliers should be checked and food selection and handling should
be controlled, Mail and packages should be fluoroscope. Periodic
inspection should be done on premises for safety hazards, lethal
devices such as bombs, traps and sufficiency of security equipment.
Adequate communication should be maintained, and all possible
emergency situations should be considered.
PLANNING CONSIDERATIONS
The nature of the Assassin - The assassin is a
discontented individual who decides to kill the person whom he
thinks is responsible for his difficulties. He attempts to gain
advantage by the use of surprise. A well-trained protective force that
he is likely to be caught does not discourage him. Assassins do not
have distinct features. They are not concerned about death. Many of
them suffer from mental disorders. A mentally unbalanced person is
not necessarily stupid and as a matter of fact they can be ingenious.
Assassination of VIP normally feature the following:
1. The location of victim at a given time will be known in
advance by the assassin.
2. The assassin with his weapon will choose a position
giving him access to his victim.
3. The protection detail will be attracted by some
diversionary interest or otherwise inattentive.
Break down of planning
BEFORE: Plan must be extensive and thorough as follows:
Plan should be in writing. Plan should be specific-complete for each
post and for each person involved. Plan should be simple to
understand and easy to execute. Plan should be carefully read and
committed to memory. Coordination among the different agencies
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must be laid out. Details and schedule of activity contemplated
should be in advance. Define and establish the defense area.
Number of personnel should be determined. The accessory
equipment should be itemized and the distribution shown. Means of
communication
DURING: Protective force should function as a team. The
aim should be that nothing occurs that might jeopardize the safety of
the VIP.
AFTER: Summarize things that happened in the
operations. Evaluate individual performance; bring out the weak
points and suggestions for improvements. Encourage individual
members to discuss their particular assignments. Encourage group
discussions. Central summarization with outlook on succeeding
operations.
BOMBING
(Incident Awareness)
IS BOMBING A SERIOUUS SOCIAL PROBLEM? Bombing
is a very serious social problem as when a bomb explodes,
casualties and destruction of property is very essential. When bomb
incidents occur, people are affected directly and indirectly. Work
stoppage (evacuation), tension, fear or panic is felt by the people
within the area. Even if a person is not directly affected, just hearing
or reading the news about such incidents can make him
apprehensive. Also, some people could take the chance, as leverage
to scare or threaten would be victims for some reasons like extortion
or just for pranks. Bomb incidents include bomb threats and actual
bombings. It can happen anywhere and anytime. With the recent
advancement of science and modern day technology, bombs
becomes more sophisticated, smaller in sizes, easy to handle, easy
to plant, easier to transport but with more devastating effect.
The tactics common to terror groups is bombing. Of all
terrorists incidents recorded. 70% were attributed to terrorists bomb.
The bomb is a popular weapon because it is cheap to produce, easy
to make, has variable uses and is difficult to detect and trace after
the event. Investigations have revealed that the targets for “terrorists
bombing” are not selected at random. The modus operandi for
selecting the target and planting the explosives appears to follow this
pattern: The target is selected because of political or personal gain to
the terrorists. It is then kept under surveillance to determine the
entrances and exits most used.
Reconnaissance of the building is made to locate an area
where a bomb can be concealed, do the most damage and here the
bomber is least likely to be observed. A test or dry run of the plan is
often made. After the dry run and at a pre-determined time, the
building is infiltrated by the bomber to deliver the explosive or
incendiary device. The device maybe partially pre-set prior to
planting. If it is fully set and charged, it is simple matter for one or two
of the group to plant the device in a pre-selected concealed area.
This can be accomplished in a minimum of time. If the device is not
fully set and charged, one member may act as lookout while others
arm and place the device. Most devices used for the destruction of
property are usually of the time delay type. These devices can be set
for detonation to allow sufficient time for the bomber to be at a
considerable distance away before the bomb threat call is made or
the device is detonated.
HOW TO PREPARE (against Bombing)
The terrorists have developed their plan of attack and the
following procedures are suggested to business and industry for
coping with the bomb threats and actual bombings. Contact the
police, fire department and other local government agencies to
determine whether any has a bomb disposal unit. Under what
condition is the bomb disposal unit available. What is their telephone
numbers. How can you obtain the services of the bomb disposal unit
in the event of a bomb threat. Will the said unit assist in the physical
search of the building or ill they only disarm or remove the explosive
device. Establish strict procedures for control and inspection on
packages and material entering critical areas. Develop positive
means of identifying and controlling personnel who are authorized to
access to critical areas. Arrange if possible, to have police, fire
representatives with members of your staff, inspect the building for
areas where explosives are likely to be concealed. This may be
accomplished by reviewing the floor plan of the building. During
inspection, you should keep particular attention to rest rooms,
30
storage, crawl areas, trash bins, main switches, etc. It can give you
an idea where a time delayed explosive device or incendiary device
may be concealed. All security and maintenance personnel should
be alert to suspicious looking or unfamiliar persons or objects.
Instruct security and maintenance personnel t make periodic checks
of all rest rooms, stairways and other areas of the building to assure
that unauthorized personnel are not hiding or conducting surveillance
of the area. You should assure adequate protection for classified
documents, proprietary information and other records essential to the
operation of your business. A well planted, properly charged device
could, upon detonation, destroy those records needed in day to day
operation. Instruct all personnel especially those at the telephone
switchboard in what to do if a bomb threat call is received.
As a minimum, every telephone operator or receptionist
should be trained to respond calmly to a bomb threat call. To assist
these individuals, a bomb threat checklist should be kept nearby. In
addition, it is always desirable that more than one person listen in on
the call. To do this, have a covert signaling system to a second
reception room. A clam response to the bomb threat could result in
getting additional information. This is specially true if the caller
wishes to avoid injuries or deaths. If told that the building is occupied
and can not be evacuated in time, the bomber may be willing to give
more specific information on the bomb location. Organize and train
an evacuation unit consisting of key management personnel. The
organization and training of this unit must be coordinated with other
tenants of the building.
COUNTER BOMB INCIDENTS
PHYSICAL SECURITY PLAN - Physical security measures
taken for the protection of property, personnel, material, facilities and
installation against unauthorized entry, trespass, damage, sabotage
or other illegal or criminal act. It deals with the prevention and is
designed to protect against not only bombing incidents, but a full
range of possible attacks. Particular attention must be given to the
third pre-requisite because this is the one area which a law enforcing
organization has the greatest opportunity to deter a bomb incident. If
adequate preventive measures and physical security precautions are
established; the opportunity to obtain explosive and emplace bombs
will be reduced. In addition, an effective bomb threat plan and a well
rehearsed procedures for handling bomb threats and incidents will
reduce the chances f a bomb being successfully detonated.
COUNTER MEASURES AGAINST SABOTAGE BY
EXPLOSIVE/ INCENDIARY ARE;
1. PHYSICAL SECURITY EDUCATION
2. USE OF EFFICIENT SECURITY FORCE
3. IDENTIFICATION AND MOVEMENT CONTROL
4. USE OF PHYSICAL SECURITY AIDS
5. DESIGNATION OR RESTRICTED AREAS
6. SEARCHES OF INCOMING VEHICLES
7. EMERGENCY PLANNING
8. GOOD HOUSEKEEPING
BOMB INCIDENT PLAN- A plan providing detailed
procedures to be implemented when a bombing attack is executed or
threatened. Elements of this plan are;
AUTHORITY AND CONTROL
1. WHO WIL BE INCHARGED OF THE INCIDENT?
2. WHERE WILL CONTROL CENTER BE LOCATED?
3. HOW WILL CRITICAL DECISIONS BE MADE?
4. WHO WILL MAN THE CONTROL CENTER?
5. WHAT PRIMARY AND ALTERNATE COMMUNICATION
SYSTEM WILL BE DURING THE INCIDENT?
THREAT EVALUATION
1. CHARACTERISTICS OF THE THREATENER SUCH AS
AGE, ETHNIC GROUPING, AND PHYSICAL AND
MENTAL CONDITION
2. BACKGROUND NOISES (TELEPHONE THREAT) THAT
GIVE INDICATIONS OF CALLER LOCATION.
3. TARGET IDENTIFICATION, DID THE THREAT INDICATE
A VALID TARGET?
4. TECHNOLOGY; IS THE DEVICE DESCRIBED
TECHNICALLY LOGICAL AND POSSIBLE?
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5. ANALYSIS OF RECENT LOCAL BOMBING ACTIVITY. IF
THE EVELUATION OF THE THREAT INDICATES THAT
THE THREAT IS VALID, ACTION IS REQUIRED TO
MAINTAIN SAFETY OF PERSONNEL. SECONDARY
CONSIDERATION IS GIVEN TO DAMAGE REDUCTION.
EVACUATION
A number of factors may influence the decision whether or
not to evacuate. Threat assessment is the primary consideration.
Also, the most likely place for a device to be located is on the exterior
of the building. Evacuation to the outside of the building may
increase the danger to personnel. The second most likely places to
conceal a device are those areas of accessibility to the public, i. e.,
hallways, lobbies, and restrooms. Evacuation of personnel through
public areas may increase the hazard. Secondary assembly points
should be established in the event the device is located at/near the
primary assembly point.
An alternative to total evacuation is partial evacuation, which is
effective when the threat indicates the specific location of the device.
Partial evacuation requires a high degree of planning. Should a
device be located, the area around the item as well as the floors
above and below the suspected item should be evacuated
immediately.
SEARCH PROCEDURES
1. WHAT WILL BE SEARCHED?
2. WHAT SEARCH TECHNIQUES WILL BE EMPLOYED?
3. WHO WILL SEARCH?
The search must be thorough, systematic, and quick. The
bomb threat plan should include floor diagrams and room search
cards. These expedite search, prevent duplication of effort, and
prevent areas from being overlooked. The building search should
start simultaneously at four places; the exterior search, public search
area, the detailed room search, and the garage search. The search
starts at the lowest part of the building, i.e. basement, garage, or
bottom floor. As the exterior search and public area search teams
complete their tasks, they will supplement the detailed room search
teams in progress. Two-person teams have proven most effective in
searching must areas. Exceptions would be for search or very large
areas such as parking garages and auditoriums.
Except for the most unusual circumstances for VIP and or
presidential technical security measures, eod/bomb squad and
military/police will not be used to search for reported explosive device
in community areas, building and offices. Rather, such searches
must be conducted by designated individuals familiar to the area and
its contents. If an unusual item is found, eod is to neutralize and
evacuate the device for disposal. Law enforcement personnel are to
be employed around the threatened area to control traffic and
provide other regulatory service.
D
AMAGE REDUCTION
Damage control techniques include standby of fire and medical
services; disconnection of gas, fuel, and electrical power; evacuation
of personnel; and venting by opening doors and windows to minimize
blast damage, and use of blast attenuation techniques.
REMOVAL
Removal of an improvised explosive device or a suspect item is an
eod function. Under certain conditions where evacuation is
impossible or bomb disposal personnel are not available, it may be
necessary for someone to take steps to remove the ied to an exterior
holding area or to neutralize the device. It must be understood that
these procedures should be used ONLY AS A LAST RESORT AND
ONLY ON THE APPROVAL OF THE SENIOR OFFICIALS IN-
CHARGE.
DETONATION
If a detonation occurs, it may be necessary to organize
rescue teams, first-aid personnel, and the site security personnel.
Likewise course of action taken must be done such as:
31

1. secure and control access to the compound/and or
building
2. control and extinguish fires
3. search area for secondary explosive device
4. supply immediate first-aid, remove dead and injured
from the area
5. secure entire blast scene, including area suspected or
known to be the point of detonation
6. minimize disruption of the blast scene pending
investigation. Do not move or remove any evidence
debris, bomb components.
7. Photograph area including known or suspected point
of destruction
8. If building is safe to enter, shake down area to ensure
all classified materials
BOMB THREAT
It is a message delivered by any means, warning or
claiming the presence of one or more bombs. A bomb threat may or
may not specify the location of a bomb. It may or may not include the
time of detonation/ignition. It may or may not contain an ultimatum
related to the detonation/ignition or concealment of the bomb.
Reasonable explanations for receiving a bomb threat:
1. The caller has definitive knowledge or belief that an
explosive or incendiary device has been r will be placed in
an area and wants to minimize personal injury or property
damage.
2. The caller wants to create an atmosphere of anxiety and
panic which will in turn, possibly result in a disruption of
normal activities at the target area.
3. The caller wants to bring about or amplify a lack of
confidence in the existing leadership or programs.
4. Each threat received through any means of
communication, should be treated as real and must be
thoroughly evaluated to safeguard life and property. The
following procedures apply to recipients of the threat;
Telephone calls
1. A checklist of guidelines should be readily accessible
(telephone bomb threat report form)
2. Keep the caller on line as long as possible. Ask him to
repeat the message. Record every word spoken by the
person.
3. If the caller does not indicate the location of the bomb or
the time of the possible detonation, you should ask him for
this information.
4. Inform the caller that the building is occupied and the
detonation of a bomb could result in death or serious injury
to many innocent people.
5. Pay particular attention to peculiar background noises such
as motors running, background music and any other noises
which may give clue as to the location of the caller.
6. Listen closely to voice (male/female), voice quality
(calm/excited), accents and speech impediments,
immediately after the caller hangs up, you should report to
the person designated by management to receive such
information. Since the law enforcement personnel will want
to talk first hand with the person who received the call,
he/she must remain available until they arrive.
7. Report the information immediately to the police/fire/bomb
squad and other appropriate agencies or counter-action.
Handwritten/ typed notes
Save all materials, including any envelope or container.
Once the message is recognized as a bomb threat, further
unnecessary handling must be avoided. Every possible effort must
be made to retain evidence, such as fingerprints, handwriting r type
writing, paper and postal marks which are essential to tracing the
threat and identifying the writer. While written messages are usually
associated with generalized threats and extortion attempts, a written
warning of a specific device may occasionally be received. It should
never be ignored. With the growing use of voice print identification
techniques to identify and convict telephone callers, there will be an
increase in the use of written warnings and calls t third parties.
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Person to Person (Indirect)
Notify your supervisor immediately. Keep the person
making the threat or indicating knowledge of a threat under
surveillance until relieved by your supervisor. Take note of the age,
height, weight, sex color of eyes, hair, skin, clothing, and unusual
characteristics such as lameness, twitching or any peculiarities of the
person under surveillance. Observe for other personal defects. If the
person leaves the scene, take note of the transportation used, such
as bus, taxi or car, note the make, model, color, plate number and
marking of the vehicles used. Pinpointing the exact location of the
bomb must be the primary concern. The following procedures apply
when the location of the bomb is known:
1. Inform immediately your supervisor or officer
2. Coordinate with the nearest police4 unit on how t
avail the services of the bomb squad
3. Alert fire station and medics
4. Cordon the area.
BOMB IDENTIFICATION AND DETECTION
Usually, bombs that are used for terroristic purposes are
disguised and are contained in any of the following:
GIFT WRAPPED PACKAGES, BISCUIT CANS, FRUIT
COCKTAIL BASKETS, ATTACHE CASE/SUIT CASE,
LUNCH BOXES, LAUNDRY BAGS, SHOPPING BAGS,
ENVELOPE, BOOKS, CLUTCH BAGS, LETTERS, TRASH
BOXES, GARBAGE CANS, LADIES BAGS, CAR/BOXES,
CARTONS,
HOW TO DETERMINE IF BOMB EXISTS
1. By using visual inspection without the use of any
instrument or apparatus or touching the suspected object.
2. visualize the suspected object at a distance t see if there is
any relation or connection to its surroundings. If none, take
a closer look to see if there is or there are protruding wires
or gadgets;
3. check without touching if the suspected object emits smell
of gas or commonly smelled chemicals;
4. check if the presence of the suspected object in the area is
unusual or strange;
5. be quiet and listen if there is a tic-tac sound of a clock
LOCATION OF BOMBS
1. The location of the bomb at the target site is usually
determined by three criteria:
2. The location must be accessible to entrances.
3. The location must be accessible to exits, but isolated
enough for the bomber to conduct his mission.
4. The location would also be as place where the most
structural damage to the building would occur.
WHAT TO DO IF THE SUSPECTED BOMB IS LOCATED
Discovery of what appears to be suspicious material as a
result of telephoned information or accidental discovery, calls for
action on the part o the individual only to a limited extent. Evacuate
the personnel to at least 300 feet away from the building/bomb. Turn
off the electrical and gas units. N attempts should be made to move,
alter, open or examine the article. Above all “Don’t panic”. Once it
has been determined that explosive items on inspected package
exist and while awaiting for the arrival of eod/bomb squad personnel,
start the protective works by utilizing minimum number of person for
reason of safety such as VENTING – which is the opening of doors
and windows to minimize the blast effect; BUTTRESSING – which is
sandbagging adjacent walls to prevent blast and shock damage to
adjacent rooms and BAFFLING – which is the placing of sandbags
around the bomb to minimize blast fragment damage.
METHODS OF DELIVERY - Mail, Planted (booby trapped), Thrown,
Projected, Delivered by agents
WHAT TO DO WHEN BOMB EXPLODED - Alert personnel for
possible additional bombs, secure bombing scene and evacuate the
injured, leave obviously dead personnel, when fire occurs after
explosion, assist in putting off the fire and collect and preserve
evidence.
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DON’T’S IN HANDLING SUSPECTED BOMB PACKAGE
1. Do not attempt to open the package.
2. Do not submerge in water due to conductivity f electric
circuit and the possibility of violent reaction of chemical.
3. Do not indiscriminately shake or jar suspected package
due to the possibility of disturbing the trigger mechanism.
4. Do not puncture or cut the box with metallic object as the
possibility of an electronic probe may be employed.
5. Do not cut string or unwrap package due to the possibility
of pressure release type devices
6. Do not accept identification markings on any suspected
packages as legitimate
7. Do not allow radio transmission near the vicinity f
suspected package, explosion may occur due to static
electricity by transmitter.
8. Do not pass metallic tools or things over or near the vicinity
of suspected package until identification f contents are
made due to magnetic device present
9. Do not switch on lights or any electrical switches just to
light up the area
10. Do not use siren of police, fire or ambulance in the area.
11. Do not use photoflash in the immediate area
12. Do not underestimate the size of the package like a pack of
cigarette or a lighter; it could be a powerful explosive.
Above all, do not panic.
THREE CHARACTERISTICS OF A BOMBER
ON PSYCHOLOGY
 Several forms of bombings are attractive to the radical
mind.
 Bombing historically is linked to anarchy and classical
revolution
 Bombing is a symbol of extreme frustration
 Satisfying feeling of conspiracy, danger, action, drama
and finally group excitement
 Disassociation psychologically from any resulting
death or injury
AS TO TECHNOLOGY
 Commercial explosive materials are not necessary to
construct effective bombs.
 Underground literatures and legitimate publications
are available
 Contrary to popular beliefs, college of high school
students taking up chemistry subjects have the
capability of making bombs.
AS TO SECURITY
 Successful bombings destroy the kind of evidence that
can lead to conviction of bombers.
 Fingerprints, bloodstains and tool marks offer no
threat to the careful bombers.
 Eyewitnesses and incriminating evidence are
frequently not available in bombing scene.
BOMBER SKILL LEVEL MOTIVATING FACTORS OF A BOMBER
Amateur Experimentation
Semi-professional Vandalism
Professional Ideological perception
Emotional release
Profit
SPECIAL WEAPONS AND TACTICS (SWAT): Tactical Crisis
Management
Tactical Crisis Management
SWAT Teams
SWAT teams are highly trained police units. A unit is a
small group within a larger group. SWAT stands for Special Weapons
and Tactics. Tactics are actions aimed at solving problems. SWAT
team members are weapons and tactics specialists. A specialist is a
person trained for a particular job. SWAT team members use their
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special weapons, tactics, and training to protect the public. They
handle police emergencies. An emergency is a sudden and risky
situation. Police send SWAT teams to any kinds of police
emergencies. The emergencies often involve one or more heavenly
armed suspects. A suspect is a person believed to have committed a
crime. SWAT teams work on hostage situations. A hostage is a
person held against his or her will. SWAT teams perform many jobs.
They come to robberies that are in progress. They help guard
government officials. They help stop terrorists. A terrorist is a person
who tries to get what he or she wants by threatening or harming
others. SWAT teams also patrol high-crime areas.
SWAT Team Names
SWAT teams can be part of city, county or state law
enforcement agencies. A law enforcement agency is an office or
department that makes sure people obey laws. Police department
and sheriffs departments are examples of law enforcement agencies.
Law enforcement agencies use different names for their SWAT
teams. The names include Emergency Service Unit and Emergency
Response Team. They also include Mobile emergency Response
Group and Equipment (MERGE) and Tactical Response Team.
SWAT Team Beginnings
The New York Police Department (NYPD) had one of the
earliest specially trained police units. In the mid-1880s, the NYPD set
up small units of police officers. The department called these units
strong-arm squads. The squads fought criminal gangs. Police clubs
were their only weapons. By the 1920s, criminal gangs had
grown in size and power. The gangs bought handguns, rifles and
submachine guns. A submachine gun is a light gun that fires rapidly.
The criminal gangs fought one another on New York City streets.
Many innocent people died. In 1925, the NYPD formed the
Emergency Service Unit (ESU). The department also formed the
Gunman’s Squad as part of the unit. The squad included 60 heavily
armed police officers. The officers had handguns, rifles and
submachine guns. They worked on cases involving criminal gangs.
They patrolled the city in green trucks. Other large police
departments formed early SWAT team units. These units also
worked to stop criminal gangs.
Growth and Change
The Gunman’s Squad is a good example of how the early
SWAT teams grew and changed. This squad became the Mobile
Security Unit (MSU) in the late 1940s the new unit larger than the old
unit. It continued to fight criminal gang activity. The MSU changed in
the late 1960s. More people lived in New York City. The number of
murders and robberies increased. The MSU formed the Stakeout
Squad to fight the increase in crime. The NYPD’s best police officers
joined the Stakeout Squad. Each member was a skilled police officer
and marksman. A marksman is a person skilled and aiming and
shooting guns. The Stakeout Squad work on difficult cases. It helped
the NYPD lower the number of murders in the city. In the 1970s,
Stakeout Squad officers learned new skills. They learned anti-
terrorist tactics and special weapons skills. Officers also learned how
to rescue hostages. The skills helped them fight terrorists. In the
1980s, the squad was taken over by the Emergency Service Unit.
Today, this unit controls all NYPD SWAT operations.
The LAPD SWAT TEAM
The Los Angeles Police Department (LAPD) changed law
enforcement around the country in the 1960s. Los Angeles police
officers found themselves outgunned by criminals. The criminals had
powerful weapons. So the LAPD formed a specially trained and
armed police unit to protect people. The LAPD named the unit the
Special Weapons and Tactics (SWAT) team. Team members
received special weapons training. They also learned how to handle
police emergencies. The team was very successful. Other police and
sheriffs departments saw the success of the Los Angeles Police
Department’s SWAT team. Many departments formed their own
SWAT teams. Today, special training centers in the United States
train and organize many SWAT teams. The centers teach SWAT
team members tactics and weapons skills.
SWAT Team Officers
33
 There are more than 17,000 police departments in the
United States. Many have either full-time or part-time SWAT teams.
Many SWAT team officers work more than 40 hours each week.
Most officers are on call 24 hours a day. On call means ready to work
at anytime. SWAT team officers perform hard and risky work. They
risk their lives each time they go out on a police emergency. Police
officers are not ordered to join SWAT teams. Instead, they volunteer.
Volunteer means to offer to do a job.
Training
SWAT team officers receive special training. Large police
departments usually conduct their own training. Officers in small units
receive SWAT training from large units and from training centers.
The federal government also trains large and small SWAT teams.
The FBI operates an advanced training school at Quantico, Virginia.
The U.S. Army and U.S. Marine Corps also conduct training classes.
During training, officers learn through classes and field work. Officers
learn about different weapons and practice using them. Officers also
receive other training. Many officers learn advanced first aid. First aid
is early medical help. Some officers learn to be sharpshooters. A
sharpshooter is a marksman skilled at hitting small or distant targets.
Some officers learn to handle and use tear gas. Tear gas is a gas
that causes a painful burning feeling in the eyes and lungs. Tear gas
disable suspects. Other officers learn communication skills.
Communication is the sharing of information. Communication allows
officers to calm suspects by talking to them.
Special Teams
Most SWAT teams include three kinds of smaller
specialized teams. They include negotiator teams, containment
teams, and entry teams. Each team performs a different kind of job.
Sometimes only one specialized team works on an emergency.
Other times, all three teams work together.
Negotiator Teams
Negotiators are communication experts. They listen and
talk to suspects during police emergencies. Negotiators use words to
reason with suspects and solve problems. They often work on
hostage situations. They try to convince suspects to free their
hostages and surrender. Surrender means to give up peacefully.
Negotiators have to be calm. They must think carefully about each
word they say. They do not want to upset a suspect. This could
cause a suspect to harm hostages. Negotiators may spend hours
talking with suspects. Sometimes they use phones and talk from a
safe distance. Other times they talk with suspects in person. In these
cases, suspects will often talk only if negotiators do not have
weapons.
Containment Teams
Containment teams control and contain crime scenes.
Contain means to hold in. they make sure innocent people do not
become involved in situation. They also make sure that suspects do
not escape. Containment officers make observations and report what
they see to their leaders. Sometimes they have to shoot at suspects.
Containment officers take different positions at a crime scene. They
choose locations that help them see what is happening. Some may
crouch on rooftops. Some may stand in doorways. Others may take
positions behind cars. Containment officers are patient. They control
their emotions while under pressure. Containment officers also think
carefully before they shoot. Careless shots could not hurt innocent
people or lead to deadly shoot-outs.
Entry Teams
Entry teams enter and search buildings. Their job is of find and
captures suspects in the buildings. They also try to locate and
rescue hostages. Sometimes entry team officers must secure crime
scenes. This means they prevent suspects from harming others or
killing themselves. Entry team officers also prevent suspects from
escaping or destroying evidence. Evidence is facts or objects that
help prove guilt. Entry team officers can break through locked or
barricaded entrances quickly. Barricaded means blocked. The
officers use tools to break windows and push through doors. Quick
entries allow officers to catch suspects off guard. This makes entry
operations safer.
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SWAT TEAMS OPERATIONS
All swat teams try to resolve police emergencies as quickly
and safely as possible. They want to capture suspects without
harming the public, hostages, or the suspects. SWAT teams work
carefully during their operations to reduce chances of harm or death.
SWAT teams use different tactics to reach these goals. They try
peaceful tactics first.
Peaceful Tactics
Waiting is one peaceful tactics SWAT teams use. SWAT
teams sometimes wait for hours before they take more forceful
action. Waiting gives suspects a chance to think about what they are
doing. SWAT teams try to resolve police emergencies with peaceful
tactics. It also suspects time to think about what may happen to
them. Sometimes suspects surrender after they have time to think.
Persuasion and negotiation are other tactics SWAT teams use.
Persuasion is trying to change a person’s mind. Negotiation is
talking to reach an agreement. The goal of these tactics is to talk
suspects into surrendering without harming others. Many times,
SWAT teams use other tactics in combination with persuasion and
negotiation. For example, teams may cut the heat or air. They may
constantly ring doorbells or call suspects on the phone. These
tactics make the suspects nervous. Sometimes they make criminals
more willing to surrender.
Forceful Tactics
SWAT teams change their tactics if more force is needed.
They use forceful tactics when negotiation and persuasion tactics fail.
They also use forceful tactics if the lives of hostages and officers are
in danger. Forceful tactics include the use of tear gas. Forceful
tactics include using tear gas, storming buildings, and attacking with
sharpshooters. Tear gas is the least forceful of these tactics.
Tear Gas
SWAT team officers often use tear gas as their first forceful
tactic. Officers shoot cans of tear gas through windows and
doorways with tear gas guns. The tear gas makes suspects’ eyes
burn and swell. The suspects have a hard time breathing in rooms
filled with the tear gas. Tear gas often disables suspects. This allows
officers to arrest suspects safely. Other times, tear gas forces
suspects to surrender.
Entering a Building
Sometimes officers must enter buildings to try to capture
suspects. Entry teams meet at a staging are before entering a
building. A staging area is a safe area near a building that officers
plant to enter. Entry team members check their equipment and
weapons at staging areas. They also go over their plans for entry.
Next, the entry teams enter buildings. They must often break
through barricaded doors and windows. Once inside, officers search
rooms and hallways. They search until they locate suspects and
hostages. Entry team officers try to capture and disarm suspects.
Disarm means to take away a person’s weapons. Many times
suspects surrender when they see entry teams. Sometimes
suspects shoot at the officers. The officers shoot back. Entry team
officers often turn captured suspects over to arrest teams. Arrest
teams arrest captured suspects. They make sure nothing goes
wrong during arrest. They may also help hostages out of buildings.
Sharp shooting Teams
Sharpshooters may have to shoot suspects. This may
become necessary if suspects try to harm hostages, officers, or
innocent bystanders. Sharpshooters may receive orders to shoot
suspects in these situations. Many SWAT units have sharp shooting
teams. Each team includes two officers. One officer works as an
observer. The other works a sharpshooter.
Sharp shooting Team Operations
Sharp shooting teams choose locations that give them
clear views of suspects. Both members examine crime scenes from
their location. Observers provide information about suspects to
sharpshooters and SWAT team leader. The information includes
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descriptions of suspects, their weapons, and their positions in
buildings. Observers’ information helps sharpshooters make sure
they do not shoot at innocent people. Sharpshooters stay calm and
keep their weapons aimed at suspects. Orders to shoot a suspect
can come at any time during an operation.
Special Weapons
SWAT team officers use special weapons. Many of the
weapons are powerful guns. At crime scenes, the weapons help the
officers protect themselves and capture suspects. But SWAT team
members do not use their weapons unless peaceful tactics fail.
Different weapons are useful in different situations. Some weapons
are useful in short-range situations. Other weapons are useful in
long-ranger situations.
Stun Guns and Rubber Bullets
Sometime SWAT team officers use impact weapons.
Impact weapons disable suspects. SWAT team officer use powerful
weapons. Sometimes SWAT team officers use submachine guns.
Without killing them. These weapons fire rubber or plastic bullets.
Using impact weapons reduces the risk of harm to hostages and the
public. Sometimes officers use stun guns. A stun gun is a device
that delivers an electric shock. The shock stuns suspects.
Semi – automatic Handguns
Most SWAT team officers carry semi – automatic
handguns. A semi – automatic handgun is a powerful gun that fires
bullets quickly. These handguns are short –range weapons. They
work best for targets within 25 yards (23 meters). Semi – automatic
handguns hold 14 to 17 rounds in each magazine. A round is a
bullet. A magazine is a metal or plastic case that fits inside a gun.
Magazines allow officers to reload their handgun quickly.
Shotguns
Sometime SWAT team officers use shotguns. A shotgun is
a powerful gun wit a long barrel. Shotguns are mainly short-range
weapons. They may be single-shot or semi-automatic weapons.
Shotguns fire large bullets called shells. SWAT teams often use the
Benelli M3 Super 90 shotgun. This shotgun is a semi-automatic. It
holds up to seven shells stored in a magazine.
Submachine Guns
SWAT teams use submachine guns during shootouts with
heavily armed suspects. Submachine guns fire rapidly but are not
easy to aim. SWAT team submachine guns can fire single or multiple
rounds. They fire multiple rounds in short and long bursts. A short
burst is a quick series of two or three rounds. A long burst is a quick
series of four to eight rounds. Many SWAT teams use the Heckler
and Koch MP-5 submachine gun. Most MP-5 can fire 30 shots in just
two seconds.
Standard Rifle
SWAT teams use different rifles in different situations.
Rifle gives officers dependable aim, firepower, and range. The M-16
is the standard SWAT team rifle. The M-16 is light. This makes it
easy to carry and use. The M-16 has a dependable range of 50 to
200 yards (46 to 183 meters). Each magazine for the M-16 holds up
to 30 rounds. These features make the rifle useful in many
situations.
High-Powered Rifles
SWAT team officers use high-powered rifles for long-
distance shooting. Containment officers and sharpshooters use high
– powered rifles to improve their shots. High-powered rifles fire high-
powered rounds. They are large rifles with long barrels. They have
telescopes on them. A telescope is an instrument that makes distant
objects seem larger and closer. Telescopes help sharpshooters aim
their rifles. High-powered rifles have ranges up to several hundred
yards. Fifty-caliber rifles are the largest high-powered rifles SWAT
teams use. These rifles weigh up to 40 pounds (18 kilograms) and
are at least five feet (1.5 meters) long. The rifles shoot rounds
powerful enough to punch through metal and concrete. Officers use
these rifles to shoot at suspects inside buildings.
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Equipment and Dogs
SWAT team officers use different kinds of equipment. The
equipment ranges from clothing to helicopters. Officers also work
with police dogs. The dogs and equipment help make SWAT team
operations easier and safer.
Uniforms
Many SWAT team officers wear black or dark blue
uniforms. During operations, the uniforms help SWAT team officers
identify each other. Sometimes SWAT team officers wear
camouflage uniforms. Camouflage uniforms have coloring that
makes officers blend in with their surroundings. Many camouflage
uniforms are green and brown. These uniforms help officers stay
hidden from suspects.
Armored Vests and Shields
All SWAT team officers wear armored vest. Armor is a
protective covering. Armored vests can protect officers from
gunshots. Officers wear two kinds of armored vests. One kind fits
over uniforms. The other kind fits over uniforms. The other kind fits
under uniforms. Entry team officers often use armored shields in
addition to their armored vests. The shields are made of lightweight
armor. They provide added protection against gunshots and small
explosions.
Goggles and Gas Masks
Many SWAT team officers wear goggles. Goggles are
protective glasses that fit tightly around the upper face and eyes.
They protect officers’ eyes from dirt, dust, and smoke. Some SWAT
teams use night vision goggles. Night vision goggles let SWAT team
officers see in the dark. The goggles are useful during night
operations or inside dark buildings. SWAT team officers wear gas
masks when they use tear gas. A gas mask keeps a person from
breathing gas. Gas masks help entry teams work in areas where
tear gas is present.
Entry Tools
Entry team officers often need tools to get into barricaded
buildings. Basic tools include ropes and ladders. Tools can also
include battering rams, sledgehammers, and axes. A battering ram
is a heavy metal tube. Officers use battering rams to force open
doors. Entry teams recently started using small amounts of
explosives. The explosives can blow holes in doors and walls. But
the explosives present little danger to SWAT team members and
suspects.
Helicopters
Some SWAT teams use helicopter. Helicopters carry
SWAT teams to emergencies located in hard to reach places like
rooftops. Helicopters also let officers examine crime scenes from the
air. This helps them plan their operations.
Walkie Talkies and Telephone
Communications is important to SWAT team officers.
Officers often use walkie talkies. Walkie talkies are small two-way
radios. Officers use walkie talkies to tell each other what is
happening during operations. Sometimes SWAT teams use
telephones to talk with suspects. Telephones also let team member
speak to other people during operations.
Swat Team Dogs
Many large SWAT teams use police dogs. Police dogs
work with some SWAT officer as K-9 teams. K-9 is short for canine.
Canine means dog. Most police dogs are German shepherds. Police
dogs help officers find suspects. The dogs follow suspects’ scents to
the suspects’ hiding places. Police dogs also chase and stop
escaping suspects. They often stop suspects by biting the suspects’
arms and legs.
Facing the Risks
35

SWAT team duty is challenging and risky work. Officers
risk death each time they work on a police emergency. Many officers
volunteer for SWAT team duty because they like challenge and
excitement. But most SWAT team officers volunteer because they
want to protect the public.
JUVENILE DELINQUENCY & CRIME PREVENTION
DEFINITION OF TERMS
ABANDONMENT - The most common legal grounds for
termination of parental rights, also a form of child abuse in most
states. Sporadic visits, a few phone calls, or birthday cards are not
sufficient to maintain parental rights. Fathers who manifest
indifference toward a pregnant mother are also viewed as
abandoning the child when it is born.
ABUSE - Term for acts or omissions by a legal caretaker.
Encompasses a broad range of acts, and usually requires proof of
intent.
ADJUDICATION - The phase of a delinquency hearing
similar to a "trial" in adult criminal court, except that juveniles have no
right to a jury trial, a public trial, or bail. 
ADMINISTRATIVE PROCEDURE - Any of the processes
involving enforcement of care, custody, or support orders by an
executive agency rather than by courts or judges.
ADOPTION - A legal relationship between two people not
biologically related, usually terminating the rights of biological
parents, and usually with a trial "live-in" period. Once an adoption is
finalized, the records are sealed and only the most compelling
interests will enable disclosure of documents.
BEST INTERESTS OF THE CHILD RULE - Legal doctrine
establishing court as determiner of best environment for raising child.
An alternative to the Parens Patriae Doctrine.
BREED v. JONES (1975) - Case allowing second
prosecution in adult court for conviction in juvenile court, based on
idea that first conviction was a "civil" matter.
CASE LAW - Law established by the history of judicial
decisions in cases decided by judges, as opposed to common law
which is developed from the history of judicial decisions and social
customs.
CHILD PROTECTION ACTION - The filing of legal papers
by a child welfare agency when its investigation has turned up
evidence of child abuse. This is a civil, rather than criminal, charge
designed to take preventive action (like appointment of a Guardian
ad litem) for at-risk children before abuse occurs.
CHILD SUPPORT – the act of being responsible for
enforcing child support obligations.
CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990
federal law allowing courts to take extraordinary steps in protecting
the emotional health of any child called to testify in a courtroom.
CHINS (CHild In Need of Supervision) - A term applied to
status offenders adjudicated in juvenile court.
CIVIL PROTECTION ORDER - A form of protective
custody in which a child welfare or police agency order an adult
suspected of abuse to leave the home.
CUSTODIAL CONFINEMENT - Court order for placement
in a secure facility, separate from adults, for the rehabilitation of a
juvenile delinquent.
DELINQUENCY PROCEEDING - Court action to officially
declare someone a juvenile delinquent. A "delinquent" is defined as
under the age of majority who has been convicted in juvenile court of
something that would be classified as a crime in adult court.
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DEPENDENT - Anyone under the care of someone else. A
child ceases to be a dependent when they reach the age of
emancipation.
DeSHANEY v. WINNEBAGO COUNTY (1989) - Case
limiting extent by which government exercises parens patriae power.
DISPOSITION - Phase of delinquency proceeding similar
to "sentencing" phase of adult trial. The judge must consider
alternative, innovative, and individualized sentences rather than
imposing standard sentences.
DIVERSION - An alternative to trial decided upon at intake
to refer the child to counseling or other social services.
EMANCIPATION - Independence of a minor from his or her
parents before reaching age of majority.
EQUAL PROTECTION – A clause requiring government to
treat similarly situated people the same or have good reason for
treating them differently. Compelling reasons are considered to exist
for treating children differently.
FAMILY IMMUNITY DOCTRINE - Legal doctrine
preventing unemancipated children from suing their parents.
FAMILY PURPOSE DOCTRINE - Legal doctrine holding
parents liable for injuries caused by a child's negligent driving or
other actions.
FOSTER CARE - Temporary care funded via Federal-State
pass-through and arranged by a child welfare agency in order to
allow receipt of adequate food, clothing, shelter, education, and
medical treatment for anyone raising a child that is not their own.
GUARDIAN AD LITEM - Phrase meaning "For the
Proceeding" referring to adults who look after the welfare of a child
and represent their legal interests.
GUARDIANSHIP - Court order giving an individual or
organization legal authority over a child. A guardian of the person is
usually an individual and the child is called a ward. A guardian of the
estate is usually an organization, like a bank, which manages the
property and assets of a child's inheritance. Guardians are usually
compensated for their services.
ILLEGITIMACY - Being born to unmarried parents. The law
assumes legitimacy via a married mother's husband, whether or not
this is the true father. Illegitimacy status limits inheritance rights.
IN LOCO PARENTIS - Teachers, administrators, and
babysitters who are viewed as having some temporary parental
rights & obligations.
IN RE GAULT (1967) – (US) - Case that determined the
Constitution requires a separate juvenile justice system with certain
standard procedures and protections, but still not as many as in adult
systems.
INTAKE - Procedure prior to preliminary hearing in which a
group of people (intake officer, police, probation, social worker,
parent and child) talk and decide whether to handle the case formally
or informally.
JUDGMENT - Any official decision or finding of a judge or
administrative agency hearing officer upon the respective rights and
claims of parties to an action; also known as a decree or order.
KENT v. U.S. (1966) - Case requiring a special hearing
before any transfers to adult court.
MATERNAL PREFERENCE RULE - Legal doctrine
granting mothers custodial preference after a divorce.
NEGLECT - Parental failure to provide a child with basic
necessities when able to do so. Encompasses a variety of forms of
abuse that do not require the element of intent.
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 PARENS PATRIAE - Legal doctrine establishing "parental"
role of state over welfare of its citizens, especially its children. A 19th
century idea first articulated in Prince v. Massachusetts (1944).
PAROLE - Release of a juvenile delinquent from custodial
confinement prior to expiration of sentence; sometimes called
aftercare.
PATERNITY - Result of lawsuit forcing a reluctant man to
assume obligations of fatherhood. Blood and DNA tests showing a
98 or 99 percent likelihood are the standard. Laws vary widely in
terms of statutes of limitations and when paternity actions will not be
allowed (estoppel).
PLEADING - In juvenile court, a plea of "not guilty" will
move the case to adjudication, and a plea of "guilty" or "nolo
contendere" will result in waiver of the right to trial. State procedures
vary widely in how intelligent and voluntary pleas are accepted.
PRELIMINARY HEARING - The bringing of a juvenile
before a magistrate or judge in which charges are formally
presented. Similar to an arraignment in adult court, and also called
"advisory hearings" or "initial appearances" in some state juvenile
justice systems.
PREVENTIVE DETENTION - Keeping a juvenile in custody
or under a different living arrangement until the time when an
adjudication can take place. Upheld in Schall v. Martin (1984), but
the right to speedy trial requires the dropping of charges if an
unreasonable amount of time is spent in preventive detention.
PROTECTIVE CUSTODY - Emergency, temporary custody
by a child welfare agency, police agency, or hospital for reasons of
immanent danger to the child. A hearing must be held for the benefit
of the parents within a few days.
PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine
granting custody to the parent whom the child feels the greatest
emotional attachment to.
RESTITUTION - A disposition requiring a defendant to pay
damages to a victim. The law prohibits making restitution a condition
of receiving probation. Poor families cannot be deprived of probation
simply because they are too poor to afford restitution. Some states
do not allow families to pay restitution.
RULE OF SIXTEEN – (US) - Federal and state laws that
prohibit anyone under age 16 from employment.
STANFORD v. KENTUCKY (1989) - Case in which it was
determined constitutional to execute juveniles between the ages of
16-18, but unconstitutional if they committed crimes while under age
16. Won by a narrow majority, as in the 1988 case of Thompson v.
Oklahoma which relied upon "standards of decency".
STATUS OFFENSE - An activity illegal when engaged in
by a minor, but not when done by an adult. Examples include
truancy, curfew, running away, or habitually disobeying parents.
STEPPARENT - A spouse of a biological parent who has
no legal rights or duties to the child other than those which have
been voluntarily accepted.
SURROGATE PARENT - A parent who provided an egg,
sperm, or uterus with an intent of giving the child up for adoption to
specific parties.
TENDER YEARS DOCTRINE - Legal doctrine that unless
the mother is "unfit", very young children should be placed in custody
with their mother following a divorce.
TERMINATION HEARINGS - Process for legally severing
the parent-child relationship. Initiated by the filing of a petition in
family court, and almost always brought forth by a child welfare
agency. Requires a finding of "unfitness" and a determination of the
best interests of the child.
UNFIT PARENT - A temporary or permanent termination of
parental rights in the best interest of the child usually for reasons of
abandonment, abuse, or neglect, but also including mental illness,
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addiction, or criminal record. Poverty alone and character flaws are
prohibited by law from being indicators of "unfitness".
ENVIRONMENTAL FACTORS TO DELINQUENCY
Families, peers, schools, and socioeconomic status are all
social factors that are examined in many of the causal theories. 
Demographics and the relationships one has in society are also
examined in some of the explanatory theories.  Families are
important to consider when we explain juvenile delinquency. The
family unit is crucial to a child's development and healthy upbringing.
In addition, much of what a child learns is through their family or
guardians. A criminal parent can teach their child adverse lessons
about life when their child views or witnesses their parent's
delinquent behavior.  Peers can also teach an adolescent or child
criminal behavior just as the family member can. Family members
and peers can also cause delinquent patterns of behavior
by labeling  their child as delinquent. This is somewhat of the "if the
shoe fits, wear it" saying. If a child feels as though they are viewed as
delinquent, then they will act as such and find a sense of self-esteem
by doing so. 
Even though the family and peers (as well as the school)
can influence a juvenile to participate in crime, the decision still rests
on their shoulders. Some theorists argue that participation in crime is
a  rational choice  and that the rewards and consequences are
carefully calculated out by the individual. The choice to commit a
crime can by influenced by many factors, including the ones that I
outlined here. However, if a juvenile has many ties or bonds to
members in society, they are less likely to make the choice to commit
a crime for fear of ridicule, embarrassment, or scorn from those they
associate with.  The demographic characteristics of a person's
living environment can also be a contributing factor to criminal
patterns of behavior. Adverse living conditions and a crime-prone
neighborhood can lead to criminal activity. There are also various
structural theories that can put juvenile delinquency in a context of
better understanding.
In order to simplify the environmental sources of
delinquency, the following are considered:
FAMILY BACKGROUND
The Home - The family or the home is one of the most
influential environmental factors that would lead a person to either a
law abiding or a criminal. It is said that the home is considered as the
“cradle of human personality” for in it the child forms fundamental
attitudes and habits that endure through out his life.
The kind of conscience the child develops depends largely
upon the kind of parents he has. The parents are the most influential
persons in the family when they give love, attention, guidance,
security, standards and all other things that the child needs, the
children are the mirror of the home for they reflect what the home
look like. Thus, a child who was provided with love, attention,
guidance, security, standards and all other things he needs comes to
regard people as friendly, understanding, dependable, loyal, and
worthy of his respect and admiration. On the other hand, if he
experienced cold, despairing, rejecting, neglectful, and cruel
environment in the home, most likely he will learn to distrust, disobey,
dislike and even to hate people (Tradio, 1983).
Given a home, the child tends to become law abiding if the
following conditions are met:
1. The Child is loved and wanted and knows it.
2. He was helped to grow up by not having too much or too
little done for him.
3. He is part of the family; he has fun with the family he
belongs.
4. His early mistakes and badness are understood as a
normal part of growing and he is corrected without being
hurt, shamed or confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do to his
sisters and brothers.
7. The family sticks together with understanding and
cooperation.
8. He is moderately and consistency disciplined.
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 The family is the primary institution that molds a child to
either a law-abiding person or a delinquent. The effects of
pathological social relations in the home are to a great extent
influence anti- social behaviors. This means that the home can be a
potent force of either good or evil.
(See Discussion of the Pathogenic Family structures)
THE BROADER SOCIAL PROCESS
Bad Neighborhood - refers to areas or places in which
dwelling or housing conditions are dilapidated, unsanitary, and
unhealthy which are detrimental to the moral, health, and safety of
the populace. It is commonly characterized by overcrowding with
disintegrated and unorganized inhabitants and other close relatives.
Most inhabitants in a bad neighborhood are experiencing economic
difficulties, alcoholism, substance abuse, gambling and many other
problems in life. This connotes that bad neighborhood is the habitat
of bad elements of society by reason of anonymity because the
situation is so conducive for the commission of crimes. Bad
elements prefer to dwell in such community not only because of the
sense of anonymity among its members but also because they are
not welcome in decent places.
The School - Part of a broader social process for behavior
influence is the school. It is said that the school is an extension of the
home having the strategic position to control crime and delinquency.
It exercises authority over every child as a constituent. The teachers
are considered second parents having the responsibility to mold the
child to become productive members of the community by devoting
energies to study the child behavior using all available scientific
means and devices in an attempt to provide each the kind and
amount of education they need. The school takes the responsibility of
preventing the feeling of insecurity and rejection of the child, which
can contribute directly to maladjustment and to criminality by setting
up objectives of developing the child into a well-integrated and useful
law-abiding citizen. The school has also the role of working closely
with the parents and neighborhood, and other community agencies
and organizations to direct the child in the most effective and
constructive way.
However, the school could be an influence to delinquency
and criminality when teachers are being disliked for they are too
cross, crabby, grouchy, never smile, naggers, sarcastic,
temperamental, unreasonable, intolerant, ill mannered, too strict, and
unfair. Conditions like these makes the students experience
frustration, inadequacy, insecurity, and confusion, which are most of
the time the “kindergarten of crime”. In short, next to parents the
teachers stand as foremost in their influence to human behavior.
The Church - Religion is a positive force for good in the
community and an influence against crime and delinquency. The
church influences people’s behavior with the emphasis on morals
and life’s highest spiritual values, the worth and dignity of the
individual, and respect for person’s lives and properties, and
generate the full power to oppose crime and delinquency. Just like
the family and the school, the church is also responsible to cooperate
with institutions and the community in dealing with problems of
children, delinquents and criminals as regardless to the treatment
and correction of criminal behaviors.
The Police - is one of the most powerful occupation groups
in the modern society. The prime mover of the criminal justice system
and the number one institution in the community with the broad goals
maintaining peace and order, the protection of life and property, and
the enforcement of the laws. The police is the authority having a
better position to draw up special programs against crime because it
is the very reason why the police exist. That is to protect the society
against lawless elements since they are the best equipped to detect
and identify criminals. The police is the agency most interested about
crime and criminals and having the most clearly defined legal power
authority to take action against them.
Government and Other Components of the CJS - The
government and the other components of the criminal justice system
are the organized authority that enforces the laws of the land and the
most powerful in the control of people. Respect for the government is
influenced by the respect of the people running the government.
When the people see that public officers and employees are the first
ones to violate the laws, people will refuse to obey them, they set the
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first ones to follow and create an atmosphere conductive to crime
and disrespect for the law. In this regard, the government itself
indirectly abets the commission of crimes.
Non-Government Organizations (NGOs) - The group of
concerned individuals responsible for helping the government in the
pursuit of community development being partners of providing the
common good and welfare of the people, these non-government
organizations are good helpers in providing the required services,
thus preventing criminality and maintain order.
The Mass Media - The media is the best institution for
information dissemination thereby giving the public necessary need
to know, and do help shape everyday views about crime and its
control.
CONCEPTS OF JUVENILE DELINQUENCY
Delinquency in General
Delinquency refers to any action; course or conduct that
deviates from acts approved by the majority of people. It is a
description of those acts that do not conform to the accepted rules,
norms and mores of the society (sociological definition) Delinquency,
therefore, is a general term for any misconduct or misbehavior that is
tantamount to felony or offense. It is, however distinct from crime in
the sense that the former may be in the form of violation of law,
ordinance or rule but it is punishable only by a small fine or short-
term imprisonment or both. Legally speaking, delinquency means the
failure to perform an act required by law, or the non-performance of a
duty or obligation that is mandated by existing law or rule.
Juvenile Crime
Juvenile Crime, in law, term denoting various offences
committed by children or youths under the age of 18. Such acts
are sometimes referred to as juvenile delinquency. Children's
offences typically include delinquent acts, which would be
considered crimes if committed by adults, and status offences,
which are less serious misbehavioral problems such as truancy
and parental disobedience. Both are within the jurisdiction of the
juvenile court; more serious offences committed by minors may be
tried in criminal court and be subject to prison sentences. In law, a
crime is an illegal act committed by a person who has criminal
intent. A long-standing presumption held that, although a person of
almost any age can commit a criminal act, children under 14 years
old were unlikely to have criminal intent. Many juvenile courts have
now discarded this so-called infancy defense and have found that
delinquent acts can be committed by children of any age.
Juvenile Delinquency
The term juvenile delinquency is used to describe a large
number of disapproved behaviors of children or youths. In this sense,
almost anything that the youth does which others do not like is called
juvenile delinquency. However, criminologist suggested the following
factors of juvenile delinquency:
1. Juvenile delinquency includes the behavior specifically
defined as delinquent according to the various existing
laws and ordinances concerning children or youth.
2. The definition of juvenile delinquency must take into
account the social reality that reflected through the
media. Books, movies and television help people to
define a particular reality for them. If the media
systematically portrays particular behavior as
delinquent, they often come to be accepted as real.
3. While almost all children engage in behavior that is in
violation of juvenile codes and laws, we believe that
ultimately, juvenile delinquents refers to youths who
have been successfully defined as delinquents.
In a more specific view, acts of juvenile delinquency
include violation of laws such as those defined by juvenile codes and
laws.
38

The Delinquent Person
A delinquent person is one who repeatedly commits an act
that is against the norms or mores observed by the society. When a
person habitually commits an act that is not in accordance with the
rules or policies of a community where he belongs, he is considered
a delinquent.
The Juvenile Delinquent
Juveniles are young people who are regarded as immature
or one whose mental as well as emotional faculties are not fully
developed thus making them incapable of taking full responsibility of
their actions. In legal points, the term juvenile is a person subject to
juvenile court proceedings because of a statutorily defined event or
condition caused by or affecting that person and was alleged to have
occurred while his or her age was below the specified age limit.
Brief History of Juvenile Delinquency
The harsh beginning - Children were viewed as non-
persons until the 1700's. They did not receive special treatment or
recognition. Discipline then is what we now call abuse.
There were some major assumptions about life before the
1700's. The first assumption is that life was hard, and you had to be
hard to survive. The people of that time in history did not have the
conveniences that we take for granted. For example, the medical
practices of that day were primitive in comparison to present-day
medicine. Marriages were more for convenience, rather than for
child-bearing or romance. The second assumption was that infant
and child mortality were high. It did not make sense to the parents in
those days to create an emotional bond with children. There was a
strong chance that the children would not survive until adulthood.
At the end of the 18th century, "The Enlightenment"
appeared as a new cultural transition. This period of history is
sometimes known as the beginning of reason and humanism. People
began to see children as flowers, which needed nurturing in order to
bloom. It was the invention of childhood, love and nurturing instead of
beatings to stay in line. Children had finally begun to emerge as a
distinct group. It started with the upper-class, who were allowed to
attend colleges and universities.
Since ancient times, enlightened legal systems have
distinguished between juvenile delinquents and adult criminals.
Generally, the immature were not considered morally responsible
for their behavior. Under the Code Napoléon in France, for
example, limited responsibility was ascribed to children under the
age of 16. Despite the apparent humanity of some early statutes,
however, the punishment of juvenile offenders was often severe
until the 19th century.
Prior to the 20th century, juvenile offenders were often
treated as adults. The first development contrary to this in the
United Kingdom was the establishment of Borstal training center in
place of normal imprisonment, which was intended to build up the
offender's character. They were unsuccessful, and since the
1960s, policy has been directed away from the detention of young
offenders towards treatment in the community, beginning with
avoiding court altogether. The police are encouraged to caution
juveniles who admit an offence, unless they are persistent
offenders.
When juvenile offenders are dealt with more formally,
they are tried by a dedicated juvenile court, having as little contact
with the mainstream system as possible. There is considerable
emphasis on parental responsibility, and the parents may be
ordered to pay the juvenile's fine, or be liable to pay a sum of
money if the child is in trouble again.
If the courts need to punish juveniles, they can utilize
community sentences. Attendance centers orders, for example,
require juveniles to attend during their leisure hours at centers
where they will be given a program of constructive activities.
Supervision orders put juveniles under the supervision of a social
services department, and may include compulsory activities.
Those aged 15 and over may also be sentenced to probation
orders (supervision), community service orders (compulsory work
under supervision), or a combination of both.
CnD REVIEW CENTER
If juveniles are to be detained, those aged 15 or over may
be held in a young offender institution for between 2 and 12 months.
Younger offenders can only be detained in the most serious of cases,
and there are national units to deal with them. All Offenders aged 10
to 13 can be detained only if convicted of manslaughter or murder.
Perceived Causes of Delinquency
Many theories concerning the causes of juvenile crime
focus either on the individual or on society as the major
contributing influence. Theories focusing on the individual suggest
that children engage in criminal behavior because they were not
sufficiently penalized for previous delinquent acts or that they have
learned criminal behavior through interaction with others. A person
who becomes socially alienated may be more inclined to commit a
criminal act. Theories focusing on the role of society in juvenile
delinquency suggest that children commit crimes in response to
their failure to rise above their socio-economic status, or as a
repudiation of middle-class values.
Most theories of juvenile delinquency have focused on
children from disadvantaged families, ignoring the fact that
children from affluent homes also commit crimes. The latter may
commit crimes because of the lack of adequate parental control,
delays in achieving adult status, or simply because they get
enjoyment from it. All theories, however, are tentative and are
subject to criticism.
The family unit has also experienced changes within the
past two or three decades. More families consist of one-parent
households or two working parents; consequently, children are
likely to have less supervision at home than was common in the
traditional family structure. This lack of parental supervision is
thought to have an influence on juvenile crime rates. Other
identifiable causes of delinquent acts include frustration or failure
in school, the increased availability of drugs and alcohol, and the
growing incidence of child abuse and child neglect. All these
conditions tend to increase the probability of a child committing a
criminal act, although a direct causal relationship has not been
established.
Juvenile Delinquency Prevention
"...I urge you to consider this: As you demand tougher penalties for
those who choose violence, let us also remember how we came to
this sad point." "...We have seen a stunning and simultaneous
breakdown of community, family, and work. This has created a vast
vacuum which has been filled by violence and drugs and gangs. So
I ask you to remember that even as we say no to crime, we must
give people, especially our young people something to say yes to." -
President Clinton, State of the Union Address, January 25, 1994.
The Urgent Need
Public safety is paramount - government has a duty to
protect the public from kids who can kill. But it is becoming ever
more apparent that increasing police, prosecution, and prisons alone
is neither sufficient nor adequately effective in stemming the tide of
youth violence and crime.
A study done in the Philippines on children who sexually
abused other children reached the same conclusion. It found that
80.9% of the respondents experienced some form of abuse, with
43% experiencing physical abuse from their caregivers. Aside from
the respondents themselves, other members of the family like their
mothers experienced abuse that the respondents witnessed. 36% of
the respondents came from families that have a history of either
conflict or abuse or partner or siblings.
Related Factors
There are other factors that are linked to youth offending.
There is the gender factor, particularly in patriarchal societies.
Violence is overwhelmingly a male problem. The roots for this appear
to be primarily social rather than biological, highlighting the
inadequacies of current socialization of male children, and the
promotion of insensitive and overbearing male behavioral models
and attitudes in many societies. It was also reported that the
39
inadequate monitoring and supervision of children by parents and
other adults could be crucial in realizing a potential for violence.
Studies show that poor parental supervision or monitoring, erratic or
harsh parental discipline, parental disharmony, parental rejection of
the child, and low parental involvement in the child’s activities are all-
important predictors of offending.
List of Predictors
The list below is particularly useful in identifying the
components of the strategies of prevention and early intervention.
But the list is not a universal one that applies to all countries. In any
particular country or society, methods of preventing or treating
antisocial behavior should be based on empirically validated theories
about causes.
Individual factors:
 Pregnancy and delivery complications
 Low resting heart rate
 Internalizing disorders
 Hyperactivity, concentration problems, restlessness,
and risk taking
 Aggressiveness
 Beliefs and attitudes favorable to deviant or antisocial
behavior
Family factors
 Parental criminality
 Child maltreatment Poor family management practices
 Low levels of parental involvement
 Poor family bonding and family conflict
 Parental attitudes favorable to substance abuse and
violence
 Parent-child separation
School factors
 Academic failure
 Low bonding to school
 Truancy and dropping out of school
 Frequent school transitions
Peer-related factors
 Delinquent siblings
 Delinquent peers
 Gang membership
Community and neighborhood factors
 Poverty
 Community disorganization
 Availability of drugs and firearms
 Neighborhood adults involved in crime
 Exposure to violence and racial prejudice
Delinquency Prevention Measures
In order to prevent the development of delinquent behavior
in children, the factors that increase the risk of the growth of such
behavior need to be identified. Once these factors are identified,
then strategies to address them, including enhancing the protective
factors for children to resist the effect of the risk factors, can be
planned and implemented.
The body of research on delinquency and crime has
identified a number of factors which are linked with development of
delinquent behavior. These factors can be grouped in the following
broad categories: the family, the community, the school, the
individual and the peer group.
Within each of these categories, specific risk factors can be
identified, such as child abuse and family disintegration, economic
and social deprivation,
low neighborhood attachment, parental attitudes condoning law
violating behavior, academic failure, truancy, school drop-out, lack of
bonding with society, fighting with peers, and early initiation of
problem behaviors. The more these risk factors a child is exposed to,
CnD REVIEW CENTER
the more likely delinquent and violent behavior may develop. Hence,
prevention strategy is designed to reduce identified risk factors while
strengthening protective factors.
Prevention Strategies - These include healthy beliefs and
clear standards for productive, law-abiding behavior, and bonding
with adults who adhere to these beliefs and standards.
Key principles for preventing and reducing at-risk behavior
and delinquency include:
 Strengthen families in their role of providing guidance and
discipline and instilling sound values as their children's first
and primary teachers.
 Support core social institutions, including schools,
churches, and other community-based organizations, to
alleviate risk factors and help children develop to their
maximum potential.
 Promote prevention strategies that reduce the impact of
risk factors and enhance the influence of protective factors
in the lives of youth at greatest risk of delinquency.
 Intervene with youth immediately when delinquent behavior
first occurs.
 Establish a broad spectrum of graduated sanctions that
provides accountability and a continuum of services to
respond appropriately to the needs of each juvenile
offender.
 Identify and control the small segment of serious, violent,
and chronic juvenile offenders.
Of course, the implementation of these key principles
require all sectors of the community to take part in determining local
needs and in planning and implementing programs to meet those
needs.
Intervention Strategies
The intervention component comprises a range of
options that include immediate interventions (for first-time offenders
involved in misdemeanors and nonviolent felonies) and intermediate
sanctions (for offenders who are first time serious or violent
offenders, or repeat offenders who fail to respond to immediate
intervention).
Community policing shows considerable promise as a
means of early intervention. The juvenile court plays an important
role in the provision of treatment and sanctions, with probation being
the court's principal vehicle for the delivery of treatment services and
community supervision. Continuous case management is crucial to
ensuring timely treatment.
A continuum of community-based care should be
provided to meet the multiple service needs of each juvenile
offender. The intervention component calls for extensive use of non-
residential community-based programs, including referral to
prevention programs for most first time offenders. Intermediate
sanctions use both nonresidential and residential placements,
including intensive supervision programs for more serious and violent
offenders.
Law Relative to Juvenile Delinquency In the Philippines
Enforcement of the laws related to juvenile delinquency is
an important aspect of the entire prevention measures or strategies.
In the Philippines, the following discussions are related to laws on
juvenile delinquency.
Presidential Decree No. 603 - is the Child and Youth
Welfare Code of the Philippines which took effect six months after its
approval in December 10, 1974 (June 10, 1975) applies to persons
below eighteen (18) years of age (RA 6809 lowered the age of
minority from 21 to 18 years of age), and such persons are referred
to as child, or minor or youth.
40
 Who is a Youth Offender under PD 603? A youthful
offender is a child, minor or youth, including one who is emancipated
in accordance with law, who is over nine years but less than eighteen
years of age at the time of the commission of the offense. A child
nine years of age or under at the time of the offense shall be exempt
from the criminal liability and shall be committed to the care of his
father or mother, or nearest relative or family friend in the discretion
of the court and subject to its supervision. The same shall be done
for a child over nine years and under fifteen years of age at the time
of the commission of the offense, unless he acted with discernment,
in which case he shall be proceeded against in accordance with
Article 192. The provisions of Article 80 of the Revised Penal Code
are repealed by the provisions of this chapter (as amended by PD
1179, August 15, 1977).
Related Provisions of Act 3815 (Revised Penal Code) -
The provision of Article 189 on the exemption of liability is the same
as Article 12, par.2 and 3 of the Revised Penal Code: “ The following
are exempt from criminal liability: xxx … person under 9 years of age;
person over 9 years of age and under 15 unless he acted with
discernment, in which case he shall be proceeded against in
accordance with Article 80 of this Code (now Article 192 of PD 603)
xxx ….”
Article 13 of the Revised Penal Code also states: “The
following are mitigating circumstances: xxx 2. That the offender is
under 18 years of age, or over 70 years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of
Article 80 (now Article 192, PD 603) xxx.” This means that the minor
offender who is under 18 is entitled to special privileged mitigating
circumstance, hence cannot be off-set by aggravating circumstances.
Under Article 68 of the RPC, a minor who is over nine but under 15 is
entitled to a penalty two degrees lower than that provided by law;
while a minor who is over 15 but under 18 is entitled to a penalty one
degree lower than that provided by law.
Article 190 - It shall be the duty of the law enforcement
agency concerned to take the youthful offender, immediately after
apprehension, to any available government medical or health officer
for physical and mental examination. The examination and treatment
papers shall form part of the record of the case of the youth
offenders.
Article 191 - A youthful offender held for examination or
trial or pending appeal, if unable to furnish ball from the time of his
arrest, shall be committed to the care of the DSWD, or local
rehabilitation center in the locality; if not available, the provincial, city
or municipal jail shall provide quarters for youthful offenders separate
from other detainees. The court may, in its discretion, upon
recommendation of the DSWD release the youthful offender on
recognizance to the custody of his parents or other suitable person
who shall be responsible for his appearance whenever required. (If
detained in jail, youthful offender is expected to be escorted by a
police officer every time the court requires his appearance).
Article 192 - Suspension of Sentence and Commitment of
Youthful Offenders - If after hearing, the court finds that the youthful
offender has committed the act charged against him, the court should
determine the imposable penalty including the civil liability. (However,
instead of pronouncing judgment of conviction, the court, upon
application of the youthful offender and if it finds that the best interest
of the public as well as that of the youthful offender will be served
thereby, shall suspend all further proceedings and shall commit such
minor to the custody or care of the DSWD or any training institution
or responsible person until he shall have reached 21 years of age, or
for a shorter period as the court may deem proper after considering
the reports and recommendations of the institution or person under
whose care he has been committed). Under RA 8369, the judgment
is promulgated and the suspension of the sentence is automatic,
without the need of application by the YO, see Section 5, par. a).
The benefits of this article does not apply to a youthful
offender who was once enjoyed suspension of sentence under its
provisions or to one who is convicted of an offense punishable by
death or life imprisonment or to one who is convicted for an offense
by the Military Tribunals. (As amended by PD 1179 and PD 1210,
October 11, 1978).
CnD REVIEW CENTER
Article 194 - Care and Maintenance of Youthful Offenders -
Parents are primarily liable to support him, if not then the
municipality; province; or the national government.
Article 195- Report on Conduct of Child. DSWD or
government training institution or individual under whose care the
Youthful Offender has been committed – to submit to court every 4
months or oftener as may be required to special cases a written
report on the conduct of the YO as well as the intellectual, physical,
moral, social and emotional progress made upon him.
Article 196- Dismissal of the Case - If it is shown to the
satisfaction of the court that the youthful offender whose sentenced
has been suspended, has behaved properly and has shown his
capability to be a useful member of the community even before
reaching the age of majority, upon the recommendation of the
DSWD, it shall dismiss the case and order his final discharge.
Article 197- Return of Youthful Offender to Court - The
youthful offender shall be returned to the committing court for the
pronouncement of judgment: (1) when he is found to be incorrigible
or has willfully failed to comply with the conditions of his rehabilitation
program, (2) when he has reached the age of 21 while in
commitment (unless his case is dismissed in accordance with Article
196). In the latter case, the convicted youth offender may apply for
probation under the provisions of PD 968. In any case as, the
youthful offender shall be credited in the service of his sentence with
the full time spent in actual commitment and detention effected under
the provisions of this chapter.
Article 198- Effect of Released of Child Based on Good
Conduct - The final release of a child pursuant to the provisions of
this chapter does not obliterate his civil liability for damages. Such
released shall be without prejudice to the right for a writ of execution
for the recovery of civil damages.
Article 199 - Living Quarters for Youthful Offenders –
Youthful Offenders under Article 197 shall be committed to the
proper penal institution to serve the remaining period of his sentence,
provided that, they shall be provided with separate quarters and as
far as practicable, group them according to appropriate age levels or
other criteria as will insure their speedy rehabilitation, provided
further that the Bureau of Prisons shall maintain agricultural and
forestry camps where youthful offenders may serve their sentence in
lieu of confinement in regular penitentiaries.
Article 200- Records of Proceedings - 1) When a Youthful
Offender has been charged and the charges have been ordered
dropped, all the records of the case shall be considered privileged
and may not be disclosed directly or indirectly to any one for any
purpose whatsoever. 2) Where the Youthful Offender has been
charged and the courts acquits him, or dismiss the case against him
or commits him to an institution and subsequently releases him, all
records of his case shall also be considered privileged and may not
be disclosed directly or indirectly to anyone except: a) to determine if
a defendant may have sentence suspended under Article 192; b) or if
he may be granted probation under PD 968; c) or to enforce his civil
liability if the same has been imposed in the criminal action. The
Youthful Offender concerned shall not be held under any probation of
law to be guilty of perjury or of concealment or misrepresentation by
reason of his failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him for any
purpose.
Records within the meaning of this Article shall include
those, which may be in the files of the NBI, police department or any
government agency involved in the case; Medical/treatments records
mentioned in Article 190.
Article 201- Civil Liability of Youthful Offenders - The civil
liability for the acts committed by a youthful offender shall devolve
upon the offenders father or mother or the guardian as the case may
be. A relative or family friend of the youthful offender may also
voluntarily assume civil liability.
Rules and Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youthful Offenders. (Promulgated
on February 20,1995 by the Council for the Welfare of Children).
41
 Pursuant to Article 205 of PD 603, the Council for the
Welfare of Children was created which was tasked to promulgate
Rules and Regulations necessary for the purpose of carrying into
effect the provisions of the Code (Article 209).
Objectives: The Rules and regulations seek to establish
basic guidelines on the apprehension, investigation, prosecution and
rehabilitation of youth offenders consistent with the needs to protect
their rights and to [promote their best interest.
Procedure:
1. Apprehension – Arresting Officer (AO) to
inform the youth of the reason of his apprehension
and him advise of his legal rights in a language
understood by him. The youth is then brought to the
nearest police station where the apprehension and the
name of the arresting officer is recorded in the police
blotter. The police officer shall notify the DSWD and
the parents or guardian of the youth within eight (8)
hours from the time of apprehension. Arresting Officer
shall not employ unnecessary force; vulgar or profane
words shall not be used; handcuffs shall not be used
unless absolutely necessary; female youth shall be
searched only by a female police officer.
2. Investigation / Interview – to be held in
private and in the presence of his legal counsel and
whenever possible his parents, guardian or social
worker wherein he shall be advised of his right to
remain silent and to have a counsel of his own choice.
3. Physical / Mental Examination – before a
government medical or health officer; steps shall be
undertaken to provide treatment when necessary.
(Most often this process is taken for granted or even
forgotten, hence even during confinement, it is the
duty of the jail officers to take steps to provide
necessary medical attention to youths needing the
same).
4. Referral of Case to Social Worker – the
youth shall be released to the custody of a social
worker or a responsible person in the community for
supervision and counseling or other interventions that
may be provided for the best interest of the youth.
5. Referral of Case to Prosecutor – if his
findings warrant the AO shall forward the records of
the case of the youth under custody to the prosecutor
for the conduct of inquest or preliminary investigation
to determine whether the youth should remain in
custody and correspondingly charged in court. The
transmittal letter shall display the word YOUTH in bold
letters. The prosecutor shall encourage that counsel
represents the youth; a counsel shall be assigned if
his parents is unable to give adequate representation.
6. Temporary Commitment – the youth under
investigation or trial, if unable to furnish bail, shall be
committed to the care of The DSWD or rehabilitation
center or detention home separate and distinct from
jails.
7. Filing of Complaint / Information – if the
evidenced submitted in the inquest or preliminary
investigation engenders a well – founded belief that a
crime has been committed and that the youth is
probably guilty thereof, the corresponding criminal
complaint / information shall be filed against the youth
in court.
8. Trial – the trial of a case against a youth
offender shall be conducted in accordance with RA
8368.
9. Suspension of Sentence – if after trial, the
court finds that the youth committed the acts charged
against him, it shall determine the impossible penalty
including the civil liability chargeable against him.
CnD REVIEW CENTER
(However, instead of pronouncing judgment of
conviction, the court upon application of the youth,
shall suspend all further proceedings and commit the
youth to the custody and care of the DSWD or to any
training institution or responsible person until he has
reached the age of 21 or for a shorter period as the
court may deem proper upon recommendation of the
Department etc.). Refer to Section 5, par. A of RA
8369.
Republic Act No. 7610 – Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act. (Approved
June 17, 1992).
As can be gleaned from the title, the objective of the law is
for the protection of the child from becoming a VICTIM of child
abuse, exploitation and discrimination. It does not speak of the child
or minor as offender. However, it does not mean to preclude the
possibility that the minor is not capable of committing the acts
prohibited by the law. It is a given fact that sometimes, minors
conceal their true age in order to be able to avail for themselves
some activities only adults are supposed to do. But what is important
is that, we the adults in our family and / or community should be
vigilant in the protection of our youths against abuse, exploitation and
discrimination, more particularly child prostitution and other sexual
abuse; child trafficking; obscene publication and indecent shows;
acts of abuse such as neglect, cruelty and other conditions
prejudicial to the child’s development, and circumstances which
endanger child survival and normal development.
Republic Act No. 8369 – The Family Courts Act of 1997
(Approved on October 28,1997).
An act establishing Family Courts, granting them Exclusive
Original Jurisdiction over Child and Family Case, Amending BP Blg.
129, as amended, otherwise known as the Judiciary Reorganization
Act of 1980, appropriating funds therefore and for other purposes.
Sec. 5 – Jurisdiction of Family Courts - The Family Court
shall have exclusive original jurisdiction to hear and decide the
following cases:
1. Criminal cases where one or more of the accused is
below 18 but not less than 9 years of age, or where
one or more of the victim is a minor at the time of the
commission of the offense, Provided if the minor is
guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may
have incurred. The sentence however, shall be
suspended without need of application pursuant to PD
603.
2. Petition for guardianship, custody of children and
habeas corpus in relation to the latter;
3. Petition for adoption of children and revocation
thereof;
4. Complaints for annulments of marriage, declaration of
nullity of marriage and thus relating to marital status
and property relations of husband and wife or those
living together under different status and agreements,
and petition for dissolution of conjugal partnership of
gains;
5. Petition for support and or acknowledgement;
6. Summary Judicial Proceedings brought under the
provisions of the Family Code of the Philippines;
7. Petition for declaration of status of children as
abandoned, dependent of children or neglected,
petitions for voluntary or involuntary commitment of
children, the suspension, termination, or restoration of
parental authority and other cases cognizable under
PD 603 and other related laws.
8. Petitions for constitution of the family home;
9. Cases against minor cognizable under Dangerous
Drug Act as amended;
10. Violations of R.A. 7610 as amended by R.A. 7658
11. Cases of domestic violence against: 1) women 2)
children
42
REPUBLIC ACT NO. 9344 - THE “JUVENILE JUSTICE AND
WELFARE ACT OF 2006”
Republic Act Number 9344 - An Act Establishing A Comprehensive
Juvenile Justice and Welfare System, Creating the Juvenile Justice
and Welfare Council
IMPORTANT FEATURES
State Policy - The following State policies shall be observed at
all times:
(a) The State recognizes the vital role of children and youth in
nation building and shall promote and protect their
physical, moral, spiritual, intellectual and social well being.
It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
(b) The State shall protect the best interests of the child
through measures that will ensure the observance of
international standards of child protection, especially those
to which the Philippines is a party. Proceedings before any
authority shall be conducted in the best interest of the child
and in a manner, which allows the child to participate and
to express himself/herself freely. The participation of
children in the program and policy formulation and
implementation related to juvenile justice and welfare shall
be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to
assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty and
exploitation, and other conditions prejudicial to their
development.
(d) Pursuant to Article 40 of the United Nations Convention on
the Rights of the Child, the State recognizes the right of
every child alleged as, accused of, adjudged, or recognized
as, having infringed the penal law to be treated in a manner
consistent with the promotion of the child’s sense of dignity
and worth, taking into account the child’s age and
desirability of promoting his/her reintegration. Whenever
appropriate and desirable, the State shall adopt measures
for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal
safeguards are fully respected. It shall ensure that children
are dealt with in a manner appropriate to their well-being by
providing for, among others, a variety of disposition
measures such as care, guidance and supervision orders,
counseling, probation, foster care, education and
vocational training programs and other alternatives to
institutional care.
(e) The administration of the juvenile justice and welfare
system shall take into consideration the cultural and
religious perspectives of the Filipino people, particularly the
indigenous peoples and the Muslims, consistent with the
protection of the rights of children belonging to these
communities.
(f) The State shall apply the principles of restorative justice in
all its laws, policies and programs applicable to children in
conflict with the law.
Construction - In case of doubt, the interpretation of any of the
provisions of the Rules shall be construed liberally in favor of the
child in conflict with the law, i.e., consistent with the best interest of
the child, the declared state policy, the rights of the child in conflict
with the law, and the principle of restorative justice.
Definition of terms - As used in these Rules, the term/s:
(a) “Bail” refers to the security given for the release of the
person in custody of the law, furnished by him/her or a
bondsman, to guarantee his/her appearance before any
court.
(b) “Best interest of the child” refers to the totality of the
circumstances and conditions most congenial to the
survival, protection and feelings of security of the child and
most encouraging to the child’s physical, psychological and
emotional development. It also means the least detrimental
available alternative for safeguarding the growth and
development of the child.
(c) “Child” refers to a person under the age of eighteen (18)
years.
CnD REVIEW CENTER
(d) “Children at risk” refers to children who are vulnerable to
and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not
limited to, the following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic or any
other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for
the child;
(2) being exploited including sexually or
economically;
(3) being abandoned or neglected, and after diligent
search and inquiry the parent or guardian cannot
be found;
(4) coming from a dysfunctional or broken family or
without a parent or guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of
criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) “Child in conflict with the law” refers to a child who is
alleged as, accused of, or adjudged as, having committed
an offense under Philippine laws.
(f) “Community-based programs” refers to the programs
provided in a community setting developed for purposes of
intervention and diversion, as well as rehabilitation of the
child in conflict with the law, for reintegration into his/her
family and/or community.
(g) “Court” refers to a family court or, in places where there are
no family courts, any regional trial court.
(h) “Deprivation of liberty” refers to any form of detention or
imprisonment, or to the placement of a child in conflict with
the law in a public or private custodial setting, from which
the child in conflict with the law is not permitted to leave at
will by order of any judicial or administrative authority.
(i) “Diversion” refers to an alternative, child-appropriate
process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational
background without resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the child in
conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal
court proceedings.
(k) “Initial contact with the child” refers to the apprehension or
taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time
when the child alleged to be in conflict with the law
receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under
Section 6(a) or Section 9(b) of the same Rule in cases that
do not require preliminary investigation or where there is no
necessity to place the child alleged to be in conflict with the
law under immediate custody.
(l) “Intervention” refers to a series of activities designed to
address issues that caused the child to commit an offense.
It may take the form of an individualized treatment
program, which may include counseling, skills training,
education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
(m) “Juvenile justice and welfare system” refers to a system
dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion,
rehabilitation, reintegration and aftercare to ensure their
normal growth and development.
(n) “Law enforcement officer” refer to the person in authority or
his/her agent as defined in Article 152 of the Revised Penal
Code, including a barangay tanod.
(o) “Offense” refers to any act or omission whether punishable
under special laws or the Revised Penal Code, as
amended. It includes violations of traffic laws, rules and
regulations, and ordinances of local government units.
(p) “Recognizance” refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible
43
 for the appearance in court of the child in conflict with the
law, when required.
(q) “Status Offenses” refers to offenses, which discriminate
only against a child, while an adult does not suffer any
penalty for committing similar acts. These shall include
curfew violations, truancy, parental disobedience and the
like.
(r) “Victimless Crimes” refers to offenses where there is no
private offended party.
(s) “Youth Detention Home” refers to a 24-hour child-caring
institution managed by accredited LGUs and licensed
and/or accredited NGOs providing short-term residential
care for children in conflict with the law who are awaiting
court disposition of their cases or transfer to other agencies
or jurisdiction; also referred in these Rules as “Youth
Home.”
(t) “Youth Rehabilitation Center” refers to a 24-hour residential
care facility that provides children in conflict with the law
with care, treatment and rehabilitation services under the
guidance of trained staff where children in conflict with the
law on suspended sentence, or “residents,” are cared for
under a structured therapeutic environment with the end
view of reintegrating them in their families and communities
as socially functioning individuals; also referred in these
Rules as “Youth Center.”
Rights of the child in conflict with the law
Every child in conflict with the law shall have the following
rights, including but not limited to:
(a) The right to be treated with humanity and respect for the
inherent dignity of the person, and in a manner which takes
into account the needs of a person of his/her age;
(b) The right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment;
(c) The right not to be imposed a sentence of capital
punishment or life imprisonment, without the possibility of
release;
(d) The right not to be unlawfully or arbitrarily deprived of
his/her liberty; that detention or imprisonment being a
disposition of last resort, shall be for the shortest
appropriate period of time;
(e) The right to be separated from adult offenders at all times.
In particular, the child shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate
holding area.
(f) The right to maintain contact with his/her family through
correspondence and visits save in exceptional
circumstances;
(g) The right to prompt access to legal and other appropriate
assistance, as well as the right to challenge the legality of
the deprivation of his/her liberty before a court or other
competent, independent and impartial authority, and to a
prompt decision on such action;
(h) The right to bail and recognizance, in appropriate cases;
(i) The right to testify as a witness in his/her own behalf under
the rule on examination of a child witness;
(j) The right to have his/her privacy respected fully at all
stages of the proceedings;
(k) The right to diversion if he/she is qualified and voluntarily
avails of the same;
(l) The right to be imposed a judgment in proportion to the
gravity of the offense where his/her best interest, the rights
of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative
justice;
(m) The right to have restrictions on his/her personal liberty
limited to the minimum, and where discretion is given by
law to the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the
more appropriate penalty;
(n) In criminal prosecutions, the rights:
(1) Not to be held to answer for a criminal offense
without due process of law;
CnD REVIEW CENTER
(2) To be presumed innocent until the contrary is
proved beyond reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the
nature and cause of the accusation against
him/her, and if appropriate, through his/her
parents or legal guardian;
(5) To be present at every stage of the proceedings,
from arraignment to promulgation of judgment;
(6) To have legal and other appropriate assistance in
the preparation and presentation of his/her
defense;
(7) To testify as a witness in his/her own behalf and
subject to cross-examination only on matters
covered by direct examination, provided that the
Rule on the Examination of a Child Witness shall
be observed whenever convenient and
practicable.
(8) Not to be compelled to be a witness against
him/herself and his/her silence shall not in any
manner prejudice him/her;
(9) To confront and cross-examine the witnesses
against him/her;
(10) To have compulsory process to secure the
attendance of witnesses and production of other
evidence in his/her behalf;
(11) To have a speedy, impartial and public trial, with
legal or other appropriate assistance and
preferably in the presence of his/her parents or
legal guardian, unless such presence is
considered not to be in the best interests of the
juvenile taking into account his/her age and other
peculiar circumstances;
(12) To appeal in all cases allowed and in the manner
prescribed by law; and
(13) To be accorded all the rights under the Rule on
Examination of a Child Witness.
(o) In general, the right to automatic suspension of sentence;
(p) The right to probation as an alternative to imprisonment, if
qualified under the probation law;
(q) The right to be free from liability for perjury, concealment or
misrepresentation; and
(r) Other rights as provided for under existing laws, rules and
regulations.
These rights of children in conflict with the law shall serve
as guiding principles in the administration of the Juvenile Justice and
Welfare System.
Principle of Restorative Justice
Restorative justice refers to a principle that requires a
process of resolving conflicts with the maximum involvement of the
victim, the offender and the community. It seeks to achieve the
following:
(a) Reparation for the victim;
(b) Reconciliation of the offender, the offended and the
community;
(c) Reassurance to the offender that he/she can be
reintegrated into society; and
(d) Enhancement of public safety by activating the offender,
the victim and the community in prevention strategies.
Children of Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs)
Consistent with Section 15 of Republic Act No. 8371 or
“The Indigenous Peoples Rights Act of 1997,” ICCs/IPs shall, in
dealing with children in conflict with the law, have the right to use
their own commonly accepted justice systems, conflict resolution
institutions, peace building processes or mechanisms and other
customary laws and practices within their respective communities
and as may be compatible with the national legal system and with
internationally recognized human rights.
THE JUVENILE JUSTICE AND WELFARE COUNCIL
44
 The Juvenile Justice and Welfare Council (JJWC), created
under Section 8 of the Act, shall ensure the effective implementation
of the Act, including these Rules. In fulfillment of this mandate, the
JJWC shall ensure the effective coordination among the following
agencies, the duties and responsibilities of which are found in Part
XVII of these Rules:
(a) Council for the Welfare of Children;
(b) Department of Education;
(c) Department of the Interior and Local Government;
(d) Public Attorney’s Office;
(e) Bureau of Corrections;
(f) Parole and Probation Administration;
(g) National Bureau of Investigation;
(h) Philippine National Police;
(i) Bureau of Jail Management and Penology;
(j) Commission on Human Rights;
(k) Technical Education and Skills Development Authority;
(l) National Youth Commission; and
(m) Other institutions focused on juvenile justice and
intervention programs, as may be determined by the
JJWC.
Composition
As provided in Section 8 of the Act, the JJWC shall be
composed of representatives of the following departments or
agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Department of Education (DepEd);
(d) Department of the Interior and Local Government (DILG);
(e) Council for the Welfare of Children (CWC);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from non-government
organizations (NGOs), one to be designated by the
Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development.
Administration and organization of the JJWC
The JJWC is attached to the DOJ and placed under its
administrative supervision. As such, the DOJ has the authority to:
(1) Generally oversee the operation of JJWC and
ensure that it is managed effectively, efficiently
and economically;
(2) Manage the secretariat of the JJWC;
(3) Require the JJWC to submit periodic reports,
such as those reflecting the progress of its
programs and projects;
(4) Cause the conduct of management audit,
performance evaluation and inspection of the
JJWC to determine its compliance with policies,
standards and guidelines of the Department;
(5) Take such action as may be necessary for the
performance of official functions, including
rectifications, abuses and other forms of
misadministration by its personnel;
(6) Review and pass upon the budget of the JJWC;
and
(7) Call all regular and special meetings of the
JJWC.
Chairperson of the JJWC
As provided by Section 8 of the Act, the JJWC shall be
chaired by the DSWD through an Undersecretary appointed by the
Secretary of Social Welfare and Development. As the JJWC chair,
the DSWD shall:
(1) Preside over all regular and special meetings of the
JJWC;
(2) Closely monitor the programs of the JJWC;
(3) Represent the JJWC in conferences, meetings and
other programs; and
(4) Sign communications for the JJWC.
CnD REVIEW CENTER
In the absence of the chairperson, the JJWC shall be
chaired by the DOJ.
Organizational structure and staffing pattern
As provided in Section 8 of the Act, the Secretary of Justice
and the Secretary of Social Welfare and Development shall
determine the organizational structure and staffing pattern of the
JJWC, which include the JJWC secretariat. The secretariat shall
among other functions to be determined by the JJWC:
(1) Prepare the periodic reports for the JJWC;
(2) Prepare the budget of the JJWC; and
(3) Invite resource persons in the meetings and programs
of the JJWC. The Secretary of Justice shall appoint the officers and
staff of the JJWC secretariat upon a favorable recommendation of
the JJWC.
Designation of representatives to the JJWC
The concerned department or agency heads shall
designate their representatives to the JJWC, whose ranks shall not
be lower than director, except in the case of the NYC, whose
representative must have the rank of at least commissioner. The
heads of the concerned departments or agencies shall name a
permanent and an alternate representative, respectively with ranks of
at least Undersecretary and Director, who shall regularly attend
meetings and programs of the JJWC.
Duties and functions of the JJWC
The JJWC has the duty to oversee the implementation of
the Act and all Rules issued in relation thereto. Pursuant to this
duty, it shall:
(1) Coordinate the implementation of the juvenile
intervention programs and activities by national
government agencies and other activities which may
have an important bearing on the success of the entire
national juvenile intervention program. All programs
relating to juvenile justice and welfare shall be
adopted in consultation with the JJWC.
(2) Call the attention of the departments and agencies
concerned to perform their respective duties and
responsibilities under the Act and these Rules and
assist them if necessary to ensure the effective
implementation of the Act.
(3) Mobilize resources and call upon government
agencies as well as private organizations to provide
resource assistance to support the implementation of
the Act. The JJWC shall regularly conduct meetings
and submit an annual report to the President on the
implementation of the Act. The annual report shall
include, among others:
a. Identification of the strengths and weaknesses in
the implementation of the Act;
b. Appraisal of the performance of the government
agencies in relation to their duties and
responsibilities under the Act; and
c. Recommendations on how to improve the
implementation of the Act and the administration
of the juvenile justice and welfare system. The
JJWC shall prescribe a common reporting form
for all the agencies under Rule 8 to facilitate the
preparation of the Annual Report. The JJWC
shall also perform such other functions as may
be necessary to implement the provisions of the
Act.
Advisory function of the JJWC
The JJWC shall advise the President on all matters and
policies relating to juvenile justice and welfare. It shall bring to the
attention of the President the gaps in existing policies and
recommend appropriate remedial legislation or other policy measures
that address these gaps.
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Policy formulation and program development
The JJWC shall periodically develop a Comprehensive
National Juvenile Intervention Program, as provided in Rule 17
herein. It shall formulate and recommend policies and strategies in
consultation with children for the prevention of juvenile delinquency
and the administration of justice, as well as for the treatment and
rehabilitation of the children in conflict with the law. The JJWC shall
also set the criteria that LGUs must meet in establishing their
respective community-based programs for the rehabilitation and
reintegration of children in conflict with the law.
Research and evaluation
The JJWC shall collect relevant information and conduct
continuing research support evaluations and studies on all matters
relating to juvenile justice and welfare, such as, but not limited to
the:
(1) Performance and results achieved by juvenile
intervention programs and by activities of the local
government units and other government agencies;
(2) Periodic trends, problems and causes of juvenile
delinquency and crimes; and
(3) Particular needs of children in conflict with the law in
custody. A data banking system for all data needed in
the evaluation and improvement of the administration
of juvenile justice and welfare system shall be
developed and maintained by the JJWC. The JJWC
shall set up a mechanism to ensure that children are
involved in research and policy development. The
JJWC shall also receive and evaluate the
assessments submitted by provincial and city
governments on the implementation of the
comprehensive juvenile intervention program as
provided in Section 18 of the Act and Rule 18 herein.
Inspection
The JJWC, through duly designated persons and with the
assistance of the agencies under Section 8 of the Act (Rule 9) shall
conduct regular inspections in detention and rehabilitation facilities
and to undertake spot inspections on their own initiative in order to
check compliance with the standards provided in the Act and the
Rules and to make the necessary recommendations to appropriate
agencies.
Assistance to agencies
The JJWC shall, pursuant to Section 10 of the Act, assist
the concerned government agencies in:
(1) Reviewing and enhancing existing policies/regulations
or in the formulation of new ones in line with the
provisions of this Act and the Rules; and formulating
their respective policies and procedures consistent
with the standards set in the law and in modifying the
same upon the completion of the national juvenile
intervention program as provided in Rule 14.
(2) The JJWC shall also initiate and coordinate the
conduct of trainings for the personnel of agencies
involved in the administration of the juvenile justice
and welfare system.
(3) The JJWC shall be informed by the DSWD in cases
where licensed and accredited private and non-
government organizations establish Youth Detention
Homes as provided under Section 49 of the Act and
Rule 76 herein.
Coordination with the Court
To ensure the realization of its mandate and the proper
discharge of its duties and functions, the JJWC shall coordinate with
the Office of the Court Administrator and the Philippine Judicial
Academy by inviting resource persons from these offices during
consultation meetings.
Non-government organizations
CnD REVIEW CENTER
Two (2) representatives from non-government
organizations (NGOs) shall serve as members of the JJWC, one
representative to be designated by the Secretary of Justice and the
other to be designated by the Secretary of Social Welfare and
Development.
An NGO, to be designated as a member of the JJWC, must
be involved in child-related advocacy or work of at least two (2) years
prior and up to the time of designation. The additional qualifications
of the NGOs shall be respectively determined by the Secretaries of
Justice and of Social Welfare and Development.
Each NGO representative designated under Rule 13.a
shall have a term of two (2) years. In the event a representative is not
able to complete the prescribed term, the Secretary designating such
representative shall designate another NGO to serve the unexpired
portion of the term.
An NGO representative, even one that is not able to
complete the term of two years, cannot be appointed to the JJWC for
two consecutive terms.
Policies and procedures on Juvenile Justice
The policies and procedures of all government agencies
shall promote a common and conscious understanding of issues
concerning juvenile justice and welfare, be consistent and avoid
duplicating or contradicting policies that result to confusion. As such,
the following shall be observed in the drafting, formulation or
development of such policies and procedures:
(a) Policies and procedures on juvenile justice
and welfare of all government agencies enumerated in
Section 8 of the Act shall not only be consistent with
the standards set in the law but also with the National
Juvenile Intervention Program. Policies and
procedures shall be modified accordingly in
consultation with the JJWC upon the completion of the
National Juvenile Intervention Program as provided
under Rule 17 below and Section 9(d) of the Act.
(b) Each government agency shall see to it that
its policies and procedures are consistent with that of
other government agencies.
(c) If the standards set in the Act require the
involvement of several government agencies
enumerated in Section 8 of the Act, only a single
policy and/or procedure pertaining to those standards
shall be issued. The lead agency shall be identified by
the JJWC.
(d) In the event that policies and procedures of
a government agency not enumerated in Section 8 of
the Act affect the juvenile justice and welfare system,
the concerned government agency shall seek the
assistance of the JJWC.
The participation of children in the program and policy
formulation and implementation relating to juvenile justice and
welfare shall be ensured by each government agency.
LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN
All levels of local government shall have Local Councils for
the Protection of Children (LCPCs) as provided in Section 15 of the
Act. The LCPC in each level of local government unit (LGU) is:
(1) Province – Provincial Council for the Protection of
Children (PCPC);
(2) City – City Council for the Protection of Children
(CCPC);
(3) Municipality – Municipal Council for the Protection of
Children (MCPC); and
(4) Barangay – Barangay Council for the Protection of
Children (BCPC). In LGUs where LCPCs are not yet
established, the concerned LGU shall immediately
establish an LCPC upon the effectivity of the Act and
ensure that it is performing its duties and
responsibilities as provided in these Rules. Where
they have been established, the LCPCs shall be
strengthened by their respective LGUs.
46

Each barangay, municipality and city shall appropriate in its
annual budget one percent (1%) of its annual internal revenue
allotment (IRA) for the strengthening and implementation of the
programs of the LCPC. The LGU concerned shall be responsible for
the disbursement of the fund as provided by existing laws. Funds
disbursed by LGUs on current programs of the LCPC shall be
deemed as appropriate disbursement under Section 15 of the Act.
However, the one percent (1%) IRA allocation under in this Rule is
different from the budget disbursed by the LGUs for social services.
Membership in the LCPC shall be chosen from among
the responsible members of the community, including a
representative from the youth sector, as well as representatives
from government and private agencies concerned with the welfare
of children. Pursuant to DILG Memorandum Circular No. 2002-
121, the LCPC in each level of LGU shall be composed of:
(1) PCPC - Chairperson -Provincial Governor , Members
-Sangguniang Panlalawigan Member , (Chairperson,
Committee on Women and Family) DILG Provincial
Director, Provincial Social Welfare and Development
Officer , Provincial Labor and Employment Officer , Division
Superintendent of DepEd , Provincial Planning &
Development Officer , Provincial Budget Officer , Provincial
Health Officer , Provincial Nutrition Officer , Provincial PNP
Director , Provincial Commander, AFP , Provincial
Treasurer , President, League of Municipalities , Provincial
SK Federation President , Child Representative , At least
three (3) representatives of NGOs
(2) CCPC and MCPC - Chairperson -City / Municipal Mayor,
Members -Sangguniang Panlungsod / Pambayan
Member , (Chairperson, Committee on Women and Family)
, DILG City / Municipal Field Officer , City / Municipal Social
Welfare and Development , Officer , Division
Superintendent / District Supervisor of DepEd , Local Labor
and Employment Officer , City / Municipal Planning &
Development Officer , City / Municipal Budget Officer ,
City / Municipal Health Officer , City / Municipal Nutrition
Officer , City / Municipal PNP Director , City / Municipal
Treasurer , City / Municipal LIGA ng mga Barangay
President , City / Municipal SK Federation President ,
Parent – Teachers Association (PTA) President , Child
Representative , At least three (3) representatives of NGOs
(3) BCPC - Chairperson -Punong Barangay , Members
-Barangay Kagawad (Chairperson on Women and Family) ,
Barangay Nutrition Scholar , Barangay Day Care Worker ,
Barangay Health Nurse / Midwife , Barangay Health
Worker , DepEd Principal / Teacher-in-charge , Chief
Tanod , SK Chairperson , Child Representative , PTA
President or his/her representative , NGO Representative ,
Membership in the LCPC shall be subject to the review and
amendment of the DILG through appropriate issuances.
Duties and responsibilities of the LCPC
All LCPCs shall:
(1) Serve as the primary agency to coordinate with and
assist the LGU concerned for the adoption of the
Comprehensive Juvenile Intervention Program as provided
in Rule 18 below, and to oversee its proper
implementation;
(2) Coordinate with and assist the LGUs in calling on all
sectors concerned, particularly the child-focused
institutions, NGOs, people’s organizations, educational
institutions and government agencies involved in
delinquency prevention to participate in the planning
process and implementation of juvenile intervention
programs;
(3) Coordinate with LGUs in the annual review and
assessment of the comprehensive juvenile intervention
programs;
(4) Coordinate with and assist the SK in the formulation
and implementation of juvenile intervention and diversion
programs in the community;
(5) Provide coordinative linkages with other agencies and
institutions in the planning, monitoring and evaluation of
CnD REVIEW CENTER
juvenile intervention and diversion programs in the
community;
(6) Assist the Punong Barangay in conducting diversion
proceedings in cases provided under Section 23(a) of the
Act and Rule 43.b below;
(7) Assist the Local Social Welfare and Development
Officer (LSWDO) in the development of the appropriate
diversion program
(8) Institute together with schools, youth organizations
and other concerned agencies the community-based
programs on juvenile justice and welfare initiated by LGUs;
(9) Conduct capability building programs to enhance
knowledge and skills in handling children’s programs;
(10) Establish and maintain a database on children in the
local government. Specifically, for the purpose of this Act,
the LCPCs shall maintain a database of children in conflict
with the law, which shall include the children who undergo
intervention, diversion and rehabilitation programs and
after-care support services;
(11) Document best practices on juvenile intervention and
prevention;
(12) Advocate and recommend local legislations promoting
child survival, protection, participation and development,
especially on the quality of television shows and media
prints and coverage, which are detrimental to children, and
with appropriate funding support;
(13) Conduct an inventory of all NGOs serving children in
conflict with the law and mobilize them as resources for the
effective implementation of the Act;
(14) Review existing policies of units providing services to
children in conflict with the law, determine the barriers to
access to these services, and take the necessary action to
improve access to these services. In addition to its
functions under Presidential Decree No. 603, or the “The
Child and Youth Welfare Code” [“P.D. 603”] and Republic
Act No. 8980, or the “ECCD Act,” each BCPC shall perform
the following functions consistent with the objectives of the
Act on juvenile intervention and delinquency prevention:
 Encourage the proper performance of the duties
of parents, and provide learning opportunities on
the adequate rearing of children and on positive
parent-child relationship;
 Assist parents, whenever necessary in securing
expert guidance counseling from the proper
governmental or private welfare agency;
 In addition, it shall hold classes and seminars on
the proper rearing of children. It shall distribute to
parents available literature and other information
on child guidance. The Council shall assist
parents, with behavioral problems whenever
necessary, in securing expert guidance
counseling from the proper governmental or
private welfare agency;
 Coordinate the activities of organizations devoted
to the welfare of children in coordination with the
Sangguniang Kabataan and secure their
cooperation;
 Protect and assist children at risk; and
 Take steps to prevent juvenile delinquency and
assist parents of children with behavioral
problems so that they can get expert advise.
Responsibility of BCPC members
Members of the BCPC shall have the following additional
responsibilities:
(1) To take custody of the child in conflict with the law
who is found to be fifteen (15) years of age or below if
the parents, guardians or nearest relatives of the child
cannot be located, or if they refuse to take custody as
provided in Section 20 of the Act and Rule 31.b below.
(2) To be present in the initial investigation of the child in
conflict with the law in the absence of the child’s
parents, guardian, or nearest relative, and the
LSWDO as provided in Section 22 of the Act and Rule
23.b. The presence of the member of the BCPC, or in
the alternative, the representative of an NGO or a
faith-based group, may be required in the initial
47
 investigation to ensure that the rights of the child are
protected during that stage.
PROGRAMS FOR JUVENILE INTERVENTION AND
DELINQUENCY PREVENTION
Concept/Principles in Intervention
Intervention refers to a series of activities designed to
address issues that caused the child to commit an offense. It may
take the form of an individualized treatment program, which may
include counseling, skills training, education, and other activities
that will enhance his/her psychological, emotional and psycho-
social well-being. All programs for juvenile intervention and
delinquency prevention shall be formulated in consideration of the
following:
(a) Emphasis on intervention or prevention policies
facilitating the successful socialization and integration of all
children with the family, through the community, peer
groups, schools, vocational training and the world of work,
as well as through voluntary organizations;
(b) Due respect should be given to the proper
personal development of children, and they should be
accepted as full and equal partners in socialization and
integration processes.
National Juvenile Intervention Program
The JJWC shall, in accordance with Section 18 of the
Act, develop a three (3) to five (5)-year Comprehensive National
Juvenile Intervention Program (the “National Intervention
Program”) embodying the detailed strategy to realize the
objectives of the Act on juvenile intervention and delinquency
prevention. The National Intervention Program shall serve as a
guide to all government agencies, LGUs and NGOs in the
formulation of their respective juvenile intervention programs and
their policies and programs relating to juvenile justice and welfare.
Particularly, the National Intervention Program shall serve as the
basis for the formulation or modification of policies and procedures
of all government agencies involved in the Juvenile Justice and
Welfare System; and Comprehensive Juvenile Intervention
Programs to be developed and instituted by the LGUs as provided
in Rule 18. The National Intervention Program shall be developed
by the JJWC, within six (6) months from the effectivity of the Act,
with the participation of:
 Government agencies concerned, including but
not limited those enumerated in Rule 8;
 Non-government organizations;
 Child and youth organizations; and
 The Leagues of provinces, cities, municipalities
and barangays.
Components of the program
The National Intervention Program shall be formulated
and designed to include, among others, the following:
(a) In-depth analyses of the problem and
inventories of programs, services, facilities and resources
available;
(b) Well-defined responsibilities for the
government agencies, both member and coordinating,
institutions and personnel as well as non-government
agencies involved in intervention and prevention efforts;
(c) Mechanisms for the appropriate
coordination of intervention and prevention efforts between
governmental and non-governmental agencies;
(d) Policies, programs and strategies based on
prognostic studies to be continuously monitored and
carefully evaluated in the course of implementation;
(e) Methods for effectively reducing the
opportunity for children to commit offenses;
(f) Community involvement through a wide
range of services and programs;
(g) Close interdisciplinary cooperation between
the national government and the local governments, with
the involvement of the private sector representative citizens
CnD REVIEW CENTER
of the community to be served and concerned government
agencies as well as the judiciary in taking concerted action
to prevent commission of offenses by children;
(h) Participation of children in intervention and
prevention policies and processes, including recourse to
community resources, youth self-help, and victim
compensation and assistance programs; and
(i) Specialized personnel at all levels (e.g.,
social workers, prosecutors) and their respective roles in
the juvenile justice and welfare system.
Comprehensive Juvenile Intervention Program
Each LGU shall formulate a Comprehensive Juvenile
Intervention Program (“Local Intervention Program”) to be instituted
from the barangay to the provincial level. Each Local Intervention
Program shall cover a period of at least three (3) years. The LGUs, in
coordination with the LCPCs, shall call on all sectors concerned,
particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies
involved in delinquency prevention to participate in the planning
process and implementation of the Local Intervention Programs.
Existing programs of LGUs dealing with children shall be deemed
part of LCPC program.
Components - Each Local Intervention Program shall be
formulated and designed to include the components prescribed in
Rule 17.b, when appropriate. All Local Intervention Programs shall
be consistent with the National Intervention Program formulated and
designed by the JJWC.
Implementation - The LCPC shall serve as the primary
agency to coordinate with and assist the LGU concerned for the
adoption of Local Intervention Program, and to oversee its proper
implementation. As provided by Section 18 of the Act, the LGUs shall
set aside an amount necessary to implement their respective juvenile
intervention programs in their annual budget.
Assessment - The implementation of the Local Intervention
Programs shall be reviewed and assessed annually by the LGUs in
coordination with their respective LCPCs. Results of the assessment
shall be submitted by the LGUs to the JJWC, through the DILG, not
later than March 30 of every year.
Community-based Programs as Intervention
The objectives of community-based programs as
intervention As provided in Section 19 of the Act, the community-
based programs for juvenile intervention and delinquency
prevention shall respond to the special needs, problems, interests
and concerns of children and offer appropriate counseling and
guidance to them and their families. All community-based
programs to be designed by LGUs shall consist of three levels:
(1) Primary intervention includes general measures to
promote social justice and equal opportunity, which
tackle perceived root causes of offending.
(2) These shall include programs on advocacy, socio-
economic service, health and nutrition, training and
education.
(3) Secondary intervention includes measures to assist
children at risk, i.e., protective services for children;
and
(4) Tertiary intervention includes measures to avoid
unnecessary contact with the formal justice system
and other measures to prevent re-offending, i.e.,
diversion programs, rehabilitation, reintegration and
after care services, which shall be further defined in
Parts VII, VIII and XI of these Rules. These programs
intend to minimize the commission of offenses by
children who are potentially and actually in conflict
with the law and their eventual apprehension by law
enforcement officers.
Programs and services for Juvenile Intervention
(1) Services and programs that respond to the special
needs, problems, interests and concerns of children
and offer appropriate counseling and guidance to
children and their families shall be developed, or
strengthened where they exist.
48
 (2) A wide-range of community-based support measures
for children, including but not limited to community
development centers, recreational facilities and
services that respond to the special problems of
children at risk, shall be provided, or strengthened
where they exist.
(3) Special facilities shall be set up to provide adequate
shelter for children who are no longer able to live at
home or who do not have homes to live in.
(4) A range of services and helping measures shall be
provided to deal with adulthood. Such services shall
include special programs for young drug abusers,
which emphasize care, counseling, assistance and
therapy-oriented interventions. LGUs shall share
resources with and support the programs of private
and non-government organizations providing services
for children.
(5) Youth organizations shall be created or strengthened
at the local level and given full participatory status in
the management of community affairs. These
organizations shall encourage the youth to organize
collective and voluntary projects, particularly projects
aimed at helping children in need of assistance.
(6) The LGUs shall take special responsibility and provide
necessary services for homeless or street children.
Information about local facilities, accommodation,
employment and other forms and sources of help shall
be made readily available to children.
(7) A wide range of recreational facilities and services of
particular interest to children shall be established and
made easily accessible to them.
Role of different sectors in Juvenile Intervention and Prevention
Family - the family shall be responsible for the primary
nurturing and rearing of children, which are critical in delinquency
prevention. As far as practicable and in accordance with the
procedures of the Act, a child in conflict with the law shall be
maintained in his/her family. Educational system by way of
contributing to juvenile intervention and delinquency prevention,
educational institutions shall:
(1) Work together with families, community organizations
and agencies in the prevention of juvenile delinquency
and in the rehabilitation and reintegration of child in
conflict with the law.
(2) Provide adequate, necessary and individualized
educational schemes for children manifesting difficult
behavior and children in conflict with the law.
(3) In cases where children in conflict with the law are
taken into custody or detained in youth rehabilitation
centers, provide the opportunity to continue learning
under an alternative learning system with basic
literacy program or non-formal education accreditation
equivalency system.
In addition to their academic and vocational training
activities, educational institutions shall devote particular attention to
the following:
(1) Teaching of basic values and developing respect for
the child’s own cultural identity and patterns, for the
social values of the country in which the child is living,
for civilizations different from the child’s own and for
human rights and fundamental freedoms;
(2) Promotion and development of the personality, talents
and mental and physical abilities of children to their
fullest potential;
(3) Involvement of children as active and effective
participants in, rather than mere objects of, the
educational process;
(4) Undertaking activities that foster a sense of identity
with and of belonging to the school and the
community;
(5) Encouragement of young persons to understand and
respect diverse views and opinions, as well as cultural
and other differences;
(6) Provision of information and guidance regarding
vocational training, employment opportunities and
career development;
CnD REVIEW CENTER
(7) Provision of positive emotional support to children and
the avoidance of psychological maltreatment;
(8) Prohibition of harsh disciplinary measures, particularly
corporal punishment;
(9) Seek to work together with parents, community
organizations and agencies concerned with the
activities of children;
(10) Extend particular care and attention to children at risk.
Specialized prevention programs and educational
materials, curricula, approaches and tools should be
developed and fully utilized;
(11) Give special attention to comprehensive policies and
strategies for the prevention of alcohol, drug and other
substance abuse by children. Teachers and other
professionals should be equipped and trained to
prevent and deal with these problems. Information on
the use and abuse of drugs, including alcohol, should
be made available to the student body;
(12) Serve as resource and referral centers for the
provision of medical, counseling and other services to
children, particularly those with special needs and
suffering from abuse, neglect, victimization and
exploitation;
(13) Attempt to meet and promote the highest professional
and educational standards with respect to curricula,
teaching and learning methods and approaches, and
the recruitment and training of qualified teachers;
(14) Plan, develop and implement extracurricular activities
of interest to children, in cooperation with community
groups;
(15) Give special assistance to children who find it difficult
to comply with attendance rules, and to “drop-outs;”
(16) Promote policies and rules that are fair and just.
Mass media - the mass media shall play an active role in
the promotion of child rights, and delinquency prevention by relaying
consistent messages through a balanced approach. Media
practitioners shall, therefore, have the duty to maintain the highest
critical and professional standards in reporting and covering cases of
children in conflict with the law consistent with the Guidelines for
Media Practitioners on the Reporting and Coverage of Cases
Involving Children issued by the Special Committee for the Protection
of Children.
In all publicity concerning children, the best interest of
the child should be the primordial and paramount concern. Any
undue, inappropriate and sensationalized publicity of any case
involving a child in conflict with the law is hereby declared a
violation of the child’s rights. The right of the child in conflict with
the law to have his/her privacy shall be respected. Any material
information obtained by media practitioners on the child in conflict
with the law must not be used in violation of this right or in any
manner that may lead to the child’s identity. Media practitioners
shall not disclose the identities of the relatives of the child to
maintain confidentiality and privacy.
The mass media shall also be encouraged:
(1) To ensure that children have access to information
and material from a diversity of national and
international sources;
(2) To portray the positive contribution of children to
society; and
(3) To disseminate information on the existence of
services, facilities and opportunities for children in
society.
INITIAL CONTACT WITH THE CHILD
Initial contact refers to the apprehension or taking into
custody of a child in conflict with the law by a law enforcement officer
or private citizen. It includes the time when the child alleged to be in
conflict with the law receives a subpoena under Section 3(b) of Rule
112 of the Revised Rules of Criminal Procedure or summons under
Section 6(a) or Section 9(b) of the same Rule in cases that do not
require preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law under immediate
custody.
If initial contact by private citizens or non-law enforcement
officers - In the event a child in conflict with the law is apprehended
49
or taken into custody by private citizens, the child shall be
immediately referred to the appropriate law enforcement officer for
the child to undergo the proper investigation as provided in the
succeeding Rules.
Procedure for taking child into custody
From the moment the child is taken into custody, the law
enforcement officer shall faithfully observe the following procedure
as provided in Section 21 of the Act:
(a) Properly identify him/herself and present
proper identification to the child.
(b) Immediately notify the child’s
parents/guardians, the local social welfare and
development officer (LSWDO), and the Public Attorney’s
Office of the child’s apprehension. The notification shall be
made not later than eight (8) hours after apprehension.
(c) Explain to the child in simple language and
in a language or dialect that he/she can understand: The
reason for placing the child under custody; The offense that
he/she allegedly committed; and His/her constitutional
rights.
(d) Immediately start the determination of the
age of the child in accordance with the guidelines provided
in Rule 30 of this Act.
(e) Take the child immediately to the proper
medical and health officer for a thorough physical and
mental examination. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide
the same.
(f) Turn over the custody of the child to the
LSWDO or other accredited nongovernmental
organizations immediately but not later than eight (8) hours
after apprehension. The turn over of custody shall be done
within the same eight (8) hours referred in item (b) under
this Rule. However, in cases where the child is found to be
below the age of criminal responsibility as defined in
Section 20 of the Act, the law enforcement officer shall
immediately release the child to his/parents in accordance
with Rule 31 below. The turnover of children below the age
of criminal responsibility to parents notwithstanding, the law
enforcement officer shall proceed with the initial
investigation, where appropriate. The above procedure
must be conducted in strict observance of the prohibitions
provided in Section 21 of the Act and in Rule 28 below
while the law enforcement officer is in custody of the child.
(g) A child in conflict with the law shall only be
searched by a law enforcement officer of the same gender
as prescribed in Section 21 of the Act.
Initial Investigation: Nature and objective
The initial investigation is the stage after initial contact
when the law enforcement officer takes the statement of the child in
conflict with the law. The law enforcement officer shall, in the conduct
of the initial investigation, determine where the case involving the
child in conflict with the law should be referred.
Who conducts; who are present
As provided in Section 22 of the Act, the law
enforcement officer, specifically from the Women and Children
Protection Desk where present, shall take the statement of the
child during the initial investigation, which shall be conducted in
the presence of the following:
(1) Child’s counsel of choice or in the absence thereof, a
lawyer from the Public Attorney’s Office;
(2) Child’s parents, guardian, or nearest relative, as the
case may be; and
(3) LSWDO. In the absence of the child’s parents,
guardian, or nearest relative, and of the LSWDO, the
investigation shall be conducted in the presence of a
representative of an NGO or faith-based group, or a
member of the BCPC.
In taking the statement of the child, the law enforcement
officer shall observe the following guidelines:
CnD REVIEW CENTER
(1) The investigation shall be child friendly and be
conducted in a non-intimidating manner.
(2) The interview of the child shall be conducted in a
separate interview room to make the child feel comfortable
and free to express him/herself.
(3) The law enforcement officer shall use simple and
understandable language in taking the statement of the
child during the initial investigation.
(4) The law enforcement officer shall allow the LSWDO,
or the persons taking his/her place as above enumerated,
to actively assist in conducting the initial investigation.
(5) There should be enough privacy to avoid unnecessary
interruptions, distractions and/or participation from non-
parties that could humiliate or make the child
uncomfortable.
(6) The written statement to be prepared shall reflect the
language used by the child and not the language used by
the law enforcement officer. The initial investigation shall
be conducted in the best interest of the child and in a
manner, which allows the child to participate and to
express him/herself freely.
Signing statements
The law enforcement officer conducting the initial
investigation shall ensure that all statements signed or thumb marked
by the child during investigation shall be witnessed by the child’s
parents or guardian, the LSWDO, or if not present, any other social
worker, or counsel in attendance, who shall affix his/her signature to
the said statement. After taking the statement of the child who is
above fifteen (15) years of age but below eighteen (18) years of age,
the law enforcement officer shall refer the records of the child to the
LSWDO for an assessment if the child acted with discernment as
provided in Rule 34. The law enforcement officer shall transmit the
following records of the child to the LSWDO:
(1) Written statement of the child;
(2) Other pertinent records such as the documents
showing the basis for the determination of the age of the
child;
(3) Medical report if available; and
(4) All other records that may assist the LSWDO in
making an assessment if the child acted with discernment.
The LSWDO shall, as part of the initial investigation,
assess if the child acted with discernment in accordance with Rule 34
and make the necessary recommendation to the law enforcement
officer on the basis of said assessment. The law enforcement officer
shall consider the assessment made by the LSWDO in preparing the
report of the initial investigation and in deciding where to refer the
case of the child.
Report on initial investigation; what to record
After the initial investigation, the law enforcement officer
conducting the same shall prepare a report, which contains the
following information:
(1) Whether handcuffs or other instruments of restraint
were used, and if so, the reason for such;
(2) That the parents or guardian of a child, the DSWD or
the LSWDO, and the PAO have been duly informed of the
apprehension and the details thereof;
(3) The exhaustion of measures to determine the age of a
child;
(4) The basis for the determination of the age of the child;
(5) The precise details of the physical and medical
examination or the failure to submit a child to such
examination;
(6) To whom the child was released and the basis for the
release; and
(7) Where the case shall be referred as provided in the
next Rule and the basis for such disposition, i.e., the nature
of the offense allegedly committed by the child, the
corresponding imposable penalty for the commission of the
alleged offense, and the assessment of discernment as
provided in Rule 34.
Where the case shall be referred
50
 After the initial investigation, the law enforcement officer
shall determine if the case of the child shall be referred to:
(1) The LSWDO for intervention in accordance with
Section 20 of the Act and Part VII of these Rules if the child
is Fifteen (15) years old or below; or Above 15 but below
18 years of age and acted without discernment.
(2) Diversion, in accordance with Section 23 of the Act
and Part VIII of these Rules, under the: Law enforcement
officer if the child is above 15 but below 18 years of age,
acted with discernment and allegedly committed an offense
with an imposable penalty of not more than six (6) years of
imprisonment; or LSWDO if the child is above 15 but below
18 years of age, acted with discernment and allegedly
committed an offense that is a victimless crime with an
imposable penalty of not more than six (6) years of
imprisonment.
(3) The prosecutor or judge if the child is above fifteen
(15) but below 18 years of age, acted with discernment and
allegedly committed an offense with an imposable penalty
of more than six (6) years of imprisonment. The report on
the initial investigation as required under Rule 23.f. shall
state where the case shall be referred and the basis for
such disposition, which include the following information:
The nature of the offense allegedly committed by the child;
The corresponding imposable penalty for the commission
of the offense; and Where the case of the child shall be
referred in the event of an assessment that the child acted
with discernment as provided in Rule 34.
Turnover of Custody
In all cases, the law enforcement officer shall turn over the
physical custody of the child to the LSWDO within eight (8) hours
from apprehension, as required under Section 21(i) of the Act. The
physical custody of the child shall be transferred to the LSWDO even
if the law enforcement officer has not yet exhausted all measures to
determine the age of the child under Rule 30 and even if the initial
investigation under Rule 23 has not yet been terminated. After the
physical custody of the child is turned over, the LSWDO shall then
explain to the child and the child’s parents/guardians the
consequences of the child’s act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate, as required by Sec. 21(i) of the Act. In the
event a child whose custody is turned over by the law enforcement
officer is fifteen (15) years old or below, the LSWDO shall take all
measures to release the child to the parents or guardians, or to any
of the persons or organizations provided in Rule 31.b, and proceed
with the development of appropriate programs.
Pending turnover of custody
Pending the turn over of the custody of the child to the
parents, guardians or the LSWDO, as in cases when the child is
apprehended at night time or during weekends, the law enforcement
officers shall ensure that the child shall be temporarily secured in an
area separate from that of the opposite sex and adult offenders and
not put in the detention cell or jail. The temporary physical custody of
child in such cases may also be given to a duly registered NGO, i.e.,
licensed and accredited by the DSWD, a faith-based organization, a
barangay official, or a member of the BCPC.
Duty to maintain confidentiality and privacy
From the time he/she takes custody of the child in
conflict with the law, the law enforcement officer shall handle the
case of the child with utmost confidentiality. Particularly, the law
enforcement officer shall:
(a) Use a system of coding that provides
aliases for children taken into custody;
(b) Maintain a separate logbook for children in
conflict with the law;
(c) Exclude the public, particularly the media,
from the area where the child is being held in custody
pursuant to Section 43 of the Act;
(d) Not provide any detail or information to the
public, particularly the media, that shall lead to the identity
of the child;
(e) Keep the results of the medical examination
confidential; and
CnD REVIEW CENTER
(f) Mark the records of the child and the report
on the initial investigation as confidential. The law
enforcement officer shall direct the media to observe the
Guidelines for Media Practitioners on the Reporting and
Coverage of Cases Involving Children issued by the
Special Committee for the Protection of Children.
Prohibited acts when in custody of child
(1) Detention - A child in conflict with the law shall not be
locked up in a detention cell .The child shall not be
detained in the provincial, city or municipal jail, even if
there are quarters separate from adult detainees.
(2) Search by an officer of the opposite sex - A child in
conflict with the law shall not be searched by a law
enforcement officer of the opposite sex.
(3) Contact with adult offenders and offenders of opposite
sex - Should the detention of the child in conflict with the
law be necessary pending turnover to the LSWDO or the
other persons who may take custody of the child under
Section 21(i) of the Act [Rule 31.b], the child shall be
secured in quarters separate from that of the opposite sex
and adult offenders.
(4) Vulgar language - As required under Section 21(d) of
the Act, the law enforcement officer having custody of the
child shall refrain from using vulgar or profane words and
from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law.
(5) Harassment and abuse - The law enforcement officer
shall refrain from sexually harassing or abusing, or making
sexual advances on the child in conflict with the law.
(6) Display and use of instruments of force or restraint -
The law enforcement officer shall refrain from subjecting
the child in conflict with the law to greater restraint than is
necessary for apprehension. If handcuffs or other
instruments of restraint are used on the child, the law
enforcement officer shall record such fact in the report on
the initial investigation as required under Section 21(l) of
the Act and Rule 23.f, and the reason for the use of such
instruments of restraint. As required under Section 21(e) of
the Act, the law enforcement officer from the time of initial
contact with the child shall also avoid displaying or using
any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary and only
after all other methods of control have been exhausted and
have failed.
(7) Violence or unnecessary force - As prescribed by
Section 21(g) of the Act, the law enforcement officer shall
avoid the use of violence or unnecessary force on the child
in conflict with the law.
Prohibitions also applicable to non-law enforcement
officers - Other authorities including but not limited to persons to
whom custody of the child is turned over under and all persons
having contact with the child in conflict with the law shall also strictly
observe the prohibitions under this Rule.
CRIMINAL RESPONSIBILITY
Who are exempt? As provided in Section 6 of the Act,
the following shall be exempt from criminal liability:
(1) A child fifteen (15) years of age or under at the time of
the commission of the offense;
(2) A child above fifteen (15) years but below eighteen
(18) years of age who acted without discernment at the
time of the commission of the offense.
Treatment of children exempt from criminal responsibility
Children exempt from criminal liability as referred in this
Rule shall be subjected to an intervention program pursuant to
Section 20 of the Act and Part VII of these Rules. Non-exemption
from civil liability - the exemption from criminal liability of children
under this Rule does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.
51
 Who determines the age; when and how - As provided in
Rule 22, the law enforcement officer having initial contact with the
child, after taking the child into custody, shall immediately determine
the age of the child. In making such determination, the law
enforcement officer shall, consistent with Section 7 of the Act, take
any or all of the following measures to ascertain the age of the child:
(1) Obtain documents that show proof of the child’s age,
such as:
(a) Child’s birth certificate;
(b) Child’s baptismal certificate; or
(c) Any other pertinent documents such as but
not limited to the child’s school records,
dental records or travel papers. The law
enforcement officer may obtain the above
documents from any of the following:
(a) Parents, guardian or relatives of the child
(for copies of any of the above documents);
(b) Local civil registrar or the National Statistics
Office (for a copy of the birth certificate);
(c) School the child attends (for school records,
dental records, birth certificate or baptismal
certificate, when required by the school);
(d) Local health officer (for medical records);
and
(e) Church (for baptismal records).
(2) When the above documents cannot be obtained or
pending receipt of such documents, the law
enforcement officer shall exhaust other measures to
determine age by:
(a) Interviewing the child and obtaining
information that indicate age (e.g., date of
birthday, grade level in school);
(b) Interviewing persons who may have
knowledge of the age of the child (e.g.,
relatives, neighbors, teachers, classmates);
(c) Evaluating the physical appearance (e.g.,
height, built) of the child; and
(d) Obtaining other relevant evidence of age.
The law enforcement officer may obtain the
assistance of the LSWDO and the BCPC in
gathering documents and other relevant
information in ascertaining the age of the
child.
In case of doubt; presumption of minority - In case of doubt
as to the age of the child, after all measures are exhausted to
determine it, the age shall be resolved in his/her favor. As provided in
Section 7 of the Act, the child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in
conflict with the law until he/she is proven to be eighteen (18) years
old or older.
If age is contested - As provided in Section 7 of the Act,
any person contesting the age of the child in conflict with the law
prior to the filing of the information in any appropriate court may file a
case in a summary proceeding for the determination of age before
the Family Court which shall decide the case within twenty four (24)
hours from receipt of the appropriate pleadings of all interested
parties. If a case has been filed against the child in conflict with the
law and is pending in the appropriate court, the person shall file a
motion to determine the age of the child in the same court where the
case is pending. Pending hearing on the said motion, proceedings on
the main case shall be suspended. In all proceedings, law
enforcement officers, prosecutors, judges and other government
officials concerned shall exert all efforts at determining the age of the
child in conflict with the law.
Below the age of criminal responsibility
If it has been determined that the child taken into
custody is fifteen (15) years old or below, the authority which will
have initial contact with the child has the duty to:
CnD REVIEW CENTER
(1) Immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child’s
nearest relative; and
(2) Notify the LSWDO for the determination of appropriate
intervention and prevention programs for the child.
Custody of child below age of criminal responsibility
If the parents, guardians or nearest relatives cannot be
located, or if they refuse to take custody of the child, the child may
be released by the authority having initial contact with the child to
any of the following:
(1) A duly registered non-governmental organization, i.e.,
duly licensed and accredited by the DSWD;
(2) A faith-based organization;
(3) A barangay official;
(4) A member of the BCPC;
(5) An LSWDO; or
(6) The DSWD when and where appropriate.
If parents, guardians or relatives are unable to take custody
of the child due to mental or physical incapacity or incarceration, the
child shall be referred to alternative placement such as foster homes,
in addition to what has been provided in the Act.
Duty of the local social worker
Immediately after being notified of the apprehension of the
child fifteen (15) years old or below, the LSWDO shall (1) Prepare a
case study report on the child; and (2) Determine the appropriate
intervention and prevention programs in consultation with the child
and the person having custody over the child. The LSWDO shall also
determine if the child is abandoned, neglected or abused by his/her
parents for purposes of filing a petition for involuntary commitment if
necessary. If the safety of the child is in danger in view of the alleged
commission of the offense, the LSWDO shall encourage the parent
or guardian of the child to request for temporary custody of the child
to the DSWD or licensed and accredited NGOs. In the event the
parent or guardian does not agree to the request for temporary
custody of the child, the LSWDO shall carefully review the case of
the child and file a petition for involuntary commitment when
sanctioned by law, in accordance with P.D. 603 and the SC Rule on
Commitment of Children.
Petition for involuntary commitment
A petition for involuntary commitment may be filed by the
LSWDO with the technical assistance of DSWD, or by the DSWD if:
(a) The child in conflict with the law is found by
the LSWDO to be abandoned, neglected or abused by
his/her parents; or
(b) he parents do not comply with the
intervention and prevention programs as determined under
Part VII of these Rules. A child in conflict with the law is
considered:
(1) “Abandoned” when the child
has no proper parental care or guardianship or
when the child’s parents or guardians have
deserted him/her for a period of at least six (6)
continuous months, as provided in Art. 141(2),
Title VIII of P.D. 603;
(2) “Neglected” when his/her basic
needs have been deliberately unattended or
inadequately attended as provided in Art. 141(3)
of P.D. 603; or
(3) “Abused” when upon the
evaluation of the LSWDO, the child is found to be
maltreated, whether habitual or not, as defined in
Section 3(b) of Republic Act No. 7610, or the
“Special Protection of Children Against Abuse,
Exploitation and Discrimination Act” [“R.A.
7610”].
Above the age of criminal responsibility
The child in conflict with the law who is above fifteen (15)
but below eighteen (18) years of age shall be exempt from criminal
52
responsibility, unless he/she acted with discernment. Being exempt,
the child shall be dealt with in the same manner as a child who is
below the age of criminal responsibility as provided in Rule 30 and
Part VII of these Rules. If the child in conflict with the law is above
fifteen (15) years old but below eighteen (18) years of age acted with
discernment, the child shall proceed to diversion under
Discernment
Discernment is the mental capacity to understand the
difference between right and wrong and its consequences.
The LSWDO, after the law enforcement officer refers the
records of a child who is fifteen (15) years old or above but below
eighteen (18) years old as provided in Rule25.f, shall prepare a
report indicating an assessment if the child acted with discernment
for the purpose of determining whether to proceed with
intervention under Sec. 20 of the Act (Part VII of these Rules) or
with diversion under Chapter 2 of the Act (Part VIII of these Rules).
In making an assessment if the child who is above fifteen (15)
years but below eighteen (18) years of age acted with
discernment, the LSWDO shall take into consideration:
(1) All the facts and circumstances of the case;
(2) The educational level and performance of the child in
conflict with the law;
(3) The appearance, attitude, comportment and behavior
of the child in conflict with the law, before, during and after
the commission of the offense. The LSWDO shall consider
only factors that indicate if the child acted with discernment
and not indicators of premeditation or intention to commit
the alleged offense. The LSWDO shall be further guided by
procedures to be prescribed by the DSWD in making an
assessment of the presence or absence of discernment.
The LSWDO shall endeavor continuously be updated with
latest trends in conducting psychosocial analyses of
children and research on factors affecting the behavior of
children in conflict with the law.
After making an assessment, the LSWDO shall prepare a
report showing the basis for the assessment if the child acted with or
without discernment. This report shall be submitted to the law
enforcement officer handling the case of the child. After receipt of the
report by the LSWDO, the law enforcement officer shall conclude the
initial investigation and refer the case of the child in accordance with
Rule 26.
If after consideration of the initial assessment that the
child who is above fifteen (15) but below eighteen (18) years of
age acted without discernment, the law enforcement officer refers
the case of the child to the LSWDO for intervention pursuant to
Rule 26(1), the LSWDO has the duty to:
(1) Immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child’s
nearest relative or to those listed in Rule 31 when
appropriate; and
(2) Determine the appropriate intervention and prevention
programs for the child as provided in Part VII of these
Rules.
The offended party, in the event he/she contests the
assessment of absence of discernment, may file the appropriate
case before the prosecutor.
INTERVENTION FOR CHILDREN EXEMPT FROM CRIMINAL
LIABILITY
The following children exempt from criminal liability shall
be given the appropriate intervention programs:
(a) Those taken into custody who are fifteen
(15) years old or below; and
(b) Those above fifteen (15) but below
eighteen (18) years old and found to have acted without
discernment.
CnD REVIEW CENTER
Factors in determining appropriate intervention programs
In determining the appropriate intervention and
prevention programs for children exempt from criminal liability, the
LSWDO shall take into account the best interest of the child, which
considers, among others, the following:
(a) Circumstances of the child (e.g., age, level of
development, educational background);
(b) Needs of the child if specially disadvantaged, i.e.,
street child, or child with mental or physical difficulties;
(c) Family and social background of the child;
(d) Influence of the family and environment on the growth
of the child;
(e) Ability and willingness of the parents or guardians to
guide and supervise the child;
(f) Nature and circumstances of the offense charged;
(g) Availability of community-based programs for
intervention and prevention; and
(h) Safety and security of the child.
The LSWDO shall further be guided by the principles of
intervention as provided in Rule 15.The LSWDO shall engage the
active participation of the child, in accordance with his/her evolving
capacity, and his/her parents or guardians in the formulation and the
implementation of the intervention programs.
Kinds of intervention programs
The intervention programs for the child exempt from
criminal liability may include any or a combination of the following:
(a) Counseling;
(b) Peer counseling and life skills training and education;
(c) Provision of support services to the family, e.g., parent
effectiveness service, livelihood programs, skills trainings,
etc.;
(d) Referral to other agencies for appropriate services,
e.g., education, health, skills training, etc.; and
(e) Access to child and youth organizations in the
community, such as but not limited to the Sangguniang
Kabataan. The intervention programs determined by the
LSWDO also include programs for the parents and family
of the child. The time frame of the intervention programs
and the outcome desired shall be specified.
The child and the parents, guardian or persons having
custody of the child shall regularly report to the LSWDO who
determined the intervention program for evaluation of the:
(a) Effectiveness of the program; and
(b) Compliance by the child and the parents with the
terms and conditions of the prevention program. The
frequency of reporting shall be determined by the LSWDO
in the intervention program. To determine compliance with
the program, the LSWDO shall also:
(a) Conduct periodic visits at the home of the child or at
the place where the custody of the child is given; and
(b) Conduct case conference with local officials and
authorities of the school where the child attends.
If the child and the parents, guardian or persons having
custody of the child fail to comply with the intervention program,
despite exhausting all efforts to assist them, the LSWDO may file the
proper petition for involuntary commitment of the child pursuant to
P.D. 603.
DIVERSION FOR CHILDREN WHO ACTED WITH DISCERNMENT
Diversion refers to an alternative, child-appropriate process
of determining the responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal
court proceedings. In implementing diversion, the following principles
shall be considered:
(a) Use of positive measures;
(b) Full mobilization of all possible resources, which
include the family, volunteers, schools and other
community institutions;
53
 (c) Effective, fair and humane dealing with the child; and
(d) Promotion of the well-being of the child.
Who shall undergo; venue of diversion
Pursuant to Section 23 of the Act, the child in conflict
with the law shall undergo diversion proceedings if he/she:
(a) Is above fifteen (15) years but below eighteen (18)
years of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable
penalty of not more than six (6) years of imprisonment if
diversion is conducted at the barangay, police or
prosecutor’s level, and not more than twelve (12) years of
imprisonment, if diversion is resorted to by the court.
Where diversion may be conducted
As provided under Section 24 of the Act, if the imposable
penalty for the offense committed is not more than six (6) years of
imprisonment, diversion may be conducted at the:
(a) Katarungang Pambarangay level under the Punong
Barangay as provided in Rule 43;
(b) Police investigation stage under the law enforcement
officer as provided in Rule 44; or
(c) Inquest or preliminary investigation stage under the
prosecutor as provided in Rule 55. If the offense with
the imposable penalty of not more than six (6) years
imprisonment is a victimless crime, the diversion
proceedings shall be conducted by the LSWDO in
coordination with the BCPC. If the imposable penalty
for the offense committed exceeds six (6) years of
imprisonment but not more than twelve (12) years of
imprisonment, diversion may resorted to only by the
court.
At the Katarungang Pambarangay level, diversion prior to
entry to the criminal justice system, a child in conflict with law may
undergo diversion proceedings outside the criminal justice system
when his/her case is referred to the barangay through the Lupon
Tagapamayapa. Diversion at the Katarungang Pambarangay level
shall be conducted by the Lupon Tagapamayapa, chaired by the
Punong Barangay, with the assistance of the members of the BCPC,
as provided in Section 23 (a) of the Act.
Nature of proceedings; participants
The Punong Barangay shall conduct mediation, family
conferencing and conciliation and, where appropriate, adopt
indigenous modes of conflict resolution with a view to accomplishing
the objectives of restorative justice and the formulation of a diversion
program. The child and his/her family shall be present in the conduct
of these diversion proceedings. The offended party may participate in
the diversion proceedings. The absence of the offended party in the
diversion proceedings or his/her disagreement in its conduct shall not
prevent the proceedings from being conducted. The Punong
Barangay shall, however, endeavor to obtain the participation and
the consent of the offended party in the formulation of the diversion
program.
Formulation and supervision of diversion program at the
Barangay level - The diversion program at the Katarungang
Pambarangay level shall be formulated by the Punong Barangay with
the assistance of the BCPC members in accordance with Rule 49.
The supervision of the diversion program at this level shall likewise
be done by the Punong Barangay, with the assistance of the BCPC.
As a form of monitoring, the members of the BCPC and the
community volunteers to be designated by the BCPC may conduct
house visits with the child and his/parents or guardian to track the
child’s compliance with the contract of diversion and the child’s
performance of the diversion program. This may be done in
consultation with the LSWDO.
Duty of Punong Barangay when there is no diversion
Pursuant to Section 27 of the Act, the Punong Barangay
handling the case shall, within three (3) days from determination of
absence of jurisdiction or termination of the diversion proceedings as
provided below, forward the records of the case to the:
CnD REVIEW CENTER
(1) Law enforcement officer or prosecutor –
when the child or the child’s parents/guardian does
not consent to a diversion. Upon the issuance of the
corresponding document, certifying to the fact that no
agreement has been reached by the parties, the case
shall be filed according to the regular process.
(2) Prosecutor or the court – when the case
involves an offense with an imposable penalty of more
than six (6) years imprisonment.
When conducted at the law enforcement level - Diversion
shall be conducted at the law enforcement level when:
(1) After the conduct of diversion proceedings
at the Katarungang Pambarangay level, the child or
the child’s parents/guardian does not consent to a
diversion and the Punong Barangay forwards the case
of the child as provided under Rule 43.d (i);
(2) After the conduct of the initial investigation,
the law enforcement officer determines that the child
is above 15 but below 18 years of age, acted with
discernment and allegedly committed an offense, that
is not a victimless crime, with an imposable penalty of
not more than six (6) years of imprisonment, as
provided under Rule 26(2)(a).
Who conducts and assists
Diversion at the police investigation stage shall be
conducted by the law enforcement officer with the assistance of the
LSWDO, as provided in Section 23(a) of the Act.
Nature of proceedings; participants - The nature of
diversion proceedings to be conducted by the law enforcement
officer and the participants therein shall be the same as that under
Rule 43.c. Rule 44.d. Duty of the law enforcement officer when there
is no diversion Pursuant to Section 23 of the Act, the law
enforcement officer handling the case shall forward the records of the
case to the prosecutor or judge when the case involves an offense
with an imposable penalty of more than six (6) years imprisonment;
or the child or the child’s parents/guardian does not consent to a
diversion. The case records shall be forwarded within three (3) days
from determination of absence of jurisdiction or termination of the
diversion proceedings as above stated. The prosecutor or judge to
whom the records are referred shall conduct the preliminary
investigation and determine whether or not the child should remain
under custody and correspondingly charged in court.
When diversion is conducted at the LSWDO level
Diversion shall be conducted at the level of the LSWDO
when after the conduct of initial investigation, the law enforcement
officer determines that the child is above 15 but below 18 years of
age, acted with discernment and allegedly committed a victimless
crime where the imposable penalty is not more than six (6) years of
imprisonment, as provided under Rule 26(2)(b).
Nature of proceedings - The LSWDO shall meet with the
child and his/her parents or guardians for the development of the
appropriate diversion and rehabilitation program, in coordination with
the BCPC.
At the court level
Where the imposable penalty for the crime committed
exceeds six (6) years imprisonment, diversion measures may be
resorted to only by the court and will proceed in accordance with the
SC Rules on Juveniles in Conflict with the Law.
Diversion proceedings
The authority conducting the diversion proceedings shall:
(1) Explain to the child and his/her family the
objective of the diversion proceedings, the value of
diversion and the consequence of not undergoing
diversion.
(2) Ask the child of the circumstances of the
offense, the motives or purpose of the offense and the
factors that led the child to commit the offense.
54
 (3) Ask the child of his/her personal
circumstance including his/her parents and family, his/her
peers and educational status.
(4) Make the child in conflict with the law
understand the consequences of his/her actions and the
corresponding responsibilities.
(5) Ensure that the child understands and
realizes his/he accountability, be remorseful of his/her
actions and takes on the responsibility in repairing the
harm done in lieu of filing a formal case in the court. The
authority conducting the diversion proceedings shall also
determine if diversion is appropriate and desirable based
on the factors provided in the next Rule. Upon a finding
that diversion is not applicable or desirable, the authority
handling the diversion proceedings shall issue the
corresponding document certifying to such fact and shall
file the case according to the regular process.
Factors in determining if diversion is appropriate
In determining whether diversion is appropriate and
desirable, the following factors shall be taken into consideration by
the authority conducting the diversion proceedings:
(1) Nature and circumstances of the offense charged;
(2) Frequency and the severity of the act;
(3) Circumstances of the child (e.g. age, maturity, intelligence,
etc.);
(4) Influence of the family and environment on the growth of
the child;
(5) Reparation of injury to the victim;
(6) Weight of the evidence against the child;
(7) Safety of the community; and
(8) Best interest of the child. The determination of
appropriateness and desirability of diversion shall consider
the recommendation of the LSWDO, when applicable.
Conduct of diversion proceedings
The authority conducting the diversion proceedings shall
ensure that the proceedings are child-friendly and sensitive to the
needs, welfare and the protection of the rights of the child in conflict
with the law. The authority shall use language that is simple and
understandable to the child in conflict with the law. Diversion
proceedings shall be conducted in a place where the identities of the
child and the parties concerned are kept confidential. There should
be enough privacy to avoid unnecessary interruptions, distractions
and/or participation from non-parties that could humiliate or make the
child uncomfortable. The DSWD, in consultation with the LGUs
particularly LCPCs, shall formulate rules and guidelines that should
be followed during the diversion proceedings to protect the child from
coercion, intimidation, harm, abuse, or other actions detrimental to
the child. Such guidelines shall ensure that the child understands the
diversion proceedings in which he/she is involved.
Custody pending diversion proceedings
Pending the conduct of the diversion proceedings, the
custody of the child shall be given to the parents, guardians, relatives
or any other responsible person in the community, taking into
consideration the best interest of the child in conflict with the law.
Whose consent required; if not obtained
The consent of the child and of the parents or guardian of
the child shall be obtained in arriving at a contract of diversion. When
the consent of either is not obtained, the diversion proceedings shall
be terminated and the case of the child referred in accordance with
Rule 51.
Length of proceedings; when terminated
The diversion proceedings shall be completed within forty-five (45)
days. Diversion proceedings are deemed terminated when:
(1) A contract of diversion has been entered;
CnD REVIEW CENTER
(2) The forty-five day period expires without any
agreement reached;
(3) The child or his/her parents or guardian do not
consent to a diversion;
(4) The authority conducting the diversion finds that
diversion is not applicable based on the factors
enumerated in the immediately preceding Rule.
Contract of diversion
A contract of diversion may be entered during the diversion
proceedings when the child voluntarily admits the commission of the
act as provided in Section 26 of the Act. The voluntary admission of
the child during the diversion proceedings shall be only deemed as
consent to undergo the diversion program and shall not be
considered a plea of guilt.
Admission not to be taken against the child
Any admission of the child shall not be used against the
child in any subsequent judicial, quasi-judicial or administrative
proceedings. Neither shall the admission be used against the child
through denial of privileges and opportunities, discrimination in
treatment, or imposition of any form of liability or punishment by
reason of such admission.
Acceptance of contract; form and content The contract of
diversion containing the diversion program shall be effective and
binding if accepted by the child and the parents or guardian of the
child. The contract shall be in writing and signed by the:
(1) Child;
(2) Parents or guardian of the child;
(3) Authority that conducted the diversion proceedings
(the Punong Barangay, the law enforcement officer or the
prosecutor);
(4) Member of the BCPC assisting the Punong Barangay,
in cases of diversion proceedings at the Katarungang
Pambarangay level; and
(5) LSWDO in cases of diversion proceedings by the law
enforcement officer or by the prosecutor.
(1) The contract of diversion shall contain the
individualized diversion program and shall stipulate the
rights, responsibilities or accountabilities of the child, the
parents or guardian and the offended party, when
applicable. The contract of diversion considers as the
responsibility or accountability of the child to restore the
harm done in view of the offense committed. As such, the
authority conducting the diversion proceedings shall
endeavor to obtain the agreement of the offended party in
the formulation of the individualized diversion program
contained in the contract of diversion by:
 Explaining to the offended party the benefits of
forgiveness and diversion, and the need to
reform the child within the auspices of the
community instead of detention homes or
rehabilitation centers once the child expresses
remorse and a willingness to ask for forgiveness
from the offended party;
 Assuring the offended party that the LSWDO,
together with the local government and the
community, will take care of the responsibility of
reforming and monitoring the child through
various diversion programs. However, the
acceptance of the offended party is not required
for a contract of diversion to be valid.
Factors Considered in Formulating of the diversion program
The diversion program shall be formulated during the
diversion proceedings. In the formulation of the diversion program,
the individual characteristics and the peculiar circumstances of the
child in conflict with the law, including but not limited to the cultural,
social, economic and religious circumstances of the child, shall be
used to formulate an individualized treatment. Consistent with
Section 30 of the Act, the following factors shall be considered in
formulating a diversion program for the child:
55
 (1) The child’s feelings of remorse for the offense he/she
committed;
(2) The parents’ or legal guardians’ ability to guide and
supervise the child;
(3) The victim’s view about the propriety of the measures
to be imposed;
(4) The availability of community-based programs for
rehabilitation and reintegration of the child; and
(5) Record of prior offenses, if any.
(2) The diversion program shall include adequate socio-
cultural and psychological responses and services for the
child.
Kinds of diversion program
As provided in Section 31 of the Act, at the different stages
where diversion may be resorted to, the diversion programs may be
agreed upon, such as, but not limited to:
At the level of the Punong Barangay:
(a) Restitution of property;
(c) Reparation of the damage caused;
(d) Indemnification for consequential damages;
(e) Written or oral apology;
(f) Care, guidance and supervision orders;
(g) Counseling for the child in conflict with the law
and the child’s family;
(h) Attendance in trainings, seminars and lectures
on: anger management skills; problem solving
and/or conflict resolution skills; values formation;
and other skills which will aid the child in dealing
with situations which can lead to repetition of the
offense;
(i) Participation in available community-based
programs, including community service; or
(j) Participation in education, vocation and life skills
programs.
At the level of the law enforcement officer and the
prosecutor:
(a) Diversion programs specified
(b) Confiscation and forfeiture of the proceeds or
instruments of the crime;
At the level of the appropriate court:
(a) Diversion programs specified
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or
(e) Institutional care and custody.
PROSECUTION
When to proceed to preliminary investigation
A child in conflict with the law shall proceed to
appropriate preliminary investigation in the following cases:
(a) The offense committed by the child in
conflict with the law has an imposable penalty of more than
six (6) years;
(b) Offended party opts to file an action with
failure to comply with the terms of diversion;
(c) No consent or agreement to a diversion; and
(d) When considering the assessment and
recommendation of the LSWDO, the prosecutor
determines that diversion is not appropriate for the child in
conflict with the law.
In cases where no consent or agreement to a diversion
was reached at the level of the law enforcement officer or LSWDO
conducting the diversion proceedings, the prosecutor shall still
endeavor to arrive at an agreement to a diversion program.
If there is an allegation of torture or ill-treatment of a child
in conflict with the law during arrest or detention, it shall be the duty
of the prosecutor to investigate the same and initiate the
corresponding legal action when necessary.
CnD REVIEW CENTER
As provided in Section 33 of the Act, upon serving the
subpoena and the affidavit of complaint, the prosecutor shall notify
the Public Attorney’s Office of such service, as well as the personal
information, and place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor,
the information against the child shall be filed before the Family Court
within forty-five (45) days from the start of the preliminary
investigation.
If the child in conflict with the law is deprived of liberty at
the time the prosecutor assumes jurisdiction of the case, the PAO
has the duty to manifest to the court such fact with the objective of
obtaining an immediate order of release from the Court.
COURT PROCEEDINGS
Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is charged is
imprisonment of not more than twelve (12) years, regardless of the
fine or fine alone regardless of the amount, and before arraignment
of the child in conflict with the law, the court shall, pursuant to the SC
Rules on Juveniles in Conflict with the Law, determine whether or not
diversion is appropriate.
Children detained pending trial may be released on bail or
recognizance as provided for under Sections 34 and 35 of the Act. In
all other cases and whenever possible, detention pending trial may
be replaced by alternative measures, such as close supervision,
intensive care or placement with a family or in an educational setting
or home.
Institutionalization or detention of the child pending trial
shall be used only as a measure of last resort and for the shortest
possible period of time.
Bail refers to the security given for the release of the
person in custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. Bail may be given in
the form of corporate security, property bond, cash deposit, or
recognizance. For purposes of recommending the amount of bail, the
privileged mitigating circumstance of minority shall be considered.
Recognizance refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for the
appearance in court of the child in conflict with the law, when
required. Where a child is detained, the court shall order the:
(a) release of the minor on recognizance to his
parents and other suitable persons;
(b) release of the child in conflict with the law on
bail; or
(c) transfer of the minor to a youth detention
home/youth rehabilitation center.
No jail detention
The court shall not order the detention of a child in a jail
pending trial or hearing of his/her case. Whenever detention is
necessary, a child will always be detained in youth detention homes
established by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with
the law may be committed to the care of the DSWD or a local
rehabilitation center recognized by the government in the province,
city or municipality within the jurisdiction of the court. The center or
agency concerned shall be responsible for the child’s appearance in
court whenever required.
Automatic suspension of sentence
Once the child who is under eighteen (18) years of age at
the time of the commission of the offense is found guilty of the
offense charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the
court shall place the child in conflict with the law under suspended
sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is
already eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.
56

Disposition measures
Upon suspension of sentence and after considering the
various circumstances of the child, the court shall impose the
appropriate disposition measures as provided in the Supreme Court
Rule on Juveniles in Conflict with the Law.
Discharge of the Child in Conflict with the Law
Upon the recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the child
whose sentence has been suspended and against whom disposition
measures have been issued, and shall order the final discharge of
the child if it finds that the objective of the disposition measures have
been fulfilled. The discharge of the child in conflict with the law shall
not affect the civil liability resulting from the commission of the
offense, which shall be enforced in accordance with law.
Return of the Child in Conflict with the Law to Court
If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the law have not
been fulfilled, or if the child in conflict with the law has willfully failed
to comply with the conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be brought before the
court for execution of judgment. If said child in conflict with the law
has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in
accordance with this Act, to order execution of sentence, or to extend
the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years.
Credit in Service of Sentence
The child in conflict with the law shall be credited in the
services of his/her sentence with the full time spent in actual
commitment and detention under this Act.
Probation as an Alternative to Imprisonment
The court may, after it shall have convicted and sentenced
a child in conflict with the law, and upon application at any time,
place the child on probation in lieu of service of his/her sentence
taking into account the best interest of the child. For this purpose,
Sec. 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976”, is hereby amended accordingly.
REHABILITATION AND REINTEGRATION
Rehabilitation is the process of rectifying or modifying a
child’s negative attitude and behavior. It enables the child to change
his/her negative behavior into something positive and acceptable to
the community. Reintegration is the process, which promotes or
facilitates the acceptance of the child back to the community. It is the
healing of the victim’s and the community’s wounds that was inflicted
on them by the offense. Rehabilitation is integral to the process of
reintegration.
As provided in Section 44 of the Act, the objective of
rehabilitation and reintegration of children in conflict with the law is to
provide them with interventions, approaches and strategies that will
enable them to improve their social functioning with the end goal of
reintegration to their families and as productive members of their
communities. Specifically, the objectives of the rehabilitation and
reintegration of children in conflict with the law are the:
(a) Provision of protection that substitutes parental care to the
children in conflict with the law;
(b) Assistance to the children in gaining insight into their
behavior and attitudes and redirection of counter
productive behavior patterns and anti-social attitudes into
more positive and constructive ones;
(3) c) Enhancement of the children’s coping capabilities and
trust on others;
(c) Provision of opportunities for the children to acquire social
and occupational skills and improved self-image;
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(4) (e) Facilitation of the disposition of the case in court and
the child’s reintegration with family and community;
and
(e) Assistance to CICLs through educational intervention in the
alternative learning system.
Rehabilitation of children in conflict with the law
Children in conflict with the law, whose sentences are
suspended may upon order of the court, undergo any or a
combination of disposition measures, which are already in place,
best suited to the rehabilitation and welfare of the child as provided in
the Supreme Court Rule on Juveniles in Conflict with the Law.
Community-based programs for rehabilitation
Nature and objectives of community-based rehabilitation In
addition to the objectives of rehabilitation and reintegration in Rule
71, community-based programs for rehabilitation shall:
(1) Prevent disruption in the education or means of livelihood
of the child in conflict with the law in case he/she is
studying, working or attending vocational learning
institutions;
(2) Prevent separation of the child in conflict with the law from
his/her parents/guardians to maintain the support system
fostered by their relationship and to create greater
awareness of their mutual and reciprocal responsibilities;
(3) Facilitate the rehabilitation and mainstreaming of the child
in conflict with the law and encourage community support
and involvement; and
(4) Minimize the stigma that attaches to the child in conflict
with the law by preventing jail detention.
The criteria in the development of programs for
community-based rehabilitation Every LGU shall establish
community-based programs that will focus on the rehabilitation and
reintegration of the child. All programs shall meet the criteria to be
established by JJWC, which shall take into account the following:
(1) The purpose of the program, which is to promote the rights
and welfare of the child in conflict with the law;
(2) The need for the consent of the child and his/her parents or
legal guardians to ensure the effectiveness of the program
and the involvement of the family; and
(3) The maximum participation of the DSWD accredited child-
centered agencies in the community where the child in
conflict with the law is in, whether public or private. The
community-based programs that will specifically focus on
the reintegration of children in conflict with the law may
include but should not be limited to the existing/retained
package of community-based programs being implemented
by the LGU.
The implementation of community-based rehabilitation
programs under the supervision and guidance of the LSWDO, and
in coordination with his/her parents or guardian, the child in conflict
with the law shall participate in community-based programs, which
shall include, but are not limited to:
(a) Competency and life skills
development;
(b) Socio-cultural and recreational
activities;
(c) Community volunteer projects;
(d) Leadership training;
(e) Social services;
(f) Homelife services;
(g) Health services;
(h) Spiritual enrichment;
(i) Community and family welfare
services; and
(j) Continuing education programs.
Based on the progress of the youth in the community, a
final report will be forwarded by the local social welfare and
development officer to the court for final disposition of the
case.
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 The family of the child in conflict with the law shall
endeavor to actively participate in the community-based
rehabilitation. If the community-based rehabilitation is availed by a
child in conflict with the law, he/she shall be released to parents,
guardians, relatives or any other responsible person in the
community.
Institutional rehabilitation
The objective of rehabilitation of children in conflict with the
law in institutions is to provide care, protection, education and
vocational skills, with a view to assisting them to assume socially
constructive and productive roles in society. Children in conflict with
the law who are placed in institutions shall receive care, protection
and all necessary assistance – social, educational, vocational,
psychological, medical and physical – that they may require because
of their age, sex, and personality and in the interest of their
wholesome development.
Where a child may be admitted for rehabilitation
In the event the court finds that community-based
rehabilitation is inappropriate and deprivation of liberty through
institutional rehabilitation is required, the child in conflict with the law
may be committed to one of the following:
(1) Youth Detention Home;
(2) Youth Rehabilitation Center;
(3) Agricultural camps; and
(4) Other training facilities
As provided in Section 45 of the Act, no child shall be
admitted in any rehabilitation or training facility without a valid order
issued by the court after a hearing for the purpose.
The details of the court order referred in Rule 74.c shall be
immediately entered in a register exclusively for children in conflict
with the law. As required by Section 45 of the Act, no child shall be
admitted in any facility where there is no such register.
The LSWDO shall prepare a Social Case Study Report on
the child in conflict with the law and forward this Report to the
rehabilitation facility that shall admit the child. This
Report shall include the psychological evaluation, medical records,
birth certificate, school records and other documents necessary for
planning the rehabilitation of the child.
Treatment of children in institutional rehabilitation
As provided in Section 46 of the Act, the rehabilitation,
training or confinement area of children in conflict with the law shall
provide a home environment where children in conflict with the law
can be provided with quality counseling and treatment. In the interest
and well-being of the child in conflict with the law admitted in any
facility, his/her parents or guardians shall have a right of access.
In all rehabilitation or training facilities, it shall be
mandatory that children shall be separated from adults, unless they
are immediate members of the same family, as provided in Section
46 of the Act. Under no other circumstance shall a child in conflict
with the law be placed in the same confinement as adults.
Female children in conflict with the law placed in an
institution shall be given special attention as to their personal needs
and problems. In consideration of their gender needs, female
children in conflict with the law shall be handled only by female
doctors, correction officers and social workers. They shall be
accommodated separately from male children in conflict with the law.
They shall by no means receive less care, protection, assistance,
treatment and training than the male children in conflict with the law.
The fair treatment of female children in conflict with the law shall be
ensured. In areas where there are few female children in conflict with
the law, temporary homes or shelters shall be set up, subsidized and
managed by the DSWD, LGUs or NGOs.
Gender-sensitivity training
No personnel of rehabilitation and training facilities shall
handle children in conflict with the law without having undergone
gender sensitivity training. The LGU in coordination the DSWD shall
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provide gender sensitivity training and other appropriate trainings
relative to treatment and rehabilitation of children in conflict with the
law.
Youth Detention Homes
A Youth Detention Home (or “Youth Home”) is a 24-hour
child-caring institution managed by accredited LGUsand licensed
and/or accredited NGOs providing short-term residential care for
children in conflict with the law who are awaiting court disposition
of their cases or transfer to other agencies or jurisdiction.
Youth Homes shall have different programs that meet the
various needs of children in conflict with the law. Children whose
liberty is restricted pending trial shall undergo programs different
from those programs given children whose sentences are
suspended.
Only children in conflict with the law who are detained
pending trial or are detained with adults at the time of the effectivity
of the Act may be placed in the custody of Youth Homes.
Institutionalization in Youth Homes shall only be done through a court
order after a determination that the continued deprivation of liberty is
necessary and that there are no appropriate alternatives for
detention.
All LGUs shall exert efforts for the establishment of Youth
Homes for children in conflict with the law within five (5) years from
the effectivity of the Act. LGUs shall set aside an amount to build
Youth Homes. Youth Homes may also be established by private and
non-government organizations licensed and accredited by the
DSWD, in consultation with the JJWC. All Youth Homes to be
established shall be separate and located in a compound far from
jails and other detention centers for adults. The DILG shall monitor
the establishment and maintenance of Youth Homes in the LGUs.
Operation and Standards
The DSWD through its Standards Bureau shall, in
consultation with concerned agencies, develop, review and enhance
the standards for Youth Homes to ensure efficiency, effectiveness
and accountability in the delivery of quality programs and services for
children in conflict with the law who are detained pending trial. All
Youth Homes shall operate in a secure manner that ensures the
safety and protection of children in conflict with the law, staff and the
community where it is located. It shall engage them in a helping
relationship with a team of various disciplines in a home-like
environment. It shall likewise comply with the standards set forth by
the DSWD Standards Bureau.
Registration, Licensing and Accreditation of Youth Homes
No Youth Home shall operate without a valid registration,
license and accreditation certificate from DSWD, except for Youth
Homes managed by LGUs, which shall be exempt from registration
and licensing. The DSWD shall undertake the accreditation and
licensing of the operation of Youth Homes. Failure to comply with the
registration, licensing and accreditation requirements shall be dealt
with in accordance with Section 62 of the Act and Part XIV of these
Rules. Other DSWD rules and regulations for registration, licensing
and accreditation shall also be applied unless otherwise specified in
these Rules.
LGU, private and NGO-managed Youth Homes established
and operating without registration and/or license certificates prior to
the effectivity of the Act shall apply for such within three (3) months
upon effectivity of the IRR. Those that will be established after the
application for registration shall be done prior its operation, for a
license to operate within two years from date of registration.
Application for accreditation shall be done within one (1) year from
issuance of license. LGU-managed Youth Homes established prior to
the effectivity of the Act shall apply for accreditation within three (3)
months from date of effectivity of this IRR and those that will be
established thereafter shall apply within one (1) year after its
establishment. Applications for registration and license shall be filed
with the DSWD Field Office where the Youth Home is located, except
those managed by private and nongovernment organizations
operating in more than one region, in which case, applications shall
be filed with the DSWD Standards Bureau, Central Office. All
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applications for accreditation shall likewise be filed with the DSWD
Standards Bureau.
Youth Rehabilitation Center
A Youth Rehabilitation Center (or “Youth Center”) refers to
a 24-hour residential care facility that provides children in conflict with
the law with care, treatment and rehabilitation services under the
guidance of a trained staff where children in conflict with the law on
suspended sentence, or “residents,” are cared for under a structured
therapeutic environment with the end view of reintegrating them in
their families and communities as socially functioning individuals. A
Youth Center is managed by the DSWD, LGUs, or licensed and/or
accredited NGOs monitored by the DSWD, and the preceding rules
on registration, licensing and accreditation shall apply.
Physical mobility of residents of Youth Centers may be
restricted pending court disposition of the charges against them. A
quarterly report shall be submitted by the Youth Center to the
proper court on the progress of the children in conflict with the law.
Based on the progress of the children in the center, a final report
will be forwarded to the court for final disposition of the case.
The DSWD shall establish Youth Centers in each region of
the country. The local government and other private and non-
government entities and organizations shall collaborate and
contribute their support for the establishment and maintenance of
these facilities. In regions where Youth Centers are not yet
established the DSWD shall immediately establish a Youth Center
within one (1) year from the effectivity of the Act.
Registration, Licensing and Accreditation of LGU and NGO-Managed
Centers
In case of Youth Centers managed by LGUs and NGOs,
the Rules on registration, licensing and accreditation of Youth
Detention Homes (Rules 76.e, 76.f and 76.g) shall apply.
The expenses for the care and maintenance of a child in
conflict with the law under institutional care, either in Youth Homes or
Youth Centers, shall be borne by his/her parents or those persons
liable to support him/her. In case the parents of the child in conflict
with the law or those persons liable to support him/her cannot pay all
or part of said expenses, the government shall shoulder said
expenses in accordance with Rule 100.a. below.
The costs and maintenance of a child under institutional
care shall be in accordance with the guidelines set forth by the
DSWD in consultation with LGUs, private and licensed and/or
accredited NGOs. These guidelines shall be updated at least every
five (5) years in consideration of the prevailing price of commodities
and cost of living in the locality where the facility operates.
Youth Centers, shall notify the parents and the concerned
LGUs where the offense was committed or where the child resides,
as the case may be, within two (2) weeks after admission, indicating
the corresponding amount needed for the care and maintenance of
the child for the duration of his/her stay in the Home or Center.
Specific instruction on the payment modes shall also be given to
facilitate this. If no payment is made to the receiving institutions after
three (3) notices, Rules 100.a and 100.b shall apply.
A child in conflict with the law may, after conviction and
upon order of the court, be made to serve his/her sentence, in lieu of
confinement in a regular penal institution, in an agricultural camp and
other training facilities that may be established, maintained,
supervised and controlled by the Bureau of Corrections, in
coordination with the DSWD.
After-care support services
After care support services are services given to children in
conflict with the law whose cases have been dismissed by the proper
court because of good behavior per recommendation of the DSWD
social worker, the LGU, and/or any accredited NGO youth
rehabilitation center. After-care support services for children in
conflict with the law shall be given for a period of at least six (6)
months. After care support services include counseling and other
community-based services designed to facilitate social reintegration,
prevent re-offending and make the children productive members of
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the community. These services may include but should not be limited
to seminar/workshops, life skills development, sports clinics activities,
skill and livelihood programs for future employment and membership
to existing youth organizations that enhance and teach life skills and
positive lifestyle and other preventive programs.
The after-care support services under this Rule shall be
provided by the LSWDO. The development of these services shall
comply with the criteria set by the JJWC as provided in the Act and
these Rules. The after-care support services shall engage the active
participation of the child and his/her parents or guardians. Licensed
and accredited NGOs may be mobilized by the LSWDO in the
provision of after-care support services.
CONFIDENTIALITY AND PRIVACY
Right to confidentiality and privacy - a child in conflict with
the law has the right to have his/her privacy respected fully at all
stages of the proceedings, from initial contact to the final disposition
of the case, including stages when child undergoes intervention,
diversion, rehabilitation or aftercare programs. As such, all records
and proceedings involving children in conflict with the law from initial
contact until final disposition of the case shall be considered
privileged and confidential. The identity of the child shall not be
divulged unless necessary and with authority of a judge. No
information that may lead to the identification of a child in conflict with
the law and members of his/her family shall be published or
broadcast in any mass media. In case the offended party is a child,
the right to confidentiality and privacy of said child shall be governed
by Republic Act No. 7610 (the “Special Protection Against Child
Abuse, Exploitation and Discrimination Act”), Republic Act No. 8505
(the “Rape Victim Assistance and Protection Act”), and their
Implementing Rules and Regulations.
As provided in Section 5(h) of the Act, the public shall be
excluded during the proceedings, from initial contact to the final
disposition of the case, and all records from these proceedings
shall not be disclosed directly or indirectly to anyone by any of the
parties or the participants in the proceedings for any purpose
whatsoever, except:
(a) To determine if the child in conflict with the
law may have his/her sentence suspended;
(b) If the child in conflict with the law may be
granted probation under the probation law; or
(c) To enforce the civil liability imposed in the
criminal action.
The results of the medical examination of the child in
conflict with the law taken prior or during the trial shall be kept
confidential, unless otherwise ordered by the Family Court.
The disclosure of confidential records may only be done
upon order of the Court. The records of the child in conflict of the law
may only be disclosed to persons specifically enumerated in the
order of the Court permitting such disclosure. As provided in Section
43 of the Act, the records of a child in conflict with the law shall not
be used in subsequent proceedings, whether criminal, civil or
administrative, for cases involving the same offender as an adult,
except when beneficial for the offender and upon his/her written
consent. As required under Section 43 of the Act, all authorities
having contact with the child in conflict with the law or having access
to the records of the child in conflict with the law shall undertake all
measures to protect this confidentiality of proceedings, including the:
(a) Use of a system of coding that provides aliases for
children taken into custody;
(b) Maintenance of a separate logbook and a separate
police blotter for children in conflict with the law;
(c) Exclusion of the public, particularly the media, from
the area where the child is being held in custody
pursuant to Section 43 of the Act;
(d) Non-disclosure of any detail or information to the
public, particularly the media, that shall lead to the
identity of the child;
(e) Keeping the results of the medical examination
confidential; and
(f) Marking of the records of the child and the report on
the initial investigation as confidential. Failure to
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 undertake measures to maintain confidentiality is
punishable under Sec. 62 of the Act.
Exemption from perjury and liability for concealment or
misrepresentation
A person who has been in conflict with the law as a child
shall not be held under any provision of law, to be guilty of perjury or
of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response
to any inquiry made to him/her for any purpose, pursuant to Section
43 of the Act. No person shall also be denied privileges and
opportunities, discriminated against, punished or in any manner held
liable or responsible for non-disclosure of any fact relating to his/her
conflict with the law as a child.
EXEMPTING PROVISIONS
Status Offenses, not punishable
As provided in Section 57 of the Act, status offenses or
offenses which discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts, shall not be
punished. Any conduct not considered an offense or not penalized if
committed by an adult, including but not limited to curfew violations,
truancy, parental disobedience and the like, shall not be considered
an offense and shall not be punished if committed by a child. In the
event a child is apprehended for or accused of committing status
offenses, law enforcement officers have the obligation to immediately
release the child and that the provisions of this Act on prevention,
diversion or rehabilitation shall not apply.
As provided in Section 58 of the Act, all children shall be
exempt from prosecution for the following offenses, being
inconsistent with the United Nations Convention of the Rights of the
Child:
(1) Vagrancy and prostitution under Article 202 of the
Revised Penal Code;
(2) Mendicancy under Presidential Decree No. 1563; and
(3) Sniffing of rugby under Presidential Decree No. 1619.
Treatment of children exempt from prosecution
Upon initial contact with the child found to have committed
any of the offenses enumerated in Rule 89.a, the law enforcement
officer shall immediately turn over the custody of the child to the
LSWDO. The child shall undergo appropriate counseling and
treatment program to be determined by the LSWDO as provided in
Section 58 of the Act. As mandated by Section 60 of the Act, in the
conduct of the proceedings beginning from the initial contact with the
child, the competent authorities must refrain from branding or
labeling children as young criminals, juvenile delinquents, deviants,
prostitutes, vagrants or other similar derogatory and attaching to
them in any manner any other derogatory names. “Competent
authorities” under this Rule refers to persons having contact with the
child in conflict with the law including but not limited to:
(a) Law enforcement officers;
(b) Barangay officials and employees,
including members of the LCPCs;
(c) LSWDOs;
(d) Prosecutors;
(e) PAO lawyers;
(f) Judges;
(g) Court social workers;
(h) Personnel of youth detention homes
and youth rehabilitation centers;
(i) Personnel of agricultural camps and
other training facilities maintained, supervised and
controlled by the BUCOR; and
(j) All persons having authority to
implement community-based programs for intervention,
diversion and rehabilitation.
As provided in Section 60 of the Act, no discriminatory
remarks and practices shall be allowed particularly with respect to
the child’s class, including but not limited to gender, economic or
social status, and physical condition, or ethnic origin. As provided in
Section 61 of the Act, the following and any other similar acts shall
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be considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and well-being
of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive
measures such as cursing, beating, stripping, and solitary
confinement;
(c) Employment of degrading, inhuman and cruel forms of
punishment such as shaving the heads, pouring irritating,
corrosive or harmful substances over the body of the child
in conflict with the law, or forcing him/her to walk around
the community wearing signs which embarrass, humiliate,
and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude
in any and all forms under any and all instances.
Also prohibited under the Act are the following:
Violation of the confidentiality of proceedings involving a
child in conflict with the law, as provided in Section 43 of the Act and
Part XIII of these Rules, due to acts and omissions such as but not
limited to the following:
(a) Disclosure to the media of records, including
photographs, of children in conflict with the law;
(b) Failure to maintain a separate police blotter for cases
involving children in conflict with the law; and
(c) Failure to adopt a system of coding to conceal
material information, which will lead to the child’s identity.
(d) Commission of prohibited acts under Section 21 of the
Act and Rule 28 on Prohibited Acts when in custody of
child.
(e) Failure to comply with the registration, licensing and
accreditation requirements under Rules 76 and 77.
CASUAL FACTORS TO JUVENILE PROBLEM BEHAVIOR
Over the years, criminologists have put forth a wide variety
of motives for what causes crime. People who deal with young
people cite the following root conditions: poverty, family factors, the
environment, media influence, and declining social morality. These
will be taken up in order:
Poverty - Although it is considered passé to say poverty
causes crime, the fact is that nearly 22 percent of children under the
age of eighteen live in poverty. Poverty, in absolute terms, is more
common for children than for any other group in society. Ageism,
they say, is the last frontier in the quest for economic equality.
Adolescents from lower socioeconomic status (SES) families
regularly commit more violence than youth from higher SES levels.
Social isolation and economic stress are two main products of
poverty, which has long been associated with a number of D-words
like disorganization, dilapidation, deterioration, and despair.
Pervasive poverty undermines the relevance of school and traditional
routes of upward mobility. The way police patrol poverty areas like an
occupying army only reinforces the idea that society is the enemy
whom they should hate. Poverty breeds conditions that are
conducive to crime.
Family Factors - One of the most reliable indicators of
juvenile crime is the proportion of fatherless children. The primary
role of fathers in our society is to provide economic stability, act as
role models, and alleviate the stress of mothers. Marriage has
historically been the great civilizer of male populations, channeling
predatory instincts into provider/protector impulses. Economically,
marriage has always been the best way to multiply capital, with the
assumption being that girls from poorer families better themselves by
marrying upward. Then, of course, there are all those values of love,
honor, cherish, and obey encapsulated in the marriage tradition.
Probably the most important thing that families impart to children is
the emphasis upon individual accountability and responsibility in the
forms of honesty, commitment, loyalty, respect and work ethic.
    Most of the broken home literature, for example, shows
only weak or trivial effects, like skipping school or home delinquency.
Another area, the desistance literature, shows only that children from
two-parent families age-out of crime earlier. In fact, there is more
evidence supportive of the hypothesis that a stepparent in the home
increases delinquency, or that abuse and neglect in fully-intact
families lead to a cycle of violence. To complicate matters, there are
significant gender, race, and SES interaction effects. Females from
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broken homes commit certain offenses while males from broken
homes commit other kinds of offenses. Few conclusions can be
reached about African American males, but tentative evidence
suggests stepparenting can be of benefit to them. SES differences
actually show that the broken home is less important in producing
delinquency among lower-class youth than youth from higher social
classes. Most research results are mixed, and no clear causal family
factors have emerged to explain the correlation between
fatherlessness and crime, but it is certainly unfair to blame single
mothers, their parenting skills, or their economic condition for what
are obviously more complex social problems.
The Environment - Unless we are willing to believe that
testosterone (a male stimulation-seeking hormone) causes crime, the
only feasible explanations left are environmental ones. The heredity-
environment debate in explaining juvenile crime is shaped by divided
opinions about what factors are really important: genetic tendencies,
birth complications, and brain chemicals, on one side; and being a
victim of abuse, witnessing domestic battering, and learned
behaviors, on the other side. The idea that all behavior is learned
behavior is associated with environmental explanations. Sure,
everyone has a potential for violence, but we learn how to do it (in all
its different forms) from observing others do it. In fact, most of us are
suckers for observing violence, glamorizing it to the point where we
like more and different forms of it everyday, in the news, on TV
shows, in action movies. So when you're talking about reducing the
need to see violence on TV, you're really talking biology or
psychology. The study of environmental factors, on the other hand, is
concerned primarily with social considerations. While violence may
be part of everyone's behavioral repertoire, the temptations (triggers,
cues) to do it are embedded (lodged, locked, firmly put in place) with
social networks (relationships and situations) that more or less make
this kind of behavior seem acceptable at the moment.
The unfortunate truth is that, in many places, there are a
growing number of irresistible temptations and opportunities for
juveniles to use violence. Brute, coercive force has become an
acceptable substitute, even a preferred substitute, for ways to
resolve conflicts and satisfy needs. Think of it as the schoolyard bully
who says "Meet me in the parking lot at 4:30". Under circumstances
like these, the peer pressure and reward systems are so arranged
that fighting seems like the only way out.
Now think for a moment about the crucial importance of
peer groups: whether there are people who would respect you for
standing up to fight, or whether there are people important to you that
would definitely not approve of your fighting. What environmental
learning theorists are saying is that there are fewer and fewer friends
available to help you see the error of your ways in deciding to fight.
Most of the recent research in this area revolves around
"neighborhood" factors, such as the presence of gangs, illicit drug
networks, high levels of transiency, lack of informal supports, etc.
Gang-infested neighborhoods, in particular, have no effective means
of providing informal supports that would help in resisting the
temptations to commit crime. Such neighborhoods would more likely
have an informal encouragement policy, with five or more places
where you could buy a gun and drugs available to give you the
courage to use the gun. Firearms- and drug-related homicides have
increased over 150% in recent years, and the clearest drug-violence
connection is for selling drugs because illicit drug distribution
networks are extremely violent.
In such neighborhoods, families, school authorities, and
even community organizations are often incapable of providing any
protection for children. There are no peer-level social supports to
reinforce the conventional lifestyles that these agencies want their
children to emulate. The reality of street life, its illicit economy, and
quick and easy pathways to success and prestige through violence
and crime all offer rewards that offset the risks associated with these
activities. And, even if a child experiences the risks of street life
firsthand, like by getting shot or stabbed, this only reinforces the
child's desire for more exposure to the learning of street life, to do
better next time by listening more closely to delinquent peers and not
to the advice of legitimate authorities. Victimization and perpetration
go hand in hand. This is what is meant when criminologists say that
the best predictor of future delinquency is past behavior, or age of
onset. The strongest (primacy) effect is when violence is modeled,
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encouraged, and rewarded for the first time. It determines the type of
friends one chooses, which in turn, determines what behaviors will be
subsequently modeled, established, and reinforced.
Media Influence - Popular explanations of juvenile crime
often rest on ideas about the corrupting influence of television,
movies, music videos, video games, rap/hip hop music, or the latest
scapegoat du jour, computer games like Doom or Quake. The fact is
that TV is much more pervasive, and has become the de facto
babysitter in many homes, with little or no parental monitoring. Where
there is strong parental supervision in other areas, including the
teaching of moral values and norms, the effect of prolonged
exposure to violence on TV is probably quite minimal. When TV
becomes the sole source of moral norms and values, this causes
problems. Our nation's children watch an astonishing 19,000 hours of
TV by the time they finish high school, much more time than all their
classroom hours put together since first grade. By eighteen, they will
have seen 200,000 acts of violence, including 40,000 murders. Every
hour of prime time television carries 6-8 acts of violence. Most
surveys show that around 80% of American parents think there is too
much violence on television.
Most of the scientific research in this area revolves around
tests of two hypotheses: the catharsis effect, and the brutalization
effect; but I am giving this area of research more credit than it
deserves because it is not that neatly organized into two hypotheses.
Catharsis means that society gets it out of their system by watching
violence on TV, and brutalization means we become so desensitized
it doesn't bother us anymore, but there are also "imitation"
hypotheses, "sleeper" effects, and lagged-time correlations. The
results of research in this area are too mixed to give any adequate
guidance, and it may well be that social science is incapable of
providing us with any good causal analysis in this area. Only
anecdotal evidence of a few cases of direct influence exist.
Since the early 1990s, a number of films, music videos,
and rap music lyrics have come out depicting gang life, drugs, sex,
and violence. Watching or listening to these items gives you the
feeling that the filmmakers or musicians really know what they're
talking about and tell it like it is, but there have been unfortunate
criminogenic effects. In 1992, for example, 144 law enforcement
officers were killed in the line of duty. That year, four juveniles
wounded Las Vegas police officers and the rap song, Cop Killer, was
implicated. At trial, the killers admitted that listening to the song gave
them a sense of duty and purpose. During apprehension, the killers
sung the lyrics at the police station. Another case involved a Texas
trooper killed in cold blood while approaching the driver of a vehicle
with a defective headlight. The driver attempted a temporary insanity
defense based on the claim he felt hypnotized by songs on a 2 Pac
album, that the anti-police lyrics "took control, devouring [him] like an
animal, compelling his subconscious mind to kill the approaching
trooper". Two of the nation's leading psychiatrists were called as
expert witnesses in support of this failed defense.
Social Morality - It has become prevalent, especially
among the slacker generations, GenX and Gen13, to join the old
WWII generation in self-righteous, totally gratuitous Sixties-bashing,
as if all our social problems, especially our declining social morality,
started with the free-for-all, "any thing goes" hippie movement of the
1960s. This time period is often blamed for giving birth to rising
hedonism, the questioning of authority, unbridled pursuit of pleasure,
the abandonment of family responsibility, demand for illicit drugs, and
a number of other social ills. Sometimes, even the AIDS epidemic is
blamed on the 1960s, although such accusers are off by about two
decades.
To sixties-bashers, today's juvenile "super predators" are
nothing but a long line of troubled youngsters who have grown up in
more extreme conditions of declining social morality than the
generation before them. Their thinking is that each generation since
the sixties has tried hard to outdo one another in expressing the
attitude that "nothing really matters", culminating in the present
teenage regard for angst and irony so common in contemporary
culture.
How should juveniles-in-trouble be handled?
Approaches to the problem generally fall into two camps:
the public health solution, and the law enforcement solution.
Advocates of the public health approach tend to see juveniles today
as victims of an anti-youth culture. The problem is not just parents
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failing children, but a whole attitude among adult society that is
increasingly hostile, angry, and punishing toward youth. It's also not
just poverty, per se, among children, but the relative deprivation of
living in a society of affluence in which self-esteem is tied to
achieving affluence. People are only hosts, not causes, of social
problems, according to the public health model. The real enemies (if
there need to be enemies at all) are the environment (broad social
forces that shape their way through culture) and the agent (the
means of violence, firearms and access to weapons). Intervene, and
then trace the pathology back to its source. The source often turns
out to be low SES families and neighborhoods where there have
been few prevention programs, poor economic and educational
opportunities, and no way to reintegrate released offenders back into
the community.
The law enforcement solution looks at the problem in terms
of what needs to be done to improve investigation, arrest,
prosecution, and conviction. Advocates of this approach perceive
that a nationwide crackdown, "get tough on juvenile crime" program
is what this country needs, but they are also just as likely to want the
delivery of real rehabilitation programs in juvenile prisons, at least
when we are better able to separate the minor offenders from super
predators. For the most part, however, the belief is that it is society's
duty to punish, not rehabilitate, and boot camps, life terms, and even
executions are in order for juveniles if they deserve it. They should
serve time as adults, and face the ultimate punishment, no matter
what the age.
ETHICS AND POLICE COMMUNITY RELATION
Excerpts from the Law Enforcement Code of Ethics
1. “As a Law Enforcement Officer, my fundamental duty is to
serve mankind”
This passage is contained in two words: “duty” and
“service”. Too often we forget that law enforcement is not just a job
for which we are hired as one would hire a laborer or tradesman. It
involves a sworn duty. Some progressive police department now
requires that its officers reaffirm their oath each year in an effort to
drive home the message that is contained in this sworn oath. And
to again remind the officer of the essential relationship between his
job and the free society in which he lives.
The word “serve” denotes the denial of one’s own
pleasures and desire for the good of the person or persons to be
served. Service involves dedication and sacrifice of the giving of
one’s self. These are words that many find hard to swallow in his
present day and age but the job of professional law enforcement
requires a special creed of man.
2. “To safeguard lives and property; to protect the innocent
against deception, the weak against oppression or
intimidation; and the peaceful against violence or disorder”
We must, however, understand some of the limitations that
are present in a truly democratic society. In such a society as ours,
this task can often be a difficult one, because protecting the rights of
the individual means also protecting the right of the criminal. This is
sometimes a hard pill for law enforcement officers to swallow.
Because of this, some officers stray politically to the far
right in an effort to either seek a system where their job would be
made easier, or to better protect the society that they have sworn to
serve. It is easy for an officer to become bitter when he has
continually witnessed the ends of justice thwarted by red tape politics
and technicalities of the law. The more truly idealistic he is, the more
frustrated he can become, especially if he lacks a philosophy or
understanding of his true purpose in the society which he serves.
Why must the idealistic officer suffer so? When a good carpenter
does his best, in building a fine house, one that can be seen and
admired by all, he can stand back and look at his job with a feeling of
accomplishment and satisfaction. The same applies to an artist or
anyone in the skilled trades. Why not, then the policemen? Why
must a good policeman, who works hard for the ends of justice, see
the products of his work so often crumble at his feet?
3.
“To respect the constitutional rights of all men to liberty,
equality and justice”
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Respecting the rights of others is not one of man’s natural
qualities. It seems to be part of his nature to suspect and persecute
those who are in any different from him. There is no perfect justice
on this earth, nor will there ever be, because man is not all knowing
“nor” is he himself perfect. Still we must strive for a form of justice
that represents our ultimate capability. This involves not only great
effort on the part or very-person in the community, but individual
sacrifice as well.
One of the greatest areas of fault among police officers
generally, is not so much a prejudice against the criminal. For
example, an officer soon learns from experience that a certain group
of persons is often responsible for the majority of the crimes
committed such an offense. Such a prejudice could lead to the faulty
conclusion that he is the guilty person. This soon leads to a general
feeling or prejudice against all those who have been convicted of
prior offenses, and an almost subconscious refusal to accord them
the same right that the Constitution provides for all persons.
4. “I will keep my private life unsullied as an example to all”
One of the first things that a law enforcement officer must
learn is that he has no private life. Every citizen should be entitled to
his own private life yet when a person accepts the calling of Law
enforcement, as a voluntary measure, he must be willing to offer his
privacy as a sacrifice to the good of the community which he serves.
If a law enforcement officer could hide from his neighbors the facts
that he is a policeman, then his private life could be his own. This,
however, is impossibility. If a policeman has a family, hi occupation
will become known in the neighborhood within a few days at the
most. It he is single, and keeps to himself, he may keep the secret a
little longer, but if he is engaged in active law enforcement within his
community, it is inevitable that his neighbors will become aware of it.
One this is known, he will become the Object of constant
observation.
5. “ Maintain courageous calm in the face of danger, scorn or
ridicule and develop self restrain”
In a democratic society, a police officer is a public officer
and as such is a servant to the community. Instead of being above
reproach or ridicule, he must expect to receive his position, as part of
his job. It is not easy to control one’s temper when being subjected
to unnecessary and unjustified scorn or ridicule. Punching the
perpetrator in the mouth will hurt him physically, but psychologically
he will sense victory in that he knows that he “got to the officer.”
Nothing will hurt him more than being ignored. Through practice,
even the officer with temper can learn to control it. For the
professional law enforcement officer it is “must”. When subjected to
scorn and ridicule, it often helps just to consider the source.
6. “ Whatever I see or hear of a confidential nature or that is
confided to me in my official capacity will be kept secret
unless revelation is necessary in the performance of my
duty”
Some officers feel that there is a difference in that the
information obtained by the doctor and attorney is freely given with
the understanding that will be confidential whereas the he information
obtained as part the law enforcement officer can be the result of
many sources or forms of investigation.
How it was obtained is really not important. The fact that it
was obtained as part of the officer’s occupation, and is usually
information that he would not have otherwise obtained had he not
been in that field, is the key point.
This information should never leave the department or the
person retaining it unless it is in the interest of justice. An officer
should even be careful not to reveal information to his wife. An
officer’s wife is often very tempted to reveal information of a
confidential nature of neighbor women in an effort to show her
neighbors the importance of her husband’s job, and to gain status in
the eyes of the neighbor women.
7. “I will never permit personnal feelings, predujice,
animosities or friendship to influence my decisions”
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 It is quite difficult to know which desire is strongest in some
persons, to help our friends or to hurt our enemies. Both desires are
part of our human nature. Helping our friends can be very good thing
in self, but when it involves an inequity in the administration of justice
we are defiling the oath we made to the community in which we
serve. In police work, there is ample opportunity to both hurt
enemies and help friends, and it takes a person of strong character
to properly perform his duties under these circumstances. Without
professional convictions, this can be impossibility.
8. “I will never act officiously”
One of the faults common to new officers is that they often
act officiously. They appear to the public to be over-impressed with
their own importance. In a way this is natural because it is
associated with pride and a new officer is usually very proud for his is
a noble undertaking. However, a law enforcement officer must
always guard against having this pride misinterpreted by the public
as being merely officious.
The majority of the people who make contact with a law
enforcement officer during his hour of duty are not criminals. The
majority of the persons receiving tickets from an officer are normally
law abiding, upright citizens of the community, and they are usually
embarrassed enough by being caught inn a traffic violation without
being talked down to or treated like a criminal. Judges often report
that a common reason for a person appearing in traffic court as not
so much to contest the facts of the offense as it is complain about the
demeanor of the officer issuing the citation.
9. “With no compromise for crime and with relentless
prosecution of criminals, I will enforce the law courteously
and appropriately without fear or favor, malice or ill-will”
The term “with no compromise for crime” means that crime
will not be knowingly permitted. It does not mean that the officer
must perform his duties to the “letter of the law” without taking into
consideration the “spirit of the law”. If the Code of Ethics will be
examined, nothing will be found in it to the effect than an officer must
obtain convictions and send people to prison for long periods of time.
It does state, however, that he must do the best of which he is
capable, and that his actions must in them be ethical. No man can
predict or guarantee the final results of any action. Only god can do
this, Man can only be responsible for his immediate actions. If an
officer does a good job and the court release the criminal, the blame
rests not upon him but upon the courts, the jury or society itself. The
modern law enforcement officer has a new motto “Be firm but fair”.
He does not have to be a “theory bound” sociologist just because he
treats criminals like human beings.
The professional law enforcement officer lets the criminal
call the tune as to his own treatment. The officers can and must be
as tough as the situation demands yet there is no personal
vindictiveness in the way he treats the criminal. His tone of voice
and demeanor usually indicate that he will not be walked on, yet his
actions are fair
10. “I will never employ unnecessary force or violence”
At times the use of force in the performance of one’s duties
is an absolute necessity. There is no escaping it. It is extremely
difficult to judge exactly whether or not use of force is necessary in a
given situation. The use of force or violence during interrogations will
often produce immediate confessions, but it should be avoided on
ethical grounds. The interrogator seldom knows with complete
certainty that the suspect is guilty, and the use of force or the “third
degree” on an innocent person is certainly a miscarriage of justice as
well as a violation of professional conduct. As a means of
Punishment for the criminal, it would be out of place for it is not the
function of law enforcement to punish criminals. This belongs to the
courts and prisons.
11. “I will never accept gratuities”
Those members of law enforcement who developed this
code, were certainly aware of the complexities of this particular area,
but the use of the word “never” in relation to accepting gratuities,
indicated that they felt that this was a necessary and essential
prerequisite to professional law enforcement. To be truly
CnD REVIEW CENTER
professional we must first be ethical, we must do what is actually
describe, not merely what we would like to be desirable.
12. “ I recognize the badge of my office as a symbol of public
faith, and I accept it as a public trust to be held so long as I
am true to the ethics of police service”
The essence of this section is one of the most overlooked
and forgotten facets of law enforcement by the man in the field. It is
this that distinguishes the difference between law enforcement and
the ordinary job. It is this that enables an officer to suffer the
difficulties and problems that make the held, at times, so frustrating
and discouraging. Police administrators would do well to place more
emphasis upon the swearing-process. It should be made very formal
and similar to the initiation of many fraternal organizations.
The chief of Police should see that the recruit is not issued
a badge or allowed to put on a uniform until he is thoroughly familiar
with the code of ethics and especially the above section. He should
be made to understand that he is one of a select few, and that his job
is public trust that must be earned. The new officer should also
understand that any personal reward would not be obtained from the
public itself. This is so because the public is a difficult master, it there
no to personal reward, it can only come from itself or from knowing
the true significance of the job and the essential role that in plays in
society. Perhaps the greatest reward is the self-respect and
satisfaction that comes from the knowledge that the job was done in
a truly professional manner.
13. “I will constantly strive to achieve these objectives and
ideals dedicating my self before God, to my chosen
profession… Law Enforcement”
Proficiency in law enforcement involves many factors. It
involves mental, moral and physical conditioning. They are all-
important aspects. The officer who let him self-slip physically is
certainly not able to protect society. The officer who is in good
physical condition has more confidence in his ability, and those with
whom he deals sense this, and as a result he finds that it is
necessary to exert authority as much as it might be otherwise.
Unfortunately, most police department requires a stiff physical agility
examination before this area is either forgotten or greatly neglected.
It is left up to the individual officer to keep himself in shape.
The Canons of Police Ethics
The following are the cannons of Police ethics:
 Primordial police responsibility
 Limitation of Police authority
 Knowledge of the law and other responsibilities
 Use of proper means to obtain proper ends.
 Cooperation with public officials
 Proper conduct and behavior
 Conduct toward the community
 Conduct in arresting law violators.
 Firmness in refusing gifts or favors.
 Impartial presentation of evidence
 Attitude toward police profession
Primordial Police Responsibility
The primary objectives of Police is the prevention of crime,
policeman knew too well that he has committed his Life to defend
and protect the rights of the citizen and uphold the law at all cost.
Limitation of Police Authority
The primary as an upholder of the law must know its
limitation upon him in enforcing the law, thus:
a. He must be aware of the limitations which the people,
through law, have placed him
b. He must recognize the center of the democratic
system of government, which gives person, or group of
persons, absolute power.
c. He must insure that he does not pervert its true
character.
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Knowledge of the Law and other Responsibility
a. The policeman shall assiduously apply himself to the
principles of the laws, which he is sworn to applied.
b. He will make certain of his responsibilities in the
particular field of enforcement, seeking aid of his superior
in matters technically or in principles are not clear to him
c. He shall make special effort to fully understand his
relationship with law enforcement agencies, particularly on
matters of jurisdiction, both geographically and
substantively.
Use of proper Means to Obtain Paper Ends
a. The policeman shall be Mindful of his responsibility to
have strict selection of methods in discharging the duty of
his office.
b. Violation of law or public safety and property on the
part of the officer are intrinsically wrong. They are self-
defeating if they instill in the public mind and a like
disposition.
c. The employment of Illegal methods, no matter how
worthy the end, is certain to encourage disrespect for the
law and its officers, If the law is to be honored, it must first
be honored by those who enforce it.
Cooperation with Public Officials
The policeman shall cooperate fully with other public
officials in the performance or authorized duties, regardless of party
affiliation or personal prejudices. He shall be meticulous law,
however, in assuring himself of property, under the law, such actions
and shall guard against the use of his office or person whether
knowingly or in any improper or illegal action.
Proper Conduct and Behavior
The policeman shall be mindful of his special identification
by the public as an upholder of law. Police laxity of conduct or
manner in private life, expressing either disrespect for the law or
seeking to gain special prevail, cannot but reflect upon in the
policeman and the police service. The community and the service
requires that the policeman leads the life of decent and honorable
person, following the career of policeman gives no special pre-
requisite.
Conduct towards the Community
a. The policeman shall be mindful of his responsibility
to the community
b. He shall deal with individuals of the community in
the manner calculated to instill respect for its law.
c. He shall conduct his official life in a manner that
will inspire confidence and trust.
d. He will be neither overbearing nor subservient, as
no individual citizen has no obligation to stand in awe of
him or fight to command him.
e. He will do neither from personal preference or
prejudice but rather a duly appointed officer of the law
discharging his sworn obligation.
Conduct in Arresting Law Violator
a. Policeman shall use his powers of arrest in
accordance with the law and with due regard to the rights
of the citizen concerned.
b. He shall, at all times, have a clear appreciation of
his responsibilities and limitation regarding the detention of
the accused.
c. He shall conduct himself in such a manner as will
minimize the possibility of having to use force.
d. He shall cultivate a dedication to the people and
the equitable upholding of the law whether in the handling
of the accused or law-abiding citizen.
Firmness in Refusing Gifts or Favors
CnD REVIEW CENTER
a. Policeman representing the government bears
heavy responsibility of maintaining, in his conduct, the
honor and integrity of all government institution.
b. He shall guard against placing himself in a
Position in which the public can reasonably assume that
special consideration is being given.
c. He shall be firm in refusing gifts, favors or
gratitude, large or small, which can be public mind, be
interpreted as capable of influencing his judgment in the
discharge of his duties.
Attitude towards Police Profession
a. Policeman shall regard the best possible of his
duties as a public trust and recognize his responsibilities as
a public servant.
b. He shall strive to make the best possible
application of science to the selection of the crime and in
the field of human relation.
c. He shall strive for effecting leadership and public
influence in matters affecting public safety.
d. He shall appreciate the importance and
responsibility of his office, and hold police work to be an
honorable profession rendering valuable service to his
community.
e. Through study and experience, a police officer
can acquire the high level of knowledge and competence
that is essential for the efficient and effective performance
of duty. The acquisition of knowledge is a never- ending
process of personal and professional development that
should be pursued constantly.
Impartial Presentation of Evidence
a. Policeman shall be concerned equally in the
prosecution of the accused or for the defense of the
innocent
b. He shall ascertain what kind of evidence and
shall present such evidence impartially and without malice.
c. He shall ignore social, political and all other
distinction among the person involved, strengthening the
tradition of reliability and integrity of an officer’s word.
Professional Police Principles
The following are the professional police principles:
 Prevention of crime and disorder
 Cooperation of the community
 Unreasonable force reduce community cooperation
 Use of reasonable force when persuasion is not sufficient
 Impartial enforcement of laws.
 The community is the police.
 Police should not usurp judicial powers.
 Rules of engagement impartially observed.
 Reduction of crime and dishonor.
 Police discretion
Prevention of Crime and Disorder
The basic mission for whom the police exist is to prevent
crime and disorder as an alternative to the repression of crime and
disorder by police force and severity of legal punishment.
Cooperation of Crime and Disorder
The police must secure the willing cooperation in the
voluntary observance of the law to be able to secure and maintain
the respect and support of the community. The ability of the police to
perform their duty is dependent upon community support of police
existence, actions, behavior and the ability of the police to secure
and maintain community and respect.
Unreasonable Force Reduce Community Cooperation
A police officer will never employ unnecessary force or
violence and will use only such force in the discharge of duty as in
reasonable in all circumstances. Force should be used only with the
greatest restraint and only after discussion, negotiation and
64
persuasion have been found to be inappropriate or ineffective. While
the use of force is occasionally unavoidable, every police officer will
refrain from applying the unnecessary infliction of pain or suffering
and will never engage in cruel, degrading of inhuman treatment of
any person.
Use of Reasonable Force when Persuasion Is Sufficient
The police service is noble and professional. Hence, it
demands from its members a specialized knowledge, skill and high
standard ethics and morality.
In this regard, the member of the Philippine National Police
must adhere to and internalize the enduring core values of the PNP.

The police should use reasonable force to the extent  Love of God.
necessary to secure observance of the law or to restore order only  Respect for authority.
when the exercise of persuasion, advice and warning is found to be  Respect for women
insufficient to attain police objectives. No violence or unnecessary  Respect for sanctity of marriage.
force shall be subject to any greater restrain than is necessary for his  Stewardship over material things
detention.  Responsible dominion
 Truthfulness
Impartial Enforcement of Laws
The Police Officer’s Pledge
The police seek and preserve community favor, not by
catering to community opinion, but constantly demonstrating
I will love and serve God, my country and people.
absolutely impartial enforcement of laws, without regard to the justice
I will uphold the Constitution and obey legal orders of duly
and injustice of the substance of particular laws. In short, there
constituted authorities.
should be impartial enforcement of laws on all individual members of
I will oblige myself to maintain high standard of morality.
the, society without regard to their race of social standing.
I will respect the customs and traditions of the police service.
I will live a decent and virtuous Life to serve as an example.
The Community is the Police

The police at all times should maintain relationship with the

The Police Officer’s Creed
community that gives really to the historic tradition that the police are
the community are the police. The police are the only members of the
1. I believe in God, the Supreme Being and Great provider,
community who are pain to give full time attention to maintain peace
the Creator of all men and everything dear to me. In return,
and order, which are incumbent on every citizen in the interest of
I can do less than love Him above all, seek His guidance in
community welfare.
the performance of my duties and honor Him at all times.
2. I believe that respect for authority is a duty
Police Should Not Usurp Judicial Powers
3. I believe and uphold the Constitution, the laws of the land
and the applicable rules and regulations.
The police should always direct their actions strictly toward
4. I recognize the legitimacy and authority of the leadership,
their functions and never appear to usurp the powers of judiciary by
and follow and obey legal orders of my superior officers.
averaging individuals of the state of authoritative judging guilt of
5. I believe in selfless love and service to people.
punishing the guilt.
6. Toward this end, I commit myself to the service of my
fellowmen over and above my personal convenience.
Reduction of Crime and Disorder
7. I believe in the sanctity of marriage and the respect for
women.
The test of police efficiency is the reduction of crime and
8. I shall set the example of decency and morality.
disorder until totally eradicated, not by evidence of police present and
9. I shall have high regard for family life and chastity.
action in dealing with the community.
10. I believe in responsible dominion and stewardship over
material things.
Rules of Enforcement Impartially Observed
11. I shall inhibit myself from ostentatious display of my
property.
a. Policemen engaged in anti-crime operation always
12. I shall protect the environment and conserve nature to
consider the safety and security of who might be caught in
maintain ecological balance.
the crossfire or arm encounters.
13. I shall not intrigue, gossip or make unverified statement
b. The use of force including firearms is justifiable only
concerning personal character of conduct, which will
by virtue of the Doctrine of self-defense and Defense of a
discredit another member of the police service.
Stranger. Nobody, including the policeman and other law
enforcement authorities is above the law.
The Police Code of Covenant
c. The use of force, especially firearms, should be
applied only as a last resort, when all other peaceful and
I shall recognize and I will always be conscious of the fact
non-violent means has been exhausted.
that the police service is an honorable calling, thus compelling me to
d. The use of force, especially firearms, should be
set the example by strictly adhering to the provision of the code of
confined only in the lawless elements and the responding
professional conduct and ethical standards.
PNP unit. This is inherent in the police service in which the
profession, the armaments and safety life of every police
I bind myself to promote and enhance the noble ideas and
officer are dedicated to the protection and safety of the
aspirations of code of my personal and professional life and ensure
people.
that its tenets shall be honored at all times.
Police Discretion
This is my personal covenant.
A police officer will use responsibly the discretion vested in
The Policeman’s Prayer
the position and exercise if within the law. The principle of
reasonableness will guide the officer’s determinations and the officer
Lord God Almighty, grant us that we may this day and
will consider all surrounding circumstances whether any legal action
everyday over all temptations especially to injustices and disloyalty
shall be taken. Consistent and wise use of discretion, based on
and with our minds inflamed by Your Holy Spirit, perform all our
professional policing competence, will do much to preserve good
duties in such a manner that as maybe pleasing to Your Devine Will
relationship and retain the confidence of the public. There can be
so that when call to report for the last time, we may not be found
difficulty in choosing between conflicting courses of action. It is
wanting. Amen.
important to remember that a timely word of advice rather than arrest
(in appropriate circumstances) is a more effective means of
The Filipino Policeman
achieving a desired end.

Core Values
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 A Filipino policeman is a protector and a friend of the
people. His badge is the symbol of the citizen’s faith and trust, his
uniform a mirror of decorum and integrity and his whole human
person an oblation of enduring love for homeland, fellowmen and
god.
A Filipino policeman emulates the valor of Lapu Lapu,
serenity of Rizal, the leadership of Aguinaldo, the courage of
Bonifacio, the idealism of Del pilar, the wisdom of Mabini and the
fortitude of Gomez, Burgos, and Zamora.
A Filipino policeman has an oath for his republic to uphold:
to defend the constitution, honor the flag, obey the laws and duly
constituted authorities. He has covenant with his people to comply:
to safeguard and protect them even beyond the call of duty. And he
has a legacy for his family to fulfill: to bequeath unto them the one
and only treasure of his life - an embellished name.
The Police Professional Conduct
All members of the Philippine National Police (PNP) shall
observe the following professional police conduct:
Commitment of Democracy - Uniform PNP members shall
commit themselves to the democratic way of life and value and
maintain the principles of public accountability. Public office is a
public trust. Public officer must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice, and leas modest lives.
They shall at all times uphold the constitution and be loyal to our
country, people and organization above loyalty to any persons or
organization.
Commitment to Public Interest - PNP members shall
always uphold public interest over and above personal interest. All
government properties, resources and powers of their respective
offices must be employed and used effectively, honestly and
efficiency, particularly to avoid wastage of public fund and revenues.
Non-Partisanship - PNP members shall provide service to
everyone without discrimination regardless of Party affiliation in
accordance with existing laws and regulations.
PNP Conduct during Labor Dispute - The involvement of
PNP during strike, lockout, and labor dispute in general shall limited
to the maintenance of peace and order, enforcement of laws and
legal Orders of duly contributed authorities.
Physical Fitness and Health - All PNP members shall strive
to be physically fit and in good health at all times. Towards this end,
they shall undergo regular exercise and annual medical examination
in any PNP hospital or medical facility.
Secrecy Discipline - All PNP Members shall guard the
confidentiality of classified information against unauthorized
disclosure. This includes confidential aspect of official business
special orders, communication and other documents, roster or any
portion thereof of the PNP, contents of criminal records, identities of
person who may have given information to the police in confidence
and other classified information on intelligence materials.
Social Awareness - All PNP members shall be actively
involved in civic, religious, and other social activities with the end
purpose of increasing social awareness.
Proper Care and Use of Public Property - All PNP
members shall be responsible for the security, proper care and use
of Public property issued to them and/or deposit under their care and
custody, unauthorized used of Public property for personal
convenience of gain and that of their family, friends, relatives is
strictly prohibited.
Non-Solicitation of Patronage - All PNP members seeking
self-improvement through career development and shall not directly
or indirectly solicit influence or recommendation from politician, high
ranking government officials, prominent citizens, persons affiliated
with civic or religious organization with regard to their assignment,
promotion, transfer or related advantage.
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Respect for Human Rights - In the performance of duty,
PNP members shall respect human dignity and uphold human rights
of all persons. Every police officer shall not inflict, investigate, or
tolerate extra judicial killing, arbitrary arrest, any act of torture or
other cruel, inhuman or degrading treatment and Punishment. Every
members of the PNP shall not invoke superior order or exceptional
circumstances such as state of war, a threat to national security,
internal political instability or any committing such human rights.
Devotion to Duty - All PNP members shall perform their
duties with dedication, efficiency enthusiasm, determination and
manifest concerned for public welfare. He shall refrain from engaging
in any activity, which shall in conflict with their duties as Public
servant. He shall not reign sickness or injury or physical incapacity to
avoid performance of duty. He shall not leave his assigned
jurisdiction of official business, except by permission of his superior
officer or other competent authority, unless such permission is not
practical as in pursuit of a criminal, in which case a report must be
made immediately thereafter.
Conservation of Natural Resources - All members of the
PNP shall help in the development and conservation of our natural
resources for ecological balance and posterity. The natural resources
are considered inalienable heritage of our people.
Discipline - PNP policemen shall conduct themselves at all
times in keeping with the rules and regulation of the organization. All
policemen at all levels shall adhere to the eight tenets of discipline,
which include the following:
Loyalty - PNP members must be loyal to the constitution
and the police service as manifested by their loyalty to the superior
peers and subordinates as well.
Obedience to Superior - PNP members shall obey lawful
orders and to be courteous to superior officers and other appropriate
authorities within the chain of command. No members shall use
abusive, insulting or indecent language to another member.
Command Responsibility - In accordance with the Doctrine
of Command Responsibility, immediate commanders shall be
responsible for the effective supervision, control and direction of their
personnel. He shall see to it that all government resource with laws
and regulations and safeguards against losses through illegal of
improper disposition.
The Police Ethical Standards
a. Morality - All PNP members shall adhere to high
standards of morality and decency and shall set good
example for others to follow.
b. Judicious use of Authority - All PNP members shall be
permitted to apply for search warrant for any evidence
of assault against himself without reporting the case in
writing to his superior officer and Obtaining from his
permission to apply for such warrant.
c. Justice - PNP members shall strive constantly to
respect the rights of other so that they can fulfill their
duties and exercise their rights as human beings,
parents, children, workers, leaders, of in other
capacities and to see to ensure that others do
likewise.
d. Humility - All PNP members shall recognize the fact
that they are public servants and not the master of the
people and toward this end, they should perform their
duties without arrogance.
e. Orderliness - All PNP shall follow logical procedure in
accomplishing task assigned to them to minimize
waste in the use of time, money and efforts.
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 f. Perseverance - Once a decision is made all PNP
members shall take legitimate means to achieve the
goal even in the face of internal or external difficulties,
and despite of anything which might weaken their
resolve in the course of time.
g. Integrity - PNP members shall not allow themselves to
be victims of corruption and dishonest practices in
accordance with the provision of existing laws on
corrupt practices.
Ethical Issues Affecting Police Service
Police Image - The image of any organization affects the
esprit de corps, morale and welfare of members and sense of pride
to the organization. In view thereof, all members of the PNP should
conduct themselves in manner that would not place the PNP core
values in vain and possess the following virtue: Honor, Integrity,
Valor, Justice, Honesty, Humility, Charity, and Loyalty to the service.
Career Management the Key In Professionalism - The
improper implementation of career management greatly these
prejudice the personnel professionalization process as regards to
procurement, promotion, all assignment, placement, training awards,
and retirement.
To address this issue, and PNP shall formulate stringent
policy and strictly implement the human resources development
system, compatible to the equitable distribution of procurement, fair
promotion, rationalizes approach in assignment, skill development,
immediate grant of reward and award, decent living upon retirement.
Police Management Leadership - The effectiveness of the
law enforcement is reflective of law enforcement is reflective of the
managerial capabilities and competent leadership of men and
women who run the PNP organization. It is therefore a “must” that
this attribute be the primary basis for consideration in the selection of
personnel for employment purpose.
Equality in the Service - There shall be judicious equitable
distribution of opportunity to prove one’s worth in the police service.
The problem on inequality through class orientation and factionalism,
both real and perceived, precise on favored assignment, inequitable
opportunity, of training, unfair granting of promotion, and untimely
awarding of achievements will create an atmosphere of
demoralization.
The result is inefficiency and lack of teamwork to the
detriment of organization. It behooves therefore on the PNP
leadership to address the situation. The civilian character requires
the adherence to the rule on merit and fitness system and to
dissociate to the above process from class orientation and
factionalism.
Police Lifestyle - The PNP shall endeavor to promote
lifestyle for every member of the organization that is acceptable and
respectable in the eyes of the public. Further, its members should
set example to the subordinate and follow good example from the
superiors. Police officers will behave in a manner that does not bring
discredit to their agencies or themselves.
A police officers character and conduct while off duty must
always be exemplary, thus maintaining a position of respect in the
community, in which he or she lives and serves. The officer’s
personal behavior must be beyond repute. They must be free from
greed, corruption and exploitation. The public expects a police officer
to live a simple, yet credible and dignified life.
Delicadeza - In consonance with the requirements o honor
and integrity in the PNP, all members must have the moral courage
to sacrifice self-interest in keeping with the time-honored principles of
delicadeza. All members shall promptly discharge all debts and legal
liabilities incurred by them.
Political Patronage - All PNP members must inhibit
themselves from soliciting political patronage in matters pertaining to
assignment, awards, training and promotion.
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Human Rights - All PNP members must respect and protect
human dignity and men’s inalienable rights to life, liberty and
prosperity.
Right to Life includes the right to live, free from social
damages against life or limb, or free from unjustified control. The
Right to Liberty includes the right to determine one’s mode of life with
due respect to the rights of others. Liberty, so it is said, consists
largely of freedom arbitrary physical restrain. The liberty of abode
and of changing the same within the limits prescribed by law shall not
be impaired except upon the right to travel be impaired except in the
interest of national security, public safety or public health, as any
provided by law. The Right in Property includes the right to acquire,
hold, enjoy, possess and manage property or to dispose the same
accordingly as well as to devote the same to legitimate use.
Police Customs and Traditions
The PNP adopts the generally acceptable customs and
traditions base on the desirable practices of the police. These
shall serve as inspiration as the PNP endeavor to attain its goals
and objectives.
Police Customs
A. Custom on Courtesy
Courtesy is a manifestation or expression of consideration
and respect on others.
1. Salute – It is the usual
greeting rendered by uniformed members upon and
recognizing person entitled to salute.
Salute to National Color and Standards - PNP members
stand at attention and salute the national color and
standard as it pass by them or when the national color is
raised or lowered during ceremony.
2. Address/Title - junior in rank
address senior members who are entitled to salute with the
word “Sir”
3. Courtesy Calls - The
following are the customs on courtesy calls:
 Courtesy call of newly assigned/ appointed
members -PNP members who are newly
appointed or assigned in a unit or command, call
on the Chief of the Unit or command and to other
key personnel for accounting, orientation and
other purposes.
 New year’s call - PNP members pay a new year’s
call on their commanders and /or key official in
their respective areas of responsibility.
 Promotion Call – Newly promoted PNP members
call on their unit head. On this occasion, they are
usually given during recognition and
congratulations by their peers for such deserved
accomplished
 Exit Call - PNP members pays an exit call on
their superiors in the unit or command when
relieve or reassigned out of the said unit or
command.
4. Courtesy of the Post - The
host unit extend hospitality to visiting personnel who pay
respect to the command or unit.
5. Rank has – its – own
Privilege - PNP members recognize the practice that
different rank carry with them corresponding privilege.
B. Custom on Ceremonies
Ceremony is a formal act or set of formal acts established
by custom or authority as proper to special occasion.
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 1. Flag Raising Ceremony - PNP members honor the flag by
raising it and singing the National Anthem before the start
of the official day’s work for the week.
2. Flag Retreat Ceremony - At the end of the Official day’s
work to PNP members pause for a moment to salute the
lowering of the flag.
3. Half–Mast - The flag is raised at half – mast in difference to
deceased uniform / civilian member of the command.
4. Funeral Service and Honor - Departed uniformed
members, retires, war veterans are given vigil, necrological
services and graveside honor as a gesture of farewell.
5. Ceremony rendered to Retirees - In recognition of their
long, faithful and honorable service to the PNP, a
testimonial activity is tendered in their honor.
6. Honor Ceremony - Arrival and departure honor ceremonies
are tendered to visiting dignitaries, VIPs PNP officers of
equivalent grade.
7. Turn – Over Ceremony - The relinquishment and
assumption of command key position is publicly announced
in a Turn – Over Ceremony by the incoming – outgoing
officers in the presence of the immediate superior or his
representative and key officials.
8. Wedding Ceremony - During marriage of PNP members, a
ceremony is conducted with participants in uniform and
sworn drawn.
9. Anniversary - The birth or institutional establishment of a
command or unit is commemorated in a Anniversary
Ceremony
C. Custom and Social Decorum
Customs on Social Decorum are set of norms and
standards practiced by members during social and other functions.
The following are police customs and social decorum.
1. Proper Attire - PNP members always wear
appropriate and proper attire in conformity with the
occasion.
2. Table Manner - PNP members observe table etiquette
at all times.
3. Social Graces - PNP members conduct themselves
properly in dealing with the people during social functions.
4. Uniform/ Appearance - The public looks upon PNP
members as distinctively decent when PNP members wear
their uniforms properly wherever they may be. Since
disciplined PNP members are best exemplified by those
whose are neat in appearance and wearing the prescribed
uniform, they must therefore observe the following:
 Wearing the prescribed uniform
 Wearing as part of the uniform, awards and
decorations earned in accordance with the
prescribed rules and regulations
 Adherence to haircut prescribed by rules and
regulations.
5. Manner of Walking - Every PNP member is expected
to walk with pride and dignity.
D. Other Police Customs
1.Visiting the Sick - PNP members who are in the hospital,
their residence or anyplace of confinement are visited by
their immediate commanders or other available officers of
the unit in order that their needs are attended.
2. Survivor Assistance to Heirs of Deceased Members -
When PNP members die, a Survivor officer is designated
to render maximum assistance to their legitimate bereaved
gears until all benefits due shall have been received.
3. Visiting a Religious Leaders - PNP members/ officers
visiting a religious leader in their area of assignment to
establish or maintain rapport and cooperation between the
different religious leaders and PNP.
4. Athletics - All PNP members must undergo in physical
fitness activities to insure their proper physical appearance
and bearing are maintain with the waist line measurement
always smaller than the size of his chest and in conformity
with the standard set forth by the organization.
5. Happy Hours - Usually Fridays or on any other day suitable
for the occasion, PNP members gather a PNP Clubhouse
for a high hearted jesting or airing of minor gripes.
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Police Traditions
Tradition is a body of belief, stories, customs and usages
handed down from generation to generation with the effect of an
unwritten law.
The following are police traditions.
1. Spiritual Beliefs - PNP members are traditionally religious
and god loving person. They attend religious service
together with their family.
2. Valor - History attests that Filipino law-enforcers have
exemplified the tradition of valor in defending the country
from aggression and oppression. They sacrifice their limbs
and lives for their countrymen they are pledged to serve.
3. Discipline - The discipline of PNP members manifested by
instinctive obedience to lawful orders and through and
spontaneous actions within the bounds of ethical and legal
norms.
4. Gentleman - PNP members are upright in character, polite
in manners, dignified in appearance, and sincere in their
concern or their fellowmen.
5. Word of Honor - PNP members’ word is their hand; they
stand by and commit to uphold it. PNP members have
historically exemplified themselves as dedicated public
servants who perform their duty with deep sense of
responsibility and self – sacrifice.
6. Loyalty - Police are traditionally loyal to the organization
country people as borne out by history and practice.
7. Camaraderie – The binding spirit that enhance teamwork
and cooperation in the police organization, extending to the
people they serve, is manifested by the PNP members’
deep commitment and concern for one another.
POLICE COMMUNITY RELATIONS
This chapter presents a discussion on Police Community
Relation (PCR). It is generally accepted that the Police as an
organization is a part of the community it serves. This may mean
that the police, in its relentless endeavors against criminality needs
the indispensable support of the community. In analysis, the police
is inseparable to the community in all crime prevention and crime
suppression activities. Therefore, it is the concern of every police
officer to: develop rapport with the community; and maintain a
meaningful relation with the people and the community at large.
To achieve this end, a police officer should be relentlessly
directed by strong sense of responsibility, courtesy and sincerity.
As mentioned by Dr. Agas in his handbook, Notes on Police
Community Relations, “good service is often a matter of how a
person presents himself to the public. Courtesy, however, must be
coupled with firmness in order to command respect.”
Terms to Ponder in this Study
As use in this chapter, the following words and phrases
shall mean and be construed as indicated:
Police - a civil organization whose members are given
special legal powers by the government and whose task is to
maintain public order and to solve and prevent crimes; or group of
persons established, maintained and organized for keeping order,
safety, protection of lives and properties and for prevention and
detection of crimes.
Community - the public or society in general; it refers to the
civilian populace in cities, municipalities or public in general, and
shall be used interchangeably with public, citizenry, society, or
private sector.
Police Ideal – it refers to the expected standard of
perfection or excellence in the personal, and professional conduct of
every member of the police; or the expected essence of perfection,
sympathetic, courteous intelligent, honest, and in control of his
emotions and temper, at all times. It also includes courage and
highest sense of dedication to duty.
Personal Media – it is the means of communication used
by the police as it deals with the community such as the use of
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rallies, meetings, speeches and house to house visits to the government. In the performance of duty, oftentimes a police officer is
community. confronted by complex problems brought about by the varied cultures
Barangay - is the basic political unit of the Filipino nation and practices of the people in the community. Since a police officer
that implements the policies of the national and local governments is dealing with humans, he should have interest in human life.
(1987 Phil. Constitution); sometimes referred to as the local Hence, he is obliged to build up positive relations or rapport towards
community. the people he serves. However, as generally accepted, building up
Propaganda – any information or publicity put out by an good relationship is a continuing process which requires mutual
organization (i.e., police) or government to spread and promote a respect and mutual exchange and cannot be compartmentalized or
policy, idea, doctrine, or cause. divided if it is to be effective.
Police Community Relation - the sum total of dealings
between the police and the people it serve and whose goodwill and What are the Types of Police Community Relations? The basic
cooperation it craves for the greatest possible efficiency in the elements of police community relation include the following:
service.
1. Public Information Program – This is designed to bridge
The need for Police Community Relation any communication gap between the police and public.
This is the basic among the first four programs
Some people are apathetic to the programs of the police of community relation.
because of the reported involvement of some of the officers and
members of the Philippine National Police (PNP) to criminal activities a. Duties of Public Information Officers:
and irregularities in law enforcement. Hence, the PNP needs to 1) He must be kept well-informed so that he will
strengthen its police community relations activities. understand and appreciate the complexities of
What is Community Relation? police work and the good service the police
render to the community.
In the police, community relations may mean the total 2) He must be informed that the greatest number of
dealings of the police organization as it immerses itself to the the police in the community shall benefit as much
community it serves. On the other hand, Agas in his handbook, as possible, by using mass and personal media.
Notes on Police Community Relation, stated that “community relation
is like a three-legged stool, each leg of an equal importance in b. Activities Implemented by Public Information
holding the stool upright. One leg is public relations in its traditional Officer:
sense. Another leg is community service. The third leg is community 1) Conduct of barangay tanod
participation, and this is the facet of the total community relations’ job seminars
that is being emphasized today in police and community relations 2) Inform the barangay officials
program.” regarding trends and other police community
problems
The Bases of Police Community Relation 3) Police station commanders
assign a place in police station for barangay
In the democratic concept of policing – the police is the leaders so that they can work together and
people and the people is the police , which means that every police provide coordination.
officer is mandated to protect lives and properties, preserve peace 4) Produce and distribute
and order and prevent crimes and other civil disturbances. However, brochures, advising the people on how to protect
his performance of duty is governed by the Constitution and other themselves in their homes and premises.
laws and statutes such as the preservation of the basic human rights 5) Conduct environment sanitation
and observance of the due process of law. seminars
6) Conduct troop information or
In addition, every police officer is a public servant and his educational and historical lectures in all units’
office is a public trust. Therefore, the police officer is obliged to offices of police district.
conduct himself in the community according to the standards of 7) Police officers deliver Lectures
conducts and ethics of his organization, the police organization. and Public appearance to hear civic group and
Furthermore, he should bear in mind that his authority to enforce the civic organizations.
law comes from the people’s mandate. 8) Discuss with high school
students and parents and or teachers association
What are the Principles of Community Relation? The principles of about drug abuse prevention control.
community relation are the following: 9) Conduct cleanliness, saturation
or information drive where notices of such
1. Community Support must be maintained deficiencies are issued.
2. Community Resentment must be avoided 10) Establish police counseling
3. Community Goodwill must be developed centers in zones/barangays to provide advice to
4. Community must be kept informed barangay leaders on crime prevention and
control.
What are the Objectives of Police Community Relation? From the
viewpoint of the police, Police Community Relation aims to: 2. Public Relation Program – This is designed to maintain
harmony and mutual support between the police and the
1. Maintain and develop the goodwill and confidence of the community.
community for the police.
2. Obtain cooperation and assistance. a. Duties of Public Relation Officers –
3. Develop public understanding, and support and he shall:
appreciation for the service of the police. 1) Regularly issue press releases concerning police
4. Create broader understanding and sympathy with the activities which are of public concern.
problems and needs of the public. 2) Evolve and conduct public rotation program to
5. Facilitate law enforcement and compliance. promote better and closer relations between the
6. Build public opinion in favor of the Police. police and the community.
7. Achieve the Police purpose or preserving the peace, 3) Build good image through actual commendable
protection of life and property, and the prevention of crime. performance, without inefficiency and corruption.
4) Evaluate public opinion and attitude with respect
Police Relations - Reviving the idea of “The people’s police” to the policies methods, personnel of the police
station.
As earlier discussed, the police is created by the people for 5) Plan and carry out programs aimed at keeping
the protection of the people at large against all forms of criminality the public informed on police activities.
and public disturbances and every police work is governed by the
laws that the people promulgated through the legislative body of the
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 b. Activities Implemented by Public
Relations Officers:
1) Conduct face-to-face communications including
dialogue with the public.
2) Attend social cultural activities of the barangay,
such as birthdays, weddings baptismal parties,
wake and others.
3) Attend multi-sectoral “ugnayans,” which include
religious sects, school, barangays civic
organization and governmental agencies.
4) Sending letters of appreciation to citizen whom
assists the police in their work.
5) Conduct first aid and traffic safety education.
6) Promotion of manpower development for out of
school youth.
7) Sponsorship of youth athletic activities.
8) Assist immediate in settling dispute at barangay
level.
3. Civic Action Program - This is designed to maintain and
encourage community development
a. Duties of a Civic Action Officer – he
shall:
1) Encourage and actively
participate in athletic competitive in promote
youth development by wisely coordinating with
the social elements of the populace.
2) Initiate if necessary, fund
raising campaigns for juvenile delinquents, who
are being reformed.
3) Be alert to safeguard the
community against loss and damages on
properties and possible death, in the events of
calamity.
4) Render all possible
assistance, especially to the menfolk in enabling
them obtain the means of productive endeavors
and discourage them from loitering in the street,
or engaging uneconomic activities such as illegal
gambling and others.
5) Whenever feasible, he
shall promote and actively participate in the
establishment of free medical and dental civic
action with special attention to the community.
b. Activities Implemented by a Civic
Action Officer:
1) Assist National Red Cross on blood donation
campaign by exerting extra effort in appealing to
barangay officials.
2) Conduct free medical and dental civic action
community.
3) Conduct free deworming of affected children in
depressed areas.
4) Assist citizens in case of transportation strike and
other similar cause.
5) Develop and maintain cleanliness and
beautification of surroundings.
6) Attend to backyard gardening, tree planting
projects.
4. Psychological Program - This is designed to condition both
friendly and hostile public thereby insuring and facilitating
the attainment of police objectives. This program is
designed to influence the opinions, emotions attitude and
behavior of the community so that they will behave in a
manner beneficial to the police, either directly or indirectly.
It will condition the citizenry to adhere to the laws
of the land and dissuade them in committing crime. These
may be in spoken, written, pictorial or musical form.
a. Duties of Psychological Operation
Officers – he shall:
1) Strive to mold the youth into useful and law
abiding citizens, thereby minimizing their
chances to engage in the criminal activities and
preventing them from being influenced by the
misguided elements of society.
CnD REVIEW CENTER
2) Be adequately prepared to articulate on the gains
achieved by the government in formal or informal
gatherings so that they can develop unity and
cooperation among people and neutralize any
smear campaign being wage by the elements
hostile to our government.
3) Develop an attitude of deep concern for the
individuals in his area of operation instead of
being indifferent to their problems.
4) Be instrumental in the development of civic
mindedness among the criminal offenders under
his custody by providing examples why crime
does not pay.
b. Activities Implemented by
Psychological Operation Officer:
1) Conduct seminars for barangay officials, police
civic relation officers, and school officials to
enable them to understand home defense
activities.
2) Promote seminars among barangay leaders
regarding community relation activities.
3) Identify income-generating projects/activities.
STRUCTURE COMPONENTS OF POLICE COMMUNITY
RELATION (PCR)
What is Police Information and Education?
These are communication activities utilizing the various
forms of media. These geared towards creating consciousness and
awareness among target audience on facts and issues vital to the
development of an efficient, respected, and supported police force.
The two major components are:
1. Community Information - these are activities utilizing the
various forms of media directed towards the public at large.
These are designed to increase the public’s consciousness
and knowledge of facts and issues for purpose of
enhancing law enforcement, counter insurgency and crime
prevention efforts, increasing crime solution efficiency to
include weakening of the will of the criminal elements and
insurgents and enlightening other groups of individual
critical to the government in general and the police
organization in particular.
2. Institutional Information - These are activities utilizing the
various forms of Media directed towards the public at large
designed to generate trust, confidence and popular support
for the police organization or simply enhancing public
perception and knowledge about the police as an institution
of the government.
What does it mean by Police Community Affairs?
These are activities outside law enforcement but which
necessitates PNP support and or participation. The end result
ultimately contributes to better appreciation and an enhanced support
to the police organization in whole in part by the populace. The three
major sub-components are:
1. Community Assistance and Development – these are
under taken upon the initiative of the police unit or
personnel for the purpose of enhancing life as a means of
drawing the support, appreciation and support of the public
to wards the police organization. Examples are:
a. Skills, Livelihood, and Cooperative Development.
b. Sports and Socio-Cultural development.
c. Medical, and Dental Outreach Services.
d. Tree Planting.
2. Community Inter-Relations - these are under taken upon
the initiative of other government agencies, non –
governmental organization, and or individual citizens
whereby a police organization or personnel actively
contributes time, money and or service as a means of
drawing the support, appreciation, and cooperation of the
public towards the police organization in whole in or part.
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 3. Community Organization and Mobilization - these are
activities revolving around the accreditation of existing
groups or creation of new ones with the end in view of
having allies within various sectors in the community who
could be tapped to assist in the conduct of law services,
community works and the like.
Comprehensive PCR Plans
The two major components of the plan are Internal Reform
and Gaining of Institutional Support. Both aims to improve the image
of the PNP and re-assure the general public that they can depend on
the police organization to be their protector and guardian in order to
hasten and facilitate community mobilization for anti-crime efforts.
The following institutions shall be the priority target in internal reform:
1. Congress - Being the law making body, it is one of the vital
governmental institutions that can support the police
organization. The police organization must muster enough
support from Congress so that laws needed to enhance its
capabilities to safeguard peace and order of the community
and ensure public safety as well as laws on organizational
development and modernization maybe enacted.
2. Liaison Office
a. Organization Level Liaison: The Directorate for PCR.
shall maintain a liaison office with Congress whose
main task is monitor, get the pulse, actively interact
and possibly influence lawmakers on matters affecting
the police office. Since relationship with this institution
must be symbiotic then this office shall also be
responsible in giving general, special, technical
assistance to Congress as pertains to the police
office.
b. Top Hierarchy Level Liaison: Top leadership of the
command shall conduct regular FACE to FACE
dialogues with key members of the Congress as well
as different Congressional Committees handling
police affairs in order to present for their appreciation
and support on matters affecting the police office.
c. Special Individual Liaison: Monitoring and Assessment
of activities and special activities of general liaison.
3. The Media - This is unquestionably most powerful
instrument in forming public opinion. Specific activities to
be taken with respect to this institution include:
a. Development of guidelines on Media–Police
relationship. This guideline shall form the basis of the
organization as well as of its individual personnel
dealing with the media.
b. Providing timely and accurate information through
press releases, regular conference, daily bulletins,
and attendance to talk show and similar programs.
c. Giving the media reasonable accessibility to source of
information in accordance with the existing security
regulations.
d. Improvement of rapport with media through non- law
enforcement activities such as sports, outing parties
and the like.
e. Giving of special awards by the police office to
deserving media personalities.
4. The Church - The opinion of church leaders carries much
weight among the religious. It need not underscore that a
pastoral letter read through out the country carries great
impact.
a. Liaison with important church personalities.
b. Monitoring and assessment
c. Special activities
5. The Students and the School – one of the potent allies of
the PNP when properly exploited through:
a. Effective liaison with key school authorities
b. Monitoring and assessment
c. Involvement and support in different school activities
such drug education program, crime prevention
program, immunization and vaccination program,
organization of Junior Police, and medical or dental
CnD REVIEW CENTER
outreach program in coordination with Commission on
Higher Education (CHED), Department of Education
(DEPED, and Department of Health (DOH).
6. The Non-Government Organizations – These are socio-
civic organizations involved in the uplifting the welfare of
the public through varied programs and activities that
support the endeavors of the government. They could also
help in the building of the image of the police.
a. Identification/assessment of existing NGO.
b. Liaison with the NGO.
c. Mobilization of NGO in support of police programs and
projects.
What are the Public Information and Propaganda Operations?
1. On Internal Security - There shall be intensified information
on evils of the ideology and actual terrorist operations
through regular issuance of press releases.
2. On Crime Prevention and law Enforcement - There shall be
sustained information drive on how the public can reach
public assistance and the utilization of the tri-media on
modus operandi safety and the like.
3. On Public Safety – these are:
a. Intensified information drive on pre disaster
preparedness;
b. Support information drive on how to get government
assistance when affected by calamity or disaster; and
c. Intensified information campaign to generate
awareness and sympathy for the victims of calamities
and disasters with the aim of gaining relief and other
support to them.
Conducting Internal Reforms Thru:
1. Continuous Values Orientation and Skill Development of
Personnel: Intensification of police education and values
orientation; and Internalization of the Code of Ethics and
Professional Standard of the police, moral and spiritual
values and basic courtesies relative to Law Enforcement.
2. Unrelenting clean up of the organization of misfits, criminal
elements, and leaders with low potential. These can be
done by the continuous investigation, suspension or
dismissed of misguided and erring police level at all level.
3. Unrelenting effort to brighten up the physical appearance of
the police facilities and vehicle. Sprucing (make neat and
tidy) up of all police station or offices to create a public
friendly atmosphere therein and the exercise of proper
care.
Feedback and Evaluation System – One method of determining
whether individual police officers are performing their tasks well is
through feedback and evaluation which considers the following:
1. Unit Visitation - involves the conduct of scheduled and run
scheduled visits to check performance, appearance, and
behavior of police personnel and the state of police
facilities and vehicles.
2. Surveys – involves the conduct of random surveys by the
PR (public relation) or private agencies to determine the
public perception of a particular police unit or office.
3. Records – involves the submission and analysis of periodic
reports and special reports by police units as required.
4. Interviews – involves the conduct of casual and or
structured interviews of selected individuals who can
provide insight on the current state of police community
relation.
5. Media Analysis - involves the monitoring of reports, stories
commentaries printed or aired by mass media practitioners
to determine perception of individuals who are considered
as effective molders of public opinion.
What are the Effects or Impacts of Poor PCR to the Public?
Poor PCR programs cause the public:
1. not to report the occurrence of crime;
2. not to come forward and provide information;
3. not to assist in apprehension of criminals;
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 4. not to be supportive of police activities;
5. not to testify in court voluntarily; and
6. to even aid the criminals.
Poor Police Community Relation makes the police to:
1. become less judicious and less discreet;
2. be reluctant to act on some matters needing police action;
3. induce unnecessary use of force;
4. induce verbal abuse;
5. induce improper practices;
6. feel isolated and unhappy in his community; and
7. diminish his sense of fulfillment.
Why Public Support is needed?
Public support is needed to make it easier for the police to
accomplish their task successfully.
PUBLIC RELATION
This is a program designed to make the public aware of
what the agency is doing, why is it doing, and how it contributes to
the welfare of the community.
What are the Types of Public Relation?
1. Public Awareness Programs - familiarizing the public with
the true nature of police operations. This includes:
a. Mobile Vans - Variety of displays and exhibits of police
equipment, which help to explain to the public, what
the police do and how they do it.
b. Displays and Exhibits - Set up in department stores,
shopping centers, and other public locations are
popular ways in which the police can bring their
messages to the public.
c. Informative Materials - Distribution of pamphlets or
brochures designed to explain their services to the
public.
d. Open House - Public tours of facility conducted during
certain times of the year such as police week, or law
observance week.
e. Public Speakers - Providing speakers for various
types of public gatherings such as civic clubs,
businessmen, associations and social groups.
f. Ride Along - Permits number of the community, to ride
in a police car with an officer and observed field
operations.
2. Informational Programs - providing the public with
information which is directly related to the interest and
needs of the community. This includes:
a. New Arrivals - Making some members of the
community feel at home in their new surroundings.
b. Traffic Advisory Reports - Coordinate with the
media in announcing important traffic matters such as
road accidents, highway construction and traffic
congestion.
c. Informational Bureaus - Information about such
things as renewal of drivers license, payments of utility
bills, availability of legal services and other items.
d. Informational Brochures - Provide the public with
booklets, pamphlets, and other types of publications,
which contain information of community interest.
3. Image Building Programs - promoting programs which are
designated to create a more favorable public image of the
police. This can be achieved through:
a. Citizens awards
b. Police Color Guard
c. Police Citizens Luncheons
d. Operational Handshake
e. Recruit Visitation Programs
f. Community Events
g. Gifts Packages
What are the duties of the Public Relations Officer?
1. To evaluate public opinion and attitudes with respect to the
policies, methods, and personnel of the police station.
CnD REVIEW CENTER
2. To advice 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 provide staff supervision of all police activities that may
influence public support.
Foundation of Public Relations - They are basically founded on the
GOLDEN RULE: “Do not do onto others what you do not want
others unto you.” In addition, public relations are founded on the
following:
1. Give before you seek to get
2. Give what is due to others.
3. See the other person’s side
4. Respect, so you would be respected.
INDIVIDUAL PUBLIC RELATIONS
As individuals, police officers shall also develop personal
relationship with the public which is divided into the following
categories:
1. Domestic Relations - This consist of a person’s
dealing with his family, parents and immediate relatives,
with whom he has to have good relationship in order to
develop a respectable family prestige as well as cordial
community relations.
2. Neighborhood Relations - This consist of a
person’s dealing with neighbor who constitute a vital link to
good reputation in the community
3. Community Relations - This is made up of a
person’s dealing with the citizens of the community, city or
town where a person likes. These also include his
membership or contributions to civil undertakings and his
membership or contribution to the civic organization or
community associations in the locality.
4. Church Relation - This consists of a person’s
dealing with religious affiliation that is necessary for the
stability of moral principles.
5. Government Relations - This is made up of the
dealings, which a person has with the government and its
various instrumentalities. The recognition of government
authorities, its laws and ordinance, as well as other public
responsibilities, are significant phases of an individuals
public relations.
PROFESSIONAL PUBLIC RELATION
In the practice of his profession, a police officer shall
observe a professional conduct which is divided into the following
categories:
1. Inter-Departmental Relation - This is made up of the peace
officers relations with the officers and men of his own
department, his supervisor, the station commander, as well
as the city/municipal mayor where he is assigned.
2. Citizen’s Relation - This includes all dealings or contact
with the citizens in relations to the enforcement of the law
and the maintenance of peace and order, together with the
giving of information to the public on criminal and non-
criminal activities.
3. Complainant Relations - This includes how officer deals
with complainants, the techniques of interview he uses, the
manner of approach he adopts, and the treatment of
witnesses and informers.
4. Relations with Accused Persons - This covers the
proper treatment of suspects, the recognition of their
constitutional rights during custodial investigation and the
handling of accused persons during confinement.
5. Relations with Prosecutor - This includes a police officer’s
duty to cooperate during preliminary investigations and the
gathering of further pieces of evidence once the fiscal files
the case.
6. Judicial Relations - This consists of the peace officer’s
duties toward the courts when appearing as a witness and
the honesty of his testimony.
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DEALING WITH COMPLAINANTS – Police officers when dealing
with complainants shall observe the following:
1. Receiving Complaints - When a
citizen calls at the police station or approaches a
policeman on the streets to make a complaint, he should
be accorded a suitable reception. The police office must
adopt an attractive manner; his attitude alert, his face and
voice pleasant, and he must appear interested in the
subject at hand. Timid citizens often dread police officers;
they should make great effort to place these timid citizens
at ease.
2. Complaint Desk Officer - The
complaint desk officer should be alert at his desk and avoid
ignoring a timid citizen. As soon as he sees a person
approaching, unless he is busy with another citizen, he
should immediately offer his service by posing a simple
question such as “May I do something for you, Sir?” to
demonstrate his sincerity. If possible, there should also be
a woman employee at the desk to handle complaints from
women who may be timid about approaching a male
officer. This employee need not be a policeman; a clerical
employee may be stationed at the complaint desk for this
purpose.
3. Attention to the Complaint - A person
who approaches a policeman for assistance should be
given ample opportunity to tell his story. The officer can
sometimes assist with intelligent questions, evidence of
sympathy, and assurance of aid. But he should not
needlessly interrupt the explanation of the complainant.
4. Receiving Complaints and Criticisms
against the Police - Complaints should be referred to the
proper authorities for audience or if permitted, the officer
may refer the complaint immediately to his superior officer.
Sincere citizens sometimes make an earnest effort to offer
information and suggestions of value to the police. These
should be accepted in the spirit in which they are offered,
with graciousness and appreciation even though the
subject matter may be infuriating.
5. Legitimate Complaints against the
Police - The police station itself influences the attitudes of
both the police and the public. The public does not react
favorably to an ill smelling dark, poorly kept, and (human)
unclean police station; neither to the police officers
themselves. While the police may have little choice in the
location and arrangement of their headquarters they do
have the opportunity and the responsibility to maintain
them in a clean and presentable condition. Paint of a light
color can usually be obtained and trusty labor is usually
available for painting, cleaning, and janitor services.
GENERAL RULES ON OFFICIAL CONDUCT – All police officers
shall adhere to the following in the performance of their duties:
1. Policeman shall be habitually courteous. They shall
recognize their responsibilities as public servants and shall
be particularly attentive to citizens who seek assistance or
information or who desire to register complaints or give
evidence.
2. They shall accept their responsibility to the public by being
punctual in their engagements and expeditions in the
performance of their duties.
3. They shall regard their office as a public trust, and in the
discharge of their duties, be constantly mindful of their
primary obligation to serve the public efficiently and
effectively.
4. They shall administer the law in a just, impartial and
reasonable manner; and not accord to some, more
reasonable manner; and shall not accord to some, more
treatment than to others. They shall recognize the
limitations of their authority and at no time use the power of
their office for their own personal advantage.
5. They shall be true to their obligation as custodian of public
property and shall bear in mind that the misuse and waste
of money from the public treasury is bad.
6. They shall not limit their effectiveness in the administration
of their office by accepting tokens of gratitude, or by giving
preferential treatment to certain corporations with whom
they may have official dealings.
CnD REVIEW CENTER
7. They shall cooperate fully with all other public officials to the
end that the safety and general welfare of the public will be
assured. They shall not permit jealousies or personal
differences to influence their cooperation with other
agencies.
8. They shall add to their effectiveness by diligent study and
sincere attention to improvement. They shall welcome the
opportunity to disseminate practical and useful information
relating to matters of the public’s safety and welfare.
9. They shall so conduct their public and private life that the
public will regard them as examples of stability, fidelity and
morality.
10. They shall bear faithful allegiance to their government, and
be loyal to their profession. They shall accept, as a sacred
obligation their responsibility as citizens to support the
Constitution of the Philippines; and as public officials,
consider the privilege of defending the principles of Liberty
as defined in our Constitution and law. This is the greatest
honor that may be bestowed upon any man.
COMMUNITIES IN COMMUNITY RELATIONS
In PCR, the police is not actually dealing with a single
community but rather to various communities with distinct
characteristics. These communities could be categorized into
External and Internal Communities.
The External Communities
1. Justice Community - Other police agencies, courts, and
correctional departments existing at many levels of
government are a part of the justice community with which
police must interact. The nature of the relationship
between police and members of the justice community has
a direct impact on police effectiveness in achieving their
goals.
2. The Human Services Community - The human services
umbrella includes many public and private and social
service resources, mental and health general services,
media civic and religious groups and educational services.
3. Citizens and the Police - Peel’s principles state “the police
must secure the willing cooperation of the public in
voluntary observance of the law to be able to secure and
maintain public respect”. Part of the police community
relations is the understanding of the public the police serve
and having the public understands the police. That is no
easy task. The public is many people with many varying
needs and hopes, who live in a changing society and bring
to that society conflicting values and cultural rules. The
police agency is relatively closed, somewhat secretive, and
vague as to what the police role and the citizen role should
be.
Internal Communities
1. Personal Support Community - The officer’s support
groups, both in the sense of family system and close
personal relationships, affect the officer’s perspective and
effectiveness. The officer has an impact on the support
group as well. This relationship may be one of the most
critical in determining the officer’s ability to cope with the
human experience of being a cop. It may also determine to
a large degree how the individual officer will relate with
other communities
2. Police Community - The police officer as a
member of the police structure must also be considered. It
is this community that can determine whether police –
community relations outside the agency will be supported
or undermined both as a matter of policy and practice. The
first positive relationship that must be formed effective
community relations in a larger sense is to be
accomplished within the agency itself.
MAINTAINING TRUST AND PUBLIC CONFIDENCE
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 The police should be people oriented to recognize the
divergence of people and yet capable to working together with them
of a common good. Being good is not enough. A police officer must
show it by the way he performs his job and by the state of discipline
of every officer and men in the police station or similar unit. The
command must increase the personnel assigned to patrol division in
line with the police visibility program and to make them available to
provide police assistance at any time. Requesting the community to
assist in identifying the scalawags in uniform as a basis for giving
immediate disciplinary action against them is another way of gaining
support from the community. The policeman should closely
coordinate with the business community to identify areas where
police presence is needed. Conduct of in dept study and to initiate
the immediate assignment of police to every barangay must be made
to serve the police needs and to call upon residents.
Police Character
The police program of growth includes the development of
the essential attribution of all its members. Every police thus:
 Shall be loyal to the service, which he belong and is proud
of.
 Shall be sympathetic and display the ability to feel the
suffering of other people.
 Shall be confident in his ability to know the job and do it
well.
 Shall disposed of and act on all cases correctly.
 Shall guard himself against rash judgment from opinion in
advance.
 Shall be courteous to the community at any place and on
any occasion.
 Shall demonstrate strong faith in what he is doing.
 Shall not sulk in the face of danger but with his mental
conviction and physical strength.
 Shall maintain an attitude of enthusiasm, dedication, zeal
and pride in his work.
 Shall be tactful in his dealing with people of the community.
 Shall be firm and unyielding but not officious in dealing with
people.
 Shall be serious and purposeful but not officious in dealing
with people.
 Shall genuinely be interested to his task.
 Shall avoid unwarranted practice or situation that will
endanger him.
 Shall be patient when the situation demands.
Police Moral and Esprit de Corps
The police build their reputation upon favorable community
relationship and express by community confidence and the continued
constructive accomplishment is only possible when the internal
strength of the organization is assure.
When the members of the police organization show pride
of belongingness to their organization (or esprit de corps)
consequently, their morale is high. It follows also that they manifest
genuine loyalty and noble faith in the policies and objective of their
organization.
Exemplary Conduct
Exemplary conduct or conduct worthy of emulation is
another way of maintaining public trust especially so that the
community demands more than the ordinary acts. A police as a
public officer loses his private life because whether he is on or off
duty, he will be under unrelenting scrutiny and critical analysis by the
community.
The police by reason of their specific responsibilities are
bound to more exacting code that any other public servant.
Delinquents in conduct that pass unchallenged when committed by
other public officials are acts that are accepted as common place in
judging the conduct of the citizens but are adjudged as reprehensible
when committed by policeman.
Police Officer’s Compassion and Understanding
CnD REVIEW CENTER
In the performance of his duty, a police officer looks no
requirements. He should fairly serve regardless of the personality of
the person whom he deals with. Further, even the seriousness of the
problem should not be a factor whether to serve or not to serve.
Sometimes, a person with personal problems approaches police
officers. And in dealing with personal problems, it is imperative that
matters of such of vital personal importance be approached with
understanding, compassion and magnanimity
Police Influence over the Community
The community looks upon policeman as representative of
the authority of law. It is obvious therefore, that influence of the
policeman over the community is increased by reason of the
authority they personify. People under stress or influence of
excitement are more susceptible to the influence of external stimuli
than they would be under normal circumstances. They are likely to
be more readily influenced by the action of those with whom they
come into contact. Policeman must be careful that the influence of
their authority does not become oppressive in their relationship with
the community particularly in situations of stress and excitement.
Police Practice of Courtesy
Practicing courtesy involves much more than friendliness.
To appreciate sincerity and habitually performed acts of courtesy
requires cultivation of appearance, voice, manner, intelligence
humor, temperament and unselfishness that are easily appreciated
by the people. All of these factors co-mingle in the production of a
gentleman in principle and in conduct. Compassionate but firm and
earnestly interested without being over solicitous. Irregardless of the
nature of the task, a policeman must continually practice courtesy;
they cannot be made as an exception. Disagreeable duties must be
performed willingly and unpleasant orders obeyed cheerfully. Flares
of temper, sarcastic criticism and moodiness have no place in the
conduct of a good policeman.
Proper Treatment of Law Violator
Numerous contacts with anti-social persons are likely to
cause the policeman to assume an attitude of veneer hardness. They
often entertain erroneous belief that courteous treatment of law
violators is an indication of weakness. They will say that criminals are
not entitled to the treatment accorded to a gentleman. A good
manner in the treatment of any law violator is not indication of
weakness.
Policeman may be firm and exacting in the enforcement of
the law, there may be strict and relentless in their relationship with
the offender that come under their control, yet remain propitious and
gentlemanly in their bearing. The fact that a criminal, by reason of
depravity or because of his anti-social acts has not earned the
respect of his fellow men has no bearing upon the conduct of the
policeman with whom he is brought into contact. When a policeman
resorts to ungentlemanly treatment of criminals, they do not alter the
status of the criminals in any ways; they only lower their own social
status to the same level of the criminals.
Police Leadership
True leadership is personal and it is a psychological
balance showing a well-integrated personality. There are no
characteristics that combine in the personality of a true leader,
because individuals differ in their viewpoints and reaction. However,
the qualities that seem most common on persons who command
public respect and confidence are those that rate highly in influencing
positive character of his men. It goes with these qualities the maxim,
“true leadership is influencing others to perform well.”
Police Practice of Self Confidence
Self-confidence is faith to oneself, and it is predicated upon
knowledge, still in applying knowledge, and in the ability and
willingness to pass one’s knowledge for the benefits of the others.
Self-confidence is in fact a state of mental satisfaction that arises
from being able to put the possession of knowledge to constructive
use.
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Police Practice of Self Sacrifice
Self-sacrifice is a fundamental trait to true leadership. It is
inescapable fact that to contemplate a situation without bias requires
first a complete subordination of self. Effective police work requires
the utmost self sacrifice; policemen who are selfishly impressed with
their authority cannot succeed as leader.
Paternalism
Paternalism as a quality is found in policeman who is
mindful of the welfare of other. It is basic to police leadership
because community welfare is the primordial responsibility of the
police. Harmonious relationship between the police and the
community depends, to a great degree, upon paternalistic influence
that enters in the shaping of community policies.
Fairness and Honesty
Fairness and honesty are qualities that have universal
appeals. Preponderance of community criticism against police
authority is occasioned by reason or partiality and unfairness in
exercising police function. Impartial application of laws and
regulations, fairness and honesty in exercising the police authority
are powerful force in insuring community respect for Police service.
Decisiveness
Initiative and decisiveness are characteristics traits of man
who acts correctly and at the proper time. The ability to act decisively
and correctly is a manifestation or thorough preparation and interest
in the appreciation of the task at hand. The policeman’s knowledge,
mental alertness and judgment all enter in the development of this
very desirable trait.
Personal Dignity
Personal dignity is indicative of a policeman’s appreciation
of the honor of his position. It is an excellent manifestation of his
“esprit de corps” and is a powerful factor in creating community
respect. Policeman who are paternalistic in their concern for
community welfare, sympathetic in caring for citizens in distress, are
calm and dignified in their community relationship citizens they serve.
Physical and Moral Courage
The community assumes that policemen are physically
courage, yet true courage is not thoroughly understood by most
citizens. It is a common misapprehension to consider reckless
disregard of danger as a manifestation or courage and bravery. True
courage is that state of devotion to duty that will give policemen the
moral stamina impelling them to the performances of duly even in the
face of full knowledge of the dangers involved.
More than physical courage, the community demands
moral courage, the kind of courage that enable policemen to take it
on the check to assume the responsibility of their office without
quibbling, bravery stand up for their conviction without attempting to
shift or evade the personal criticism. Moral courage is synonymous
with integrity.
Moral Ascendancy
Moral ascendancy is the influence that one-person
exercise over a group of persons by reason of exemplary nature of
his character. It arises out of withstanding the hardship and difficulty
of the work, sincerity of purpose that manifest in willingness to
personally adhere without equivocation, and to the same standards
of conduct that he is duty bound to enforce upon other.
Policemen are particularly vulnerable to community
criticism, for lack of this quality, they must be able to control their
emotion, temper, their likes and dislikes, physically able to withstand
hardship without complaint, and able to effectively conceal their
worries.
Moral ascendancy is not important in evaluating the
effectiveness of commanding officer in the police service. The moral
force or lack of it in commanding officer is reflected in the very
character of policemen under their control, and obviously become an
important influence in the community appraisal of police service.
CnD REVIEW CENTER
Commanding officers cannot maintain their leadership over
the subordinates, if at any time they are place in position of moral
embarrassment. Questionable character of a leader in the
community service reflects all members of the group. The final
measure of moral ascendancy is found in the true character of the
individual, by the example he sets in his own living.
Dependability and Punctuality
The public has the right to demand the same guarantees in
the manner of its safety as all exacts for the protection of public
health. The public is concerned with emergency situations that
require immediate attention and effective treatment. Police service if
it is to be of any value must be dependable. The policeman should
be able to serve at the right place at the right time. All the skills and
abilities that policemen possess are of little value unless he can
defend upon to apply his skill at the proper time. Punctuality is not
only important in relationship with the public but it is also essential in
routine activities as well. The rendition of report, appearance in court
and cooperation with colleagues and other law enforcement agencies
are responsibilities that can be relied upon if properly implemented.
Policeman shall accept their responsibilities to the public by
being punctual in their engagements and expeditions in the
performance of their duties. Thus he must:
 Promptly carry out every duty to which he is assigned.
 Be punctual, attentive, accurate and unselfish
 Accept the fact that punctuality involves more than
reporting to work at time; it involves every detail of the
policeman’s daily activities.
Attitude in Trial Court
Aside from proper attire, police officers when attending
court sessions in whatever capacity should also observe the
following behavior while in the witness stand:
1. He must say nothing but the truth.
2. He must be calm.
3. He must be prepared.
4. He must be courteous.
5. He must be natural and straightforward.
6. He must maintain his temper.
7. He must be attentive to the questions to be hurled or
asked.
8. He must speak loudly enough to be heard.
9. He must be conscious of his personal appearances.
Appearing as a Witness
Witness in Criminal Case – A policeman shall, when
subpoenaed as a witness in a criminal case, promptly notify their
immediate chiefs. No members of the PNP shall be a witness in such
capacity without the service of a proper subpoena.
Witness in Civil Case - No member of the PNP shall testify
in civil cases unless summoned to do so by proper authority.
Action After Court Attendance - A member of the PNP
attending any court session under subpoena/summon or other
processes as a witness, shall after having been released there from
for the day, immediately report to their superior officer.
POLICE APPEARANCE AND THE COMMUNITY
Police Personal Appearance
A police officer’s personal appearance speaks well of his
department. To ensure positive opinion to his department or
organization, he should observe the following:
 He shall be properly attired and equipped
whenever he appears before the public.
 He carries with him only the prescribed regulation
weapons and other related items.
 He shall dress moderately and of good taste if
and when they must wear civilian clothes.
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  He must maintain good posture and grooming.
 He must see to it that his uniform is clean and
properly maintained.
Police Satisfactory Uniform
A satisfactory uniform, comfortable for the officer and
pleasant to the eye is important. Attractive snappy uniforms
influence the moral of the policeman as well as the “Esprit de Corps”
of the entire police force. A policeman should be kept in a condition
of good health and cleanliness and not to be permitted to become
wrinkled or stained. He should have at least two uniforms to facilitate
and maintain cleanliness.
Police Personal Cleanliness
Personal cleanliness is very important in dealing with the
community. Hence, a policeman should:
 Be required to shave daily and to have their hair cut
regularly.
 Have frequent bath.
 Have clean fingernails and other parts of the body.
Periodic Inspection
These factors of personal appearance and their effect on
the community justify among others, the periodic inspections of the
force. Attention should be given in such inspections not only to
hearing, address and equipment, but also on the aspect of personal
cleanliness just mentioned.
Policemen Mental Attitude
The attitude of police officer is quite important as his
physical condition and appearance because it determines his
conduct and reaction to the community. His attitude is reflected in his
facial expression, voice, word used and actions. Therefore:
 He must be friendly and show willingness to serve.
 He must not forget that he is a Public servant,
appointed for the role purpose of serving the
community.
 He must not give an impression of haughtiness,
aloofness, officiousness or condescension.
 He must refrain from sarcasm and flippancy.
 He must develop pride in his organization
 He must be proud that he is an officer and conduct
himself with the dignity of that officer.
Policemen Habits and Conversation
 Police officer must avoid subjects of smutty or
questionable nature.
 Police officer must establish habits of conversation,
which are pleasing to the listener and avoid giving
offence by the subject matter or the method of
presentation.
 He must watch his diction and his English; he should
test the falls of sloppy habits of speech. The attitude of
Police officer is quite important as his physical.
 Should keep his hands out of his pockets, whether
engaged in conversation or otherwise.
Although these items may seem of little consequence, and
perhaps in more fundamental analysis may be relatively unimportant
but most policemen are judged by their language and conversation.
Policemen Personal Habits
The personal habits of the individual police officer strongly
influence the attitude of the community towards the police. Thus:
 He should avoid restless habits such as tapping his
finger or feet, whittling or other evidence of
nervousness.
 He should not permit himself to develop such
unpleasant personal habits such as, hawking and
spitting, smoking while on duty in public place.
CnD REVIEW CENTER
 He should not smoke when speaking to a citizen.
Smoking habits that are offensive to the public should
not be permitted whether on the street or
headquarters.
Policemen should avoid Evil Doings
The policemen must not only avoid evil, he must also avoid
the appearance of evil. Thus:
 He should be careful to avoid questionable associates
and to spend spare time and obtained his recreation in
the company of those whose character and reputation
are irreproachable.
 He must avoid controversial questions, those dealing
with religion, politics and the laws.
 He must avoid domestic difficulties more assiduously
than the average citizen.
 He must abstain from drinking intoxication beverage to
excess.
 He shall not engage in any form of gambling except
those allowed by law:
 He should avoid entering any house reported as being
of ill-repute and other vice dens.
 He shall not buy nor use or process smuggled
products.
 He shall avoid accepting any fees, rewards or gifts of
any type, for any service rendered in the performance
of his duty other than his authorized salary or shall
use his position for material consideration.
 He should avoid “bad habits” celebrating Christmas,
New Year and other occasion by firing their guns.
POLICE HEADQUARTERS AND THE COMMUNITY
It was mentioned that the appearances of a police
station/headquarters influence the attitude of both the police and the
community. This can be further attained by the observance of the
following guidelines.
Appearance of Police Station
The station/headquarter must have a business like
appearance, unsightly trash eliminated; thus, the police station/
headquarter must have the following appearance:
 Must have presentable view inside or outside.
 Must possess a well keep office that is worthy of the
discipline of its force, honor ideal of Law enforcers.
 Must be strict in anti-littering /smoking campaign in the
building or grounds and police equipment shall be
maintained properly.
 Trashcan shall be available and comfort room shall be
clean and free from foul odors.
 Must be identifiable and the desk shall bear the name
of the policemen for public convenience and
information.
Policemen at Station/Headquarters
The police station/headquarter should not only maintain a
high standard of efficiency, but it should give an appearance of
efficiency. This is created by a business like attitude and conduct on
the part of the policemen. Thus, the policemen must avoid the
following attitude:
 Policeman should not roughhouse among themselves
in public view.
 They should restrict their activities to the assembly
room or those sections of the station reserved for their
rest of reaction. Otherwise the public may conclude
that they are lofting while on duty.
 He shall not in the station/office or elsewhere while on
duty, drink any intoxicating liquor or take prohibited
drugs or report to duty under the Influence of liquor or
prohibited drugs; or habitual drunkard to the prejudice
of his duty.
 Police should not indulge in loud, boisterous talk that
can be heard by the public.
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  They should avoid an appearance of idleness and
create an impression of business like efficiency.
Police Telephone and the Citizen
Telephone to the police station/office is very important
since a person’s life, property and liberty may be at state because
the telephone operator is the first contact with the police department,
it is important that the conversation is pleasant and satisfactory as
possible.
Police Telephone Greeting
It is important too, that the police operator gives attention to
his manner of speaking over the telephone. His greeting should be
crisp and business like, to manifest alertness and willingness to
serve, rather than show indifference. Some police departments
require the policemen to follow this greeting “hello police department”
with statement of his name. But most persons who call the
assistance of the police are of interested in their personalities but
only in prompt service. As a general rule they are in hurry, they want
service at one, with the least possible delay. Hence, it is not
advisable to inject the name of the police, since the simple greeting
“hello police headquarters/station” and then give all needed
information would be enough.
Immediate and Courteous Reply
Incoming telephone calls to a police headquarters/station
deserve immediate and courteous reply. Promptness is important in
the police service. Persons who call for the assistance of the police
usually do it to register a complaint. They are emotionally upset and
easily annoyed. If under this condition, the wait for a protracted time
happens before receiving a response to their call, they become
justifiably disgruntled.
Clear Enunciation/Diction
A policeman should meet the following criteria for efficient
telephone conversation:
 Policeman should speak with deliberate care and
clearances into the transmitted.
 Policeman should have a good diction and expression
of courtesy.
Attitude in Receiving Calls
 The complainants shall be given a feeling of
importance regardless of the triviality of the complaint.
Acts of kindness like giving the complaint a seat would
be long remembered and appreciated though it may
seem unimportant.
 The police interview should be quick to detect where
the real problem lies and allow the complainant
enough time to narrate his grievances.
 Good police poise with pleasant voice should be
adopted in order to gain confidence.
 After complying with and directing all necessary
actions on the complaint, the policeman shall thank
the citizen in a spirit of appreciation for his cooperation
in bringing the matter to their attention.
PHILIPPINE CRIMINAL JUSTICE SYSTEM
What is the Criminal Justice System?
The Criminal Justice System (CJS) is the machinery which
society uses in the prevention and control of crime. The process is
the totality of the activities of law enforcers, prosecutors, defense
lawyers, judges and corrections personnel, as well as those of the
mobilized community in crime prevention and control.
What are the major components of the CJS?
 Police or Law Enforcement
 Prosecution
 Courts
 Corrections
 Mobilized Community
CnD REVIEW CENTER
What are the functions of the major components of the CJS?
 To prevent and control the commission of crime;
 To enforce the law;
 To safeguard lives, individual rights, and properties;
 To investigate, apprehend, prosecute and sentence those
who violated the rules of society; and,
 To rehabilitate the convicts and reintegrate them into the
community as law-abiding citizens.
How does the CJS Operate?
The first four pillars, i.e., law enforcement, prosecution,
courts, and corrections, pertain to the traditional agencies vested with
the official responsibility in dealing with crime or in crime control. The
community pillar is the most broadbased. Under the concept of a
participative criminal justice system in the Philippines, public and
private agencies, as well as citizens, become a part of the CJS when
they become involved in issues and participate in activities related to
crime prevention and control.
The Police or Law Enforcement Pillar
The first pillar consists mainly of the Philippine National
Police (PNP). The work of the PNP is the prevention and control of
crimes, enforcement of laws, and effecting the arrest of offenders,
including the conduct of lawful searches and seizures to gather
necessary evidences so that a complaint may be filed with the
Prosecutor’s Office.
Prosecution Pillar
The second pillar takes care of the investigation of the
complaint. In the rural areas, the PNP may file the complaint with the
inferior courts (i.e. the Municipal Trial Courts or the Municipal Circuit
Trial Courts). The judges of these inferior courts act as quasi-
prosecutors only for the purpose of the preliminary investigation.
Once a prima facie case has been determined, the complaint is
forwarded to the City or Provincial Prosecutor’s Office which will
review the case. When the complaint has been approved for filing
with the Regional Trial Court, a warrant of arrest for the accused will
be issued by the court once the information has been filled.
Courts Pillar
The third pillar of the CJS is the forum where the
prosecution is given the opportunity to prove that there is a strong
evidence of guilt against the accused. It is also in the courts that the
accused is given his “day in court” to disprove the accusation against
him.
The Constitutional presumption is the innocence of any
person accused of a crime unless proved otherwise. This means
that the courts must determine the guilt of the accused – beyond
reasonable doubt – based on the strength of the evidence of the
prosecution. If there is any reasonable doubt that the accused
committed the crime, he has to be acquitted. The Rules of Court,
however, provides that the accused can be convicted of a lesser
crime than the crime he has been charged with in the information.
But the elements of the lesser offense should be necessarily included
in the offense charged, and such lesser crime was proven by
competent evidence.
COURT is the entity in the government organized for the
proper administration of justice at the time and place prescribed by
law. It is an entity in which a portion of the judicial power is vested.
The court is situated between the prosecution and correction, the
court is the centerpiece of the five pillars in our criminal justice
system. The court is an organ of the government belonging to the
judicial department whose function is the application of the laws to
controversies brought before it and the public administration of
justice. As such, the court performs, perhaps the most important role
in the administration of justice because:
1. It is the court that everyone turns to for justice.
2. It responsible for applying the criminal law against the
offenders who commit crimes, but at the same time
protecting the same law violators from the violations of the
rights by criminal justice agents.
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Example: Police
The court, as the third pillar of justice is looked upon as:
1. The final arbiter of justice.
2. The front line defender of democracy, freedom and human
dignity.
3. The only institution capable of identifying and maintaining
the proper balance between the conflicting rights of the
individual and those of the state and society.
Court Distinguished from Judge
Court Judge
The court is an entity The judge is a person
appointed to a court
The court possess the The judge may come
element of stability and and go anytime
permanency
Function of Court
The primary function of a Court of Justice is the
dispensation of justice. In the performance of this function, the court
decides actual controversies brought before it, and interprets the
laws of the state.
Criteria for the Administration of Justice
Rule 135, Section 1 of the Rules of Court provides that
“Justice shall be impartially administered without unnecessary delay.”
Impartial administration signifies the courts will try cases without bias
or prejudice, the judge acting objectively at all times. The term
“without unnecessary delay” means that the relief sought by the
action must be accorded immediately, provided the parties have
been given their day in court.
Regular Courts in the Philippines
A. Supreme Court (SC)
B. Court of Appeals (CA)
C. Regional Trial Courts (RTC)
D. Municipal Trial Courts (MTC)
Metropolitan Trial Courts
Municipal Circuit Trial Courts (MCTC)
E. Sandiganbayan (SB)
Corrections Pillar
The fourth pillar takes over once the accused, after having
been found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be turned over to
a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits
of parole or executive clemency once he has served the minimum
period of his sentence. When the penalty is imprisonment, the
sentence is carried out either in the municipal, provincial or national
penitentiary depending on the length of the sentence meted out.
Community Pillar
The fifth pillar has a two-fold role. First, it has the
responsibility to participate in law enforcement activities by being
partners of the peace officers in reporting the crime incident, and
helping in the arrest of the offender. Second, it has the
responsibility to participate in the promotion of peace and order
through crime prevention or deterrence and in the rehabilitation of
convicts and their reintegration to society.
Rehabilitation takes place when the convict is serving his
sentence. A convict may be paroled or may even be placed on
probation. Under the concept of a participative criminal justice
system in the Philippines, public and private agencies as well as
citizens, become a part of the CJS when they participate and
become involved with issues and activities related to crime
prevention. Thus, citizen-based crime prevention groups become
part of the CJS within the framework of their involvement in crime
CnD REVIEW CENTER
prevention activities and in the reintegration of the convict who shall
be released from the corrections pillar into the mainstream of society.
Why should you be concerned about the CJS?
You should be concerned about the CJS because it affects
your life, your work, your activities and, in general, your pattern of
behavior and relationship in the community. This is why the
community pillar is also the base of the entire CJS as there will never
be criminal cases, in the first place, if the community is healthy and
law-abiding. But for the few who may have gone astray, they should
be reintegrated into the community once they are released from the
penitentiary and should be helped to become law-abiding members
of the community.
What is Citizen’s Arrest?
Arrest may be effected with our without warrant.
Warrantless arrest may be effected by a peace officer or a private
person under any of the following circumstances:
a. When in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
b. When an offense has, in fact, just been committed, and he
has personal knowledge of facts indicating that the person
to be arrested has committed it; and,
c. When the person to be arrested is a prisoner who has
escaped form a penal establishment or is temporarily
confined during the pendency of the case, or has escaped
while being transferred form one confinement facility oto
another.
What can you do to help in the CJS?
 Organize anti-crime groups.
 Report crime, suspicious strangers or events to your
barangay or police.
 If you are a witness to the commission of a crime, help
in the prosecution of the case.
 Organize visits to correctional institutions. This is one
way of instilling social awareness on the part of the
public. This could also be an instrument whereby the
public can extend material and morale support to the
convicts and inspire rehabilitation.
 Help in the assimilation of released prisoners in the
community to enable them to be reintegrated into the
mainstream of society.
What can you do to help the CJS?
 Organize anti-crime groups
 Report crime, suspicions strangers or events to your
barangay or police.
 If you are a witness to the commission of a crime, help
in the prosecution of the case.
 Organize visits to correctional institutions. This is one
way of instilling social awareness on the part of the
public. This could also be an instrument whereby the
public can extend material and morale support to the
convicts and inspire rehabilitation.
 Help in the assimilation of released prisoners in the
community to enable them to be reintegrated into the
mainstream of society.
BARANGAY COUNCILIATION (RA 7160 Local Gov’t Code of 199)
Republic Act No. 7160 - It is an Act providing for a Local Government
Code of 1991.
What is superseded PD 1508? It was superseded by Chapter 7,
Section 399 to 422 of RA 7160
Objectives of Katarungang Pambarangay
a. To promote speedy administration of justice.
b. To perpetuate the time-honored tradition of setting disputes
amicably for the maintenance of peace and order.
c. To implement the constitutional mandate, preserve and
develop Filipino Culture.
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 d. To relieve the courts of docket congestion and thereby
enhance the quality of justice dispense by them.
Cases over which the lupon of each barangay may take cognizance
The lupon of each barangay shall have authority to bring
together the parties actually residing in the same municipality or city
for amicable settlement of all disputes except;
a. Where one party is the government of any subdivision or
instrumentality thereof;
b. Where one party is a public office or employee, and dispute
relates to the performance of his official functions;
c. Offenses punishable by imprisonment exceeding one (1)
year or a fine exceeding Five Thousand Pesos (P
5,000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in
different cities or municipalities unless the parties thereto
agree it submit their differences to amicable settlement by
an appropriate lupon;
f. Dispute involving parties who actually reside in barangays
of different cities or municipalities, except where such
barangay units adjoin each their differences to amicable
settlement by an appropriate lupon;
g. Such other classes of disputes which the President may
determine in the interest of justice or upon the
recommendation of the Secretary of Justice.
h. Any complainant by or against corporations, partnerships,
or juridicial entities.
i. Dispute where urgent legal action is necessary to prevent
injustice from being committed or further continued,
specifically the following:
a. A criminal case where the accused is under
police custody or detention;
b. A petition for habeas corpus by a person illegally
detained or deprived of his liberty or one acting in
his behalf;
c. Actions coupled with provisional remedies, such
as preliminary injunction, attachment, replevin
and support pendente life; and
d. Where the action may be barred by the statute of
limitations;
j. Labor disputes or controversies arising from employee-
employer relationship. (Montoya vs. Escayo, et. al., 17
SCRA 442; Art. 228 Labor Code as amended);
k. Where the dispute arises out from the Comprehensive
Agraria Reform Law (Secs. 46 and 47, RA 6657);
l. Actions to annul judgment upon a compromise which can
be filed directly in court. (Sanchez vs. Tupaz, 158 SCRA
459).
The court in which non-criminal cases not falling within the
authority of the lupon under this Code are filled may, at any time
before trial, motu propio refer the case to the lupon concerned for
amicable settlement.
Examples of Offenses punishable by the Revised Penal Code
cognizable by the Lupon include:
13. Social cases of malicious mischief
(Art. 328)
14. Other mischief’s (Art. 329)
15. Slight slander (Art. 358)
16. Slander by deed not of a serious
nature (Art. 359)
17. Intriguing against honor (Art. 364)
18. Theft, swindling or malicious
mischief committed or caused mutually by certain
relatives, where there is no criminal but only civil
liability.
All these offenses are punishable by imprisonment not
exceeding 30 days and/or fine not exceeding P 200.00. Under the
New Local Government Code, all offenses punishable by at least one
year imprisonment and P 5,000 fine is now within the jurisdiction of
the Lupon. Also cognizable by the barangay courts are violators of
municipal ordinances which are similarly punishable as the
abovementioned offenses under the penal code.
Rules of venue under the law governing barangay conciliation
a. Disputes between persons actually residing in the
same barangay shall be brought or amicable
settlement before the lupon of said barangay.
b. Those involving actual residents of different
barangays within the same city or municipality shall be
brought in the barangay where the respondent or any
of the respondents actually resides, at the election of
the complainant.
c. All disputes involving real property or any interest
therein shall be brought in the barangay where the
real property or the larger portion thereof is situated.
d. Those arising at the workplace where the contending
parties are employed or at the institution where such
parties are enrolled or workplace or institution is
located. (Sec. 409, RA 7160)
Objections to venue be raised under RA 7160
Objections to venue shall be raised in the mediation
proceedings before the punong barangay, otherwise, the same shall
be deemed waived. Any legal question which may confront the
punong barangay in resolving objections to venue herein after
referred to may be submitted to the Secretary of Justice or his duly
designated representatives whose ruling thereon shall be binding.
What kind of residence required by the law order that one may
exempt from the coverage of the Katarungang Pambarangay Law?
It must be more or less permanent. In Bejer, et al. vs. CA,
169 SCRA 568, the Supreme Court said that actual residence should
not be temporary, transient as in the case of a houseguest or
sojourner like a visit of a day or two. In the case at bar, plaintiffs are
not even listed as member of the Barangay, an indication that their
stay in Pandacan is merely transient. Of course, actual residence
does not necessarily imply membership in the Barangay; and
membership in the Barangay does not necessarily mean actual
residence.
Who and how may a complainant be filed with the lupon?

1. Alarms and Scandals (Art. 155) Upon payment of the appropriate filing fee, any individual
2. Use of false certificates (Art. 175) who has a cause of action against another individual involving any
3. Concealing one’s true name and matter within the authority of the lupon may complain, orally or in
other personal circumstances (Art. 178, part 2) writing, to the lupon chairman of the barangay.
4. Physical injuries committed in a
tumultuous affray (Art. 252) What shall the lupon chairman do upon receipt of a complaint?
5. Slight physical injuries and
maltreatment (Art. 266) Upon receipt of the complainant, the lupon chairman shall
6. Other forms of trespass (Art. 281) within, the next working day, summon the respondent (s), with notice
7. Other light threats (Art. 285) to the complainant (s) for them and their witnesses to appear before
8. Other light coercion or unjust him for a mediation of their conflicting interests. If he fails in his
vexations (Art. 287) mediation effort within 15 days from the first meeting of the parties
9. Some forms of thefts (Art. 208, par. before him, he shall forthwith set a date for the constitution of the
3, and Art 3098, par 8) pangkat.
10. Altering boundaries or landmarks
(Art. 313) What is the effect of the pedency of a case before the lupon on the
11. Other deceits (Art. 318) prescriptive period of actions?
12. Arson of property of small value (Art.
323)
CnD REVIEW CENTER 79
 While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and cause of action
under existing laws shall be interrupted upon filling of the complaint
with the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the certificate of repudiation or of
the certification to file action issued by the lupon or pangkat
secretary: Provided, however, that such interruption shall not exceed
60 days from the filing of the complainant with the punong barangay.
Is there any period prescribed by law within which the pangkat shall
arrive at a settlement of the dispute? Is it absolute?
The customs and traditions of indigenous cultural
communities shall be applied in setting disputes between members
of the cultural communities.
Are the proceedings before the lupon or pangkat open to the public?
Is the rule absolute?
Yes, all proceeding for settlement shall be public and
informal, but the lupon chairman or pangkat chairman my motu
proprio or upon request of a party, exclude the public from the
proceedings in the interest of privacy, decency or public morals.

There is. Under RA 7160, the pangkat shall arrive at a
settlement or a resolution of the dispute within 15 days from the day
it convenes in accordance with this Section. This period shall, at the
discretion of the pangkat, be extendible for another period which
shall not exceed 15 days, except in clearly meritorious cases.
Does the law prescribe any form for the settlement of any dispute?
Yes. All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed by them, and
attested to by the lupon chairman, as the use the same language, or
dialect the settlement shall be written in the language or dialect
known to them. (Sec. 411, RA 7160)
What is the requirement of the law with respect to the appearance of
the parties before the lupon or pangkat?
The law requires that in all katarungang pambarangay
proceedings, the parties must appear in person without the
assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next of kin who are not
lawyers. If appears from the law that lawyers are not supposed to
appear and represent their clients in katarungang pambarangay
proceedings. But if he is the party involved, he may.
If the parties arrive at an amicable settlement before the lupon or
pangkat, what is the effect of such settlement?

May a complaint which involves matters within the authority of the
lupon be fled in court without passing through the lupon?
As a general rule, no. No complaint, petition, action or
proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government
office for adjucation, unless there has been a confrontation between
the parties before the lupon chairman or the pangkat, and that no
conciliation or settlement has been reached as certified by the lupon
chairman or pangkat chairman or unless the settlement has been
repudiated by the parties thereto.
What is the effect if the defendant does not invoke the lack of prior
conciliation before the barangay? Explain.
It is an implied waiver of the condition imposed by PD
1508 Local Government Code) Such waiver also takes place where a
motion to dismiss is a filed after an answer has been filed within the
period to plead and before and answer is filled. Furthermore, the
Rules of Court, provide that defenses and objections not raised in a
motion to dismiss or in the answer are deemed waived.
The amicable settlement and arbitration award shall have
the force and effect of a final judgment of a court upon the expiration
of 10 days from the date thereof; unless repudiation has been made
or a petition of nullify the award has been filed before the proper city
or municipal court.
How many the amicable settlement of arbitration award be executed?
It may be enforced by execution by the lupon within six (6)
months from the date of the settlement. After the lapse of such time,
the settlement may be enforced by action in the appropriate city or
municipal court.
Within what period should a party repudiate the settlement and how?
Any party to the dispute may, within ten (10) days form the
date of the settlement, repudiate the same by filing with the lupon
chairman a statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation.
What is the effect of such repudiation?

Such repudiation shall be sufficient basis for the issuance

of the certification for filing a complaint.
May a case or proceeding be filled directly in court without passing
through the lupon?

Yes, because the requirement is not absolute. There are

exceptions, like:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceeding;
3. Where actions are coupled with provisional remedies
such as preliminary injunction, attachment, delivery of
personal property, and support pendente lite; and
4. Where the action may otherwise be barred by the
statute of limitations.

If a person files a suit respecting his civil status, is there a need for
prior barangay conciliation? Why?

There is no need. It was said that in cases involving the

civil status of a person – such as one filed by a natural child to
compel his acknowledgment – Is not amont the cases where prior
resort to barangay conciliation is not necessary. The reason is
obvious. The possibility of settlement at this level, however, remote,
is encouraged even in such cases before the issue is brought to the
court.

If the parties belong to the cultural minorities, what rules shall the
pangkat apply”

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