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Holy Cross College


Sta. Lucia, Sta. Ana, Pampanga

SCHOOL OF CRIMINAL JUSTICE

MODULE for

INTRODUCTION TO CRIMINOLOGY
(CRIM1)

PRELIMINARY PERIOD

MARK JOHN M. PANGAN, RCRIM, MSCJ


Instructor

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INTRODUCTION

This course provides the basic understanding of a theory,


its development, and application to the etiology of crime, and its use
to understanding human, criminal and deviant behaviors.

It includes the historical evolution of criminology, the different school


of thoughts, the process of measuring crime, as it relates to
criminological research, the divisions and scope of criminology, and
the justice system. This course also introduces Criminology as a
profession in the Philippines.

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ACKNOWLEDGEMENT

I would like to thank the following persons for the assistance extended
in successfully developing this module:

To Atty. Dennis C. Pangan, President of Holy Cross College and Dr.


Leticia D. Flores, Vice President for Academic Affairs, for their
motivation, assistance, valuable comments, and constructive
criticisms which helped in the improvement of this module.

To our Dean Atty. Dennis C. Pangan, Dean of School of Criminal


Justice for his endless support, kind and understanding spirit and
spending time to give instructions to make this module a meaningful
one.

Most of all, to our Almighty God, for giving his endless blessings,
knowledge, strength and wisdom to make this module possible.

Thank You!

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CRIM1
INTRODUCTION TO CRIMINOLOGY

PRELIMINARY PERIOD

Criminology is the scientific study of criminals, criminal behavior and


its causes. Criminologists attempt to build theories that explain why
crimes occur and test those theories by observing behavior.
Criminological theories help shape society’s response to crime both in
terms of preventing criminal behavior and responding to
it after it occurs

Historical Accounts and Evolution of Criminology

The discipline of criminology has evolved in three phases, beginning


in the 18th century. Although crime and criminals have been around
for as long as societies have existed, the systematic study of these
phenomena did not begin until the late 1700s. Prior to that time, most
explanations of crime equated it with sin — the violation of a sacred
obligation.

The first phase involved when scholars first distinguished crime from sin,
they made possible explanations of criminal behavior that were
not theological (religious). This, in turn, allowed for the dispassionate,
scientific study of why crime occurs. The development of this study is
now known as the era of classical criminology.

The second phase, which began in the 19th century, is referred to as


modern criminology. During this era, criminology distinguished itself as
a subspecialty within the emerging disciplines of psychology,
sociology and economics. Scholars formed criminological societies
and founded criminology journals. Criminologists

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conducted empirical tests (observations or experiments) of their


theories, rather than relying solely on speculation, and consequently
developed a wide range of theories.

The third phase, beginning in the second half of the 20th century, may
best be called independent criminology. During this period,
criminology began to assert its independence from the traditional
disciplines that spawned it. In Western Europe, the United States, and
Canada, criminologists expanded their
professional associations and published an increasing number of
journals. A number of universities developed graduate programs in
criminology: Criminological theories have become more
multidisciplinary (spanning various fields of study) because
independent criminologists seek to understand
crime itself rather than study crime as one aspect of an overall
sociological or psychological theory.

PRINCIPAL COMPONENT OF CRIMINOLOGY

In studying Criminology, there are three important components


namely:

1. Criminal Etiology

Criminal etiology involved the application of scientific analysis of the


causes of crime. An individual perpetrating a crime had no single
reason; hence, there is no single and only explanation of causes of
crimes. A different theory has evolved in studying the causes of crime
such as Biological, Psychological, and Sociological Theories.

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2. Sociology of Law

Sociology of law entails the importance of law or the criminal law as


a process of formal social control. Criminal law seeks to protect the
public from harm by inflicting punishment upon those who are
tempted to do harm. Thus, criminal law often strives to avoid harm by
forbidding conduct that may lead to harmful results.

3. Penology

Penology, the study of criminal punishment, is a sub-field of


criminology. Criminologists theorize about why people commit crimes
and deviate from society s norms of behavior. They also study how
society punishes criminals because different methods of punishment
may cause people to alter their behavior in different ways. Thus,
criminologists devise theories that not only explain the causes of crime
but also addresses its prevention, control and treatment. Today, one
more concern in Criminology is crime detection and Investigation.
Criminologists are also engaged in studying the criminal things.

 Penology is the study of punishment for crime or of criminal


offenders. It includes the study of control and prevention of
crime through punishment of criminal offenders. It is a term
derived from the Latin word “poena” which means pain or
suffering.

 Also known as Penal Science

PUNISHMENT VS. PENALTY

 PUINISHMENT: It is the redress that the state takes against an


offending member of society that usually involves pain and
suffering. It is also the penalty imposed on an offender for a crime
or wrongdoing.

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 PENALTY: Is defined as the specific suffering inflicted by the state


against an offending member for the transgression of law with
limitations provided for by law.

Three Elements of Punishment

1. Swift/Celerity

2. Certain

3. Severe

JUSTIFICATIONS OF PUNISHMENT

 Retribution – during the primitive days, punishment of the


transgressor was carried out in the form of personal vengeance..

 Expiation or Atonement –. An offense committed by a member


against another member of the same clan or group aroused the
condemnation of the whole group against the offending
member. The group would therefore demand that the offender
be punished. Expiation is therefore, group vengeance as
distinguish from retribution which is personal vengeance.

 Deterrence – It is commonly believed that punishment gives a


lesson to the offender; that it shows other what would happen if
they violate the law; and that punishment holds crime in check.

 Protection – Protection as a justification of punishment came


after prisons, were fully established. People believe that by
putting the offender in prison, society is protected from his further
criminal depredation.

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 Reformation – Under this theory, society can best be protected


from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner.

Juridical Conditions of Punishment

 Productive of Suffering

 Commensurate with the offense

 Personal

 Legal

 Equal

 Certain

 Correctional

EVOLUTION OF CRIMINOLOGY

Note: In 1885, Italian law professor Rafaelle Garofalo coined the Italian
term criminologia. The French anthropologist Paul Topinard used it for
the first time in French “Criminologie” around the same time. The word
“Criminology” was also first used by Paul Topinard.

- the Italian law professor Raffaele Garofalo coined the term


criminologia in 1885.

- the French anthropologist Paul Topinard used the term


criminologie in 1887.

- The word “Criminology” was derived from the Latin word


“Krimen” which can be translated to offense, crime or
accusation and “Logos” - which means “to study”.

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WHAT IS CRIMINOLOGY?

 Criminology is the scientific study of criminals, criminal behavior


and its causes.

 Criminology, is a body of knowledge regarding delinquency and


crime as a social phenomenon. By EDWIN H. SUTHERLAND known
as” DEAN OF MODERN CRIMINOLOGY”

 In its broadest sense, criminology is the entire body of knowledge


regarding crimes, criminal and the effort of society to prevent
and repress them.

 In a narrower sense, criminology is the scientific study of crimes


and criminals.

SOCIOLOGICAL DEFINITION OF CRIMINOLOGY: refers to the body of


knowledge regarding delinquency and crime as a social
phenomenon.

SCOPE OF CRIMINOLOGY

1. The making of laws - This pertains to the examination of the nature


and structure of laws in the society which could be analyzed
scientifically and exhaustively to learn crime causation and eventually
help fight them.

2. The breaking of laws - It is concentrated in the scientific analysis of


the causes of crimes.

3. The reaction towards the breaking of laws - This involves the study
of the reaction of people and government towards the breaking of
laws.

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IS CRIMINOLOGY A SCIENCE? INTERDISIPLINARY SCIENCE

 According to Edwin Sutherland and Donald Cressey (American


Authors) claimed that criminology at present is not a science,
but it has hope of becoming a science.
 George L. Wilker- argued that criminology cannot possibly
become a science.
 Cirillo Tradio- criminology is a science
 CRIMINOLOGY IS AN INTERDISIPLINARY SCIENCE OR APPLIED
SCIENCE
 APPLICATION OF OTHER SCIENCES IN THE STUDY, INVESTIGATION,
DETECTION AND SOLUTION OF CRIMES.

*Forensic Science, sometimes referred to Criminalistics, is therefore


covered in the broad field of criminology.

DISTINCTION BETWEEN CRIMINOLOGY AND A CRIMINALISTICS

CRIMINOLOGY IS:

 Cesare Lombroso: FATHER OF CRIMINOLOGY

 social science

 deals more on theories

 study of criminal people

CRIMINALISTICS IS:

 Dr. Hans Gross: FATHER OF CRIMINALISTICS

 applied science

 use practical and technological theories

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 study of criminal things “EVIDENCE”

Areas under CRIMINALISTICS: EX. RAPE WITH HOMICIDE

1. FORENSIC DACTYLOSCOPY, STUDY OF FINGERPRINTS.


2. FORENSIC DNA, DEOXYRIBONUCLEIC ACID, SEMEN OR TAMOD
3. FORENSIC QUESTIONED DOCUMENT EXAMINATION, SUICIDE
NOTE
4. FORENSIC CHEMISTRY, SHOE PRINTS AND TIRE PRINTS
5. FORENSIC BALLISTICS, FIRED CARTRIDGE CASE OR BASYO NG
BALA
6. FORENSIC MEDICINE, CADAVER “CORPSE” DEAD BODY,
“MEDICO LEGAL EXAMINATION” OR AUTOPSY
7. FORENSIC ANTHROPOLOGY, STUDY OF BODY REMAINS E.G.
BONES
8. FORENSIC ODONTOLOGY, STUDY OF DENTURES
9. FORENSIC POLYGRAPHY OR LIE DETECTION TEST, TO DETERMINE IF
THE SUSPECT IS TRUTHFUL OR UNTRUTHFUL

IMPORTANT AREAS IN THE DEVELOPMENT OF CRIMINOLOGY

 The development of criminal law and in defining crime;

 The cause of law violation; and

 Methods used in controlling criminal behavior.

Why do we study CRIMINOLOGY?

 In reality, there are many and varied purpose of studying


criminology.

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 However, all these purposes fall on either of the two (2) primary
aims of studying criminology.

 To understand crimes and criminals.

 To prevent the occurrence of crime.

*BRANCHES OF CRIMINOLOGY

 A. CRIMINAL DEMOGRAPHY- study of the relationship between


criminality and population.

 B. CRIMINAL ECOLOGY- study of the relationship between


environment and criminality.

 C. CRIMINAL PHYSICAL ANTHROPOLOGY- study of criminality in


relation to physical constitution of men.

 D. CRIMINAL PSYCHOLOGY- study of human behavior in


relation to criminality. PEDOHILIA

 E. CRIMINAL PSYCHIATRY- study of human mind in relation to


criminality.

 F. CRIMINAL VICTIMOLOGY by BENJAMIN MENDELSHON:


FATHER OF VICTIMOLOGY - deals with the victimization of crime
which is considered by political society as any act or omission
punishable by law. (Victimless Crimes); NO COMPLAINING
VICTIMS BECAUSE THE VICTIM IS ALSO THE OFFENDER. 1.
PROSTITUTION. 2. ILLEGAL DRUG USE. 3. GAMBLING.

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NATURE OR CHARACTERISTICS OF CRIMINOLOGY

Criminology is:

1. An Applied Science - It is useful. Sciences like anthropology,


psychology, sociology and other natural sciences may be
applied in the study of the causes of crime while chemistry,
medicine, physics, mathematics, etc. may be utilized in crime
detection. EX: ANTHROPOMETRY, Study of body measurements.
Introduced by ALPHONSE BERTILLON. FATHER OF PERSONAL
IDENTIFICATION. Anthropometry is also known as “BERTILLON
SYSTEM”.
2. A Social science - In as much as crime is a societal creation and
it exists in society, its study must be considered as part of social
science.
3. Dynamic - The progress of criminology is concordant with the
advancement of other sciences that have been applied to it.
Criminology changes as social condition changes.
4. Nationalistic - The study of crime must always be in relation with
the existing criminal law with in the territory. The study of crime
and/or criminology must always conform to the existing criminal
law of the land. The study of criminology is different from one
country to another.

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FUNDAMENTAL CONCEPTS OF CRIME, LAW, DEVIANCE, CRIMINAL


JUSTICE, AND DELINQUENCY

 What is crime? Was derived from the latin word “KRIMEN” which
means accusation or offense.

 CRIME IS A GENERIC OR A GENERAL TERM

 Is an act or omission, in violation of a law, forbidding or


commanding it.

 2 possible ways to commit a crime: 1. By means of ACT 2. By


means of OMISSION

 ACT – ANY BODILY MOVEMENT THAT TEND TO PRODUCE SOME


EFFECT TO THE EXTERNAL WORLD.

 OMISSION- FAILURE TO PERFORM AN ACT REQUIRED BY THE LAW.

EXAMPLE:

ABANDONMENT OF A DYING PERSON IN AN UNINHABITED


PLACE.

- UNINHABITED PLACE REFERS TO A PLACE WHERE THERE IS


CONSIDERABLE DISTANCE OF HOUSES AND SOURCE OF HELP IS NOT
POSSIBLE.

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- Felony? Is an act or omission, in violation of RPC or REVISED


PENAL CODE. RPC IS THE PRIMARY SOURCE OF OUR CRIMINAL LAW.

ACT No. 3815 is the law created the REVISED PENAL CODE in the
Philippines on January 1, 1932.

FELON. A PERSON COMMITED AN ACT OF FELONY.

- Offense? Is an act or omission, in violation of a SPECIAL PENAL


LAW OR SPECIAL LAWS.

OFFENDER. A PERSON COMMITED AN ACT OF OFFENSE.

- Misdemeanor/Infraction/Delinquency? VIOLATION OF SIMPLE


RULES AND REGULATIONS.

Is an act or omission, in violation of LOCAL ORDINANCES.

VIOLATORS. A PERSON COMMITED AN ACT OF MISDEMEANOR.

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BASIC THEORIES OF CRIME (SCHOOL OF THOUGHTS)

The following are the basic theories in Criminology used in explaining


the etiology of crime, criminal behavior, deviant behavior, and
human behavior.

PRE-CLASSICAL THEORY:

 DEMONOLOGICAL THEORY — it maintains that criminal behavior


was believed to be the result of evil spirits and demons something
of natural force and controls behavior. OLDEST THEORY IN
CRIMINOLOGY
 During the medieval period, the most common explanations
for the commission of wrong act is said to be caused by the devil.
From this account, method uses in the determination of truth (trial)
were arbitrary and unreasonable. Although through the Middle
Ages (1200-1600), superstition and fear of satanic possession
dominated the thinking. People who violated social norms or
religious practices were believed to be witches or possessed by
demons. The prescribed method for dealing with the possessed
was burning at stake, a practiced that survived into the 17th
Century.

FOUNDATIONAL THEORIES IN CRIMINOLOGY:

1. Classical Theory by CESARE BECCARIA


2. Neo Classical Theory by SIR WILLIAM BLACKSTONE
3. Positivist Theory by CESARE LOMBROSO

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 CLASSICAL THEORY AUTHOR: CESARE BECCARIA


 REAL NAME: CESARE BONESANA MARCHESE DE BECCARIA
 ACCORDING TO HIM: COMMISSION OF CRIME IS AN INSULT TO
THE SOCIETY IN GENERAL.
 FATHER OF CLASSICAL THEORY, FATHER OF OLD CRIMINOLOGY
 Other Names: FREE WILL THEORY, JUSTICE THEORY, CHOICE
THEORY, RATIONAL CHOICE THEORY, DETERRENCE THEORY
 VERY HARSH PRINCIPLE OR DOCTRINE:
PENALTY: CAPITAL PUNISHMENT, THE PENALTY OF DEATH.
RA 7659, LAW ON DEATH PENALTY IN THE PHILIPPINES. METHOD OF
EXECUTION: DEATH BY ELECTROCUTION OR SILIA ELECTRICA
RA 7659 WAS AMENDED BY RA 8177 OTHERWISE KNOWN AS
“LETHAL INJECTION LAW”
3 CHEMICALS THAT COMPOSED THE LETHAL INJECTION:
1. SODIUM THIOPENTAL OR THIOPENTOTAL : induces sleep
2. POTASSIUM CHLORIDE: muscle paralysis
3. PANCURONIUM BROMIDE: stops the heart beat
*LEO ECHEGARAY: LAST PERSON TO BE EXECUTED USING LETHAL
INJECTION FOR THE CRIME OF “RAPE”
*LIM SENG: FIRST CHINESE DRUG LORD EXECUTED IN THE
PHIIPPINES USING MUSKETRY ALSO KNOWN AS “DEATH BY
FIRING SQUAD”
PENALTY: CORPORAL PUNISHMENT, REFERS TO PHYSICAL TORTURE
OF THE OFFENDER.

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 FREE WILL REFERS TO YOUR FREEDOM TO CHOOSE AND TO DECIDE.


 — It asserts that human beings are endowed with absolute free
will to choose right from wrong. Human beings are
fundamentally rational, and most human behavior is the result of
free will coupled with rational -choice.
 Pain and suffering are the two central determinants of human
behavior

- It was introduced by Cesare Beccaria (Essay on Crimes and


Punishment) DEI DELITI EL DELLA POENA and Jeremy Bentham
(Utilitarian Hedonism)

Arguments against the Classical Theory

1. Unfair
2. Unjust
3. The nature and definition of punishment is not individualized
4. It considers only the injury caused not the mental condition of
the offender.

*PUNISHMENT FITS THE CRIME NOT THE CRIMINAL.

* FOCUSES ON THE CRIME COMMITED NOT THE CONDITION OR MENTAL


SANITY OF THE CRIMINAL.

* DURA LEX SED LEX. “THE LAW MAY BE HARSH BUT IT IS THE LAW”

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*ALSO CALLED “DETERRENCE THEORY”, WHICH INVOLVES CRIME


PREVENTION OR PREVENTION CRIME.”

*HARSH, CRUEL, DEGRADING AND INHUMANE FORMS OF PUNISHMENT

PURPOSES OF PUNISHMENT: DETERRENCE OR CRIME PREVENTION

2 PURPOSES OR OBJECTIVES OF PUNISHMENT OR PENALTY:

1. SPECIFIC DETERRENCE: “THE PUNISHMENT WILL TEACH A LESSON


TO THE OFFENDER OR CRIMINAL”
2. GENERAL DETERRENCE: “THE PUNISHMENT WILL SERVE A LESSON
TO OTHERS OR TO THE PUBLIC IN GENERAL”

*ESSAY ON CRIMES AND PUNISHMENT “ DEI DELLITI EL DELLA POENA”

3 ELEMENTS OF PUNISHMENT TO BECOME EFFECTIVE:

1. SWIFT OR CELERITY
2. SEVERITY
3. CERTAINTY

*Hammurabi Code by King Hammurabi of Babylon or Babylonia

*Imposes cruel and harsh punishment for convicted offenders

*Principle: LEX TALIONES or LEX TALIONIS or LAW OF RETALIATION OR


REVENGE, a very harsh principle.

*OCULO PER OCULO DENTE PER DENTE or “AN EYE FOR AN EYE AND A
TOOTH FOR A TOOTH”, a biblical passage.

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as opposed to:

*Principle: LEX SALICA or LAW OF RESTITUTION

* JEREMY BENTHAM: PRISON DESIGN KNOWN AS “PANOPTICON OR


PANOPTICAN PRISON” OR ONE SEEING PRISON OR ALL SEEING PRISON.

*THEORY OF HEDONISM. “MAN ALWAYS SEEKS PLEASURE AND AVOID


PAIN”

*HEDONISTIC CALCULUS. CALCULATION OR MEASURING PRESENCE OF


PLEASURE OVER THE PAIN.

*UTILITARIANISM. “THE PUNISHMENT MUST BENEFIT EVERYONE”.


“GREATEST NUMBER FOR GREATEST HAPPINESS.”

 NEO-CLASSICAL THEORY - This maintains that there are some


situations or circumstances that made it impossible to exercise
freewill thus, humans are not always responsible for their actions.
 By SIR WILLIAM BLACKSTONE.
 Exceptions:
a. Children: RA 7610 otherwise known as ANTI CHILD ABUSE LAW.
Child: is a person who is below 18 years old. And also persons
above 18 but cannot fully take care of themselves.

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AGE OF CRIMINAL RESPONSIBILITY UNDER RA 9344 as amended


by RA 10630.
*Age of full criminal responsibility
18 years old and above
*Age of conditional criminal responsibility
15 years and 1 day but below 18
*Age of determination of discernment: this refers to the mental
capacity of the child to distinguish what is right from what is
wrong.
*Age of full criminal irresponsibility
15 years old and below
b. Lunatics or Insane individuals: presence of mental illness, mental
disorder or psychotic disorder e.g. schizophrenia
LUCID INTERVAL:
Asylum legal term referring to mental hospital.
c. Imbecile: A person of advanced age but their mental
development is comparable to that of a 2 and 7 years old.

 POSITIVIST ITALIAN SCHOOL OR POSITIVIST THEORY

HOLY THREE:

*Cesare Lombroso- Father of Modern Criminology (Crimes: It's Causes


and Remedies)
1. FATHER OF CRIMINOLOGY

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2. FATHER OF MODERN CRIMINOLOGY


3. FATHER OF EMPIRICAL CRIMINOLOGY
4. FATHER OF SCIENTIFIC CRIMINOLOGY
5. FATHER OF POSITIVIST CRIMINOLOGY
* Enrico Ferri
*Raffaele Garofalo

MIXED OR ECLECTIC THEORY: Combination of classical and positivist


theory

POSITIVIST THEORY
 Theory uses science to define crimes and its causes.
 Criminals commit crime because of certain illness that forced to
commit crime.
 Proposed imprisonment as a form of punishment for offenders.
 The term Positivism refers to a method of analysis based on the
collection of observable scientific facts. It maintained that crime as
any other act is a natural phenomenon and is comparable to
disaster or calamity.
 Crime is a social and moral phenomenon which cannot be
treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures.
 Purpose of punishment: Rehabilitation or Reformation as a
treatment.
 Punishment fits the criminal not the crime.

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 POSITIVIST THEORY:

Product Theories:

A. BIOLOGICAL THEORIES “Body or biological functioning”


B. PSCYHOLOGICAL THEORIES “Mind”
C. SOCIOLOGICAL THEORIES “Society”

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*ELEMENTS OF CRIME

1. There must be an act or omission


2. The act must be in violation of the public law
3. The act is committed either by dolo or culpa

*How are crimes committed based on the RPC?

Crimes are committed by means of:


1. Dolo — deceit: MENS REA OR CRIMINAL INTENT AND ACTUS REUS
OR GUILTY MIND or GUILTY ACT. INTENTIONAL FELONIES: FELONIES
COMMITTED BY MEANS OF “DOLO”
2. Culpa — fault or negligence (when wrongful act results from
imprudence, foresight, lack of skill): CULPABLE FELONIES:
FELONIES COMMITTED DUE TO NEGLIGENCE OR IMPRUDENCE

*There is fault when a wrongful act results from negligence,


imprudence, lack of skill or foresight.

*NEGLIGENCE: LACK OF SKILL. Negligence indicates a


deficiency of perception.
*IMPRUDENCE: LACK OF FORESIGHT. Imprudence indicates a
deficiency of action.

Examples:
*RECKLESS IMPRUDENCE RESULTING TO HOMICIDE
*RECKLESS IMPRUDENCE RESULTING TO PHYSICAL INJURIES EITHER
SERIOUS, LESS SERIOUS AND SLIGHT PHYSICAL INJURIES
*RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY

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GENERAL CLASSIFICATION OF CRIMES OR FELONIES

1. As to atrocity- severity of the penalty or offense or felonies


a. grave felonies: involves serious or heinous crimes with a
penalty of capital or afflictive penalties.
b. less grave felonies: involves a penalty of correctional
penalties
c. minor or light felonies: involves light penalties
2. As to Intent
a. crimes mala in se
 acts which are evil in themselves; inherently wrong or
evil in nature. All crimes penalized under the RPC.
b. crimes mala prohibita
 acts which are prohibited because the law has
defined it to be a crime. Crimes penalized by special
laws are crimes mala prohibita.
3. As to motive
a. Economic crimes
b. Sexual crimes
c. Political crimes
4. As to statistical purpose
a. crimes against persons
b. crimes against property
c. crimes against chastity
d. crimes against public order
e. crimes against national security

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5. As to the stages in the commission of crime


1. Consummated stage
2. Frustrated stage
3. Attempted stage

a. Attempted stage
Elements:

 Offender commences the felony directly by overt acts;


 Does not perform all acts which would produce the
felony;
 His acts are not stopped by his own spontaneous
desistance. (accident or by reason of some cause)

b. Frustrated stage
Elements:
 Offender performs all the acts of execution;
 All these acts would produce the felony as a
consequence;
 But the felony is not produced;
 By reason of causes independent of the will of the
perpetrator.

c. Consummated stage

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Elements:
 When all the elements of the crime necessary for its
execution and accomplishment are present.
 All acts of execution are present.
 The result sought is achieved.

What are the three stages of the acts execution of a felony?

The three stages of execution of a felony are attempted, frustrated


and consummated.

Are these stages of execution punishable?

Consummated felonies, as well as those which are frustrated and


attempted, are punishable (Art. 6, 1st paragraph, RPC).

When is a felony attempted?

A felony is attempted when the offender commences the


commission of a felony directly by over acts, and does not perform all
the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance
(Art. 6, 3rd paragraph, RPC).

Notes:

Elements of Attempted Felony

 The offender commences the commission of the felony directly


by overt acts;
 He does not perform all the acts of execution which should
produce the felony;

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 The offender's act be not stopped by his own spontaneous


desistance; and
 The non-performance of all the acts of execution was due to
cause or accident other than his own spontaneous desistance.

When is a felony frustrated?

 A felony is frustrated when the offender performs all the


acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator (Art. 6, 2nd paragraph, RPC).

Notes:

Elements of Frustrated Felony?

 The offender performs all the acts of execution;


 All the acts performed would produce the felony as a consequence;
 The felony is not produce ;
 By reason of causes independent of the will of the perpetrator.

Frustrated Felony Distinguished from Attempted Felony

o In both, the offender has not accomplished his criminal


purpose.
o In frustrated felony, the offender has performed all the acts
of execution which would produce the felony, while in
attempted felony, the offender merely commences the
commission of a felony directly by overt acts and does not
perform all the acts of execution.

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In other words, in frustrated felony, the offender has reached the


objective phase; in attempted felony, the offender has not
passed the subjective phase.

SUBJECTIVE PHASE

 It is that portion of the execution of the crime, starting from the point
where the offender begins to that point where he has still control
over his acts, including their natural course.

OBJECTIVE PHASE

 It is that portion of the acts of the offender, where he has no more


control over the same. All the acts of execution have been
performed by him.

Are there felonies that have no attempted or frustrated stages of


execution? If yes what are they?

Yes there are felonies that have no attempted and


frustrated felonies. They are:

(1) flight to enemy country,


(2) corruption of minors,
(3) formal crimes, like slander and false testimony;
(4) felonies by omission like misprision of treason; and
(5) treason.

Formal crimes: crimes can only be committed under


consummated stage

Material crimes: crimes with 3 stages. Consummated,


frustrated, attempted stage

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 The crime of flight to enemy country has no attempted and


frustrated stages of execution because in flight to enemy country,
the mere attempt to flee or go to enemy country consummates
the crime.
 The same is true with the crime of corruption of minors. The mere
proposal to the minor to satisfy the lust of another consummates
the crime.
 In formal crimes, there is no attempted and frustrated stages of
execution because they are consummated in one instant by a
single act.
 In felonies by omission, there is either a felony when the offender
fails to perform an act required by law to be done, or no felony, if
the offender performs the act.

Nota Bene:

 In the case of People versus Orita, 184 SCRA 1905, the


Supreme Court held there is no such crime as Frustrated
Rape. Rape could either be attempted of
consummated.

When is a felony consummated?

 A felony is consummated when all the elements necessary for


its execution and accomplishment are present.

 Every crime has its own elements which must all be present to
constitute a culpable violation of a precept of law.

6. As to penalty

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a. Crimes punishable by capital or afflictive penalties GRAVE


FELONIES
Capital penalty: death penalty
Afflictive penalties:
4. Life Imprisonment: highest penalty to be imposed in
violation of a special law
5. Reclusion Perpetua or RP: 20 years and 1 day to 40
years: highest penalty imposed in violation of the
revised penal code
6. Reclusion Temporal or RP: 12 years and 1 day to 20
years
7. Prision Mayor or PM: 6 years and 1 day 12 years
b. Crimes punishable by correctional penalties: LESS GRAVE
FELONIES
1. Prision correccional or PC: 6 months and 1 day to 6
years
2. Arresto mayor or Amayor: 1 month and 1 day to 6
months
c. Crimes punishable by light penalties: LIGHT FELONIES
1. Arresto menor or Amenor: 1 day to 30 days

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to the result of crimes

a. acquisitive crime - when the offender acquires something as


a consequence of his criminal act e.g. Theft & Robbery

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b. extinctive crime - when the end result of a criminal act is


destructive e.g. Arson & Malicious Mischief

2. As to the time or period committed

a. seasonal crime - those committed only during a certain period


of the year e.g. violation of tax law or tax evasion; vote buying,
electoral sabotage and other election related cases. Treason
b. situational crimes - those committed only when given the
situation conducive to its commission e.g. given opportunity

3. As to the length of time committed

a. instant crimes - those committed in the shortest possible time


b. episodal crime - those committed by a series of act in a
lengthy space of time.

4. As to the place of location of the commission

a. static crime - those committed in one place


b. continuing crime - those that can be committed in several
places. e.g transnational crimes

5. As to the use of mental faculties

a. rational crimes - those committed with intention and offender


is in full possession of his sanity
b. irrational crimes - those committed by persons who do not
know the nature and quality of his act on account of the
disease of the mind.

6. As to the type of offenders

a. white collar crimes - those committed by person of


respectability and of upper socio-economic class in the course
of their occupational activities: Coined by Edwin H. Sutherland

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b. blue collar crimes - those committed by ordinary professional


criminals to maintain their livelihood.

7. As to the standard of living of the criminals

a. Crimes of the upper world - falsification cases


b. Crimes of the underworld - bag snatching

8. Crime by Imitation

- “copy cat” crime, committed by mere duplication of what was done


by others.

9. Crime by Passion

- committed because of the fit of great emotion, such as anger

10. Occupational (service related) Crime

- committed by rendering all service to satisfy the desire of another.

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FUNDAMENTAL STUDY OF CRIMINAL LAW

Criminal or penal law is that branch of public law which defines


crimes, treat of their nature, and provides for their punishment.

NOTE: The Revised Penal Code is the book that contains the PHILIPPINE
CRIMINAL LAW and likewise, it is embodied in different special laws
and decrees which are penal or criminal in nature.

JANUARY 1, 1932 - effectivity date of the Revised Penal Code

FELONIES AND CRIMES

 CRIME is also defined as an act committed or omitted in violation


of a public law forbidding or commanding it.
 CRIME is also defined as an act that violates the law of the law
of the nation.
 FELONIES are acts and omissions punishable by revised penal
code.
 They are committed not only by means of deceit (dolo) but also
by means of fault (culpa) (Art. 3, RPC).

Criminal Law

Is a branch of municipal law which defines crimes, treats of their


nature and provides for their punishment.
Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity

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1. Generality

 Criminal law is binding on all persons who reside or sojourn in


the Philippines.
 Examples: ALIEN: FOREIGNER

Exceptions:

1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public international law.
Examples:
a. Sovereigns and other head of state.
b. Ambassador, minister plenipotentiary, minister resident and
charges d' affaires.
 But consuls, vice-consuls and other foreign commercial
representatives cannot claim the privileges and immunities
accorded to ambassadors and ministers.
 Retinue: Helpers or employee of the head of the state are also
excepted.

2. Territoriality
 Penal laws of the Philippines are enforceable only within its
territory.

Exception:

Article 2 of the RPC is binding even on crimes committed outside of


the Philippines.
1. Offenses committed while on Philippine ship or airship.

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 French Rule: Crimes are not triable in the origin


country.
 English Rule: Crimes are triable in the country of origin.
Philippines follow this system.

2. Forging or counterfeiting any coin or currency note of the


Philippines or the obligations and securities issued by the
government.
3. Introduction into the country of the above mentioned
obligations and securities.
4. While being public officers and employees and offense is
committed in the exercise of their functions.
5. Crimes against national security and the law of the nations
defined in title I of Book II of the Revised Penal Code.
Example is TREASON.

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3. Prospectivity
 Criminal law has no retroactive effect.
 Example: A, farted in public place e.g. elevator on October 21.
October 25 President Duterte signed RA 11111 penalizing
farting in public spaces with a penalty of Prision Mayor.

Exception:
 When the law is favorable to the accused.
Example: A, committed murder last October 21 with a penalty
of reclusion perpetua. October 25, President Duterte signed
into law RA 55555 reducing the penalty of murder from
reclusion perpetua to now reclusion temporal.

Exception to the Exception:


 Offender is a habitual criminal

Nullum Crimen, Nulla Poena, Sine Lege


 There is no crime if there is no law punishing it.

Mistake of Fact

 Misapprehension or misunderstood of fact on the part of the


person who caused injury to another. He is not criminally
liable.
 Examples. People of the Philippines vs. Achong

Motivated by criminal intent, the offender is criminally liable in:

1.Error in personae - mistake in identity


2.Abberatio ictus - mistake in blow
3.Praeter intentionem - lack of intent to commit so grave a
wrong.

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Impossible crime: BOOK 1 RPC; ARRESTO MAYOR

Requisites:
1. Act would have been an offense against persons or
property;
2. There was a criminal intent;
3. Accomplishment is inherently impossible or inadequate or
ineffectual means are employed;
4. Act is not an actual violation of another provision of the RPC
or of special law;

Who are Criminally Liable?

The following are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.

Principals:
The following are considered principals:
1.Those who take a direct part in the execution of the act;
Principals by DIRECT PARTICIPATION. A wants to kill B. A shot B
using his 9MM pistol. B died. A is liable for MURDER.
2.Those who directly force or induce others to commit
it; PRINCIPAL BY INDUCEMENT. A wants to kill B. A hired C, a
hired killer in exchange of 1M. C killed B using his 9MM pistol.
Both A and C are liable for MURDER.

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3.Those who cooperate in the commission of the offense by


another act without which it would not have been
accomplished. PRINCIPAL BY INDISPENSABLE COOPERATION.
A wants to kill B. A hired C, a hired killer to kill B. B is living in
the middle of the sea. C, sought the help of D, a lone boat
owner to use the boat. D agreed knowing the criminal
designs of A and C to kill B. C managed to ride the boat of D
and was able to kill B using his 9MM pistol.
A is liable as PRINCIPAL BY INDUCEMENT.
C is liable as PRINCIPAL BY DIRECT PARTICIPATION.
D is liable as PRINCIPAL BY INDISPENSABLE COOPERATION.
A, C, D ARE ALL LIABLE FOR MURDER.

Accomplices:
 Accomplices are those persons who, not being included in
Art. 17, cooperate in the execution of the offense by previous
or simultaneous acts.
 Ex: A wants to kill B. A hired C to kill B. C sought the help of D, a
gun owner. Knowing the criminal design of A and C to kill B, D
lent his 9MM pistol. C managed to kill B using the 9MM pistol of
D.
A is liable as PRINCIPAL BY INDUCEMENT.
C is liable as PRINCIPAL BY DIRECT PARTICIPATION.
D is liable as ACCOMPLICE to the crime of MURDER of A and
C.

Accessories:
 Have knowledge of the commission of the crime, without
having participated either as principals or accomplices, take
part subsequent to its commission

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Accessories; Acts Committed:

a. By profiting themselves or assisting the offender to profit


by the fruits or effects of the crime.
b. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its
discovery.
c. By harboring, concealing, or assisting in the escape of
the principals of the crime.

Consummated Frustrated Attempted Penalty

Principals 0 RP 1 RT 2 PM RP

Accomplice 1 RT 2 PM 3 PC RT

Accessories 2 PM 3 PC 4 Amayor PM

A killed B using his 9MM pistol. A is liable for MURDER. PC

Amayor

Amenor

END OF MIDTERMS

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FINALS

 Who is a Criminal?

On the basis of the definition of crime, a criminal maybe defined in


three ways:

1. A criminal is a person who has committed a crime and has


been convicted of final judgment by a competent court.
2. A criminal is a person who violated a social norm or one who
acted an anti-social act.
3. A criminal is one who violated rules of conduct due to
behavioral maladjustment.

CLASSIFICATION OF CRIMINALS

Based on etiology:

A. Acute Criminal
 One who violates a criminal law by impulse or due to fit of
passion.
B. Chronic Criminal
 One who acted with deliberation or premeditation, one who
plans the crime ahead of time.

Based on behavioral system:

A. Ordinary Criminal
 Considered as the lowest mammal in the criminal profession; he
was forced by opportunity pushed to commit crime.
B. Professional Criminal
 One who is engaged in criminal activities with high degree of
skill; he uses crime to maintain a living.

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C. Organized criminal
 Has high degree of organization to enable them to commit
crimes without being detected and committed to specialized
activities which can be operated in large scale business.

Based on mental attitude:

A. Active Criminal
 One who commits crime due to aggressiveness
B. Passive Criminal
 One who commits crime because they are forced by a reward
or promise.
C. Socialized Delinquent
 Individual with defective socialization process or development
thus he lacks proper moral values or ethical standards.

Other classification of criminals:

A. Accidental Criminal
 one who commits crime when the situation is conducive
B. Habitual Criminal
 one who consciously developed the habit of committing crime
due to lack of self-control.

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Seventeenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of
July, two thousand eighteen.
REPUBLIC ACT No. 11131
AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN
THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS
"AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS
IN THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the
Philippine Congress assembled:
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology
Profession Act of 2018".
Section 2. Statement of Policy. - The State recognizes the importance
of criminology profession in national security, public safety, peace
and order, and in nation-building and development. Hence, it shall
develop and nurture competent, virtuous, productive and well-
rounded criminologists whose standards of professional practice and
service shall be excellent, qualitative, world-class and globally
competitive through sacred, honest, effective and credible licensure
examinations, coupled with programs and activities that would
promote professional growth and development.

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Section 3. Objectives. - This Act shall govern:


(a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of
criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of
criminologists through Continuing Professional Development
(CPD); and
(e) The integration of all criminology professional groups, and
membership of all registered criminologists to the accredited
professional organization.
Section 4. Definition of Terms. - As used in this Act, the following terms
shall be defined as follows:
(a) APO refers to the Accredited Professional Organization of
criminologists, that the Professional Regulatory Board of
Criminology created hereunder and, hereinafter referred to as
the Board, as the one and only recognized and accredited
integrated national organization of criminologists, subject to the
approval of the Professional Regulation Commission (PRC)
hereinafter referred to as the Commission created under
Republic Act No. 8981, otherwise known as the "PRC
Modernization Act of 2000";
(b) Board refers to the Professional Regulatory Board for
Criminologists created hereunder;
(c) CHED refers to the Commission on Higher Education (CHED)
created under Republic Act No. 7722, otherwise known as
"Higher Education Act of 1994", in the formulation of policy
standards, and monitoring of the criminology education in the
country, which shall be assisted by the Criminology Technical
Panel composed of the president of the APO, Chairperson of the
Board of Criminology, one (1) from the academe, and two (2)
from the law enforcement agencies;

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(d) Commission refers to Professional Regulation Commission


(PRC) hereinafter referred to as the Commission created under
Republic Act No. 8981, otherwise known as the "PRC
Modernization Act of 2000";
(e) Criminology refers to the scientific study of crimes, criminals,
and victims, it also deals with the prevention, and solution of
crimes;
(f) Profession refers to the art and science in the practice of
criminology discipline; and,
(g) Registered criminologist refers to a natural person who holds
a valid certificate of registration and an updated professional
identification card as criminologist issued by the Board and the
Commission pursuant to this Act.
Section 5. Scope of Practice. - The practice of criminology shall
include, but shall not be limited to, acts or activities performed:
(a) In line with the practice of profession or occupation as a law
enforcement administrator, executive, adviser, consultant,
officer, investigator, agent or employee in any private or
government agencies performing law enforcement and quasi-
police functions at the Philippine National Police (PNP), the
National Bureau of Investigation (NBI), the Philippine Drug
Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP),
the Bureau of Jail Management and Penology (BJMP), the
Provincial Jail, the Bureau of Corrections (BUCOR), the Probation
and Parole Administration (PPA), the Bureau of Internal Revenue
(BIR), the Bureau of Customs (BoC), the Bangko Sentral ng
Pilipinas (BSP), other government and private banks, the
Philippine Postal Corporation (PPC), the Sea and Air Marshalls,
the VIP Security, Airport and Seaport Police, the National
Intelligence Coordinating Agency (NICA), the Intelligence
Service of the Armed Forces of the Philippines (ISAFP), and other
intelligence service or agencies of the government exercising
similar functions;

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(b) In line with the practice of teaching profession such as those


performed by a professor, instructor or teacher in any university,
college or school duly recognized by the government of any of
the following professional and component subjects of the
criminology program: (1) Criminal Jurisprudence and Procedure;
(2) Criminalistics; (3) Law Enforcement Administration; (4) Crime
Detection and Investigation; (5) Correctional Administration;
and (6) Criminal Sociology and Ethics, and other technical and
specialized subjects in the criminology curriculum provided by
the CHED;
(c) As a technician, examiner/criminalist, or specialist in
dactyloscopy, questioned document, deoxyribonucleic acid
(DNA), lie detection, firearms identification, forensic
photography, forensic chemistry and other scientific crime
detection and investigation;
(d) As a correctional administrator, executive, supervisor, or
officer in any rehabilitation, correctional, and penal institution or
facility, and in any community-based corrections, and
rehabilitation agencies and/or programs;
(e) As a counsellor, consultant, adviser or researcher in any
government or private agency on any aspect of criminological
research or project involving the causes of crime, children in
conflict with the law, treatment of offenders, police operations,
law enforcement administration, scientific criminal investigation
or public safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent,
or detective in any private security and investigation agency
organized under the laws of the Philippines.
The Board, in consultation with the APO and the academe, subject to
the approval of the Commission, may revise, exclude from or add to
the above enumerated acts or activities as the need arises to conform
with the latest trends in the practice of criminology in the country.

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ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
Section 6. Creation, and Composition of the Professional Regulatory
Board for Criminologists. - There is hereby created a Professional
Regulatory Board for Criminologists, a collegial body under the
administrative supervision and control of the Commission, to be
composed of a Chairperson and four (4) members appointed by the
President of the Philippines from a list of three (3) recommendees for
each position, chosen and ranked by the Commission from a list of
three (3) nominees for every position endorsed by the APO. The new
Board shall be organized not later than six (6) months from the
effectivity of this Act.
Section 7. Qualifications of the Chairperson and Members of the
Board. - The Chairperson and each member shall, at the time of their
appointment, possess all these qualifications:
(a) Must be a natural-born Filipino citizen and a resident of the
Philippines;
(b) Must be of good moral character, good reputation and of
sound mind and body;
(c) Not convicted by a court of competent jurisdiction of any
offense involving moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology,
and a holder of a Post-Graduate Degree in Criminology or a
lawyer in any reputable school recognized by the CHED;
(e) Must be a registered criminologist with a valid certificate of
registration and a valid professional identification card, having
at least ten (10) years of practice in the profession prior to the
appointment including no less than two (2) years teaching
experience of criminology or law subjects in full-time or part-time
capacity in the college of criminology or college of law
recognized by the government through the CHED;
(f) Must be a member in good standing of the APO but not an
officer or trustee thereof; and

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(g) Must not be a member of the faculty of any school, college


or university where a regular class or review course in criminology
is offered, nor a member of the staff of reviewers in a review
school or center, and must not have any direct or indirect
pecuniary interest in any such institution.
Section 8. Term of Office. - The Chairperson and members of the
Board shall hold office for a term of three (3) years from the date of
appointment or until their successors shall have been qualified and
appointed. They may be reappointed to the same office for another
term of three (3) years immediately after the expiry of their
term: Provided, That the holding of such position shall not be more
than two (2) terms nor more than six (6) years, whichever is
longer: Provided, further, That the first Board under this Act shall hold
these terms of office: the Chairperson for three (3) years, the first two
(2) members for two (2) years, and the second two (2) members for
one (1) year: Provided, finally, That any appointee to a vacancy with
an unexpired period shall only serve such period. The Chairperson and
the members shall duly take their oath of office.
Section 9. Compensation, Allowances and Other Benefits. - The
Chairperson and members of the Board shall receive compensation,
allowances and other benefits comparable to that being received by
the Chairpersons and members of other Professional Regulatory
Boards under the Commission as provided for under Section 10 of
Republic Act No. 8981 and other existing laws.
Section 10. Powers, Functions, Duties and Responsibilities of the
Board. - The Board shall exercise executive, administrative, rule-
making and quasi-judicial powers in carrying out the provisions of this
Act. It shall be vested with the following specific powers, functions,
duties and responsibilities:
(a) To administer, supervise, and monitor the conduct of the
licensure examination, registration, membership in the APO and
the practice of criminology in accordance with the provisions of
this Act;

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(b) To receive complaints and decide the matter as to the


malpractices and unethical conduct in the practice of the
criminology profession;
(c) To promulgate and issue rules and regulations implementing
the provisions of this Act;
(d) To promulgate and adopt Code of Ethics and Code of Good
Governance for the practice of criminology;
(e) To adopt an official seal of the Board;
(f) To prescribe and promulgate guidelines on the conduct of a
CPD program for criminologists in consultation with the APO;
(g) To promulgate, adopt or amend the syllabi and tables of
specifications of the subjects for the licensure examination/s in
consultation with the APO, the academe, and the CHED
Technical Panel for Criminology, prepare questions for the
licensure examination which shall strictly be within the scope of
the syllabi of the subjects for examination, as well as administer
and correct, and release the results of the licensure
examinations;
(h) To issue, suspend, revoke or reinstate the certificate of
registration of the registered criminologist or cancel
temporary/special permit granted to foreign criminologist;
(i) To administer oaths in the performance of its functions such
as, but not limited to, the oath of a professional to successful
examinees in licensure examination for criminologist together
with the APO in an appropriate mass oath-taking ceremony to
be held for the purpose;
(j) To monitor the conditions affecting the practice of
criminology and whenever necessary, adopt such measure as
may be deemed proper for the enhancement of the profession
and the maintenance of high professional, ethical an^ technical
standards; for this purpose, the members of the Board, duly
authorized by the Commission, may conduct ocular inspection
of establishments where criminology is practiced, and

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recommend sanction as it may deem proper to the appropriate


government agency concerned;
(k) To monitor all colleges and universities offering criminology
program and recommend sanctions to the CHED or to other
authorized government offices, for noncompliance with the
policies, standards, and requirements as to faculty qualifications,
laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
(l) To hear and investigate cases on violations of this Act, its
implementing rules and regulations (IRR), the Code of Ethics, the
Code of Good Governance and other policies, and for this
purpose, to issue summons, subpoena ad testificandum and
subpoena duces tecum to alleged violators and/or witnesses to
compel their attendance in such hearings or investigations and
the production of documents in connection therewith:
(m) To delegate to the Commission the hearing or investigation
of cases against the alleged violators: Provided, That the
hearing or investigation of cases wherein the issue or question
involved strictly concerns the technical practice of criminology
shall be presided over by at least one (1) member of the Board
assisted by a Legal or Hearing Officer of the Commission;
(n) To recommend to the Commission the endorsement of cases
involving criminal violations of this Act, its IRR, and other laws to
the Prosecution Office or appropriate government agency, for
investigation and appropriate action;
(o) To disqualify applicants for the licensure examination who
has been previously convicted of a crime with finality involving
moral turpitude. Hear and decide administrative cases against
the examinees or registered criminologists if they have been
convicted of a crime involving moral turpitude: Provided, That if
they are found guilty, the Board shall cancel their examination
papers and/or preclude them from taking another licensure
examination, or to revoke/suspend their certificates of
registration and cause the surrender of their professional

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identification card subject to the rules and regulations of the


PRC: Provided, further, That the decision of the Board shall,
unless appealed to the Commission, become final and
executory after fifteen (15) days from receipt of notice of
judgment or decision;
(p) To conduct, through the Legal or Hearing Officers, summary
proceedings against the examinees who commit violations of
this Act, its IRR, any of the Codes aforementioned, including
violation of the General Instructions to Examinees, and to render
summary judgment thereon which shall, unless appealed to the
Commission, become final and executory after fifteen (15) days
from receipt of notice of judgment or decision;
(q) To prepare an annual report of accomplishments on
programs, projects and activities of the Board for submission to
the Commission after the close of each calendar year and make
appropriate recommendations to the Commission on issues or
problems affecting the criminology profession; and
(r) To exercise such other powers as may be provided by law as
well as those which may be implied from, or which are incidental
or necessary to the effective carrying out of the express powers
granted to the Board to achieve the objectives and purposes of
this Act. The resolutions, rules and regulations and other policies
issued and promulgated by the Board shall be subject for review
and approval by the Commission.
However, the Board's decisions, resolutions or orders rendered in an
administrative case shall be subject to review only if on appeal.
Section 11. Grounds for Removal or Suspension of Board
Chairperson/Member. - The President of the Philippines, upon the
recommendation of the Commission, after due process and
administrative investigation conducted by the Commission, may
remove or suspend the Chairperson or member of the Board on any
of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge
of one's duty;

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(b) Commission of any of the causes/grounds and the prohibited


acts provided in this Act and the offenses in the Revised Penal
Code, the Anti-Graft and Corrupt Practices Act, and other laws;
(c) Manipulation or rigging of the results in the licensure
examination for criminologists, disclosure of secret and
confidential information on the examination questions prior to
the conduct thereof, or tampering of grades; and
(d) Conviction with final judgment of any crime involving moral
turpitude. The Commission, in the conduct of the investigation,
shall be guided by Section 7(s) of Republic Act No. 8981, the rules
on administrative investigation, and the applicable provisions of
the New Rules of Court.
Section 12. Administrative Supervision of the Board; Provision of
Support Services. - The Board shall be under the administrative
supervision of the Commission. The Commission shall keep all records
of the Board including applications for examination, examination
papers and results, minutes of deliberation and administrative cases.
The Commission shall designate the Secretary of the Board and shall
provide the other support services to the Board in order to implement
the provisions of this Act.
ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE
Section 13. Passing of Licensure Examination Requirements. - Except
as otherwise specifically allowed under this Act, applicants for
registration for the practice of criminology shall be required to pass a
licensure examination as provided for in this Act, in such places and
dates as the Commission may designate in the resolution thereof on
the Master Schedules for all licensure examinations in accordance
with Section 7(d) of Republic Act No. 8981.
Section 14. Qualifications of an Applicant for the Licensure
Examination. - An applicant for the licensure examination for
criminologist shall satisfactorily prove that one possesses the following
qualifications:

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(a) Must be a citizen of the Philippines or a foreign citizen whose


country/state has reciprocity with the Philippines in the practice
of criminology;
(b) Must be of good moral character, good reputation and of
sound mind and body certified by the school wrhere he/she
graduated and the barangay where he/she lives, unless the
examinee is a foreign national a certification from any
professional of good standing will do;
(c) Must hold a bachelor's degree in criminology duly
accredited by the CHET) and conferred by a
school/college/university duly authorized by the government or
its equivalent degree obtained by either a Filipino or foreign
citizen from an institution of learning in a foreign
country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
(d) Must not have been convicted of an offense involving moral
turpitude by a court of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or
cumulative in the criminologist licensure examination, must
present a certification issued by a reputable institution duly
recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.

Section 15. Subjects for Licensure Examination. - The licensure


examination for criminologists shall include, but shall not be limited to,
the following:
Subjects Relative Weights

(a) Criminal Jurisprudence and Procedure:

Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;

Criminal Procedure;

Evidence;

Court Testimony 20%

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(b) Law Enforcement Administration:

Police Organization and Administration, Police Planning;

Police Patrol Operations, Police Communication System;

Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;

Industrial Security Management 20%

(c) Crime Detection and Investigation:

Fundamentals of Criminal Investigation;

Special Crime, Organized Crime Investigation; Fire Technology and Arson


Investigation;
Traffic Management and Accident Investigation;

Drug Education and Investigation;


Vice Control 15%

(d) Criminalistics:

Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy;


Examination; Forensic Ballistics;

Questioned Documents 20%

(e) Correctional Administration:

Institutional Corrections; Non-Institutional Corrections 10%


(f) Criminal Sociology:

Introduction to Criminology and Psychology of Crimes;

Philippine Criminal Justice System;

Ethics and Values;

Juvenile Delinquency and Crime Prevention;

Human Behavior and Crisis Management; Criminological Research and Statistics 15%

The Board, in consultation with the APO and the academe and
subject to the approval of the Commission, may revise or exclude any
of the subjects with their corresponding ratings and their syllabi, and
add new ones as the need arises to conform with technological
changes brought about by developing trends in the profession.

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However, the Board may change or revise any of the above subjects
in the event the CHED shall correspondingly change the curriculum
prescribed for the Degree of Bachelor of Science in Criminology. In
the conduct of the examination, the Board, in its discretion, may give
practical and field examinations in each subject, as it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. - All
subjects for the licensure examination shall be taught by a registered
criminologist who is a holder of a valid certificate of registration and
updated professional identification card for criminologist, APO
membership, and CPD required units earned, and meet other CHED
requirements. Allied fields in criminology may also be allowed to
teach as it may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure
examination for criminologist, a candidate must obtain a weighted
average rating of seventy-five percent (75%) with no grade less than
sixty percent (60%) in any given subject. In case the examinee obtains
a weighted average rating of seventy-five percent (75%) but, has a
grade below sixty percent (60%) in any of the subjects, the result of
the examinee shall be deferred, and be required to retake that
particular subject/s. The deferred examinee shall only be allowed to
retake once within two (2) years from the date of the examination,
and shall be required to obtain a grade not lower than eighty percent
(80%) on the subject, to be considered to have passed the licensure
examination. If the examinee failed to retake after the lapse of two
(2) years or failed to get the passing mark of eighty percent (80%), the
examinee shall retake all the board subjects.
Any examinee who failed three (3) or more board subjects shall be
deemed to have failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the
Commission the ratings obtained by the candidates not later than ten
(10) days after the last day of the examination, unless the period is
extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure
examination shall take their oath of profession in person before the

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Board or any of its members, and with the APO in an oath-taking


ceremony held for such purpose. Any person authorized by law may
administer oath to any successful examinees only upon membership
of the APO prior to entering the practice of the profession.
Section 20. Issuance of Certificate of Registration and Professional
Identification Card. - A certificate of registration shall be issued to
those who shall register, subject to payment of fees prescribed by the
Commission. It shall bear the signatures of the Chairperson and the
Commissioners of the Commission and the Chairperson and members
of the Board, stamped with the official seal of the Commission and of
the Board, certifying that the person named therein is entitled to
practice the criminology profession with all the privileges appurtenant
thereto. It shall remain in full force and effect until withdrawn,
suspended or revoked in accordance with this Act.
A professional identification card bearing the registration number and
date, its validity, and expiry duly signed by the Chairperson of the
Commission shall likewise be ^issued to every registrant who has paid
the prescribed fee. It shall be reissued after every three (3) years upon
payment of the prescribed fees, prescribed units earned in the CPD,
and certified by the APO as active member.
Section 21. Refusal to Issue Certificate of Registration and Professional
Identification Card or Temporary/Special Permit. - The Board shall not
register any successful applicant for registration who has been:
(a) Convicted with finality of a crime involving moral turpitude
by a court of competent jurisdiction;
(b) Found guilty of immoral or dishonorable conduct by the
Board;
(c) Summarily adjudged guilty for violation of the General
Instruction to Examinees by the Board; and
(d) Declared of unsound mind by a court of competent
jurisdiction. In refusing such registration, the Board' shall give the
applicant a written statement setting forth the reasons thereof
and shall file a copy in its records.

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Section 22. Revocation or Suspension of the Certificate of Registration


and Cancellation of Temporary/Special Permit - The Board shall have
the power, upon notice and hearing, to revoke or suspend the
certificate of registration of a registered criminologist or to cancel a
temporary/special permit granted to foreign criminologist for the
commission of any of the following acts:
(a) Violation of any provision of this Act, its IRR, the Code of
Ethics, the Code of Good Governance, or policy of the Board
and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c) Perpetration or use of fraud in obtaining one's certificate of
registration, professional identification card or
temporary/special permit;
(d) Gross incompetence, negligence or ignorance resulting to
death or injury of a person, or damage to property;
(e) Nonrenewal of the professional identification card for a
period of six (6) years with the PRC without justifiable cause;
(f) Aiding or abetting the illegal practice of a non-registered
criminologist by allowing the use of one's certificate of
registration and/or professional identification card or
temporary/special permit;
(g) Illegally practicing the profession during the suspension from
the practice thereof;
(h) Addiction to drugs or alcohol impairing one's ability to
practice the profession or a declaration by a court of
competent jurisdiction that the registrant is of unsound mind;
and
(i) Noncompliance with the CPD and APO requirements, unless
one is exempted therefrom, for the renewal of the professional
identification card. The Board shall periodically evaluate the
aforementioned grounds and revise or exclude or add new ones
as the need arises subject to approval by the Commission.

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Any person, firm or association may file charge/s in accordance with


the provision of this section against any registrant, and the Board may
investigate the commission of any of the abovementioned causes.
Affidavit-complaint shall be filed together with the affidavits of
witnesses and other documentary evidence with the Board through
the Legal and Investigation Office. The conduct of an investigation
motu proprio shall be embodied in a formal charge to be signed by
at least majority of the members of the Board. The rules on
administrative investigation issued by the Commission shall govern the
hearing or investigation, subject to applicable provisions of this Act,
Republic Act No. 8981 and the Rules of Court.
Section 23. Reissuance of Revoked Certificate of Registration,
Replacement of Lost or Damaged Certificate of Registration,
Professional Identification Card or Temporary/Special Permit - The
Board may, upon a verified petition, reinstate or reissue a revoked
certificate of registration after two (2) years from the effectivity of the
period for revocation, which is the date of surrender of the certificate
and/or the professional identification card if still valid to the Board
and/or the Commission. The petitioner shall prove to the Board that
one has valid reason/s to practice anew the profession. In the
granting of the petition, the Board shall issue a Board resolution,
subject to approval by the Commissioiy
A certificate of registration, professional identification card or
temporary/special permit that has been declared lost may be
reissued in accordance with the rules thereon and upon payment of
the prescribed fees.
Section 24. Nonpayment of the Annual Registration Fees. - The Board
shall suspend a registered criminologist from the practice of the
profession whether in government service, or have used the license as
eligibility equivalent for promotion in government service, or in the
private sector, for nonpayment of the registration fees for two (2)
consecutive registration periods from the last or previous year of
payment. Other surcharges shall be determined and charged by the
Commission.

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Section 25. Renewal of Professional Identification Card. - The


professional identification card shall be renewed only upon the
completion of the prescribed minimum units of the CPD program by
the registrant from the APO or any accredited provider authorized by
the Commission.
Section 26. Vested Rights; Automatic Registration. - All criminologists
registered at the effectivity of this Act shall automatically be
registered hereunder, subject to the provisions herein set forth as to
future requirements. Certificates of registration and professional
identification cards or temporary/ special permits held by such
persons in good standing at such effectivity date shall have the same
force and effect as though they were issued on or after the said
effectivity.
ARTICLE IV
PRACTICE OF CRIMINOLOGY
Section 27. Lawful Practitioners of Criminology. - The following persons
shall be authorized to practice the criminology profession:
(a) Natural persons:
(1) Duly registered criminologists and holders of valid
certificates of registration and valid professional
identification cards issued by the Board and the
Commission pursuant to this Act; and
(2) Holders of valid temporary/special permits issued by the
Board and the Commission to foreign licensed
criminologists pursuant to this Act.
(b) Juridical persons:
(1) Single proprietorship whose owner and technical staff
are registered criminologists;
(2) Partnership duly registered with the Securities and
Exchange Commission (SEC) as professional partnership
pursuant to the Civil Code and composed of partners
majority of whom are registered criminologists;

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(3) Corporation duly registered with the SEC as engaged in


the practice of criminology and with officers and Board of
Directors who are all registered criminologists; and
(4) Association and cooperative duly registered with the
appropriate government agency as a non-stock
corporation where majority of the officers, Board of Trustees
and members are registered criminologists.
These juridical persons shall also be registered with the Board and
the Commission in accordance with the rules and regulations
thereon.
Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be
exclusively and legitimately used by the practitioners of the
criminology profession which shall be distributed by the Board through
the APO.
Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take
the licensure examination for criminologists, register, receive ones
certificate of registration and professional identification card, and
practice criminology in the Philippines unless the requirements for the
licensure examination and/or registration and practice of criminology
imposed under the laws and regulations in the foreign country/state
are substantially the same as those required and contemplated by
the Philippine laws and regulations, and unless the foreign laws and
regulations allow Philippine citizens to practice criminology within the
territory of the foreign country/state on the same basis and grant the
same privileges as those enjoyed by the citizens, subjects or nationals
thereof.
Section 30. Practice Through Temporary/Special Permit. -
Temporary/Special permit may be issued by the Board subject to the
approval by the Commission and payment of fees the latter has
prescribed and charged thereof to the following:
(a) Registered criminologists from foreign countries/states whose
services are rendered either for free or for a fee:

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(1) If they are internationally known criminologists or experts


in any branch, specialty or allied field of criminology; and
(2) If their services are urgently and importantly required for
lack or inadequacy of available local specialists or experts;
or for the promotion or advancement of the practice of
criminology through transfer of technology;
(b) Registered criminologists from foreign countries/states whose
services shall be free and limited to indigent patients in a
particular hospital, center or clinic; and
(c) Registered criminologists from foreign countries/states
employed as exchange professors in a branch, specialty or
allied field of criminology, in schools, colleges or universities
offering the course of criminology.
The permit shall, among other things, contain these limitations and
conditions for a period of not more than one (1) year subject to
renewal: the branch or specialty of criminology and the specific
place of practice such as clinic, hospital, center, school, college or
university offering the course of criminology. The Board, subject to the
approval of the Commission, shall promulgate rules and regulations
on the implementation of this particular section.
Section 31. Indication of Numbers: Certificate of Registration,
Professional Tax Receipt and. APO Membership. - The practitioner of
the criminology profession shall be required to indicate the certificate
of registration number and date of issuance, the expiry of the current
professional identification card, the professional tax receipt number
and date, and the APO membership number and date with official
receipt number and date of membership payment (annual/lifetime)
on the documents one signs, uses or issues in connection with the
practice of the profession.
Section 32. Roster of Registered Criminologists. - The Board shall
prepare and maintain a roster showing the names, residence and/or
office address of all registered criminologists, which shall be updated
annually in cooperation with the APO, indicating therein the status of
the certificate of registration, professional identification card and APO

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membership. The roster shall be made available to any party as may


be deemed necessary.
Section 33. Integration of Registered Criminologists. - The registered
criminologists shall be integrated into one (1) national organization of
criminologists that is duly registered with the SEC. The Board, subject
to the approval by the Commission, shall accredit the organization as
the one and only integrated and accredited national organization of
criminologists: Provided, That its continued accreditation is subject to
compliance with the periodic requirements and standards set forth by
the Commission.
All criminologists whose names appear in the Registry Book of
Criminologists shall ipso facto or automatically become members
thereof and shall receive therefrom, all the benefits and privileges
upon payment of APO membership fees and dues. Membership in an
affiliate organization of criminologists shall not be barred.
ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS
Section 34. Privileges of Registered Criminologists. - All registered
criminologists shall be exempt from taking any other entrance or
qualifying government or civil service examinations and shall be
considered civil service eligible to the following government positions,
among others: (1) Dactylographer; (2) Ballistician; (3) Questioned
Document Examiner; (4) Forensic Photographer; (5) Polygraph
Examiner; (6) Probation Officer; (7) Parole Officer; (8) Special
Investigator; (9) Special Agent; (10) Investigative Agent; (11)
Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13)
National Police Commission (NAPOLCOM) Inspector; (14) Traffic
Operation Officer; (15) Associate Graft Investigation Officer; (16)
Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19)
Security Officer; (20) Criminal Investigator; (21) Warden; (22)
Reformation Officer; (23) Firefighter; (24) Fire Marshall; (25) Jail Officer
up to the rank of Jail Superintendent; (26) Police Officer up to the rank
of Police Superintendent and other law enforcement agencies, and
agencies under the Criminal Justice System.

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Section 35. Preference of Appointment in Government Criminal


Justice and Other Government Institutions. - Registered criminologists
shall enjoy priority of appointment and shall not be required to take
any qualifying or entrance examinations in the PNP, the NBI, the BJMP,
the BFP, the Land Transportation Office (LTO) and other government
positions related to criminology, police and law enforcement work,
investigations and security, corrections and public safety of the
following bureaus, departments, institutions or agencies of the
government: the Department of Justice (DOJ); the Commission on
Human Rights (CHR); the Office of the Ombudsman; the Philippine
Ports Authority (PPA); the Commission on Elections (COMELEC); the
Bureau of Treasury (BoT); the Philippine Amusement and Gaming
Corporation (PAGCOR); the Department of Environment and Natural
Resources (DENR); the Department of Tourism (DOT); the Department
of Trade and Industry (DTI); the Armed Forces of the Philippines (AFP);
the Bureau of Immigration (BI); the BoC; the Department of
Transportation (DOTr); the Air Transportation Office (ATO); the Civil
Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the
CHED; the City/Municipal Security Office; the Provincial Jail; the
Provincial Security Office; the Metro Manila Development Authority
(MMDA); the Supreme Court and lower courts; the Security
Consultation; the Social Security System; the NAPOLCOM; the
Autonomous Region in Muslim Mindanao (ARMM); the Optical Media
Board; the Intellectual Property Rights Office; the PDEA; the Public
Attorney's Office (PAO); the PPC; government-owned and -controlled
corporations and other government agencies with positions involving
the practice of criminology.1âwphi1
Section 36. Lateral Entry of Registered Criminologists. - Registered
criminologists who are not in the government service shall be eligible
and given preference for appointment via lateral entry as Police, Fire,
and Jail Inspectors or its equivalent in the PDEA, NBI, and other law
enforcement agencies: Provided, That they possess the general
qualifications for appointment as provided in the existing laws on
appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or
NBI: Provided, further, That those who are already in the police, fire,
and jail service as non-commissioned officers and who are already

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registered and licensed criminologists shall be given preference for


lateral entry.
Section 37. Penal Clause. - A fine of not less than One hundred
thousand pesos (₱100,000.00) nor more than Five hundred thousand
pesos (₱500,000.00), or imprisonment for not less than two (2) years
and one (1) day nor more than six (6) years, or both, at the discretion
of the court shall be imposed upon any person who shall commit any
of the following acts:
(a) Practicing criminology without valid certificate of registration
and a valid professional identification card or a valid
temporary/special permit;
(b) Attempting to use the seal, certificate of registration and
professional identification card of a registered criminologist or
temporary/special permit issued to a foreign criminologist;
(c) Abetting the illegal practice of criminology by an
unregistered or unauthorized person;
(d) Securing through false information or fraudulent means
certificate of registration and professional identification card or
temporary/special permit;
(e) Impersonating a registered criminologist or a holder of a
temporary/special permit; and
(f) Violating any provision of this Act or the IRR thereof. Where the
violator is a juridical person, the Board of Directors and other
responsible officers of the corporation shall be held liable.
Section 38. Enforcement. - In carrying out the provisions of this Act, the
Board shall be assisted by the Commission, the APO, duly constituted
government agencies and authorities and private organizations in the
industry.
Section 39. Appropriations. - The Chairperson of the PRC shall
immediately include in the Commission's programs the
implementation of this Act, the funding of which shall be included in
the annual General Appropriations Act.

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Section 40. Transitory Provision. - The incumbent Board shall, in an


interim capacity, continue to operate or function by carrying out the
provisions of this Act without need of new appointments of the
Chairperson and members thereof until the first Board created under
this Act shall have been constituted or organized pursuant thereto.
Section 41. Implementing Rules and Regulations (IRR). - Within ninety
(90) days from the effectivity of this Act, the Board, subject to approval
by the Commission, and in coordination with the APO, shall prescribe,
promulgate and issue a Board Resolution on the IRR cf this Act and
which shall be effective fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.
Section 42. Separability Clause. - If any provision, section or part of this
Act shall be declared unconstitutional or invalid, such judgment shall
not affect, invalidate or impair any other provisions, sections or parts
hereof.
Section 43. Repealing Clause. - Republic Act No. 6506, otherwise
known as "An Act Creating the Board of Examiners for Criminologists
in the Philippines and for Other Purposes", is hereby repealed. All other
laws. Republic Acts, decrees, orders, letters of instruction, rules and
regulations or other issuances, and parts thereof inconsistent with the
provisions of this Act are likewise repealed or modified accordingly.
Section 44. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in any newspaper
of general circulation.

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Approved,
GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives
VICENTE C. SOTTO III
President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill
No. 452 on March 12, 2018, and was adopted by the House of
Representatives as an amendment to House Bill No. 7191 on
September 11, 2018
DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: November 8, 2018
(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines

END OF FINALS

“God is good all the time”

Prepared by:

Mark John M. Pangan, RCrim, CCS, MSCJ

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