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CRIME
DETECTION
AND
INVESTIGATIO
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 CDI-1: FUNDAMENTALS OF CRIMINAL INVESTIGATION

CRIMINAL INVESTIGATION – is an art which deals with the identity and location of the
offender and provides evidence of guilt through criminal proceedings.

INVESTIGATION DEFINED: The collection of facts to accomplish a three-fold aim:

a. to identify the guilty party;
b. to locate the guilty party; and
c. to provide evidence of his guilt.

PRIMARY JOB OF AN INVESTIGATOR

The primary job of the investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed, he must
discover how it was committed, by whom, where it was committed, when and why it was committed
(Cardinal points of Investigation 5W’s and 1H).

SIX CARDINAL POINTS OF INVESTIGATION

WHAT specific offense has been committed? Nature of crime
WHERE crime was committed? Place or location
WHEN it was committed? Time and date
WHOM it was committed? Persons/s involved
WHY it was committed? Reason or motive of
Committing the
crime
HOW it was committed? Manner, method or
modus operandi

QUALITIES OF A GOOD INVESTIGATOR

1. Perseverance
2. Intelligence
3. Honest
4. Understanding of the people and environment
5. Keen power of observation

TRAINING
Training, as one of the foundations of investigation, is concededly a vital ingredient in the
creation of a total investigator. Experience alone does not make one good investigator. Many who had
been hostage to this notion often ended in jeopardy. The ideal conjugal partnership is training and
experience. The fusion of the best training and vast experience is a formidable force that can threat
even the most sophisticated technology and syndicated crimes. The necessity of training as a purveyor
of change builds the investigator’s confidence. It widens his vision for professional growth and
strengthens his will to survive and prevail over crises.
The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety
College is the institution that trains uniformed personnel of the Philippine National Police to become a
certified investigator.
THREE TOOLS OF INVESTIGATION

1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and

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records.

Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator from
informants, vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such as
prisoners and ex-convicts.
2. INTERVIEW AND INTERROGATION
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or
known.
This is the questioning of a person believed to possess knowledge that is in official
interest to the investigator.

BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does
not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to
talk to law enforcers. This makes interviewing an art.

I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for
Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should identify himself
to the subject by name, rank and agency. Except, when there is no need to know the
officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators; such
friendly atmosphere is a vital for both the subject and the investigator t have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is being
contracted.
Narration – the witness should be allowed to tell all he knows with little interruptions from the
investigator.
Inquiry – after all information have been given by the subject, that is the time for the
investigator to as question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation.

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
INTERROGATION –is a questioning of a person suspected of having committed an offense
or a person who is reluctant to make full disclosure of information in his possession which is
pertinent to the investigation.

What are the purposes of Interrogation?

a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice

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 e. To develop information which will lead to the recovery of the fruits of the crime
f. To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional
stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s
personality and decide what motivation would prompt him to tell the truth, and then provide those
motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in
trouble. Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person who
usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not
dealing with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time because he
knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are separated and one
is informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory experts
against him.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject may be unnerved to the extent of confessing:

CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law enforcement

officer on a person under custody and otherwise deprived of his freedom or liberty. This is the stage in
investigation where there is strict observance of the Miranda Doctrine.
MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme Court
Jurisprudence which laid down the constitutional rights of the accused during custodial investigation.
It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines.

3. INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crimes.
In cases where there are no significant physical evidence to be found, then the use of instrumentation is
relatively unimportant.
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PHASES/STAGES OF CRIMINAL INVESTIGATION
1. Identification of criminals
2. Tracing and locating the criminal
3. Gathering of evidence to prove the guilt of the criminal

1. IDENTIFICATION OF CRIMINALS

METHODS OF IDENTIFYING CRIMINALS

a. By confession or admission of the criminal himself
b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence
e. Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

Types of Confession
a. Extra-Judicial Confession – those made by the suspect during custodial investigation.
b. Judicial Confession– those made by the accused in open court. The plea of guilt may be
during arraignment or in any stage of the proceedings where the accused changes his plea of
not guilty to guilty.

ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgement of

guilt. It is an acknowledgement of a fact or circumstances from which guilt maybe inferred. It
implicates but does not incriminate. It is also an acknowledgement that a fact, action or circumstances
are true which strongly infer or directly admit guilt but lacks the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

1. Confession or admission must be taken preferably in writing and under oath
2. It must be written in the language known and understood by the accused, if not it must be
clearly translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of competent and
independent counsel chosen by the accused

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES

a. Known criminals
b. Unknown criminals
Methods of Identification by witness
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Artist sketch (Composite Criminal Illustration)
The value of identification by eyewitness depends on:
a. The ability to observe and remember distinct appearance of suspect;
b. Prevailing condition of visibility;
c. The lapse of time.

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What are the procedures of identification by eyewitness?
a. Physical line-up – is a means of selecting a suspect from a group of innocent persons
usually composed of seven to ten persons. The purpose of line-up is to eliminate the power
of suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of the
crime and made immediately after the arrest of the suspect.

CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in

connection with other facts, the identity of the person can be inferred.

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act
b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.
It could be inferred from the following:
a. The suspect could have been in the vicinity of the crime scene at the time it was
committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It
constitutes the essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the
crime scene. The suspect may leave some clues at the scene such as weapons, tools,
garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen
goods in the possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a
distinct pattern of how a crime is committed and is established by a series of crimes under one
classification. The modus operandi of one criminal is distinct and different from the other. It is a
criminal trademark, logo or brand name.

2. TRACING AND LOCATING THE CRIMINALS

INFORMANT – is a person who gives information to the police relevant to a criminal case about the
activities of criminals or syndicates.

TYPES OF INFORMANTS
a. Anonymous informant – do not wish to be identified.
b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness

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 c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

SURVEILLANCE – is the secret observation of persons, places, and vehicles for the purpose of
obtaining information concerning the identities or activities of the subject.
a. Surveillance of Place (fixed/ stake-out)
b. Shadowing
c. Roping

SURVEILLANT – is the person who maintains the surveillance or performs the observation.

SUBJECT – the person or place being watched or surveyed.

KINDS OF SURVEILLANCE
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping

How to conduct surveillance of place?

A careful survey of the surrounding area should be made. The character of the neighborhood,
residents and transient should be noted. The observation point should be
selected properly. When observation is conducted from a ‘plant’, surveillance agents must be
extremely careful not to reveal their true activity. Observation maybe made through a window or other
aperture so as to be unnoticed from the outside. Venetian blinds afford the best coverage, but may
appear to be out of place of some buildings. An alternative is to lower the roller of draw shades
another inch from the window. Binoculars are generally essentially equipment of the plants, as they
facilitate positive identification of person entering or leaving the place under and observation. A still or
video camera with telephoto lens can also be used effectively. Agents should take careful notes of
what they observe and should record detailed descriptions of all individuals entering the target. A
chronological log is usually the best of recording pertinent occurrences.

TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant
available, volume of pedestrian traffic and importance of concealing the surveillance.

METHODS OF SHADOWING
a. One man –extremely difficult and should be avoided, if unavoidable keep subject in view at
all times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater security agents
detection.
d. Progressive/Leap from method – poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each day.
e. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.

What are the things that should be avoided during shadowing?

a. Don’t meet the eye of the subject

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 b. Don’t adopt a slinking, sleuthing, creeping manner
c. Don’t wear story book disguises
d. Don’t carry noticeable items
e. Don’t greet fellow agents
f. Don’t make notations ostensibly

How to detect foot surveillance?

A subject who is suspicious of being under surveillance may resort to trickery in order to verify
his suspicion. When a subject resort to such trickery, it is good policy to change agents, for the
suspect may have ‘spotted’ one or more of his surveillants.
a. stopping abruptly and look back
b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows
k. walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. stopping to tie a shoe string, meanwhile looking around for surveillants
n. arranging with a friend in a shop, stores or other places to watch for surveillants.

How to elude foot surveillance?

Common method to elude foot surveillance in which surveillants must be prepared and guard
against are the following:
a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing

AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and type of surveillance
vehicles available, the volume of vehicular traffic in the area, the importance of concealing the
surveillance from the subject, and the subject’s estimated ability to detect and elude surveillance. At all
times each vehicle should be occupied by at least two agents; one to
concentrate on driving, and the other to observe, take notes, operate radio equipment, or to dismount
and continue the surveillance on foot.

How to detect automobile surveillance

As in the case of foot surveillance, a subject who believes he is being followed may resort to
trickery in order to verify his suspicions. Some of the common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
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 d. Committing flagrant traffic on one way streets, and running through red lights
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down

How to elude automobile surveillance

a. Committing traffic violations
b. Using double entrances to driveways; in one and out the other
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind curves or corners, but permitting the drivers to drive on as a
decoy.

UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a

different and unofficial identity in order to obtain information.

DEFINITIONS
a. Undercover- an investigative technique in which the Agent’s/Investigator’s official identity
is concealed to accomplish an investigative mission.
b. Natural cover- using the individual’s true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents, passports, or forged
documents.

3. GATHERING EVIDENCE

CRIME SCENE INVESTIGATION

It is the conduct of processes, more particularly, the recognition, search, collection, handling,
preservation and documentation of physical evidence to include the identification and interview of
witnesses and the arrest of suspect/s at the crime scene.

SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551 (PNP
Law). The former law placed the Philippine National Police Crime Laboratory as an Operational
Support Unit. The Crime Laboratory established the so-called Scene of the Crime Operation (SOCO)
which is field operation. This is now an innovation because the SOCO now gathers all evidence at the
crime scene and takes custody of them, marking and tagging them which otherwise the duty of the
criminal investigator before.

What Constitute a Crime Scene?

a. Crime scene can be understood to include all areas in which the criminal, any possible victim
and any eyewitness move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively
preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.
GOLDEN RULE AT CRIME SCENE INVESTIGATION
Never touch, move, or alter any object at the crime scene unless it has been
photographed, measured, and sketched from any conceivable angle.

UPON RECEIPT OF THE CRIME INCIDENT

1. The Desk Officer shall:

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 a. Record the date and time the report/complaint was made, the identity of the person
who made the report, place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.

2. The First Responder shall:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, etc.;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigator of the situation upon their arrival.

CRIME SCENE INVESTIGATION PROPER

A. Receipt of Briefing and Designation of Command Post
Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI
Evidence Custodian stays and receives the pieces of evidence turned over to him for safekeeping
by the other evidence collectors.

B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)

a. Makes a general assessment of the scene;
b. Takes a cautious walk- through of the crime scene;
c. Takes down extensive note to document important factors;
d. Establishes the evidence most likely to be encountered;
e. Defines the extent of the search area;
f. Determines the personnel and equipment needed and makes specific
assignments; and
g. From his assessments, he develops a general theory of the crime scene.

C. Preparation of Narrative Report

The Team leader uses the systematic approach in making a narrative report.

D. Documentation of the Crime Scene

The photographer begins taking photographs as soon as possible. The evidence collectors
do not touch or moved any evidence once it is located until it has been identified, measured and
recorded.

PHOTOGRAPHING THE CRIME SCENE

The main objective crime scene photography is to create an accurate objective visual
record of the crime scene before any item is moved as possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range – photograph of the over-all scene. Distance:
From the doorway to the room and other corners of the room
2. Mid-Range View
Distance: Eight or ten feet from the victim
3. Close-up View – every physical evidence must be photographed in close-up view and for
different angles.
CRIME SCENE SKETCHES
A rough sketch is prepared indicating the actual measurement of things with scale and
proportion observed and oriented to the North Pole. All necessary information is placed in the sketch.

ELEMENTS OF SKETCH
a. Measurement
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 b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title

SPECIFIC KINDS OF SKETCHES

a. Sketch of Locality- give picture of the scene, the crime and its environs, including
neighboring buildings, roads, etc.
b. Sketch of the Ground- picture of the scene of the crime with its nearest physical
surrounding.
c. Sketch in Details – the immediate scene only.
d. Exploded/ cross projection – gives the clear impression of the scene in cases where
blood stains or bullet holes are found.

SKETCHING METHODS
a. Neighborhood sketch
b. Elevation Sketch
c. Floor Plan Sketch
d. Detailed Sketch

TYPES OF MEASUREMENTS
1. Rectangular coordinates method – a sketching method that involves measuring the
distance of an object from two fixed lines at right angles to each other.
2. Triangulation method – a sketching method that requires measuring the distance of an
object along a straight line from two widely separated fixed reference points.
3. Baseline method– a sketching method that makes measurements along from a single
reference line, called a baseline, which can be established by using a length of string, chalk
line, or some other convenient means.
4. Compass point method– a sketching method that requires a protractor or some method
of measuring angles between two lines. One point is selected as the origin and a line
extending from the origin becomes an axis from which the angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears to open up
like a lid of a hinged box, with the four walls opening outward. Measurements are then
indicated from a point on the floor to the wall.

CRIME SCENE SEARCH

A crime scene search could only be started after it has been photograph and sketched to
systematically look for physical evidence that may prove useful in establishing that a crime has been
committed and to determine what method of operation the perpetrator may have used.

METHODS OF SEARCH
a. Strip or Line Search Method – the searchers will proceed at the same pace along the
path parallel to one side of the rectangle.
b. Double Strip or Grid Method – is a combination of the strip search and is useful for large
crime scene.
c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or
counter clock-wise direction.
d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and
each searcher is assigned to one quadrant.

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 e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be
approximately circular or oval. The area is then divided into six quadrants in a pie- like
fashion.

E. Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.
Notes must include:
a. Detailed written description of the Crime Scene with locations of recovered physical
evidence;
b. The time when the physical evidence was discovered;
c. The person who discovered and collected the physical evidence;
d. The time when evidence was packaged and marked; and
e. The disposition of the item when it was collected.

F. Collection of Physical Evidence

The competence to recognize and properly collect physical evidence is critical to both
solving and prosecuting crimes.
The team leader is always informed of significant evidence located. The evidence collectors
shall put his initial, location and date of collection on the item and turn it over to the evidence
custodian for documentation and safekeeping.

PHYSICAL EVIDENCE – these are the articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances under
which the crime was committed or which, in general assist in the prosecution of criminal. It embraces
any object, living or inanimate, solid, liquid, or gas state.

What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be
considered:
a. The article must be properly identified
b. Chain of custody must be proved
c. The evidence must be material and relevant

CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of evidence the moment
they were collected, marked and tagged, up to the time of the final disposition of the case.

G. Conduct of Final Survey

The team leader makes a final review on the crime scene to determine whether or not the
processing has been completed.

H. Release of the Crime Scene

The release of the crime scene is done if the investigator is satisfied that all pieces of
evidence have been recovered. Thus, the investigator must evaluate the items recovered from the
results of the interrogations of the suspect/s and the interview of the witnesses. He must
bear in mind that upon the formal release of the crime scene to the proper authority, the
warrant is already required for his re-entry to the crime scene.

CDI-2: TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

TRANSPORTATION

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 - is an act or process of conveying from one place to another
- from the Latin word “Terans” meaning across or and move and “Portare” means to
carry

VARIOUS ANCIENT MODES OF TRANSPORATATION

A. MANPOWER
B. ANIMAL POWER
C. WIND POWER

ROADS AND VEHICLES HISTORY WHEEL

- was invented probably in Western Asia
- one of man’s great inventions

THE ROMANS
- were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000 miles (80, 000 km)

CANALS
- a body of water used to be channel of sea transportation
- the first canal was constructed by Engr. James Brindley

RAILWAYS
- channel of transportation wherein a parallel line of irons were used as roads
- the first railroad is the Stockton and Darlington line (1925)

TRAFFIC
- it refers to the movement of persons, goods, or vehicles, either powered by combustion system
or animal drawn vehicle, from one place to another for the purpose of safe travel
- originated from Greco-Roman word Trafico and Greek word Traffiga, origin of which is not
known

THE 5’Es OF TRAFFIC

1. ENFORCEMENT
- the action taken by the police, such as arresting, issuing traffic citation ticket and providing
warning to the erring driver for the purpose of deterring and discouraging and or preventing
such violation
2. EDUCATION
- the process of giving training and practice in the actual application of traffic safety
knowledge

3. ENGINEERING
- the science of measuring traffic and travel, the study of basic laws relative to the traffic law
and generation; the application of these knowledge to the professional practice of planning,
deciding, and operating traffic system to achieve safe and efficient transportation of persons
and goods
4. TRAFFIC ECOLOGY/ ENVIRONMENT
- the study of potentially disastrous population explosion, changes in urban environment due to
the scale and density of new urban concentration and new activities carried out, air pollution,
water pollution and crowding, transport congestion which result therein

5. TRAFFIC ECONOMY
- deals with the benefits and adverse effects of traffic to our economy

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MANAGEMENT
- it is an executive function such as planning, organizing, Directing and supervising,
coordinating operating recording and budgeting traffic affairs

AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC

Land Transportation Office

- tasked to enforce laws, rules and regulation governing the registration of motor vehicles,
operation of motor vehicle and traffic rules and regulation as provided by RA 4136 as
amended.
Land Transportation Franchising and Regulatory Board
- tasked to regulate transport route
- regulate franchising
- prescribe fare rates
- investigate traffic cases
- perform judicial function
- promulgate rules
- impose and collect fees
- formulate and enforce rules and regulation for transport operation for promotion of safety
and convenience of public
- coordinate with concerned agencies and enforce E.O. NO 125,124-A and E.O. 202 dated June
19,1987

Department of Transportation and Communications

- in charge of planning programs coordinating implementing and perform administrative
function and promotion development and regulation of dependable and coordinated network of
transportation and communication in order to have fast, safe, efficient and reliable postal
transportation and communication services (EO No. 125.)

Metro Manila Development Authority (MMDA)

- created under RA. 7924 and sets policies concerning traffic in Metro Manila, coordinates and
regulates implementation of program related to traffic

Congress and Local Council

- the branch of government primarily tasked to create laws for the welfare of the public

Judiciary
- the branch of government that interprets the law through adjudication of cases

Traffic Management Group (TMG)

- the basis service of the PNP tasked to direct and control traffic, perform accident
investigation, enforce the laws and issue citations.

AGENCIES RESPONSIBLE FOR TRAFFIC ENGINEERING

Department of Public Works and Highways
- has responsibility of determining traffic flow planning approval of program and budget finding
of construction and maintenance of road and instrument

Local Public Works and Engineering Offices

- local government units and instrumentalities that have the same function as the DPWH
- perform such powers within their territorial boundary

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 AGENCIES INVOLVED IN TRAFFIC EDUCATION
Schools

Elementary
- tasked to educate children to obey traffic rules through their programmed curricula

Secondary
- tasked to educate students in obeying tha traffic rules by imposing school policies
intended for the welfare of the students

Higher Education
- they offer subjects on driving and traffic safety course or any allied subjects

TRAFFIC EDUCATION
- is priceless gem in the entire scale of social order of the road
- is the process of inculcating to an individual the knowledge, skill, responsibilities and values to
become a fully developed person
- the key to smooth traffic flow is discipline and to acquire discipline people must be educated

PURPOSE OF DRIVER EDUCATION

1) To Instill awareness of one's legal and moral responsibilities in traffic; and
2) To teach abilities required for one to be eligible for a driver’s license.

SAFETY CAMPAIGN
- the aim of this campaign is to make road users behave properly
- focuses on public information attitudes; this is characterized as road propaganda

BIORHYTHM
- the theory asserting that man exhibit constant variation of energy and mood states

The Environmental Factors in Man’s Theorized Cycles and Interpretation of Biorhythm

1. The exchange of Light and darkness
2. The four seasons
3. Wet and dry seasons
4. The waxing and waning of the moon

The Biorhythm Cycle

1. 23 days of physical cycle
2. 28 days of emotional cycle
3. 33 days of intellectual cycle

The High State

Physically high
- people are energetic, strong and agile
Emotionally high
- people are creative, artistic and happy
Intellectually high
- people think quickly and logically

The Low State

Physically low
- people tend to be tired and succumb to sickness
Emotionally low

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- people are moody, irritable and depressed
Intellectually low
- people find it difficult to think logically and lacks coordination

LEGAL SYSTEM FOR TRAFFIC SAFETY

LICENSING SYSTEM
- it is the system of issuing license to any person who is qualified to fulfill the
responsibilities required by the licens
- administered by the LTO

DRIVER’S LICENSE
- issued to the drivers as privilege granted by the government providing statutory
qualification

LICENSING PROCEDURE

REQUISITES FOR ISSUANCE OF LICENSE

- At least 16 years old for student’s permit
- 17 years old for sub-professional
- 18 years old for professional

KINDS OF DRIVER’S LICENSE

1. Student permit
2. Non-professional
3. Professional
4. Military
5. International

RESTRICTION CODE
1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more than 4500 kg
3. Restriction Code No 3 - limited to drive vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and with automatic
transmission only
5. Restriction Code No 5 - limited to drive vehicle with automatic clutch and weighing more
than 4500 kg

DRIVER
- Licensed operator of a vehicle

DUITES OF DRIVER IN CASE OF ACCIDENTS

1. Stop immediately.
2. Show the license to the victim and give the true name, address and contact number.
3. Driver is not allowed to leave the scene without aiding the victim.

EXCEPTIONS TO THE PRECEEDING TOPIC

1. If he is in imminent danger of being seriously harmed by reason of accident;
2. If he reports the accident to the nearest police station; and
3. If he has summoned the physician or nurse to aid the victim.

CONDUCTOR
- Licensed person allowing limited number of passengers, freight or cargo in public utility truck

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 or buses

TEN COMMANDEMENTS OF TRAFFIC

1. KEEP RIGHT - (two lanes, two ways) in case of one way the left lane shall be the fast lane
and the slow lane is the right.
2. OBSERVE ROAD COURTESY- yield to emergency vehicle, pedestrians, trains, vehicle with right
of way, vehicles ahead, large vehicles, uphill traffic, vehicles with momentum, straight traffic,
and traffic signs.

Emergency Vehicles:
1. Vehicle with physician
2. Ambulance on emergency call
3. Vehicle with wounded or sick person
4. AFP/ PNP vehicle on official call
5. Vehicle in pursuit of criminals
6. A police or fire on call

RIGHT OF WAY RULE

- the right to proceed ahead of another vehicle or pedestrian

1. Intersection- when two or more vehicle is entering an intersection the one on the left will
give way to the right vehicle.
2. Pedestrian- drivers should yield to pedestrian crossing except at intersection whereas the
movement of vehicles is regulated by a police officer.
3. Through highway/ railroad crossing- the driver shall bring to a full stop before traversing to
an intersection. If there is no hazard the driver may slowdown to 5mph.
4. Police /emergency vehicle- all drivers should yield to emergency to emergency vehicle except
as directed by traffic enforcer. Fire trucks are accepted to speed limit but they are prohibited to
have unnecessary speed.
5. From private road to highway- vehicle from private road must yield to that on a
highway.

3. PROHIBITED PARKING
Places where parking is prohibited:
1. Near an intersection
2. Crosswalk/ pedestrian lane
3. Within 6 meters from drive way of any response installation, fire hydrant and private roads
4. Double parking
5. Sidewalks, alleys, foot of the bridge
6. Places wherein official signs are posted

4. WHEN IN DOUBT, DO NOT OVERTAKE.

- overtaking lane is the lane to the left of overtaken vehicle going in the same direction,
overtaken vehicle is the privileged vehicle

CONSIDER THESE IF YOU OVERTAKE:

1. Signal the intention.
2. Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient
distance to facilitate proper overtake.
3. Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers keep his
lane, maintain speed and yield to overtaking vehicle.
4. He shall increase his speed until the overtaken vehicle has cleared the way
5. In a two lanes, on a divided roadway, they may use either of the lanes.

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 6. In an expressway with fast and slow lanes, on a divided roadway, they may use either of the
lanes.
7. Overtaking is prohibited at crest of a grade curve, railway crossing, at the intersection and
between construction and caution.

5. THE BUS STOP RULE

1. The buses queue up in a single file in their order arrival.
2. Lead bus moving toward the center of column of busses lining on the bus stop zone, and
remain until zone is filled with busses, but longer than three minutes.

6. RULE TO PREVENT OR UNTANGLE TRAFFIC JAMS

- Keep lanes and intersection open in heavy and slow traffic to avoid overtaking. In a
construction, vehicles should merge alternately.

7. OBSERVE TRAFFIC MANAGEMENT MEASURES

- Observe and obey traffic notices sign like notices and pavement markings.

8. THE PHILOSOPHY OF PINOY DRIVER

- Motorist should observe equity of the lead vehicle, doctrine of the last clear chance on
rotunda drive.

9. ON PEDESTRIAN
- Keep off the roadway except when crossing on crosswalk. Wait embark and alight at bus or
jeepney stop.

10. REMEMBER THE INTERNATIONAL SAFETY REMINDER

- “SAFETY FIRST”

TRAFFIC LAW ENFORCEMENT

- the action taken by the police to compel obedience to traffic laws and ordinance
regulating the use and movement of motor vehicle for the purpose of creating a
deterrent to unlawful behavior by all potential violators

TRAFFIC LAW ENFORCER

- a person duly deputized by an agency of government authorized by law to enforce traffic laws,
rules and regulations

POLICE TRAFFIC LAW ENFORCEMENT

- the part performed by the police and other agencies with police power including deterrent to
law violations created by the presence of uniformed police officer and their special equipment,
special assistance to court and prosecutor and incidental service to highway users

COURT TRAFFIC LAW ENFORCEMENT

- the performed by the court through adjudication and penalization

POLICE COURT ENFORCEMENT PROCESS FIVE

ESSENTIAL STEPS
1. DETECTION - wholly police activities and entails looking for defects in the behavior
motorist, pedestrian, vehicle, equipment and roadway condition.
2. APPREHENSION - a police responsibility wherein the police are required action to prevent
continued and future violation.
3. PROSECUTION - it is a court function, the police also provides corresponding influence through

19
 preparation and introduction of evidence or close contact with the prosecution office.
4. ADJUDICATION - it is court function, the police provides influence on this step by as a witness
to the prosecution by supplying additional evidence. It determines the guilt or innocence of
the accused.
5. PENALIZATION - the imposition of penalty upon the accused. Penalty can be influenced by
previous records of conviction as provided by the police.

GOALS OF ENFORCEMENT ACTIVITIES

1. Increase safety level
2. Increase traffic efficiency
3. Ensure harmony and comfortable environment
4. Maximize safety

ACTIVITIES OF TRAFFIC LAW ENFORCEMENT

1. Preventive activities
2. Persuasive activities
3. Punitive activities

MAJOR ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM

1. Enforcement system
2. Road user system
3. Traffic system

TRAFFIC LAWS AND THE ROLE OF ENFORCEMENT

CHARACTERISTIC OF TRAFFIC LAWS

1. Laws are developed from experiences of the public over the years.
2. Laws reflect beliefs, behavior and standards agreed upon by society.

VIOLATIONS
- those act and omissions against traffic laws

CLASSIFICATION OF VIOLATION
1. Hazardous traffic violations that cause danger to road users. Unsafe behavior and unsafe
conditions are the causes of these violations.
2. Non-hazardous violations that do not affect safety of the public but affect the use of
roads.

REASONS WHY PEOPLE ARE VIOLATING TRAFFIC LAWS

1. Physical infirmities
2. Ignorance
3. Mental disorder
4. Lack of training
5. Wrong attitude
6. Habitual violators
7. PUV drivers are aiming for more compensation

POLICE TRAFFIC ENFORCEMENT ACTIONS

- these include arrest and citation of any person
PURPOSES:
1. Prevent such violation from endangering the public and inconvenience
2. Prevent continued violation
3. Discourage future violation

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KINDS OF ENFORCEMENT ACTIONS
1. Traffic arrest - the taking of a person into custody of the law. It is made when:
a) the offense is serious;
b) detection is needed to avoid continued violation; and
c) there is reasonable doubt that violators may not appear in court.

2. Traffic citation - made to compel violators to appear in court in absence of arrest.

3. Traffic warning - an act reminding the driver of his violation in order for him to not do it again.
No arrest or citation is made.

TYPES OF WARNING
1. Visual warning - using gestures and signals.
2. Verbal warning - oral warning made when there is newly enacted law
3. Written warning - combination of two preceding types with written note of citation.

TRAFFIC PATROL
- part of traffic supervision by patrolling to ensure public obedience

OBJECTIVES:
1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public

TYPES OF PATROL
1. Line patrol- it is assigned to a particular place
2. Area patrol- type of patrol assigned to an area of vicinity

TRAFFIC OBSERVATION
1. Stationary traffic observation - officer is assigned at specific place
2. Conspicuous traffic observation - officer attracts attention
3. Visible traffic observation - stationary observation that the observer is in full view
4. concealed traffic observation - observer is not visible to the public

THINGS TO CONSIDER IN PURSUIT AS TRAFFIC ENFORCEMENT

1. Decision - nature of violation
2. Pursuit technique
3. Safety driving technique

STOPPING AND APPROACHING TRAFFIC VIOLATORS

1. It must be done with consideration to safety of both parties engaging
2. Upon approaching officer must be from the left side from the rear, be alert

TRAFFIC ROAD CHECK

- It is done to inspect the following:
1. Faulty vehicle equipment
2. Registration and licensing procedure
3. Intoxication or cargo check
TYPES OF TRAFFIC CHECK
1. Faulty vehicle
2. Officer directing road check

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CONSIDERATION IN ROAD CHECK
1. Minimum delay to motorist
2. Thorough checking procedure
3. Protection and safety of parties involved
4. Timing and location and frequency

OBJECTIVE IN DEALING WITH VIOLATORS

1. Immediate objective- to act against the person
2. Ultimate objective- to change the future of a person

POINTS TO REMEMBER
1. Violators are diversified
2. Conflicts arises in violators
3. You are professional officer, there is no professional violator
4. Be alert for an unexpected

TRAFFIC SUPERVISION, DIRECTION AND CONTROL

- an act of overseeing the traffic to keep order on street and highways within existing laws

POLICE WORKS
1. Accident investigation
2. Less serious offense
3. Serious traffic offense

OFFICERS ARE REQUIRED TO BE SKILLED IN THE FOLLOWING INSTANCES:

1. Accident scene
2. Emergencies
3. Planned and special events
4. Regular points and integration control
5. Directing pedestrian movement

OFFICERS ARE REQUIRED TO KNOW HOW TO DIRECT IN THE FOLLOWING PLACES:

1. Not signalized intersection
2. Signalized intersection
3. Between intersection

SUPERVISED ROUTE
- A street or highway on which traffic is supervised to some considerable degree

POLICE TRAFFIC DIRECTION

- It involves telling the public how and when they should not stand and move

POINT/ AREA CONTROL

- It is the part of the traffic direction concerning the control of vehicular/ pedestrian
movement

POLICE TRAFFIC ESCORT

- It involves mobile supervision of traffic movement, directing orally and visually are done to
allow free and safe movement of escorted vehicles.
TRAFFIC DIRECTION AND CONTROL
- It is the control direction of traffic units according to proportionate time to prevent traffic
accident to maintain smooth flow of traffic.

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MEANS OF DIRECTING
1. Signaling
2. Whistling
3. Gestures

HAND SIGNAL
1. Use hand signals
2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle
9. Hang your hand when not in use
10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person

WHISTLE SIGNAL
1. One long blast for STOP
2. Two short snappy blast for GO
3. Three blast to be used TO ASK FOR ASSISTANCE

A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture

B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show your palm
- Repeat the process at the opposite side
- Not lower your arm until traffic is ceased

C. GESTURE TO START TRAFFIC

- Stand sideways
- point your index finger toward the vehicle to start, hold it till he verified, swing your hand up
to your chin
- drop and repeat the process at the opposite side
- Use it when they are slow or hesitant to move

D. RIGHT TURN GESTURES

- Not required at intersection
- Point to the vehicle you want to turn and point to the direction of turning
- Vehicles to your left for right turn bend your left arm and allow a thumb sign

E. LEFT TURN GESTURES

- Vehicles turn left from right, stop vehicle from right and direct vehicle to the left
- Left turn vehicle from your right, turn around and repeat the procedure above
- Street with one lane only
a. allow space for ongoing straight and turning left vehicles
b. direct finger left turning car with proper finger left
c. semaphore signals may be used

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F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.

TECNIQUES IN TRAFFIC DIRECTION AND CONTROL

1. Keep intersection open
2. Don’t allow motorist to cross without exit
3. Stop motorist at their lane
4. Prefer to stop the last moving vehicle
TRAFFIC JAM
- It is caused by such factors as vehicular accident, stalled vehicle, absence of traffic
enforcer and road construction.
PROCEDURES IN TRAFFIC JAM
1. Determine the cause
2. In case of accident conduct fast investigation
3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam

RESPONSIBILITIES OF TRAFFIC ENFORCER

1. Enforce the law without fear or favor and assist public when needed
2. In an intersection, remember the following:
a. personal safety of enforcer
b. policeman’s visibility
c. visibility of officers to traffic
d. non obstruction to traffic
e. ability to effect necessary control
3. Officer shall not leave his post during tour of duty without permission from higher
authority. In case personal necessity he should notify the station.
4. Respond immediately to emergency calls and notify the station
5. Be calm and control the temper even under provoking situation
6. He should be in proper uniform
7. In apprehending issue citation, and do it in one minute

PEDESTRIAN CONTROL

PROGRAM OF PEDESTRIAN ENFORCEMENT BASICALLY DEPENDS ON THE FOLLOWING:

1. Campaign
2. Guiding on the post
3. Warning ticket

DRUNKEN DRIVERS
- it is a driver who drives under the influence of alcohol with 10% of intoxicating level

FIELD SOBRIETY TEST

1. Walk on straight line
2. One foot balance
3. Reading
4. Spelling
5. Counting from 1 to 10
6. Video tape the movement
7. Photograph the unguarded movement

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CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test

EVIDENCE AGAINST DRUNKEN DRIVERS

1. Drivers admission
2. Co-occupants testimony
3. Material witnesses testimony
4. Photograph of drunken driver
5. Video/ voice tape of driver
6. Officers testimony

LEGAL ACTION AGAINST DRIVER

1. Submit him to the nearest laboratory for testing
2. Impound the vehicle
3. Confiscate the license
4. Recommend the suspension of privilege
5. Sue him for violation
6. If acquitted recommend suspension of license

TRAFFIC ENGINEERING
- defined as calculating manipulation or direction. It includes forecasting of future traffic
demands.

FUNCTIONS
1. Fact finding survey and recommendation of traffic laws
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation

OBJECTIVES
1. Achieve free and efficient and rapid flow of traffic
2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective

APPLICATION OF THE OBJECTIVES OF TRAFFIC ENGINEERING

1. Habitually congested commercial areas
2. Heavily traveled thoroughfares
3. Congested local areas and intersection
4. Special occasion of event
5. Disaster or emergency
6. School crossing

METHODS IN ACHIEVING OBJECTIVES OF TRAFFIC ENGINEERING

I. PLANNING AND GEOMETRIC DESIGN

- composition of traffic stream
- traffic volume and capacity
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 - origin and destination

II. FACTORS INFLUENCING DESIGN

- traffic composition
- traffic volume
- vehicle speed
- movement of traffic
- performance value

III. REGULATION AND CONTROL

a. Limited to public safety and convenience
b. Limitation imposed on road users
c. General rule of road use and conduct
- speed
- overtaking
- right of way
- lateral placement
- pedestrian right and duty
- general rules on parking
d. Prohibited and restriction
- one way regulation
- speed control
- curb parking control
- turning regulation
- stop rule

TRAFFIC CONTROL DEVICE

1. ELEMENTARY REQUISITES
- Compel attention
- convey simple meaning at a glance
- allowing time for response
- command respect

2. FUNDAMENTAL TRAITS
- design and outward aspect
- position and placement
- maintenance and condition, appearance and visibility

3. TYPES OF TRAFFIC CONTROL DEVICE

- traffic or road sign
- pavement markings
- traffic light
- traffic island
FUNCTIONAL CLASSIFICATION OF TRAFFIC CONTROL DEVICES
1. Regulatory devices
2. Warning devices
3. Guiding devices

AIMS OF SIGNAL CONTROL

1. Reduce traffic conflict and delay
2. Reduce accident
3. Economize police time

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ADVANTAGES OF SIGNAL INSTALLATION
1. Made for well ordered movement
2. Reduce accident frequency
3. Provide means of interpreting heavy traffic
4. Economical over manual control at intersection
5. Coordinating in providing continuous flow of traffic
6. Increase traffic capacity

CLASSES OF TRAFFIC SIGNS

a. DANGER WARNING SIGNS

b. REGULATING SIGNS
- priority signs
- prohibitory signs
- mandatory signs
c. INFORMATIVE SIGNS
- advance sign
- place identification sign
- confirmatory sign

PRINCIPLES OF SIGNS
1. Red triangle connotes hazard
2. Red ring with diagonal line connotes prohibition
3. Blue/ green provides information
4. Signs on blue disc give positive instruction

INTERNATIONAL SIGN
1. Round and red; regulatory movement
2. Round black yellow sign, warning sign
3. Equilateral triangle red sign, directing to yield the right of way
4. Octagon red and white, STOP
5. Red triangle and black sign, approaching danger zone

TRAFFIC LIGHTS
1. Red- stop
2. Amber- slowdown
3. Green- go

PAVEMENT MARKINGS
1. Arrows point to direction
2. Straight lines means no overtaking
3. Broken lines means overtaking is allowed

ROAD CLASSIFICATION

ACCORDING TO POLITICAL SUBDIVISION

1. National road- right of way 20 to 120 meters
2. Provincial road- link between to municipalities, 15 to 60 meters
3. City road- interlink in the city, 15 meters
4. Municipal road- within town proper 10 meters
5. Barangay road- from market to town 2 meters

27
ACCORDING TO TOPOGRAPHICAL TERRAIN
1. Flat road
2. Zigzag
3. Steep hill
4. Down hill
5. Winding road
6. Mountainous road
7. Roller coaster road

FUNCTIONAL CLASSIFICATION OF ROADWAY

1. VEHICLES PASSES SAFELY ON
- climb lane
- overtaking lane
- acceleration lane
- turning lane
2. PART OF THE ROAD USED FOR:
a. standing lane
b. stopping lane
c. Bus stop

SIDEWALK
- it is the portion of the road that answers the safety of pedestrians

ACCIDENT
- that occurrence in a sequence of events which usually produces unintended injury, death
or property damage

TRAFFIC ACCIDENT
- an accident involving travel transportation on a traffic way

MOTOR VEHICLE ACCIDENT

- event resulting in unintended injury or property damage attributable directly or indirectly
to the action of a motor vehicle or its load

KINDS OF TRAFFIC ACCIDENTS

In the investigation of traffic accidents, it is imperative for the traffic investigator to know
the kinds of accidents occurred in order to map out the necessary activities to be done when
responding and investigating.

1. NON-MOTOR VEHICLE TRAFFIC ACCIDENT

- refers to any accident occurring on a traffic way involving persons using the traffic way or
travel or transportation, but not involving a motor vehicle in motion (ex. Pedestrian and a
cyclist in a traffic way)
2. MOTOR VEHICLE NON-TRAFFIC ACCIDENT
- any motor vehicle accident which occurs entirely in any place other than a traffic way (ex.
Accident on a private driveway)

3. MOTOR VEHICLE TRAFFIC ACCIDENT

- any motor vehicle accident occurring on a traffic way (ex. Collision between automobiles on a
highway)

CHAIN OF EVENTS IN A VEHICULAR ACCIDENT

28
 1. PERCEPTION OF HAZARD – it is seeing, feeling or hearing and understanding the usual or
unexpected movement or condition that could be taken as a sign of an accident about to
happen
2. START OF EVASIVE ACTION – it is the first action taken by a traffic unit to escape from a
collision course or otherwise avoid a hazard
3. INITIAL CONTACT – the first accidental touching of an object collision course or
otherwise avoids a hazard
4. MAXIMUM ENGAGEMENT – it is the greatest collapse or overlap in a collision; the force
between the traffic unit and the object collided with are greatest at maximum engagement
5. DISENGAGEMENT – it is the separation of a traffic unit in motion from an object with which
it has collided; the force between the object ceases at this time
6. STOPPING – this is when the traffic units involved come to rest; it usually stabilizes the
accident situation
7. INJURY – it is receiving bodily harm; this event does not necessarily occur after the accident
but within any of the chain of events; it may also happen right after the evasive action taken by
the drivers involved or during the initial contact

STEPS TO BE TAKEN DURING TRAFFIC ACCIDENT INVESTIGATION STEP 1.

UPON LEARNING THE INCIDENT CHECK THE FOLLOWING

1. What happened
2. Who are involved
3. Where and when it happened
4. How it happened
5. Why it happened

STEP 2. WHEN EMERGENCY UNDER CONTROL

1. Preliminary question to driver
- who is driving
- ascertain sign of nervousness
2. Gather clues for identification
3. Ask other witnesses
4. Examine driver’s condition
- check the license and other record
- check registration
- verify ownership
- account step by step events
5. Position and location of vehicles
- lights
- gear position
- mark the position of vehicle
- look for the unusual things inside the car
6. Form preliminary opinion
7. Photograph skid mark and location for later measuring
8. Record place in which person/ damaged vehicle is placed

STEP 3. AFTER GETTING SHORT-LIVED EVIDENCE

1. Make a test skid
2. Ascertain if the violation is tantamount to arrest
3. Complete examination of vehicle
4. Locate key event or point of impact
5. Additional photographs
- vehicle damages

29
 - view obstruction
- present condition
- control devices
6. Measure scale or diagram
7. Get additional facts at the scene
8. Report to station by radio
STEP 4. AFTER LEAVING THE SCENE
1. Get the medical report
2. Notify the relatives
3. Develop the photographs
4. Analyze the specimen
5. Complete accident report, made copies and file.
6. Complete data on the investigators’ report
7. Reconstruct the accident
8. Complete the investigation and file it

STEP 5. IF THE CASE GOES TO COURT

1. Seek the desire of the prosecutor to strengthen the case.
2. Return to the scene of the incident to gather additional data
3. Make a pre-trial conference
4. Testify in court
5. Arrange the file for future purposes

IN CASE OF INJURIES:
1. Stop arterial bleeding
2. Ask for help
3. Protect the wound for exposure
4. Cordon the place

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO SEVERITY

1. Fatal
2. non fatal
3. Property damage

CLASSIFICATION OF VEHICLE ACCIDENT ACCORDING TO KEY EVENT

1. Running off road
2. Non-collision on road
- overturning
3. Collision on road of vehicles with the ff:
- pedestrian
- moving vehicle
- parked vehicle
- bicycle
- railroad train
- fixed objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT

A. SIMULTANEOUS FACTORS
- Road condition
- Driver’s attitude
- Weather condition
B. SEQUENTIAL FACTORS
- Unsafe greater speed

30
 - Defective vehicle
C. OPERATIONAL FACTOR
- Road hazard
- driver’s non compliance
D. PERCEPTION FACTOR
- driver’s inability to react
- driver’s faulty action to escape
HIT AND RUN INVESTIGATION
- This applies to drivers who failed to stop at a road accident

LEGAL CASES TO BE FILED:

1. Abandonment of one’s victim
2. Failure to lend assistance
3. Reckless imprudence resulting to homicide
4. Reckless imprudence resulting to damage to property
5. Failure to render assistance to victim
6. Violation of section 55 of RA 4136
7. Civil liability
COMMON NATURE OF HIT-AND-RUN
1. Ran over pedestrian
2. Sideswiped pedestrian
3. Collided with moving vehicle while overtaking
4. Collided with moving vehicle while overtaking on opposite direction
5. Damaged parked vehicle
6. Crushed police road block
7. Bumped by stray animal

INVESTIGATING FOR UNKNOWN FACTS

1. Victims identity
2. Kind of vehicle
3. The make of vehicle
4. The driver
5. The eyewitnesses

FAST TRACKED INVESTIGATION

1. Send the corpse to laboratory after investigating
2. Obtain fingerprint and other specimen and send it to laboratory
3. Splintered glass can be a lead
4. Broken headlamp manifest a run over
5. Paints might stick at victim belonging
6. Don’t forget to bring paper and pencil for initial note taking

EXAMINATION OF RECOVERED VEHICLE

1. Recover physical evidence immediately
2. Measure the vehicle
3. Photograph the vehicle, debris and chipped off part
4. Check the interior of the car for driver’s identity

INVESTIGATION AID FOR TRAFFIC ACCIDENT INVESTIGATION

1. Motor vehicle certified registration
2. Repair shop
3. Department records

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DOCUMENTS TO BE FILED IN CASE OF DEATH
1. Referral slip
2. Arrest report
3. Traffic accident report (TAIC)
4. Affidavit of parties involved
5. Witness’ statement
6. Photograph
DOCUMENTS TO BE FILED IN CASE OF INJURY
1. Memorandum of preliminary investigation
2. TAIC
3. Estimated amount of damage, it is made by authorized repair shop
4. Affidavit of parties involve
5. Witness statement
6. photograph

COMMON WORDS AND PHRASES USED IN TRAFFIC ACCIDENT INVESTIGATION

1. MOTOR VEHICLE – any device which is self-propelled and every vehicle which is propelled
by electric power obtained from overhead trolley wires, but not operated upon rails
2. KEY EVENT – an event on the road which characterizes the manner of occurrence of a motor
vehicle traffic accident
3. DEBRIS – the scattered broken parts of vehicles, rubbish, dust and other materials left at the
scene of the accident caused by a collision
4. SKID MARKS – these are marks left on the roadway by tires which are not free to rotate, usually
because brakes are applied strongly and the wheels locked
5. TRAFFIC UNIT – any person using a traffic way for travel, parking or other purposes as a
pedestrian or driver, including any vehicle, or animal.
6. HAZARD - a hazard is generated when a critical space-motion relationships between a traffic
unit and another object develops due to the movement of either or both (ex. A curve in the
path is a hazard; another traffic unit in the path is a hazard.)
7. SAFE SPEED – the speed adjusted to the potential or possible hazards or the road and traffic
situation ahead; safe speed on the road is determined by the road rather than the particular
driver of a vehicle (ex. A curve ahead is a hazard and a safe speed for it is a speed at which it
can be taken comfortably
8. STRATEGY – the adjusting of speed, position on the road, and direction of motion, giving
signals of intent to turn or slow down, or any other action in situations involving potential
hazards
9. TACTIC – any action taken by the traffic unit to avoid hazardous situations like steering,
braking or accelerating to avoid collision or other accident.
10. IMPACT – the striking of one body against another or a collision of a motor vehicle with
another motor vehicle.
11. CONTACT DAMAGE – damage to a vehicle resulting from direct pressure of some foreign
object in a collision or roll over; it is usually indicated by striations, rub-off of material or
puncture.
12. FACTOR – any circumstance contributing to a result without which the result could not have
occurred or it is an element necessary to produce the result, but not by itself sufficient.
13. PRIMARY CAUSE – a misnomer loosely applied to the most obvious or easily explained factor
in the cause of an accident or the most easily modified condition factor.
14. CAUSE – the combination of simultaneous and sequential factors without any one of which
result could not have occurred.
15. ATTRIBUTE – any inherent characteristics of a road, a vehicle, or a person that affects the
probability of a traffic accident.
16. MODIFIER – a circumstance that alters an attribute permanently or temporarily.
CDI-3: SPECIAL CRIME INVESTIGATION
32
INTRODUCTION

Special Crime Investigation deals with the study of major crimes based on the
application of special investigative technique.
The study concentrates more on physical evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory. Special Crime Investigation
involves a close relationship between the prober in the field and the crime laboratory technician. They
work together as a team, reacting to and extending one another’s theories and findings both working
patiently and thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.

HOMICIDE INVESTIGATION

Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the
difference between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of
criminal justice.

Mistakes in the Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind him. It
is important that competent personnel adequately handle the case.

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

Title Eight
CRIMES AGAINST PERSON
(Destruction of Life)

Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate or
33
illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

Art. 247. Death or physical injuries inflicted under exceptional circumstances– Any legally married
person who, having surprised his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.
Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of
this article.

Penalty:Destierro (prohibition to enter the place or places designated in the sentence, nor within
the radius therein specified, which shall be not more than 250 and not less than 25 kilometers
from the place designated.

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua to death, if committed with
any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or
assault upon a railroad, fall of an airship, or by means of motor vehicles or with the use of
any other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:
1. That a person is killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article
248.
4. The killing is not parricide or infanticide.

TREACHERY
34
 Plain and simple, there is treachery if the offended party was not given opportunity to make a
defense.

MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a
design form to do something before it is done.
The essence of premeditation is that the execution of the criminal act must be preceded by
COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during the
space of time SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning.

EVIDENT – Clear to the eye or judgment.

ART. 249. Homicide – Any person who, not falling within the provisions of Article 246 (Parricide) shall
kill another, without the attendance of any of the circumstances enumerated in the next preceding
article (Article 248), shall be deemed guilty of homicide.

Penalty:Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255 .Infanticide

The killing of a child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a stranger.

Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years imprisonment) in its
medium and maximum periods. If committed by maternal grandparents or either of them, the penalty
shall be reclusion temporal (12 years& 1 day to 20 years imprisonment).

HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to discover and
document such facts as type of death, identity of the deceased, cause of death and motivation and
identity of the perpetrator. In order to resolve these fundamental questions, the investigation will focus
on the cadaver, crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor. The victim’s body can
reveal much through examination of wounds and other types of tracing clues that may be present.

Establishing the Facts of Death

The first essential step of the homicide investigation is to establish that the victim is,
indeed, dead. Police officers do not have the legal authority to pronounce death, only
physicians/medical doctor can establish the fact of death. For this reason, the police officer
should never assume death unless the condition of the victim’s body demonstrates death in a
totally obvious manner.

A. Death – death is defined as the absence of life in a living matter.

B. Kinds of Death
1. Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and almost all
brain functions of an organism. It is usually pronounced by a physician or other members
of the family.
2. Molecular Death- Cellular Death
35
 It is the cessation of life of the individual cells in the whole body, which occurs one at a time
after somatic death.
3. Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital processes were
depressed to the minimum compatible with life. This condition is not actually
death although classified under the kinds of death, because the person or organism is still
alive although it seems that there are no signs of life.

C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the motive
and identity of the perpetrator, with the identity known, the investigator can focus attention on the
victim’s background and establish a possible motive through such information. Victims encountered
in indoor scenes will normally have identifying data on the body, or such data will be available
throughout the crime scene. In outdoor scenes, such evidence is normally not as readily available,
since the victim is removed from the personal environment and also outdoor scene may not be
discovered for long period of time; thus evidence may be destroyed by elements of nature or will be
lost. If there are no identifying papers on the victim’s person, fingerprint should be used as means of
identification. If fingerprint identification is unsuccessful, the investigator must rely on other methods
to establish identity.
Dental structures are highly resistant to destruction, and are frequently useful when the other
portions of the body are totally decomposed (Forensic Odontology). The skeletal remains of the victim
may also help to determine identity, as well as yield other types of information. If bone fractures are
noted, they may be used to identify the deceased, but if only corresponding medical records can be
located. The widths of the pelvic bones are excellent indicators of the victim’s sex; Determination of the
victims age maybe more difficult, in that the victims past the age of eighteen years have generally
achieved their maximum skeletal growth. However, general age determination can be established via
dental structure.

A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person

1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth

36
 7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper union of the
fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide investigations.
This fact is significant because of its investigative importance in corroborating or disputing alibis,
or in establishing the victim’s movements prior to death. Determining death is not an exact
science.

POST-MORTEM CHANGES

1. POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death; setting of
blood in the dependent portions of the body following death).
It is a reddish purple to purple coloration in dependent areas of the body due to accumulation
of blood in the small vessels of the dependent areas secondary to gravity. This pooling of blood
begins immediately after death and becomes fixed in approximately 8-12 hours. The investigator can
press on the skin in the dependent regions and if the skin blanches, death has probably occurred less
than 12 hours. This becomes fixed after a while and can tell if the body has been moved. This is not a
reliable indicator of time of death. This is a better indicator of whether the body has been moved since
death.

The Color of Lividity may Indicate the Cause of Death:

1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the body
changes. Blood remains fluid in the blood vessel for 6- 8 hours.

2. Diffusion– Coagulated inside blood vessel; Change in position will not change its

37
 location.

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the body
in the earlier stages of death.

2. POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening
of the muscles; the chemical reaction that causes rigidity in the muscle groups or stiffening of the
body after death due to the disappearance of Adenosine Triphosphate (ATP) from the muscle.
- Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence
- Involves all muscles the same time at the same rate.It appears first in the smaller
muscles such as the jaw and then gradually spread to upper and lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and strychnine
poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical
countries and 36 to 48 hours during summer in the same.

3. ALGOR MORTIS (Cooling of the body)

The body cools following death at approximately 1.5 degrees F per hour, under normal
conditions and assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).

Factors Affecting Algor Mortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to
2 days after death and then finally the dead body becomes skeletal remains in months considering the
factors that influence the rate of putrefaction.

5. LIFE CYCLE OF FLIES

The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours.
The maggots will feed vigorously on the damaged dead body, then transform into pupal stage and
finally into adult flies within a few days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted
or coagulated in a slow process until 12 hours wherein the lividity is already fully developed.

38
 7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

External post mortem appearances are very informative. The areas of the body showing lividity
indicate the position after death. Wounds and their appearance are particularly significant as they often
assist in reconstructing the circumstances of a crime, the nature of the murder weapon and the
manner of its use.
Defense wounds are the result of a person’s instinctive reaction of self-protection. It may be
found on the hand in the effort of the victim to grasp the wounding instrument or by raising the hand to
protect the vital parts of the body. Absence of defense wound does not eliminate the possibility that
the victim made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a. Contusion – an injury in the substance of the skin, discoloration of the surface due to
extravasation of blood. This is due to the application of a blunt instrument.
b. Hematoma – this is the extravasation of blood in the newly formed cavity.
c. Abrasion – an open wound characterized by the removal of the epithelial layer of the skin
brought about by the friction against hard, rough object.
d. Incised wound – produced by forcible contact on the body by sharp edge instrument.
e. Stab wound – produced by the forcible application and penetration of a sharp
instrument.
f. Punctured wound – penetration of a sharp pointed weapon
g. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.

Evidence to Show the Fatal Effects of the Wound

1. Amount of hemorrhage
2. Size of the injury sustained
3. Organs and parts of the body involved
4. Mechanical effects on vital organs

Gunshot Wounds
All gunshot wounds result from the entry of a projectile into the body, and the frequent
presence of undispersed explosive gases. The relative size and appearance of the wound will be
affected by the distance from which the weapon was discharged. Generally, the closer the discharged
to the skin, the greater the damage. This damage is due to explosive gases which precede the
projectile at close range. In some investigations involving firearms, a determination of whether the
death was a homicidal, suicide or accidental is difficult. In making such determination, the distance of
the discharge is of great importance. Majority of suicidal and accidental gunshot cases, arm’s length
discharges are involved. Accordingly, if the wound
indicates discharge beyond the victim’s length, homicide is indicated.
The location of the wound may also serve to rule out suicide. If the wound is located in an
area of the body that is relatively inaccessible to the victim, homicide is indicated. It is also unusual
for a suicide wound to be inflicted in an area other than the head of chest.
However,there have been a number of suicide cases involving wounds in extremities. The
presence or absence of a “suicide note” is a poor indicator of suicide or homicide.

Two Types of Wounds:

1. entrance wound (POE)
2. exit wound (POX)

Determination whether the wound is suicidal, homicidal, or accidental

39
A. Evidence to prove that gunshot wound is suicidal:
1. The fire is usually in contact or near contact, as shown by the presence of burning,
singeing and tattooing of the area around the gunshot wound.
2. The presence of usually but one gunshot wound. In most cases, after a shot, especially at the
head, the victim can no longer voluntarily act to inflict another shot.
3. Portions of the body involved are those accessible to the hand of the victim utilized in
committing suicide, he will not think of the difficult way of ending his life unless he has the
intention of deceiving the investigators.
4. History of despondency, family problem which may cause him to commit suicide.
B. Evidence to show that the wound is accidental:
1. Usually there is but one shot.
2. There is no special area of the body involved
3. Testimony of the witnesses

C. Evidence to show that the wound is homicidal:

1. The site or sites of the wound of entrance has no point of election.
2. The fire is made when the victim is usually some distance away from the assailant
3. Signs of struggle/ defense wound maybe present in the victim.
4. There maybe disturbance of the surrounding on the account of the previous struggle.
5. Wounding firearm is usually not found at the scene of the crime
6. Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

1. Hanging – is a state of injury or death of the body whereby the ligature tightened around the
neck by the suspension of the body.

A. Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some
evidence to prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in the hands of the victim.
3. Evidence of movement of the rope on the beam or anchorage from upward and
downward as the body has been suspended.
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.
C. Accidental hanging is not common.

2. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature around the
neck and the two ends pulled in the opposite direction in such a manner that tightens the ligature.
Ligature used may be rope, chain, wires, vines, rolled clothing.
SUICIDES

Ways of Committing Suicide

1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
40
 5. By drowning
6. By poisoning

ACCIDENTAL DEATH
Is death which occurs beyond the sway of ones will and although it comes about through some
act of will, lies beyond the bounds of human forceable consequences.

How Accidental Deaths Occur

1. Examination of the body revealed marked tearing of the wearing apparel, burns of different
degrees on the skin surface, wounds of almost any description and almost the whole body is
affected by the injury.
2. History of a thunderstorm that took place in the area.
3. Evidence of the effects of lighting are found in the vicinity, like damages to house, tress, etc.
4. Metallic articles are fused or magnetized.
5. Absence of wound or other injuries indicating suicidal or homicidal death.
6. Fusion of glass materials in the neighborhood on account of extreme heat.

ELECTROCUTION
Accidental Electrocution
1. Presence of high voltage wire at the scene of death.
2. Body surface injuries as probably site of entrance and exit of electric current.
3. Death develops suddenly as victim not able to get away from the place of electrocution.
4. Absence of evidence to show suicidal or homicidal.

ROBBERY INVESTIGATION

Article 293 – Robbery in General

Any person who, with intent to gain, shall take any personal property belonging to another by
means of violence or intimidation of any person, or by using force upon anything shall be guilty of
robbery.

Elements of Robbery
1. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?

The malefactors shall enter the house or building in which the robbery was committed by any
of the following means:
1. Through an opening not intended for entrance
2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or
receptacle
6. By taking such furniture or objects away to be broken or forced open outside the place
of robbery.

General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.
2. Professionals – are those person who worked as robbers as a trade making it their living

41
 and having no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything.

Two Kinds of Robbery:

1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be the legal
owner, possession is sufficient. The property must be personal property and cannot
refer to real property.
b. Name of the real owner is not essential so long as the personal property taken does
not belong to the accused except if crime is robbery with homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
d. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be
presumed from the unlawful taking of another’s property. However, when one takes a
property under the claim of ownership or title, the taking is not considered to be with
intent to gain. (U.S. vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave coercion.
h. Violence or intimidation must be against the person of the offended party, not upon
the thing.
i. General rule: violence or intimidation must be present before the “taking” is
complete.
Exception: when violence results in-homicide, rape, intentional mutilation or any of the
serious physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery
complex with any of this crime under ART. 294, even if taking is already complete when
violence was used by the offender.
j. Use of force upon thing – entrance to the building by means described and ART. 299
and 302 (Offender must enter). The other kind of robbery is one that is committed with
the use of force upon anything in order to take with intent to gain, the personal property
of another. The use force here must refer to the force employed upon things in order to
gain entrance into a building or a house. (People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is robbery with
violence.

Robbery and Theft, compared.

a. Both robbery and theft involved unlawful taking as an elements;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of person or
the employment of force upon things; whereas in theft, the taking is done simply without
the knowledge and consent of the owner.

Investigative Techniques in Robbery cases:

a. The investigator must initiate similar preliminary steps upon reaching the crime scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
42
 e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of
piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene of a crime which will serve to identify the
offender.
l. Develop informants in the local underworld who are aware of the activity of robbery,
particularly the activity of the semi-skilled amateur groups. (usually the addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen property from
its receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently
committing robbery.
o. Accumulate information on various types of robber, the known and newcomers
whether they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide investigation.

Physical Evidence to be collected:

1. Footprints
2. Fingerprints
a. Areas of break
b. Closets – prints may be found in door and jams
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothing – sometimes the robbers exchange their own jackets with that one found.
4. If a window was broken in effecting entry, glass particles maybe presents in the trouser
cuffs and pockets of suspect. Samples of broken glass should be collected for possible
future comparison in the event that a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the tool. Paint
samples should be taken for future comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof
or its cargo, equipment or the personal belonging of its complements or passengers, irrespective of
value thereof, by means of violence against or intimidation of persons or force upon things,
committed by any persons, including a passengers or member of the compliments of said vessels in
Philippine waters.
43
 Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violence against or
intimidation of persons or force upon things of other unlawful means committed by any person or
any Philippine highway.

Anti-Cattlle Rustling Law of 1974 (P.D. 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of
the owner/raiser, or any of the above animals (cow, carabao, horse, mule or other domesticated
member of the bovine family) whether or not for profit or gain, or whether committed with or without
violence against or intimidation of any person or force upon things. It includes the killing of large
cattle, or taking its meat or hide without the consent of owner/raiser.
Anti-fencing law of 1979 (P.D. 1612)
Fencing – is the act of any person, who, with intent to gain, for himself or for another shall buy,
possess, keep, acquire, concealed, sell or in any other way, deal on any articles, items, objects, or
anything of value which he knows to have been derived from the proceeds of crime or robbery or
theft.
Fence – includes any person, firm, organization, association or corporation or
partnership and other organization who/ which commits the act of fencing.

Article 267 – Kidnapping and Serious Illegal Detention Elements:

1. That the offender is a private individual;
2. That the kidnaps or detains another, or in any other manner deprives the latter of his
liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.

Any private individual who shall kidnap or detain another, or in any other manner deprives
him of his liberty.

The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person kidnapped or
detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the circumstances
above mentioned were present in the commission of the offense.

Important factors in Kidnapping Cases:

1. The safe return of the victim
2. Identification and apprehension of the suspect

Initial Investigative Procedures:

1. Thorough interview of the victim if already released.

44
 2. Search of the crime scene
3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

Kidnapping where ransom is involved:

Phase I.
When a complaint is received, the family of the victim is requested to remain in touch to
accumulate information needed. The following types of information must be taken:
1. How the demand was made
2. Request the family to refrain from divulging the contents of the letter, note or call to
anyone except to the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid giving the
opinion as to ransom payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200
10. Establish possible motives

Phase II. After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all-out
investigation are conducted in accordance with the second objective, to identify and apprehend the
suspects. Investigative procedure includes:
1. Thorough interview of the victim. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
5. Determine whether the kidnapper is familiar with the victims, residential area, habits
and financial status.
6. If the victim is dead follow the pattern of homicide investigation

Pointers to be considered in Kidnapping Cases:

1. Remember that kidnap for ransom gang must be treated as witty, experienced and
dangerous armed criminals.
2. Any slightest mistake on the part of the police would mean death of the victim
3. Initiate secrecy discipline not only on the victim’s family but also within the police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1. Out of fear, the family of the victim does not want to cooperate with the police.
2. The case is only reported after payoff of the ransom money or the victim had been found
dead.

CDI-4: ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME INVESTIGATION (PRC)

45
 1. Concepts, nature, and attributes of organized crime;
2. Kinds, origin, and modes of operations OC;
3. Transnational or borderless crimes;
4. Kidnapping and terrorism;
5. Cyber/Technology crimes;
6. Organized syndicates;
7. International and national laws, decrees, treaties and statutes.

Concept of Organized Crime

- Organized Crime poses a direct threat to national and international security and stability, and
continues a frontal attack on political and legislative authority. Organized crimes disrupt and
compromise social and economic institutions, thus causing a loss of faith in democratic
process.
WHAT IS ORGANIZED CRIME?
- An organized criminal group shall mean a structured group of three or more persons,
existing for a period of time and acting in concert with the aim of committing one or
more serious crimes or offences in order to obtain, directly or indirectly, a financial or
other material benefit
- (UN, PALERMO ITALY, 2000)
- All illegal activities engaged in by members of criminal syndicates operatives throughout
the United States and all illegal activities engaged in by known associates and confederates
of such members. (U.S Department of Justice)
- Group activities of three or more persons, with hierarchical links or personal relationships,
which permits their leaders to earn profits or control territories or markets, internal or
foreign, by means of violence, intimidation or corruption, both in furtherance of criminal
activity and to infiltrate the legitimate economy.
- any enterprise or group of persons engaged in a continuing illegal activity which has as its
primary purpose the generation of profits and continuance of the enterprise regardless of
national borders. (INTERPOL, according to P.J. Ryan and G.E. Rush)
- any group having some manner of formalized structure and whose primary
objective is to obtain money through illegal activities(FBI, according to H.
Abaddinsky)
- Planned commission of criminal offenses, determined by the pursuit of profit and power,
involving more than two persons over a prolonged or indefinite period of time, using a
commercial or business license scheme, violence, and/or intimidation. (BKA, Germany—
BUNDESKRIMINALAMT)
- Is any crime committed by a person occupying, in a established division of labor, a position
designed for the commission of crimes providing that such division of labor includes at
least one position for corrupter, one position for corruptee, and one position for an
enforcer(FBI)

For Organized Group to Work usually it has at least the following:

1. An Enforcer
2. A Corrupter
3. A Corruptee

AN ENFORCER
- the one who makes for the arrangements for the killing (injuring or carrying out the task
physically, economically or psychologically) the members or non members.

A CORRUPTER
- the one who corrupts or bribes, intimidate or threatens, negotiate or “sweet talks” into a
relationship with public officials, law enforcement officer, or anyone who would be of help in obtaining

46
security and immunity from possible arrest, prosecution and punishments.

A CORRUPTEE
- a public officials, law enforcement officers or anybody who not a member of the organization who
can helps the organization
Scale of Organized Criminal

CHARACTERISTICS OF ORGANIZED CRIMES

- It is a conspiracy activity involving coordination of members.
- Economic gain is the primary goal.
- Economic goal is achieved through illegal means.
- Employs predatory tactics such as intimidation, violence and corruption.
- Effective control over members, associates and victims.
- Organized crimes do not include terrorists dedicated to political change.
ATTRIBUTES OF ORGANIZED CRIMES
1. Has no political goal
2. Is hierarchical
3. Has a limited or exclusive membership
4. Constitute a unique subculture
5. Perpetuates itself
6. Exhibits a willingness to use illegal violence and bribery
7. Demonstrates specialization/ division of labor
8. Is monopolistic
9. Is governs by explicit rules and regulations

1. Has no Political Goals

Organized crime is basically motivated by money and power. It is not social doctrine neither
political belief nor ideological concerns that motivated leaders and members of the organized crime
groups. Political involvement may be part of its activities for the purpose of gaining protection for its
illegal activities.

2. Hierarchical
An organized crime has a vertical power structure with at least three (3) ranks. The authority is
inherent in the position and does not depend on who happens to be occupying it at any given time.

3. Limited or Exclusive Membership

The criteria such as ethnic background, race, kinship, criminal record and other similar
consideration seems to be the basis for membership in an organized crime group.
Sponsorship by a ranking members and behavior characteristics also plays important factors
for recruitment such as but not limited to: willingness to commit criminal act, follow the rules and
regulations and secrecy in the organization.

4. Constitute a unique subculture

Members of the organized crime group considered themselves distinct from the
conventional society. They look at the society as “weak and stupid” and treat them with
derisions if not contempt, and therefore not subject to its rules. This is sometimes referred to as “the
underworld”.

5. Perpetuates itself
An organized criminal group constitutes an ongoing criminal conspiracy designed to persist
through time; that is, beyond the life of the current membership. In order for the group to survive, it
must have an institutionalized process for inducting new members and inculcating them with the
values and ways of behaving of the social system. This is shown by the depth of the sub-cultural

47
orientation exhibited by the group.

6. Willingness to use Illegal Violence and Bribery

Violence is readily available and acceptable in an organized crime group as a means to
achieve its goal. Bribery becomes necessary so as to protect its operation and insure lesser chance
of detection and suppression.

7. Specialization/Division of Labor
There is a need for established functional position filled with qualified members.
Commonly, there is a need for:
(1) an enforcer, one who carries out difficult assignments involving the use of violence,
including murder, in a rational manner. He may use members or non members or even a specialist to
carry out the assignment; and
(2) a corrupter (fixer/money mover), excels in developing contacts.
8. MONOPOLISTIC
An organized crime group eschew competition. It strives for hegemony over a particular
geographic area, a particular “industry”, legitimate or illegitimate, or a combination of both.
A monopoly, of course, restrains “free trade” and increases profits. An organized crime
monopoly is maintained by violence, by the threat of violence, or by corrupt relationships with law
enforcement officials. A combination of both methods, violence and corruption, may be employed.

9. GOVERNS BY EXPLICIT RULES AND REGULATION

An organized crime group, like a legitimate organization, has a set of rules and
regulations that members are expected to follow.
In an organized crime group, however, a rule-violating member is not fired but, more likely,
fired upon

STRUCTURE OF ORGANIZED CRIME GROUPS

- The bureaucratic / Corporate model
- Patrimonial/ Patron Client

The Bureaucratic/ Corporate Model

The corporation, the police, and the military are examples of bureaucracies, that mode of
organization essential for efficiently carrying out large scale tasks.

Patrimonial/ Patron Client

It is a characteristic of traditional societies that centers on families, patrons and their clients, and
other personalities networks.

GENERIC TYPE OF ORGANIZED CRIMES

1. Political Graft
- committed by political criminals for purposes of gaining profit though violence or force
for the attainment of political goals or ambitions such as used of private armies, buying of votes or
threatening voters.

2. In-Group Oriented Organized Crime

- manned by semi-organized individual with the end view of attaining
psychological gratification such as adolescent gangs.

3. Mercenary/Predatory organized crime

- perpetuated for the attainment of direct personal gain but prey upon unwilling victims.

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4. Syndicated Crimes
- comes with a structure organization that participates in illicit activity in society using
force, or intimidation.

TYPICAL ORGANIZED CRIME ACTIVITIES

1. THEFT and FRAUD Victimizing
business:
Hijacking of cargo trucks Robbery
Bankruptcy fraud (“bust-out”) Insurance
Fraud
Stock Fraud (Inside Trading)
Victimizing individual persons:
Car theft (chop-shop or export)
Burglary (robbery in a building) Stock Fraud
(pump and dump scam)
Victimizing State:
Bid-rigging public projects
Counterfeiting of Money
Smuggling (Alcohol –bootlegging; Cigarettes – butt legging)

Providing immigrant workers to avoid taxes

2. PROVIDING ILLEGAL SERVICES and GOODS

Loan Sharking Murder for hire
Book making Toxic Substance
Gambling People Smuggling
Prostitution Trafficking in human beings
Drug Trafficking Arms dealing
Pornography

3. BUSINESS and LABOR RACKETEERING

- Casino skimming
- Setting up monopolies in rigid market low tech industries.
- Bid-rigging
- Abusing labor unions
- extortion (e.g. construction, transport, etc)
- Use of non-union labor and pocketing the wage difference.
- Monopolizing the supply of immigrant workers with the associated people; smuggling.

4. Miscellaneous Activities:
- Money laundering;
- Political corruptions;
- Bullying; and
- And Piracy.

THEORIES OF CRIME
1. The strain of anomie
2. Differential association
3. Subcultures and social disorganization
4. Social control theory
5. Ethnic succession

MAFIA

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- is a term used to describe a number of criminal organizations around the world
- the first organization to bear the label was the Sicilian Mafia based in Italy, known to its
members as Cosa Nostra
- in sum, mafia means protection against arrogance of the powerful, remedy to any damage,
sturdiness of body, strength and serenity of spirit, and the best and exquisite part of life.
- apparently Sicilian-Arabic derived from terms meaning to protect and to act as guardian; a
friend or companion; to defend; preservation, power, integrity, strength, and a condition that
designates the remedy of damage and ill.

OMERTA
- is a code of silence and secrecy that forbids Mafiosi from betraying their comrades to the
authorities.
- Ideal of manliness
- Noncooperation with authorities
- Self-control in the face of adversity
- Vendetta-blood washes blood
- Neither government nor church to be trusted

The foundation of the entire mafia is respect. Fear is the engine, and money is the fuel. But
longevity of the mafia as an enterprise is built upon an abiding and uncommon sense of respect.

The penalty for transgression is death, and relatives of the turncoat may also be murdered.
Mafiosi generally do not associate with police (aside perhaps from corrupting individual officers as
necessary). For instance, a mafioso will not call the police when he is a victim of a crime. He is
expected to take care of the problem himself. To do otherwise would undermine his reputation as a
capable protector of others, and his enemies may see him as weak and vulnerable.
According to legend, the word Mafia was first used in the Sicilian revolt – the Sicilian Vespers –
against rule of the Capetian House of Anjou on 30 March 1282. In this legend, Mafia is the acronym for
"Morte Alla Francia, Italia Anela" (Italian for "Death to France, Italy cries!").
However, this version is now discarded by most serious historians.

RULES OF AMERICAN MAFIA

- Always show respect to those who can command it.

- Report any failure to show respect to one’s patron immediately.
- Violence must be used, even if only a limited type, to ensure respect.
- Never ask for surnames.
- Never resort to violence in a dispute with a member or associate of another family.
- Never resort to, or even threaten, violence in a member of your family.
- Do not use the telephone except to arrange a meeting place, preferably in code, from which
you will then travel to a place to discuss business.
- Avoid mentioning specifics when discussing business-for example names, dates, and
places- beyond those absolutely necessary for understanding.
- Keep your mouth shut-anything you hear, anything you see, stays with you, in your head; do
not talk about it.
- Do not ask necessary questions. The amount of information given to you is all you need to
carry out your instructions.
- Never engage in homosexual activities.
- If your patron arranges for two parties to work together, he assumes responsibility for
arbitrating any disputes between the parties.
- The boss can unilaterally direct violence, including murder, against any member of his family,
but he cannot engage in murder-for-hire, that is, make a profit from murder.
- The boss cannot use violence against a member or close associate of another family
50
 without prior consultation with that family’s boss.
- The principal form of security in the American Mafia is an elaborate system of referral and
vouching. Vouching for someone who turns out to be an informant or undercover officer
entails the death penalty.

RUSSIAN ORGANIZED CRIME

VORY V ZAKONE
- aka “ thieves with code of honor”

It is the Sicilian counterpart, linked to a territorial-based provision of protection services and to

alliance between upper world and the underworld. It is characterized by the three types of actors in
crime picture at Russia namely:
(1) corrupt government officials,
(2) shady business tycoons (oligarch); and
(3) members of criminal gang headed by a so called authorities and loosely tied with
criminal fraternity known as “thieves in law” (Vory V. Zakone). They were able to create
protective roof through their financial and fraternity connection.

ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS)

It first formed in the barrios in the 1920s. By 1990s, the Major Latino gangs had joined into
two syndicates, the Nortenos based in northern California and the Surtenos based in Southern
Califoria.

The Nortenos include such gangs as Big Hazard, the Breed Street Gang and the Silver Leaf
Nortenos (SLN).

The Surtenos include the Assasins, King Kobra and Mara Salvatrucha.

In the Midwest
The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation
based in Chicago.
In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the PRM
(Partido Revolucionario Mexicano), and Mexicles being the most prominent.

In the Eastern United States

The major syndicates are La Gran Raza (The Great Race) and La Gran Familia (The Great
Family). The Dominican Gangs became the major player in Drug trade in Metropolitan New York
and in Northern New Jersey.

In Miami and Dade County, Florida,

The Cuban Mafia has built a strong base, having taken advantage of an alliance with Santo
Trafficante’s Italian American Mafia family based in Tampa.
In Puerto Rico, the Neta Association began as a prison gang, but it has spread beyond the
island and beyond the prison walls.

ORGANIZED CRIME IN ASIA

China Organized Criminal Groups

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 1. Gangs (Triad) = work in cooperative ventures involving black market activities,
burglaries and thefts, hijackings and extortions.
2. Criminal Syndicates = commonly involved in sophisticated crimes such as prostitutions,
human trafficking and other organized form of both are involved in drug trafficking particularly
of heroin from the golden triangle as well as Exploitation of women and children and
smuggling of illegal immigrants vices.

Dragon Syndicates is another name for the Chinese Triads, a name popularized by Martin Booth’s
much acclaimed study “The Dragon Syndicates: the Global Phenomenon of the Triads (New York: Carroll
and Graf, 2000).
The Triad came from the symbolic triangle in their flag which indicates the three (3)
elements: The Heaven, The Earth and the Man.
Hong Kong Organized Criminal Groups
Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They are
involved in various activities ranging from drug trafficking to corruption.
ICAC- Independent Commission Against Corruption is one of the most active Criminal Justice
Unit involved in controlling illicit activities of these triads
JAPAN

Yakuza (8-9-3) or Boryokudan

- is the most influential organized crime group in Japan.
- Yakuza makes billions of dollars through corporate extractions and the Sokoiya
(shareholders meeting men).
- Other activities that they are involved include exploitation of women, prostitutions (mostly
coming from the Philippines, Thailand and Taiwan) and gambling den.

CAMBODIA
Drug trafficking and human smuggling are the most notable organized criminal activities in
Cambodia which are widely controlled by the Chinese and Myanmorese.
Other activities involved gambling, corruption, prostitution and money laundering. Due to
people’s belief of the effect of having sex with virgin women, prostitution became one of the most
expensive organized crime and virgin women are the highest valued commodities.
REPUBLIC OF KOREA

KEANDAL EMENING SCARUPS

Although not considered as criminal groups, they also engage in criminal activities
someway to help the weak and the poor. They are notable for their loyalty and faithfulness.
Organized criminal groups come in the form of political groups used as henchmen to attack
political rivals
. Several organized groups are associated with YAKUZA and other groups in the United States
are involved mostly in drug trafficking, prostitution and exploitation of women.

MYANMAR
Myanmar has the largest organized crime groups controlled by military Junta. It
includes the following:
*United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has
connection with Southeast Asian and North America.
* Kinkang Chinese – in coordination with MNDAA, protects cultivation areas and
refining of drugs.
* Myanmar National Democratic Alliance Army – control the plantations and refine opium
into heroin and also produced methamphetamine.
Trafficking of women and children to Pakistan and Thailand and corruption are also some
of the activities of the group.
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TAIWAN
Taiwan organized crime has close connection with the Chinese Triads and Hong Kong
particularly the United Bamboo Gang. They are involved in drug trafficking, prostitution, women and
child trafficking.

SINGAPORE
This is the country with the lowest cases of organized activities due to stringent laws and
severe penalties and the government’s strong will power for the implementation of laws.

THAILAND
The country considered to be the most notorious in the world in terms of sex industry.
Supplies or imports about one (1) million women in different countries in Asia.

VIETNAM
“Nam Cam Gang” is one of the most noted organized crime group in Vietnam and known for
drug trafficking and one of the major transit point of drugs in Laos, Myanmar, China and Taiwan from
Cambodia.
PHILIPPINES
The country considered as the heaven for the sex industry. A number of women are sent
abroad as entertainers but later end-up as prostitutes. Thailand, Japan and other Asian Countries are
common places of their destination. Young children for pedophiles are also being catered.

1. Francisco Group
- Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas and
Mindanao
2. Pentagon Group
- operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds.
Alonto is a nephew of MILF Chairman AL HAJ MURAD
3. Lexus Group
- specializes in carnapping and operates in NCR and Luzon
4. Rex “Wacky” Salud Group
- engaged in illegal gambling and operates in Cebu
5. Vic Yu Group
- engages in illegal gambling and operates in Visayas.
6. Superable Family
- a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who was
killed in action during a shoot-out with law enforcers
7. Martires KFR group
- killed in Action (KIA)
8. Waray-Waray Group
- an ethnic group engaged in kidnap for ransom operations. Members are either belong from
the family clan or natives from Samar and Leyte. Their leader was arrested on September 24,
2005.
9. Lupo Rhu Group
- lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.

TRANSNATIONAL ORGANIZED CRIME CONCEPT

OF TRANSNATIONAL CRIME
The concept of transnational crime was coined by the United Nations (UN) Crime Prevention
and Criminal Justice Branch to identify certain criminal phenomena transcending international

53
borders, transgressing the laws of several states or having impact on another country.

TRANSNATIONAL CRIME
- a continuing illegal activity of group of person which is primarily concerned with the
generation of profits, irrespective of national boundaries as a result of globalization.

GLOBALIZATION
- refers to the rapid development of the western culture that ultimately affects other cultures
in the world as brought by intellectual and technological advances, in which some crimes
occurring in other countries are attributed.

TRANSNATIONAL ORGANIZED CRIME

- is a crime perpetuated by organized criminal group which the aim of committing one or more
serious crimes or offenses in order to obtain directly or indirectly, a financial or other material
benefits committed through crossing of borders or jurisdictions
ORGANIZED CRIMINAL GROUP
- shall mean a structured group of three or more persons, existing for a period of time and acting
in concert with the aim of committing or more serious crimes or offenses established in
accordance with this convention, in order to obtain, directly or indirectly , a financial or material
benefit

SERIOUS CRIME
- shall mean conduct constituting an offence punishable by maximum deprivation of liberty
of at least four years or a more serious penalty

An offense is transnational in nature if:

- It is committed in more than one State;
- It is committed in one State but substantial part of its preparation, planning, direction or control
takes place in another State;
- It is committed in one State but involves an organized criminal group engages in
criminal activities in more than one State; or
- It is committed in one State but has substantial effects in another State.

Factors Making a Nation “hospitable” to Transnational Crimes

1. Corruption
2. Incomplete or weak legislation
3. Poor enforcement of existing laws
4. Non-transparent financial institutions
5. Unfavorable economic conditions
6. Lack of respect for the rule of law in society
7. Poorly guarded national borders
8. Lack of political will to establish rule of law
9. Geographic location (e.g. along arms or narcotics trafficking route)
10. Regional geopolitical issues (e.g. long-standing territorial dispute).

PRIMARY STRATEGIES AGAINST TRANSNATIONAL ORGANIZED CRIME

- Good Governance
- The Rule of Law
- International Cooperation

Executive Order No. 265

- creating the OSETC for a stronger campaign against transnational crime
- the Office of the Special envoy on Transnational Crime is the agency concerned in resolving

54
 overlaps in systems and procedures and determines the appropriate agency competent to
address a specific transnational crime issue

Transnational Crimes
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons
HUMAN TRAFFICKING

TRAFFICKING IN PERSON (TIP)

- a form of modern-day slavery
- refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or
without the victim's consent or knowledge, within or across national borders by means of threat
or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person for
the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs. Section 3a, RA 9208

Push Factors to Trafficking

1. Individual level
2. Family
3. Community
4. Society

Individual level
- Lack of education and information
- History of abuse and exploitation
- Women’s aspiration

Family
- Domestic violence or marital discord
- Desertion
- Separation
- Neglect of parents
- Breadwinner or desire to improve the family’s economic condition
Community
- Congested neighborhood
- Poor housing and living conditions
- Lack of employment opportunities
- Lack of basic social services

Society
- Political and economic insecurity
- Political corruption
55
 - Conflict
- Structural adjustment policies resulting in the rising cost of living
- Poverty
- power relations and gender inequality
- Lure of migration
- Consumerism
- Supply and demand

Pull factors to trafficking

- Increased ease of travel (cheaper and faster travel opportunities, easier access to
passport);
- Higher salaries and standard of living in larger cities and countries abroad (greater
possibilities for acquiring new skills and education, increased job opportunity, and
mobility);
- Established migration routes and ethnic, national communities;
- Active demand for migrant workers in destination countries combined with the existence of
recruitment agencies and persons willing to facilitate jobs and travel; and
- High expectations of opportunities in other countries boosted by global media and internet
access and stories of returning migrants or those whose families have profited from
remittances.

Global Status of Human Trafficking

- In 2004, according to U.S government 600,000 to 800, 000 people were victims of
trafficking worldwide.
(mostly female and minors and 70 percent were trafficked for sexual exploitation)
- According to the data of International Labour Organization 12.3 Million people were
trafficked around the world (across borders and individual countries)
- 300, 000 children were trafficked to served in armed conflicts (UNICEF)

TIP in Asia
- 9.5 million were trafficked in Asia (ILO).
(1/3 trafficked for other form of economic exploitation, the rest are for commercial sexual
exploitation)

Status of Human Trafficking in the Philippines

- According to the United Nations Children's Fund (Unicef) an estimated 60,000 to
100,000 children in the Philippines are involved in prostitution rings.
- According to the International Labour Organization (ILO) about 100,000 children are involved
in prostitution.
- US government reports, the number of child victims in the Philippines range from 20,000
to 100,000, with foreign tourists, particularly other Asians, as perpetrators.
- The Philippines is ranked under Tier 2 Watch List in the 2009 Trafficking in Persons Report of
the United States (US) State Department due to the Philippine government’s alleged failure to
show evidence of progress in convicting trafficking offenders, particularly those responsible
for labor trafficking.

Vulnerable sector
- Profiles of women trafficked show that they are mostly young, without or less education
coming from the rural areas and poor families, which include women displaced in Central
Luzon due to the eruption of Mt. Pinatubo or the landslide in Guinsaugon Southern Leyte.

Philippine Government Manifested its Commitment against TIP through the

Creation/Amendment of other legislative acts such as:

56
 - Mail-Order Bride (RA 6955)
- Anti-Rape law of 1997 (RA 8553)
- Rape Victim Assistance and Protection Act of 1988 (RA 8505)
- Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610)
- An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private
Undertakings (RA 7658)
- Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042)
- Philippine Passport Act of 1996 (RA 8239)
- Inter-Country Adoption Law (RA 8043)

Republic Act 9208

- Anti-Trafficking in Persons Act of 2003
- Approved May 26, 2003
- Consolidation of Senate Bill No. 2444 and House Bill No. 2444
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those
done under the pretext of domestic or overseas employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person
or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for
marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said
person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates
and stickers as proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information
technology and the internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
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 purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession
of unissued, tampered or fraudulent travel documents for the purpose of promoting
trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving
the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified

trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage; Deficiency Syndrome (AIDS).
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is committed by a public officer or employee;

COMPUTER CRIME
- any crime accomplished through special knowledge of computer technology.
- any crime where computer is used as a tool or as a target or incidental to the
commission of a crime.
- Also known as Cybercrime.
- Any illegal act in which knowledge of computer technology is used to commit the
offense. (L. E. Quaratiello)
- All illegal activities that are committed by or with the aid of computer or information
technology or in which the computers are the target of the criminal enterprise. (Martin
L. Forst)

CYBER CRIME IN THE PHILIPPINES

The LOVE BUG
By far the most popular incidence of cyber crime in the Philippines is the “ILOVEYOU Virus” or
the LOVE BUG. The suspect in the case, a 23-year old student from a popular computer university in
the Philippines drafted the virus with the vision of creating a program that is capable of stealing
passwords in computers, ultimately to have free access to the internet.
During the height of the LOVE BUG incident, Reuters has reported: "The Philippines has yet to
arrest the suspected creator of the 'Love Bug' computer virus because it lacks laws that deal with
computer crime, a senior police officer said". The fact of the matter is that there are no laws relating to
Cybercrime in the Philippines. The National Bureau of Investigation is finding it difficult to legally arrest
the suspect behind the 'Love Bug' computer virus.
As such, the need for countries to legislate Cyberlaws relating to Cybercrime arises on an
urgent priority basis. Due to the incident, the Philippines have seen the necessity for the passage of
a law to penalize cyber crimes, thus the enactment of Republic Act 8792 otherwise known as the
Electronic Commerce Act.

RA 8792

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- legislated because of I love you virus
- This Act shall be known and cited as the "Electronic Commerce Act.”
- Approved June 14, 2000

Common Types of Cyber Crimes already handled by NBI

1. HACKING / CRACKING
2. MALICIOUS EMAIL SENDING
3. INTERNET PORNOGRAPHY
4. LAUNCHING OF HARMFUL COMPUTER VIRUSES
5. DISTRIBUTED DENIAL OF SERVICE ATTACKS (DOS)
6. WEBSITE DEFACEMENT
7. ACQUIRING CREDIT CARD INFORMATION FROM AN E-COMMERCE WEBSITE
8. INTERNET SHOPPING USING FRAUDULENTLY ACQUIRED CREDIT CARDS
9. WIRE TRANSFER OF FUNDS FROM A FRAUDULENTLY ACQUIRED CREDIT CARD
10. ON-LINE AUCTION FRAUD

WHAT ARE COMMON METHODS AND STANDARD TERMS USED TO DESCRIBE CYBER CRIME?

Hacking
- is the act of illegally accessing the computer system/network of an individual, group or
business enterprise without the consent or approval of the owner of the system

Cracking
- is a higher form of hacking in which the unauthorized access culminates with the
process of defeating the security system for the purpose of acquiring money or
information and/or availing of free services

Malicious Sending of E-mails

- the sending of malicious and defamatory electronic mails for the purpose of extorting
money, or threatening prospective victims

Internet Pornography
- The trafficking, distribution, posting, and dissemination of obscene material including
children’s nude pictures, indecent exposure, and child sex slavery posted into the internet,
live streaming videos aired through the internet
A computer virus
- is a computer program that can copy itself and infect a computer without permission or
knowledge of the user

Launching of Harmful Computer Virus

1. Virus
2. Worm
3. Trojan Horse

Worm
- spread itself to other computers without needing to be transferred as part of a host

Trojan horse
- is a file that appears harmless until executed. Trojan horses do not insert their code into other
computer files

Logic bomb
- a set of instructions secretly inserted into a program that is designed to execute if a
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 particular program is satisfied
- the bomb lies dormant until a particular date is reached or command entered

Identity theft
- defined as the criminal act of assuming person’s name, address, social security number, and
date of birth in order to commit fraud

Phishing
- sending fraudulent e-mails or website pop-ups, to get victims to divulge sensitive
financial information such as credit card numbers or social security numbers

Distributed Denial of Service Attacks

- DDoS attacks can be committed by employing multiple computers controlled by a single
master computer server to target a particular server by bombarding it with thousands of
packets of data in an attempt to overwhelm the server and cause it to crash
Website defacement
- is the unauthorized modification of a website

Acquiring Credit Card Information from a Website that offers E-Services

- When you shop online, the most convenient way to pay for the items you order is through your
credit card. When you pay thru your credit card, you need to disclose information such as your
complete name, your postal address, zip code, state, phone number credit card account
number, its expiration date and its security code/pin. Upon entering the above-mentioned
information, it will be verified “real-time” by the site merchant. It usually takes a minute to verify
whether the credit card is valid or invalid. If valid, the information you entered will be stored in
the website’s database server.
Hackers look for the file containing the credit card information of all the customers who
bought from a certain e-commerce site. Upon acquisition thereof, it will be decrypted to make
it readable and all the information of the transactions will be made available.
Hackers prefer VISA, AMERICAN EXPRESS and MASTERCARD when filtering credit card
information. It is because VISA and MASTERCARD are widely accepted by almost ALL Internet
Shopping Sites. American Express on the other hand has no CREDIT LIMIT

- Credit card numbers of American Express start with the number 3, MasterCard credit cards
start with the number 5 while VISA Credit cards start with the number 4

- American Express credit cards have 15 digits Account Number while Visa and Mastercard
credit cards contain 16.

Internet Shopping Using Fraudulently Acquired Credit Card

Hackers, upon acquiring the desired credit card information now conducts “window
shopping”, hopping from one shop site to another, looking for cellphones, gadgets, apparels,
computer peripherals, softwares etc. When he finds what he wants to buy, he then add/s his
desired item/s to the shopping cart and checkouts. He will then supply the Credit Card information
of the fraudulently acquired credit card such as the Complete name of the cardholder, address, zip
code, state, email address, credit card number and expiration date. Other pertinent information
such as shipping address of the items ordered will have to be supplied too.

Wire Transfer of Funds from Fraudulently Acquired Credit Card

When a hacker knows your complete credit card information, he can extract CASH from the
acquired credit/debit card online. By signing up with Western Union Money Transfer
(http://www.westernunion.com) using the fraudulently acquired credit card information, he can
pretend that he will just send money to his relative and western union will directly debit the credit card
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and it will reflect on the billing statement of the original credit card holder. Wire transfer of funds using
credit cards require the credit card security number.

Online Auction Fraud

- First, the fraudster should sign up for an account at an online auction site such as e-bay, yahoo
auctions or U-Bid
- The fraudster falsifies all information that he enters on the signup page. The only true
information is his email address, for he will be contacted by interested bidders by means of
email.He will be asked to provide a credit card. This is where he will need the fraudulently
acquired credit card. When all of the required fields are signed up, his application will be
approved and he will be a registered member of the said auction site. He is now then allowed to
bid, and auction any item. A fraudster will auction expensive items such as laptops, cellphones,
PDA’s (handheld devices), desktop computers, camcorders and hard to find memorabilias. He
will then sell it at a lower price for legitimate bidders to bid immediately. An online fraudster
only accepts payments thru
personal checks, money order, wire transfer and western union money transfer. It is bluntly
stipulated in his auction page.

TECHNICAL TERMS

ISP – stands for Internet Service Provider. It provides internet service to internet users.
IP Address – series of numbers assigned by an Internet Service Provider to an internet user when it
connects to the Internet
Dynamic IP Address – a type of IP Address that changes everytime the internet user accesses his
Internet Service Provider. It is usually assigned to dial-up or base speed broadband service
subscribers (eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps service etc.)
Static IP Address – a type of IP Address that is constant regardless of the time or number of
attempts the internet user accesses the internet. It is usually assigned to High-Speed
Internet Users or Corporate Accounts (eg. ADSL (Asymetric Digital Subscriber Line)
connections, E1 Internet Connections, OC3 Internet Connections, T1 Internet Connections,
Leased Line Internet Connections)
Website – a portfolio of a person / organization / entity / company which is posted on the
Internet for accessibility worldwide.

The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of all crimes
committed via the internet. The identification of the IP Address leads to the identity of the Internet
Service Provider (ISP) used to access the internet and eventually the subscriber of the account where
the internet activity was performed.

The IP Address as given by the ISP depends on the type of internet account a subscriber
maintains, whether it is a DYNAMIC IP or STATIC IP.

If Static:
Subscriber information (name, billing address, installation address, type of internet
account, usage and costs etc.) if applicable

If Dynamic
log reports indicating telephone number used to make “dial-up” access

VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Company should be analyzed to

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determine whether it is a Billing Address or an Installation Address.
For purposes of a search warrant application, the Installation Address is the more important
matter to consider. The purpose of a Search Warrant application/ implementation in a cyber crime
investigation, as with any other offense is to confiscate and seize the instruments/implements, tools
used in the commission of the offense. Since the crime was committed with the aid of a computer, the
same and its peripherals are the instruments used in its commission.

TOP TEN SECURITY TIPS FOR COMPUTER USERS

1. Never send an e-mail that you wouldn't let your wife or boss to read.
2. Turn off your computer when you are not using it. It is the only sure way to keep the
hackers out.
3. Use a password to log onto your computer. Most operating system let you set a
password and to change it regularly.
4. Don’t accept cookies. If you have to, delete them when you are finished surfing.
5. Use the latest versions and software patches for your e-mail and your browser. New
security loopholes are constantly being discovered.
6. Keep your antivirus up to date. Hackers never rest. Every email attachment can contain a virus,
so scan it before you open it.
7. Watch your laptop at the airport. Be specially careful at X-ray security machines, which is where
most laptop theft occur.
8. Don’t use the same password over and over. Make new variations.
9. Use a paper shredder. Don’t just throw out unsolicited credit card application. Shred them.
10. Never give out your social security number, online or off. This information in a wrong hand is
license to steal.

TERRORISM

- the word terror derives from the Latin word terrere, meaning “to frighten”
- the use or threatened use of force design to bring about political change. (Brian Jenkins of the
Rand Corporation)
- the unlawful use of force or violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in furtherance of political or social
objectives (FBI)
- an action the urban guerilla must execute with the cold-bloodedness, calmness and decision
(Modern godfather of urban guerilla, Carlos Marighella)
- a premeditated, politically motivated violence perpetuated against noncombatant targets by
groups of clandestine state agents, usually intended to influence an audience (U.S Department of
State)
- Paul Pillar, an erstwhile deputy chief of the CIA counter-terrorist center, opined that terrorism
has four basic components or elements providing guides to defining it, namely:
1. It is premeditated, planned in advance, rather an impulsive act of rage;
2. It is political and not criminal, but designed to change existing political order;
3. It is aimed at civilians and not a military targets or combat ready troops; and
4. Sub-national groups execute it, not the army of a given country.
- the unlawful or threatened use of force or violence by a person or an organized group against
people or property. With the intention of intimidating or coercing societies or governments,
often for ideological or political reasons, (Webster Dictionary)
- a threat or actual use of force or violence for political or other purpose, to foster fear,
distrust, insecurity, and unrest among specific 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 on an audience
- the calculated use of violence or the threat of violence to attain goals, often political or
ideological in nature
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- violent criminal behavior designed to generate fear in the community, or a substantial
segment of it, for political purpose

International terrorism
- politically-oriented extreme violence that is perpetrated by residents or representatives of one
or more countries against the interest of another country or by members of a violent foreign
politically directed organization not affiliated with the country being attacked for the purpose of
forcing a change in government or in how society functions

Al Qaeda
- in Arabic, this means The Base
- founded by Osama bin Laden in 1980

Osama bin Laden

- Organized al Qaeda
- born in 1955 or 1957 in the city of Riyadh
- responsible for truly heinous terrorist incidents, including the 2001 destruction of the World
Trade Center (WTC)
- died killed in Pakistan on May 2, 2011 (Operation Neptune Spear)

Ayman Mohammed Rabie al-Zawahiri

- Born June 19, 1951
- An Egyptian physician, Islamic theologian and current leader of al-Qaeda.

Hamas
- "enthusiasm“
- an acronym of Ḥarakat al-Muqāwamah al-ʾIslāmiyyah "Islamic Resistance Movement")
- is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip.
- Sheikh Ahmed Yassin & Mahmoud Zahar
- “Hamas is an extremist group...it is one of the deadliest terrorist organizations in the world
today.” George W. Bush
Hezbollah
- literally "Party of God“
- is a Shi'a Muslim militant group and political party based in Lebanon.
- receives financial and political support from Iran and Syria, and its paramilitary wing is
regarded as a resistance movement throughout much of the Arab and Muslim worlds
- the United States, the Netherlands United Kingdom, Israel, Australia, and Canada classify
Hezbollah as a terrorist organization, in whole or in part

Jemaah Islamiya
- Dates of operation: 1993- present
- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include Singapore,
Indonesia, Malaysia, Brunei, southern Thailand, and southern Philippines.
- JI was added to the United Nations 1267 Committee's list of terrorist organizations linked to al-
Qaeda or the Taliban on 25 October 2002 under UN Security Council Resolution 1267

Domestic Terrorism
- politically oriented extreme violence that is perpetrated by residents of a country within that country
in order to force a change in government or how in society functions

TERRORIST IN THE PHILIPPINES

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Rajah Solaiman Movement
- aka “Balik Islam” or “Back To Islam”
- founder Hilarion del Rosario Santos III aka Hannah Santos, aka Ahmed Santos, aka Hilarion
del Rosario, converted to Islam in 1993 and married into the top ranks of the leadership of
the Abu Sayyaf Group (ASG)
- one of the latest groups affiliated with ASG, MILF and JI

ABU SAYYAF GROUP (ASG)

Aliases:
- Al-Harakat Al-Islamiyyah, Bearer of the Sword, Father of the Swordsman

Founding Philosophy
- The Abu Sayyaf Group (ASG) was formed in 1991 during the peace process between the
Philippine government and the nationalist/separatist terrorist group, the Moro National
Liberation Front (MNLF). Angered by the movement toward a peaceful resolution, certain MNLF
members formed Abu Sayyaf
DIFFERENT TYPES OF TERRORISM
1. Anti-colonial Terrorism
2. Ideological Terrorism
3. Religious Terrorism

Ethnocentric
- the category of terrorist organization which is aimed at establishing a dominant or superior race
that will be looked upon by the entire populace in the world.

Revolutionary
- the category of terrorist group which is dedicated to overthrow an established order and
replacing it with a new political or social structure.

Political
- the category of terrorist group which aims in restructuring the society.

Nationalistic
- those who commit acts of violence due to their loyalty or devotion to their country.

ROOT CAUSES OF TERRORISM

1. Political Ideologicalism
2. Religious Fanaticism

Jihad
- the term which refers to the holy war waged by members of the Islamic religion against the
Jews.

IDEOLOGY
- body of ideas affecting the social needs and aspirations of an individual or group, a class or a
culture”
- Bovier defines it as “a set of doctrines or beliefs that from the basis of a political,
economic and other systems”.

TERRORIST TACTICS
1. Bombings
2. Assassinations and Assaults

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 3. Kidnapping
4. Hostage-taking/skyjacking
5. Weapons of mass destruction (WMD)

WHAT IS WEAPON OF MASS DESTRUCTION (WMD)?

- term used to describe a massive weapon with the capacity to indiscriminately kill large
number of people
- it could be nuclear, biological and chemical weapons

Categories of chemical agents (mostly in liquid form)

1. Nerve agents
2. Blistering agents
3. Chocking agents
4. Nerve agents

1. Nerve Agents
- agents that disrupt the mechanism by which nerves communicate with organs they
stimulate
- in other words the agents gets the nerves to send the wrong signal to the muscles they
control and hence, disrupt muscle function of the body
ex. Sarin Gas

2. Blistering Agents
- there are three common of this type; the most widely known are mustard gas, lewisite, and
phosgene oxime. Mustard gas, first used in World War I, will caused blistering on the exposed
portions of the body, as well as on internal organs. It will generally cause blindness and then
death by respiratory failure

3. Chocking Agents
- one of the deadliest choking agents is phosgene gas. This agent damages the respiratory
system and causes the lungs to fill with water, and thus chokes the victim.
Ex. chlorine

Biological Agents (liquid or dry form)

1. Anthrax
2. Botulinum toxin
3. Brucellosis
4. Cholera
5. Plague
6. Typhoid fever
7. Rickettsia

Anthrax
- a single cell organism that is produced by a fermentation process, such as that by which beer
is made
- caused by Bacillus anthracis and the effects of exposure include a severe infection that
attacks the skin, lungs, and gastrointestinal tract
- direct contact will cause formation of dry scabs all over the victims body and can develop into
systematic infection
- when inhaled, the agent attacks the respiratory system with symptoms appearing from one to
seven days

Botulinum toxin

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- a protein made by the clostridium botulinum bacteria
- exposure to the toxin, the nerve cell synapses are affected, causing palsy, spasms, and then
paralysis

Brucellosis
- also known as undulant fever
- symptoms can include intermittent or prolonged fever, headaches, profuse sweating, chills,
pains in the joints and muscles and fatigue

Cholera
- an acute gastrointestinal disease caused by Vibrio Cholera
- symptoms include a sudden onset of nausea and or vomiting accompanied by severe
diarrhea and a rapid loss of body fluids

Plague
- in natural transmittal form, the plague may the bubonic plague, or black death that
eradicated a great number of European in the middle ages
- transmitted from person to person by respiratory transmission, through rats, or from the bite
of an infected flea
- symptoms are high fever accompanied by general aches, severe weakness, and
pneumonia

Typhoid fever
- caused by an organism called salmonella typhosa which causes fever and frontal
headaches and is usually accompanied by rose colored spots on the skin
- must employed through food and limited water contamination

Rickettsia
- disease that appears in domesticated animals such as sheep, cattle, and goats
- spread to human through inhalation of particles contaminated with organism
- incubation period, ranging from 10 to 14 days

BOMBING

Terrorist commit bombings for a number of reasons:

1. To gain media attention, particularly the target is visible or symbolic.
2. Bombing is a cost effective and efficient way to attack a facility.
3. Bombing can be accomplished with a small number of personnel.
4. Bombing is inexpensive in comparison to alternatives such as kidnapping or hostage-
taking.
5. Random bombing make a considerable impact on the population, because more people fear a
bomb attack than being kidnapped or taken hostage.
6. Explosives are readily available through theft, sympathetic supporters, or purchase.
Explosives can be constructed through the use legitimately purchased chemicals,
fertilizers, and other material.

Types of bombers
1. Amateur
2. Professional
3. Psychopathic
4. Suicidal
1. Amateur
- can be described as experiments
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2. Professional
- builds or bombs or does both for profit
3. Psychopathic
- acts without rhyme or reason
4. Suicidal
- major attack weapon in recent years, particularly among Islamic terrorist groups

Number of elements which are almost universal in modern terrorist activities

- The use of violence to persuade
- Bombings or other attacks are employed to “make a point” with target victims.
- Selection of targets and victims for maximum propaganda value-
- The use of unprovoked attacks
- Maximum publicity at minimum risk
- Use of surprise to circumvent countermeasures
- Threats, harassment, and violence
- Disregarding women and children as victims
- Propaganda is used to maximize the effect of the violence
- Loyalty to themselves or kindred groups

R.A. 9372
- Human Security Act of 2007
- Approved on March 6, 2007
- Effective on May 15, 2007

Terrorism
– any person who commits an act punishable under any of the following provisions of the RPC: (Sec. 3)
1. Article 122 (Piracy in General and Mutiny in the High
Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d’ etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction) or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or
Explosives)thereby sowing and creating a condition of widespread and extraordinary fear
and panic among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended.

R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism

- Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty
(40) years of imprisonment
- There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism

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 The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the members of his team may, upon a
written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form,
kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with
the use of any other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism.

Provided, That surveillance, interception and recording of communications between

lawyers and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.

MONEY LAUNDERING

- MONEY LAUNDERING IS A CRIME.

- MONEY LAUNDERING IS ALSO THE WORLD’S THIRD LARGEST INDUSTRY BY VALUE.
- Cash is a bearer instrument and completely replaceable and easily convertible, lends
anonymity to many forms of criminal activity and of course is the preferred medium of
exchange in the criminal world.
- “Covers all procedures to change, obscure or conceal the beneficial ownership or audit trail of
illegally obtained money or valuables so that it appears to have originated from a legitimate
source.”
- “A process through which the existence of an illegal source of unlawful application of illicit
gains is concealed or disguised to make the gains legitimate, thereby helping to evade
detection, prosecution, seizure and taxation.”

“Money Laundering” is called what it is because the term perfectly describes what takes place,
illegal or dirty money is put through a cycle of transactions, or “washed”, or “laundered”, so that it
comes out the other end as legal, or clean money.

In other words, the source of illegally obtained funds is obscured through a succession of
transfers and deals in order that those funds can eventually be made to appear legitimate income.

How serious is the problem?

- Money laundering allows criminals to preserve and enjoy the proceeds of their crimes,
providing them with the incentive and means to perpetrate such activities and at the same time
expand and consolidate their forces.

- Corrupts financial institutions, control sizeable sectors of the economy through

investments and even bribe and infiltrate governments. In extreme cases, it may lead to the virtual
take-over of a legitimate government.

- Destroys the integrity of governments. With the increasing awareness of the ill-effects of
money laundering and the growing interdependence among global communities, countries that are
known to be used by money launderers could be placed in a bad light, adversely affecting their
financial institutions and relations within regional and global economies.

The three common factors identified in laundering operations are:

a. The need to conceal the origin and true ownership of the proceeds;
b. The need to maintain control of the proceeds;

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c. The need to change the form of the proceeds in order to shrink the huge volumes of cash generated
by the initial criminal activity, the so-called “predicate offense” or “unlawful activity”.

IMPUNITY
- without fear of prosecution
- without fear of confiscation

Money laundering is not a single act but is in fact a process that is accomplished in three basic steps or
stages:
a. Placement
b. Layering
c. Integration

- The physical disposal of cash proceeds derived from the unlawful activity.
- The aim is to remove cash from the location of acquisition to avoid detection.
- Separating illicit proceeds from their source by creating complex layers of financial
transactions designed to disguise the source of money, subvert the audit trail and provide
anonymity.
- The purpose is to disassociate the illicit proceeds from the unlawful activity by creating
intentionally a complex web of financial transactions aimed at concealing any audit trail as
well as the source and ownership of funds.
- The final stage in the process at which the money is integrated into legitimate economic and
financial systems and is assimilated with all the other assets in the system.
- Integration of laundered money into the economy is accomplished by making it appear to have
been legally earned. Thus, exceedingly difficult to distinguish between legal and illegal wealth.

Laundering of Proceeds
- Mix dirty money with legitimate funds
- Use dirty money for legitimate purposes
- Invest dirty money in legitimate business/es

The Vienna Convention of 1988 – The United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances
- “To deprive persons engaged in illicit traffic of the proceeds of their criminal activities and
thereby eliminate their main incentive for doing.”
- Taking profit away from the crime!
- Fighting money laundering prevents the criminal from enjoying his ill-gotten gains and he will
also be unable to infuse the same back to his criminal activity or organization.
- The Financial Action Task Force (FATF) is the international body formed by the leading
industrial countries in the world, collectively known as the Group of Seven (“G7”), during the
Paris G7 Summit of 1989.
- The Forty Recommendations
- List of measures that the FATF encourages all nations to adopt in order to institute and
implement an effective anti-money laundering program. They constitute the international
standards of anti-money laundering measures with respect to the criminal justice system, law
enforcement procedures and the regulation of the financial system.

1. Criminalization of money laundering

2. Establishment of a system of suspicious transaction reporting
3. Creation of a centralized financial intelligence unit or “FIU”
4. Removal or relaxation of bank secrecy laws
5. Institution of a system allowing mutual assistance and cooperation between countries to
apprehend and prosecute suspected money launderers

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The FATF cracks down on terrorist financing with the following nine special
recommendations:
6. Provide the widest possible range of assistance to other countries’ law enforcement and
regulatory authorities for terrorist financing investigations.
7. Impose anti-money laundering requirements on alternative remittance systems.
8. Strengthen customer identification requirements in international and domestic wire
transfers.
9. Ensure that entities, in particular non-profit organizations cannot be used to finance
terrorism.

- The provisions of the Anti-Money Laundering Act of 2001 (AMLA) or R.A. No.9160, as
amended, lays down the Philippine policies and principles to prevent banks, insurance companies
and the securities and capital markets and industries from being utilized by money launderers to
“wash” their so-called “dirty money”.
The two-fold policy of the AMLA are :
1. To protect and preserve the integrity and confidentiality of bank accounts;
2. to ensure that the Philippines is not used as a money laundering site of the proceeds of
unlawful activities.

- Thus, it is the Philippines’ policy not only to protect depositors and investors but of equal
importance is the investigation, apprehension and prosecution of suspected money launderers.
- Under the AMLA, money laundering is “ a crime whereby the proceeds of an unlawful activity
are transacted, thereby making them appear to have originated from legitimate sources.”
- Money Laundering as a crime is committed in three (3) different ways under the AMLA
- “Any person knowing that any monetary instrument or property represents, involves, or relates
to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary
instrument or property.”
- Imprisonment of 7 to 14 years and a fine of not less than P 3 Million but not more than twice
the value of the monetary instrument or property involved in the transaction.
- “Any person knowing that any monetary instrument or property involves the proceeds of an
unlawful activity, performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraph (a) above.”
- Imprisonment of 4 to 7 years and a fine of not less than P 1 Million but not more than P 3
Million.
- “Any person knowing that any monetary instrument or property is required under this Act to be
disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.”

Other penalties include:

- Forfeiture of the monetary instruments or property involved in the money laundering offense
in favor of the Philippine government.
- Perpetual or temporary absolute disqualification from public office, as the case may be, if the
offender be a public official or employee.
- If the offender is a corporation, partnership, association or any juridical person, the penalty
shall be imposed on the responsible officer who participated in or allowed by gross
negligence the commission of the crime.

- “Unlawful Activity” refers to any act or omission or series or combination thereof involving
or having DIRECT relation to any of the following:
- Piracy on the high seas
- Qualified Theft
- Swindling
- Smuggling

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 - Offenses under the E-Commerce Act
- Hijacking, destructive arson, murder,
- Violations of the Securities and Regulation Code
- Felonies or offenses of a similar nature under penal laws of other countries

The Anti-Money Laundering Council (AMLC) is the financial intelligence unit of the Philippines
and is composed of the following officials :
- The Governor of the Bangko Sentral ng Pilipinas
- The Chairperson of the Securities and Exchange Commission
- The Commissioner of the Insurance Commission

A COVERED TRANSACTION is a transaction in cash or other equivalent monetary instrument

involving a total amount in excess of PHP500,000.00 within one (1) banking day.
Republic Act No. 9160
- approved on September 29, 2001
- this Act shall be known as the "Anti-Money Laundering Act of 2001.“

For the prevention of money laundering, the AMLA contains specific provisions on the
following areas:
a. Customer identification
b. Keeping of records
c. Recognition and reporting of covered and suspicious transactions
d. Training

Importance of Customer Identification

The inadequacy or absence of “KYC” standards can subject banks to serious customer and
counter (third) party risks, especially:
1. Reputational risk
2. Operational risk
3. Legal and concentration risk

Reputational Risk
- the potential that adverse publicity regarding a bank’s business practices and associations,
whether accurate or not, will cause a loss of confidence in the integrity of the institution.

Operational Risk
- the risk of direct or indirect loss resulting from inadequate or failed internal processes, people
and systems or from external events.

Legal Risk
- the possibility that lawsuits, adverse judgments or contracts that turn out to be
unenforceable can disrupt or adversely affect the operations or condition of a bank.

RA 9194
- approved on March 7, 2003
- An Act Amending Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001

ARM SMUGGLING
Smuggling
- also known as trafficking, is the clandestine transportation of goods or persons past a point
where prohibited, such as out of a building, into a prison, or across an international border, in
violation of the law or other rules

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WHAT ARE FIREARMS?
- includes handguns, revolvers, pistols, rifles, muskets, carbines, shotguns, cannons and all
other deadly weapons from which a bullet, ball, shot, shall or other missile may be
discharged by means of gunpowder or other explosives
- also includes air rifles and air pistols not classified as toys under the provisions of
Executive Order No. 712 dated 28 July 1981. The barrel of any firearm shall be
considered a complete firearm.

FIREARMS TRAFFICKING
- refers to the act of any person who, through the use of any fraudulent machinations, shall
import or bring into, or export from, the Philippines, or assist in so doing, any firearm or parts
thereof, explosive or ammunition or machine, implements, equipments or tools for the
manufacture of firearms.
- shall likewise refer to the act of any person who, contrary to law, shall:
- receive, conceal, buy, sell, or in any manner facilitate the transportation,
concealment or sale of said firearms or parts thereof, explosive or ammunition
or machine, implements, equipments or tools for the manufacture of firearms,
ammunition or explosives after importation, knowing the same to have been
imported contrary to law.

Why does this illicit activity flourish?

- It is a dangerous but profitable criminal enterprise.
- However, it threatens not only public safety and national security but also endangers, and
oftentimes, takes away the lives of innocent persons.
- It is one of the transnational organized crimes that affect not only the Philippines and other
neighboring Asian countries but also the rest of the world.
- The country lacks anti-firearms smuggling/trafficking laws.
- No region is immune to illicit trade and trafficking in small arms and light weapons
- Collaborative and cooperative measures are essential to address this transnational threat.

Why should it be addressed?

- It poses a serious threat to national security and a stumbling block to economic
development.
- Firearms can be tools of violence. Letting the control of the tools of violence get out of hand
can be a disaster for
any society.

Efforts to curtail the problem

- Improvement of the traceability of firearms;
- Passage of relevant laws and providing stiffer penalties thereto;
- Encouraging return of loose firearms through programs such as amnesty and “balik- baril”
programs; and
- More extensive law enforcement.

RELEVANT LAWS
- The Memorandum for the SILG recommending the phase-out of the use, manufacture or sale
of Paltik (home-made) Firearms; and
- The PNP Circular on the disposition of Captured, Confiscated, Surrendered and
Deposited Firearms, Ammunition and Explosives.

BASIC FIREARMS LAWS, RULES AND REGULATIONS:

Section 1, Republic Act No. 8294:

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 Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms
Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or
Ammunitions.
Penalty:Prision correccional in its maximum period and a fine of not less that Fifteen Thousand
pesos(P15,000.00) (low-powered firearm such as rim fire handgun, .380 or .32 and other firearm of
similar firepower, part of firearm, ammunition or machinery, tool or instrument used or intended to be
used in the manufacture of any firearm or ammunition: Provided that no other crime was committed)
Section 1, Republic Act No. 8294:
- Acts punishable: Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of
Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of
Firearms or Ammunitions.
- Penalty:Prision mayor in its minimum period and a fine of Thirty Thousand pesos
(30,000.00)
- (high-powered firearm which includes those with bores bigger in diameter that .38 caliber and
9 millimeter such as caliber 40, 41, 44, 45 and also lesser calibered firearms but considered
powerful such as caliber 357 and caliber .22 center fire magnum and other firearms with firing
capability of full automatic and by burst of two or three: Provided however, That no other
crime was committed by the person arrested)

INTELLECTUAL PROPERTY THEFT

Intellectual property theft is used interchangeably with intellectual property piracy which is the
unauthorized copying of goods, or works such as software, for resale by way of profit or trade; the
production and sale by way of trade of copies of goods which have been made without the authority of
the owner of the intellectual property; the facilitation of their production, and the distribution of such
goods including importation and retailing; counterfeiting or pirating of goods facilitated by use of the
Internet or satellite technologies, or piracy or theft of information or broadcasts, or unauthorized
photocopying of books for education purposes, or of unauthorized end-user piracy of software beyond
the purchaser’s license, or piracy of domain names or company names, or counterfeiting of currency;
the unauthorized manufacture and distribution of copies of such goods and works which are intended to
appear to be so similar to the original as to be passed off as genuine examples. This includes use of
famous brands on clothing not manufactured by or on behalf of the owner of the trade mark, and exact
copies of CDs containing any material or software, which are traded in a form intended to be
indistinguishable to ordinary consumers from the genuine product. Intellectual property right is “the
legal ownership by a person or business of a copyright, design, and patent, trade mark attached to a
particular product or process which protects the owner against unauthorized copying or imitation. Such
property rights are an important element of product differentiation and confer temporary monopoly
advantages to suppliers” (Pass, Lowes and Davies 1993: 265). The term intellectual property rights
include copyright and related rights, trademarks and service marks, geographic indications, industrial
designs, patents, layout-designs.

Four categories of intellectual property according to Nicole Leeper Piquero

- Patents
- Trademarks
- Trade secrets
- Copyright

Republic Act No. 8293

- approved on June 6, 1997
- This Act shall take effect on 1 January 1998.
- Intellectual Property Code of the Philippines.

RA 10088
- known as the "Anti-Camcording Act of 2010

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 - Approved on May 13, 2010

DRUG TRAFFICKING

The Drug Trade

From the farmers to the producers, the smugglers, the street dealers, and the users, the drug
trade is deeply rooted in the global economy. It is protected and overseen by powerful groups known
as drug cartels that make huge profits from this multibillion-dollar industry.

What is drug trafficking?

- another term for dug trade
- refers to the illegal process through which narcotics and other illegal drugs are
produced, transported, and sold.
- the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
- generally refers to the sale and distribution of illegal drugs

R.A. 6425 – Dangerous Drug Act of 1972 was repealed by,

R.A. 9165 – Comprehensive Dangerous Drug Act of 2002

ENVIRONMENTAL CRIME

Environmental Crime
- the deliberate evasion of environmental laws and regulations by individuals and companies in
the pursuit of “personal interest and benefit.” Where these activities involve movements
across national boundaries, or impacts upon the world as a whole, they can be termed
"international environmental crime”

The most common types of environmental crime fall under these major categories:
(1) biodiversity;
(2) natural resources-related crime;
(3) wastes;
(4) banned substances;
(5) other environmental offences like biopiracy and transport of controlled biological or
genetically modified material; Illegal dumping of oil and other wastes in oceans; violations of potential
trade restrictions under the 1998 Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade; Trade in chemicals in
contravention to the 2001 Stockholm; Convention on Persistent Organic Pollutants; and fuel
smuggling to avoid taxes or future controls on carbon emissions.

ECONOMIC CRIME

Economic Crime
- referred to as commercial crimes and known also as “white collar” crimes
- any act characterized by fraud, concealment, or a violation of trust and are not
dependent upon the application or threat of physical force or violence

PIRACY AND ARMED ROBBERY AGAINST SHIPS

Sea Piracy is described as

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(1) an act of any person who, on the high seas, shall attack or seize a vessel or, not being a member
of its complement, nor a passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belonging of its complement or passengers;
(2) any attack upon or seizure of any vessel, or the taking away of the whole or part thereof, or its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of
the value thereof, by means of violence against or intimidation of persons or force upon things
committed by any person, including a passenger or member or complement of said vessel, in
Philippine waters, and
(3) any person who knowingly and in any manner aids or protects pirates, such as giving them
information about the movements of the police or other peace officers of the government, or
acquires or receives property taken by such pirates, or any person who abets the commission of
the piracy.

The definition of piracy is contained in article 101 of the 1982 United Nations Conventions
on the Sea (UNCLOS)
“Piracy consist of any of the following acts:
a. any illegal acts of violence or detention, or any act of depredation, committed for private
ends by the crew or the passengers of a private ship or a private aircraft and directed:
a.1 on the high seas, against another ship or aircraft, or against persons or
property on board of such ship or aircraft.
a.2 against a ship, aircraft, person or property in a place outside the jurisdiction of any
State.
b. Any act of voluntary participation in the operation of a ship or an aircraft with
knowledge of facts making it a pirate ship or aicraft;
c. Any act inciting or of intentionally facilitating an act describe in sub-paragraph (a) or (b)

SMUGGLING OF CULTURAL PROPERTIES

Smuggling of Cultural Property refers to the act of any person who, through the use of any
fraudulent machinations, shall import or bring into, or export from, transfer from, the Philippines, or
assist in so doing, any cultural properties.
Cultural properties are old buildings, monuments, shrines, documents, and objects which may be
classified as antiques, relics, or artifacts, landmarks, anthropological and historical sites, and
specimens of natural history which are of cultural, historical, anthropological or scientific value and
significance to the nation; such as physical, anthropological, archaeological and ethnographic
materials, meteorites and tektites;
historical objects and manuscripts; household and agricultural implements; decorative articles or
personal adornment; works of art such as paintings, sculptures, carvings, jewelry, music, architecture,
sketches, drawings, or illustrations in part or in whole; works of industrial and commercial art such as
furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood or other heraldic items, metals,
coins, medals, badges, insignias, coat of arms, crests, flags, arms and armor, vehicles or ships or
boats in part or in whole.

CDI-5: DRUG EDUCATION and VICE CONTROL

Drugs

- Any chemically active substance rendering a specific effect on the central nervous system of man.

- A chemical substance that affects the functions of living cells and alters body or mind processes
when taken into the body or applied through the skin.

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- Is a chemical substance that brings about physical, emotional or behavioral change in a person taking
it.

- Any chemical substance, other than food, which is intended for used in the diagnosis, treatment, cure,
mitigation or prevention of disease or symptoms.

- The term drug derives from the 14th century French word drogue, which means a dry substance.

When are drugs harmful?

Any drug may be harmful when taken in:

- Excess;
- Dangerous combinations;
- By hypersensitive (allergic) person

Drug Abuse

- Is the overuse or consumption of drugs other than for medical reasons.

- Any non-medical use of drugs that cause physical, psychological, legal, economic, or social damage
to the user or to the people affected by the user’s behavior.
- Using drugs without prescription.
- Abuse of drugs and other substances can lead to physical and psychological dependence.

DRUGS COMMONLY ABUSED

1) STIMULANT
- Drug that excite the central nervous system, increasing alertness, decreasing fatigue, delaying
sleep, also impale appetite and cause weight loss.

a) Shabu – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato, Siopao

Methamphetamine hydrochloride/SHABU - a type of amphetamine also known as “poor man’s

cocaine”. Other names are Shabu, Ubas, Siopao, Sha and Ice.

- Shabu is a white, odorless crystal or crystalline powder with a bitter numbing taste.

b) Cocaine – an agent that produces a temporary increase of the functional activity or

efficiency of an Organism or any of its parts.

Street names – Coke, Snow, Flake, Bow

Cocaine - is a drug from the leaves of the Coca plant, a shrub that originated in South America.
This drug affects the central nervous system as a stimulant.

-The name comes from "coca" and the alkaloid suffix -ine, forming cocaine. It is a stimulant,
an appetite suppressant, and a topical anesthetic.

2) Opiates/Narcotic

- Group of drugs that are used medically to relieve pain, but have a high potential for abuse.

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 -In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural
products in the opium poppy plant, Papaver somniferum.

Narcotic – substance that lessens pain and/or induces stupor.

a). Opium – is the dried latex obtained from the opium poppy (Papaver somniferum). Opium
contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce
heroin. The latex also includes codeine.

Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy
seeds are derived. Opium is the source of many narcotics, including morphine (and its
derivative heroin), thebaine, codeine, papaverine and noscapine.
The Latin botanical name means the "sleep-bringing poppy", referring to the sedative properties
of some of these opiates.
b) Morphine – is a potent opiate analgesic drug that is used to relieve severe pain. It was first
isolated in 1804 by Friedrich Serturner, first distributed by him in 1817, and first commercially
sold by Merck in 1827.

- It took its name from the Greek god of dreams Morpheus.

-The most abundant alkaloid found in Opium, the dried sap (latex) derived from shallowly slicing
the unripe seedpods of the opium, or common and/or edible, poppy.

- Morphine can usually be found in tablet form, a syrup, injection or as a suppository form.

- Morphine is usually taken orally via a syrup, tablet or capsule, however, it can come in an
injectable form.

C) Heroin – is processed from morphine, a naturally occurring substance extracted from the
seed pod of certain varieties of poppy plants.

It is typically sold as a white or brownish powder or as the black sticky substance known on the
streets as "black tar heroin”.

3) Hallucinogens
- Drugs that are derived from plants chemical substances which affects the perception,
sensation, behavior and produces hallucination on the user.

Marijuana - is the term used to describe all the plant material like leaves, tops, stems, flowers
and roots from a cannabis plant (Cannabis sativa), dried and prepared for smoking or taken
orally as “brownies”.

-The mind altering component is the tetrahydrocannabinol; THC for short, which is concentrated
in the resin.

4) Depressants/Sedatives
- Drugs that have mild-calming or sleep-producing effect upon the central nervous system.
- e.g. Valium

5) Inhalants - drugs whose volatile vapors are taken in via the nose and trachea.

- includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter fluid and air freshener

5) Opiates/Narcotics
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 Opiates, sometimes called narcotics, are a group of drugs that are used medically to relieve
pain, but have a high potential for abuse. Some opiates come from a resin taken from the
seedpod of the Asian poppy. Opiates that are commonly abused are Opium, Morphine, Codeine,
and synthesized or manufactured opiates.

Opium - refers to the coagulated juice of the opium poppy (Papaver Somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or
refuse of the same.
OTHER DANGEROUS DRUGS

Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", "X- TC", "Adam",

"Eden Tablet", or by its any other name - refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form;

Sedatives - Sedative-hypnotics such as tranquilizers, sleeping pills, and sedatives are drugs,
which depress or slow down body functions. These drugs ca be dangerous when not taken
according to physician's instructions.

Ketamine - is an anesthetic that is abused for its hallucinogenic properties. Its predominant
legitimate use is as a veterinary anesthetic.

-can cause dream-like states and hallucinations. Users report sensations ranging from a
pleasant feeling of floating to being separated from their bodies. Some ketamine experiences
involve a terrifying feeling of almost complete sensory detachment that is likened to a near-
death experience.

Amphetamines
-is a psychostimulant drug of the phenethylamine class that produces
increased wakefulness and focus in association with decreased fatigue and appetite.

– Drug that is stimulant to the central nervous system. It is colorless and maybe inhaled, injected
or swallowed. It may be used medically to treat depression, and obesity.

ROUTES OF DRUG ADMINISTRATION

1) Oral Ingestion
- Taken by the mouth and must pass through the stomach before being absorbed in the
bloodstream.

2) Inhalation
- Drug in gaseous from enters the lungs and is quickly absorbed by the capillary system.

3) Injection
- Administered into the body by the use of a stringe or hypodhermic needle.

4) Snorting
- Inhalation through the nose of drugs in gaseous form.

5) Buccal
- Drugs is administered by placing it in the buccal cavity just under the lips.

DEFINITION OF TERMS
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DRUG
–Any substance that enters the human body and can change either the function or structure of the
human organism.

MEDICINES
– Drugs used in the diagnosis, cure, treatment, and prevention of disease or for the relief of pain or
discomfort.

THREAPEUTICS
-Use of drugs in treating and preventing disease and in preserving health.
DRUG ABUSE
-Deliberate or unintentional continuous of mind changing chemical substances usually for reasons
other than legitimate medical purposes, that results in any degree of physical, mental.

ABSTINENCE
- Cessation of use of a psycho-active substance previously abused, or on which the user developed drug
dependence.

DRUG DEPENDENCE
-Term relates to physical or psychological dependence or both.
- Impaired control over drug-taking behavior is implied.

DRUG ADDICT
- Person who is physically dependent on one or more psycho-active substances, or whose long term
use has produce tolerance, who has lost control over his intake, and would manifest withdrawal
symptoms if discontinuance were to occur.
DRUG ADDICTION
-A chronic disorder characterized by the compulsive use of a substance resulting in physical,
psychological, or social harm to the user and continued use despite of that harm.

OVERDOSE
- The inadvertent of deliberate consumption of much larger doses that the habitually used by the
individual in question and resulting in serious toxic reaction or death.

POLY DRUG ABUSE

- Use of two or more psycho-active substance in quantities and with frequencies that cause the
individual significant physiological, psychological, or sociological distress or impairment.

REHABILITATION
-Restoration of an optimum state of health by medical, physical, psychological, social and peer group
support for a chemically dependent person and his significant others.

TOLERANCE
-Physiological adaptation to the effects of drugs so as diminish the effects with constant dosages or to
maintain the intensity and duration of effects through increased dosage.

TREATMENT
-Application of planned procedures to identify and change patterns of behavior that are mal- adoptive,
destructive, health injuring or to restore appropriate levels of physical, psychological or social
functioning.

CLANDESTINE LABORATORY
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-Any facility used for the illegal manufacture of any dangerous drug.

CULTIVATE OR CULTURE
-Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any
plant which is source of a dangerous drug.

ADMINISTER
-Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means.
CHEMICAL DIVERSION
-Sale, distribution, supply or transport of legitimately imported, in transit, manufactured or procured
controlled precursors and essential chemicals.

DELIVER
-Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means,
with or without consideration.

DEN, DIVE, RESORT

-Place where any dangerous drug and essential chemical is administered, delivered, stored for illegal
purposes.

DRUG SYNDICATE
-Any organized group of two or more persons forming or joining together with the intention of
committing any offense prescribed in RA 9165.

PRACTITIONER
-Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.

ILLEGAL TRAFFICKING
-Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale trading,
transportation, distribution, importation, exportation and possession of any dangerous drugs.

PLANTING OF EVIDENCE
-Willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act any dangerous drugs in the person, house, effects
or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of RA 9165.

PUSHER
-Any person who sells, trades, administers, dispense, delivers or gives away to another, distributes,
dispatches in transit or transports dangerous drugs or who acts as a broker.

USE
-Any act of injecting, intravenously or intramuscularly, of consuming any dangerous drugs.

CONFINEMENT
- Refers to the residential treatment and rehabilitation of trainees, clients and patients in a center.

CONFIRMATORY TEST
- An analytical test using a device, tool or equipment with different chemical or physical principle that is
more specific which will validate and confirm the result of the screening test.

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CONTROLLED DELIVERY
-The investigative technique of allowing an unlawful consignment of any dangerous drug, essential
chemical to pass into, through out of the country under the supervision of an authorized officer, with a
view to gathering evidence to identify any person involved in any dangerous drug related offense.

DISPENSE
-Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription.
DRUG DEPENDENT
-Refers to a person suffering from drug dependence.

FINANCIER
- Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under RA 9165.

INSTRUMENT
- Anything that is used or intended to be used, in any manner, in the commission of illegal drug
trafficking or related offenses.

LABORATORY
-Refers to the facility of a private or government agency that is capable of testing a specimen to
determine the presence of dangerous drugs

PROTECTOR/CODDLER
- Any person who knowingly and willfully consents to the unlawful acts provided in RA 9165 and uses
his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any
person he/she knows or has reasonable grounds to believe on or suspects, has violated the provisions
of RA 9165 in order to prevent the arrest, prosecution and conviction of the violator.

SCREENING TEST
-A rapid test performed to establish potential/presumptive positive result.

TRADING
-Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices, or acting as a broker in any such transactions whether for
money or any other consideration.

THE PHILIPPINE ANTI DRUG EFFORTS

On February 16, 1972, Philippine Constabulary Anti Narcotics Unit was activated (CANU).

-On March 30, 1972, Republic Act 6425 otherwise known as the ‘Dangerous Drug Act of 1972” was
approved.

-This law created the Dangerous Drug Board as the policy-making and regulatory body on prevention
and control of drug abuse. RA 6425 serves as the backbone of the Philippine drug enforcement
system.

-January 3, 1973, President Ferdinand E. Marcos ordered the immediate execution of Chinese national
Lim Seng alias Gan Sou So, top heroin trafficker in the Philippines, by firing squad at the Fort Bonifacio
grounds.

- The execution was aired live in television.

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-CANU was renamed as AFP NARCOM on February 1, 1983

-AFP NARCOM functions were absorbed by PNP Narcotics Group in 1991

-PDEA was created upon enactment of RA 9165 in 2002

❑ Signed June 7, 2002
❑ Published June 19, 2002
❑ Took effect July 4, 2002
-Creation of The new Dangerous Drugs Board (DDB) as the policy and strategy formulating body.

-The Philippine Drug Enforcement Agency (PDEA) as its implementing arm.

-In July 2002, PDDG Anselmo Avenido (Ret.) appointed as first Director General of PDEA.

-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed as PDEA Director General vice Anselmo
Avenido.

-In January 2011, PCSUPT Jose Gutierrez (Ret) was appointed as PDEA Director General vice Gen.
Dionisio R. Santiago (Ret).

With the creation of PDEA….

-the secretariat of the National Drug Law Enforcement and Prevention Coordinating Center or DEP
Center has been absorbed by the new agency

…Narcotics Group of the PNP; Narcotics

Division of the NBI; and
Narcotics Interdiction Unit of the Bureau of Customs have been abolished
EXECUTIVE ORDER NO. 218
“Strengthening the support mechanism for the Philippine Drug Enforcement Agency”

-issued on June 18, 2003 by President Gloria Macapagal Arroyo.

-Creation of Task Forces: The Office of the President, the PNP, and other agencies which were
performing drug law enforcement and prevention function prior to the enactment of RA 9165 shall
organize anti-drug forces to support the PDEA.

-The PDEA shall exercise operational supervision and provide technical support to the main task force
created by the PNP.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 A law enforcement agency

 Lead agency on the government’s anti-drug campaign
 Responsible for efficient and effective law enforcement of all provisions on any dangerous
drug and/or controlled precursor and essential chemicals

-Serves as the implementing arm of the Dangerous Drug Board (DDB).

-Responsible for the efficient and effective law enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential chemical as provided in RA 9165.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

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-Headed by Director General with the rank of Undersecretary, appointed by the President.

-The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant Secretary,
1 for Operations and 1 for Administration, also appointed by the President.

POWER AND DUTIES OF PDEA

-To cause the efficient and effective implementation of the national drug control strategy formulated
by the Dangerous Drugs Board;
- Undertake the enforcement of the provisions of Article II of RA 9165 relative to the unlawful acts and
penalties involving any dangerous drugs and/or controlled precursor and essential chemicals;

-Administer oath and issue subpoena and subpoena duces tecum relative to the conduct of
investigation involving the violations of RA 9165;

-Arrest and apprehend as well as search all violators and seize or confiscate the effects or proceeds of
the crimes as provided by law;
-Take charge and have custody of all dangerous drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement
agency;

-Establish a forensic laboratory in each PNP office in every province and city in order to facilitate action
on seized or confiscated drugs, thereby hastening their destruction without delay;

- Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations
found to be violating the provisions of RA 9165 and in accordance with the pertinent provisions of the
Anti-Money Laundering Act of 2001;

- Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all
laws n dangerous drugs, controlled precursors and essential chemicals, and other similar controlled
substances;

-Monitor, and if warranted by circumstances, in coordination with the Philippine Postal Office and the
Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office;

-Conduct eradication programs to destroy wild or illegally grown plants from which dangerous drugs
may be extracted;

-Initiate and undertake the formation of a nationwide organization which shall coordinate and
supervise all activities against drug abuse in every province, city, municipality and barangay;

-Establish and maintain a national drug intelligence system in cooperation with law enforcement
agencies, other government agencies/offices and local government units that will assist in the
apprehension of big-time drug lords;

- Establish and maintain close coordination, operation and linkages with international drug control and
administration agencies and organizations;

-Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and
transmit evidence to the proper court;

- Require all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it;
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- Coordinate with the DDB for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of RA 9165;

- Initiate and undertake a national campaign for drug prevention and control programs, where it may
enlist the assistance of any department, bureau, office, agency or instrumentality of the government,
including government-owned and/or controlled corporations; and
-Submit annual and periodic reports to the DDB from time to time and perform such other functions as
may be authorized of required under existing laws and as directed by the President.

DANGEROUS DRUG BOARD (DDB)

-Created by virtue of Republic Act 6425 otherwise known as Dangerous Drug Act of 1972
subsequently repealed by RA 9165.

-the policy-making & strategy-formulating body in the planning & formulation of policies & programs on
drug prevention & control.

-It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse
prevention and control strategy.

DANGEROUS DRUG BOARD (DDB)

-DDB composed of 17 members wherein 3 of which are permanent members, the other 12 members
are ex- officio capacity and 2 regular members.

THREE (3) PERMANENT MEMBERS

- At least 7 years of training and experience in the field of the ff: fields in law, medicine, criminology,
psychology or social work.

- Appointed by the president.

-One designated as the Chairman with the rank of Secretary (with the term of 6 years) and the two
other regular members as undersecretary (one with 4 years term and the other 2 years but succeeding
appointment will serve six years and until their successors shall have been duly appointed and
qualified.

TWELVE (12) EX- OFFICIO MEMBERS

- Secretary or representative of the following Department:

- DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,
- Chairman CHED, NYC
- Director General - PDEA

TWO (2) REGULAR MEMBERS

- President of Integrated Bar of the Philippines (IBP).

- Chairman or President of a non- government organization involved in dangerous drug campaign to be
appointed by the President.

The Director of NBI and Chief, PNP are the permanent consultant of the DDB.

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DRUG MULES or “DRUG COURIERS”

-Are individuals who transport dangerous drugs in exchange for a huge amount of money, depending
on the amount of drugs to be delivered and the route/distance to be traveled.

-Women are usually targeted by syndicates since they generally generate mild suspicion from
authorities and the female body has more cavities possible to insert the drugs in, therefore posing less
detection risk.
Methods of Concealment

1. Hidden in luggage/suitcases;
2. Ingestion/Swallowing;
3. Placed in shoes;
4. Placed in bottom part of luggage;
5. Placed inside handbag;
6. Others- Undergoing minor operation, placing in shoeboxes/ books/bottles/parcels, etc.

Factors contributing to the drug courier problem

1. Filipinos are usually enticed by the offer because of the syndicates’ promise of love/marriage, as
have been recorded in several arrests involving Filipina drug couriers. Others are lured by the
opportunity to travel and the promise of a comfortable life while others want a high-paying job and
easy money.

2. The drug courier problem can also be attributed to the (1) The prevalence of poverty, (2) Poor
educational background, (3) Easy money, (4) Unemployment and 95) the idea of traveling

The Task Force Drug Couriers

The Task Force Drug Couriers (TFDC) was created on February 08, 2010 by virtue of Administrative
Order No. 279. It is an inter-agency team tasked in the deterrence, prevention and protection of
Filipinos from being victimized as drug couriers by international drug trafficking syndicates.

The Task Force is composed of 13 agencies, chaired by the Philippine Drug Enforcement Agency and
co-chaired by the Department of Foreign Affairs with the following agencies as members
1. Bureau of Customs
2. Bureau of Immigration
3. Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police – Aviation Security Group
10.Tourism Infrastructure and Enterprise Zone Authority (formerly Philippine Tourism Authority)
11. Office of the President thru the Office of the Executive Secretary

MODUS OPERANDI (MO)

Couriers are usually recruited by casual acquaintances they meet in key cities here or abroad, mostly
fellow Filipinos connected to drug syndicates like the African Drug Syndicate (ADS), offering plane
tickets, hotel accommodation and huge amounts of money.

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In some instances, members of syndicates befriend/marry potential recruit then later turn him/her into
a courier or cohort. On the other hand, unwitting victims were duped by acquaintances into carrying
packages in exchange for money, not knowing that drugs were placed inside.
Couriers may also be recruited through the internet and social networking sites like Facebook,
MySpace, Tagged, etc. Syndicates also engage in travel & tours businesses/agencies to arrange airline
and hotel bookings of the couriers and use fraudulent documents/fake credit cards.

The ADS is believed to be behind the alarming increase of Filipino drug couriers arrested abroad. They
deliver drugs to their connections in different points around the world by employing drug couriers to
prevent the risk of getting caught themselves. They also use Filipinos as cohorts to recruit fellow
OFWs.

The ADS is an international syndicate involved in drug trafficking and cyber crimes.

They use stolen and/or falsified documents to go about with their transaction (i.e. purchase of plane
tickets, hotel bookings) and usually communicate with their cohorts thru phone or the internet.

Members are proficient in English and well-versed, very persistent and are generally friendly which
makes them recruit potential victims easily.

National Anti-Drug Strategy & 4 Pillars of Anti-Drug Campaign THE FOUR

PILLARS OF ANTI-DRUG CAMPAIGN

1. Drug Supply Reduction Drive

✓ Reduce the supply of drugs
✓ Drive the prices high and create acute shortage of drugs
✓ Neutralize sources of drugs

2. Drug Demand Reduction Drive

✓ Reduce the demand side of the drug chain
✓ Concentrates on anti-drug advocacy efforts – public information and treatment and
rehabilitation
✓ Targets non-users, casual drug users and addicts/recovering persons

3. Alternative Development/Reform Programs

✓ Development/livelihood program
✓ Education program
✓ Family solidarity/development program
✓ Good governance program
✓ Legal reforms

4. International Cooperation
✓ Neutralize transnational drug syndicates
✓ Minimize drug trafficking to and from the country
✓ Exchange of information and technologies
✓ Multilateral, regional, sub-regional and bilateral assistance and cooperation

REPUBLIC ACT 9165

Some Pertinent Provisions of Comprehensive Dangerous Drug Act of 2002 UNLAWFUL

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 ACTS AND PENALTIES UNDER RA 9165

Section 4. Importation of Dangerous Drugs

Penalty:
Life Imprisonment and fine of Five Hundred Thousand pesos (P500,000.00) to Ten Million Pesos
(P10,000,000.00).

Importation of any Controlled precursor and essential chemicals

Penalty:

Imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One Hundred Thousand pesos (P100,000.00) to Five Hundred Thousand Pesos (P500,000.00)

Sec 4"protector/coddler" of any violator of the provisions under this Section. penalty

-twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation

of Dangerous Drugs
Penalty

-life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

Section 6. Maintenance of a Den, Dive or Resort involving dangerous drugs

penalty

–life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or
resort where any controlled precursor and essential chemical is used or sold in any form.

Section 7 Employees and Visitors of a Den, Dive or Resort

12 years and 1 day to 20 years (100,000.00 to 500,000.00).

- (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

- (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of
the nature of the place as such and shall knowingly visit the same.

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

- Penalty for Manufacture of Dangerous drugs- life imprisonment and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

- Penalty for manufacture any controlled precursor and essential chemical - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
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 ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00)

Note:
- The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug.

Sec 11. Possession of Dangerous Drugs

- Possession of Dangerous Drugs regardless of purity- penalty provided life imprisonment and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
- 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
oil, and other dangerous drugs,
- 50 grams or more of shabu
- 500 grams or more of marijuana

Penalty-Life imprisonment and fine ranging from Php 400,000.00 to Php 500,000.00
- If the quantity of shabu is ten (10) grams but not more than 50 grams
Penalty- Imprisonment of 20 years and 1 day to life imprisonment and fine ranging from Php 400,000.00
to Php 500,000.00
- If 5 grams or more but less than 10 grams of any Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams

Penalty- imprisonment of 12 years and 1 day to 20 years and a fine ranging from Php 300,000.00 to Php
400,000.00

-If the quantity of dangerous drugs are less than 5 grams.

- If the quantity of Marijuana is less than 300 grams.

Sec 15. Use of Dangerous Drugs

Penalty

-A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum of six (6) months but not exceeds one year
rehabilitation in a government center for the first offense.

- If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also found to have in his/her possession
such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.

Sec 16. Cultivation of plants classified as source of dangerous drugs Penalty

- Life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

Penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from P100,000.00 to
P500,000.00 shall be imposed upon any person, who acts as a “protector/coddler of any violator of the
provisions of Sec. 16…..

Section 18. Unnecessary Prescription of Dangerous Drugs. –

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a

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fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00)

and the additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care of persons with severe
pain.

Section 19. Unlawful Prescription of Dangerous Drugs.

– The penalty of life imprisonment and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription
for any dangerous drug.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following
manner:

The apprehending team having initial custody and control of the drugs shall, immediately after seizure
and confiscation, physically inventory and photograph the same in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy thereof;

-Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination;

- A certification of the forensic laboratory examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the
subject item/s.
- That a final certification shall be issued on the completed forensic laboratory examination on the
same within the next twenty-four (24) hours

After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered dangerous drugs, and controlled precursors
and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall:

within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ, civil society groups
and any elected public official
Section 23. Plea-Bargaining Provision.
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– Any person charged under any provision of this Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining .

Section 28 – Criminal Liability of Government Officials and Employees.

- The maximum penalties of the unlawful acts provided in the Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts
are government officials and employees.

Section 29. Criminal Liability for Planting of Evidence

– Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity, shall suffer the maximum penalty.

Program for Treatment and Rehabilitation of Drug Dependents

- A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or
through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity,
apply to the Board or for treatment and rehabilitation of the drug dependency. The Board shall bring forth
the matter to the Court which shall order that the applicant be examined for drug dependency.

If the examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6) months.

Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
Submission Program.

-Upon certification of the Center that the drug dependent within the voluntary submission program may
be temporarily released, the Court shall order his/her release on condition that said drug dependent shall
report to the DOH for after-care and follow-up treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms and conditions that the Court may impose.

Dangerous Drug Test Requirements

The following shall undergo mandatory drug testing:
1. applicants for drivers license
2. applicants for Firearms license & PTCFOR
3. members of the PNP, AFP, & other LEA
4. All persons charged with criminal offense with penalty of not less than 6 years.
5. All candidates for public office national/ local

The following shall undergo random drug testing:

1. students of secondary and tertiary schools;

2. officers and employees of public & private offices.

SUPREME COURT DECISIONS

………………The Philippines Supreme Court upheld mandatory, random, suspicionless drug testing of
workers and high school and college students, but struck down as unconstitutional provisions of the
Comprehensive Dangerous Drugs Act of 2002 that required drug tests for candidates for political office
or those charged with criminal offenses.
…………………the court noted that the law says the random drug testing of employees "shall be
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undertaken under conditions calculated to protect as much as possible the employee's privacy and
dignity," and that employers are not required to report positive test results to prosecutors. It also found
that "the intrusion into the employee's privacy... is accompanied by proper safeguards, particularly
against embarrassing leakages of test results, and is relatively minimal."

……………….In the case of students, the high court found that drug testing was not only constitutional, but
perhaps even necessary. It noted the presence of drugs in the country "that threatens the well-being of
the people, particularly the youth and school children who usually end up as victims.

………………….Candidates for political office, however, may not be subjected to drug tests as condition of
candidacy, the court held. The drug law's provisions requiring testing of candidates unconstitutionally
added to the constitution's provisions defining the qualification or eligibility of candidates

……….The court was equally kind to people charged with criminal offenses, holding that they cannot be
drug tested because they might incriminate themselves and because drug testing in their cases would
not be random or suspicionless. "To impose mandatory drug testing on the accused is a blatant
attempt to harness a medical test as a tool for criminal prosecution, contrary to the objectives of RA
9165 [the drug testing law]. Drug testing in this case would violate a person's right to privacy
guaranteed under Section 2, Article III of the Constitution. Worse still, the accused persons are veritably
forced to incriminate themselves

Responsibility and liability of law enforcement agencies in testifying as Prosecution Witness in

Dangerous Drug Cases
- Penalty- 12 years and 1 day to 20 years and a fine of not less than Php 500,000.00 in addition to the
administrative liability.
- For any members of law enforcement agency who, after due notice, fails or refuses intentionally or
negligently to appear as a witness for prosecution.

Section 92. Delay and Bungling in the Prosecution of Drug Cases

– Any government officer or employee tasked with the prosecution of drug-related cases under this
act, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to
his/her prosecution under the pertinent provisions of the Revised Penal Code.

Non-applicability of the Probation Law for Drug Traffickers and Pushers. – cannot avail of the privilege
granted by Probation Law (PD 968, as amended).

NAPOLCOM MEMORANDUM CIRCULAR NO. 200003

Adopting Salient Provisions of PDEA Memorandum on the preparation of pre-operation report and
PNP-AIDSOTF Memorandum Circular in the conduct of Anti-Illegal Drugs Operations.

Pre-Operations

-Operating Unit to submit to PDEA, the pre-operations report, indicating details such identity, area of
operation, composition, tactics and equipment of the operating unit and duration of the operation. Also
includes the information on the suspect/s.
-Certification of Coordination – prepared by PDEA given to the operating unit which submitted a pre-
operations report.

Exemption of submission of Pre Operations Report:

1. In remote places where coordination is not possible;
2. When coordination will compromise the lives of police operatives, informant and witnesses, involved
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in anti-drug operations;
3. When coordination will prejudice the apprehension of drug suspects and confiscation of dangerous
drugs;
4. When prior coordination will compromise the entire police operation.
(In above instances, post coordination shall be made in lieu of prior coordination).

Signatories to the Pre-Operation Report

- signed by the Team Leader.

Conduct of Operation
- Team shall be led by a police commissioned officers except in far flung areas where there are no
assigned PCOs.
- To have at least 1 female member operative who shall be responsible for arresting and frisking
female suspects and for taking custody of children found in the place of operation.

VICES
Vice – is any immoral conduct or habit, the indulgence of which leads to depravity, wickedness and
corruption of the minds and the body.

Different Forms of Vices:

1) Drug addiction
2) Alcoholism
3) Prostitution
4) Gambling

ALCOHOLIC
-A person who has experienced physical, psychological, social or occupational impairment as
consequence of habitual, excessive consumption of alcohol.

ALCOHOL ABUSE
-Use of ethyl alcohol or liquor in a quantity and with a frequency that causes the individual significant
physiological, psychological, or sociological distress or impairment.

ALCOHOLIC DEPENDENCE
-A chronic lost of control over the consumption of alcoholic beverages despite obvious psychological
or physical harm to the person. Increasing amount are required overtime and abrupt discontinuance
may precipitate a withdrawal symptoms.

ALCOHOLIC LIQUOR
-Any beverages or compound, whether distilled, fermented, or otherwise, which will produce
intoxication or which contains in excess of one percent of alcohol and used as a beverage.

DRUNKARD
- A person who habitually takes or use any intoxicating alcohol liquor and while under the influence of
such, or in consequence of the effect thereof, is either dangerous to himself or to others.
ALCOHOLISM – which is also known as “Alcohol Dependence Syndrome” is a disease
characterized by the following:
a) Craving – strong need or compulsion to drink
b) Loss of Control – frequent inability to stop drinking once a person has begun to drink.
c) Physical Dependence – The occurrence of withdrawal symptoms, such as shakiness and anxiety
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when alcohol use is stopped.

SOME PROBLEMS ARISING FROM ALCOHOLISM

a) Loss of employment which can lead to financial problems;
b) Marital Conflict and contribute to domestic violence;
c) Drinking at inappropriate times and behavior can lead to legal consequences, such as public
disorder (Alarm and Scandal).

DRUNKNESS AS A CRIME
-In the Philippines, drunkenness in itself is not a crime because a person may drink to excess in the
privacy of his home or in the party and commit no crime at all.

-It is only when a drunken person exhibits his condition publicly, or disturbs, endangers, or injured others,
that he became an offender and therefore, subject to arrest and punishment.

-Before and during elections, it is unlawful to sell or drink intoxicating liquor, as provided in the election
law.
-Under RA 4136, as amended, driving under the influence of liquor is prohibited.

Under Article 15 of the Revised Penal Code, intoxication is considered as an Alternative Circumstances.

- It is considered a mitigating circumstance when the offender has committed a felony in a state of
intoxication, if the same is not habitual.

- It is considered an aggravating circumstance, when the intoxication is habitual or intentional.

PROSTITUTION
-act or practice of providing sexual services to another person in return for payment.

-is the exchange of money for the performance of sexual act.

PROSTITUTE
-Customarily used, to refer to a female person who engages in sex in exchange for money as profession.

PHILANDERING
-Is having casual/illicit sex with a number of people.

-It usually refers to men, and often in the context of cheating on a wife or girlfriend.

TO PHILANDER
-Is to carry on romantic and/or sexual affairs outside a committed relationship

PHILANDER
-Is a serial cheater who betrays his spouse or long term partner repeatedly;

-The term usually refers to men (obviously, women have also been known to carry on affairs).
VAGRANTS AND PROSTITUTES (under RPC)

-Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling.

-Any person found loitering about public or semi-public building or places, or tramping or wandering
about the country or to the streets without visible means of support.

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-Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and those who
habitually associate with prostitutes.

PROSTITUTES –
women, who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Republic Act No. 10158

Signed last March 27, 2012, amended Article 202 of the Revised Penal Code removing vagrancy from
the country's list of crimes amid concerns it only targets the poor and the disadvantaged.

Although the poor or homeless people can no longer be hauled to jail for vagrancy, the new law
continued to penalize women engaged in prostitution.

RA 10158, defined prostitutes as "women who for money or profit, habitually indulge in sexual
intercourse or lascivious conduct."

A person found guilty of prostitution is punished by imprisoned from one to 30 days or a fine not
exceeding P200.

In case of recidivism, they are punished by arresto mayor in its medium period to prison correccional in
its minimum period or a fine ranging from P200 to P2,000, or both, depending on the court.

With the enactment of the law, all pending vagrancy cases meantime shall be dismissed and all
persons serving sentence for violating the vagrancy law shall immediately be released.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

RA 7610, as amended, (Special Protection of children against child abuse, exploitation and
discrimination Act)

- Penalize those who engage in or promote, facilitate or induce child prostitution, who commit the act
of sexual intercourse or lascivious conduct with a child exploited in prostitution and who derived profit
on advantage therefrom, whether as a manager or owner of the establishment.

-penalty of reclusion temporal in its medium period to reclusion perpetua

GAMBLING

GAMBLING
-Wagering of money or something of material value on an event with an uncertain outcome with the
primary intent of winning additional money and/or material goods.
ILLEGAL NUMBERS GAME
-Any form of illegal gambling activity which uses numbers or combination as factors in giving out
jackpots.

JUETENG
-Illegal numbers game that involves the combination of numbers as a form of local lottery where bets
are placed and accepted per combination .

MASIAO
-Illegal numbers game where the winning combination is derived from the results of the last game of Jai

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Alai or the Special Llave portion

LAST TWO
-Illegal numbers game where the winning combination is derived from the last two numbers of the first
prize of the winning Sweepstakes ticket.

BETTOR (Mananaya)
-Any person, who places bets for himself/herself or in behalf of another person, other than the
personnel or staff of any illegal numbers game operation.

COLLECTOR or AGENT (Cabo, Cobrador)

-Any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers
game who is usually in possession of gambling paraphernalia

MAINTAINER, MANAGER OR OPERATOR

-Any person who maintains, manages, or operates any illegal number game in a specific area.

FINANCIERS OR CAPITALIST
-Any person who finances the operations of any illegal numbers game.
PROTECTOR OR CODDLER

-Any person who lends or provides protection, or receives benefits in any manner in the operation of
any illegal numbers game.

RELATED LAWS ON GAMBLING

- Article 195 of RPC. Acts punishable in gambling – any person directly or indirectly take part in any
game of Monte, jueteng, other form of lottery, policy, banking or percentage game, dog races or any
other game the result of which depends wholly upon a chance wherein wagers consisting of money,
articles of value, or representative of value are made.

Article 195 of RPC. (Penalty)

-The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the
penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos,

- The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer,
conductor, or banker in a game of jueteng or any similar game.

Article 196 (RPC). Penalizing any person who shall import into the Philippine Islands from any foreign
place or port any lottery ticket or advertisement, or in connivance with the importer, shall sell or
distribute the same.

-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court
Article 197 (RPC). Betting in sports Contest – Penalizing any person who shall bet money or any object
or article of value or representative of value upon the result of any boxing or other sports contest.

-The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 198 (RPC). Illegal betting on horse races

– Penalizing any person who, except during the periods allowed by law, shall bet on horse races.

- The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

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Article 199 (RPC). Illegal cockfighting –
Penalizing any person who directly or indirectly participates in cockfights, at a place other than a
licensed cockpit.

- The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court

RA 3063 – Approved June 17, 1961

authorizing licensed race tracks and racing clubs and their authorized agent to offer, take or arrange
bets outside the place, enclosure of track where the races held.
Penalty - fine of not less than one thousand pesos not more than two thousand pesos or by
imprisonment for not less than one month or more than six months, or both, in the discretion of the
court. If the offender is a partnership, corporation or association, the criminal liability shall devolve
upon its president, director, or any other official responsible for the violation.

PD 449 – Cockfighting Law of 1974 – Approved May 9, 1974.

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in Sports Contents.
Approved on June 13, 1974.

PD 1602 – Approved June 11, 1978. prescribing stiffer

penalties on illegal gambling.

RA 9287 – Approved 2, 2004

An Act increasing the penalties for illegal numbers games, amending certain provisions of P.D. 1602,
and for other purposes.

CDI-5: DRUG EDUCATION and VICE CONTROL

Drugs

- Any chemically active substance rendering a specific effect on the central nervous system of man.

- A chemical substance that affects the functions of living cells and alters body or mind processes
when taken into the body or applied through the skin.

- Is a chemical substance that brings about physical, emotional or behavioral change in a person taking
it.

- Any chemical substance, other than food, which is intended for used in the diagnosis, treatment, cure,
mitigation or prevention of disease or symptoms.
- The term drug derives from the 14th century French word drogue, which means a dry substance.

When are drugs harmful?

Any drug may be harmful when taken in:

- Excess;
- Dangerous combinations;
- By hypersensitive (allergic) person

Drug Abuse

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- Is the overuse or consumption of drugs other than for medical reasons.
- Any non-medical use of drugs that cause physical, psychological, legal, economic, or social damage
to the user or to the people affected by the user’s behavior.
- Using drugs without prescription.
- Abuse of drugs and other substances can lead to physical and psychological dependence.

DRUGS COMMONLY ABUSED

1) STIMULANT
- Drug that excite the central nervous system, increasing alertness, decreasing fatigue, delaying
sleep, also impale appetite and cause weight loss.

a) Shabu – street names, poor man’s cocaine, S, ice, Shabs, Ubas, bato, Siopao

Methamphetamine hydrochloride/SHABU - a type of amphetamine also known as “poor man’s

cocaine”. Other names are Shabu, Ubas, Siopao, Sha and Ice.

- Shabu is a white, odorless crystal or crystalline powder with a bitter numbing taste.

b) Cocaine – an agent that produces a temporary increase of the functional activity or

efficiency of an Organism or any of its parts.

Street names – Coke, Snow, Flake, Bow

Cocaine - is a drug from the leaves of the Coca plant, a shrub that originated in South America.
This drug affects the central nervous system as a stimulant.

-The name comes from "coca" and the alkaloid suffix -ine, forming cocaine. It is a
stimulant, an appetite suppressant, and a topical anesthetic.

2) Opiates/Narcotic

- Group of drugs that are used medically to relieve pain, but have a high potential for abuse.

-In medicine, the term opiate describes any of the narcotic opioid alkaloids found as natural
products in the opium poppy plant, Papaver somniferum.

Narcotic – substance that lessens pain and/or induces stupor.

a). Opium – is the dried latex obtained from the opium poppy (Papaver somniferum). Opium
contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce
heroin. The latex also includes codeine.

Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy
seeds are derived. Opium is the source of many narcotics, including morphine (and its
derivative heroin), thebaine, codeine, papaverine and noscapine.
The Latin botanical name means the "sleep-bringing poppy", referring to the sedative properties
of some of these opiates.

b) Morphine – is a potent opiate analgesic drug that is used to relieve severe pain. It was first
isolated in 1804 by Friedrich Serturner, first distributed by him in 1817, and first commercially

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 sold by Merck in 1827.

- It took its name from the Greek god of dreams Morpheus.

-The most abundant alkaloid found in Opium, the dried sap (latex) derived from shallowly slicing
the unripe seedpods of the opium, or common and/or edible, poppy.

- Morphine can usually be found in tablet form, a syrup, injection or as a suppository form.

- Morphine is usually taken orally via a syrup, tablet or capsule, however, it can come in an
injectable form.

C) Heroin – is processed from morphine, a naturally occurring substance extracted from the
seed pod of certain varieties of poppy plants.

It is typically sold as a white or brownish powder or as the black sticky substance known on the
streets as "black tar heroin”.

3) Hallucinogens
- Drugs that are derived from plants chemical substances which affects the perception,
sensation, behavior and produces hallucination on the user.

Marijuana - is the term used to describe all the plant material like leaves, tops, stems, flowers
and roots from a cannabis plant (Cannabis sativa), dried and prepared for smoking or taken
orally as “brownies”.

-The mind altering component is the tetrahydrocannabinol; THC for short, which is concentrated
in the resin.

4) Depressants/Sedatives
- Drugs that have mild-calming or sleep-producing effect upon the central nervous system.
- e.g. Valium

5) Inhalants - drugs whose volatile vapors are taken in via the nose and trachea.
- includes solvents, bases and aerosol, rugby, gasoline, hair spray, lighter fluid and air freshener

5) Opiates/Narcotics

Opiates, sometimes called narcotics, are a group of drugs that are used medically to relieve pain,
but have a high potential for abuse. Some opiates come from a resin taken
from the seedpod of the Asian poppy. Opiates that are commonly abused are Opium, Morphine,
Codeine, and synthesized or manufactured opiates.

Opium - refers to the coagulated juice of the opium poppy (Papaver Somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or
refuse of the same.

OTHER DANGEROUS DRUGS

Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", "X- TC", "Adam",

"Eden Tablet", or by its any other name - refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form;

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 Sedatives - Sedative-hypnotics such as tranquilizers, sleeping pills, and sedatives are drugs,
which depress or slow down body functions. These drugs ca be dangerous when not taken
according to physician's instructions.

Ketamine - is an anesthetic that is abused for its hallucinogenic properties. Its predominant
legitimate use is as a veterinary anesthetic.

-can cause dream-like states and hallucinations. Users report sensations ranging from a
pleasant feeling of floating to being separated from their bodies. Some ketamine experiences
involve a terrifying feeling of almost complete sensory detachment that is likened to a near-
death experience.

Amphetamines
-is a psychostimulant drug of the phenethylamine class that produces
increased wakefulness and focus in association with decreased fatigue and appetite.

– Drug that is stimulant to the central nervous system. It is colorless and maybe inhaled, injected
or swallowed. It may be used medically to treat depression, and obesity.

ROUTES OF DRUG ADMINISTRATION

1) Oral Ingestion
- Taken by the mouth and must pass through the stomach before being absorbed in the
bloodstream.

2) Inhalation
- Drug in gaseous from enters the lungs and is quickly absorbed by the capillary system.

3) Injection
- Administered into the body by the use of a stringe or hypodhermic needle.

4) Snorting
- Inhalation through the nose of drugs in gaseous form.

5) Buccal
- Drugs is administered by placing it in the buccal cavity just under the lips.
DEFINITION OF TERMS

DRUG
–Any substance that enters the human body and can change either the function or structure of the
human organism.

MEDICINES
– Drugs used in the diagnosis, cure, treatment, and prevention of disease or for the relief of pain or
discomfort.

THREAPEUTICS
-Use of drugs in treating and preventing disease and in preserving health.

DRUG ABUSE
-Deliberate or unintentional continuous of mind changing chemical substances usually for reasons
other than legitimate medical purposes, that results in any degree of physical, mental.

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ABSTINENCE
- Cessation of use of a psycho-active substance previously abused, or on which the user developed drug
dependence.

DRUG DEPENDENCE
-Term relates to physical or psychological dependence or both.
- Impaired control over drug-taking behavior is implied.

DRUG ADDICT
- Person who is physically dependent on one or more psycho-active substances, or whose long term
use has produce tolerance, who has lost control over his intake, and would manifest withdrawal
symptoms if discontinuance were to occur.
DRUG ADDICTION
-A chronic disorder characterized by the compulsive use of a substance resulting in physical,
psychological, or social harm to the user and continued use despite of that harm.

OVERDOSE
- The inadvertent of deliberate consumption of much larger doses that the habitually used by the
individual in question and resulting in serious toxic reaction or death.

POLY DRUG ABUSE

- Use of two or more psycho-active substance in quantities and with frequencies that cause the
individual significant physiological, psychological, or sociological distress or impairment.

REHABILITATION
-Restoration of an optimum state of health by medical, physical, psychological, social and peer group
support for a chemically dependent person and his significant others.

TOLERANCE
-Physiological adaptation to the effects of drugs so as diminish the effects with constant dosages or to
maintain the intensity and duration of effects through increased dosage.

TREATMENT
-Application of planned procedures to identify and change patterns of behavior that are mal- adoptive,
destructive, health injuring or to restore appropriate levels of physical, psychological or social
functioning.
CLANDESTINE LABORATORY
-Any facility used for the illegal manufacture of any dangerous drug.

CULTIVATE OR CULTURE
-Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any
plant which is source of a dangerous drug.

ADMINISTER
-Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means.

CHEMICAL DIVERSION
-Sale, distribution, supply or transport of legitimately imported, in transit, manufactured or procured
controlled precursors and essential chemicals.

DELIVER

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-Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means,
with or without consideration.

DEN, DIVE, RESORT

-Place where any dangerous drug and essential chemical is administered, delivered, stored for illegal
purposes.

DRUG SYNDICATE
-Any organized group of two or more persons forming or joining together with the intention of
committing any offense prescribed in RA 9165.

PRACTITIONER
-Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.

ILLEGAL TRAFFICKING
-Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale trading,
transportation, distribution, importation, exportation and possession of any dangerous drugs.

PLANTING OF EVIDENCE
-Willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act any dangerous drugs in the person, house, effects
or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of RA 9165.

PUSHER
-Any person who sells, trades, administers, dispense, delivers or gives away to another, distributes,
dispatches in transit or transports dangerous drugs or who acts as a broker.

USE
-Any act of injecting, intravenously or intramuscularly, of consuming any dangerous drugs.

CONFINEMENT
- Refers to the residential treatment and rehabilitation of trainees, clients and patients in a center.

CONFIRMATORY TEST
- An analytical test using a device, tool or equipment with different chemical or physical principle that is
more specific which will validate and confirm the result of the screening test.
CONTROLLED DELIVERY
-The investigative technique of allowing an unlawful consignment of any dangerous drug, essential
chemical to pass into, through out of the country under the supervision of an authorized officer, with a
view to gathering evidence to identify any person involved in any dangerous drug related offense.

DISPENSE
-Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription.

DRUG DEPENDENT
-Refers to a person suffering from drug dependence.

FINANCIER
- Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under RA 9165.
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INSTRUMENT
- Anything that is used or intended to be used, in any manner, in the commission of illegal drug
trafficking or related offenses.

LABORATORY
-Refers to the facility of a private or government agency that is capable of testing a specimen to
determine the presence of dangerous drugs

PROTECTOR/CODDLER
- Any person who knowingly and willfully consents to the unlawful acts provided in RA 9165 and uses
his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any
person he/she knows or has reasonable grounds to believe on or suspects, has violated the provisions
of RA 9165 in order to prevent the arrest, prosecution and conviction of the violator.

SCREENING TEST
-A rapid test performed to establish potential/presumptive positive result.

TRADING
-Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices, or acting as a broker in any such transactions whether for
money or any other consideration.

THE PHILIPPINE ANTI DRUG EFFORTS

On February 16, 1972, Philippine Constabulary Anti Narcotics Unit was activated (CANU).

-On March 30, 1972, Republic Act 6425 otherwise known as the ‘Dangerous Drug Act of 1972” was
approved.

-This law created the Dangerous Drug Board as the policy-making and regulatory body on prevention
and control of drug abuse. RA 6425 serves as the backbone of the Philippine drug enforcement
system.

-January 3, 1973, President Ferdinand E. Marcos ordered the immediate execution of Chinese national
Lim Seng alias Gan Sou So, top heroin trafficker in the Philippines, by firing squad at the Fort Bonifacio
grounds.
- The execution was aired live in television.

-CANU was renamed as AFP NARCOM on February 1, 1983

-AFP NARCOM functions were absorbed by PNP Narcotics Group in 1991

-PDEA was created upon enactment of RA 9165 in 2002

❑ Signed June 7, 2002
❑ Published June 19, 2002
❑ Took effect July 4, 2002

-Creation of The new Dangerous Drugs Board (DDB) as the policy and strategy formulating body.

-The Philippine Drug Enforcement Agency (PDEA) as its implementing arm.

-In July 2002, PDDG Anselmo Avenido (Ret.) appointed as first Director General of PDEA.
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-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) appointed as PDEA Director General vice Anselmo
Avenido.

-In January 2011, PCSUPT Jose Gutierrez (Ret) was appointed as PDEA Director General vice Gen.
Dionisio R. Santiago (Ret).

With the creation of PDEA….

-the secretariat of the National Drug Law Enforcement and Prevention Coordinating Center or DEP
Center has been absorbed by the new agency

…Narcotics Group of the PNP; Narcotics

Division of the NBI; and
Narcotics Interdiction Unit of the Bureau of Customs have been abolished

EXECUTIVE ORDER NO. 218

“Strengthening the support mechanism for the Philippine Drug Enforcement Agency”

-issued on June 18, 2003 by President Gloria Macapagal Arroyo.

-Creation of Task Forces: The Office of the President, the PNP, and other agencies which were
performing drug law enforcement and prevention function prior to the enactment of RA 9165 shall
organize anti-drug forces to support the PDEA.

-The PDEA shall exercise operational supervision and provide technical support to the main task force
created by the PNP.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 A law enforcement agency

 Lead agency on the government’s anti-drug campaign
 Responsible for efficient and effective law enforcement of all provisions on any dangerous
drug and/or controlled precursor and essential chemicals

-Serves as the implementing arm of the Dangerous Drug Board (DDB).

-Responsible for the efficient and effective law enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential chemical as provided in RA 9165.
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

-Headed by Director General with the rank of Undersecretary, appointed by the President.

-The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant Secretary,
1 for Operations and 1 for Administration, also appointed by the President.

POWER AND DUTIES OF PDEA

-To cause the efficient and effective implementation of the national drug control strategy formulated
by the Dangerous Drugs Board;

- Undertake the enforcement of the provisions of Article II of RA 9165 relative to the unlawful acts and
penalties involving any dangerous drugs and/or controlled precursor and essential chemicals;

-Administer oath and issue subpoena and subpoena duces tecum relative to the conduct of
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investigation involving the violations of RA 9165;

-Arrest and apprehend as well as search all violators and seize or confiscate the effects or proceeds of
the crimes as provided by law;

-Take charge and have custody of all dangerous drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement
agency;

-Establish a forensic laboratory in each PNP office in every province and city in order to facilitate action
on seized or confiscated drugs, thereby hastening their destruction without delay;

- Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations
found to be violating the provisions of RA 9165 and in accordance with the pertinent provisions of the
Anti-Money Laundering Act of 2001;

- Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all
laws n dangerous drugs, controlled precursors and essential chemicals, and other similar controlled
substances;

-Monitor, and if warranted by circumstances, in coordination with the Philippine Postal Office and the
Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office;

-Conduct eradication programs to destroy wild or illegally grown plants from which dangerous drugs
may be extracted;

-Initiate and undertake the formation of a nationwide organization which shall coordinate and
supervise all activities against drug abuse in every province, city, municipality and barangay;

-Establish and maintain a national drug intelligence system in cooperation with law enforcement
agencies, other government agencies/offices and local government units that will assist in the
apprehension of big-time drug lords;

- Establish and maintain close coordination, operation and linkages with international drug control and
administration agencies and organizations;

-Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and
transmit evidence to the proper court;
- Require all government and private hospitals, clinics, doctors, dentists and other practitioners to
submit a report to it;

- Coordinate with the DDB for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of RA 9165;

- Initiate and undertake a national campaign for drug prevention and control programs, where it may
enlist the assistance of any department, bureau, office, agency or instrumentality of the government,
including government-owned and/or controlled corporations; and

-Submit annual and periodic reports to the DDB from time to time and perform such other functions as
may be authorized of required under existing laws and as directed by the President.

DANGEROUS DRUG BOARD (DDB)

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-Created by virtue of Republic Act 6425 otherwise known as Dangerous Drug Act of 1972
subsequently repealed by RA 9165.

-the policy-making & strategy-formulating body in the planning & formulation of policies & programs on
drug prevention & control.

-It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse
prevention and control strategy.
DANGEROUS DRUG BOARD (DDB)

-DDB composed of 17 members wherein 3 of which are permanent members, the other 12 members
are ex- officio capacity and 2 regular members.

THREE (3) PERMANENT MEMBERS

- At least 7 years of training and experience in the field of the ff: fields in law, medicine, criminology,
psychology or social work.

- Appointed by the president.

-One designated as the Chairman with the rank of Secretary (with the term of 6 years) and the two
other regular members as undersecretary (one with 4 years term and the other 2 years but succeeding
appointment will serve six years and until their successors shall have been duly appointed and
qualified.

TWELVE (12) EX- OFFICIO MEMBERS

- Secretary or representative of the following Department:

- DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd,
- Chairman CHED, NYC
- Director General - PDEA

TWO (2) REGULAR MEMBERS

- President of Integrated Bar of the Philippines (IBP).

- Chairman or President of a non- government organization involved in dangerous drug campaign to be
appointed by the President.

The Director of NBI and Chief, PNP are the permanent consultant of the DDB.
DRUG MULES or “DRUG COURIERS”

-Are individuals who transport dangerous drugs in exchange for a huge amount of money, depending
on the amount of drugs to be delivered and the route/distance to be traveled.

-Women are usually targeted by syndicates since they generally generate mild suspicion from
authorities and the female body has more cavities possible to insert the drugs in, therefore posing less
detection risk.

Methods of Concealment

1. Hidden in luggage/suitcases;
2. Ingestion/Swallowing;
3. Placed in shoes;

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4. Placed in bottom part of luggage;
5. Placed inside handbag;
6. Others- Undergoing minor operation, placing in shoeboxes/ books/bottles/parcels, etc.

Factors contributing to the drug courier problem

1. Filipinos are usually enticed by the offer because of the syndicates’ promise of love/marriage, as
have been recorded in several arrests involving Filipina drug couriers. Others are lured by the
opportunity to travel and the promise of a comfortable life while others want a high-paying job and
easy money.

2. The drug courier problem can also be attributed to the (1) The prevalence of poverty, (2) Poor
educational background, (3) Easy money, (4) Unemployment and 95) the idea of traveling

The Task Force Drug Couriers

The Task Force Drug Couriers (TFDC) was created on February 08, 2010 by virtue of Administrative
Order No. 279. It is an inter-agency team tasked in the deterrence, prevention and protection of
Filipinos from being victimized as drug couriers by international drug trafficking syndicates.

The Task Force is composed of 13 agencies, chaired by the Philippine Drug Enforcement Agency and
co-chaired by the Department of Foreign Affairs with the following agencies as members
1. Bureau of Customs
2. Bureau of Immigration
3. Commission on Higher Education
4. Department of Justice
5. Department of Labor and Employment
6. Manila International Airport Authority
7. National Bureau of Investigation
8. Philippine Information Agency
9. Philippine National Police – Aviation Security Group
10. Tourism Infrastructure and Enterprise Zone Authority (formerly Philippine Tourism Authority)
11. Office of the President thru the Office of the Executive Secretary

MODUS OPERANDI (MO)

Couriers are usually recruited by casual acquaintances they meet in key cities here or abroad, mostly
fellow Filipinos connected to drug syndicates like the African Drug Syndicate (ADS), offering plane
tickets, hotel accommodation and huge amounts of money.
In some instances, members of syndicates befriend/marry potential recruit then later turn him/her into
a courier or cohort. On the other hand, unwitting victims were duped by acquaintances into carrying
packages in exchange for money, not knowing that drugs were placed inside.

Couriers may also be recruited through the internet and social networking sites like Facebook,
MySpace, Tagged, etc. Syndicates also engage in travel & tours businesses/agencies to arrange airline
and hotel bookings of the couriers and use fraudulent documents/fake credit cards.

The ADS is believed to be behind the alarming increase of Filipino drug couriers arrested abroad. They
deliver drugs to their connections in different points around the world by employing drug couriers to
prevent the risk of getting caught themselves. They also use Filipinos as cohorts to recruit fellow
OFWs.

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The ADS is an international syndicate involved in drug trafficking and cyber crimes.

They use stolen and/or falsified documents to go about with their transaction (i.e. purchase of plane
tickets, hotel bookings) and usually communicate with their cohorts thru phone or the internet.

Members are proficient in English and well-versed, very persistent and are generally friendly which
makes them recruit potential victims easily.

National Anti-Drug Strategy & 4 Pillars of Anti-Drug Campaign THE FOUR

PILLARS OF ANTI-DRUG CAMPAIGN

1. Drug Supply Reduction Drive

✓ Reduce the supply of drugs
✓ Drive the prices high and create acute shortage of drugs
✓ Neutralize sources of drugs

2. Drug Demand Reduction Drive

✓ Reduce the demand side of the drug chain
✓ Concentrates on anti-drug advocacy efforts – public information and treatment and
rehabilitation
✓ Targets non-users, casual drug users and addicts/recovering persons

3. Alternative Development/Reform Programs

✓ Development/livelihood program
✓ Education program
✓ Family solidarity/development program
✓ Good governance program
✓ Legal reforms

4. International Cooperation
✓ Neutralize transnational drug syndicates
✓ Minimize drug trafficking to and from the country
✓ Exchange of information and technologies
✓ Multilateral, regional, sub-regional and bilateral assistance and cooperation
REPUBLIC ACT 9165
Some Pertinent Provisions of Comprehensive Dangerous Drug Act of 2002 UNLAWFUL

ACTS AND PENALTIES UNDER RA 9165

Section 4. Importation of Dangerous Drugs

Penalty:
Life Imprisonment and fine of Five Hundred Thousand pesos (P500,000.00) to Ten Million Pesos
(P10,000,000.00).

Importation of any Controlled precursor and essential chemicals

Penalty:

Imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One Hundred Thousand pesos (P100,000.00) to Five Hundred Thousand Pesos (P500,000.00)

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Sec 4"protector/coddler" of any violator of the provisions under this Section. penalty

-twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation

of Dangerous Drugs
Penalty

-life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

Section 6. Maintenance of a Den, Dive or Resort involving dangerous drugs

penalty

–life imprisonment and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

-The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or
resort where any controlled precursor and essential chemical is used or sold in any form.

Section 7 Employees and Visitors of a Den, Dive or Resort

12 years and 1 day to 20 years (100,000.00 to 500,000.00).

- (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

- (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of
the nature of the place as such and shall knowingly visit the same.

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
- Penalty for Manufacture of Dangerous drugs- life imprisonment and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

- Penalty for manufacture any controlled precursor and essential chemical - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Note:
- The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug.

Sec 11. Possession of Dangerous Drugs

- Possession of Dangerous Drugs regardless of purity- penalty provided life imprisonment and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
- 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
oil, and other dangerous drugs,
- 50 grams or more of shabu
- 500 grams or more of marijuana

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Penalty-Life imprisonment and fine ranging from Php 400,000.00 to Php 500,000.00
- If the quantity of shabu is ten (10) grams but not more than 50 grams
Penalty- Imprisonment of 20 years and 1 day to life imprisonment and fine ranging from Php 400,000.00
to Php 500,000.00
- If 5 grams or more but less than 10 grams of any Dangerous Drugs
- 300 grams or more of marijuana but less than 500 grams

Penalty- imprisonment of 12 years and 1 day to 20 years and a fine ranging from Php 300,000.00 to Php
400,000.00

-If the quantity of dangerous drugs are less than 5 grams.

- If the quantity of Marijuana is less than 300 grams.

Sec 15. Use of Dangerous Drugs

Penalty

-A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a minimum of six (6) months but not exceeds one year
rehabilitation in a government center for the first offense.

- If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also found to have in his/her possession
such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.

Sec 16. Cultivation of plants classified as source of dangerous drugs Penalty

- Life imprisonment and fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00)

Penalty of 12 years and 1 day to 20 years of imprisonment and a fine ranging from P100,000.00 to
P500,000.00 shall be imposed upon any person, who acts as a “protector/coddler of any violator of the
provisions of Sec. 16…..

Section 18. Unnecessary Prescription of Dangerous Drugs. –

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00)

and the additional penalty of the revocation of his/her license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care of persons with severe
pain.

Section 19. Unlawful Prescription of Dangerous Drugs.

– The penalty of life imprisonment and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
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authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription
for any dangerous drug.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following
manner:

The apprehending team having initial custody and control of the drugs shall, immediately after seizure
and confiscation, physically inventory and photograph the same in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy thereof;

-Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination;

- A certification of the forensic laboratory examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the
subject item/s.
- That a final certification shall be issued on the completed forensic laboratory examination on the
same within the next twenty-four (24) hours
After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered dangerous drugs, and controlled precursors
and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall:

within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ, civil society groups
and any elected public official

Section 23. Plea-Bargaining Provision.

– Any person charged under any provision of this Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining .

Section 28 – Criminal Liability of Government Officials and Employees.

- The maximum penalties of the unlawful acts provided in the Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts
are government officials and employees.

Section 29. Criminal Liability for Planting of Evidence

– Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity, shall suffer the maximum penalty.
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Program for Treatment and Rehabilitation of Drug Dependents

- A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or
through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity,
apply to the Board or for treatment and rehabilitation of the drug dependency. The Board shall bring forth
the matter to the Court which shall order that the applicant be examined for drug dependency.

If the examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6) months.

Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
Submission Program.

-Upon certification of the Center that the drug dependent within the voluntary submission program may
be temporarily released, the Court shall order his/her release on condition that said drug dependent shall
report to the DOH for after-care and follow-up treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms and conditions that the Court may impose.

Dangerous Drug Test Requirements

The following shall undergo mandatory drug testing:
1. applicants for drivers license
2. applicants for Firearms license & PTCFOR
3. members of the PNP, AFP, & other LEA
4. All persons charged with criminal offense with penalty of not less than 6 years.
5. All candidates for public office national/ local
The following shall undergo random drug testing:
1. students of secondary and tertiary schools;

2. officers and employees of public & private offices.

SUPREME COURT DECISIONS

………………The Philippines Supreme Court upheld mandatory, random, suspicionless drug testing of
workers and high school and college students, but struck down as unconstitutional provisions of the
Comprehensive Dangerous Drugs Act of 2002 that required drug tests for candidates for political office
or those charged with criminal offenses.

…………………the court noted that the law says the random drug testing of employees "shall be undertaken
under conditions calculated to protect as much as possible the employee's privacy and dignity," and
that employers are not required to report positive test results to prosecutors. It also found that "the
intrusion into the employee's privacy... is accompanied by proper safeguards, particularly against
embarrassing leakages of test results, and is relatively minimal."

……………….In the case of students, the high court found that drug testing was not only constitutional, but
perhaps even necessary. It noted the presence of drugs in the country "that threatens the well-being of
the people, particularly the youth and school children who usually end up as victims.

………………….Candidates for political office, however, may not be subjected to drug tests as condition of
candidacy, the court held. The drug law's provisions requiring testing of candidates unconstitutionally
added to the constitution's provisions defining the qualification or eligibility of candidates

……….The court was equally kind to people charged with criminal offenses, holding that they cannot be
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drug tested because they might incriminate themselves and because drug testing in their cases would
not be random or suspicionless. "To impose mandatory drug testing on the accused is a blatant
attempt to harness a medical test as a tool for criminal prosecution, contrary to the objectives of RA
9165 [the drug testing law]. Drug testing in this case would violate a person's right to privacy
guaranteed under Section 2, Article III of the Constitution. Worse still, the accused persons are veritably
forced to incriminate themselves

Responsibility and liability of law enforcement agencies in testifying as Prosecution Witness in

Dangerous Drug Cases
- Penalty- 12 years and 1 day to 20 years and a fine of not less than Php 500,000.00 in addition to the
administrative liability.
- For any members of law enforcement agency who, after due notice, fails or refuses intentionally or
negligently to appear as a witness for prosecution.

Section 92. Delay and Bungling in the Prosecution of Drug Cases

– Any government officer or employee tasked with the prosecution of drug-related cases under this
act, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to
his/her prosecution under the pertinent provisions of the Revised Penal Code.

Non-applicability of the Probation Law for Drug Traffickers and Pushers. – cannot avail of the privilege
granted by Probation Law (PD 968, as amended).

NAPOLCOM MEMORANDUM CIRCULAR NO. 200003

Adopting Salient Provisions of PDEA Memorandum on the preparation of pre-operation report and
PNP-AIDSOTF Memorandum Circular in the conduct of Anti-Illegal Drugs Operations.

Pre-Operations

-Operating Unit to submit to PDEA, the pre-operations report, indicating details such identity, area of
operation, composition, tactics and equipment of the operating unit and duration of the operation. Also
includes the information on the suspect/s.

-Certification of Coordination – prepared by PDEA given to the operating unit which submitted a pre-
operations report.

Exemption of submission of Pre Operations Report:

1. In remote places where coordination is not possible;
2. When coordination will compromise the lives of police operatives, informant and witnesses, involved
in anti-drug operations;
3. When coordination will prejudice the apprehension of drug suspects and confiscation of dangerous
drugs;
4. When prior coordination will compromise the entire police operation.
(In above instances, post coordination shall be made in lieu of prior coordination).

Signatories to the Pre-Operation Report

- signed by the Team Leader.

Conduct of Operation
- Team shall be led by a police commissioned officers except in far flung areas where there are no
assigned PCOs.
- To have at least 1 female member operative who shall be responsible for arresting and frisking
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female suspects and for taking custody of children found in the place of operation.

VICES
Vice – is any immoral conduct or habit, the indulgence of which leads to depravity, wickedness and
corruption of the minds and the body.

Different Forms of Vices:

1) Drug addiction
2) Alcoholism
3) Prostitution
4) Gambling

ALCOHOLIC
-A person who has experienced physical, psychological, social or occupational impairment as
consequence of habitual, excessive consumption of alcohol.

ALCOHOL ABUSE
-Use of ethyl alcohol or liquor in a quantity and with a frequency that causes the individual significant
physiological, psychological, or sociological distress or impairment.

ALCOHOLIC DEPENDENCE
-A chronic lost of control over the consumption of alcoholic beverages despite obvious psychological
or physical harm to the person. Increasing amount are required overtime and abrupt discontinuance
may precipitate a withdrawal symptoms.
ALCOHOLIC LIQUOR
-Any beverages or compound, whether distilled, fermented, or otherwise, which will produce
intoxication or which contains in excess of one percent of alcohol and used as a beverage.

DRUNKARD
- A person who habitually takes or use any intoxicating alcohol liquor and while under the influence of
such, or in consequence of the effect thereof, is either dangerous to himself or to others.

ALCOHOLISM – which is also known as “Alcohol Dependence Syndrome” is a disease

characterized by the following:
a) Craving – strong need or compulsion to drink
b) Loss of Control – frequent inability to stop drinking once a person has begun to drink.
c) Physical Dependence – The occurrence of withdrawal symptoms, such as shakiness and anxiety
when alcohol use is stopped.

SOME PROBLEMS ARISING FROM ALCOHOLISM

a) Loss of employment which can lead to financial problems;
b) Marital Conflict and contribute to domestic violence;
c) Drinking at inappropriate times and behavior can lead to legal consequences, such as public
disorder (Alarm and Scandal).

DRUNKNESS AS A CRIME
-In the Philippines, drunkenness in itself is not a crime because a person may drink to excess in the
privacy of his home or in the party and commit no crime at all.

-It is only when a drunken person exhibits his condition publicly, or disturbs, endangers, or injured others,
that he became an offender and therefore, subject to arrest and punishment.

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-Before and during elections, it is unlawful to sell or drink intoxicating liquor, as provided in the election
law.
-Under RA 4136, as amended, driving under the influence of liquor is prohibited.

Under Article 15 of the Revised Penal Code, intoxication is considered as an Alternative Circumstances.

- It is considered a mitigating circumstance when the offender has committed a felony in a state of
intoxication, if the same is not habitual.

- It is considered an aggravating circumstance, when the intoxication is habitual or intentional.

PROSTITUTION

-act or practice of providing sexual services to another person in return for payment.

-is the exchange of money for the performance of sexual act.

PROSTITUTE
-Customarily used, to refer to a female person who engages in sex in exchange for money as profession.

PHILANDERING
-Is having casual/illicit sex with a number of people.
-It usually refers to men, and often in the context of cheating on a wife or girlfriend.

TO PHILANDER
-Is to carry on romantic and/or sexual affairs outside a committed relationship

PHILANDER
-Is a serial cheater who betrays his spouse or long term partner repeatedly;

-The term usually refers to men (obviously, women have also been known to carry on affairs).

VAGRANTS AND PROSTITUTES (under RPC)

-Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling.

-Any person found loitering about public or semi-public building or places, or tramping or wandering
about the country or to the streets without visible means of support.

-Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and those who
habitually associate with prostitutes.

PROSTITUTES –
women, who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Republic Act No. 10158

Signed last March 27, 2012, amended Article 202 of the Revised Penal Code removing vagrancy from
the country's list of crimes amid concerns it only targets the poor and the disadvantaged.

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Although the poor or homeless people can no longer be hauled to jail for vagrancy, the new law
continued to penalize women engaged in prostitution.

RA 10158, defined prostitutes as "women who for money or profit, habitually indulge in sexual
intercourse or lascivious conduct."

A person found guilty of prostitution is punished by imprisoned from one to 30 days or a fine not
exceeding P200.

In case of recidivism, they are punished by arresto mayor in its medium period to prison correccional in
its minimum period or a fine ranging from P200 to P2,000, or both, depending on the court.

With the enactment of the law, all pending vagrancy cases meantime shall be dismissed and all
persons serving sentence for violating the vagrancy law shall immediately be released.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

RA 7610, as amended, (Special Protection of children against child abuse, exploitation and
discrimination Act)

- Penalize those who engage in or promote, facilitate or induce child prostitution, who commit the act
of sexual intercourse or lascivious conduct with a child exploited in prostitution and who derived profit
on advantage therefrom, whether as a manager or owner of the establishment.
-penalty of reclusion temporal in its medium period to reclusion perpetua

GAMBLING
GAMBLING
-Wagering of money or something of material value on an event with an uncertain outcome with the
primary intent of winning additional money and/or material goods.

ILLEGAL NUMBERS GAME

-Any form of illegal gambling activity which uses numbers or combination as factors in giving out
jackpots.

JUETENG
-Illegal numbers game that involves the combination of numbers as a form of local lottery where bets
are placed and accepted per combination .

MASIAO
-Illegal numbers game where the winning combination is derived from the results of the last game of Jai
Alai or the Special Llave portion

LAST TWO
-Illegal numbers game where the winning combination is derived from the last two numbers of the first
prize of the winning Sweepstakes ticket.

BETTOR (Mananaya)
-Any person, who places bets for himself/herself or in behalf of another person, other than the
personnel or staff of any illegal numbers game operation.

COLLECTOR or AGENT (Cabo, Cobrador)

-Any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers
game who is usually in possession of gambling paraphernalia

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MAINTAINER, MANAGER OR OPERATOR
-Any person who maintains, manages, or operates any illegal number game in a specific area.

FINANCIERS OR CAPITALIST
-Any person who finances the operations of any illegal numbers game.
PROTECTOR OR CODDLER

-Any person who lends or provides protection, or receives benefits in any manner in the operation of
any illegal numbers game.

RELATED LAWS ON GAMBLING

- Article 195 of RPC. Acts punishable in gambling – any person directly or indirectly take part in any
game of Monte, jueteng, other form of lottery, policy, banking or percentage game, dog races or any
other game the result of which depends wholly upon a chance wherein wagers consisting of money,
articles of value, or representative of value are made.

Article 195 of RPC. (Penalty)

-The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the
penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos,
- The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer,
conductor, or banker in a game of jueteng or any similar game.

Article 196 (RPC). Penalizing any person who shall import into the Philippine Islands from any foreign
place or port any lottery ticket or advertisement, or in connivance with the importer, shall sell or
distribute the same.

-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court

Article 197 (RPC). Betting in sports Contest – Penalizing any person who shall bet money or any object
or article of value or representative of value upon the result of any boxing or other sports contest.

-The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 198 (RPC). Illegal betting on horse races

– Penalizing any person who, except during the periods allowed by law, shall bet on horse races.

- The penalty of arresto menor or a fine not exceeding 200 pesos, or both,

Article 199 (RPC). Illegal cockfighting –

Penalizing any person who directly or indirectly participates in cockfights, at a place other than a
licensed cockpit.

- The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court

RA 3063 – Approved June 17, 1961

authorizing licensed race tracks and racing clubs and their authorized agent to offer, take or arrange
bets outside the place, enclosure of track where the races held.
Penalty - fine of not less than one thousand pesos not more than two thousand pesos or by
imprisonment for not less than one month or more than six months, or both, in the discretion of the
court. If the offender is a partnership, corporation or association, the criminal liability shall devolve

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upon its president, director, or any other official responsible for the violation.

PD 449 – Cockfighting Law of 1974 – Approved May 9, 1974.

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in Sports Contents.
Approved on June 13, 1974.

PD 1602 – Approved June 11, 1978. prescribing stiffer

penalties on illegal gambling.

RA 9287 – Approved 2, 2004

An Act increasing the penalties for illegal numbers games, amending certain provisions of P.D. 1602,
and for other purposes.

CDI-6: FIRE TECHNOLOGY AND ARSON INVESTIGATION

FIRE
- a rapid, self-sustaining oxidation process accompanied by the evolution of heat and light of
varying intensity
- an active chemical reaction that takes place between fuel, heat and oxygen in the form of light
and noticeable heat
- a chemical reaction; the rapid oxidation of a fuel producing heat and light
- an oxidation taking place with a rate rapid enough to produce heat and light

TECHNOLOGY
- the branch of knowledge that deals with industrial arts and sciences
- the application of such knowledge that is used to produce the material necessity of society

ELEMENTS OF FIRE OR TRIANGLE OF FIRE FUEL

- anything that will burn when heated with sufficient oxygen

OXYGEN
- aids in combustion; comes from the atmosphere we breath; the atmosphere contains: 21%
oxygen, 78% nitrogen and 1% impurities
HEAT
- source of ignition

TRIANGLE OF FIRE
For many years, the fire triangle (oxygen, fuel and heat) was taught as the components of fire.
While this simple example is useful, it is NOT technically correct.

TETRAHEDRON OF FIRE
- a geometric representation of what is required for fire to exist, namely, fuel, an oxidizing agent,
heat, and an uninhibited chemical reaction

FIRE TETRAHEDRON

- Oxygen (oxidizing agent)

- Fuel
- Heat
- Self-sustained chemical reaction

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 Each component of the tetrahedron must be in place for combustion to occur. Remove
one of the four components and combustion will not occur. If ignition has already occurred, the
fire is extinguished when one of the components is removed from the reaction.

OXYGEN (Oxidizing Agent)

- a colorless, odorless gas and one of the compositions of air which is approximately 21%
percent by volume
-
Oxygen sources: Oxygen requirements:
1. 21% of normal oxygen 1. 12% no fire
2. 78% nitrogen 2. 14% flash point
3. 1% other gases 3. 21% fire point

FUEL
- the material or substance being oxidized or burned in the combustion process.

Fuel sources
1. Solid
- molecules are closely packed together
2. Liquid
- molecules are loosely packed
3. Gas
- molecules are free to move

HEAT
- the energy component of the fire tetrahedron
- when heat comes into contact with a fuel, the energy supports the combustion reaction
- heat energy is measured in units of Joules (J), however it can also be measured in Calories (1
Calorie = 4.184 J) and BTU's (1 BTU = 1055 J)

TEMPERATURE
- a measure of the degree of molecular activity of a material compared to a reference point
- a measure of the degree of molecular activity of a material compared to a reference point
- measured in degrees Fahrenheit or degrees Celsius

ºC ºF Response
37 98.6 Normal human oral/body temperature
44 111 Human skin begins to feel pain
48 118 Human skin receives a first degree burn injury
55 131 Human skin receives a second degree burn injury
62 140 A phase where burned human tissue becomes
numb
72 162 Human skin is instantly destroyed
100 212 Water boils and produces steam
140 284 Glass transition temperature of polycarbonate
230 446 Melting temperature of polycarbonate
250 482 Charring of natural cotton begins
300 572 Charring of modern protective clothing fabrics
begins
600 1112 Temperatures inside a post-flashover room fire

Types of Energy (common sources of heat)

1. Chemical Energy
2. Electrical Energy
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 3. Nuclear Energy
4. Mechanical Energy

CHEMICAL ENERGY
- the most common source of heat in combustion reactions

When any combustible is in contact with oxygen, oxidation occurs. The reaction of this
process results in the production of heat.
ex. Heat generated from burning match, self heating (spontaneous heating)

ELECTRICAL ENERGY
- can generate temperature high enough to ignite any combustible material near the heated
area

Examples:
1. over current or overload
2. arcing
3. sparking
4. static
5. lightning

NUCLEAR ENERGY
- generated when atoms either split apart (fission) or combine (fusion) Ex.
1. fission heats water to drive steam turbines and produce electricity
2. solar energy is a product of a fusion reaction

MECHANICAL ENERGY
- an energy created by friction and compression

1) Heat of friction - the movement of two surfaces against each other, thus producing sparks
2) Heat of compression - heat is generated when a gas is compressed in a container or cylinder

SELF-SUSTAINED CHEMICAL REACTION

Combustion is a complex reaction that requires a fuel (in the gaseous or vapor state), an
oxidizer, and heat energy to come together in a very specific way. Once flaming combustion or fire
occurs, it can only continue when enough heat energy is produced to cause the continued development
of fuel vapors or gases. Scientists call this type of reaction a “chain reaction”.
A chain reaction is a series of reactions that occur in sequence with the result of each individual
reaction being added to the rest.

FIRE DEVELOPMENT

When the four components of the fire tetrahedron come together, ignition occurs. For a fire to
grow beyond the first material ignited, heat must be transmitted beyond the first material to additional
fuel packages.

Stages of Fire
- Ignition
- Growth
- Flashover
- Fully-developed
- Decay

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IGNITION
- describes the period when the four elements of the fire tetrahedron come together and
combustion begins

GROWTH
- shortly after ignition, a fire plume begins to form above the burning fuel. As the plume develops,
it begins to draw or entrain air from the surrounding space into the column.

FLASHOVER
- the transition between the growth and the fully developed fire stages and is not a specific event
such as ignition. During flashover, conditions in the compartment change very rapidly as the fire
changes from one that is dominated by the burning of the materials first ignited to one that
involves all of the exposed combustible surfaces within the compartment.

FULLY-DEVELOPED
- occurs when all combustible materials in the compartment are involved in the fire

DECAY
- as the fire consumes the available fuel in the compartment, the rate of heat released begins to
decline.
THREE (3) STAGES OF FIRE
1. Incipient phase
2. Free burning phase
3. Smoldering

1. INCIPIENT STAGE
- initial stage of fire

Characteristics
- normal room temperature
- oxygen plentiful
- thermal updraft rise accumulates at higher point
- temperature at 1000 F
- Producing C02, CO, SO2, water and other gases

2. FREE BURNING PHASE

- a phase of burning in which materials or structures are burning in the presence of
adequate oxygen

Characteristics
- fire has involved more fuel
- oxygen supply has depleted
- heat accumulates at upper area
- temperature exceeds 1,330 F
- area is fully involved

3. SMOLDERING PHASE
- final phase of burning wherein flame ceases but dense smoke and heat completely fill the
confined room
MODES OF HEAT TRANSFER

Heat is by-product of combustion that is of significant importance to the firefighter. It is heat

that causes fire to sustain its combustion and, more important, to extend. When heat given off as a

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product of combustion is exposed to an unheated substance, certain changes occur that can make the
new substance a contributing factor in extending a fire.

CONDUCTION
- heat transfer within solids or between contacting solids

When a hot object transfers its heat, conduction has taken place. The transfer could be to
another object or to another portion of the same object. As we have discovered and will be constantly
reinforced about, combustion occurs on the molecular level. When an object heats up, the atoms
become agitated and begin to collide with one another. A chain reaction of molecules and atoms, like
wave energy, occurs and causes the agitated molecules to pass the heat energy to areas of non-heat.

CONVECTION
- heat transfer by the movement of liquids or gasses

Air that is hotter than its surroundings rises. Air that is cooler than its surroundings sinks. Air is
made up of many molecules floating about freely. Even so, it still has weight. Some molecules are made
up of the same element. For example, oxygen in its natural state will combine with another oxygen
atom to form a stable oxygen molecule. In a given volume, air at a given temperature will have the
same density. When heated, as in conduction theory, the molecules
become agitated and begin to collide with one another. In the process, the molecules are demanding
more space to accommodate the vibrations and they push into one another as they seek that space.
When that happens, the density of a given volume is reduced and it weighs less. Because it weighs
less, it rises until it reaches equilibrium-the level at which the weight is the same as the surrounding
atmosphere.

RADIATION
- heat transfer by electromagnetic waves

The last form of heat transfer occurs by radiation. As we have already seen, heat energy can be
transmitted directly when molecules collide with one another and cause the waves of heat energy to
travel.

FLAME CONTACT
- heat may be conducted from one body to another by direct flame contact

PROPERTIES OF FIRE
1. Physical properties
2. Chemical Properties

1. PHYSICAL PROPERTIES
a. Specific gravity
- the ratio of the weight of a solid or substance to the weight of an equal volume of water
b. Vapor density
- the weight of volume of pure gas compared to weight of a volume of dry air at the same
temperature and pressure
c. Vapor pressure
- the force exerted by the molecules on the surface of the liquid at the equilibrium
d. Temperature
- the measure of the thermal degree of the agitation of molecules of a given substance;
the measure of the molecular activity within the substance
e. Boiling Point

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 - the constant temperature at which the vapor pressure of the liquid is equal to the
atmospheric pressure
f. Ignition temperature
- the minimum temperature to which the substance in the air must be heated in order to
initiate or cause self-contained combustion without addition of heat from outside
sources
g. Fire point
- the temperature at which the material will give off ample vapors to keep burning
h. Flash point
- the temperature at which the material is not hot enough to keep burning, but still gives
off enough vapors to cause a flame across the surface
2. CHEMICAL PROPERTIES
a. Endothermic reaction
- are changes whereby energy is absorbed or is added before the reaction takes place
b. Exothermic reaction
- reactions or changes that releases or give off energy
c. Oxidation
- a chemical change in which combustible material and an oxidizing material react
d. Combustion or flame
- the manifestation of fire is in its gas-phased combustion; matter that is produced by fire.
Material Ignition Temperature
F C
Gasoline 536 280
Kerosene 410 210
Turpentine 488 253
Paper 842 450
Wood 489 254
Coal 750 400

CLASSIFICATIONS OF FIRE

I. BASED ON CAUSE
a. Natural fire/ providential
b. Accidental fire
c. Intentional Fire/Incendiary
d. Undetermined

A. NATURAL FIRE
- involves fires without direct human intervention
Examples:
- Earthquake
- Typhoon
- Lightning
- Spontaneous combustion arising from the storage of combustible materials in poorly
ventilated places
- Explosion from petroleum products, alcohol and other substances
- Sun rays focused on glasses which may serve as a convex lens

B. ACCIDENTAL FIRE
- Carelessly discarded cigarettes
- Careless disposition of readily combustible materials
- Poorly managed or defective heating facilities
- Overheating, spark and electrical defects

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 - Overload electric circuits/ Octopus connections
- Children playing matches
- Use of candles

C. INCENDIARY FIRE
- is one deliberately set under circumstances in which the person knows that the fire
should not be set

D. UNDETERMINED FIRE CAUSE

- whenever the cause cannot be proven, the proper classification is undetermined

II. BASED ON BURNING FUEL CLASS A

- ordinary solid materials such as wood, paper, fabrics, etc.
- this will be indicated by deep cited fire, leaves ashes and embers (glowing coals) after burning

CLASS B
- flammable liquids such as gasoline, lube oil, kerosene, paint thinner, etc.
CLASS C
- electrical appliances; causes electric shock

CLASS D
- metal fire such as magnesium (white element burning with dazzling light), sodium (a silver
white metallic element), etc.; creates violent reaction

CLASS E
- flammable gases such as LPG, LNG, etc.; also creates violent reaction

Fire Classes in the United Kingdom and Europe

A – ordinary combustibles
B – flammable or flammable liquids C –
flammable gasses
D – combustible metals
E – (this class is no longer existing in Europe) F –
cooking oils and fats

Fire Classes in Australia and Asia

A – everyday combustibles
B – combustible or combustible liquids C –
combustible gasses
D – combustible metals E –
electrical equipment F – cooking
fats and oils

Fire Classes in the U.S.A. (NFPA) A –

regular combustibles
B – flammable liquids and gasses C –
electrical appliances
D – combustible metals K –
cooking oils and fats

FIRE EXTINGUISHMENT

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EXTINGUISHING AGENT
1. Class A – water (all agents)
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use water, soda acid and foam)
4. Class D – special powder
5. Class E – all agents

METHODS OF EXTINGUISHMENT
1. COOLING – heat absorption.
2. SEPARATION – the removal of the fuel.
3. SMOTHERING – by expelling oxygen
4. Inhibition or the interruption of chemical chain reaction

Strategies Used in Firefighting:

1. Locate the fire
2. Confine the fire
3. Extinguish the fire
4. Exposures
Factors to Consider in Extinguishment:
1. Time
2. Weather (temperature, humidity, wind)
3. Fire ( ex. Extent, location, bldg construction, contents involved)
4. Occupancy
5. Ventilation (used for clearing the bldg of smoke and gases)

Types of Ventilation:
a. Vertical ventilation - must be worked from the top to bottom
b. Cross or horizontal ventilation - used if gases have not reached the higher level through the
opening of windows
c. Mechanical force ventilation - a method whereby a device such as smoke ejector is utilized to
remove faster excessive heat and dense smoke

Factors to determine the location for the opening:

1. Location of intensity of fire
2. Highest point on the roof
3. Direction of wind
4. Existing exposure
5. Extent of fire
6. Obstruction

ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE

1. RESCUE - any action taken by the firefighters to remove occupants/ persons from building/
hazards to a safety place
2. OVERHAUL - a complete and detailed checked of the structures and materials involved in the fire
to make sure that every spark and ember has been extinguished and to have assurance against
re-ignition
3. SALVAGE - an action taken by the firefighters in preventing excessive damage by fire, water
with the use of salvage cover or by removing materials out from the burning building

Types of ladder
1. Ground ladders (10 to 55 ft. long)
2. Aerial ladders

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Purposes of ladders
a. for rescue
b. to stretch line into a fire building
c. to provide ventilation by giving access to places that are hard to reach

Forms of ground ladders

a. Wall
b. Extension
c. Hook or straight ladder
d. Attic ladder

LADDER TERMINOLOGY
1. Bed ladder - the lowest section of an extension ladder
2. Fly ladder - the top section of an extension ladder
3. Butt - the bottom end of a ladder
4. Heel - the part of the ladder that touches the ground
5. Halyard - a rope or cable used to raised the fly ladder
6. Pawl or dog - the mechanism located at the end of the fly ladder that locks to the bed ladder
7. Rung - the cross member of the ladder that is used for climbing
8. Top or tip - it is the top part of the ladder
9. Hooks - part of a ladder that is used to hook over a roof peak, sills, or walls where the heel does
not rest on a foundation. (roof type ladders)
10. Stops - made of metal or wood blocks used to prevent the fly of an extension ladder from
extending out further from the ladder
11. Guides - light metal strips of an extension ladder that guides the fly ladder while it is being raised
or lowered

ARSON INVESTIGATIVE GUIDE AND PROCEDURES ARSON

- the willful and malicious burning of all kinds of buildings and structures including personal
properties

INVESTIGATION
- an art that deals with the identity and location of the offender and provides evidence of his guilt
in criminal proceedings

ELEMENTS OF ARSON
1. Actual burning took place
2. Actual burning is done with malicious intent
3. The actual burning is done by person(s) legally and criminally liable

LAW AND JURISPRUDENCE

The law on arson in the Philippines is covered by Articles 320 to 326 of the Revised Penal Code,
as amended by PD No. 1613, PD No. 1744, and Sec. 50 Rule VIII IRR of RA 6975 which provides that the
Bureau of Fire Protection (BFP) shall have the power to investigate all causes of fires and, if necessary,
file the proper complaint with the City/Provincial prosecutor who has jurisdiction over arson cases.

LAWS ON ARSON
1. Article 320 – 326 of the Revised Penal Code
- defines arson, its forms and penalties
2. PD 1613 – the law amending the law on arson
- defining the prima facie evidence of arson

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3. RA 7659
- An Act to Impose Death Penalty on Certain Heinous Crimes, amending for that purpose
the Revised Penal Code as amended, other special laws, and for other purposes
4. RA 6975 Sec. 54
- provides that the Fire Bureau shall have the power to investigate all causes of fires and if
necessary file the proper complaint with the City/Provincial Prosecutor who has jurisdiction
over the case

What Constitutes Arson?

1. Burning
2. Willfulness – means intentional and implies that the act was done purposely and intentionally
3. Malice – denotes hatred or ill will or a desire for revenge; deliberate intention of doing
unjustified harm for the satisfaction of doing it
4. Motive – the moving cause which induces the commission of a crime; something that leads or
influences a person to do something
5. Intent – the purpose or design with which the act is done and involves the will; an essential
element of crime, motive is not
Why is arson very hard to investigate?

Arson is one of the most difficult offenses to investigate because the arsonist can be able to
set a fire and escape undetected. The fire can consume the scene and destroy much physical evidence
of the offense. Harder forms of evidence are often buried in debris and grossly altered in appearance.

What Constitutes Burning?

▪ The mere fact that a building is scorched or discolored by heat is not sufficient nor will bare
intention or even an attempt to burn a house amount to arson, if no part of it is burned.
▪ Yet, if there is actual ignition of any part of the building, arson is committed, although there be
no flame or the fire immediately goes out of itself.
▪ To burn means to consume by fire and in the case of arson, if the wood is blackened but no
fibers are wasted, there is no burning, yet the wood need not be in flame or blaze, and the
burning of any part, however, small is sufficient to constitute arson, and if the house is charred
in a single place so as to destroy the fibers of the wood, it is sufficient to constitute arson.

What is Attempted Arson?

▪ In attempted arson, it is not necessary that there be a fire before the crime is committed. No
hard and fast rule is laid down by the law as to the requirements for attempted arson. The
peculiar facts and circumstances of a particular case should carry more weight in the decision
of the case. Thus, a person intending to burn a wooden structure, collects some rags, soaks
them in gasoline and places them beside the wooden wall of the building. When he is about to
light a match to set fire to the rags, he is discovered by another who chases him away.

▪ The crime committed is attempted arson, because the offender begins the commission of the
crime directly by overacts (placing the rags soaked in gasoline beside the wooden wall of the
building and lighting a match) but he does not perform all the acts of execution (the setting of
the fire to the rags) due to the timely intervention of another who chases away) the offender.

What is Frustrated Arson?

▪ In frustrated arson, the fact of having set fire to some rags and jute sacks soaked in kerosene
oil and placed near the partition of the entire soil of an inhabited house, should not be qualified
as a consummated arson, in as much as no part of the house had begun to burn, although fire
would have started in the said partition had it not been extinguished on time. The crime
committed was frustrated arson.

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What is Consummated Arson?
▪ The offender did in fact set fire to the roof of the house and said house was partially burned.
The crime was consummated arson, notwithstanding the fact that the fire afterwards
extinguished for once it has been started, the consummation of the crime of arson does not
depend upon the extent of the damage caused.
▪ Setting fire to the contents of a building constitutes the consummated crime of setting fire to a
building even if no part of the building was burned.

Basis of Liability in Arson:

1. Kind and character of the building, whether of public or private ownership.
2. Its location, whether in an uninhabited place or in a populated place.
3. Extent of damage caused; and
4. The fact of its being inhabited or not.
Some of the Arson Evidence that the Investigator should seek at the Fire scene are the following:
1. Unusually rapid spread of the fire.
2. Where it originated?
3. Separate fires – when two or more separate fires break-out within a building, the fire is certainly
suspicious.
4. Unusual odors – the odor of gasoline, alcohol, kerosene and other inflammable liquids are
indicated by their characteristics and oftentimes, arsonists are trapped because of this tell tale
signs.
5. Objects that appear to be foreign to the scene such as cans, candles, matches, explosives,
electrical appliances such as irons, heating elements, clocks, radios, flammables, trailers, etc.
6. Charring pattern may indicate fire characteristics. The fact that the fire feeds on combustible
while propagating itself, indicates that the char will generally be deepest from where the fire
originates. When a fire is extinguished quickly, the charring is only slightly below the surface.
Fire burning for a longer period of time will indicate a char that is deep and pronounced. These
facts are most apparent in the charring of wood as a fire burns. The charring from fire on
woods looks like the hide of a black alligator. Fire extinguished quickly on wood will show a large
alligatoring pattern that has not penetrate the wood to any extent. Fire burning for a long period
of time on wood will show small alligatoring pattern but the char will go deep into the wood.
The direction of fire can also be taken into consideration with charring. The exposed side of
combustible will have a deeper char than the unexposed side.
7. Evidence of forcible entry or lack of same may be important depending on the circumstances at
the time of the fire. If the investigator determines there was no forcible entry and finds that the
building was secured prior to discovery of the fire, he can reasonably suspect there is possibility
that the person who sets the fire entered the building with a key. Doors and windows showing
signs of forced entry may point to arson preceded by burglary or arson by someone without a
key to the premises.

Motives of Arson
Motive
▪ Motive is the moving cause which induces a person to commit a crime.

Is Motive Necessary to be Proven in Criminal Proceedings?

▪ No. motive is not necessary to be proven in criminal proceedings but once motive is shown,
then intent can easily established.
▪ In the crime of arson, the distinction between motive and intent is clearly defined. INTENT is a
material element of arson while motive is not. INTENT is the purpose of design with which the
act is done and involves the will while MOTIVE is what induces the criminal.

Motive Can Be Established By:

I. Economic Gain
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 A. Insurance fraud with the assured directly benefiting:
1. Desire to move
– the premises may no longer be desirable because of the condition of the building, the
fact that the quarters are outgrown or because of the locality.
2. Disposing of Merchandise
– the stocks on hand may have lost value by reason of the seasonal nature of the
business, obsolesce, scarcity of materials necessary to complete the contracts,
overstock in the absence of expected order or a changing market.
3. Property Transaction
– the business itself may no longer be desirable because of impending liquidation,
settlement of an estate of which it is a part, the need for cash, prospective failure,
the comparatively greater value of the land, or the comparatively greater value of the
insurance benefits.
B. Profit by the Perpetrator other than the assured:
1. Insurance agents wishing business
2. Insurance adjusters desiring to adjust a loss by securing a contract
3. Business competitors
4. Persons seeking jobs as protection personnel
5. Salvagers
6. Contractors wishing to rebuild or wreck

Concealment of Crime:
◼ the arsonists may set fire to a building in order to conceal a projected or past crime. He
may wish to divert attention in order to loot the burning premises or steal in other places.
The burning may be for the purpose of destroying evidences.

Punitive Measure:
- An arsonists may use fire as a means of punishing another person for reason of jealousy,
hatred or revenge.

Intimidation or Economic Disabling:

- The fire may be used as a weapon of the saboteurs, the strikers or the racketeers to intimidate
or to disable economically as a step toward forcing submission to certain demands.

Pyromania
– is the uncontrollable impulse of a person to burn anything without motivation. Pyromaniacs
usually do not run away from the scene of the crime, usually alone and feel satisfied watching
the flame

Types of Pyromaniacs:
1. Abnormal Youth – Epileptics, imbeciles and morons may set fire without knowing the
seriousness of the act.
2. The Hero Type – a person may set fire on a building, subsequently pretends to discover it and
turn in the alarm so that he will appear a hero to the public. A person may burn a building and
endeavor to achieve spectacular rescue in order to attract the attention of spectators.
3. Alcoholics and Drug Addicts – persons who subject themselves to intense artificial stimulants
such as narcotics sometimes develop a strong urge toward incendiaries.
4. Sexual Deviates – some sex perverts derive sexual stimulation from setting a fire and watching
the flame. Frequently, he is chronic masturbator who stimulates and enhances his sexual
gratification by means of arson.

Public Disturbance
- an offender may resort to arson as a means of a public disturbance because a fire attracts
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 people and destruction causes confusion that gives rise to attendant problems that divert police
attention.

Vandalism
– is a general term denoting intentional burning to destroy properties.

In determining motive, a fire investigator concentrates on three major factors:

1. Points of origin of the fire
2. Modus operandi of the arsonist
3. Identify of persons who might benefits from the fire.
Incendiary Materials
- materials used to start a fire; combustible fuels
1. Arson Chemicals (liquids) – are incendiary materials often used by arsonists as accelerants.
Possess excellent properties. Examples: alcohol, benzene, petroleum ether, gasoline, kerosene,
naptha, turpentine.
2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, propane, these are common
gases resulting in fires from explosion. These when mix with air possess excellent in ignition
properties and when present in an enclosed area can lead to explosion.
3. Solids as chlorates, perchlorates, chromates, bichromates, nitrates, permanganates – are
typical families of oxidizing agents which give off oxygen on decomposition thus aiding in
combustion.

FIRE CODE OF THE PHILIPPINES

Republic Act No. 9514

- Approved on December 19, 2008
- Repealed PD 1185
- known as the "Revised Fire Code of the Philippines of 2008".

Definition of terms
Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and manages the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.

Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the
reaction of nitric acid with a cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose
nitrate (nitro cellulose) as base.

Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth,
waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in
commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).

Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain
chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending
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below the bottom chord of the roof trusses, to divide the underside of the roof into separate
compartments so that heat and smoke will be directed upwards to a roof vent.

Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other
elements produces a rapid drop in temperature of the immediate surroundings.

Damper - A normally open device installed inside an air duct system which automatically closes to
restrict the passage of smoke or fire.
Distillation - The process of first raising the temperature in separate the more volatile from the less
volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified
substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will
cause an explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a
space between two conductors or terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing
without the manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental or protective purposes.

Fire - The active principle of burning, characterized by the heat and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits
or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the
building or fire fighting elements of the presence or danger of fire to enable them to undertake
immediate action to save life and property and to suppress the fire.

Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the
occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the
safeguarding of life and property.

Fire Lane - The portion of a roadway or public way that should be kept opened and unobstructed at all
times for the expedient operation of fire fighting units.

Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons
to include but not limited to built-in protection system such as sprinklers and other automatic
extinguishing system, detectors for heat, smoke and combustion products and other warning system
components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other
garments that may be put on or worn by persons to protect themselves during fire.

Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents,
means of egress, etc. integral to and incorporated into a building or structure in order to minimize
danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are
also designed to achieve, among others, safe and rapid evacuation of people through means of egress
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sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay
their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and
floors. It shall also mean to include the treatment of buildings components or contents with flame
retardant chemicals.

Flash Point - The minimum temperature at which any material gives off vapor in sufficient
concentration to form an ignitable mixture with air.

Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.
Fulminate - A kind of stable explosive compound which explodes by percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or
produces materials which are likely to cause fires or explosions.

Horizontal Exit - Passageway from one building to another or through or around a wall in approximately
the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for
fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consists of combinations of fuels and oxidizers
which ignite spontaneously on contact with each other.
Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of
removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical
system.

Occupancy - The purpose for which a building or portion thereof is used or intended to be used.

Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease
contract with the owner or administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire
when in contact with combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices which draw or consume
electrical current beyond the designed capacity of the existing electrical system.

Owner - The person who holds the legal right of possession or title to a building or real property.

Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support
combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure
prior to discharge into the combustion chamber and/or which includes fans or other provisions for the
introduction of air at above normal atmosphere pressure into the same combustion chamber.

Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather,
or assemble for any purpose.

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Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded,
dedicated or otherwise permanently appropriated for public use.
Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.

Refining - A process where impurities and/or deleterious materials are removed from a mixture in order
to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay
the spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure
metals.

Sprinkler System - An integrated network of hydraulically designed piping installed in a building,

structure or area with outlets arranged in a systematic pattern which automatically discharges water
when activated by heat or combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each
floor, including a system by which water is made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or
building.

Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from
the base to the top of the building.

Collection of Liquid Samples for Accelerant Testing

Liquid accelerants may be collected with
a. New syringe
b. Siphoning device
c. Evidence container itself
d. Sterilize cotton balls or gauge pads may also be used to absorbed the liquid

Where liquid accelerants are believed to have become trapped in porous materials such as concrete
floor:
a. Lime
b. Diatomaceous earth
c. flour

Collection of liquid evidence absorbed by solid materials including soils and sand:
a. Scooping
b. Sawing
c. Scraping
d. Core drilling
Collecting of Solid samples for accelerant testing
Solid accelerant may be common household materials and compounds or dangerous chemicals. When
collecting solid accelerants:
a. The fire investigator must ensure that the solid accelerant is maintained in physical state in
which is found
b. Some incendiary materials remain Corrosive and Reactive
c. Ensure the corrosive nature of these residue does not attack the packaging container

Collection of Gaseous samples

Method of Collection:

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 a. Use of commercially available mechanical sampling device
b. Utilization evacuated air sampling cans. These cans are specifically designed for taking
gaseous samples
c. Use of clean glass bottled filled with distilled water. Distilled water use as it has had most of the
impurities removed from it. This method simply require the investigator poured the distilled
water out of its bottle in the atmosphere to be sampled. As distilled water leaves the bottle it is
replaced by the gaseous sample
Guide on Interpreting the Damage on Electrical Wire

Collection of Electrical Equipment and Components

Before wires are cut, a photograph should be taken of the wires, and the both ends of the wire should be
tagged and cut so that they can be identified as one of the following:
a. The device or appliance to which it was attached or from which it was severed
b. The circuit breaker or fuse number or location to which the wire was attached or from which it
was severed
c. The wire’s path or the route it took between the device and the circuit protector, electrical
switches, receptacles, thermostats, relays, junction boxes, electrical distribution panels, and
similar equipment and components are often collected as physical evidence.

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 (5)

CRIMINAL
SOCIOLOGY

134
 CRIM. 1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES

CRIMINOLOGY
- according to Edwin H. Sutherland, “criminology is the entire body of knowledge regarding
crime as a social phenomenon. It includes within its scope the process of making of laws, of
breaking of laws, and the society’s reaction towards the breaking of laws.”
- Criminology is a body of knowledge regarding crimes, criminals and the efforts of society to
prevent and repress them.
- the scientific study of the causes of crime in relation to man and society who set and define
rules and regulations for himself and others to govern

Criminologist (R.A. 6506)

- any person who is a graduate of the Degree of Criminology, who has passed the
examination for criminologists and is registered as such by the Board of Examiners of the
Professional Regulation Commission (PRC).

Origin of the word “Criminology”

Etymologically, the term criminology came from the Latin word “crimen” meaning crime and
Greek word “Logos” which means “to study”.
In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.
In 1889, Paul Topinard, French Anthropologist, used the term criminology in French criminologie
for the first time

Principal Divisions of Criminology

1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior.
2. Sociology of Law – refers to the investigation of the nature of criminal law and its
administration
3. Penology – the study of the control of crimes and the rehabilitation of offender

Is criminology a science?
According to George Wilker, criminology cannot become a science because it has not yet
acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it
will become a science in the future since the causes of crimes are almost the same which may be
biological, environmental or combination of the two.

Nature of Criminology
1. It is applied science because criminology as a body of knowledge has already established
universally accepted principles and concepts and these are used by other field of study.
(INSTRUMENTATION)
2. It is a social science because it studies crime as a social phenomenon. Crime is a social
problem which has a great impact to society.
3. It is dynamic because the concepts of criminology and their applications adapt to the changing
time.
4. It is nationalistic because the study of criminology takes into consideration the history, the
culture and the social norms and the laws of the country. Each country has its own set of laws
and crimes are defined by the laws of the country.

Scope in the Study of Criminology

1. Study of the origin and development of criminal law
2. Study of the causes of crimes and development of criminals
3. Study of the other sciences that examine criminal behavior using scientific methods such as:

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 criminal demography – the study of the relationship between criminality and population
criminal epidiomology – the study of the relationship between environment and criminality
criminal ecology – the study of criminality in relation to the spatial distribution in a community
criminal physical anthropology – the study of criminality in relation to physical constitution of
men
criminal psychology – the study of human behavior in relation to criminality criminal
psychiatry – the study of human mind in relation to criminality victimology – the
study of the role of the victim in the commission of a crime

CRIMES AND CRIMINALS

CRIME
– refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).
- It also refers to an act committed or omitted in violation of a public law forbidding or
commanding it (Reyes 2006).

CLASSIFICATION OF CRIMES LEGAL

CLASSIFICATIONS:
1. According to law violated
a. Felony – an act or omission punishable by law which is committed by means of
dolo (deceit) or culpa (fault)and punishable under the Revised Penal Code
b. Offense – an act or omission in violation of a special law
c. Infraction – an act or omission in violation of a city or municipal ordinance
2. According to the manner of committing crime:
a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is
called intentional felonies.
• freedom or voluntariness
• intelligence
• intent
b. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious and the injury caused by the
offender is unintentional, it being the simply the incident of another act performed without
malice
• lack of foresight
• lack of skill
• negligence
• imprudence
3. According to the stages in the commission:
a. Attempted – the crime is attempted when the offender commences the commission of
a felony directly or 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 this own
spontaneous desistance.
b. 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.
c. Consummated - when all the elements necessary for its accomplishment and execution
are present
4. According to plurality:
a. Simple Crime – is a single act constituting only one offense.

b. Complex Crime – single act constituting two or more grave felonies or an is a necessary
means for committing the other
Two (2) Kinds of Complex Crime:
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 1. compound crime (delito compuesto)
2. complex crime proper (delito complejo)
5. According to gravity:
a. Grave felonies - are those to which the law attaches the capital punishment or penalties
which in any of their period are afflictive.
b. Less grave felonies - are those which the law punishes with penalties which in their
maximum period are correctional.
c. Light felonies - are infraction of laws for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both is provided.
6. According to the nature of the act:
a. Crimes mala in se – are acts that are inherently evil. Examples are murder, robbery, etc.
b. Crimes mala prohibita – are acts which are prohibited only because there are laws
forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME

1. According to the result of the crime:
a. Acquisitive crime – if the offender acquired or gained something by committing the crime.
Examples are robbery, estafa, bribery, etc.
b. Destructive crime – if the crime resulted in destruction, damage or even death. Examples
are arson, murder and homicide, damage to property, etc.

2. According to the time or period of commission:

a. Seasonal crimes – are crimes that happen only during a particular season or period of the
year. Examples are violation of election law, tax law violations, etc.
b. Situational crimes – are crimes committed when the situation is conducive to the
commission of the crime and there is an opportunity to commit it. Examples are
pickpocketing, theft, etc.

3. According to the length of time of the commission:

a. Instant crimes – are those crimes that can be committed in a very short time.
Example: theft
b. Episoidal crimes – are crimes committed through series of acts or episodes and in much
longer time. Example: serious illegal detention

4. According to place or location:

a. Static crimes – are committed only in one place. examples are theft and robbery
b. Continuing crimes – are crimes that take place in more than one place or several places.
examples: abduction, kidnapping, etc.

5. According to the use of mental faculties:

a. Rational crimes – when the offender is capable of knowing what he is doing and
understanding the consequences of his actions.
b. Irrational Crimes – when the offender suffers from any form of mental disorders, insanity or
abnormality. Thus, the offender doesn’t know what he is doing.

6. According to the type of offender:

a. White Collar Crimes – crimes committed by those persons belonging to the upper socio-
economic status or in the course of his occupational activities.
b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of
livelihood.

CRIMINAL
- in the legal sense, a criminal is any person who has been found to have committed a
wrongful act in the course of the standard judicial process; there must be a final verdict of

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 his guilt
- in the criminological sense, a person is already considered a criminal the moment he
committed a crime

CLASSIFICATIONS OF CRIMINALS
1. According to etiology
a. Acute criminal – is a person who committed crime as a result of reacting to a situation or
during a moment of anger or burst of feeling.
b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.
1. Neurotic criminal – is one who has mental disorder.
2. Normal criminal – a person who commits crimes because he looks up to, idolizes
people who are criminals.
2. According to the type of offender:
a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or
technical skill
b. Organized criminal – is one who possesses some skills and know-how which enable him to
commit crimes and evade detection.
c. Professional criminal – a highly skilled criminals which are engaged in a large scale criminal
activities ad usually operate in groups.
3. According to criminal activities:
a. Professional criminal – a criminal who earns his living through criminal activities.
b. Situational criminal – a person who got involved in criminal act because the situation
presented itself.
c. Habitual criminal – one who repeatedly commits criminal act for different reasons.
d. Accidental criminal – a person who accidentally violated the law due to some
circumstances.
STUDY OF CRIMINAL LAW
EVOLUTION OF CRIMINAL LAWS
A) PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
- punishment may be in the form of ostracism and expulsion
- adultery may be punished by the aggrieved husband who may kill the adulterer and his own
offending wife
- crime may be avenged by the victim himself or by the victim’s family

B) THE EARLY CODES

1) CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first
codifier of laws
- it provides the first comprehensive view of the laws in the early days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit for tat”,(an eye for an eye, tooth for a tooth) appears
throughout the Code
- under the principle of the law of talion, the punishment should be the same as the harm
inflicted on the victim

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

3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the seventh century BC
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4) LAWS OF SOLON
- Solon was appointed archon and was given legislative powers
- Solon repealed all the laws of the Code of Drakon, except the law on homicide
- Solon was one of the first to see that a lawgiver had to make laws that applied equally to all
citizens and also saw that the law of punishment had to maintain proportionality to the crimes
committed

5) ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the middle of the sixth century
BC
- the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians

CRIMINAL LAW
– is that branch of public law which defines crimes treats of their nature and provides for their
punishment.

Revised Penal Code or Act No. 3815

– book that contains the Philippine Criminal Law and different special laws and decrees which
are penal in nature. It is called as RPC because the old penal code which took effect in the country on
July 14, 1887 and was in force until Dec. 31, 1931 was revised by the Committee created by
Administrative Order No. 94 of the Department of Justice, dated Oct. 18, 1927, composed of Anacleto
Diaz as Chairman, Alex Reyes and Mariano de Joya as members.The RPC was approved on Dec. 8,
1930 and took effect on January 1, 1932.

Principal Parts of the RPC

It is composed of two books; book one which is composed of Articles 1-113 and book two
covering Articles 114-367.
a. Articles 1-20 – principles affecting criminal liability
b. Articles 21-113 – penalties including criminal and civil liability
c. Articles 114-367 – felonies

Characteristics of the RPC

1. Generality – the law is applicable to all persons within the territory irrespective of sex,
race, nationality or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country
c. Foreign troops permitted to march within the territory
2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial
jurisdiction.
a. Philippine archipelago – all the islands that comprise the Philippines
b. Atmosphere water – all bodies of water that connect all the islands such
as bays, rivers and streams
c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore
measured at low tide

EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE:

The Revised Penal Code shall be applicable to all cases committed outside the Philippine
territorial jurisdiction under the following circumstances:
a) should commit an offense while on Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations
and securities issued by the government of the Philippines;

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 c) while being a public officer or employee, should commit an offense in the exercise of their
functions’
d) should commit any of the crimes against national security and law of nations

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet
punishable on the time the felony was committed. However, it may have a retroactive
effect if it is favorable to the accused who is not a habitual delinquent.

4. It is specific and definite.

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

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

6. There must be a penal sanction or punishment.

Penal sanction is the most essential part of the definition of the crime. If there is no
penalty to a prohibited act, its enforcement will almost be impossible. The penalty is acting as a
deterrence and as a measure of self-defense of the state to protect society from the threat and
wrong inflicted by the criminal.
SCHOOLS OF THOUGHT IN CRIMINOLOGY
School of Thought – refers to a group of beliefs or ideas that support a specific theory.

Theory – set of statements devised to explain behavior, events or phenomenon, especially one that
has been repeatedly tested and widely accepted.

1. DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact that he
was possessed by demons.

2. CLASSICAL SCHOOL OF CRIMINOLOGY

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

Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)

- best known for his essay, “On Crimes and Punishment” which presented key ideas on the
abolition of torture as legitimate means of extracting confession.
- His book contains almost all modern penal reforms but its greatest contribution was the

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 foundation it laid for subsequent changes in criminal legislation
- his book was influential in the reforms of penal code in France, Russia, Prussia and it
influenced the first ten amendments to the US Constitution

Beccaria believed that:

a. people want to achieve pleasure and avoid pain.
b. Crime provides some pleasure to the criminal.
c. To deter crime, he believed that one must administer pain in an appropriate amount to
counterbalance the pleasure obtain from crime.
d. Famous in sayings “ Let the punishment fit the crime”

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE
SYSTEM
1. In forming a human society, men and women sacrifice a portion of their libery so as to enjoy
peace and security.
2. Punishments that go beyond the need of preserving the public safety are in their nature unjust.
3. Criminal laws must be clear and certain. Judges must make uniform judgments in similar
crimes.
4. The law must specify the degree of evidence that will justify the detention of an accused
offender prior to his trial.
5. Accusations must be public. False accusations should be severely punished.
6. To torture accused offenders to obtain a confession is inadmissible.
7. The promptitude of punishment is one of the most effective curbs on crime.
8. The aim of punishment can only be to prevent the criminal from committing new crimes against
his countrymen, and to keep others from doing likewise. Punishments, therefore,
and the method of inflicting them, should be chosen in due proportion to the crime, so as to
make the most lasting impression on the minds of men…
9. Capital punishment is inefficacious and its place should be substituted life imprisonment.
10. It is better to prevent crimes than to punish them. That is the chief purpose of all good
legislation.

Jeremy Bentham (1748-1832)

- his contribution to classical school of criminology is the concept of utilitarianism and the
felicific calculus.
- proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek
pleasure and avoid pain.
- founded the concept of UTILITARIANISM – assumes that all our actions are calculated in
accordance with their likelihood of bringing pleasure and pain
- devised the pseudo-mathematical formula called “felicific calculus” which states that
individuals are human calculators who put all the factors into an equation in order to decide
whether a particular crime is worth committing or not
- he reasoned that in order to deter individuals from committing crimes, the punishment, or
pain, must be greater than the satisfaction, or pleasure, he would gain from committing the
crime

Utilitarianism
– is a philosophy which argues that what is right is the one that would cause the greatest good
for the greatest number of people.
- others refer to it as the greatest happiness principle or the principle of utility.
- from this principle, Bentham formulated the “felicific calculus”.

Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals
calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he

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would derive from doing the action.

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

4. POSITIVIST SCHOOL OF CRIMINOLOGY

- The term “ positivism”, refers to a method of analysis based on the collection of
observable scientific facts.
- Positivists believe that causes of behavior can be measured and observed.
- It demands for facts and scientific proof, thus, changing the study of crimes and criminals
into scientific approach.
- Positive theorists were the first to claim the importance of looking at individual difference
among criminals. These theorists who concentrated on the individual structures of a person,
stated that people are passive and controlled, whose behaviors are imposed upon them by
biological and environmental factors.

August Comte
- was a French philosopher and sociologist and is believed to be the one who reinvented the
French term sociologie.
- he was recognized as the “Father of Sociology and Positivism”.
THE (UN) HOLY THREE (3) OF CRIMINOLOGY
1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo

Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas are now
discredited
- known for the concept of atavistic stigmata (the physical features of creatures at an earlier
stage of development).
- he claimed that criminals are distinguishable from non-criminals due to the presence of
atavistic stigmata and crimes committed by those who are born with certain recognizable
heredity traits.
- according to his theory, criminals are usually in possession of huge jaws and strong canine
teeth, the arm span of criminals is often greater than their height, just like that of apes who use
their forearms to push themselves along the ground.

- other physical stigmata include deviation in head size and shape, asymmetry of the face,
excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual
size, nose twisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy
lips, swollen and protruding, and pouches in the cheek like those of animal’s toes

- Lombroso’s work supported the idea that the criminal was a biologically and physically inferior
person

- according to him, there are three (3) classes of criminals:

a. born criminals – individuals with at least five (5) atavistic stigmata

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 b. insane criminals – those who became criminals because of some brain defect which
affected their ability to understand and differentiate what is right from what is wrong.
c. criminaloids - those with makeup of an ambiguous group that includes habitual
criminals, criminals by passion and other diverse types

Enricco Ferri
- he focused his study on the influences of psychological factors and sociological factors
such as economics, on crimes.
- He believed that criminals could not be held morally responsible because they did not choose to
commit crimes, but rather were driven to commit crimes by conditions in their lives.

Raffaelle Garofallo
- He treated the roots of the criminals’ behavior not to physical features but to their psychology
equivalent, which he referred to as moral anomalies.
- He rejected the doctrine of freewill.
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious
Criminals.

THEORIES OF CRIME CAUSATION

1. BIOLOGICAL THEORIES
- this refers to the set of theories that point to physical, physiological and other natural factors
as the causes for the commission of crimes of certain individuals.
- This explanation for the existence of criminal traits associates an individual’s evil
disposition to physical disfigurement or impairment.

a. Physiognomy – the study of facial features and their relation to human behavior.

1. Giambiatista dela Porta

- founder of human physiognomy
- according to him criminal behavior may be predicted based on facial features of the
person.
2. Johann Kaspar Lavater
- supported the belief of dela Porta
- he believed that a person’s character is revealed through his facial characteristics.

b. Phrenology, Craniology or Cranioscopy – the study of the external formation of the skull in
relation to the person’s personality and tendencies toward criminal behavior.

1. Franz Joseph Gall

- he developed cranioscopy which was later renamed as phrenology.

2. Johann Kaspar Spurzheim

- assistant of Gall in the study of phrenology.
- he was the man most responsible for popularizing and spreading phrenology to a
wide audience

c. Physiology or Somatotype – refers to the study of body build of a person in relation to his
temperament and personality and the type of offense he is most prone to commit.
1. Ernst Kretschmer
- he distinguished three (3) principal types of physiques: asthenic, athletic, pyknik and
dysplastic.

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 a. asthenic – characterized as thin, small and weak.
b. athletic – muscular and strong.
c. pyknic – stout, round and fat.
d. dysplastic – combination of two body types

2. William Herbert Sheldon

formulated his own group of somatotype: ectomorph, mesomorph and endomorph.
a. ectomorph – tall and thin and less social and more intellectual than the other
types.
b. mesomorph – have well-developed muscles and an athletic appearance.
c. endomorph – heavy builds and slow moving.

d. Heredity – the transmission of traits from parents to offspring.

1. Richard Louis Dugdale
- conducted a study of the Jukes family by researching their family tree as far back
200 years. He discovered that most of the ascendants of the Jukes were criminals.
2. Henry Goddard
- he traced the descendants of the Martin Kallikak from each of his two wives and
found a distinct difference in termsof quality of lives of descendants. He coined the
term “moron”.
3. Charles Goring
- he believed that criminal traits can be passed from parents to offspring through the
genes.
- he proposed that individuals who possess criminal characteristics should be
prohibited from having children.

INTELLIGENCE AS A FACTOR IN CRIMINALITY

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

ALFRED BINET – a French psychologist who developed the first IQ test.

- the test measured the capacity of individual children to perform tasks or solve problems in
relation to the average capacity of their peers.

2. PSYCHOLOGICAL THEORIES
- refers to the theories that attribute criminal behavior of individuals to psychological factors,
such as emotion and mental problems.

a. Sigmund Freud
- he is recognized as the FATHER OF PSYCHOANALYSIS
- known for his psychoanalytic theory
- according to him, criminality is caused by the imbalance of the three (3) components
of personality: the id, the ego, and the superego.
- according to him there are three parts of personality:
1. ID – this stands for instinctual drives; it is governed by the “pleasure principle”; the id
impulses are not social and must be repressed or adapted so that they may become
socially acceptable
2. EGO – this is considered to be the sensible and responsible part of an individual’s
personality and is governed by the “reality principle”; it is developed early in life and
compensates for the demands of the id by helping the individual guide his actions to

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 remain within the boundaries of accepted social behavior; it is the objective, rational part
of the personality

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

values were taught by the parents, the school and the community, as well as belief in
God; it is largely responsible for making a person follow the moral codes of society

3. SOCIOLOGICAL THEORIES
- sociological factors refer to things, places and people with whom we come in contact with and
which play a part in determining our actions and conduct. These causes may bring about the
development of criminal behavior.

a. Emile Durkheim
- he stated that crime is a normal part of the society just like birth and death.
- proposed the concept of “anomie” or the absence of social norms. It is
characterized by disorder due to lack of common values shared by individuals,
lack of respect for authority and lack of appreciation for what is acceptable and
not acceptable in a society.
b. Gabriel Tarde
- introduced the theory of imitation which proposes the process by which people
become criminals.
- according to this theory, individuals imitate the behavior of other individuals
based on the degree of their association with other individuals and it is inferior or
weak who tend to imitate the superior and strong.

c. Adolphe Quetelet and Andre Michael Guerry

- He repudiated the free will doctrine of the classicists
- founder of cartographic school of criminology.
- founder of moral statistics.
- cartographic school of criminology made use of statistical data such as
population, age, gender, occupation, religious affiliations and social economic
status and studies their influences and relationship to criminality.
MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION
- environmental factors such as the kind of rearing or family upbringing, quality of teaching in
school, influences of peers and friends, conditions of the neighborhood, and economic and
other societal factors are believed to be contributory to crime and criminal behavior.

1. SOCIAL STRUCTURE THEORIES

- refers not only to the physical features of the communities but also to the way society is
organized.
- include such things as level of poverty and unemployment and the amount of crowded
housing which are believed to affect behavior and attitudes of individuals which in turn
contribute to their commission of crimes.
- also called social environment
- includes social disorganization theory, strain theory and cultural deviance theory.

a. Social Disorganization Theory

- popularized by Clifford Shaw and Henry McKay.
- according to this theory, crimes in urban areas are more prevalent because residents
have impersonal relationships with each other.
- increase in the number of broken families and single parenthood are also very common
in disorganized communities.
- another feature of disorganized community is poverty as evidenced by poor living

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 conditions such as rundown houses, unsanitary and unsightly streets and high
unemployment rates.

b. Strain Theory
- strain refers the individual’s frustration, anger and resentment.
- holds that crime is a function of the conflict between the goals people have and the
means they can use to legally obtain them. This also argues that the ability to obtain
these goals is class dependent; members of the lower class are unable to achieve these
goals which come easily to those belonging to the upper class. Consequently, they feel
anger, frustration and resentment, referred to as STRAIN.

c. Cultural Deviance Theory

- gives emphasis on the concept of culture and sub-culture.
- according to this theory, because people in the lower class feel isolated due to
extreme deprivation or poverty, they tend to create a sub-culture with its own set of
rules and values. This is characterized by deviant behavior which results in criminal
behavior among its members.
2. SOCIAL PROCESS THEORY
- refers to a group of theories which point to the individual’s socialization process as the cause
for the commission of crimes. These theories cite interaction with people and experiences and
exposure to different element in the environment as primary factors to criminality.
- under this theory is the social learning theory which in turn has three (3) sub-theories:
differential association theory, differential reinforcement theory and neutralization theory .

a. Differential Association Theory

- formulated by Edwin Sutherland
- this theory states that criminal behavior is learned through socialization.
- criminal behavior is learned in interaction with other persons in a process of
communication.

b. Differential Reinforcement Theory

- according to this theory, individual’s behavior depends on how people around him react
toward s his behavior.
- an act that is rewarded is repeated; an act that is punished will be avoided.
c. Neutralization Theory
- introduced by David Matza and Gresham Sykes.
- sometimes referred to as “drift theory”
- according to this theory, people know when they are doing something wrong, however, they
rationalize and justify their actions. This rationalizing is what we called “neutralization”.

3. SOCIAL REACTION THEORY

- more commonly called labeling theory.
- it states that people become criminals when significant members of society label them as such
and they accept those labels as a personal identity.

4. SOCIAL CONTROL THEORIES

- maintain that everyone has the potential to become criminal but most people are controlled by
their bonds to society.
- social control refers to the agencies of social control such as family, school, religion or church,
government and laws and other identified authorities in society.
- there are two (2) sub-theories: containment theory and social bond theory.

a. Containment Theory
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 - proposed by Walter Reckless
- he stated that inner and outer containments help prevent juvenile offending.
- containment means the forces within and outside the individual that has the power
to influence his actions.
- inner containments include positive self-concept, tolerance for frustration and an
ability to set realistic goals.
- outer containments include family.

b. Social Bond Theory

- propagated by Travis Hirschi
- this theory views crime as a result of individuals with weakened bonds to social
institutions.
- according to this theory, there are four (4) elements of social bonds:
attachment, commitment, involvement and belief.

d. attachment – refers to the degree to which an individual care about the opinions
of others.
e. commitment – refers to an individual’s investment of enrgy and emotion in
conventional pursuits, such as getting good grades.
f. involvement – refers to the amount of time an individual spends on a
conventional pursuit.
g. belief – refers to acceptance of the norms of conventional society.

CRIME STATISTICS
- refers to the measure of the level or amount of crimes.
- The collection or study of numerical data of crimes recorded/reported to the police.
- it uses the terms index crimes and non-index crimes in classifying crimes.
Index crimes are crimes which are sufficiently significant and which occur with sufficient regularity to
be meaningful, such as murder, homicide, physical injury, robbery, theft and rape. Non-index crimes are
crimes that are not classified as index crimes. Violations of special laws and other crimes against
moral and order. These crimes are generated from the result of positive police initiated operations.

STATISTICAL FORMULA:
1. Crime Solution Efficiency (CSE) – percentage of solved cases out of the total number of
reported crime incidents handled by the police for a given period of time. It is a general measure
of law enforcement agency’s investigative capability or efficiency.

Formula:

𝑁𝑜. 𝑜𝑓 𝑆𝑜𝑙𝑣𝑒𝑑 𝐶𝑎𝑠𝑒𝑠

CSE = { } 𝑋 100
𝑇𝑜𝑡𝑎𝑙 𝑁𝑜. 𝑜𝑓 𝑅𝑒𝑝𝑜𝑟𝑡𝑒𝑑 𝐶𝑎𝑠𝑒𝑠

2. Crime Rate – the number of incidents in a given period of time for every 100, 000 inhabitants of
an area/place.

Formula:
𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒
CR = { } 𝑋 100, 000
𝑃𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛

3. Average Monthly Crime Rate (AMCR) – the average number of crime incidents occurred per

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 month for every 100, 000 inhabitants in a certain area.

Formula:

𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒
AMCR = { } 𝑋 100, 000 ÷ 𝑛𝑜. 𝑜𝑓 𝑚𝑜𝑛𝑡ℎ𝑠
𝑃𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛

4. Variance (or % change) – one way of analyzing crime trends. It measures the percentage change
over a given period of time.

Formula:

𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝑑𝑎𝑡𝑎 − 𝑝𝑟𝑒𝑣𝑖𝑜𝑢𝑠 𝑑𝑎𝑡𝑎

={ } 𝑋 100
𝑝𝑟𝑒𝑣𝑖𝑜𝑢𝑠 𝑑𝑎𝑡𝑎
5. Crime Analysis

a. Percentage Share of Crime Volume of a Certain Area

Formula:

𝐶𝑟𝑖𝑚𝑒 𝑣𝑜𝑙𝑢𝑚𝑒 𝑜𝑓 𝑎 𝑐𝑒𝑟𝑡𝑎𝑖𝑛 𝑎𝑟𝑒𝑎

={ } 𝑋 100
𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒 𝑁𝑎𝑡𝑖𝑜𝑛𝑤𝑖𝑑𝑒

b. Percentage Share of the Occurrence of a Type of Crime

Formula:
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑜𝑐𝑐𝑢𝑟𝑒𝑛𝑐𝑒𝑠 𝑜𝑓 𝑎 𝑡𝑦𝑝𝑒 𝑜𝑓 𝑐𝑟𝑖𝑚𝑒
{ } 𝑋 100
𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒 𝑁𝑎𝑡𝑖𝑜𝑛𝑤𝑖𝑑𝑒

CRIM. 2: CRIMINAL JUSTICE SYSTEM

CRIMINAL JSUTICE SYSTEM

- comprise all the means used to enforce those standards of conduct which are deemed
necessary to protect individuals and to maintain general community well being.
- The sum total of instrumentation which a society uses in the prevention and control of crime and
delinquency.

- The machinery of the state or government which enforces the rules of conduct necessary to
protect life and property and to maintain peace and order.

- Comprises all means used to enforce these standards of conduct, which are deemed
necessary to protect individuals and to maintain general well-being of the community.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

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1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

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

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Basis of the Criminal Justice System
Criminal Law is the basis that takes place in the Criminal Justice System.
Only violations of Criminal Law are being considered and processed in the Criminal Justice
System. Where no violation of Criminal Law or where no commission of the crime, in general, Criminal
Justice as a process will not operate.

CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their punishment.

TWO CLASSIFICATION OF CRIMINAL LAW

A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
B. PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the Substantive
Criminal Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL JUSTICE
SYSTEM IN THE PHILIPPINES
A. First is the “presumption of innocence”. This means that those who are accused of crimes are
considered innocent until proven guilty. The accused is entitled to all the rights of the citizens
until the accused’s guilt has been determined by the court of law or by the accused’s
acknowledgment of his guilt that he or she indeed committed the crime.
B. The second principle is “the burden of proof” which in criminal cases means that the
government must prove beyond “reasonable doubt” that the suspect committed the crime

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused shall be presumed
innocent until proven guilty.
CONCEPT OF PROOF BEYOND REASONABLE DOUBT
In order to make sure that only those who are guilty of the crime as punished, our Rules on
Evidence provides that the evidence, in order to be sufficient to convict an accused for a criminal act,

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proof beyond reasonable doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he is
entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of
error, produces absolute certainty. Moral certainty is only required, or that degree of proof which
produces conviction in an unprejudiced mind.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

CRIMINAL may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from the time he or she
committed the crime regardless whether or not it has been reported to the Police for
investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial process
and upon determination by the Court that he or she is guilty beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process
and went through all the pillars of the Criminal Justice System
THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE
CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged
and the judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can
really be considered as a CRIMINAL.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF ABSOLUTELY

1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO ADMINISTER
JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

The three components of the Criminal Justice System in the United States:
1. Law Enforcement
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2. Courts
3. Corrections

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the Department
of the Interior and Local Government (DILG); while the National Bureau of Investigation is an
agency attached to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional body
independent from even the three major and co equal branch of the government;
3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and Special
Criminal Courts, are under the Supervision and control of Supreme Courts. Although, judges of
the Municipal Trial Courts, Municipal Circuit Trial Courts, at times are tasked to perform
executive functions when they are conducting Preliminary Investigation which is primarily an
Executive function.
4. The Correctional Institutions are either under the DOJ or DILG.
- The Bureau of Prison or the National Penitentiary is under the DOJ;
- By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP) is in charge of the
City or Municipal Jails while the Provincial government is in charge of the Provincial jails. Both
are under the DILG.
PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM
1. Primary goals
a. Maintenance of peace and order
b. Protect members of the society
2. Secondary goals or sub-goals
a. Prevention of crime
b. The review of the legality of preventive and suppressive measures.
c. The judicial determination of guilt or innocent of those apprehended.
d. The proper disposition of those who have been legally found guilty.
e. The correction by socially approved means of the behavior of those who violate the
criminal law.
f. The suppression of criminal conduct by apprehending offenders for whom prevention is
ineffective.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

1. The Adversarial Approach
The adversarial approach assumes innocence. The prosecutor representing the State must
prove the guilt. The adversary approach requires that the proper procedures are followed,
procedures designed to protect the rights of the accused.
The adversary system embodies the basic concept of equal protection and due process. These
concepts are necessary in order to create a system in which the accused has a fair chance
against the tremendous powers of the prosecutors and the resources of the State.
2. The Inquisitorial approach:
The inquisitorial system assumes guilt; the accused must prove that they are innocent. The
inquisitorial approach places a greater emphasis on conviction rather than on the process by
which the conviction is secured.

The philosophy adopted in our Criminal Justice System is the Adversarial Approach. CONCEPT

OF DUE PROCESS OF LAW

The concept of due process means that those who are accused of the crimes and those who
are processed through the Criminal Justice System must be given the basic rights guaranteed
by the Constitution.

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 Criminal due process requires that the accused be tried by an impartial and competent court in
accordance with the procedure prescribed by law and with proper observance of all the rights
accorded to him under the Constitution and applicable statute.
CONCEPT OF EQUAL PROTECTION
The equal protection clause in essence declares that the state may not attempt to create or
enforce statutes against a person solely because of specific characteristics such as race, age or
sex

I. LAW ENFORCEMENT – The First Pillar in the administration of the Criminal Justice System

Law Enforcement in relation to CJS

The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover” of
the Criminal Justice System. It is considered as “the initiator of the actions” that other pillars must act
upon to attain its goal or objective.
Examples of police initiating action:
a. effecting an arrest
b. surveillance
c. crime investigation

THE GENERAL FUNCTIONS OF THE LAW ENFORCEMENT IN RELATION TO THE

ADMINISTRATION OF THE CJS
a. To prevent criminal behavior.
b. To reduce crime.
c. To apprehend and arrest offenders.
d. To protect the life and property.
e. To regulate non-criminal conduct.

PHILIPPINE NATIONAL POLICE

- organized pursuant to RA 6975, as amended by RA 8551

PERTINENT LAWS ON PNP:

RA 6975 - “DILG Act of 1990” - Approved on Dec 13, 1990
RA 8551 - “PNP Reform and Reorganization Act of 1998.
- Approved on February 25, 1998.
RA 9708 - “An Act extending for 5 years the reglementary period for complying the minimum
educational qualification for appointment to the PNP and adjusting the promotion system thereof”.
Approved on August 12, 2009

The Philippine National Police is a law enforcement agency under the DILG. It is under administrative
control and operational supervision of the National Police Commission. It is an organization that is
national in scope and civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine
Constitution:

“The state shall establish and maintain one police force which shall be national in scope and civilian in
character…”
-headed by the Chief, PNP, with the rank of Director General, appointed by the President and
who shall serve a term of office of four (4) years.

NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction covers the entire
breadth of the Philippine archipelago.
- all uniformed and non-uniformed personnel of the PNP are national government employees.

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CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some military attributes such
as discipline.

POWERS AND FUNCTIONS OF THE PNP

-Enforce all laws and ordinances relative to the protection of lives and properties;
-Maintain peace and order and take all necessary steps to ensure public safety;
-Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and
assist in their prosecution;
-Exercise the general powers to make arrest, search and seizure in accordance with the Constitution
and pertinent laws;
-Detain an arrested person for a period not beyond what is prescribed by law, informing the person so
detained of all his rights under the Constitution;
-Issue licenses for the possession of firearms and explosives in accordance with law;
-Supervise and control the training and operations of security agencies and issue licenses to operate
security agencies and to security guards and private detectives, for the purpose of their professions.

NATIONAL BUREAU OF INVESTIGATION

-The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon
- approval of Commonwealth Act No. 181 by the legislature
-Tasked with organizing a Division of Investigation or DI patterned after the United States Federal Bureau
of Investigation were Thomas Dugan, a veteran American police captain from the New
York Police Department and Flaviano C. Guerrero, the only Filipino member of the United States
Federal Bureau of Investigation.
-On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of
Investigation. Later, it was amended by Executive Order No. 94 issued on October 4, 1947 renaming it
to what it is presently known, the National Bureau of Investigation (NBI).
-The NBI is a government entity that is civilian in character, and national in scope which is under the
Department of Justice.

FUNCTIONS OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both on its own
initiative and as public interest may require;
2. Assist, when officially requested in the investigation or detection of crimes and other offenses;
3. Act as national clearing house of criminal records and other information for use of all
prosecuting and law enforcement entities in the Philippines, of identification records of
identifying marks, characteristics and ownership or possession of all firearms and test
bullets fired therefrom;
4. Give technical help to all prosecuting and law enforcement offices, agencies of the
government, and courts which may ask for its services;
5. Extend its services in the investigation of cases of administrative or civil in nature in which the
government is interested;
6. Establish and maintain an up-to-date scientific crime laboratory and conduct researches in
furtherance of scientific knowledge in criminal investigation;
7. Coordinate with other national or local agencies in the maintenance of peace and order;
8. Undertake the instruction and training of a representative number of city and municipal peace
officers at the request of their respective superiors along effective methods of crime
investigation and detection in order to insure greater efficiency in the discharge of their duties.

POLICE RULES AND FUNCTIONS IN THE SOCIETY

Basically, the role of the police in society is crime prevention which is the main goal of the CJS.

CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF CJS

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Through crime detection, the police is typically the first component of the justice system to deal with
the commission of the crime.

How are crime detection usually happens?

The detection of crime usually occurs in the following manner:
a. The most typical way that crimes come to the attention of the police is for the victim to report
its occurrence to the police
b. A less typical way for the police to be advised of the crime is through the reporting of someone
who has witnessed its commission or has come upon evidence indicating that a crime has
been committed;
c. The police themselves, through their routine operations discover that a crime has been
committed or witness its commission

MEANING OF ARREST:
– Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

IMPORTANCE OF ARREST IN THE ADMINISTRATION OF CJS

Arrest is important in the administration of Criminal Justice System because if the accused is not
arrested, the court will not acquire jurisdiction over his person unless the person voluntarily surrenders
himself to the authorities.
PROBABALE CAUSE IN EFFECTING ARREST
Probable cause with respect to arrest is such a fact and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed by the person
sought to be arrested.

SEARCH WARRANT
It is an order in writing issued in the name of the people of the Philippines signed by the judge
and directed to the peace officer, commanding him to search for personal property and bring it before
the court.

REQUISITIES FOR THE ISSUANCE OF WARRANT OF ARREST

A search warrant shall be issued only upon (a) upon probable cause (b) in connection with one
specific offense ( c) to be determined personally by the judge (d) after examination under oath or
affirmation of the complainant and the witnesses he may produce and (e) particularly describing the
place to be search and the thing to be seized.

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

GENERAL RULE IN EFFECTING AN ARREST:

The general rule in effecting an arrest is simply to make an arrest when there is a warrant.
Reason:
a. For the protection of the person making the arrest in order not to be charged criminally for
violation of Article 124 of the Revised Penal Code, and other related penal laws;
b. and also for any civil and administrative charges.

EXCEPTION TO THE GENERAL RULE:

The exception to the general rule is provided by the Revise Rules on Criminal Procedures (Rule
113, Section 5)

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Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant,
arrest a person:
(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 just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.

GENERAL RULE IN EFFECTING SEARCH AND SEIZURE:

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly issued
search and warrant.

The Reason:
a. For the protection of the searcher not to be charged of a crime of theft, robbery and the like;
b. And for any civil and administrative liabilities
EXCEPTIONS:
a. Warrantless search incidental to a lawful arrest
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

EVIDENCE OBTAINED IN VIOLATION OF THE RULE ON ARREST AND SEARCH AND SEIZURE IS NOT
ADMISSIBLE AS EVIDENCE AGAINST THE ACCUSED
The evidence obtained is not admissible against the accused in any proceedings. The rule not
admitting any unlawfully obtained evidence against the accused is referred to “the exclusionary rule”
because the same is said to be “the fruit of the poisonous tree”.

CRIMINAL INVESTIGATION
Is an art, which deals with identity and location of the offender and provides evidence of his
guilt in criminal proceedings.

Importance of Criminal Investigation in the Administration of CJS

Criminal Investigation is important in the administration of the CJS because one of the purpose
of criminal investigation is to gather and preserve evidence that will both justify their enforcement
action in particular case as well as enable the fact finding process of the courts and the prosecution of
the case successfully and obtain conviction.

Republic Act No. 7438, April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF CJS

As defined by Kenneth Culp Davis, discretion means the freedom to make a choice among
possible courses of action.
By the very nature of their work, police officers normally make critical decisions involving the life,
liberty, honor and property of citizens, and these requires discretion on their part.

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SOME OF THE EXAMPLES OF POLICE DISCRETION:
a. Whether or not to enforce a specific law;
b. Whether or not to conduct search of people or building
c. Whether or not to effect an arrest;
d. To determine what charges are to be filed

II. PROSECUTION – The second Pillar of the Criminal Justice System

PROSECUTION AS A PILLAR OF THE CJS

The Prosecution as the pillar of the CJS simply means “a criminal action”. A proceeding
instituted and carried on by due course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with a crime.
It is also used to designate the government as the party to the proceeding in a criminal
action.

IN PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION?

In the Philippines, the prosecutor is the government officer, tasked to conduct the prosecution
of criminal actions in court. The Revised Rules of Court expressly provides that the prosecution has the
direction and control of the case.
Although in the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is
absent, the offended party, any peace officer, or public officer charged with the enforcement of the law
violated may prosecute the case. But such authority shall cease upon actual intervention of the
prosecutor r upon elevated to the RTC.
NATIONAL PROSECETION SERVICE (NPS)
The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government. Its most important function in the Criminal Justice System is to
maintain and recognize the rule of law through the speedy delivery of services particularly in the
investigation and prosecution of all crimes under the Revised Penal Code, Presidential Decrees and
other special penal laws.

SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation
b. To make proper recommendation during the inquest of the case referred to them by the police
after the investigation of the suspect;
c. To represent the government or state during the prosecution of the case against the accused;
d. To act as a legal officer of the province or City in the absence of its legal officer;
e. To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors,
including the support staff of the National Prosecution Service (NPS).

PRELIMINARY INVESTIGATION:
It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground
to engender a well founded belief that a crime has been committed and that the respondent is probably
guilty thereof, and be held for trial (Section 1, Rule 112, Rules of Court).

PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION

a. To determine whether a crime has been committed and whether there is probable cause to
believe that the accused is guilty thereof;
b. To secure the innocent against hasty, malicious and oppressive prosecution.
c. To protect the State from useless and expensive trials.

CAN THERE BE PRELIMINARY INVESTIGATION?

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 Preliminary Investigation is required to be conducted before the filing of the Complaint or
Information for an offense where the penalty prescribed by law is at least four (4) years, two
(2) months and one (1) day without regard to the fine.

INSTANCE WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED TO BE CONDUCTED EVEN IF THE

CRIME IS ONE THAT REQUIRES PRELIMINARY INVESTIGATION
When the offender was arrested without a warrant, an Inquest investigation will be conducted
by the inquest investigator. There is no need to conduct Preliminary Investigation, unless the person
arrested ask for Preliminary Investigation. However, before the same can be done, he must sign a
waiver under the provision of Art. 125 of the Revised Penal Code.
An INQUEST shall refer to an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant
issued by the court for the purpose of determining whether or not said person should remain under the
custody and correspondingly charged in court.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial or City Prosecutors and their assistants;
b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.

OTHERS OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION:

a. The Ombudsman and special prosecutor ad prosecutors duly authorized by the Ombudsman
with respect to cases under its jurisdiction (ex. Anti-graft and corrupt practices act.)
b. The COMELEC with respect to cases in violation of the Election Law;
c. Private Lawyers when duly deputized by any of the above.

PROSECUTOR’S DISCRETION:
a. Whether or not to file the case in court;
b. What charges to file;
c. Whether or not to decline to prosecute the arrested party;
d. Whether or not to enter into plea-bargaining

SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL OF SOME CRIMINAL

CASES:
a. Insufficient evidence that results from a failure to find sufficient physical evidence that links the
defendant to the offense.
b. Witness problem that arise for example, when a witness fails to appear, gives unclear or
inconsistent statements, is reluctant to testify, is unsure of identity of the offender.
c. Due Process Problems that involves the violations of the Constitutional requirements for
seizing evidence and for the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO PROSECUTE A
CRIME:
a. File a motion for consideration
b. File an administrative case against the Prosecutor;
c. File a civil case against the Prosecutor;
d. File a criminal case against the Prosecutor

III. COURT – The third pillar of the Criminal Justice System

General functions of the Courts in relation of the CJS:

1. To protect the rights of the accused – the courts are responsible for reviewing the actions of law
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 enforcement agencies to ensure that the police have not violated the rights of the accused;
2. To determine by all legal means whether a person is guilty of a crime – review all the evidences
presented by the police to determine its relevance and admissibility in accordance with the
Constitution and the rules of Court;
3. To dispose properly of those convicted of the crimes – the Courts have the responsibility to
examine the background of the accused and the circumstances of the crime;
4. To protect the society – after the accused has been found guilty, the court may determine if the
offender should be removed from society and incarcerated in order to protect the safety of life
and property and this is specially in case of Probation;
5. To prevent and reduce criminal behavior –this is the task properly imposing the proper penalty
and sanctions that will serve to deter the future criminal acts by the offender an also serve as
an example and deterrent to others who would commit criminal acts or threaten public safety.

IMPORTANCE OF THE COURTS IN THE ADMINISTRATION OF CJS:

Because the Court is the final arbiter of all disputes involving violations of criminal law.
Basic is the principle in law that we are a government of law and that no one should put the law
into one’s own hand. Otherwise, our Society will be one where chaos and anarchy reign supreme.

GENERAL FUNCTIONS OF THE COURTS IN RELATION TO THE CJS

1. To protect the rights of the accused. The courts are responsible for the reviewing the actions of law
enforcement agencies to ensure that the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a crime. Review all the evidences
presented by the police to determine its relevance and admissibility in accordance with the Constitution
and the rules of court.
3. To dispose properly of those convicted of the crimes. The Courts have the responsibility to examine
the background of the accused and the circumstances of the crime.
4. To protect the society. After the accused has been found guilty, the court may determine if the
offender should be removed from society and incarcerated in order to protect the safety of life and
property and this is specially true in case of Probation.
5. To prevent and reduce criminal behavior. This is the task properly imposing the proper penalty and
sanctions that will serve to deter the future criminal acts by the offender and also serve as an example
and deterrent to others who would commit criminal acts or threaten public safety.

JURISDICTION
It is the authority of the court to hear and try a particular offense and to impose the punishment
provided by law.

VENUE
Refers to the place, location or site where the case is to be heard on its merits.

DIFFERENT COURTS
1. Municipal Trial Court/Municipal Circuit Trial Court/Metropolitan Trial Court
Original Jurisdiction: (a) all violations of city and Municipal ordinances, (b) all offenses
punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, (c)
damage to property through criminal negligence;
2. Regional Trial Court (RTC)
Original Jurisdiction: (a) those which carry the penalties exceeding six (6) years of
imprisonment, (b) those not covered by the jurisdiction of the Sandiganbayan.
3. Sandiganbayan
Original Jurisdiction: Violations of RA 3019 (Anti-graft and Corrupt Practices Act), RA 1379, ad
Chapter II, Section 2 Title VII, f Book II of the RPC.
1. officials of the executive branch of the government occupying the positions of regional

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 director and higher, otherwise classified as Grade 27 and higher.
2. Phillipine Army and Air force colonels, naval captain and all officers of higher rank.
3. Officer f the PNP (provincial director and those holding the rank of senior superintendent or
higher
4. Court of Appeals.
Appellate jurisdiction: Decisions or judgements of the RTC
5. Supreme Court
Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan.

COURT’S EXERCISE OF DISCRETION:

a. To set bail or set conditions for the release of the accused;
b. To rule on the procedural matters as raised by the defendant or the prosecutor during the trial;
c. To impose sentence or not;
d. To convict or to acquit the accused;
e. To revoke probation or suspended sentence.

ARRAIGNMENT
It is the stage where the issues are joined in criminal action and without which the proceedings
cannot advance further.
It is the stage of the proceedings whereby the accused shall be informed of his/her
constitutional right to be (officially) informed of the nature and the cause of the accusation against him
and to ask him of his plea.

JUDGEMENT
It is the adjudication by the court that the accused is guilty or not of the offense charged and
the imposition on him of the proper penalty and civil liability, if any. It must be written in the official
language, personally and directly prepared by the judge and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon which is based.

PROMULGATION OF JUDGMENT
The judgment is promulgated by reading it in the presence of the accused and any judge of the
court in which it was rendered. However, if the conviction is for a light offense, the judgment may be
pronounced in the presence of his counsel or representative. When the judge is absent or outside the
province or city, the judgment may be promulgated by the clerk of court.

WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED

The weight of the evidence required in order to convict an accused is “Proof beyond reasonable
doubt”

ACQUITTAL
It is a finding of not guilty based on the merits. Meaning, the accused is acquitted because the
evidence does not show that his guilt is beyond reasonable doubt.

APPEAL
Appeal is a statutory right granted to the accused or even the government in proper cases to
seek remedy before an Appellate Court for the annulment or reversal of an adverse decision or
conviction rendered by the Trial Court.

WHO HAS THE RIGHT TO APPEAL?

As a rule, this right is only granted to the convicted offender. However, the Supreme Court in one
of its landmark decision held that the right to appeal shall not be denied to the government prosecutor
when proper.

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IV. CORRECTIONS –The fourth pillar of the CJS
Corrections – deals with punishment, treatment and incarceration of offenders.
Corrections as the fourth pillar takes over the criminal treatment 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.

GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE ADMINISTRATION OF CJS

1. To maintain the institutions – the correctional component is responsible for maintaining
prisons, jails and other institutional facilities to receive convicted offenders sentence to periods
of incarceration.
2. To protect law abiding members of society – Corrections custody and security in order to keep
sentenced offenders removed from the free world so that they cannot commit further crimes on
society.
3. To reform offenders – It is responsible for developing and providing services to assist
incarcerated offenders to reform and assist them in returning to society and in leading a non-
criminal life after his/her release.
4. To deter crimes – It is responsible for encouraging incarcerated and potential offenders to lead
law-abiding lives the experience of incarceration and the denial of freedom to live in a free
society.
TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of the accused has
become final and executory. That is, when the judicial process has been completed and the court
issues MITTIMUS for the enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for custody or
detention only, in which case the court issues a COMMITMENT ORDER.

MITTIMUS
It is a warrant issued by a court bearing its seal and the signature of the judge directing the jail
or prison authorities to receive the convicted offender for service of sentence.

COMMITMENT ORDER
It is a written order of a court or authority consigning a person to jail or prison for detention.

PURPOSES OF CORRECTION
1. Deterrence.
2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.

DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES:

1. Sablayan Prison and Penal Farm – located in Occidental Mindoro. Established on September
26, 1954 by virtue of Presidential Proclamation No. 72.
It is the youngest colony of the bureau.
2. Leyte Regional Prison – situated in Abuyog, Southern Leyte, established a year after declaration
of Martial law in 1972.
3. New Bilibid Prison – located in Muntinlupa, it was officially named New Bilibid Prison on
January 22, 141.
4. Correctional Institution for Women – located at Mandaluyong City. Philippine Legislature
passed Republic Act 3579 in November 1929 which authorize the transfer of all women inmates
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 from Old Bilibid Prison to CIW. On February 14, 1931, the women prisoners were transferred
from Old Bilibid Prison to the building especially constructed to them. Its old name “Women’s
Prison” was changed to “Correctional Institution for Women”.
5. Iwahig Penal Colony – located at Palawan, established on November 16, 1904 by Governor
Luke Wright.
6. San Ramon Prison and Penal Farm – established in Southern Zamboanga on August 21, 1870
through a royal decree promulgated in 1869. Considered the oldest penal facility in the country.
Originally established for persons convicted of political crimes. It was here in Dapitan
Zamboanga where Dr. Jose Rizal was incarcerated.
7. Davao Penal Colony – located in Davao Del Norte, the first penal settlement founded and
organized under Filipino administration. It was formally established on January 21, 1932 by
virtue of Act No. 3732.

CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. Institutional Corrections Agencies
a. Bureau of Corrections – an agency under the Department of Justice (DOJ) that is charged with
custody and rehabilitation of national offenders, that is, those sentenced to serve a term of
imprisonment of more than three (3) years. It exercises control and supervision of all the
corrections/prisons facilities nationwide.
b. Provincial Jails – a jail for the safekeeping of prisoners at the capital of each province, and in
the absence of special provision all expenses incident to the maintenance thereof and of
maintaining prisoners are borne by the province.

c. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act 6975,
exercise supervision and control over all district, city and municipal jail nationwide. Formally
established on January 2, 1991.

CLASSIFICATION OF PRISONERS
1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.
2.1 Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6 months.
2.2 City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
2.3 Provincial Jail – sentenced to 6 months one day to 3 years
2.4 National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or Life
Imprisonment.
2. Non – Institutional Correctional Agencies
a. Parole and Probation Administration – an attached agency of the DOJ which provides a less
costly alternative to imprisonment of offenders who are likely to respond to individualized
community based treatment programs. Headed by an Administrator
- Handles the investigation of petitioners for probation, and the supervision of
probationers, parolees and conditional pardonees.
b. Board of Pardons and Parole –the administrative arm of the President of the Philippines in the
exercise of his constitutional power to grant, except in cases of impeachment, pardon, reprieve
and amnesty after conviction by final judgment.
History:
Act 4103, otherwise known as Indeterminate Sentence Law, took effect on
December 4, 1933, created the Board of Indeterminate Sentence.
Amended by Executive Order No. 83, Series of 1937, renamed the Board of
Indeterminate Sentence to Board of Pardons.

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 Amended by Executive Order No. 94, abolished the Board of Pardons and created
the Board of Pardons and Parole.
c. Department of Social Welfare and Development (DSWD) – renders services for Children in
Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28,
2006).
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.

Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare Council (JJWC) is hereby
created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of the
Department of Social Welfare and Development

Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine
where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child 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) the
child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child's parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the
following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.

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, Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

PROBATION
- Is a disposition under which a defendant after conviction and sentence, is released subject to
conditions imposed by the court and under the supervision of a probation officer.
- Is a privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of actually going to prison.

PARDON
Is an act of grace proceeding from the power entrusted with the execution of the laws which exempts
the individual on whom it is bestowed from the punishment the law inflicts for the crime he has
committed. It is the power reposed by the Constitution to the President of the Philippines.

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KINDS OF PARDON
a. Absolute Pardon – when the convict is release without any condition;
b. Conditional Pardon – when the release of the convict is subject to certain conditions that the
pardonee must comply with strictly. Otherwise, such pardon will be revoked, because pardon is a
contract with the convict may or may not accept, but once accepted, he has to abide with the
conditions prescribed.

PAROLE
Is a procedure by which prisoners are selected for release on the basis of the individual
response to the correctional institution and the service progress and by which they are provided with
the necessary controls and guidance as they serve the remainder of their sentences within the free
community.

ELEMENTS OF PAROLE
a. That the offender is convicted;
b. That he serves part of his sentence in prison;
c. That he is released before the full expiration of his sentence;
d. That said release is conditional, and
e. That he remains on parole until the expiration of his maximum sentence.

DISQUALIFICATIONS:
a. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;
b. They were convicted of treason, conspiracy, or proposal to commit treason, misprision of
treason, rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine
waters;
c. They are habitual delinquents;
d. They escaped from confinement or evaded sentence;
e. They have been on conditional pardon and had violated any of the conditions imposed by the
Board
f. Their sentence do not exceed one (1) year;
g. They are suffering from any mental disorder as proven by the government psychiatrist or
psychologist accredited by the Department of Health;
h. They have pending criminal cases.

AMNESTY
Is a general pardon extended to a group of prisoners and exercised by the President of the
Philippines with the concurrence of Congress. The recipients are usually political offenders.

V. COMMUNITY – The fifth pillar of the CJS

Role of the Community as the fifth pillar of the Criminal Justice System.
- the community is understood to mean as “ elements that are mobilized and energized to help
authorities in effectively addressing the law and order concern of the citizenry.”

The responsibilities of the community in relation to Law Enforcement

As one of the pillars or component of the Criminal Justice system, the community with its
massive membership has vital responsibilities in law enforcement.

The citizens can achieve these roles:

a. identifying offenders;
b. giving data about the illegal activities and cohorts of the criminals, and the proliferation of
organized crimes and syndicates;
c. volunteering as witnesses;
d. adopting precautionary and remedial measures to diminish crime.

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 As had been pointed out, crime prevention is not the sole responsibility of the police but is equally
the concern of every citizen in order to have a peaceful place to live in.[

Examples of Community participation in the Administration of Criminal Justice in our setting

a. They are the following:
1. The growing interest in the rights and welfare of the victim as shown by the government with
the cooperation of community leaders. Accordingly, R.A. No. 6981, otherwise known as
the “Witness protection and Security Act” was passed and approved on April 24, 1991.
This is to encourage the citizenry to participate in the Criminal Justice System by helping the
government and The community in dealing with crime and criminals.

The Creation of Police-Community Relations

R.A. 6975, created this unit in order to implement plans and programs that will promote community
and citizens’ participation in the maintenance of peace and order and public safety.[2] It
was created to establish harmonious relationship between the police and the citizen.
The community involvement in the criminal justice system
is necessary to show its problems and encourage action for the solution thereof. It is
clear that the police and the citizens need each other to combat and eradicate
criminality.

HOW CAN POLICE-COMMUNITY RELATIONS BE ACHIEVED?

This can be done through:
a. Constant dialogues between seminars to acquaint the barangay tanods and the police aides of
their duties and responsibilities in the performance of their functions in the community;
b. The police must follow the rule of law on dealing with the citizens by performing their duties in
a humble and efficient manner and by showing the public goodwill

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY
PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO STUDY THE
FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY LEVEL
- promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY
LEVEL
RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991
- provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- enacted on 10 October 1991 Q & A:
1) What is LUPONG TAGAPAMAYAPA?
It is a body of men created to settle disputes within the barangay level. It is also referred to as
the LUPON.
2) What shall be the composition of the Lupon?
The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the
Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less
than ten (10) but not more than twenty (20).
3) Who are qualified to become members of the Lupon?
Any resident of the barangay of reputable character may be appointed as member of the Lupon.
Members of the Lupon shall be appointed by the Barangay Chairman.
4) When shall the Lupon be constituted?
The Lupon shall be constituted every three years.
5) What is the term of office of a Lupon member?
A Lupon member shall serve for a period of three years.

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6) What is the basic function of the Lupon?
Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of
disputes for the speedy resolution of disputes.
7) What is PANGKAT TAGAPAGKASUNDO?
It shall act as the conciliation panel. It is also referred to as the PANGKAT.
8) What shall be the composition of the Pangkat?
It shall be composed of three (3) members chosen from the members of the Lupon. They shall
choose from among the three of them the Pangkat Chairman and Pangkat Secretary.
9) When shall the Pangkat be constituted?
The Pangkat shall be constituted whenever a dispute is brought before the Lupon.
10) Who shall appoint the members of the Pangkat?
The members of the Pangkat shall be chosen by the parties of the dispute from among the
Lupon members. In case of disagreement, the Barangay Chairman shall draw lots.

11) What matters fall under the jurisdiction of the Lupon?

a) those involving offenses that are punishable by the imprisonment of one year and
below, or a fine in the amount of five thousand pesos and below;
b) those involving parties that actually reside or work in the same barangay;
c) those involving marital and family disputes;
d) those involving minor disputes between neighbors;
e) those involving real properties located in the barangay;
12) Where shall be the venue for amicable settlement?
a) disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the Lupon of said barangay;
b) those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually resides;
c) all disputes involving real property or any interest shall be brought in the barangay where
the real property or the larger portion is situated;
d) those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study shall be brought in the barangay
where such workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT

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

COMPLAINANT – the person who filed the complaint against the respondent

RESPONDENT – the person who is being complained of

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

2) What shall the Chairman do upon receipt of the complaint?

The Chairman shall meet with the respondent and complainant and mediate. If he fails in his
mediation within fifteen (15) days, he shall set a date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong
Barangay or Pangkat to amicably settle their disputes

3) What shall the Pangkat do after its constitution?

The Pangkat shall meet not later than three (3) days after their constitution, on the date set by

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 the Chairman, to hear both parties.
4) Within how may days should the Pangkat settle the dispute?
The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting.
This period may be extended for another fifteen (15) days, at the discretion of the Pangkat.
5) How shall the settlement be made official? All
amicable settlement shall be in writing.
6) Why should parties resort to amicable settlement before going to the police?
Because it is a pre-condition to filing of complaint in court:
“No complaint involving any matter within the authority of the Lupon shall be filed
directly in court unless there has been a confrontation between the parties before the Chairman
or the Pangkat, and that no conciliation or settlement has been reached as certified by the
Secretary, or unless the settlement has been repudiated by the parties.”
7) What shall be the effect of the amicable settlement?
The amicable settlement shall have the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date of settlement.
CRIM. 3: ETHICS AND VALUES PART

ONE - GENERAL and SPECIAL ETHICS

ETHICS
- the science of the morality of human acts
- the study of the human motivation, and ultimately of human rational behaviour
- derived from the Greek word, ethos, which means characteristic way of acting and
ethikos, which means customary

MORALITY
- the quality which makes an act good or bad, good or evil, right or wrong

MORAL DISTINCTIONS
1) moral - good, right
2) immoral - bad, wrong
3) amoral - neither good nor bad

HUMAN ACTS
- acts that are done knowingly, deliberately and freely

ELEMENTS OF HUMAN ACTS

1) KNOWINGLY
- when the person fully understands what he is doing and has the ability to
appreciate the consequences of his actions
2) DELIBERATELY
- when the person did his actions intentionally
3) FREELY
- when the person performed his actions voluntarily

TWO DIVISIONS OF ETHICS

1) GENERAL ETHICS
- the study of the general principles of morality
2) SPECIAL ETHICS
- the study of the application of the general principles of morality; included in this division
is the category of professional ethics

PROFESSIONAL ETHICS

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 - a set of moral code to which every profession must subscribe
- guides the professional where the law is silent or inadequate

POLICE ETHICS
- an example of professional ethics
- a practical science that treats the principle of human morality and duty as applied to law
enforcement

VALUES
- anything that a person considers important in life, such as material things, ideas and
experiences

KINDS OF VALUES
1) BIOLOGICAL VALUES
- those that are necessary for survival, such as food, shelter, clothing, sex, water, sleep
- include the physiological needs of man as man
2) PSYCHOLOGICAL VALUES
- those are that are necessary for emotional fulfillment of man, such as relationships,
companionship, family, friendships, love
3) INTELLECTUAL VALUES
- those that are necessary for the intellectual fulfillment of man, such as achievements,
career, success
4) MORAL VALUES
- those that are necessary for the spiritual fulfillment of man

VIRTUE
- a habit that inclines the person to act in a way that harmonizes with his nature
- the habit of doing good
- the opposite is vice, the habit of doing bad

FOUR MORAL/CARDINAL VIRTUES

1) PRUDENCE
- the ability to govern and discipline oneself by means of reason and sound judgment
- the virtue that attracts the intellect to choose the most effective means for
accomplishing what is morally good and avoiding what is evil
2) TEMPERANCE
- one’s ability to moderate or avoid something
- the virtue that regulates the carnal appetite for sensual pleasures
3) FORTITUDE
- firmness of mind
- the courage to endure without yielding
- the virtue that incites courage

a) PATIENCE – calmness and composure in enduring situations

b) PERSEVERANCE – the ability to go on despite the obstacles
c) ENDURANCE – the ability to last
4) JUSTICE
- the virtue that inclines the will to give to each one of his rights

THREE DIVISIONS OF JUSTICE

1) COMMUTATIVE
- virtue that regulates those actions that involve the rights that exist between one and
another
2) DISTRIBUTIVE
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 - Regulates those actions that involve the rights than an individual may claim from society
3) LEGAL
- virtue that regulates those actions which society may justly require of the individual for the
common good

RIGHT
- anything that is owed or due
- something to which a person has a just and lawful claim
- anything that a person can lawfully demand

HUMAN RIGHTS
- rights pertaining to the rights of man
- rights inherent to man by virtue of being a human being
- are the supreme, inherent and inalienable rights to life, dignity and to self-development

supreme rights = highest form of rights

inherent rights = rights attached to men as human
inalienable rights = rights that cannot be transferred, cannot be borrowed and cannot be taken
away

BASIC HUMAN RIGHTS

1) RIGHT TO LIFE
Exceptions:
self-defense
death under exceptional circumstances death
penalty

2) RIGHT TO LIBERTY
Exceptions:
for reasons of public health and public safety penalty
for commission of a crime circumstances of
warrantless arrests

3) RIGHT TO PROPERTY
Exceptions:
circumstances of warrantless search by
virtue of court order

BILL OF RIGHTS
- a list of individual liberties, freedom and rights which are guaranteed and protected under Article
III of the 1987 Philippine Constitution
- protection of individuals against abuses of the state
- protection of the rights of an accused

DUTY
- anything we are obliged to do or to omit
- a moral obligation incumbent upon a person of doing, omitting or avoiding
- for every right, there is a corresponding duty

PART TWO - THE PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT AND
ETHICAL STANDARDS

BACKGROUND ON THE PNP CODE OF PROFESSIONAL CONDUCT AND ETHICAL

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 STANDARDS

SECTION 37, RA 6975

“There shall be established a performance evaluation system which shall be administered in

accordance with the rules, regulations and standards, and A CODE OF CONDUCT promulgated by the
Commission for members of the PNP…”

NAPOLCOM RESOLUTION NO 92-4

- resolution issued by the NAPOLCOM approving the draft of the Philippine National Police Code
of Professional Conduct and Ethical Standards by the PNP
- approved on 12 March 1992

PURPOSES OF THE CODE

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

LAWS RELATED TO THE PNP CODE

1) RA 3019 – Anti-Graft and Corruption Practices Act
2) RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees
3) RA 7080 – Anti-Plunder Act
4) RA 9485 – the Anti-Red Tape Act of 2007
5) PLEB Rules and Regulations

IMPORTANT TERMS NON-

FEASANCE
- the failure to perform an act or duty that is part of one’s obligation without sufficient excuse

MALFEASANCE
- the commission of an act that one is prohibited to do

MISFEASANCE
- the improper or incorrect performance of an act that should be done or performed

INCOMPETENCY
- lack of adequate ability and fitness for the satisfactory performance of police duties; could be
due to physical or intellectual limitations or lack of skill

DISLOYALTY TO THE GOVERNMENT

- abandonment or renunciation of one’s loyalty to the government of the Philippines
- advocating to overthrow the present administration

POLICE DISCRETION
- the act or the liberty to decide according to the principles of justice and the
police officer’s ideas of what is right and proper under the circumstances

THE LAW ENFORCEMENT CODE OF ETHICS

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 As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard life and
property; to protect the innocent against deception; the weak against oppression or intimidation; and
the peaceful against violence or disorder; and to respect the constitutional rights of all men, to liberty,
equality and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of
danger, scorn or ridicule; develop self-restraint and be constantly mindful of the welfare of others.
Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws
of the land and regulations of my organization. Whatever I see or hear of a confidential nature or that is
confided to me in my official capacity will be kept ever secret unless revelation is necessary in the
performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendship to
influence my decision. With no compromise for crime and with relentless prosecution of criminal, I will
enforce the law courteously and appropriately, without fear or favor, malice or ill-will, never employing
unnecessary force or violence and never accepting gratuities in return.
I recognize the badge of my office as a symbol of public faith and I accept it as a public trust to
be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or
bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized
agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will
take every reasonable opportunity to enhance and improve my level of knowledge and competence. I
will constantly strive to achieve these objectives and ideals, dedicating myself before God to my
chosen profession... law enforcement.

PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT AND ETHICAL

STANDARDS

CANONS OF POLICE ETHICS

1) Primordial Police Responsibility
- the primary responsibility of the police is crime prevention
2) Limitation of Police Authority
- laws set limits to the power of the police
- police officers are not exempted from obeying the laws they are enforcing
3) Knowledge of the Law and other Responsibilities
- police officers are expected to know and understand the laws they are enforcing
- police officers must fully understand their duties and responsibilities as police officers
- police officers must know and fully understand the relationship of the PNP organization with
other law enforcement agencies and other government agencies
4) Use of Proper Means to Obtain Proper Ends
- police officers must only employ legal methods in the conduct of their work
5) Cooperation with Public Officials
- police officers must cooperate with other public officials and government agencies
6) Proper Conduct and Behavior
- police officers must always observe proper conduct and behavior both in their personal and
official life
7) Conduct towards the Community
- police officers must never forget that they are public servants
8) Conduct in Arresting Law Violators
- police officers must always adhere to the prescribed rules when effecting arrests of
suspects

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9) Firmness in Refusing Gifts
- police officers must never ask for nor accept gifts or special favors
10) Impartial Presentation of Evidence
- police officers must be fair in presenting evidence
11) Attitude towards Police Profession
- police officers must have a high regard for the police profession and must be proud that they
are police officers
- police officers must strive to improve their knowledge and skills in order be the best police
officers that they can be

PROFESSIONAL POLICE PRINCIPLE

1) Prevention of Crime and Disorder
- it is the primary objective of the police to prevent crime
2) Cooperation of the Community
- the police is dependent upon community support
3) Unreasonable Force Reduces Community Cooperation
- the use of unreasonable force on the part of the police negatively affects the desire of the
people to cooperate with the police
4) Use of Reasonable Force when Persuasion is not Sufficient
- the police may only use force when dialogue is no longer effective and the degree of force to be
used must be reasonable
5) Impartial Enforcement of Laws
- the police must be fair in enforcing the laws
6) The Community are the Police
- the police and the community are dependent on each other and must work hand in hand to
prevent crimes
7) Police should not Usurp Judicial Power
- the police has no power or authority to decide whether a suspect is guilty or innocent of a
crime because only the court has this power
8) Rules of Engagement Impartially Observed
- the police must always adhere to the prescribed procedures in the performance of their
duty
9) Reduction of Crime and Disorder
- the effectiveness of the police is measured through the ability of the police to prevent
crime
10) Police Discretion
- the police must never abuse the police discretion granted to them

PNP CORE VALUES

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

POLICE OFFICER’S CREED

I believe in God, the Supreme Being, a Great Provider, and the Creator of all men and everything
dear to me. In return, I cannot less than love Him above all, seek His guidance in the performance of my
sworn duties and honor Him at all times.

I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of the
land and the applicable rules and regulations. I recognize the legitimacy and authority of the leadership,

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and follow and obey legal orders of my superior officers.

I believe in selfless love and service to people. Towards this end, I commit myself to the service
of my fellowmen over and above my personal convenience.

I believe in the sanctity of marriage and respect for women. I shall set the example of decency
and morality and shall have high regard for family life and chastity.
I believe in responsible dominion and stewardship over material things. I shall inhibit myself
from ostentatious display of my property. I shall protect the environment and conserve nature to
maintain ecological balance. I shall respect private and public properties and prevent others from
destroying them.

I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the truth at all
times as required by the profession.

PNP STAND OF BASIC ISSUES

1) PNP IMAGE
- the PNP shall live in accordance with the PNP Core Values and shall possess the following
virtues:
a) HONOR
b) INTEGRITY
c) VALOR
d) JUSTICE
e) HONESTY
f) HUMILITY
g) CHARITY
h) LOYALTY TO SERVICE
2) CAREER MANAGEMENT
- the PNP shall formulate and implement policies and human resources development system for
all PNP personnel, from recruitment to retirement
3) POLICE MANAGEMENT LEADERSHIP
- the primary basis for consideration in the selection of personnel for employment and
deployment shall be the individual’s capabilities and competent leadership
4) EQUALITY IN THE SERVICE
- there shall be judicious and equitable distribution of opportunity to prove one’s worth in the PNP
service;
- the PNP shall strictly adhere to the rule of merit and fitness system
5) DELICADEZA
- all members of the PNP must have moral courage to sacrifice self-interest
6) POLICE LIFESTYLE
- the PNP shall endeavor to promote a lifestyle that is acceptable and respectable in the eyes of
the public because the public expects a police officer to live a simple, yet dignified life
7) POLITICAL PATRONAGE
- all PNP members must inhibit themselves from soliciting political patronage in matters
pertaining to assignments, promotions, trainings and awards
8) HUMAN RIGHTS
- all PNP members shall respect and protect human dignity and man’s rights to life, liberty and
property

POLICE PROFESSIONAL CONDUCT

1) COMMITMENT TO DEMOCRACY
- police officers must commit themselves to a democratic way of life and values and maintain
the principle of public accountability
- they shall at all times uphold the Constitution and be loyal to the legitimate government
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 2) COMMITMENT TO PUBLIC INTEREST
- police officers must always uphold public interest over and above personal interest
- they shall use public resources and properties economically and judiciously to avoid wastage of
public funds

3) NON-PARTISANSHIP
- police officers shall provide services to everyone without discrimination regardless of political
affiliation in accordance with existing laws and regulations
4) PHYSICAL FITNESS AND HEALTH
- police officers shall strive to be physically and mentally fit and in good health at all times
5) SECRECY DISCIPLINE
- police officers shall guard the confidentiality of official information against unauthorized
access and disclosure
6) SOCIAL AWARENESS
- police officers, as well as their immediate family members, shall be encouraged to actively get
involved in religious, social and civic activities to enhance the image of the PNP organization
7) NON-SOLICITATION OF PATRONAGE
- police officers shall seek self-improvement through career development without directly or
indirectly soliciting favors or recommendation from politicians, high-ranking government
officials and the like
8) PROPER CARE AND USE OF PUBLIC PROPERTY
- police officers shall be responsible for the security, proper care and use of public authority issued
to them for the performance of their duties
9) RESPECT FOR HUMAN RIGHTS
- police officers shall respect and protect human rights in the performance of their duty
10) DEVOTION TO DUTY
- police officers shall perform their duties with dedication, thoroughness, efficiency, enthusiasm,
determination and manifest concern for public welfare
11) CONSERVATION OF NATURAL RESOURCES
- police officers shall help in the development and conservation of our natural resources for
ecological balance and posterity
12) DISCIPLINE
- police officers shall conduct themselves properly at all times in keeping with the rules and
regulations of the organization
13) LOYALTY
- police officers must be loyal to the Constitution and to the police service as manifested by their
loyalty to their superiors, peers and subordinates as well
14) OBEDIENCE TO SUPERIORS
- police officers shall obey lawful orders and be courteous to superior officers and other
appropriate authorities
15) COMMAND RESPONSIBILITY
- immediate commanders shall be responsible for the effective supervision, control and direction
of their personnel

ETHICAL STANDARDS
- shall refer to established and generally accepted moral values and ethical acts

1) MORALITY
- police officers must adhere to high standard of morality and decency and shall set good
example for others
2) JUDICIOUS USE OF AUTHORITY
- police officers shall exercise proper and legitimate use of authority and discretion in the
performance of their duty
3) INTEGRITY

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 - police officers shall not allow themselves to be victims of corruption and dishonest
practices
4) JUSTICE
- police officers shall strive constantly to respect the rights of others
5) HUMILITY
- police officers shall recognize the fact that they are public servants and not the masters of the
people
- they should perform their duties without arrogance
- they should recognize their own inadequacies, inabilities and limitations as individuals
- they should perform their duties without attracting attention or expecting the applause of
others
6) ORDERLINESS
- police officers shall follow logical procedures in accomplishing tasks assigned to them to
minimize wasted time and resources

7) PERSEVERANCE
- police officers must exert all efforts to achieve their goal or mission even in the face of
difficulties and obstacles
PNP CUSTOMS AND TRADITIONS

CUSTOMS
- established usage or social practices carried on by tradition that have obtained the force of law

PNP CUSTOMS ON COURTESY

- a manifestation or expression of consideration and respect for others

SALUTE
- the usual greeting rendered by uniformed personnel upon meeting and recognizing
persons entitled to it

SALUTE TO NATIONAL COLOR AND STANDARD

- police officers must stand at attention and salute the national color and standard as it
passes by them or when the national color is raised or lowered during ceremonies

ADDRESS/TITLE
- junior in rank must address senior members who are entitled to a salute with the “Sir” or
“Ma’am”

COURTESY CALLS
1) COURTESY CALL OF NEWLY-ASSIGNED/APPOINTED MEMBER
- PNP members who are newly-assigned or appointed to a unit or command must call on the
chief of the unit or command and to other key personnel for accounting, orientation and other
purposes
2) CHRISTMAS CALL
- PNP members pay a Christmas call on their local executives in their respective area of
responsibility
3) NEW YEAR’S CALL
- PNP members pay a New Year’s call on their commanders and/or key officials in their
respective area of responsibility
4) PROMOTION CALL
- newly-promoted PNP members call on their unit head
5) EXIT CALL
- PNP members pay an exit call on their superiors in the unit or command when relieved or

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 reassigned out of said unit or command

COURTESY OF THE POST

- the host unit extends hospitality to visiting personnel who pay respect to the command or unit

“RANK-HAS-ITS-OWN-PRIVILEGE”
- PNP members must acknowledge that different ranks carry with them corresponding
privileges

CEREMONY
- a formal act or set of formal acts established by customs or authority as proper to
special occasion

PNP CUSTOMS ON CEREMONIES 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

FLAG-RETREAT CEREMONY
- PNP members salute the lowering of the flag at the end of the official day’s work

HALF-MAST
- the flag is raised at half-mast in deference to deceased uniformed members of the
command

FUNERAL SERVICE AND HONORS

- departed uniformed members, retirees, war veterans or former PNP members are given vigil,
necrological services and graveside honors

CEREMONY TENDERED TO RETIREES

- in recognition of their long, faithful and honorable service to the PNP, a testimonial activity
shall be tendered in their honor

HONOR CEREMONIES
- arrival and departure honor ceremonies are rendered to visiting dignitaries, VIPs, PNP officers
with the rank of Chief Superintendent and above and AFP officers of equivalent grade

TURN-OVER CEREMONY
- the relinquishment and assumption of command or key position is publicly announced by the
outgoing and incoming officers

WEDDING CEREMONY
- during marriage of PNP members, a ceremony is conducted with participants in uniform and
swords drawn

ANNIVERSARY
- the birth or institutional establishment of a command or unit is commemorated in an
anniversary ceremony

SOCIAL DECORUM
- a set of norms and standards practiced by members during social and other functions

PNP CUSTOMS ON SOCIAL DECORUM

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UNIFORM/APPEARANCE
- police officers must observe the following:
a) wearing of prescribed uniform
b) wearing, as part of the uniform, awards and decorations earned in accordance with the
prescribed rules and regulations
c) adherence to haircut prescribed by rules and regulations

MANNER OF WALKING
- every PNP officer is expected to walk with pride and dignity

OTHER POLICE CUSTOMS

1) Visiting the Sick

- immediate commanders or other available officers of the unit visit PNP members who are
sick in the hospital, their residence or any place of confinement in order that their needs are
attended to
2) Survivor Assistance to Heirs of Deceased Members
- a survivor officer is designated whenever PNP members die, to render maximum
assistance to their bereaved family until all benefits due shall have been received
3) Visiting Religious Leaders
- PNP officer visit religious leaders in their areas of assignment to establish or maintain
rapport and cooperation between the different religious leaders and the PNP
4) Athletics
- PNP members indulge in physical fitness activities to ensure that their proper physical
appearance and bearing are maintained 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 on Friday, or any other day suitable for the occasion, PNP members gather
together at their PNP Club for a light-hearted jesting or airing of minor gripes

TRADITION
- bodies of beliefs, stories, customs and usages handed down from generation to
generation with the effect of an unwritten law

POLICE TRADITIONS
1) SPIRITUAL BELIEFS
- PNP members are traditionally religious and God-loving persons; they attend religious
services together with the members of their family
2) VALOR
- police officers sacrifice their lives and limbs for the people they have pledged to serve
3) PATRIOTISM
- police officers manifest their love of country with a pledge of allegiance to the flag and a vow
to defend the Constitution
4) DISCIPLINE
- police officers manifest discipline by instinctive obedience to lawful orders and through
spontaneous actions towards attainment of organizational objectives guided by moral, ethical
and legal norms

5) GENTLEMANLINESS
- police officers are upright in character, polite in manners, dignified in appearance and sincere
in their concern for their fellowmen
6) WORD OF HONOR
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 - police officers stand by, and commit to uphold, their word
7) DUTY
- police officers are dedicated public servants who perform their tasks with a deep sense of
responsibility and self-sacrifice
8) LOYALTY
- police officers are traditionally loyal to the organization, country and fellowmen

9) CAMARADERIE
- the binding spirit that enhances teamwork and cooperation in the police organization

POLICE OFFICER’S PLEDGE

1) I will love and serve God, my country and people;
2) I will uphold the Constitution and obey legal orders of the duly-constituted authorities
3) I will oblige myself to maintain a high standard of morality and professionalism
4) I will respect the customs and traditions of the police service; and
5) I will live a decent and virtuous life and to serve as an example to others.

PART THREE - POLICE-COMMUNITY RELATIONS (PCR)

BACKGROUND ON POLICE-COMMUNITY RELATIONS

Section 2 of Republic Act No 6975 reads:

SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the State to promote peace
and order, ensure public safety and further strengthen local government capability aimed towards the
effective delivery of the basic services to the citizenry through the establishment of a highly efficient
and competent police force that is national in scope and civilian in character. Towards this end, the
State shall bolster a system of coordination and cooperation among the citizenry, local executives and
the integrated law enforcement and public safety agencies created under this Act.

Said provision was later amended by RA 8551, which reads:

Section 2. Declaration of Policy and Principles. — It is hereby declared the policy of the State to
establish a highly efficient and competent police force which is national in scope and civilian in
character administered and controlled by a national police commission.

The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.

PNP VISION
The Men and Women of the PNP is committed to a vision of a professional, dynamic and highly
motivated Philippine National Police working in partnership with a responsive community towards the
attainment of a safe place to live, work, invest and do business with.

PNP MISSION
To enforce the law, to prevent and control crimes, to maintain peace and order, and to ensure
public safety and internal security with the active support of the community

IMPORTANT TERMS POLICE

- a group of persons established, maintained and organized for keeping order, safety,
protection of lives and property and for prevention and detection of crimes

COMMUNITY
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 - refers to the civilian populace or the public in general, and shall be used
interchangeably with the terms, public, citizenry, society and private sector
- a body of people organized into political, municipal or social unity or a body of persons living
in the same locality
- derived from the Latin words, communis, which means common, and tatis which means
fellowship

POLICE-COMMUNITY RELATIONS
- the sum total of the dealings between the police and the people it serves, and whose
goodwill and cooperation it craves, for the greatest possible efficiency in the service
- refers to the reciprocal attitudes of the police and the community
PUBLIC RELATIONS
- the act of bringing about better understanding, confidence and acceptance for an
individual or an organization

POLICE PUBLIC RELATIONS

- the continuing process by which endeavors are made to obtain the goodwill and
cooperation of the public for effective enforcement of the law and accomplishment of the police
purposes

HUMAN RELATIONS
- consist of the fundamental rules both moral and legal, which govern the relationship of men in
all aspects of life

MEDIA/MASS MEDIA
- the channels through which information is disseminated to the public
- may be in the form of television, movies, radio or newspaper, and the like

PROPAGANDA
- the planned use of mass communication for public purpose

POLICE PUBLIC IMAGE

- refers to how the people in the community perceive or regard the police

PRINCIPLES OF POLICING BY SIR ROBERT PEEL

1) The basic mission for which police exist is to prevent crime and disorder as an alternative to
the repression of crime and disorder by military force and severity of legal punishment.
2) The ability of the police to perform their duties is dependent upon public approval of police
existence, actions, and behavior and the ability of the police to secure and maintain public
respect.
3) 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.
4) The degree of the cooperation of the public that can be secured diminishes
proportionately the necessity for the use of physical force and the compulsion in
achieving police objectives.
5) The police seek and preserve public favor, not by catering to public opinion, but by constantly
demonstrating absolutely impartial service to the law, in complete independence of policy, and
without regard to the justice or injustice of the substance of individual laws; by ready offering
of individual service and friendship to all members of society without regard to their race or
social standing, by ready exercise of courtesy and friendly good humor, and by ready offering
of individual sacrifice in protecting and preserving life.
6) The police should use physical force to the extent necessary to secure observance of the law
or to restore order only when the exercise of persuasion, advice and warning is found to be
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 insufficient to achieve police objectives; and police should use only the minimum degree of
physical force that is necessary on any particular occasion for achieving police objectives.
7) The police at all times should maintain a relationship with the public that gives reality to the
historic tradition that the police are the public and the public are the police; the police are only
members of the public who are paid to give full-time attention to duties that are incumbent on
every citizen in the intent of community welfare.
8) The police should always direct their actions toward their functions and never appear to usurp
the powers of the judiciary by avenging individuals or the state, or authoritatively judging guilt
or punishing the guilty.
9) The test of police efficiency is the absence of crime and disorder, not the visible evidence of
police action in dealing with them.

FOUNDATION OF COMMUNITY RELATIONS

The foundation of community relations is EFFICIENT SERVICE.

REQUIREMENTS FOR GOOD COMMUNITY RELATIONS

1) Sincerity in serving the public
2) Full knowledge of the job
3) Deep conviction in the mobility of his work as a necessary service to promote individual or
national welfare
4) Sound police ethics
5) High standard of management and operation

THREE (3) ASPECTS OF POLICE-COMMUNITY RELATIONS

1) COMMUNITY SERVICE
- activities that provide service to the community
may be in the form of medical-dental mission, sports clinic, feeding programs,
seminars, etc
2) COMMUNITY PARTICIPATION
- involvement of the community in the various social projects, particularly, in the area of
crime prevention
- awareness of the community of their role in crime prevention
3) PUBLIC RELATIONS
- activities directed at creating and maintaining favorable impressions to the public
- projection of the police public image to the people to gain their support and
cooperation

OBJECTIVES OF POLICE-COMMUNITY RELATIONS

1) To maintain and develop the goodwill and confidence of the community for the police;
2) To obtain cooperation and assistance;
3) To develop public understanding and support and appreciation for the service of the police;
4) To create broader understanding and sympathy with the problems and needs of the police;
5) To facilitate law enforcement and compliance;
6) To build public opinion in favor of the police;
7) To achieve the police purpose of preserving the peace, protection of life and property, and
the prevention of crime.

PRINCIPLES OF POLICE-COMMUNITY RELATIONS

1) Community support must be maintained.
2) Community resentment must be avoided.
3) Community goodwill must be developed.
4) Community must be kept informed.

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FOUR (4) GENERAL APPROACHES IN POLICE-COMMUNITY RELATIONS
1) Externally-Oriented Approach
- directed towards the general public or various enclaves within the society
2) Youth-Oriented Approach
- directed the majority of police efforts towards the youth of the community
3) Service-Oriented Approach
- emphasis is given to the alleviation of social problems as the basic objective of the
program
4) Internally-Oriented Approach
- essential characteristics is the realization that the officer on beat creates
community relations because “Every officer of the organization is a police-
community relations officer

TYPES OF POLICE-COMMUNITY RELATIONS

1) Public Information Program
- designed to bridge the communication gap between the police and the public

Forms of Media Used:

a) Personal Media
- consists of face-to-face communication, such as meetings, rallies,
delivering speeches and house-to-house visitation
b) Mass Media
- includes printed matter and audio-visual communications
2) Public Relations Program
- designed to maintain harmony and mutual support between the police and the
community
- designed to “sell” the police to the public
3) Civic Action Program
- designed to maintain and encourage community development
4) Psychological Program
- designed to condition both friendly and hostile public, ensuring the facilitation of the
attainment of police objectives

DUTIES OF PUBLIC RELATIONS OFFICER

1) He shall issue press releases from time to time regarding police activities which are of public
concern;
2) He shall build good image through actual commendable performance, without inefficiency and
corruption; and
3) He shall evaluate public opinion and attitude with respect to policies, methods and personnel of the
police station.

DUTIES OF CIVIC ACTION OFFICER

1) He shall encourage and actively participate in athletic competitions to promote youth
development by wisely coordinating with the social elements of the populace;
2) He shall initiate fund-raising campaigns for juvenile delinquents who are being
rehabilitated;
3) He shall be alert to safeguard the community against loss and damages to properties and
possible death, in the events of calamity;
4) He shall render possible assistance, especially to the men folk in enabling them to obtain the
means of productive endeavors and discourage them from loitering in the street or engaging
uneconomic activities, such as illegal gambling and others

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MEASURES TO ENHANCE POLICE PUBLIC IMAGE
1) increased police visibility through the dispersal of personnel from the headquarters to the field
offices;
2) efficient and optimized delivery of police services to the communities;
3) constant dialogue and meetings with the barangay officials in their respective territorial
jurisdictions;
4) Community service-oriented policing by conducting seminars for the traffic aides, police aides
and the barangay tanod; and
5) Coordination with the media for image-enhancing projects.

CRIM. 4: JUVENILE DELINQUENCY AND CRIME PREVENTION

JUVENILE DELINQUENCY
- an anti-social behavior or act which does not conform with the standards of society
- youth behavior which is against the norms and regulations of society which if left
unchecked would give rise to criminality
- describes a large number of disapproved behavior of children or youth
- anti-social acts or behavior of children which deviate from the normal pattern of rules and
regulations, custom and culture which society does not accept and which therefore justify
some kind of admonition, punishment or corrective measures in the public interest

JUVENILE
- a child or a young person, who, under the legal system may be dealt with for an offense in a
manner different from that of an adult
- persons below the age of majority, that is, below eighteen years old

AGE OF MAJORITY
- majority commences at the age of eighteen (18) years

EMANCIPATION
- freedom from parental authority, both over his person and property
- happens upon reaching the age of eighteen years

RA 6809
- the law amending the age of majority
- lowered the age of majority from twenty-one (21) to eighteen (18) years
- approved on 13 December 1989

DELINQUENT
- one whose behavior has brought him into repeated conflict with the law regardless whether
he has been taken before a court and adjudged a delinquent
- one who has committed an offense that violated the approved norms of conduct and is
guilty of a misdeed

STATUS OFFENSE
- certain acts or omissions which may not be punishable socially or legally if committed by
adults but become anti-social or illegal because the offender is a minor, such as:
a) truancy, or frequent, unreasonable absenteeism from school
b) use of profane language
c) running away from home
d) smoking and drinking alcoholic beverages
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets
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 g) association with delinquent gangs

ANTI-SOCIAL BEHAVIOR
- characterized by disobedience to, or disrespect for, authorities

PARENS PATRIAE (“father of the country”)

- the doctrine that does not consider delinquent acts as criminal violation, thus making
delinquents non-criminal persons and cannot be found guilty of a crime and punished like an
adult criminal
- views minor who violate the laws as victims of improper care, custody and treatment at
home
- assumption by the State of the role of guardian over children whose parents are deemed
incapable or unworthy
- the authority of the state to act on behalf of the children

THREE TYPES OF DELIQUENCY

1) ENVIRONMENTAL DELINQUENTS
- characterized by occasional law-breaking

2) EMOTIONALLY MALADJUSTED DELINQUENTS

- characterized by chronic law-breaking, a habit which this type cannot avoid or escape from

3) PSYCHIATRIC DELINQUENTS
- characterized by serious emotional disturbances within the individual and in some cases
associated with tendencies towards mental illness

TYPES OF DELINQUENT YOUTH

1) SOCIAL
- an aggressive youth who resents authority of anyone who makes an effort to control his
behavior

2) NEUROTIC
- one who has internalized his conflicts and is preoccupied with his own feelings

3) ASOCIAL
- one whose delinquent acts have a cold, brutal and vicious quality for which the youth feels
no remorse

4) ACCIDENTAL
- one who is essentially sociable and law-abiding but happens to be at the wrong time and
place and becomes involved in delinquent acts not typical of his general behavior

DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY

1) BIOGENIC APPROACH
- gives an explanation that law violations and delinquency are a result of some physical
defects

2) PSYCHOGENIC APPROACH
- argues that the critical factors in delinquency are personality problems to which
misbehavior is presumed to be the response

3) SOCIOGENIC APPROACH
- attributes delinquency pattern to social structures
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 - views youthful misdeed as a result of a learning process through interactions with other
members of society

DIFFERENT THEORIES CONCERNING DELINQUENCY CHOICE

THEORY

- based on the classical school of criminology that views an individual as having free will in
choosing his actions and that he calculates what he will gain or lose if he commits an act
- views the delinquent as a motivated offender who breaks the law because he or she
perceives an abundance of benefits and an absence of threat

BIOSOCIAL OR TRAIT THEORIES

- based on the view that both thought and behavior have biological and social bases
- contemporary explanation of the biogenic approach
- has three sub-theories: biochemical, neurological and genetics

1) BIOCHEMICAL
- views that crime and delinquency, especially violence, are the result of diet, vitamin intake,
hormonal imbalance and other biological causes

2) NEUROLOGICAL
- explains that crime and delinquency occur because the individual suffers from brain
impairment or abnormality in the structure of the brain
- learning disabilities such as attention deficit/hyperactive disorder and minimum brain
dysfunction are related to antisocial behavior

3) GENETIC
- explains that delinquent traits and predisposition to criminality are inherited from parents
- criminality of parents can predict delinquency of children
- supported by research on twin studies and adoption studies

PSYCHOLOGICAL THEORIES
- views delinquency as a result of emotional and mental disturbance of the individual
- contemporary explanation of the psychogenic approach
- has three sub-theories: psychodynamic, behavioral and cognitive

1) PSYCHODYNAMIC THEORY
- based on the psychoanalytic theory of Sigmund Freud
- delinquency is the result of the imbalance of the three components of personality: id, ego
and superego
- delinquency is the product of the abnormal personality structure formed in early life and
which thereafter controls human behavior choices

2) BEHAVIORAL THEORY
- believes that individuals learn by observing how people react to their behavior
- behavior is reinforced by some positive reaction, and behavior is extinguished if punished
- misbehavior of children if left unchecked will persist until adolescence

3) COGNITIVE THEORY
- views that delinquency is a result of the faulty perception and analysis of data of an
individual

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 - believes that when an individual make decisions, he engages in a sequence of cognitive
thought processes:
1) he first encodes the information so that it can be interpreted;
2) then, he searches for a proper response and decide upon the most appropriate action;
3) finally, he acts on his decision
- delinquency-prone adolescents may have cognitive deficits and use information incorrectly
when they make decisions

SOCIOLOGICAL THEORIES
- views delinquency as a product of the different social factors and dynamics
- has four groups of theories which in turn contain several sub-theories: social structure
theories, social process theories, social reaction theories and social conflict theories

1) SOCIAL STRUCTURE THEORIES

- hold that delinquency is a function of a person’s place in the economic structure

2) SOCIAL PROCESS THEORIES

- view delinquency as a result of poor or faulty socialization or upbringing

3) SOCIAL REACTION THEORIES

- view delinquent acts and criminality as products of stigma and labeling

4) SOCIAL CONTROL THEORIES

- maintain that everyone has the potential to become a criminal but most people are
controlled by their bonds to society

CONTRIBUTORY FACTORS IN JUVENILE DELINQUENCY

1) FAMILY
- the first and most basic institution of society responsible for developing a child’s potential in all
its aspects like physical, emotional, spiritual, moral, intellectual and social
- molds the child to learn to curb his desires and to accept rules that define the time, place and
circumstances under which highly personal needs may be satisfied in socially acceptable ways

TYPES OF FAMILY STRUCTURE:

1) NUCLEAR FAMILY
- consists of father, mother and children
2) EXTENDED FAMILY
- consists of father, mother, children, grandparents, uncles and aunts, cousins,
nephews and nieces, and in-laws

Ideally, a home must have the following:

a) structural completeness
- presence of both father and mother
b) economic security
- capability to provide for the basic needs and wants
c) cultural conformity
- typical family beliefs and practices
d) moral conformity
- moral uprightness, Christian way of living
e) physical and psychological normalcy
f) emotional adequacy
- affection, support, love and care between faulty members
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 Factors in the home life that may cause delinquency:
a) faulty development of the child
b) lack of parental guidance
c) parental rejection
d) broken homes
e) lack of love
f) unfair treatment
g) too harsh discipline by either or both parents
h) too much leniency by either or both parents
i) unfavorable parental example

2) SCHOOL
- considered the second home of a child, with teachers as the second parents
- institution responsible for the training of young person’s intellectual, moral, as well as social
skills which they need for them to grow up as productive, law-abiding and responsible citizens

Instances of deviant conduct attributed to school inadequacy:

a) failure of teachers to detect and address problems of children and report such
problems to the parents
b) poor academic atmosphere
c) membership in school gangs or development of friendships with the wrong crowd
d) lack of facilities for curricular and extra-curricular activities
e) failure of teachers in character development of the students
f) failure to actually finish school, resulting to being out-of-school youths with a lot of
time to waste and do unproductive activities
g) failure to get gainful employment due to lack of sufficient education

3) ENVIRONMENT
- the culture, norms and behavior of the child’s surroundings may very well influence the
upbringing of the child especially during their formative years and such misbehavior learned is
likely to be carried on until the child’s maturity

Some of the behavior modification by means of imitation as brought about by

environmental influence:
a) rampant drug addiction
b) vices such as gambling and drinking alcoholic beverages
c) association with criminal groups or gangs
d) too much exposure to sex and violence in movies, television, print and internet

HISTORY OF JUVENILE JUSTICE

The modern practice of legally separating adult and juvenile offenders can be traced back to two
developments in English custom and law that occurred centuries ago: the development of POOR LAWS
and the creation of the English CHANCERY COURTS. Both were designed to allow the state to take
control of the lives of needy but not necessarily criminal children. This system was brought to the
United States where it was developed further until later it became the basis of the juvenile justice
system in the Philippines.

ENGLISH SYSTEM POOR

LAWS
- in 1535, statutes which mandated the appointed of overseers who placed destitute or
neglected children with families who then trained them in agricultural, trade or domestic

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 services; this practice is called indenture
- in 1601, a system was created wherein church workers with the consent of justice of the
peace identified vagrant, delinquent and neglected children and took measures to put them
to work; these children were placed in workhouses until their adulthood

CHANCERY COURTS
- protected the property rights and welfare of minor children who could not care for
themselves
- the courts dealt with issues of guardianship and the use and control of property
- the courts operated under the parens patriae philosophy which held that children were
under the protective control of the state

AMERICAN SYSTEM
- the practice of indenture and chancery courts in England were adopted by the states of
Virginia, Connecticut and Massachusetts, however, those youths who committed serious
criminal offenses continued to be tried in the same courts as adults
- middle-class civic leaders, who referred to themselves as CHILD SAVERS began to develop
organizations and groups to help alleviate the burdens of the poor and immigrants by
sponsoring shelter care for youths, educational and social activities and the development of
settlement houses; this was called the CHILD SAVING MOVEMENT
- they are responsible for creating a number of programs for indigent youths, including the
New York House of Refuge, a reformatory, which began operations in 1825
- the House of Refuge was created to protect indigent youths who were at risk to crime by
taking them off the streets and reforming them in a family-like environment
- the first comprehensive juvenile court was established in Illinois in 1899 through the
passage of the Illinois Juvenile Court Act of 1899 which set up an independent court to
handle criminal law violations by children under sixteen (16) years of age, as well as to care
for neglected, dependent, and wayward youths
- the purpose of the act was to separate juveniles from adult offenders and provide a legal
framework in which juveniles could get adequate care and custody
- Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974 to identify
the needs of youths and to fund programs in the juvenile justice system
- its main goal was to separate wayward, non-dangerous youths from institutions housing
delinquents and to remove adolescents from institutions housing adult offenders

JUVENILE COURT
- a court that has original jurisdiction over persons defined by statute as juveniles and alleged
to be delinquents or status offenders

DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES

1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – law amending the age of majority
4) RA 8552 AND RA 8043 – laws on adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – law amending RA 7610 on working children
7) RA 9255 – law on the use of father’s surname of
illegitimate children
8) RA 9262 – Anti-Violence Against Women and their Children
9) RA 9523 – law amending the laws on adoption
10) RA 9344 - Juvenile Justice and Welfare Act
11) RA 9775 – Anti-Child Pornography Act
IMPORTANT PROVISIONS OF PD 603

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PD 603 – THE CHILD AND YOUTH WELFARE CODE
- approved on 10 December 1974
- effectivity date is 10 June 1975 (six months after approval)
- shall apply to persons under eighteen (18) years of age

PARENTAL AUTHORITY (PATRIA POTESTAS)

- the sum total of the rights of the parents over the person and property of their child
- the exercise of which has no distinction between a legitimate and an illegitimate child
- the father and the mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children
- in case of death of either parent, the surviving parent shall exercise sole parental authority
- in case of disagreement, the father’s decision shall prevail unless there is a judicial order to
the contrary

PARENTAL RESPONSIBILITY
- the sum total of the duties and obligations of parents over their minor children

LIABILITIES OF PARENTS
- parents and guardians are responsible for the damage or injury caused by the child under
their parental authority

LEGAL CUSTODY
- in case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be
separated from his mother unless the court decides otherwise

GUARDIANSHIP
- a trust relation of the most sacred character, in which one person, called a guardian, acts for
another, called a ward, regarded as incapable of managing his own affairs

SUBSTITUTE PARENTAL AUTHORITY

- in case of absence or death of both parents, substitute parental authority shall be given to
the following, in order of priority:
1) grandparents
2) oldest brother or sister at least 21 years of age
3) relative who has actual custody of the child/guardian duly appointed by the court

COMMENCEMENT OF CIVIL PERSONALITY

- the CIVIL PERSONALITY of the child shall commence from the MOMENT OF CONCEPTION

CONCEPTION
- the start of life
- the union of the sperm cell and the egg cell
- also called the process of fertilization

CIVIL PERSONALITY
- pertains to the identity and recognition of an individual as person having rights
- shall commence from the moment of conception, thus all children shall have the right to be
born and the right to live
ABORTION
- the expulsion of the fetus from the mother’s womb

KINDS OF ABORTION

1) CRIMINAL ABORTION
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- classified as intentional or unintentional as provided by the Revised Penal Code
- punishable by law

2) THERAPEUTIC ABORTION
- recommended and performed by a certified physician when there are health risks and
complications
- not punishable by law

CATEGORIES OF CHILDREN
1) DEPENDENT
- one who is without a parent, guardian or custodian, or whose parents, guardian or other
custodian for good cause desire to be relieved of his care and custody and is dependent
upon the public for support

2) ABANDONED
- one who had no proper parental care or guardianship or whose parents or guardians have
deserted him for a period of at least six consecutive months (PD 603)
- refers to a child who has no proper parental care or guardianship, or whose parents have
deserted him or her for a period of at least three (3) continuous months (RA 9523

3) NEGLECTED
- one whose basic needs have been deliberately unattended or inadequately attended
- a child is unattended when left by himself without provision for his needs and without proper
supervision
- neglect may occur in two ways:
a) physical neglect
o Malnourishment, untidy and damaged clothing, no shelter
b) emotional neglect
o maltreated, raped, seduced, abused, exploited, made to work under conditions not
conducive to good health or placed in moral and physical danger

4) MENTALLY-RETARDED
- socially incompetent, socially inadequate, occupationally incompetent and unable to
manage their own affairs
- mentally sub-normal
- retarded intellectually from birth or early age
- retarded at maturity
- mentally deficient as a result of constitutional origin through heredity or disease
- essentially incurable

5) PHYSICALLY-HANDICAPPED
- crippled, deaf-mute, blind and other conditions which restrict their means of action or
communication with others

6) EMOTIONALLY-DISTURBED
- those who, although not afflicted with insanity or mental defect, are unable to maintain
normal social relations with others and the community in general due to emotional
problems or complexes
- may be caused by traumatic experiences

7) MENTALLY-ILL
- those with any behavioral disorder, whether functional or organic, which is of such a degree
of severity as to require professional help or hospitalization

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 8) DISABLED
- includes mentally-retarded, physically-handicapped, emotionally-disturbed and mentally-ill
children

IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION

ADOPTION
- an act by which relations of paternity and filiations are recognized as legally existing
between persons not so related by nature
- the taking into one’s family of the child of another, as son or daughter and heir, and
conferring on it a title to the rights and privileges of such

FILIATION
- the acknowledgment of the father of his relationship with the child
- also called paternity

BIOLOGICAL CHILD
- natural-born child of the parents
ADOPTED CHILD
- a child who underwent the judicial process of adoption

FOUNDLING
- refers to a deserted or abandoned infant or child whose parents, guardian or relatives are
unknown

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

- approved on 25 February 1998
ADOPTER
- the person adopting or petitioning for the adoption of a child

ADOPTEE
- the child or person being petitioned for adoption

CHILD LEGALLY AVAILABLE FOR ADOPTION

- a child who has been voluntarily or involuntarily committed to the DSWD or to a duly licensed
and accredited child-placing or child-caring agency, freed of the parental authority of his or
her biological parents or guardians or adopter, in case of rescission
- refers to a child in whose favor a certification was issued by the DSWD that he or she is
legally available for adoption after the fact of abandonment or neglect has been proven
through the submission of pertinent documents, or one who was voluntarily committed by
his or her parents or legal guardian (RA 9523)

VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal guardian knowingly and willingfully relinquished parental
authority to the DSWD or any duly accredited child-placement or child caring agency or
institution

CHILD-CARING AGENCY OR INSTITUTION

- refers to a private non-profit or government agency duly accredited by the DSWD that
provides twenty-four (24) hour residential care services for abandoned, neglected, or
voluntarily committed children (RA 9523)

CHILD-PLACING AGENCY OR INSTITUTION

- refers to a private non-profit institution or government agency duly accredited by the DSWD

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 that receives and processes applicants to become foster or adoptive parents and facilitate
placement of children eligible for foster care or adoption

WHO MAY ADOPT:

1) any Filipino citizen of legal age at least sixteen (16) years older than the adoptee unless the
adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s biological
parent
2) any alien possessing the same qualifications as that of a Filipino citizen, who has been living in
the Philippines for at least three (3) consecutive years, and whose country has diplomatic
relations with the Philippines

WHO MAY ADOPTED:

1) any person below eighteen (18) years of age judicially declared available for adoption
2) the legitimate son or daughter of one spouse by the other spouse
3) an illegitimate son or daughter by a qualified adopter to improve his or her status to that of
legitimacy
4) a person of legal age if prior to the adoption, said person has been consistently considered and
treated by the adopter as his or her own child since minority
5) a child whose adoption has been previously rescinded
6) a child whose biological or adoptive parents has died, but proceedings may only be initiated
after six (6) months from the time of the death of the parents

SUPERVISED TRIAL CUSTODY

- a period of time within which a social worker oversees the adjustment and emotional
readiness of both adopter and adoptee in stabilizing their filial relationship
- the period is at least six (6) months

RESCISSION OF ADOPTION
- the nullification of the adoption
- adoption shall not be subject to rescission by the adopter

GROUNDS FOR RESCISSION OF ADOPTION

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling
2) attempt on the life of the adoptee
3) sexual assault or violence
4) abandonment and failure to comply with parental obligations

RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995

- approved on 7 June 1995

INTER-COUNTRY ADOPTION
- the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the supervised trial custody is
undertaken and the decree of adoption is issued outside the Philippines

INTER-COUNTRY ADOPTION BOARD

- acts as the central authority in matters relating to inter-country adoption
- shall act as the policy-making body for purposes of carrying out the provisions of RA 8043,
in consultation and coordination with the DSWD
- headed by the Secretary of the DSWD as ex officio chairman and six (6) members to be
appointed by the President, with a term of office of six (6) years

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WHO MAY ADOPT:
1) any alien or a Filipino citizen permanently residing abroad
2) at least twenty-seven (27) years of age
3) at least sixteen (16) years older than the adoptee unless the adopter is the parent by nature of
the adoptee or the spouse of such parent
4) coming from a country with whom the Philippines has diplomatic relations
5) possesses all the qualifications provided in other applicable Philippine laws

WHERE TO FILE APPLICATION

- shall be filed either with:
a) the Philippine Regional Trial Court; or
b) the Inter-Country Adoption Board, through an intermediate agency in the country of the
prospective adoptive parents

SUPERVISED TRIAL CUSTODY

- shall be at least six (6) months

IMPORTANT PROVISIONS OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification declaring a child legally
available for adoption
- amended provisions of RA 8552 and RA 8043
- approved on 12 March 2009

IMPORTANT PROVISIONS OF RA 7610

RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND

DISCRIMINATION ACT
- approved on 17 June 1992
- this law is also commonly referred to as the Anti-Child Abuse Act

RA 7658 – amendatory law to RA 7610

- approved on 9 November 1993
- this law amended the provisions of RA 7610 regarding working children
- this law was further amended by RA 9231

CHILD ABUSE
- refers to maltreatment, whether habitual or not, of the child

FORMS OF CHILD ABUSE

1) CRUELTY – refers to any word or deed which debases, degrades or demeans the intrinsic worth
and dignity of the child as human being
2) PHYSICAL INJURY – includes but is not limited to lacerations, fractured bones, burns, internal
injuries, severe injuries, or serious bodily harm suffered by a child
3) PSYCHOLOGICAL INJURY – means harm to a child’ psychological or intellectual functioning
which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive
behavior
4) NEGLECT – means failure to provide, for reasons other than poverty, the basic needs of the
child, such as food, clothing, medical care, shelter and basic education
5) SEXUAL ABUSE – includes the employment, use, inducement or coercion of a child to engage
in sexual intercourse or lascivious conduct; the molestation, prostitution and or incest with
children

CHILD PROSTITUTION
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 - exploitation of children, whether male or female, by coercing them into indulging in sexual
intercourse or lascivious conduct for money, profit or any other consideration

WHO ARE CRIMINALLY LIABLE FOR CHILD PROSTITUTION:

1) those who engage in or promote, facilitate or induce child prostitution, such as:
a) those acting as procurer of a child prostitute
b) parents, guardians, or relatives who knowingly allow or coerce their children or ward into
prostitution
2) those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
child prostitution, such as:
a) clients of child prostitutes
3) those who derive profit or advantage there from, such as:
a) managers or owners of the establishment where the prostitution takes place

OBSCENE PUBLICATIONS AND INDECENT SHOWS

- the use, hiring, employment and coercing of children as performers, actors or models for
obscene exhibitions and indecent shows, whether live or in video, or in printed pornographic
materials

CHILDREN AS ZONES OF PEACE

- children shall not be the object of attack in situations of armed conflict
- they shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment
- children shall not be recruited to become members of the Armed Forces of the Philippines
of its civilian units, nor be allowed to take part in the fighting, or used as guides, couriers or
spies
- children shall be given priority during evacuation as a result of armed conflict

IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003

- approved on 26 May 2003

TRAFFICKING IN PERSONS
- the recruitment, transportation, transfer or harboring, or receipt of persons with or without
the victim’s consent or knowledge within or across national borders by means of threat or
use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or
prostitution, taking advantage of the vulnerability of the person, or giving or receiving of
payments or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs

- the recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in person” even if it does not involve any
of the means set forth in the preceding paragraph
QUALIFIED TRAFFICKING IN PERSON

1) When the trafficked person is a child;

2) When the adoption is effected through RA 8043 and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
3) When the offender is an ascendant, parent, sibling, guardian or a person who exercised
authority over the trafficked person or when the offense is committed by a public officer or
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 employee

FORCED LABOR AND SLAVERY

- refers to the extraction of work or services from any person by means of enticement,
violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception

SEX TOURISM
- refers to a program organized by travel and tourism related establishments and individuals
which consist of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists

PORNOGRAPHY
- refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes

DEBT BONDAGE
- refers to pledging by the debtor of his or her personal services or labor or those of a person
under his or her control as security or payment for a debt, when the length and nature of
services are not clearly defined or when the value of the services as reasonably assessed is
not applied toward the liquidation of debt

IMPORTANT PROVISIONS OF RA 9231

RA 9231 -the law prohibiting the worst forms of child labor

- amendatory law to RA 7160 and RA 7658
- amended the provisions of RA 7160 regarding working children
- approved on 19 December 2003

Children below fifteen (15) years of age shall not be employed, except:

1) When a child works directly under sole responsibility of his parents or legal guardian and where
only members of the employer’s family are employed
2) Where a child’s employment or participation in public entertainment or information through
cinema, theatre, radio or television is essential, with the approval of the Department of Labor
and Employment (DOLE)
- it is the duty of the employer to submit to the DOLE a report of all children employed by him
- if a domestic is under sixteen (16) years of age, the head of the family shall give him or her
an opportunity to complete at least elementary education, the cost of which shall be a part
of the domestic’s compensation

WORK PERMIT OF WORKING CHILDREN

- it shall be the duty of the employer to secure permit from the DOLE of working children
employed by him

EMPLOYMENT CONTRACT OF WORKING CHILDREN

- the contract shall be signed by the working child’s parent or legal guardian, with the
express agreement of the child

WORKING HOURS

If the child is under 15:

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 - may work for maximum of four (4) hours a day, twenty (20) hours a week
- may work between six o’clock in the morning to eight o’clock in the evening (6am to 8pm)

If the child is 15 but under 18:

- may work for maximum of eight (8) hours a day, forty (40) hours a week
- may work between six o’clock in the morning to ten o’clock in the evening (6am to 10pm)

PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS

- no child shall be employed as a model in any advertisement directly or indirectly promoting
the following:
a) alcoholic beverages
b) intoxicating drinks
c) tobacco and cigarettes
d) gambling
e) any form of violence or pornography

IMPORTANT PROVISIONS OF RA 9262

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

- approved on 8 March 2004

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

- refers to any act or a series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had a sexual or dating
relations, or with whom he has a common child, or against her child, whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty

PHYSICAL VIOLENCE
- refers to acts that include bodily or physical harm

SEXUAL VIOLENCE
- refers to an act which is sexual in nature, committed against a woman or her child

PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, and repeated verbal abuse

ECONOMIC ABUSE
- refers to acts that make or attempt to make a woman financially dependent

BATTERY
- refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress

STALKING
- refers to an intentional act committed by a person who knowingly and without lawful
justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly

PHILIPPINE JUVENILE JUSTICE SYSTEM RA 9344

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– the JUVENILE JUSTICE AND WELFARE ACT OF 2006
- approved on 28 April 2006
- became effective on 20 May 2006
- repealed the provisions of the Revised Penal Code and Presidential Decree No 603 on minor
offenders

IMPORTANT TERMS INTRODUCED BY RA 9344 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, re-integration and aftercare to ensure their normal growth and
development

RESTORATIVE JUSTICE
- refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community; seeks to obtain reparation for the
victim, reconciliation of the offender, the offended and the community and reassurance to
the offender that he or she can be reintegrated into society

CHILD AT RISK
- refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances

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

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

INTERVENTION
- refers to a series of activities which are designed to address issues that caused the child to
commit an offense
- may take the form of an individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance his or her psychological,
emotional and psycho-social well-being

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 or her social, cultural,
economic, psychological or educational background without resorting to formal court
proceedings
DIVERSION PROGRAM
- refers to the program that the child in conflict with the law is required to undergo after he or
she is found responsible for an offense without resorting to formal court proceedings

YOUTH DETENTION HOME

- refers to a 24-hour child-caring institution managed by accredited local government units
and licensed and/or accredited non-governmental organizations providing short-term
residential care for children in conflict with the law who are awaiting court disposition of
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 their cases or transfer to other agencies or jurisdiction

YOUTH REHABILITATION CENTER

- refers to a 24-hour residential care facility managed by the DSWD, local government units,
licensed or accredited non-governmental organizations monitored by the DSWD, which
provides care, treatment and rehabilitation services for children in conflict with the law

RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

1) the right not to be imposed a sentence of capital punishment or life imprisonment

2) the right to be detained or imprisoned as a disposition of last resort, which shall be for the
shortest appropriate period of time
3) the right to be separated from adult offenders at all times: during detention, while being
transported to and from the court and while waiting for the hearing
4) the right to be detained only with other detainees of the same sex, if detention is necessary
5) the right to be searched only by a law enforcement officer of the same gender
6) the right not to be handcuffed, when such is not necessary
7) the right to have his parents or guardians present
8) the right to diversion if he or she is qualified and voluntarily avails of the same
9) the right to AUTOMATIC SUSPENSION OF SENTENCE
10) the right to probation as an alternative to imprisonment, if qualified under the Probation Law
11) the right to have the records and proceedings involving him be considered PRIVILEGED AND
CONFIDENTIAL

MINIMUM AGE OF CRIMINAL RESPONSIBILITY

- a child FIFTEEN (15) YEARS OF AGE OR UNDER at the time of the commission of the
offense shall be EXEMPT from CRIMINAL LIABILITY, but he shall undergo INTERVENTION
PROGRAM
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE
shall likewise be EXEMPT from CRIMINAL LIABILITY, if he or she acted WITHOUT
DISCERNMENT, but he shall undergo INTERVENTION PROGRAM
- however, they are exempted only from criminal liability and not from civil liability
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE
who acted WITH DISCERNMENT shall be subjected to the DIVERSION PROCEEDINGS and
shall undergo DIVERSION PROGRAM, if qualified
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE
who acted WITH DISCERNMENT and who is NOT QUALIFIED for DIVERSION, OR REFUSED to
undergo DIVERSION, shall be PROSECUTED

TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL RESPONSIBILITY

- it shall be the duty of the law enforcement officer to determine the age of the child
apprehended
- if the child apprehended is FIFTEEN (15) YEARS OLD OR BELOW, the law enforcement
officer MUST RELEASE THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR
GUARDIANS, OR THE CHILD’S NEAREST RELATIVE
- it shall also be the duty of the law enforcement officer to give notice to the local social
welfare and development officer as to the apprehension of the child in conflict with the law

COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

- shall be instituted in local government units from the barangay to the provincial levels
- shall include community-based programs on juvenile justice and welfare
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COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE
- shall be instituted by the local government units through the school, youth organizations,
and other concerned agencies
- shall respond to the special needs, problems, interests and concerns of children and which
offer appropriate counseling and guidance to them and their families
- these programs shall consist of three (3) levels:

1) PRIMARY INTERVENTION
- includes general measures to promote social justice and equal opportunity, which tackle
perceived root causes of offending

2) SECONDARY INTERVENTION
- includes measures to assist children at risk

3) TERTIARY INTERVENTION
- includes measures to avoid unnecessary contact with the formal justice system and other
measures to prevent re-offending

SYSTEM OF DIVERSION
- children in conflict with the law shall undergo diversion proceedings subject to the following
conditions:

1) the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
2) in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
3) in cases where the imposable penalty exceeds six (6) years, diversion measures may be
resorted to only by the court

- the diversion proceedings shall be completed within FORTY-FIVE (45) DAYS

CONTRACT OF DIVERSION
- shall be prepared if the child:
1) is qualified for diversion; and
2) voluntarily admits the commission of the act and the parents or guardian of the child
and the child himself agrees to the diversion program
- it must be signed by the child’s parents or guardian and the authorities concerned

PROSECUTION
- a child in conflict with the law shall undergo PROSECUTION if:
1) he is not qualified for diversion
2) he is qualified for diversion but he or his parents or guardian does not agree to
diversion
3) diversion is not appropriate for the child in conflict with the law, based on the social
worker’s recommendations

CONDUCT OF PRELIMINARY INVESTIGATION

- there shall be a specially-trained prosecutor to conduct inquest, preliminary investigation
and prosecution of cases involving children in conflict with the law
- the information against the child shall be filed before the Family Court within FORTY- FIVE
DAYS from the start of the preliminary investigation

COURT PROCEEDINGS
- during trial, the court shall order:
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 1) the release of the child on recognizance to his or her parents and other suitable persons
2) the release of the child on bail
3) if the child is to be detained, the transfer of the child to a youth detention home
- detention of the child shall be ordered only as a last resort

AUTOMATIC SUSPENSION OF SENTENCE

- if the child in conflict with the law is found guilty of the offense charged, the court shall
place the child under suspended sentence, without need of application
- the automatic suspension of sentence may be extended until the child reaches the
maximum age of TWENTY-ONE (21) YEARS OLD
- the court shall order the detention of the child in a youth rehabilitation center where he shall
undergo the appropriate disposition measures

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 if the court finds that the disposition measures
have been fulfilled

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 have
not been fulfilled, or if the child has willfully failed to comply with the conditions of his or her
rehabilitation program, the child shall be returned to court for the EXECUTION OF JUDGMENT

PROBATION
- a child in conflict with the law whose sentence was executed by the court upon reaching the
maximum age of TWENTY-ONE (21) shall be entitled to the benefits of probation under PD
968, the Probation Law of 1976

OFFENSES NOT APPLICABLE TO CHILDREN

- persons below eighteen (18) years old shall be exempt from prosecution for the following
crimes:
1) vagrancy and prostitution under the Revised Penal Code
2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619

IMPORTANT PROVISIONS OF RA 9775 REPUBLIC

ACT 9775 – the ANTI-CHILD PORNOGRAPHY ACT OF 2009

- approved on
- the law that amended the provisions of RA 7610 on obscene publications and indecent
shows
- it aims to protect every child from all forms of exploitation and abuse through the use of a child
in pornographic performances and materials and the inducement or coercion of a child to
engage or to be involved in pornography

CHILD PORNOGRAPHY
- refers to any representation, whether visual, audio or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities

SYNDICATED CHILD PORNOGRAPHY

- committed if carried out by a group of three (3) or more persons conspiring or
confederating with one another

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 CRIM. 5: HUMAN BEHAVIOR AND CRISIS MANAGEMENT

Human Behavior
- anything an individual does that involves self-initiated action and/or reaction to a given
situation.
- the sum total of man's reaction to his environment or the way human beings act

Human Beings
Human beings are intelligent social animals with the mental capacity to comprehend, infer and
think in rational ways.

Views in Human Behavior

1. Neurological View – deals with human actions in relation to events taking place inside the body such
as the brain and the nervous system.
2. Behavioral View – emphasizes on external functions of the human being that can be observed and
measured.
3. Cognitive View – it is concerned with the way the brain processes and transforms information into
various ways.
4. Psychoanalytical View – emphasizes unconscious motives that originate from aggressive impulses
in childhood.
5. Humanistic View – focuses on the subject’s experience, freedom of choice and motivation toward
self-actualization.

Two Basic Types of Behavior

1. Inherited (Inborn) behavior – refers to any behavioral reactions or reflexes exhibited by people
because of their inherited capabilities or the process of natural selection.
2. Learned (Operant) behavior – involves knowing or adaptation that enhances human beings’
ability to cope with changes in the environment in ways which improve the chances of survival.
Learned behavior may be acquired through environment or training.

Classifications of Human Behavior

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

Causes of Human Behavior

 Sensation – is the feeling or impression created by a given stimulus or cause that leads to a
particular reaction or behavior.
Human Senses:
a. Visual – sight
b. Olfactory – smell
c. Cutaneous – touch
d. Auditory – hearing
e. Gustatory – taste
 Perception – refers to the person’s knowledge of a given stimulus which largely help to
determine the actual behavioral response in a given situation
 Awareness – refers to the psychological activity based on interpretation of past experiences
with a given stimulus or object.

Factors that affect Human Behavior

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  Heredity – it is the passing of traits to offspring (from its parent or ancestors). This is the
process by which an offspring cell or organism acquires or becomes predisposed to the
characteristics of its parent cell or organism.
 Environment – refers to surroundings of an object. It consists of conditions and factors that
surround and influence behavioral pattern.
 Learning – is the process by which an individual’s behavior changes as a result of experience or
practice.

Personality Traits that Affect Human Behavior

1. Extroversion – characterized by interests directed toward the external environment of people and
things rather than toward inner experiences and oneself.
2. Introversion – characterized by direction of interest toward oneself and one’s inner world of
experiences. Introverts, in contrast, tend to be more reserved, less outgoing, and less sociable.
3. Ambiversion – is a balance of extrovert and introvert characteristics. An ambivert is normally
comfortable with groups and enjoys social interaction, but also relishes time alone and away from the
crowd.
4. Neuroticism – persons high in neuroticism react intensely and are generally moody, touchy,
depressed, sensitive and anxious or nervous. They respond more poorly to environmental stress, and
are more likely to interpret ordinary situations as threatening, and minor frustrations as hopelessly
difficult.
5. Psychoticism – is characterized by cold cruelty, social insensitivity, disregard for danger,
troublesome behavior, dislike of others and an attraction towards unusual. A person high on
psychoticism tends to be impulsive, aggressive individual without appreciable concern for others.

Frustration in Human Behavior

Frustration refers to the situation which blocks the individual’s motivated behavior. Sustained
frustration may be characterized by anxiety, irritability, fatigue or depression.

Three Basic Forms of Conflict

1. Approach-Avoidance Conflict - occurs when an individual moves closer to a seemingly desirable
object, only to have the potentially negative consequences of contacting that object push back against
the closing behavior.
2. Approach-Approach Conflict - This is a conflict resulting from the necessity of choosing between
two desirable alternatives. There are usually two desirable things wanted, but only one option can be
chosen.
3. Avoidance-Avoidance Conflict - This form of conflict involves two undesirable or unattractive
alternatives where a person has to decide of choosing one of the undesirable things.

Coping Mechanism
It is defined as the way people react to frustration. People differ in the way they react to
frustration. This could be attributed to individual differences and the way people prepared in the
developmental task they faced during the early stages of their life.

Frustration Tolerance
It is the ability to withstand frustration without developing inadequate modes of response such
as being emotionally depressed or irritated, becoming neurotic, or becoming aggressive.

Broad Reactions to Frustration

 Fight – is manifested by fighting the problem in a constructive and direct way by means of
breaking down the obstacles preventing the person reaching his goals.
 Flight – it can be manifested by sulking, retreating, becoming indifferent and giving up.

Different Types of Reaction to Frustration

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  Direct approach - can be seen among people who handle their problems in a very objective way.
They identify first the problem, look for the most practical and handy way to solve it, and
proceeded with the constructive manner of utilizing the solution which will produce the best
results.
 Detour - when an individual realizes that in finding for the right solution of the problem, he
always end up with a negative outcome or result. Thus, he tries to make a detour or change
direction first and find out if the solution or remedy is there.
 Substitution - most of time are resulted to in handling frustration when an original plan intended
to solve the problem did not produce the intended result, thus the most practical way to face the
problem, is to look for most possible or alternative means.
 Withdrawal or retreat - is corresponding to running away from the problem or flight which to
some is the safest way.
 Developing feeling of inferiority - comes when a person is unable to hold on to any solution
which gives a positive result. Being discourage to go on working for a way to handle a
frustration could result to diminishing self-confidence, until the time when inferiority complex
sets in.
 Aggression - is a negative outcome of a person's inability to handle frustration rightly.
Manifestation in physical behavior can be observed in one's negative attitudes towards life both
in the personal and professional aspect.
 Use of Defense Mechanism – is the most tolerated way of handling frustration. It is a man’s
last result when a person attempts to overcome fear from an anticipated situation or event.
Defense Mechanism – is an unconscious psychological process that serves as safety valve that
provides relief from emotional conflict and anxiety.

Common Defense Mechanisms

 Displacement - strong emotion, such as anger, is displaced onto another person or object as the
recipient of said emotion (anger), rather than being focused on the person or object which
originally was the cause of said emotion.
 Rationalization - is the defense mechanism that enables individuals to justify their behavior to
themselves and others by making excuses or formulating fictitious, socially approved
arguments to convince themselves and others that their behavior is logical and acceptable

 Compensation - is the psychological defense mechanism through which people attempt to

overcome the anxiety associated with feelings of inferiority and inadequacy in one is of
personality or body image, by concentrating on another area where they can excel.
 Projection - manifest feelings and ideas which are unacceptable to the ego or the superego and
are projected onto others so that they seem to have these feelings or ideas, which free the
individual from the guilt and anxiety associated with them.
 Reaction formation - is defined as the development of a trait or traits which are the opposite of
tendencies that we do not want to recognize. The person is motivated to act in a certain way,
but behaves in the opposite way. Consequently, he is able to keep his urges and impulses under
control.
 Denial – when a person uses this, he refuses to recognize and deal with reality because of strong
inner needs.
 Repression – is unconscious process whereby unacceptable urges or painful traumatic
experiences are completely prevented from entering consciousness.
 Suppression - which is sometimes confused with that of repression, is a conscious activity by
which an individual attempts to forget emotionally disturbing thoughts and experiences by
pushing them out of his mind.
 Identification - an individual seeks to overcome his own feelings of inadequacy, loneliness, or
inferiority by taking on the characteristics of someone who is important to him.
An example is a child who identifies with his parents who are seen as models of intelligence,
strength and competence
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  Substitution - through this defense mechanism, the individual seeks to overcome feelings of
frustration and anxiety by achieving alternate goals and gratifications.
 Fantasy - this is resulted to whenever unfulfilled ambitions and unconscious drives do not
materialize.
 Regression – a person reverts to a pattern of feeling, thinking or behavior which was
appropriate to an earlier stage of development.
 Sublimation – is the process by which instinctual drives which consciously unacceptable are
diverted into personally and socially accepted channels. It is a positive and constructive
mechanism for defending against own unacceptable impulses and needs.

Normal Behavior
This refers to a lack of significant deviation from the average. Another possible definition is that
"a normal" is someone who conforms to the predominant behavior in a society.
Social norms – rules that a group uses for appropriate and inappropriate values, beliefs,
attitudes and behaviors.

Abnormal Behavior
Literally means "away from the normal". It implies deviation from some clearly defined norm. In
the case of physical illness, the norm is the structural and functional integrity of the body.

BEHAVIORAL DISORDERS
I. PSYCHOSOMATIC DISORDER
A disorder in which the physical illness is considered to be highly associated with emotional
factors. The individual may not perceive that his emotional state is contributing to his physical illness.

II. NEUROSIS
Neurosis is a class of functional mental disorders involving distress but neither delusions nor
hallucinations, whereby behavior is not outside socially acceptable norms. The distinguishing feature of
neurosis is a sustained characteristic of showing anxiety, fear, endless troubles that carries significant
aspects of the individual’s life.

III. ANXIETY DISORDERS

Anxiety disorders are blanket terms covering several different forms of abnormal and
pathological fear and anxiety. People experience excessive levels of the kind of negative emotions that
we identify as being nervous, tense, worried, scared, and anxious. These terms all refer to anxiety.
 Forms of Anxiety
A. Phobias
This is an intense, unrealistic fear. In this case, anxiety is focused so intensely on some objects
or situations that the individual is acutely uncomfortable around it and will often go to great pain to
avoid it.

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  TYPES OF PHOBIAS
❑ Acrophobia - high places ❑ Monophobia - being alone
❑ Agoraphobia - open spaces and market ❑ Nyctophobia - darkness
places ❑ Ochlophobia - crowds
❑ Malgophobia - pain ❑ Hydrophobia - water
❑ Astraphobia - storms, thunder, and ❑ Pathophobia - disease
lightning ❑ Pyrophobia - fire
❑ Gynophobia – fear of dogs ❑ Syphilophobia - syphilis
❑ Claustrophobia - closed places ❑ Zoophobia - animals or some particular
❑ Hematophobia - blood animals
❑ Mysophobia - contamination or germs

B. Obsessive-Compulsive Disorders
1. Obsession – This is an anxiety provoking thoughts that will not go away. Thoughts and impulses
which occur in the person’s mind despite attempts to keep them out. They seem uncontrollable, as if
they do not belong to the individual's mind.
2. Compulsion – It is an urge wherein a person is compelled to perform some actions against his free
will and with duress as a result of external factors. This is an irresistible urge to engage in certain
pattern of behavior.
EXAMPLES OF COMPULSION
1. Arithomania – the impulse to count anything.
2. Dipsomania – the impulse to drink liquor.
3. Homicidal mania – the impulse to kill.
4. Kleptomania – the impulse to steal.
5. Megalomania – the impulse for fame or power.
6. Pyromania – the impulse to set fire.
7. Suicidal mania – the impulse to take one’s life.

IV. SOMATOFORM DISORDERS

"Soma" means body, and somatoform disorders involve a neurotic pattern in which the
individuals complain of bodily symptoms that suggest the presence of a physical problem, but for which
no organic basis can be found. Such individuals are typically preoccupied with their state of health and
with various presumed disorders or diseases of bodily organs.

Three Distinct Somatoform Patterns

1. Somatization Disorder
This is an intensely and chronically uncomfortable condition that indirectly creates a
high risk of medical complications. It takes the form of chronic and recurrent aches, pains, fever,
tiredness and other symptoms to bodily illness. Individuals frequently experience memory difficulties,
problems with walking, numbness, block-out spells, nausea, menstrual problems and a lack of pleasure
from sex.

2. Conversion Disorders and Somatoform Pain Disorders

❑ Conversion disorders – are somatoform disorders in which individuals experience serious
somatic symptoms such as functional blindness, deafness, paralysis, fainting, seizures, inability
to speak or other serious impairments in the absence of any physical cause.
❑ Somatoform pain disorders – are somatoform disorders in which the individual experiences a
relatively specific and chronic pain that has a psychological rather than physical cause. It is very
similar to conversion disorders except that the primary symptom is pain that has no physical
cause.
3. Dissociative Disorders
This covers a broad category of loosely related rare conditions involving sudden alterations in

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cognition, characterized by change in memory, perceptions or "identity".
❑ defined as conditions that involve disruptions or breakdowns of memory, awareness, identity
and/or perception.

Types of Dissociative Disorders

a. Amnesia – This refers to loss of memory that can have either physical or psychological cause. It most
often occurs after a period of intense stress and involves loss of memory for all or part of the stressful
experience itself.
b. Psychogenic Fugue State – This resembles amnesia in that there is a loss of memory but the loss is
so complete that the individuals cannot remember his or her identity or previous life.
c. Depersonalization – This refers to experiences in which the individual feels that he or she has
become distorted or "unreal" or that distortions have occurred in one's surroundings. One might feel
that she is a real robot - even though she knows she is a real person - or that her room is not real or that
her parents are not real people.
d. Multiple Personality – This is a dissociative disorder in which the individual shifts abruptly and
repeatedly from one personality to another as if more than one person were inhabiting the same body.
This is commonly known as "split personality disorder."

V. PERSONALITY DISORDERS
Personality disorders, formerly referred to as character disorders, are a class of
personality types and behaviors defined as “an enduring pattern of inner experience and behavior that
deviates markedly from the expectations of the culture of the individual who exhibits it”. This category
includes those individuals who begin to develop a maladaptive behavior pattern early in childhood as a
result of family, social, and cultural influences.

Types of Personality Disorders

1. Paranoid Personality – This is characterized by suspiciousness, hypersensitivity, rigidity, envy,
excessive self-importance, and argumentativeness plus a tendency to blame others for one's own
mistakes and failures and to ascribe evil motives to others.
2. Schizoid Personality – Individuals with this personality disorder neither deserve nor enjoy close
relationship. They live a solitary life with little interest in developing friendships. They exhibit emotional
coldness, detachment, or a constricted affect.
- characterized by a lack of interest in social relationships, a tendency towards a solitary lifestyle,
secretiveness, and emotional coldness.
3. Schizotypal Personality – Individuals with this type of personality disorder exhibit odd behaviors
based on a belief in magic or superstition and may report unusual perceptual experiences.
4. Histrionic Personality – this is characterized by attempt to be the center of attention through the use
of theatrical and self-dramatizing behavior. Sexual adjustment is poor and interpersonal relationships
are stormy.
 characterized by excessive emotionality and attention-seeking, including an excessive need for
approval and inappropriate seductiveness, usually beginning in early adulthood.
5. Narcissistic Personality – Individuals with this type of personality have a pervasive sense of self-
importance.
A disorder and its derivatives can be caused by excessive praise and criticism in childhood,
particularly that from parental figures.
6. Antisocial Personality – This is characterized by a lifelong history of inability to conform to social
norms. They are irritable and aggressive" and may have repeated physical fights. These individuals
also have a high prevalence of morbid substance abuse disorders.
7. Borderline Personality – This is characterized by instability, reflected in drastic mood shifts and
behavior problems. Individuals with this type of personality are acutely sensitive to real or imagined
abandonment and have a pattern of repeated unstable but intense interpersonal relationships that
alternate between extreme idealization and devaluation. Such individuals may abuse substances or
food, or be sexually promiscuous.
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8. Avoidant Personality – Individuals with this personality are fearful of becoming involved with people
because of excessive fears of criticism or rejection.
9. Dependent Personality – This is characterized by inability to make even daily decisions without
excessive advice and reassurance from others and needs others to assume responsibility for most
major areas of his or her life.
10. Compulsive Personality – This is characterized by excessive concern with rules, order efficiency,
and work coupled with insistence that everyone do things their way and an inability to express warm
feelings.
11. Passive-Aggressive Personality – The individual with personality disorder is usually found to have
overindulged in many things during the early years to the extent that the person comes to anticipate
that his needs will always be met and gratified.

VI. AFFECTIVE DISORDERS

The term affect is roughly equivalent to emotion or to mood. The affective disorders are mood
disorders in which extreme and inappropriate levels of mood
– characterized by periods of depression or elation or both.
- A manic-depressive psychosis

VII. SCHIZOPHRENIA
- a psychotic condition marked by withdrawal from reality, indifference concerning everyday
problems, and tendency to live in a world of fantasy.
- formerly called dementia praecox by Emil Kreaplin, a German psychiatrist.
- the term schizophrenia was given by Eugene Bleuler which literally means “splitting of minds”.

Types of Schizophrenia
 Simple Schizophrenia – is characterized by a gradual decline of interest and ambition. The
person withdraws from social contacts as well as irritable and inattentive.
 Paranoid Schizophrenia – is characterized principally by delusions of persecutions and/or
grandeur. Hallucinations, usually auditory, are most of time present.
 Hebephrenic Schizophrenia – manifests severe integration of personality and can be observed
through inappropriate giggling and smiling without apparent reasons which to an untrained
observer may only be childish playfulness.
 Catatonic Schizophrenia – manifests extreme violence and shown with excessive motor
activity, grimacing, talkativeness and unpredictable emotional outburst.

VIII. PARANOIA
Paranoia refers to cases showing delusions and impaired contact with reality but without the
severe personality disorganization characteristic of schizophrenia.
- The main symptom is characterized by suspicion

COMMON TYPES OF PARANOIA

1. Persecutory Paranoia – having delusions of persecution.
2. Litigious Paranoia – both delusions of persecution and grandeur
3. Erotic Paranoia – delusion that a certain person is in love with him or her.
4. Exalted Paranoia – with great power of importance.
5. Jealous Paranoia – characterized by irrational jealousy.
Copycat Crime
Copycat crime is crime inspired by another crime that has been publicized in the news media or
fictionally or artistically represented in which the offender incorporates aspects of the original offense.

SEXUAL DEVIANCY
A sexual act that seeks gratification by means other than heterosexual relationship.
HETEROSEXUALITY – normal sexual relationship between members of the opposite sex which could
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lead to reproduction.

TYPES OF SEXUAL DEVIANCY

❑ Homosexuality
- sexual desire towards the same sex
❑ Transvestitism
- obtaining sexual gratification by wearing the clothes of the opposite sex.
❑ Voyeurism
- obtaining sexual pleasure by watching the members of the opposite sex undressing or
engaging in sexual activities.
❑ Exhibitionism - obtaining pleasure by exposing one’s genitals to others.
❑ Fetishism - obtaining sexual gratification primarily and exclusively from specific objects.
❑ Sadism – by inflicting pain to others
❑ Masochism – by inflicting pain upon themselves .
❑ Sodomy – sexual act through the anus of another human being.
❑ Froilism – a form of sexual perversion in which three (3) persons are participating in sexual act.
❑ Pluralism – a group participates in sexual orgies (sexual festival).
❑ Cunnilingus – licking of woman’s genitals
❑ Fellatio – sucking the penis
❑ Pedophilia – obtaining pleasure from sexual contact with children.
❑ Incest – sexual relations between persons related by blood.
❑ Bestiality – sexual intercourse with a living animal.
❑ Necrophilia – desire to engage in sexual intercourse with a dead body.

CRISIS MANAGEMENT

Crisis
This refers to unstable and dangerous social condition characterized by an impending
abrupt change involving economic, military, political, police, societal or personal affairs that is
approaching emergency level event.
- came from the Greek word “CRISIS” which means to separate.

EMERGENCY
Came from the Latin word “EMERGENTIA” which means dipping; plunging. It is a sudden condition
or state of affairs calling for immediate action.

Crisis Management
It refers to the action undertaken to unify and coordinate resources and efforts to effectively and
efficiently quell a given criminal/life threatening situation.
Also defined as the expert handling of emergency or crisis to reduce or eliminate danger or
damage.

EMERGENCY, CRISIS AND DISASTER DISTINGUISHED

❑ If the situation is still controlled and the response given is for the purpose of containing the
situation from getting out of control, then it is just an EMERGENCY.
❑ If the situation is already beyond normal control what is happening is already a CRISIS.
❑ If the effects of the crisis can no longer be controlled even by its author, it is now a
DISASTER.

Types of Crisis
 Natural crisis – is typically natural disasters considered as acts of God, such as environmental
phenomena as earthquakes, volcanic eruptions, tornadoes and hurricanes, floods, landslides,
tsunamis, storms, and droughts that threaten life, property, and the environment itself.

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  Man-Made Crisis
- civil disturbance, revolt, revolution, border incident, war, kidnapping, hijacking, hostage-taking,
terrorists activities, attacks on government facilities, etc.

Objectives of Crisis Management

 Resolve without further incident.
 Safety of all participants.
 Apprehension of all perpetrators.
 Accomplishment of the task within the framework of current community standard.

PURPOSE OF CRISIS MANAGEMENT:

“SALVARI VITAS” – to save lives

PHASES OF CRISIS MANAGEMENT

❑ Proactive Phase
- includes prediction, prevention and preparation.
❑ Reactive Phase
- performance, initial action, action, and post action.

LEGAL REGIMES IN DEALING WITH CRISIS

❑ Sec. 6, Article XVI, 1987 Constitution
- The State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by the NPOLCOM. The authority of local
executives over the police units in their jurisdiction shall be provided by law
❑ Sec. 444 and 445, R.A. 7160
- The mayor shall act as the deputized representative of the NAPOLCOM, which shall exercise
operational control and supervision over the local police forces in the city and municipality.

Hostage Incident
It is any incident in which people are being held by another person or persons against their will,
usually by force or coercion, and demands are being made by the hostage taker.

Characteristics of a Negotiable Incident

 There must be a need to live on the part of a hostage taker.
 There must be a threat of force on the part of the authorities.
 There must be demands by the hostage taker.
 The negotiator must be seen by the hostage taker as a person who can hurt the hostage taker
but is willing to help him.
 There must be time to negotiate.
 A reliable channel of communication must exists between the hostage taker and the negotiator.
 Both the location and the communications of the incident need to be contained in order to
encourage negotiation.
 The negotiator must be able to deal with the hostage taker making the decisions.

Hostage - Is a person held as a security for the fulfillment of certain terms

Negotiate - It means to arrange or settle by conferring or discussing.
Crisis Negotiation - means the use of communication techniques and strategies to influence a person
to change his behavior in accordance with goals within legal, ethical and moral constraints.

PRIORITIES IN HOSTAGE SITUATION

❑ Preservation of live
❑ Apprehend hostage taker
❑ To successfully negotiate; there must be need to live on the part of the hostage taker and a
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 threat of force by the authorities.

CATEGORIES OF HOSTAGE-TAKER
❑ PERSONS IN CRISIS
- people who take hostages during a period of prolonged frustration, despair and problems.
❑ PSYCHOTICS
- mentally-ill people who take hostage during a period of psychiatric disturbance.
❑ COMMON CRIMINALS
- people who take hostages for personal reason.
❑ PRISONER
- people who take hostage because of dissatisfaction and discontent regarding their living
condition in prison.
❑ POLITICAL TERRORIST
- people who take hostages because of political and ideological beliefs.

HANDLING OF SPECIFIC HOSTAGE SITUATION

1. PROFESSIONAL CRIMINAL
- easiest to handle
- rational thinker
- after assessing the situation and weighing the odds, usually come to terms with the
police.
PROPER HANDLING: show force but refrain from unnecessary violence or useless killing.

2. PSYCHOTIC INDIVIDUAL
- present different and somewhat complex problems
- irrational
PROPER HANDLING: the hostage taker may feel a degree of pleasure if he finds himself important, being
the center of attraction
- prolonging the time

3. TERRORIST
- more difficult to handle
- when caught, they rationalize by claiming to be revolutionaries a situation they resolve to die
for a cause.
PROPER HANDLING: their causes may deteriorate in the passage of time.
- if they kill one of the hostages, the negotiators then must set to save the remaining hostages.

HOSTAGE TAKER’S DEMANDS

❑ Negotiable
- food, cigarettes, drinks, alcohol, transportation, media coverage, freedom
❑ Non-Negotiable
- weapons, ammunitions, drugs, release of prisoners, exchange of hostages
PRINCIPLES IN HOSTAGE NEGOTIATION
❑ the hostage has no value to the hostage taker
❑ the priorities in the hostage situations are the preservation of life and the apprehension of the
hostage taker, recover and protect property.
❑ hostage situation must not go violently
❑ there must be a need to live on the part of the hostage taker

IMMEDIATE ACTIONS OF THE NEGOTIATOR UPON ARRIVAL AT THE SCENE OF INCIDENT

1. Containment
❑ controlling situation and area by people involved.
2. Establish Contact

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 ❑ communicate with the leader
3. Time Lengthening
❑ give more time to the police to organize and coordinate plan of action.
4. Telephone Negotiation Technique
4.1. Be the caller (talk with the leader only)
4.2. Plan and prepare
4.3. Be ready with graceful exit
4.4. Discipline yourself to listen.
4.5. Do not tell that you are the commander, neither your rank
4.6. Just tell “My name is…I am a police negotiator and willing to help.
4.7. Delay tactic – to wear down hostage taker, physically, psychologically and emotionally. Will
also give more time for police organize and coordinate plan course of action.
4.8. In case hostage taker won’t talk, continue negotiating. Don’t loss hope!

Advantages of Telephone Conversation

1. easier to say NO
2. easier to conclude the conversation
3. conversation is quicker
4. important items are more easily committed
5. caller has the advantage
5. Need for face-to-face conversation
❑ Don’t be over anxious
❑ wear body armor
❑ have tactical back-up (snipers)
❑ Face-to-face, maintain proper distance;
◦ Proper distance – 1 to 3 feet.
◦ Intimate distance – about 6 inches
❑ in retreating, face hostage taker slowly backing out of the door.
6. Surrender approach– start with a position approach, act as if hostage taker will surrender. Do not
talk too much. Gradually ask him to surrender. Reassurance is the wisest thing to do. Talk details of
surrender process. And explain why now is better than later.

Crisis Negotiation Bargaining Techniques

❑ The use of time to increase basic needs, making it more likely that the subject will exchange a
hostage for some basic needs.
❑ The used of time to collect intelligence on the subject that will help develop a trade.
❑ The use of time to reduce the subject’s expectation of getting what he wants.
❑ Trades can be made for food, drink, transportation and money.
❑ Trades cannot be made for weapons or the exchange of hostages.
❑ The boss does not negotiate.
❑ Start bidding high to give yourself room to negotiate.
❑ Never draw attention to the hostages, it gives the subject too much bargaining power.
❑ Manipulate anxiety levels by cutting off power, gas, etc.
Stockholm Syndrome
It is the development of unique relations between the hostages and the hostage taker. A strong
attachment of the hostage victim to the hostage takers after a long period of captivity, by the hostage
became sympathizer of the hostage takers.

CRISIS MANAGEMENT TEAM

Team – is a small group of people with complementary skills who are committed to a common
purpose, performance goals and approach for which they hold themselves mutually accountable.

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The Negotiating Team
 Negotiator Supervisor – is responsible for the overall functioning of the negotiating team. In
addition to his supervisory skills, the supervisor must have leadership ability. He should see to it
that the situation is negotiable, appropriate personnel is available, intelligence is gathered in
timely manner, communications are established, negotiation strategy is working-out, an
appropriate record of the negotiation is kept and the commander is well informed.
 Primary Negotiator – is the direct communication link to the hostage taker and is responsible
for developing verbal tactics, monitoring and assessing the hostage taker’s level of emotional
arousal and helping the hostage taker engage in problem solving.
 Secondary Negotiator – is the pipeline between the negotiation team and primary. He helps to
develop verbal tactics, provides moral support for the primary.
 Intelligence Officer – is responsible for gathering intelligence from various sources,
interviewing all relevant persons involved in the incident, collating and disseminating that
information, maintaining and updating status boards and making sure that all response units
are receiving accurate and timely intelligence.
 Mental Health Consultant – is responsible for evaluating the personality of the hostage taker,
recommending negotiation strategies, monitoring team stress, monitoring stress among the
hostage takers and hostages.
 Equipment Officer – is someone who understands technical information regarding radios,
computers, phone systems, mechanical systems, etc. and can make minor repairs.

Command Post
It is the position from which a unit commander and his staff exercise command over the
hostage incident.

Ground Commander is the designated senior officer in command of the incident. Also termed “incident
commander”

Inner and Outer Perimeter

 Inner Perimeter – is the immediate area of containment as designated by the on ground
commander
 Outer Perimeter – is a secondary control area surrounding the inner perimeter, providing a safe
zone for access to the inner perimeter.

The Tactical Team

Is an assault team responsible in carrying out assault operation whenever negotiation fails. A
unit of specially selected, appointed, trained and equipped officers that provides assistance in those
incidents that would require special tactics, techniques and equipment.

Tactical Team Components

Tactical Supervisor – is responsible for the mobilization of the members of the team, deployment of
the containment team, development of the tactical plan and operation of the assault and arrest teams.
The tactical team is divided into three major components:
1. First Component – this component is responsible for maintaining perimeter control both
inner and outer. Also called containment sub-team.
2. Second Component – the second component is apprehension and assault team. Members
of this sub-team make an undetected approach to the location, plan and prepare for the release of
hostages, and make an assault if necessary. Also called apprehension and assault sub- team.
3. Third Component – is the sniper / observer sub-team. The sniper/observer sub- team (third
component) has two responsibilities:
 Provide intelligence on factors present at the location. These factors may include physical
layout, placement of walls, furniture, specific location of hostages and hostage takers, clothing
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 and mental state of hostages and hostage takers.
 Prepare for a shot on the hostage taker.
Verbal Tactics in Crisis Communications
 Concerned attitude – the negotiator communicates with an attitude that he has genuine interest
in the hostage taker. Example: “Tell me what happened” “That must have been
hard/sad/threatening” and “I’d really like to help you”
 Reasonable-problem solver – the negotiator assumes the role of a leader. Example: “Let’s work
together to be sure everyone is safe” “What would you like to do about this” Let’s see what other
solutions are possible”
 Buddy-fellow traveler – it is one of commiseration with the hostage taker and works well with
trapped felons, impulsive people and antisocial personalities. Example: “Man I hear you, bosses
never understand” “You know how they are about”
 Columbo-dumb but trying persona – the negotiator does not have all the answer but is trying to
do the best he can. Example: “I know it’s taking a long time but we are trying” “I hate that I can’t
help any faster but ”
 Non-judgmental and directing – the negotiator is compassionate but firm and competent. It is
good with depressed persons, disoriented or dependent people. Example: “You sound pretty
excited, take a deep breath and relax” “Let’s take this next step slow so nobody gets hurt”
“Check on your people for me to be sure everyone is alright”

Active Listening Techniques

 Open-Ended Questions/Statements –question or statements directed at the hostage taker
designed to get him to open up and give a long, verbal answer.
 Effective Pauses – not saying anything when the hostage taker finishes talking, encouraging
him to fill the empty or blank space with additional communications or information. Periods of
silence that is used to emphasize a point or to encourage the subject to say more.
 Minimal Encouragement – saying yes, ok or other verbal indicators that the negotiator is
actually listening to the hostage taker. Brief, well-timed response that let the subject knows the
negotiator is paying attention. It is a neutral non-threatening response that can be used with any
subject.
 Mirroring (Reflecting Feelings) – a response in which the negotiator mirrors back to the hostage
taker the emotions of the hostage taker in communicating, the negotiator repeats the last word
or phrase.
 Paraphrasing – a response in which the negotiator gives the hostage taker the essence of his
message in the negotiator’s words. The negotiator repeats the subject’s meaning in the
negotiators words. It shows that the negotiator is listening and understands the content of the
subject’s message.
 Emotional Labeling (Reflecting Meaning) – a response in which negotiator let the hostage taker
know he understands the facts and the feelings the hostage taker is
communicating. The use of emotionally descriptive words to show that the negotiator
understands the feelings the subject is experiencing.
 I-Messages – a response in which the negotiator expresses his emotions in response to the
hostage taker. These are messages that personalize the negotiator without becoming a
personal attack and allow negotiator to introduce new ideas without raising excessive
resistance.
 Summative Reflections – a response in which the negotiator summarizes the main facts and
feelings that the hostage taker has expressed over a relatively long period.

Implementation of Methods to Deal with Hostage situation

Rule 22. Hostage Situation of the revised PNP Operational procedures
Sec.1. Procedures to be followed in a Hostage Situation – the following steps shall be undertaken:
a. A crisis management task group shall be activated immediately
b. Incident scene shall be secured and isolated

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 c. Unauthorized persons shall not be allowed entry and exit to the incident scene
d. Witnesses’ names, addresses, and other information shall be recorded. Witnesses shall be
directed to a safe location.
Sec.2. Ground Commander – there shall be only one Ground Commander in the area. Sec.3.
Negotiators – negotiators shall be designated by the Ground commander. No one shall be
allowed to talk to the hostage-taker without clearance from the negotiating panel or Ground
Commander
Sec.4. Assault team – an assault team shall be alerted for deployment in case the negotiation fails.
Members of the assault team shall wear authorized and easily recognizable uniform during the
conduct of the operation Bonnets shall not be used.
Sec.5. Assault plan – the assault shall be planned to ensure minimal threat to life for all parties.
Sec.6. Support Personnel – an ambulance with medical crew and a fire truck shall be detailed at the
incident.
Sec.7. Coordination – proper coordination with all participating elements shall be done to consolidate
efforts in solving crisis.
Sec.8. Safety of Hostage(s) – in negotiating for the release of a hostage, the safety of the hostage shall
always be paramount.
Sec.9. Procedures to be followed during negotiations

The following shall be undertaken in the conduct of negotiations:

a. Stabilize and contain the situation;
b. Select the right time to make contact with the hostage-taker;
c. Take time when negotiating;
d. Allow hostage-taker to speak;
e. Don’t offer the hostage-taker anything. What he will ask for will be part of the negotiation;
f. Avoid directing frequent attention to the victim when talking to the hostage taker;
g. Do not call them Hostages. Be as honest as possible; avoid tricks; be sincere;
h. Never dismiss any request from the hostage-taker as trivial or unimportant;
i. Never say “NO”
j. Soften the demand
k. Never set deadline; try not to accept a deadline;
l. Do not make alternate suggestions not agreed upon in the negotiation;
m. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless
their presence is extremely necessary in the solution of the crisis; provided that they shall be
properly advised on the do’s and don’ts of hostage negotiations;
n. Do not allow any exchange of hostages, unless extremely necessary; in particular, do not
exchange a negotiator for a hostage;
o. Avoid negotiating face-to-face; and
p. Law enforcement officers without proper training shall not be allowed to participate in hostage
negotiations.

The Aftereffects of Captivity

 Emotional Aftereffects – the hostage taker is unable to emotionally relax, remains fearful of the
future, and becomes apprehensive, tense, and nervous, experiencing an anxiety like attack. The
ex-hostage may shake uncontrollably, experiencing unexplained fear.
 Cognitive Aftereffects – the hostages believed they failed themselves, co-workers, friends and
family. That somehow they are less of a person for having been captive. Self- criticizing and
second-guessing are common. Statements such as “if only I had done so and so I wouldn’t have
been captured”, are commonly heard.
 Behavioral Aftereffects – this include social and self-isolation, uncontrollable crying, and
increase or decrease in aggression, poor concentration, intrusive thoughts, trouble with
authority figures, an increase startle response and alcohol and drug abuse.
 Physical Aftereffects – this include the following:

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 a. Sleep disorder – most common physical aftereffects. Some cannot sleep the entire night,
some sleep too much than they did before captivity, some sleep much less, some can only cat-
nap. Some requires medication to sleep. Some do not enter into Stage 4 sleep and some very
seldom engage in Rapid Eye Movement (REM) sleep.

Stage 4 Sleep – is the deep sleep that immediately precedes REM sleep, it is necessary for the
body to replenish itself and it is the sleep where the greatest physiological benefits are derived.

b. Nightmares – include sights, sounds, smells, tastes, physical pains and emotions of
captivity.

c. Withdrawal from Close Personal Relationship – the ex-hostage may erect an invisible wall
and not allow anyone inside that wall.

 Medical Aftereffects – majority of hostages do not experience medical aftereffects, however to

a few who experienced prolonged, severe, and physical abusive captivity, medical aftereffects
may be an issue.

 Positive Aftereffects – some hostages may experienced positive effects of the incident in which
instead of having lowered self-esteem, have heightened self-esteem. They believed themselves
to be better people for having suffered and endured captivity and it made them a better person.

CRIM. 6: CRIMINOLOGICAL RESEARCH AND STATISTICS

Meaning of Research
= scientific investigation of phenomena which includes collection, presentation, analysis and
interpretation of facts that links man’s speculation with reality.
= systematic, controlled, empirical and critical investigation of hypothetical proposition about the
presumed relations among natural phenomena.

KINDS AND CLASSIFICATION OF RESEARCH

A. According to Purpose
1. Predictive or Prognostic Research – has the purpose of determining the future operation of the
variables under investigation with the aim of controlling or redirecting such for the better
2. Directive Research – determines what should be done based on the findings this is to remedy
an unsatisfactory condition, if there is any
3. Illuminative Research – is concerned with the interaction of the components of the variable being
investigated, as for example, “interaction of the components of educational systems and
aims to show the connections among, for example, students’ characteristics, organizational
pattern and policies, and educational consequences

B. According to Goal
1. Basic or pure Research – is done for the development of theories and Principles.
2. Applied Research – is the application of the results of pure search. This is testing the efficacy of
theories and principles. aims to test theories and concepts developed for verification, application,
development and support and their relationship to the existing fund of knowledge

C. According to the Level of Investigation

1. Exploratory Research – the researcher studies the variables pertinent to a specific situation.
2. Descriptive Research – the researcher studies the relationships of the variables.
3. Experimental Research – the experiment studies the effects of the variables on each other.

D. According to the Type of Analysis

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1. Analytical Research – the researcher attempts to identify and is isolate the components of the
research situation.
2. Holistic Research – begins with the total situation. Focusing attention on the system first and
then on its internal relationships.

E. According to Scope – Under this category is Action Research. This type of research is done on a
very limited scope to solve a particular problem which is not so big. It is almost problem solving.

F. According to Choice of Answers to Problems

1. In Evaluation research, all possible courses of action are specified and identified and the
researcher tries to find the most advantageous.
2. In developmental research, the focus is on finding or developing a more suitable instrument or
process than has been available.

G. According to Statistical Content

1. Quantitative or statistical research – is one in which inferential statistics are utilized to determine
the results of the study. Inferential statistics such as correlation, chi-square, analysis of variance, etc.
are used to test the hypothesis. This type of research usually includes comparison studies, cause-and-
effect relationships, etc.
2. Non-quantitative research – This is research in which the use of the quantity or statistics is
practically nil. This is especially true in anthropological studies where description is usually used.
Descriptive data are gathered rather than quantitative data.

H. According to Time Element

1. Historical research describes what was.
2. Descriptive research describes what is.
3. Experimental research describes what will be.

Steps in Scientific Method of Research (Sequential)

1. Determining (recognizing) the problem
2. Forming a hypothesis
3. Doing the library search
4. Designing the study
5. Developing the instruments for collecting data
6. Collecting the date
7. Analyzing the data
8. Determining implications and conclusions fro the findings
9. Making recommendations for further research.
Standard format of Thesis Writing
1. The Problem and the Setting
2. Related Literature and Studies
3. Methods of Research and Procedures
4. Analysis, Presentation, and Interpretation of Data
5. Summary, Conclusions, and Recommendations.

Principles of the Scientific Method

1. Rigid control – is the manipulation of the research variables.
2. Objectivity – is that there should be no bias or partiality in treating the result of inquiry.
3. Systematic organization – refers to proper and accurate tabulation of data as well as
presenting them in statistical tables ready for interpretation.
4. Rigorous standards – refers to the setting up of standards or principles which serve as Basis for the
evaluating the findings of a study. This also refers to the accurate statistical computation and
interpretation of qualified data.
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Three (3) Major Research Methods
Historical Descriptive
Experimental methods of research

Attributes of Good Research Problem S =

Specific – specifically stated
M = Measurable – easy to measure by using research instrument in collection of data A =
Achievable – data are achievable using correct statistical treatment/techniques to arrive at precise
results
R = Realistic – real results are not manipulated
T = Time-bound – time frame is required in every activity because the shorter completion of the activity
the better

Capsulizing Research Problem into Title

1. It should clearly and specifically stated
2. Variables investigated should by all means be written as part of the title
3. Relationship between and among variables should be indicated
4. Target population should be indicated in the title to achieve specificity
5. It should have a maximum of twenty substantive words.
6. Function words should not be placed at the end of each line
7. Title must take the form of an inverted pyramid Note:
Avoid redundancies like “A Review of…”, “An Analysis of…”, An Evaluation of…”, “An
Assessment….” and the like because even without those terms, the researcher will review,
evaluate, assess or analyze the problem posted in the study.

Avoid Plagiarism
Plagiarism is an act of incorporating into one’s work the work of another without indicating the source
= the unacknowledged used of somebody else’s words or ideas
= an act wherein the writer uses passages, ideas, writings, and statements of others without giving
due credit

Construction of the Main Problem and Sub-problem of the Study

1. The main problem of the study may be stated by briefly pointing out the objectives, the subject
and the coverage of the study.
Ex. The study aimed to assess the acceptance of an accurate polygraph results as evidence in court.
2. Specify the sub-problems of the main problem.
Ex. Specifically, it sought to answer the following sub-problems:
1. To what extent does the application of polygraph examination affect the attainment of an
accurate results to be presented as evidence in court in terms of:
1.1. examiner’s competency;
1.2. facility and instrument;
1.3. techniques and procedures; and
1.4. subject’s condition?

Theoretical Framework
✓ Theoretical framework is the foundation of the study.
✓ The theory should have a relationship with the issues posted in the study

Types of Theories
1. Descriptive Theory = seeks to describe a phenomenon
2. Prescriptive Theory = seeks to tell how and sometimes why one should or ought to behave in
certain ways

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Guidelines in Choosing Theory
1. Research must be well-founded on universally accepted, known and tested theory, principles or
concepts.
2. Research may be anchored on several theories available.

Presentation of Theoretical Framework

Ex. The framework of the study is anchored on …………..……………

Conceptual Framework
= an illustration of how research problems are generated from the theoretical framework of the study
= it may be some sort of modification of the theoretical framework or personally conceptualized by the
researcher

Presentation of Conceptual Framework/Paradigm

1. The research paradigm must clearly show the major impact of the cited theory on the
variables (dependent and independent variables) of the study.
2. An existing theory may be capsulized in a research paradigm which may be adopted with some
modifications.
3. There must be textual explanations of the variables in the paradigm. Textual explanations should
come before the figure or paradigm.

Assumption and Hypothesis

1. Assumption = self-evident truth which is based upon known fact or phenomenon. it is not usually
answered or proven because it is assumed true or correct which are beyond the control of the
researcher.
Note: In historical and descriptive researches, it is often times not explicitly expressed but left
implicit, that is, unwritten
2. Hypothesis = tentative conclusion or answer to specific question raised at the beginning of the
investigation. It is an educated guess about the answer to a specific question.

Types of Hypothesis
1. Descriptive Hypothesis = use to answer descriptive questions Ex. Sub-
problem:
1. What is the profile of the polygraph examiners of law enforcement agencies in terms of:
1.1. age;
1.2. marital status;
1.3. educational attainment; and
1.4. Length of Service
“Majority of the respondents belong to the age bracket of 30 to 40, male, college graduate and
about 20 years in service.”

2. Statistical Hypothesis = use to answer questions on the relationship or differences of data

obtained in descriptive questions.

Forms of Statistical Hypothesis

1. Null Form = always the first temporary solution to a problem
= basis of the action of acceptance or rejection
= the word null in mathematics means empty zero
= asserts that there is no significant difference or relationship between the variable
= stated in negative
Ex. There is no significant difference between

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2. Operational/Alternative (Ha) = stated in affirmative
Three forms of alternative hypothesis:
1. non-directional hypothesis
2. positive directional hypothesis
3. negative directive hypothesis

Nondirectional Hypothesis – indicates that the researcher is not interested on whether one variable
is greater or lesser than the other, but only in the difference.
Ex. Drug A and Drug B have significant effects on the cure of fever.
Ha: A = B
Positive Directional Hypothesis
Ex. Drug A is more effective than Drug B on the treatment of fever.
Ha: A > B
Negative Directional Hypothesis
Ex. Drug B is more effective that Drug A on the treatment of fever.
Ha: A < B
Formulating Hypothesis
A hypothesis is formulated after the problem has been stated and the literature study has been
concluded. It is formulated when the researcher is totally aware of the theoretical and empirical
background of the problem.

Guidelines in the Formulation of Explicit Hypothesis

In experimental investigations, comparative and correlational studies, hypothesis has to be
explicit or expressed.
In descriptive and historical investigations, hypothesis are seldom expressed if not
entirely absent. The specific questions serve as the hypothesis.
Hypotheses are usually stated in the null form because testing a null hypothesis is easier than a
hypothesis in the operational form.
Hypotheses are formulated from the specific questions upon which they are based.
Ex. of Statistical Hypothesis Sub-
problem:
Is there any significant difference on the assessment of the groups of respondents with regards to the
extent of application of polygraph examination in the attainment to be accurate results to be presented
as evidence in court in terms of examiner’s competency, facility and instrument, techniques and
procedures, and subject’s condition?

Hypothesis:
The is no significant difference on the assessment of the groups of respondents with regards to the
extent of application of polygraph examination in the attainment of accurate results to be presented as
evidence in court in terms of examiner’s competency, facility and instrument, techniques and
procedures, and subject’s condition.

Research Designs
A. Qualitative Research Design = involves in depth analysis of the problems. Its focused is to provide
accurate description of problems w/o attempting to treat or employ sophisticated statistical tools or
describe problems.

TYPES OF QUALITATIVE RESEARCH

1. Historical = systematic and critical inquiry of the whole truth of past events using the critical method
in the understanding and the interpretation of facts, which are applicable to current issues and
problems.
2. Ethnographic = aims to provide a holistic view of the problem. Data are gathered through
observation, interview and participation
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3. Case Study = intensive investigation of a particular individual, institution, community or any group
considered as a unit which includes the development, adjustment, remedial, or corrective procedures
that suitably follow diagnosis of the causes of maladjustment or of favorable development.

B. Quantitative Research Design = its focused is to describe problems descriptively and numerically. It
utilizes more statistical tests to explain the nature, characteristics, relationships and differences of
variables.

TYPES OF QUANTITATIVE RESEARCH

1. Descriptive = describes and interprets WHAT is. It is concerned with conditions or relationship that
exist, practices that prevail, beliefs and processes that are going on, effects that are being felt or
trends that are developing.

Sub-types of Descriptive Research

a. Descriptive-Survey = involves collection of information on people, events and other topics of interest
to the researcher.
b. Descriptive-Documentary = involves content analysis because the documentary technique includes
analysis of content. It is used when data cannot be obtained through questionnaire or observation.
2. Correlational = it measures the extent or magnitude of association between two variables.
=measures the existing relationship of variables
=also known as Associational Research
3. Experimental = the researcher manipulates, changes or alters the inputs or independent
variables to see the effects on the dependent variables.
=most commonly used methods to advanced scientific knowledge

SAMPLING DESIGNS
A. Scientific Sampling = each member of the population is given the chance of being included in the
sample.
Population = specific aggregation of the elements
= also known as universe
Sample = representative portion of a whole
= subset of a population

Types of Scientific Sampling

1. Restricted Random = applicable only when the population being investigated is
homogenous.
2. Unrestricted Random = the best random sampling design because no restriction is imposed and
every member of the population has an equal chance of inclusion in the sample
3. Stratified Random = it divides first the population into two or more strata. For each stratum, the
sample items were drawn at random
4. Systematic = a design which all individual in the population are arranged in a methodical manner, i.e.
alphabetical or chronological (age, experience) and the name may be selected in the construction of
the sample
5. Multistage = done in several stage, it can be two-stage, three, four or five stage, etc…,
depending on the number of stages of sampling to be used.
6. Cluster Sampling = population is group into clusters or small units, for instance, block or
districts, and are selected by random sampling or systematic sampling.
=advantageous when individuals in the districts or blocks belong to the heterogeneous group
B. Non-Scientific Sampling = in this sampling there is subjectivity on the on the part of the
researcher because not all the individual in a population are given an equal chance of being
included in the sample

Types of Non-Scientific Sampling

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1. Purposive = based on choosing individuals as sample according to the purposes of the
researcher
2. Incidental = a design applied to those samples which are take because they are most
valuable
= the researcher simply takes the nearest individual as subjects of the study until the sample reaches
the desired size
3. Quota Sampling = popular in the field of opinion research due to the fact that it is done by merely
looking for individuals with requisite characteristics

Research Instrument = a device designed or adopted by researcher for data gathering

Classification of Research Instrument

1. Researcher Instrument = the researcher obtains information or data himself with little or no direct
involvement of the other people
2. Subject Instrument = the information is collected directly from the respondents
3. Informant Instrument = the information or data is collected from those knowledgeable of the
subject matter

Commonly Used Instruments

1. Questionnaire = written or printed form containing the questions to be asked on the
respondents.

Types of Questionnaire
a. Open-Ended = respondents are forced to answer the questions asked in the questionnaire.
=best suited to a qualitative research study
b. Closed-Ended = also referred as guided response type, closed form or restricted.
= respondents are guided in answering questions
= options may be provided like in multiple choice test while answers are based on the rating scales
provided

2. Interview = involves face to face contact between the interviewee and the interviewer

TYPES OF INTERVIEW
a. Structured Interview = there is a set of carefully prepared questions and their expected answers
are provided
b. Unstructured Interview = respondents are free to express their opinions
= also termed as non-directive or informal
3. Observation = may be defined as perceiving data through the sense: sight, hearing, taste, touch
and smell
=sense of sight is the most important and most used
= most direct way and most widely used in studying behavior

TYPES OF OBSERVATION
a. Formal Observation = researcher makes a guide on what to observe. Possible responses may also be
outlined
b. Informal Observation = needs critical evaluation of the observation made to avoid biased results
= recommended for qualitative research

Recording of Results of Observation

1. Checklist = contains the items to be observed
2. Rating scale = used in observing behavior
3. Anecdotal Forms = provides for the fewer breakdowns of dimensions or factors
4. Mechanical Record = use of motion or still pictures, sound recording
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5. Stenographic Recording

Qualities of Good Research Instrument

1. Validity = degree to which a measuring instrument measures what it intends to measure

TYPES OF VALIDITY
a. Content-Related Validity = refers to content and format of the instrument which must answer
the following criteria: appropriateness; logical; adequate; and, proper format
b. Criterion-Related Validity = refers to the relationship between scores obtained using one or more
instruments or measures
c. Construct-Related Validity = refers to the nature of psychological construction or
characteristics being measured by the instrument

2. Reliability = extent to which the instrument is dependable, self-consistent and stable

=consistency of responses from moment to moment
= even a person takes the same test twice, the test yields the same results
= reliable test may not always be valid

3. Usability = otherwise known as Practicability

= degree to which the research instrument can be satisfactorily used. It may be determined thru:
a. ease of administration
b. ease of scoring
c. ease of interpretation
d. low cost
e. proper mechanical make up

Statistics = science which deals with the systematic process of collecting, organizing,
classifying, presenting, interpreting and analyzing data

TYPES OF STATISTICS
A. Descriptive Statistics = it is used to determine the nature of variables without any attempt to
critically compare the extent of relationships or differences with other variables

Tools of Descriptive Statistics

1. Frequency Counting/Distribution
2. Percentage
3. Ranking
4. Measures of Centralities
a. Mean
b. Median
c. Mode
d. Measures of Variability

B. Correlational Statistics = used to determine the degree or magnitude of association

between two variables.
=treats bivariate and multivariate problems

Specific Measures of Correlational

1. Pearson Product Moment Coefficient (Pearson r)
2. Spearman Rank-Order Coefficient of Correlation (Spearman rho)
3. Kendall’s Tau Coefficient of Correlation
4. Kendall’s Coefficient of Concordance W
5. Point Biserial Coefficient of Correlation

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6. Phi Coefficient of Correlation

C. Inferential Statistics = used when in making inferences on the magnitude of differences of the
samples from a large universe.
= used in testing hypothesis like differences bet. two or more variables
= treats bivariate and multivariate problems

Types of Inferential Statistics

1. Parametric Test = applicable when the data measured is in interval or ratio scales

TYPES OF PARAMETRIC
a. T-Test and Z-Test = used to determine two variable means which differ significantly
b. F-test = (Analysis of Variance – ANNOVA) used to determine significant differences between three
or more variables

2. Non-Parametric = used in ordinal or rank or nominal data

TYPES OF NON-PARAMETRIC
a. Chi-Square Test (X2)= used to compare the frequencies obtained in categorized variables
= used to determine the difference between three or more variables
b. Mann-Whitney U-Test
c. Sign Test
d. Lambda
e. Kruskall-Wallis
f. Friedman Analysis of Variance
g. McNemar Test
Data Analysis = an examination of data or facts in terms of quantity, quality, attribute, trait, pattern,
trend, relationship among others so as to answer research questions which involve statistical
techniques and procedures

TYPES OF DATA ANALYSIS

1. Univariate = tests a single variable to determine whether the sample is similar to the
population from which it has been drawn
2. Bivariate = it tests two variables on how they differ from each other
3. Multivariate = it tests three or more independent variables at a time on the degree of
relationship with dependent variables
4. Normative = the results of the study is compared with the norm
5. Status = stresses real facts relating to current conditions in a group of subjects chosen for study
6. Descriptive = describes the characteristics, compositions, structures that occur as units within
the larger structure
7. Classification = analysis which is usually employed in natural science subjects
8. Evaluative = it appraises carefully the worthiness of the current study
9. Comparative = the researcher considers at least two entities and establishes a formal
procedure for obtaining criterion data on the basis of which he can compare and conclude which
of the two is better
10. Cost-Effective = applicable in comparing the cost between two or more variables and to
determine which of the variable is most effective

Interpretation of Data = an act or instance of interpreting an explanation. This is done to give meaning
to data generated from the instrument to answer the problems raised in the study

Levels of Interpretation
1. Table Reading

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2. Implications or Meaning of Data
3. Cross referencing or corroboration wherein the results are to be compared with the existing
knowledge or finished studies

THESIS FORMAT

Preliminary Pages
a. Title Page
b. Approval Sheet
c. Acknowledgment
d. Dedication
e. Table of Contents
f. List of Tables
g. List of Figures
h. Abstract

Introduction
CHAPTER 1
THE PROBLEM AND ITS SETTNG
✓ Presents the problem. What the problem is all about
✓ Rational or reasons for conducting the study
Setting of the Study
✓ Locality of the study. Place where the study is to be conducted
Theoretical / Conceptual Framework
✓ Theoretical / conceptual foundation of the study
Statement of the Problem
✓ General and specific statement of the problem determined in the study
Assumption or Hypothesis
✓ Self-evident truth based upon known fact or phenomenon (Assumption)
✓ Tentative conclusion or answer to specific questions (Hypothesis)
Significance of the Study
✓ Contribution of the result of the study to individuals, institutions,
administrators, society, etc…
Scope and Limitation of the Study
✓ Boundaries in terms of time, sample, location (Scope)
✓ Weakness of the study beyond the control of the researcher (Limitation)
Definition of Terms
✓ It can be lexical or operational definition or a combination thereof of different terms
used in the study which are arranged alphabetically

Foreign Literature
CHAPTER 2
REVIEW OF RELATED LITERATURE AND STUDIES
✓ Published articles from foreign countries
Local Literature
✓ Locally published articles

Foreign Studies
✓ Foreign unpublished articles
Local Studies
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 ✓ Locally unpublished articles
Synthesis
✓ Relevance of literature and studies to the present research

Research Method
CHAPTER 3
RESEARCH METHODS AND PROCEDURES
✓ Brief description and justification of the research method used in the study
Population and Sampling Scheme
✓ Brief presentation of the entire population of the study and the type of sampling
techniques used in selecting sample respondents
Description of the Respondents
✓ Contains detailed description of the respondents as to age, sex, marital status,
nature of employment, etc…
Research Instrument
✓ Explanation on how the instrument used in gathering data was develop as well as its
detailed description.
Validation of Instrument
✓ States brief discussion on how the instrument was validated
✓ Instrument is tested on individuals who are knowledgeable of the subject matter but are
not part of the respondents of the study
Procedures in Gathering Data
✓ Contains the step by step procedures used by the researcher in reaching the
respondents in order to gather data
Statistical Treatment
✓ Contains discussion on the statistics used in consonance with the specific
problem and hypothesis to be tested

CHAPTER 4
PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA
✓ Contains the answers to all the sub-problems of the study
✓ Answers to the problems are stated one by one according to the arrangement of sub-
problems for clarity and understanding
✓ Answers are presented in textual and tabular forms. Textual explanations come after the tables

CHAPTER 5
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
The introductory paragraph should contain the summary of statement of the problem,
hypothesis as well as research design.

Summary of Findings
✓ Contains the specific findings/results of the study
✓ Presented as they were organized and categorized in the sub-problems of the study
✓ Written in past tense
Conclusions
✓ Written in present tense
✓ Should be based on the findings of the study
✓ Logical and valid outgrowth of the findings
✓ Should not contain any numerals from the findings
✓ Organized and categorized according to the sub-problems

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Recommendations
✓ An appeal to people or institutions concerned to solve the problems discovered in the
study
✓ No recommendations that will be made for problems that were not discovered in the
study
✓ Practical and attainable

224
✓

(6)

CORRECTIONAL
ADMINISTRATION

225
 INSTITUTIONAL CORRECTIONS
Alcatraz - a US federal penitentiary, Often referred to as "The Rock", the small island of Alcatraz was
developed with facilities for a lighthouse,a military fortification, a military prison (1868), and a federal
prison from 1933 until 1963.

Alexander Maconochie - was a Scottish naval officer, geographer, and penal

reformer. He is known as the Father of Parole.

His 2 Basic Principle of Penology

1. As cruelty debases both the victim and society, punishment should
not be vindictive but should aim at the reform of
the convict to observe social constraints, and
2. A convict's imprisonment should consist of task, not time
sentences, with release depending on the performance of a
measurable amount of labour.

Auburn Prison - Constructed in 1816 ,(opened 1819) it was the second state
prison in New York, the site of the first execution by electric
chair in 1890. It uses the silent or congregate system.

Banishment - a punishment originating in ancient times, that required

offenders to leave the community and live elsewhere, commonly in the
wilderness.

BJMP - (Bureau of Jail Management and Penology) government agency mandated

by law (RA 6975) to take operational and administrative control over all city,
district and municipal jails.
It takes custody of detainees accused before a court who are temporarily
confined in such jails while undergoing investigation, waiting final judgement and
those who are serving sentence promulgated by the court 3 years and below.

- created Jan. 2, 1991.

- Charles S. Mondejar - 1st BJMP chief.
- BJMP chief tour of duty, must not exceed 4 years, maybe
extended by President. Grounds:
1. In times of war
2. other national emergencies.
- Senior superintendent - the rank from which the BJMP chief is
appointed. This is the rank of the BJMP Directors of
the Directorates in the National Headquarters. This is also the
rank of the Regional Director for Jail Management
and Penology.
- Chief of the BJMP - Highest ranking BJMP officer. Appointed
by the President upon recommendation of DILG Secretary. Rank is
Director.
- BJMP Deputy Chief for Administration - the 2nd highest ranking BJMP
officer. Appointed by the President upon recommendation of the DILG
Secretary. Rank is Chief Superintendent.
- BJMP Deputy Chief for Operations - the 3rd highest ranking BJMP
officer. Appointed by the President upon recommendation of the DILG
Secretary. Rank is Chief Superintendent.
- BJMP Chief of the Directorial Staff - the 4th highest BJMP officer.

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 Appointed by the President upon recommendation of the DILG
Secretary. Rank is Chief Superintendents.

Borstal - a custodial institution for young offenders.

Borstal System - rehabilitation method formerly used in Great Britain for

delinquent boys aged 16 to 21. The idea originated (1895) with the Gladstone
Committee as an attempt to reform young offenders. The first institution was
established (1902) at Borstal Prison, Kent, England.

Branding - stigmatizing is the process in which a mark, usually a symbol or

ornamental pattern, is burned into the skin of a living person, with
the intention that the resulting scar makes it permanent as a punishment
or imposing masterly rights over an enslaved or otherwise oppressed person.

Bridewell Prison and Workhouse - was the first correctional institution in England
and was a precursor of the modern prison. Built initially as
a royal residence in 1523, Bridewell Palace was given to the city of London to
serve as the foundation for as system of Houses of Correction known as
“Bridewells.” These institutions, eventually numbering 200 in Britain, housed
vagrants, homeless children, petty offenders,
disorderly women, prisoners of war, soldiers, and colonists sent to
Virginia.

Bridewell Prison and Hospital - was established in a former royal palace in 1553
with two purposes: the punishment of the disorderly poor and housing of
homeless children in the City of London.

Bureau of Corrections - has for its principal task the rehabilitation

of national prisoners, or those sentenced to serve a term of imprisonment of
more than three years.
- has 7 prison facilities
- 1 prison institution for women
- 1 vocational training centre for juveniles.
- Classification Board - classifies inmates according to
their security status.
- Reception and Diagnostic Centre - (RDC) receives, studies and
classifies inmates committed to Bureau of Corrections.
- Board of Discipline - hears complaints and grievances with regard
to violations of prison rules and regulations.
- Iwahig Penal Farm - established in 1904 upon orders of Gov. Forbes,
then the Sec. of Commerce and police.
- New Bilibid Prison - established in 1941 in Muntinlupa Camp
Bukang Liwayway - minimum security prison.
Camp Sampaguita - medium security prison
- Davao penal Colony - established jan 21, 1932 (RA 3732)
- Sablayan Penal Colony and Farm - established Sept.27, 1954
(Proclamation No.72) location:Occidental Mindoro
- Leyte Regional Prison - established Jan.16, 1973
- Old Bilibid Prison - First Penal Institution in the Phil. designated as
insular penitentiary by Royal Decree in 1865.

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Burning at Stake - a form of ancient punishment by tying the victim in a
vertical post and burning him/her.

Cesare Beccaria - an Italian criminologist, jurist, philosopher and politician best

known for his treaties On Crimes and Punishments (1764), which condemned
torture and the death penalty, and was a founding work in the field of penology
and the Classical School of criminology

Charles Montesquieu - a french lawyer, who analyzed law as an expression of

justice. He is famous for his articulation of the theory of separation
of powers, which is implemented in many constitutions throughout the world.

Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”), Justinian
I the collections of laws and legal interpretations developed under the
sponsorship of the Byzantine emperor Justinian I from AD 529 to 565.

Commitment Order - is an act of sending a person to prison by means of such a

warrant or order.

Correctional Administration - the study and practice of a system of

managing jails and prisons and other institutions concerned with the
custody, treatment and rehabilitation of criminal offenders.

Corrections - describes a variety of functions typically carried out

by government agencies, and involving the punishment, treatment, and
supervision of persons who have been convicted of crimes.

Death Row - refers to incarcerated persons who have been sentenced to death
and are awaiting execution.

Deterrence - as contended by Cesare Beccaria, proponent of the

classical theory, that punishment is to prevent others from committing
crime.

District Jail - is a cluster of small jails, each having a monthly

average population of ten or less inmates, and is located in the vicinity of the court.
Draco - was the first legislator of ancient Athens, Greece, 7th century BC. He
replaced the prevailing system of oral law and blood feud by a written code
to be enforced only by a court.

Ducking Stool - a chair fastened to the end of a pole, used formerly to

plunge offenders into a pond or river as a punishment.

Dungeon - a dark cell, usually underground where prisoners are confined.

Elmira Reformatory - located in new York, was originally a prison opened to contain
Confederate prisoners of war during the Civil War. It became known as a “death
camp” because of the squalid conditions and high death rate in its few years of
operation. Established 1876.

Elmira System - An American penal system named after Elmira Reformatory, in New York. In 1876
Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira
Reformatory for young felons. The Elmira system classified and separated various types of prisoners,
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gave them individualized treatment emphasizing vocational training and industrial employment, used
indeterminate sentences.

Ergastulum - is a Roman prison used to confine slaves. They were attached to work
benches and forced to do hard labor in period of imprisonment.

Exemplarity - the criminal is punished to serve as an example to others to deter

further commission of crime.

Expiation - (Atonement) execution of punishment visibly or publicly for the

purpose of appeasing a social group. Expiation is a group vengeance as
distinguished from retribution.

First Women's Prison - opened in Indiana 1873. Based on the reformatory model.

FOUR CLASSES OF PRISONERS

1. Insular or national prisoner – one who is sentenced to a prison term of
three years and one day to death;
2. Provincial prisoner – one who is sentenced to a prison term of six
months and one day to three years;
3. City prisoner – one who is sentenced to a prison term of one day to
three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to
six months.

Flogging - (Flog) beat (someone) with a whip or stick as a punishment.

Fred T. Wilkinson - last warden of the Alcatraz prison.

Galley - a low, flat ship with one or more sails and up to three banks of oars,
chiefly used for warfare or piracy and often manned by slaves or criminals.

Goals of Criminal Sentencing

1. Retribution
2. Punishment
3. Deterrence
4. Incapacitation
5. Rehabilitation
6. Reintegration
7. Restoration

Golden Age Of Penology - 1870 - 1880

Guillotine - an ancient form of capital punishment by cutting the head.

Halfway House - a center for helping former drug addicts, prisoners,

psychiatric patients, or others to adjust to life in general society.

Hammurabi's Code - an ancient code which contain both civil and criminal law.
First known codified law prior to Roman law. Better organized and comprehensive
than biblical law. One of its law is lex taliones (an eye
for an eye)

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Hedonism - the ethical theory that pleasure (in the sense of the satisfaction of
desires) is the highest good and proper aim of human life.

Hulk - an old ship stripped of fittings and permanently moored,

especially for use as storage or (formerly) as a prison.

Impalement - (Impaling) a form of capital punishment, is the penetration of an

organism by an object such as a stake, pole, spear or hook, by complete (or
partial) perforation of the body, often the central body mass. Killing by piercing the
body with a spear or sharp pole.

Institutional Corrections - refers to those persons housed in secure

correctional facilities.

Jail - is defined as a place of confinement for inmates under investigation or

undergoing trial, or serving short-term sentences

Gaol - old name/term of jail. Three

Types of Detainees
1. Those undergoing investigation;
2. those awaiting or undergoing trial; and
3. those awaiting final judgment

Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial

James V. Bennett - was a leading American penal reformer and prison administrator who served as
director of the Federal Bureau of Prisons (FBOP) from 1937 to 1964. He was one of the strongest
advocates in the movement in persuading Congress to close Alcatraz and replace it with a new
maximum-security prison, eventually successful in 1963 when it closed.

Jean Jacques Villain - pioneered classification to separate women and children from hardened
criminals.
Jeremy Bentham - a prison reformer, believed that the prisoner should suffer a severe regime, but
that it should not be detrimental to the prisoner's health. He designed the Panopticon in 1791.

John Howard - a philanthropist and the first English prison reformer.

Justice - crime must be punished by the state as an act of retributive justice, vindication of
absolute right and moral law violated by the criminal.

lapidation - (Stoning) the act of pelting with stones; punishment inflicted by throwing stones at the
victim.

Lex Taliones - an eye for an eye, a tooth for a tooth.

Lockups - Suspects usually stay in a lockup for only 24 to 48 hours. A suspect may later be
transferred from the lockup to the jail.

230
Mamertine Prison - was a prison (carcer) located in the Comitium in ancient Rome. It was originally
created as a cistern for a spring in the floor of the second lower level. Prisoners were lowered through
an opening into the lower dungeon.

Mark System - developed in Australia by Alexander Maconochie, whereby credits, or marks, were
awarded for good behaviour, a certain number of marks being required for release.

Mittimus - is a process issued by the court after conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused, in accordance with the terms of the judgment.
Mittimus is often attached on the commitment order issued by the court whenever the convict is to be
transferred to prison for service of sentence.

Mortality rate - A measure of the frequency of deaths in a defined population during a specified interval
of time.

Mutilation or maiming - an ancient form of punishment, is an act of physical injury that

degrades the appearance or function of any living body, sometimes causing death.

National Prisons Association - was organized in Cincinnati in 1870.

Neo-Classical - children and lunatics should not be punished as they can not
calculate pleasure and pain.

Classical Theory - pain must exceed pleasure to deter crime. All are
punished regardless of age, mental condition, social status and
other circumstances.

Positivist Theory - criminal is a sick person and should be treated

and not punished.

Eclectic - it means selecting the best of various styles or

ideas.

Newgate Prison - not a real prison but an abandoned copper mine of

Simsbury Connecticut. Inmates are confined underground (Black hole of
horrors).

Operational capacity - the number of inmates that can be accommodated based on a facility's
staff, existing programs, and services.

Panopticon - a prison design, allowed a centrally placed observer to survey all the inmates, as prison
wings radiated out from this central position.

Parole - refers to criminal offenders who are conditionally released from prison to serve the
remaining portion of their sentence in the community.

Parole and Probation Administration (PPA) - was created pursuant to Presidential Decree (P.D.)
No.968, as amended, to administer the probation system. Under Executive Order No.
29221, the Probation Administration was renamed as the Parole and Probation Administration, and
given the added function of supervising prisoners who, after serving part of their sentence in jails are
released on parole or granted conditional pardon. The PPA and the Board of Pardons and Parole are
the agencies involved in the non-institutional treatment of offenders.

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Penal Management - refers to the manner or practice of managing or controlling places of
confinement such as jails and prisons.

PD No. 603 - was promulgated to provide for the care and treatment of youth offenders from the
time of apprehension up to the termination of the case.

Under this law, a youth offender is defined as a child, minor or youth

who is over nine years but under eighteen years of age at the time
of the commission of the offence.

Pennsylvania and New York - pioneered the penitentiary movement by

developing two competing systems of confinement. The Pennsylvania system
and the Auburn system.

Pennsylvania System - An early system of U.S. penology in which

inmates were kept in solitary cells so that they could study religious
writings, reflect on their misdeeds, and perform handicraft
work.(Solitary System).

Auburn System - An early system of penology, originating at Auburn

Penitentiary in New York, under which inmates worked and ate
together in silence during the day and were placed in solitary cells
for the evening.(Congregate System)

Penology - a branch of Criminology that deals with prison management and

reformation of criminals.

Poene (latin) - penalty Logos

(latin) - science

Pillory - a wooden framework with holes for the head and hands, in which
offenders were formerly imprisoned and exposed to public abuse.

Prison - which refers to the national prisons or penitentiaries managed and

supervised by the Bureau of Corrections, an agency under the Department of
Justice.

Prison Hulks - (1776-1857) were ships which were anchored in the Thames,
and at Portsmouth and Plymouth. Those sent to them were employed in hard labour during the day
and then loaded, in chains, onto the ship at night.
Prison Reform - is the attempt to improve conditions inside prisons, aiming
at a more effective penal system.

Probation - Probation in criminal law is a period of supervision over an

offender, ordered by a court instead of serving time in prison.

John Augustus - Father of Probation. Augustus was born in Woburn, Massachusetts in 1785. By 1829,
he was a permanent resident
of Boston and the owner of a successful boot-making business.

Father Cook - a chaplain of the Boston Prison visited the courts and gained acceptance as an
advisor who made enquiries into the circumstances of both adult and juvenile offenders

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Provincial Jail - under the office of the Governor. Where the imposable penalty for
the crime committed is more than six months and the same was committed within
the municipality, the offender must serve his or her sentence in the provincial jail.

Where the penalty imposed exceeds three years, the offender shall serve his or her sentence in the
penal institutions of
the Bureau of Corrections.

Punishment - the infliction or imposition of a penalty as retribution for an

offence.

Quakers - (or Friends, as they refer to themselves) are members of a family of

religious movements collectively known as the Religious Society of Friends.
Many Quakers have worked for reform of the criminal justice systems of their
day. Quakers believe that people can always change: their focus has been on
reforms that make positive change more likely, such as increased opportunities
for education, improved prison conditions, help with facing up to violent
impulses, and much else.

William Penn - founder of the Province of Pennsylvania, the English North

American colony and the future Commonwealth of Pennsylvania.was the
first great Quaker prison reformer.
In his ‘Great Experiment’ in Pennsylvania in the 1680s he abolished
capital punishment for all crimes except murder. He also stated
that ‘prisons shall be workhouses,’ that bail should be allowed for
minor offences’, and ‘all prisons shall be free, as to fees, food and
lodgings’. He provided for rehabilitation, as he stipulated that
prisoners should be helped to learn a trade, so that they could
make an honest living when they were released.

John Bellers - (1654-1725) was the earliest British Friend to pay

serious and systematic attention to social reform. He pleaded for the
abolition of the death penalty, the first
time this plea had been made. He argued that criminals were the
creation of society itself and urged that when in prison there should
be work for prisoners so that they might return to the world with an
urge to industry.

Elizabeth Fry- (1780-1845) was the most famous of Quaker

reformers, though others were equally influential in raising public
awareness. Reforms such as the separation of women and children
from men and the development of purposeful activity
of work or education came about through pressure from informed people.

RA 6975 - sec.60 to 65, created the BJMP.

RA 10575 - The Bureau of Corrections Act of 2013.

Rack - a form of torture or punishment wherein pain is inflicted to the body through stretching.

Rated Capacity - the number of beds or inmates assigned by a rating official

to institutions within the jurisdiction.

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Reformation - the object of punishment in a criminal case is to correct and
reform the offender.

Reformatory Movement - The reformatory movement was based on principles adopted at the 1870
meeting of the National Prison Association.

The reformatory was designed:

a. for younger, less hardened offenders.
b. based on a military model of regimentation.
c. with indeterminate terms.
d. with parole or early release for favorable progress in
reformation.

Rehabilitation - to restore a criminal to a useful life, to a life in which

they contribute to themselves and to society.

Retribution - punishment inflicted on someone as vengeance for a wrong or

criminal act.

Security Level - A designation applied to a facility to describe the measures taken,

both inside and outside, to preserve security and custody.

The simplest security level categorization is:

a. maximum
b. medium
c. minimum

Maximum - security facilities are characterized by very tight internal and external security.
Common security measures include: (Maximum)
- A high wall or razor-wire fencing
- Armed-guard towers
- Electronic detectors
- External armed patrol
- A wide, open buffer zone between the outer wall or fence and the
community.
- Restrictions on inmate movement
- The capability of closing off areas to contain riots or
disruptions.
Houses the following inmates:
- Those sentenced to death
- Those sentenced with min. 20 years
- Those remanded inmates/detainees with min. 20 years sentence
- Those whose sentences is under review by SC (min.20 years)
- Those whose sentences is under appeal (min.20 years)
- Those with pending cases
- Those who are recidivist

Ultra-Maximum/Super-Maximum Security Prison - house notorious offenders

and problem inmates from other institutions.
These institutions utilize: Total isolation of inmates,
Constant lockdowns

Medium-security institutions - place fewer restrictions on inmate

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 movement inside the facility.

Characteristics often include:(Medium)

- Dormitory or barracks-type living quarters
- No external security wall
- Barbed wire rather than razor wire
- Fences and towers that look less forbidding

Houses the following inmates:

- Those sentenced to less than 20 years

Minimum-security prisons - are smaller and more open. They

often house inmates who:

- Have established records of good behavior
- Are nearing release

Characteristics often include:(Minimum)

- Dormitory or barracks living quarters
- No fences
- Some inmates may be permitted to leave during the day to work
or study.
- Some inmates may be granted furloughs

Sing Sing Prison - was the third prison built by New York State. It is a
maximum security prison.

Sir Evelyn Ruggles Brise - was a British prison administrator and reformer,
and founder of the Borstal system.

Sir Walter Crofton - the director of Irish prisons. In his program, known as the
Irish system, prisoners progressed through three stages of confinement before
they were returned to civilian life. The first portion of the sentence was served in
isolation. After that, prisoners were assigned to group work projects.

Stocks - instrument of punishment consisting of a heavy timber frame with holes

in which the feet and sometimes the hands of an offender can
be locked.
Three major government functionaries involved in the Philippine
correctional system:
1. DOJ
2. DILG
3. DSWD

DOJ - supervises the national penitentiaries through the Bureau of

Corrections, administers the parole and probation system through the
Parole and Probation Administration, and assists the President in the
grant of executive clemency through the Board of Pardons and Parole.

DILG - supervises the provincial, district, city and municipal jails

through the provincial governments and the Bureau of Jail
Management and Penology, respectively.

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 DSWD - supervises the regional rehabilitation centres for
youth offenders through the Bureau of Child and Youth Welfare.

Transportation - a punishment in which offenders were transported from their

home nation to one of that nation's colony to work.

Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim
Tabularum or Duodecim Tabulae) was the ancient legislation that stood at the
foundation of Roman law. Established basic procedural rights
for all Roman citizens as against one another

Underground Cistern - a reservoir for storing liquids, underground tank for storing
water. This was also used prison in ancient times.

Utilitarianism - a tradition stemming from the late 18th- and 19th-century English
philosophers and economists Jeremy Bentham and John Stuart Mill that an action
is right if it tends to promote happiness and wrong if
it tends to produce the reverse of happiness—not just the happiness of the
performer of the action but also that of everyone affected by it.

Voltaire - believes that fear of shame is a deterrent to crime.

Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1st state
prison. Inmates labored in solitary cells and received large
doses of religious training.

Workhouses - European forerunners of the modern U.S. prison, where

offenders were sent to learn discipline and regular work habits.

Zebulon Reed Brockway - was a penologist and is sometimes regarded as the

Father of prison reform and Father of American Parole in the
United States.

NON-INSTITUTIONAL CORRECTION

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in
the community, subject to conditions imposed by the government. They are either granted Probation,
Parole, Conditional Pardon or Recognizance.
Community-based approach to corrections as a way to decongest the prisons involve the Public
Attorney’s Office and the National Prosecution Service effecting the immediate release of detainees
either on bail or recognizance and giving priority to the trial of detainees who cannot be released on
bail or recognizance.

It involves the efficient performance of the Boards of Pardons and Parole in the granting of timely
release of prisoners and the effective supervision of released prisoners on parole or conditional pardon
and those under probation by the Probation and Parole Administration. Probation and Parole are two
forms of non-institutional or community based corrections.

NON-INSTITUTIONAL, COMMUNITY-BASED
CORRECTIONAL PRACTICES

The fact that our government is facing severe budgetary crisis does not augur well for the
Criminal Justice System most particularly the Corrections Pillar, which is the last destination of
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society’s convicted offenders.

With this cramped situation, our foreign lenders will also downgrade our credit rating which has
the inverse effect of increasing our interest rate payments.
The devaluation of the peso will also lead to an increase in the price of imported oil which will in turn
force prices of local goods to increase.

Because of this, tax collections decrease, as what our government is experiencing now while
foreign debt payments increase, and prices of supplies and equipment increase.

Non-institutional corrections refer to that method of correcting sentenced offenders without

having to go to prison. The advantages of this is that it is less costly on the part of government, the
offender’s family need not suffer since the offender will not be sent away from them and he will still be
able to go on with his life and livelihood thereby enabling him to support his family. The community will
also be involved so that crime becomes less hard to control.

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:

1. Family members need not be victims also for the imprisonment of a member because the convict
can still continue to support his family, not to be far away from his children;

2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in
prisons who will only influence him to a life of crime;

3. Rehabilitation can be monitored by the community thus corrections can be made and be more
effective;

4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash- strapped
government. An entire bureaucracy will be eliminated which includes the salaries, benefits and perks
of the officers and staff, capital outlays, operating costs, maintenance of the facilities, subsistence of
inmates, and many others.

PROBATION - A term coined by John Augustus, From the Latin verb "probare" - to prove, to test.
The origins of probation can be traced to English criminal law of the Middle Ages. Harsh
punishments were imposed on adults and children alike for offenses that were not always if a serious
nature. Sentences such as branding, flogging, mutilation and execution were common. During the time
of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were
minor offenses.

This harshness eventually led to discontent in certain progressive segments of English society
concerned with the evolution of the justice system. Slowly, yet resolutely, in an effort to mitigate these
inhumane punishments, a variety of measures were devised and adopted. Royal pardons could be
purchased by the accused; activist judges could refrain from applying statuses or could opt for a
lenient interpretation of them; stolen property could be devalued by the court so that offenders could
be charged with a lesser crime. Also, benefit of clergy, judicial reprieve, sanctuary, and abjuration
offered offenders a degree of protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of
temporary release during which offenders could take measures to secure pardons or lesser sentences.
Controversially, certain courts in due time began suspending sentences.
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 In the United States, particularly in Massachusetts, different practices were being developed.
"Security for good behavior," also known as good aberrance, was much like modern bail: the accused
paid a fee as collateral for good behavior. Filing was also practiced in cases that did not demand an
immediate sentence. Using this procedure, indictments were "laid on file" or held in abeyance. To
mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these American practices were genuine precursors
to probation, it is the early use of recognizance and suspended sentence that are directly related to
modern probation.

Two names are most closely associated with the founding of probation: Matthew Davenport
Hill, an 18th century English barrister and judge, and John Augustus, a 19th Century Boston boot-
maker.

As a young professional in England, Hill had witnessed the sentencing of youthful offenders to
one-day terms on the condition that they be returned to a parent or guardian who would closely
supervise them. When he eventually became the Recorder of Birmingham, a judicial post, he used a
similar practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a
promise for rehabilitation, they were placed in the hands of generous guardians who willingly took
charge of them. Hill had police officers pay periodic visits to these guardians in an effort to tack the
offender's progress and to keep a running account.

John Augustus, the "Father of Probation," is recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts, in 1785. By 1829, he was a permanent resident of
Boston and the owner of a successful boot-making business. It was undoubtedly his membership in the
Washington Total Abstinence Society that led him to the Boston courts. Washingtonians abstained
from alcohol themselves and were convinced that abusers of alcohol could be be rehabilitated through
understanding, kindness and sustained moral suasion, rather then through conviction and jail
sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He returned to
court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his
appearance and demeanor had dramatically changed,'

Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders
helped by Augustus were alcohol abusers, nor were all prospective probationers taken
under his wing. Close attention was paid to evaluating whether or not a candidate would likely prove to
be a successful subject of probation. The offender's character, age and the people, places and things
apt to influence him/her were all considered.

Augustus was subsequently credited with founding Investigations, one of three main concepts
of modern probation, the other two being Intake and Supervision. Augustus, who kept detailed notes on
his activities, was also the first to apply the term "probation" to this process of treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women, young and old.
Reportedly, only ten of this number forfeited their bond, a remarkable accomplishment when measured
against any standard. His reformer's zeal and dogged persistence won him the opposition of certain
segments of Boston society as well as the devotion and aid of many Boston philanthropists and
organizations. The first probation statute, enacted in Massachusetts shortly after this death in 1859,
was widely attributed to his efforts.

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 Following the passage of that first statute, probation spread gradually throughout the United
States and subsequently to many other countries. The juvenile court movement contributed greatly to
the development of probation as a legally recognized method of dealing with offenders. The first
juvenile court was established in Chicago in 1899. Formalization of the concept of Intake is credited to
the founders of the Illinois juvenile court. Soon after, thirty states in turn introduced probation as a part
of juvenile court procedure. Today, all states offer both juvenile and adult probation.

The administrative structure of probation varies widely from state to state. In some states,
probation and parole are combined. There are state-administered probation systems and locally
administered systems. In New York, probation is locally administered under the general supervision of
the state.

Probation in New York State had its official beginning in 1901, with the enactment of the first
probation in the state. One of the commission's recommendations in its report to the Legislature
resulted in the creation of the New York State Probation Commission in 1907. Until the late 1920s, this
commission coordinated probation work in various parts of the state, encouraging the statewide
development of probation services, the planned and promoted standards of practice, and guidelines for
monitoring local probation services.

In 1917, a State Division of Probation was established within the NYS Department of
Corrections, and in 1928 the Office of the Director of Probation was created. The State's Division of
Probation remained within the Department of Corrections until 1970 when it was organized as a
separate state agency within the Executive Department. The Director of the NYS Division of Probation
then became a gubernatorial appointee, directly accountable to the governor.

As a result of additional statutory changes, local probation departments, which prior to the early
1970s were responsible to the judiciary, followed they NYS Division of Probation's lead. In 1974, all local
probation directors were made accountable to their respective chief county officials, or in the case of
New York City, the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of the state division. the
name was changed to the New York State Division of Probation and Correctional Alternatives, enhancing
the division's ability to foster the development and effective implementation of local community-based
corrections.

HISTORICAL BACKGROUND of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period (1898 -
1945) with the enactment of Act No. 4221 of the Philippine Legislature on 7 August 1935. This law
created a Probation Office under the Department of Justice. On November 16, 1937, after barely two
years of existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in
the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law
as unconstitutional. The bill was passed by the House of Representatives, but was pending in the
Senate when Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft decree was presented to a selected group of
369 jurists, penologists, civic leaders and social and behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an Adult Probation System in the country.

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 On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was
signed into Law by the President of the Philippines.

The operationalization of the probation system in 1976-1977 was a massive undertaking during
which all judges and prosecutors nationwide were trained in probation methods and procedures;
administrative and procedural manuals were developed; probation officers recruited and trained, and
the central agency and probation field offices organized throughout the country. Fifteen selected
probation officers were sent to U.S.A. for orientation and training in probation administration. Upon
their return, they were assigned to train the newly recruited probation officers.

The probation system started to operate on 3 January 1978. As more probation officers were
recruited and trained, more field offices were opened. There are at present 204 field offices spread all
over the country, supervised by 15 regional offices.

PROBATION

PROBATION

- is a disposition under which a defendant, after conviction and sentence, is released subject
to conditions imposed by the court and to the supervision of a probation officer

PD 968 - THE PROBATION LAW OF 1976

- approved on 24 July 1976; effectivity date is 3 January 1978

AMENDATORY LAWS TO PD 968

PD 1257 – effectivity date, 01 December 1977; amended the period within which application for
probation must be made

BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for qualification for
probation
PD 1990 - effectivity date, 15 January 1986; amended BP 76 back to original form and made probation
and appeal exclusive remedies

PROBATIONER
- is a person placed on probation

PROBATION OFFICER (now Probation and Parole Officer)

- is one who investigates for the court a referral for probation or supervises a probationer or
both

FORERUNNERS OF PROBATION

1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had maintained that a member
of the clergy brought to trial in a King’s Court might be claimed from that jurisdiction by the
bishop or chaplain representing him, on the ground that he, the prisoner, was subject to the
authority of the ecclesiastical courts only.

2. JUDICIAL REPRIEVE

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 This is a temporary withholding of sentence, either before or after judgment; as where the
judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or he is
doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or any
favorable circumstances appear in the criminal’s character.

3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice, involving the release of the person

accused of committing a crime to the custody of a person of reputable character, who shall have
the responsibility of bringing the accused to court whenever the court requires.

4. TRANSPORTATION

This was chiefly a way of ridding the country of criminals; it later developed as a plan for
supplying new colonies with cheap labor. It was also an attempt to substitute for brutal
punishment at home and an opportunity for rehabilitation in a new country.

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION JOHN

AUGUSTUS
- “Father of Probation” in the US

MATTHEW DAVENPORT HILL

- is considered as the “Father of Probation” in England

TEODOLO S. NATIVIDAD
- Father of Philippine Probation

Act No. 4221

– the first Probation Law of the Philippines
– this act became effective on August 7, 1935
– the Supreme Court declared this Act unconstitutional on November 16, 1937
In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the
following grounds:
a) The said act encroaches upon the pardoning power of the executive
b) That it constitute an undue delegation of legislative power
c) It denies the equal protection of the laws

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system;

2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-based treatment programs instead of
imprisoning them;
5. Limited to offenders who are likely to respond thereto favorably;
6. The method is less costly than confinement.

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

1. There is no single cause for delinquent behavior. Human beings are extremely complicated.
2. Delinquent and criminal acts are symptoms a more serious underlying condition.

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 3. That the individual has the ability to change and to modify his anti-social behavior with the right
kind of help.
4. The Central goal of the Probation Administration is to enhance the safety of the community by
reducing the incidence of criminal acts by persons previously convicted.
5. This is of course not to say that probation should be used in all cases, or that it will always
produce better results.
6. By the same token, however, it is to say that probation is a good bit more than the “matter of
grace” or “leniency” which characterizes the philosophy of the general public and of many
judges and legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8. It is generally conceded that probation is a matter of privilege to be granted or refused at the
discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence investigation report
(PSIR).

BENEFITS OF PROBATION

a. Probation protects society

1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders

b. Probation protects the victim

1. It provides restitution
2. It preserves justice

c. Probation protects the family

1. It does not deprive the wife and children of a husband and a father
2. It maintains the unity of the home

d. Probation assists the government

1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement

e. Probation helps the offender

1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity

f. Probation justifies the philosophy of men

1. That life is sacred
2. That all men deserve a second chance
3. That an individual can change
4. That society has a moral obligation to lift the fallen

ADVANTAGES OF PROBATION

a. Probation prevents crime by offering freedom and aid only to those offenders who are not
likely to assault the society again.
b. It protects the society by placing under close supervision non-dangerous offenders while

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 undergoing treatment and rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first time offenders from turning into hardened criminals.
e. It is a measure of cutting enormous expense in maintaining jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
h. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
i. It makes the offender productive or taxpayers instead of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that have adopted it.

SUSPENSION OF EXECUTION OF SENTENCE

The court convicts and sentences the defendant but the execution of the sentence, whether it
imposes a term of imprisonment or a fine only, is suspended and the defendant is released on
probation.

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the
discretion of the court.

NECESSITY OF APPLICATION

Probation may not be granted except upon application of the defendant.

TIME FOR APPLICATION

The law says that the application for probation should be made within the period for perfecting
an appeal, or within fifteen (15) days from promulgation of notice of judgment.

EFFECT ON APPEAL
The filing of application (for probation) shall be deemed a waiver of the right to appeal. In such
case the accused cannot, even by withdrawing his application for probation, reinstate his appeal or right
to appeal.

EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

There is nothing in the Probation Law which indicates that the defendant’s right to move for a
reconsideration of the judgment of conviction, or his right to ask for new trial, is waived or suspended
by his application for probation, or that such application has the effect of an automatic withdrawal of a
pending motion for reconsideration or new trial, although there is likewise nothing in the law which
suggests that the filing of the application for probation interrupts the running of the period for
reconsideration or new trial.

FORM OF APPLICATION

The law does not prescribe any particular form and therefore it may be in any form, written or
oral. For recording purposes, however, oral applications should be reduced to writing.

POST SENTENCE INVESTIGATION

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 The Probation Law provides that “no person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and
the best interest of the public as well as that of the defendant will be served thereby".

The probation officer shall submit to the court the investigation report on an applicant not
later than sixty (60) days from receipt of the order of the said court to conduct the investigation.

The court shall resolve the petition for probation not later than fifteen (15) days after receipt of
said order.

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION

However, there is nothing in the law which requires that such an investigation should be
conducted in every case as an essential condition before the court may deny an application for
probation.

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING SENTENCE

If there is an application and the defendant does not appear to be disqualified, the court may
order such investigation only after a sentence of conviction by the trial court for the reason that the
same would be premature if made prior to said conviction, considering that the judgment might
eventually be an acquittal or, even if it be conviction, the court might find as a fact in its decision that
the defendant is a disqualified offender, in either of which cases the order for investigation would
serve no purpose.

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Under our Probation Law, the investigation for probation is a post-sentence, not pre-
sentence investigation; meaning that the investigation is after, not before, the sentence. The
sentence referred to is the sentence of the trial court.

SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character, antecedents, and
environment, mental and physical condition of the offender, and available institutional and
community resources, as well as all other matters bearing the following questions:

(a) Whether or not the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the offender will
commit another crime;
(c) Whether or not probation will depreciate the seriousness of the offense committed.

NO RIGHT TO COUNSEL

The Probation Law has no provision guaranteeing the right to counsel in the investigation
of a petitioner. The constitutional guarantee of right to counsel will not apply because the
investigation by the probation and parole officer is neither prosecutory nor accusatory in
character.

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

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 The information contained in the post-sentence investigation report shall be
“privileged” and could not be used as evidence against any person, no matter how incriminating the
information may be.

NO SUBPOENA POWERS

Probation and parole officer are not clothed with subpoena powers under the Probation Law.
There is nothing to prevent them, however, from requesting the court to issue subpoenas requiring the
attendance of witnesses in their investigations.

SUBMISSION OF INVESTIGATION REPORT

The investigation report having been completed, the Chief Probation and Parole Officer should
submit his report to the court, “not later than 60 days from receipt of the order of the court to conduct
the investigation”. The same period is merely directory, not mandatory, in the sense that an
investigation report submitted after 60 days would still be a valid report.

NO COPY OF REPORT FOR APPLICANT

The investigation report as well as the supervision history “shall be privilege and shall not be
disclosed directly or indirectly to anyone other than the Parole and Probation Administration or the
court concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

There is nothing in the Probation Law which entitles the applicant to submit any
comment, or demand that the court should consider the same.

HEARING NOT REQUIRED

There is nothing in the Probation Law which requires the court to set for hearing the
investigation report or the application for probation, although it may of course, in its discretion do so,
preserving at all times, however, the confidentiality of the report.
The court is mandated to resolve the petition for probation not later than 15 days after receipt
of the investigation report. The period, however, seem to be merely directory, not mandatory.

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

Pending submission of investigation report and the resolution of the petition for probation, the
defendant may be allowed temporary liberty under his bail filed in the criminal case. In case no bail was
filed or the defendant is incapable of filing one, the court may allow the release of the defendant on
recognizance to the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court.

GRANT OR DENIAL OF PROBATION

PROBATION DISCRETIONARY

Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the
part of the court.

ISSUANCE OF PROBATION ORDER

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 A probation order shall take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty impose for the offense under which he was placed for probation. In the event that violation of
any of the conditions of probation is established, the court need not revoke the probation; it has the
discretion to revoke or continue the probation and modify the conditions thereof.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should
be allowed to turn down the same grant, especially since he might feel that the terms and conditions
thereof are too onerous for him.

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE CIVIL

LIABILITY NOT AFFECTED

Probation is a substitute for imprisonment (including subsidiary imprisonment in case of non-

payment of fine) and other criminal penalties, not a mode of discharging the civil liability, which is
owed not to the State but to the offended party.

COVERAGE OR SCOPE OF APPLICATION OF DECREE

A. Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree applies only to
offenders.

B. Offenders covered
The Decree declares, “it shall apply to all offenders”.

C. Offenders who are excluded

Not all offenders, however, fall within its coverage:

1. It expressly excludes from its operation “those entitled to the benefits of PD 603, as
amended (otherwise known as the Child and Youth Welfare Code) and similar laws.
2. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and
the “similar laws” just mentioned, he would not be entitled to the Benefits of the Decree if he
has not been convicted and sentenced.
3. An offender who is already serving sentence or is otherwise specifically disqualified under
Sec. 9.
4. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which state, “any person found
guilty of any election offense under this code shall be punished with imprisonment of not
less than 1 year but not more than 6 years and shall not be subject to probation.
5. Sec. 9, Pd 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985)
states “The provisions of PD 968, as amended shall not apply in cases of violations of this
Decree, including its implementing rules and regulations.
6. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall
not be entitled to the benefits of the Probation Law.

DISQUALIFIED OFFENDERS

Sec. 9. Disqualification Offenders – The benefits of this Decree shall not be extended to those:

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 (a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of subversion or any crime against the national security or public order;
(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Sec. 33 hereof

When the court must deny probation

The court shall deny an application for probation whenever it finds that:

a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b. there is undue risk that during the period of probation the offender will commit another
crime;
c. probation will depreciate the seriousness of the offense committed.

PERIOD OF PROBATION

a. The period of probation of a defendant sentenced to a term of imprisonment of not more

than one (1) year shall not exceed two (2) years, and in all other cases, said period shall not
exceed six (6) years.

b. When the sentence imposes a fine only and the offender is made to serve a subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor more
than twice the total number of days of subsidiary imprisonment as computed in the rate
established in Art. 39 of the Revised Penal Code, as amended.

CONDITIONS OF PROBATION

1. General or Mandatory Conditions

(a) Present himself to the probation (and parole) officer designated to undertake his
supervision at such place as may be specified in the order within 72 hours from receipt
of said order;

(b) Report to the probation (and parole) officer at least once a month at such time and
place as specified by the said officer.

2. Special or Discretionary Conditions

The court may also require the probationer to:

(a) cooperate with the program of supervision;

(b) meet his family responsibilities;
(c) devote himself to specific employment and not to change said employment without
prior written approval of the probation (and parole) officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter
and remain in a specified institution, when required for the purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;

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 (g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation (and parole) officer or an authorized social worker to visit his
home and place of work;
(j) reside at premise approved by it and not to change his residence without its prior written
approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION

A. Period of probation
The period of probation may either be shortened or made longer, but not to exceed the period
set in the law.

B. Conditions of probation
During the period of probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions of probation.

The court shall inform in writing the probation officer and the probationer of any change in the
period and conditions of probation.

REVOCATION OF PROBATION

A. Concept of violation of probation

“A violation of probation shall be understood to mean any act or any commission on the
part of the probationer with respect to the terms and conditions specified in the probation
order.

B. Arrest of the probationer

At any time during probation, the court may issue a warrant for the arrest of the
probationer for violation of any of the conditions of probation.

TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and recommendation of the
probation and parole officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.

B. Other ways of terminating probation:

1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer

C. Effect of final discharge

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to fully discharge his liability for any fine imposed as
to the offense for which probation was granted.

CONFIDENTIALITY OF RECORDS

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 The probation records may be found, firstly, in the court concerned. Secondly, in the office
of the Chief Probation and Parole Officer assigned in the city or province. Thirdly and fourthly,
copies of these records are being forwarded to the Regional Parole and Probation Office and the
Parole and Probation Administration (Central Office).

OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS

EXECUTIVE CLEMENCY

- collective term for absolute pardon, conditional pardon and commutation of sentence

PARDON

- an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment that the law inflicts for
a crime he has committed; pardoning power is exercised by the President
Pardon
is a form of executive clemency which is exercised by the Chief Executive. It is an
act of grace and the recipient of pardon is not entitled to it as a matter of right. The exercise of
pardon is vested in the Executive, is discretionary and is not subject to review by the courts.
Neither does the Legislative Branch of the government have the right to establish conditions nor
provide procedures for the exercise of clemency.

History of Pardon

The exercise of the pardoning power has always been vested in the hands of the executive branch of
the government, whether King, Queen, President or Governor. Pardon dates back to the pre-Christian era.
in fact the bible contains an illusion where a criminal was released and pardoned by the King at the
time Christ was crucified.

In England, pardon was developed out of the conflict between the King and the Nobles who
threatened their powers. Pardon was applied to members of the Royal family who committed crimes,
and occasionally to those convicted of offenses against the royal power. It was the general view that the
pardoning power was the exclusive prerogative of the King. In England today the power to extend
pardon is vested in the Queen upon advice of the Minister of the Interior.
In the United States, pardoning among the early American colonists was a carry-over of the English
practice. The pardoning power was exercised by the Royal governor through the power delegated by
the King. After the declaration of Independence, the Federal and state constitutions vested the
pardoning power on the President of the United States and the Governor in federal and state cases,
respectively.

In the Philippines, the pardoning power is vested in the Prime Minister by Article IX, Section14 of the
Philippine Constitution which states:

“The Prime Minister shall have the power to grant reprieves , commutations, and pardons, and remit
fine and forfeitures, after convictions for all offenses, except cases of impeachment, upon such
conditions and with such restrictions and limitations as he may deem proper to impose. He shall have
the power to grant amnesty with the concurrence of the Congress. “

KINDS OF PARDON

1) ABSOLUTE PARDON - the extinction of the criminal liability of the individual to whom it is

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 granted without any condition and restores to the individual his civil rights

The purposes of this kind of pardon are-

a. TO DO AWAY WITH THE MISCARRIAGE OF JUSTICE.

Under the present method of judicial procedure justice is not guaranteed. It is possible to
convict innocent person as it is possible for criminals to escape the hands of justice. When an innocent
convict has no more recourse through courts, the remedy is absolute pardon. The power of the President
or Prime Minister to pardon offenders on the grounds of innocence is rarely exercised because the
criminal procedures are liberal in granting a new trial in the case of an offender has no more legal
remedy will pardon of this nature be given. If so exercised, absolute pardon is granted after an
exhaustive investigation is conducted and upon recommendation of the Secretary of Justice.

b. TO KEEP PUNISHMENT ABREAST WITH THE CURRENT PHILOSOPHY, CONCEPT OR PRACTICE

OF CRIMINAL JUSTICE ADMINISTRATION.

A criminal act, because of changing scheme of social values, may become non-criminal at a
later date. Therefore, persons serving imprisonment at the time of the repeal of the law abolishing the
crime may be extended absolute pardon. For example, a person serving imprisonment for black-
marketing of gasoline when this commodity was rationed, may after the repeal of the law on black-
marketing be extended absolute pardon.

c. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS OF PERSONS WHO HAVE ALREADY SERVED
THEIR SENTENCE AND HAVE WAITED THE PRESCRIBED PERIOD.

The greatest number of application for absolute pardon come from ex-prisoners who desire to
be restored their political and civil rights. In the Philippines, the Office of the President laid down the
policy to grant absolute pardon to ex-prisoners ten years from the date of their release from prison.
Recently the policy was relaxed, thereby shortening the waiting period of five years. The waiting period
is required to give the offender an opportunity to demonstrate that he has established a new pattern of
conduct.

2) CONDITIONAL PARDON
The extinction of the criminal liability of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he has committed

Conditional Pardon serves the purpose of releasing, through executive clemency, a prisoner
who is already reformed or rehabilitated but who can not be paroled because the parole law does not
apply to him. Thus a prisoner serving a determinate sentence or life imprisonment is excluded from the
benefits of the parole law. However, when this prisoner has already been reformed, he may be released
on conditional pardon.

EFFECTS OF PARDON

1) It removes penalties and disabilities and restores full civil and political rights;
2) It does not discharge the civil liability of the convict to the individual he has wronged, as the
President has no power to pardon a private wrong;
3) It does not restore offices, property or rights vested in others in consequence of the
conviction. Under our law, a pardon shall not work the restoration of the right to hold public
office or the right of suffrage unless such rights be expressly restored by the terms of the
pardon.

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 LIMITATIONS UPON THE PARDONING POWER

1) It may not be exercised for offenses in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil contempt; and
4) In case of violation of election law or rules and regulations, no pardon, parole or suspension
of sentence may be granted without the recommendation of the Commission on Elections.

It is an elementary principle in political law that pardon can only be given after final conviction.
Cases pending trial or an appeal are still within the exclusive jurisdiction of the courts; hence, pursuant to
the theory of separation of powers, the Chief Executive has no jurisdiction over the accused.

ELIGIBILITY FOR CONDITIONAL PARDON

He must have served at least one half (1/2) of the minimum of his indeterminate sentence or the
following portions of his prison sentence:

- at least two (2) years of the minimum sentence if convicted of Murder or Parricide but not
sentenced to Reclusion Perpetua
- at least one (1) year of the minimum sentence if convicted of Homicide
- at least nine (9) months if convicted of Frustrated Homicide
- at least six (6) months if convicted of Attempted Homicide

Nature of Conditional Pardon\

Conditional pardon is in the nature of a contract, so that it must first be accepted by the
recipient before it takes effect. The pardonee is under obligation to comply strictly with the conditions
imposed therein; otherwise, his non-compliance will result to the revocation of the pardon. (Art. 95,
RPC). If the pardonee violates any of the conditions of his pardon, he will be prosecuted criminally as a
pardon violator. Upon convictions, the accused will be sentenced to serve an imprisonment of prison
correctional. However, if the penalty remitted by the granting
of such pardon be higher than six years, the pardonee will be made to serve the unexpired porion of his
original sentence. (Art. 159, RPC)

How Conditional Pardon is Given

Conditional Pardon may be commenced by a petition filed by the prisoner, his family or relative,
or upon the recommendation of the prison authorities. The petition or request is processed by the
Board of Pardons and Parole. The Board shall determine if the prisoner has served a sufficient portion
of his sentence; his release is not inimical to the interest of the community; and that there is likelihood
that the offender will not become a public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President. If the case is premature,
the petitioner is so informed.

SOME GUIDES IN PARDON SELECTION

IN DETERMINING THE FITNESS OF A PRISONER FOR RELEASE ON CONDITIONAL PARDON, THE

FOLLOWING POINTS SHALL BE CONSIDERED AS GUIDES.

a. The political, organizational or religious affiliation of the prisoner should be disregarded.

b. Due ( but not undue ) regard should be given the attitude of the people in the community from

251
which he was sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to prison – social, economic,
psychological and emotional backgrounds – should be carefully investigated.

CONDITIONAL PARDON DISTINGUISHED FROM PAROLE.

The purpose of conditional pardon and parole is the same – the release of a prisoner who is already
reformed in order that he can continue to serve his sentence outside of the institution, thus giving him
the opportunity to gradually assume the responsibilities of a free man. Both releases are subject to the
same set of conditions will subject the parolee or pardonee to be recommitted to prison. The only
difference between the two is the granting authority. In parole the granting authority is the Board of
Pardons and Parole, while in conditional pardon, the granting authority is the President.

CONDITIONS OF PARDON

In the Philippines, the pardonee is given the same set of rules or conditions as the parolee.
Among the conditions usually imposed on pardonees and parolees are the following:

a. That he shall live in his parole residence and shall not change his residence during the period of
his parole without first obtaining the consent of the Board of Pardons and Parole. If the parolee
or pardonee leaves the parole jurisdiction temporarily, he needs not get the permission of the
Board, although he may so inform his parole officer (Municipal Judge) of his whereabouts.

b. That he shall report to the Municipal Judge ( of the town where he will reside ) or to such officer
as may be designated by the Executive Officer of the Board of Pardons and Parole during the
first year once a month and, thereafter, once every two months or as often as he may be
required by said officer.

c. That he shall not indulge in any injurious or vicious habits, and shall avoid places or persons of
disreputable or harmful character.
d. That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive Officer of the Board to visit him at reasonable times at his place of
abode or elsewhere and shall truthfully answer any reasonable inquiries concerning his conduct
or conditions.
e. That he shall not commit any crime and shall conduct himself in an orderly manner.

f. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice in
payment of the indemnity imposed upon him.

g. That he shall comply with such orders as the Board or its Executive Officer may from time to time
make.

ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS.

The power vested on the President by the Constitution to grant pardon is very broad and exclusive. it
is not subject to review by the courts. Neither does congress have the right to establish conditions nor
provide procedure for the exercise of pardon.

Under these circumstances, it is therefore possible that his power can be abused by
unscrupulous Chief Executives. In fact, nearly every presidential election the alleged abuse of the
pardoning power has come up as campaign issue against the incumbent President. The truth of the

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charge has never been investigated, but the fact that the alleged anomaly is aired publicly is an
indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the pardoning power. First is the
constitutional provision that the President may be impeached for a willful violation of the Constitution.
This is enough deterrent for the Chief Executive to abuse this power. Second, is the policy of the Office
of the Chief Executive, ever since the time of the American Governors General, to approve pardon cases
which are favorably recommended by the Board of Pardons and Parole. Although this policy does not
wholly bind the President, seldom, if ever, has it been disregarded?

IS PARDON NECESSARY IN OUR PENAL SYSTEM?

Judges are human beings and are therefore apt to commit errors. It is possible for an innocent to get
convicted as it is possible for a criminal to escape the hands of justice. An innocent man may not be
able to present evidence to prove his innocence, or may not have the money to hire a good counsel.
Many of our penal laws are outmoded and are not longer kept abreast with current trends of criminal
justice administration. Judges are limited by laws to the use of discretion they may exercise in any
given case. Under any of the above circumstances, an injustice may result, which can only be remedied
by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently protected against the ex-
prisoner if the latter is released through parole or conditional pardon. Unfortunately, not all sentences
are indeterminate so that some prisoners are deprived of the privilege of parole. Therefore, pardon is
necessary for the prisoners who do not fall under the parole law.

DIFFERENCES BETWEEN AMNESTY AND PARDON.

Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is
a blanket pardon granted to a group of prisoners, generally political prisoners.

Pardon is exercised when the person is already convicted while amnesty may be given before
trial or investigation is had.
COMMUTATION OF SENTENCE

- an executive clemency changing a heavier sentence to a less serious one, or a longer prison
term to a shorter one

ELIGIBILITY FOR COMMUTATION OF SENTENCE

He must have served at least one third (1/3) of the minimum of his indeterminate sentence or
the following portions of his prison sentence consisting of Reclusion Perpetua:

- at least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape, or Kidnapping
with Murder
- at least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of anti- drug
laws
- at least twelve (12) years if given two or more sentences of Reclusion Perpetua
- at least twenty (20) years in case of two (2) sentences for Reclusion Perpetua, provided that at
least one (1) of the sentences had been automatically commuted from a death sentence

REPRIEVE

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 - the postponement of the execution of a death sentence

AMNESTY
- an act of the sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of a political
character, such as treason, sedition or rebellion

PAROLE

- a method by which a prisoner who has served a portion of his sentence is conditionally
released but remains in legal custody, the condition being that in case of misbehavior, he shall be
imprisoned

ELIGIBILITY FOR PAROLE

A prisoner shall be eligible for the grant of parole upon showing that he is confined in jail or
prison to serve an indeterminate prison sentence, the maximum period of which exceeds one
(1) year, pursuant to final judgment of conviction and that he has served the minimum period of said
sentence less the good conduct time allowance earned.

GOOD CONDUCT TIME ALLOWANCE

- the statutory shortening of the maximum sentence of an inmate because of good behavior;
granted by the Director of Prisons

ALLOWANCE FOR GOOD CONDUCT TIME ALLOWANCE

The good conduct of any prisoner in any penal institution shall entitle him to the following
deductions from the period of his sentence:

first two years = 5 days deduction for each month (60 days/year) 3rd to 5th
year= 8 days deduction for each month (96 days/year)
6th to 10th year = 10 days deduction for each month (120 days/year) 11th year
onwards = 15 days deduction for each month (180 days/year)
APPENDIX A

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence
of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are
likely to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:
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Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It
shall apply to all offenders except those entitled to the benefits under the provisions of Presidential
Decree numbered Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation
officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms
and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The filing of the application shall be deemed a waver
of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the
best interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the probation officer
under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by
the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the
court the investigation report on a defendant not later than sixty days from receipt of the order of said
court to conduct the investigation. The court shall resolve the petition for probation not later than five
days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant may be
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allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no
bail was filed or that the defendant is incapable of filing one, the court may allow the release of the
defendant on recognize the custody of a responsible member of the community who shall guarantee
his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be
placed on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another
crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by
said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;
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 (e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or
work;

(j) reside at premises approved by it and not to change his residence without its prior written
approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period
of probation. The court shall notify either the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period
or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall
be under the control of the court who placed him on probation subject to actual supervision and
visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control
over him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in
such a case, a copy of the probation order, the investigation report and other pertinent records shall be
furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was previously possessed by
the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in all other cases, said period shall not exceed six
years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be
more than twice the total number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as amended.
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Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may
issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before the court for a hearing,
which may be informal and summary, of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this provision. If the violation is established,
the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court
shall order the probationer to serve the sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon
the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a
result of his conviction and to fully discharge his liability for any fine imposed as to the offense for
which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that the
court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any government office or agency engaged in the correction
or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use
from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which
shall exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the
proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President of
the Philippines. He shall hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties
shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative

258
 to the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental
to achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator
who shall assist the Administrator perform such duties as may be assigned to him by the latter and as
may be provided by law. In the absence of the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least
thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible
for Appointment as Administrator or Assistant Probation Administrator, a person must be at least
thirty-five years of age, holder of a master's degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public administration, law, police science, police
administration, or related fields, and should have at least five years of supervisory experience, or be a
member of the Philippine Bar with at least seven years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
President of the Philippines in accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer within
his jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual
salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with
an annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand
four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the
Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;

259
 (c) keep himself informed of the conduct and condition of probationers under his charge and
use all suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required
by the Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are
willing to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of
probationers;

(g) exercise supervision and control over all field assistants, probation aides and other
personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their duties and functions under this
Decree. They shall also have, with respect to probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No
person shall be appointed Regional or Assistant Regional or Provincial or City Probation
Officer unless he possesses at least a bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police science, administration, or related fields and has
at least three years of experience in work requiring any of the abovementioned disciplines, or is a
member of the Philippine Bar with at least three years of supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of
Justice shall organize the administrative structure of the Administration and the other agencies created
herein. During said period, he shall also determine the staffing patterns of the regional, provincial and
city probation offices with the end in view of achieving maximum efficiency and economy in the
operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate personnel as may be necessary to enable them to
carry out their duties effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as
probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation Administrator.
Their qualifications and maximum case loads shall be provided in the rules promulgated pursuant to
this Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
260
ranging from six months and one day to six years and a fine ranging from hundred to six thousand pesos
shall be imposed upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five
Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury
not otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least
Ten Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the
annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or
inconsistent with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid
or unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the
application of its substantive provisions concerning the grant of probation shall only take effect twelve
months after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that
the administrative structure of the Probation Administration and of the other agencies has been
organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-
six.

APPENDIX B
PRESIDENTIAL DECREE NO. 1990

AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976.

WHEREAS, it has been the sad experience that persons who are convicted of offenses and who
may be entitled to probation still appeal the judgment of conviction even up to the Supreme Court, only
to pursue their application for probation when their appeal is eventually dismissed; .

WHEREAS, the process of criminal investigation, prosecution, conviction and appeal entails too
much time and effort, not to mention the huge expenses of litigation, on the part of the State; .

WHEREAS, the time, effort and expenses of the Government in investigating and prosecuting
accused persons from the lower courts up to the Supreme Court, are oftentimes rendered nugatory
when, after the appellate Court finally affirms the judgment of conviction, the defendant applies for and
is granted probation;

WHEREAS, probation was not intended as an escape hatch and should not be used to obstruct
and delay the administration of justice, but should be availed of at the first opportunity by offenders
who are willing to be reformed and rehabilitated;

WHEREAS, it becomes imperative to remedy the problems abovementioned confronting our

probation system.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby decree:

Section 1. Section 4 of Presidential Decree No. 968 is hereby amended to read as follows:

261
"Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall
have convicted and sentenced a defendant, and upon application by said defendant within the period for
perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best; Provided, That no application for
probation shall be entertained or granted if the defendant has perfected the appeal from the judgment
of conviction.

"Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court. The filing of the application shall be deemed
a waiver of the right to appeal.

"An order granting or denying probation shall not be appealable."

Sec. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read as follows: .
"Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years; .

(b) convicted of subversion or any crime against the national security or the public order;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos.

(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof." .

Sec. 3. The provisions of Section 4 of Presidential Decree No. 968, as above amended, shall not apply
to those who have already filed their respective applications for probation at the time of the effectivity
of this Decree.

Sec. 4. All laws, decrees, executive or administrative orders, rules and regulations, or parts thereof,
inconsistent with this Decree, are hereby repealed, amended or modified accordingly.

Sec. 5. This Decree shall take effect after fifteen (15) days following its publication in the Official
Gazette.

DONE in the City of Manila, this 5th day of October, in the year of Our Lord, nineteen hundred and eighty-
five.

APPENDIX C PRESIDENTIAL

DECREE No. 1257

AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED NINE HUNDRED AND

SIXTY-EIGHT, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976

WHEREAS, the need to strengthen certain provisions of Presidential Decree No. 968, otherwise known
as the Probation Law of 1976, has surfaced in the nationwide seminars which introduced said law to
judges, fiscals and private law practitioners;

WHEREAS, meeting such need would better ensure the achievement of its laudable objectives;

262
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order and decree as follows:

Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, is
hereby amended to read as follows:

"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant but before he begins to serve his sentence and upon his
application, suspend the execution of said sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best.

The prosecuting officer concerned shall be notified by the court of the filling of the application for
probation and he may submit his comment on such application within ten days from receipt of the
notification.

Probation may be granted whether the sentence impose a term of imprisonment or a fine with
subsidiary imprisonment in case of insolvency. An application for probation shall be filed with trial
court, with notice to appellate court if an appeal has been taken from the sentence of conviction. The
filling of the application shall be deemed a waiver of the right to appeal, or the automatic withdrawal of
a pending appeal. In the latter case however, if the application is filed on or after the date of the
judgment of the appellate court.

An order granting or denying probation shall not be appealable."

Section 2. The first paragraph of Section 7 of the same Decree is hereby amended to read as follows:

"Sec. 7. Period for Submission of Investigation Report. The probation officer shall submit to the court
the investigation report on a defendant not later than sixty days from receipt of the order of said court
to conduct the investigation. The court shall resolve the application for probation not later than fifteen
days after receipts of said report."

Section 3. Section 15 of the same Decree is hereby amended to read as follows:

"Sec. 15. Arrest and Probationer; Subsequent Disposition. At any time during probation, the court may
issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation.
The probationer, once arrested and detained, shall immediately be brought before the court for a hearing
of the violation charged. The defendant may be admitted to bail pending such hearing. In such case, the
provisions regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision.

In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of
the violation charged and to adduce evidence in his favor. The court shall not be bound by the technical
rules of evidence but may be inform itself of all the facts which are material and relevant to ascertain the
veracity of the charge. The State shall be represented by a prosecuting officer in any contested
hearing. If the violation is established, the court may revoke or continue his probation and modify
conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall
not be appealable."

Section 4. Section 33 of the same Decree is hereby amended to read as follows:

"Sec. 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That the
application of its substantive provisions concerning the grant of probation shall only take effect on

263
January 3, 1978."

Section 5. This Decree shall take effect immediately.

Done in the City of Manila, this 1st day of December, in the year of Our Lord, nineteen hundred and
seventy-seven.

APPENDIX D
BATAS PAMBANSA BILANG 76

AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED SIXTY-EIGHT, AS

AMENDED, OTHERWISE KNOWN AS THE PROBATION LAW OF NINETEEN HUNDRED AND SEVENTY-
SIX, SO AS TO EXPAND ITS COVERAGE.

Section 1. Section nine of Presidential Decree Numbered Nine hundred sixty-eight, as amended by
Presidential Decree Numbered Twelve hundred and fifty-seven, is hereby further amended to read as
follows:

"Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those: "(a)

sentenced to serve a maximum term of imprisonment of more than six years and one day; "(b)

Convicted of any offense against the security of the State

"(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos; and

"(d) Who have been once on probation under the provisions of this Decree."

Sec. 2. Notwithstanding the provision of the Probation Law of 1976, any person sentenced to
maximum penalty of six years and one day on January 3, 1978 and thereafter may be placed on
probation upon his application therefor with the court of origin. However, such person serving
sentence at the effectivity of this Act shall remain in jail pending the approval of his application.

Sec. 3. This Act shall take effect upon its approval.

Approved: June 13, 1980

APPENDIX E

ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A
BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER
PURPOSES.

Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal
264
Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be properly
imposed under the rules of the said Code, and the minimum which shall be within the range of the
penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any
other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of
which shall not exceed the maximum fixed by said law and the minimum shall not be less than the
minimum term prescribed by the same.

Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-
imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to
those who are habitual delinquents; to those who have escaped from confinement or evaded sentence;
to those who having been granted conditional pardon by the Chief Executive shall have violated the
terms thereof; to those whose maximum term of imprisonment does not exceed one year, not to those
already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5
hereof.
.
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of
Justice who shall be its Chairman, and four members to be appointed by the President, with the consent
of the Commission on Appointments who shall hold office for a term of six years: Provided, That one
member of the board shall be a trained sociologist, one a clergyman or educator, one psychiatrist
unless a trained psychiatrist be employed by the board, and the other members shall be persons
qualified for such work by training and experience. At least one member of the board shall be a
woman. Of the members of the present board, two shall be designated by the President to continue
until December thirty, nineteen hundred and sixty-six
and the other two shall continue until December thirty, nineteen hundred and sixty-nine. In case of any
vacancy in the membership of the Board, a successor may be appointed to serve only for the unexpired
portion of the term of the respective members.

Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be
necessary for carrying out its functions and duties. The Board is empowered to call upon any bureau,
office, branch, subdivision, agency or instrumentality of the Government for such assistance as it may
need in connection with the performance of its functions. A majority of all the members shall constitute
a quorum and a majority vote shall be necessary to arrive at a decision. Any dissent from the majority
opinion shall be reduced to writing and filed with the records of the proceedings. Each member of the
Board, including the Chairman and the Executive Officer, shall be entitled to receive as compensation
fifty pesos for each meeting actually attended by him, notwithstanding the provisions of Section two
hundred and fifty-nine of the Revised Administrative Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in the performance of duties: Provided, however, That
the Board meetings will not be more than three times a week

Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental and
moral record of the prisoners who shall be eligible to parole and to determine the proper time of release
of such prisoners. Whenever any prisoner shall have served the minimum penalty imposed on him, and
it shall appear to the Board of Indeterminate Sentence, from the reports of the prisoner's work and
conduct which may be received in accordance with the rules and regulations prescribed, and from the
study and investigation made by the Board itself, that such prisoner is fitted by his training for release,
that there is a reasonable probability that such prisoner will live and remain at liberty without violating
the law, and that such release will not be incompatible with the welfare of society, said Board of
Indeterminate Sentence may, in its discretion, and in accordance with the rules and regulations
adopted hereunder, authorize the release of such prisoner on parole, upon such terms and conditions
as are herein prescribed and as may be prescribed by the Board. The said Board of Indeterminate
Sentence shall also examine the records and status of prisoners who shall have been convicted of any
265
offense other than those named in Section 2 hereof, and have been sentenced for more than one year
by final judgment prior to the date on which this Act shall take effect, and shall make recommendation
in all such cases to the Governor-General with regard to the parole of such prisoners as they shall
deem qualified for parole as herein provided, after they shall have served a period of imprisonment not
less than the minimum period for which they might have been sentenced under this Act for the same
offense.

Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and
in such manner as may be required by the conditions of his parole, as may be designated by the said
Board for such purpose, report personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to the
remaining portion of the maximum sentence imposed upon him or until final release and discharge by
the Board of Indeterminate Sentence as herein provided. The officials so designated shall keep such
records and make such reports and perform such other duties hereunder as may be required by said
Board. The limits of residence of such paroled prisoner during his parole may be fixed and from time to
time changed by the said Board in its discretion. If during the period of surveillance such paroled
prisoner shall show himself to be a law-abiding citizen and shall not violate any of the laws of the
Philippine Islands, the Board of Indeterminate Sentence may issue a final certificate of release in his
favor, which shall entitle him to final release and discharge.

Sec. 7. The Board shall file with the court which passed judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of conditional or final release and discharge issued in
accordance with the provisions of the next preceding two sections.
Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence may issue
an order for his re-arrest which may be served in any part of the Philippine Islands by any police officer.
In such case the prisoner so re-arrested shall serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison, unless the Board of Indeterminate Sentence
shall, in its discretion, grant a new parole to the said prisoner.

Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-
General as set forth in Section 64(i) of the Revised Administrative Code or the Act of Congress
approved August 29, 1916 entitled "An Act to declare the purpose of the people of the United States as
to the future political status of the people of the Philippine Islands, and to provide a more autonomous
government for those Islands."

Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised Administrative Code.

Approved: December 5, 1933

APPENDIX F REPUBLIC ACT

No. 6127

AN ACT AMENDING ARTICLE TWENTY-NINE OF THE REVISED PENAL CODE TO GIVE FULL TIME
CREDIT UNDER CERTAIN CONDITIONS TO OFFENDERS WHO HAVE UNDERGONE PREVENTIVE
IMPRISONMENT (DETENTION PRISONERS) IN THE SERVICE OF THEIR SENTENCES.

Section 1. Article 29 of the Revised Penal Code is hereby amended to read as follows:

"Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders who have
undergone preventive imprisonment shall be credited in the service of their sentence consisting of
266
deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any
crime; and

2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily;

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment."

Section 2. This Act shall take effect upon its approval.

Approved: June 17, 1970

APPENDIX G

BATAS PAMBANSA BILANG 85

AN ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR ACCUSED WHO HAS UNDERGONE
PREVENTIVE IMPRISONMENT EQUAL TO OR MORE THAN THE POSSIBLE MAXIMUM IMPRISONMENT
TO WHICH HE MAY BE SENTENCED BY AMENDING THE REVISED PENAL CODE.

Section 1. Article twenty-nine of Public Act Numbered Thirty-eight hundred and fifteen, otherwise
known as the Revised Penal Code, as amended by Republic Act Numbered Sixty-one hundred and
twenty-seven, is further amended to read as follows:

"Art. 29. Period of preventive imprisonment deducted from term of imprisonment. — Offenders or
accused who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone preventive
imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners except in the following cases:

"1. When they are recidivists, or have been convicted previously twice or more times of any crime; and

"2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during
which he has undergone preventive imprisonment.

"Whenever an accused has undergone preventive imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be sentenced and his case
is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review unless he is detained by virtue of an
arrest, search and seizure order (ASSO). In case the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment."

Sec. 2. This Act shall take effect upon its approval.

Approved: September 20, 1980
267
 APPENDIX H

[REPUBLIC ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is
hereby further amended to read as follows:

“ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or
accused who have undergone preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of
the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:
“1. When they are recidivists, or have been convicted previously twice or more times of any crime; and

“2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.

“If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the
service of his sentence with four-fifths of the time during which he has undergone preventive
imprisonment.

“Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty
(30) years.

“Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be the actual period of detention with good
conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally,
That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded
from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is
lestierro, he shall be released after thirty (30) days of preventive imprisonment.”

SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:

“ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially: “1. By

conditional pardon;

“2. By commutation of the sentence; and

“3. For good conduct allowances which the culprit may earn while he is undergoing preventive
268
imprisonment or serving his sentence.”

SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:

“ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:

“1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each
month of good behavior during detention;

“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of
twenty-three days for each month of good behavior during detention;

“3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good behavior during detention;
“4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
thirty days for each month of good behavior during detention; and

“5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen
days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service
time rendered.

“An appeal by the accused shall not deprive him of entitlement to the above allowances for good
conduct.”

SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:

“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall
be granted to any prisoner who, having evaded his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the passing away of
the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

“This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving
sentence.”

SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”

“ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a
provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once
granted shall not be revoked.”

SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated. As
such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00)
and perpetual disqualification to hold office shall be imposed against any public officer or employee
who violates the provisions of this Act.

269
SEC. 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice (DOJ) and
the Secretary of the Department of the Interior and Local Government (DILG) shall within sixty (60)
days from the approval of this Act, promulgate rules and regulations on the classification system for
good conduct and time allowances, as may be necessary, to implement the provisions of this Act.

SEC. 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder of the
provisions not otherwise affected shall remain valid and subsisting.

SEC. 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this
Act is hereby repealed, modified or amended accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the
Official Gazette or in at least two (2) new papers of general circulation.

APPENDIX I
REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND PAROLE

Pursuant to the provisions of Section 4 of Act No. 4103, “The Indeterminate Sentence Law”, as
amended, the following Rules and Regulations are hereby promulgated to govern the actions and
proceedings of the Board of Pardons and Parole:

I. GENERAL PROVISIONS

SECTION 1. Policy Objectives. — Under the provisions of Act No. 4103, as amended, otherwise known
as the “Indeterminate Sentence Law”, which was approved on December 5, 1933, it is the function of
the Board of Pardons and Parole to uplift and redeem valuable human material to economic usefulness
and to prevent unnecessary and excessive deprivation of personal liberty by way of parole or through
executive clemency. Towards this end, the Board undertakes the following:

a. Looks into the physical, mental and moral records of prisoners who are eligible for parole or any
form of executive clemency and determines the proper time of release of such prisoners on parole;

b. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and,

c. Recommends to the President of the Philippines the grant of any form of executive clemency to
prisoners other than those entitled to parole.

SECTION 2. Definition of Terms. — As used in these Rules, unless the context indicates
otherwise:

a. “Board” refers to the Board of Pardons and Parole;

b. “Executive Director” refers to the Executive Director/Secretary of the Board;
c. “Administration” refers to the Parole and Probation Administration;
d. “Administrator” refers to the Administrator of the Parole and Probation Administration;
e. “Regional Director” refers to the Head of the Parole and Probation Administration in the region;
f. “Probation and Parole Officer” refers to the Probation and Parole Officer undertaking the
supervision of the client;
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g. “Director” refers to the Director of the Bureau of Corrections;
h. “Penal Superintendent” refers to the Officer-In-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of the Bureau of
Corrections;
i. “Warden” refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
j. “Carpeta” refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutor’s information and the
decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the case;

k. “Prison Record” refers to information concerning an inmate’s personal circumstances, the offense
he committed, the sentence imposed, the criminal case number in the trial and appellate courts, the
date he commenced serving his sentence, the date he was received for confinement, the place of
confinement, the date of expiration of the sentence, the number of previous convictions, if any, and his
behavior or conduct while in prison;
l. “Parole” refers to the conditional release of an offender from a correctional institution after he has
served the minimum of his prison sentence;
m. “Executive Clemency” refers to Reprieve, Absolute Pardon, Conditional Pardon with or without
Parole Conditions and Commutation of Sentence as may be granted by the President of the
Philippines;
n. “Reprieve” refers to the deferment of the implementation of the sentence for an interval of time; it
does not annul the sentence but merely postpones or suspends its execution;
o. “Commutation of Sentence” refers to the reduction of the duration of a prison sentence of a
prisoner;
p. “Conditional Pardon” refers to the exemption of an individual, within certain limits or
conditions, from the punishment which the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal liability;
q. “Absolute Pardon” refers to the total extinction of the criminal liability of the individual to whom it
is granted without any condition. It restores to the individual his civil and political rights and remits
the penalty imposed for the particular offense of which he was convicted;
r. “Petitioner” refers to the prisoner who applies for the grant of executive clemency or parole;
s. “Parolee” refers to a prisoner who is released on parole;
t. “Pardonee” refers to a prisoner who is released on conditional pardon;
u. “Client” refers to a parolee/pardonee who is placed under supervision of a Probation and Parole
Officer;
v. “Release Document” refers to the Conditional Pardon/Absolute Pardon issued by the President of
the Philippines to a prisoner or to the “Discharge on Parole” issued by the Board;
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w. “Parole Supervision” refers to the supervision/surveillance by a Probation and Parole Officer
of a parolee/pardonee;
x. “Summary Report” refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter’s final release and discharge;
y. “Progress Report” refers to the report submitted by the Probation and Parole Officer on the conduct
of the parolee/pardonee while under supervision;
z. “Infraction Report” refers to the report submitted by the Probation and Parole Officer on
violations committed by a parolee/pardonee of the conditions of his release on parole or
conditional pardon while under supervision.

SECTION 3. National Prisoner Confined in a Local Jail. — The Board may not consider the release
on pardon/parole of a national prisoner who is serving sentence in a municipal, city, district or
provincial jail unless the confinement in said jail is in good faith or due to
circumstances beyond the prisoner’s control.

A national prisoner, for purposes of these Rules, is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine of more than five thousand pesos; or regardless
of the length of sentence imposed by the Court, to one sentenced for violation of the customs law or
other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to
serve two (2) or more prison sentences in the aggregate exceeding the period of three (3) years.

SECTION 4. Scope of Authority. — The Board may consider the case of a prisoner for executive
clemency or parole only after his case has become final and executory. It will not take action on the
petition of a prisoner who has a pending criminal case in court or when his case is on appeal.

In case the prisoner has one or more co-accused who had been convicted, the Director/Warden
concerned shall forward their prison records and carpetas at the same time.

II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE

SECTION 5. Filing of Petition. — A formal petition for executive clemency addressed as follows shall be
submitted to the Board before the question of said clemency will be considered.

“The President of the Philippines

Thru: The Chairman Board of Pardons and Parole, DOJ
Agencies Bldg., NIA Road cor. East Avenue, Diliman, Quezon
City”

Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.

However, the Board may, motu proprio, consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby. S

SECTION 6. Contents of Petition. — A petition for parole/executive clemency shall state the name of
the prisoner, his age, previous criminal record, if any, whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and date of naturalization, his previous occupation, place of
residence, present crime for which he was convicted, the trial/appellate court, his penalty of
imprisonment, fine, indemnity and the commencing date thereof, the jail or prison to which he was
committed and/or where he is presently confined, the date he was received for confinement, the
grounds upon which executive clemency is being asked and certification from the trial court that his
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case is not on appeal.

In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and shall
include the date the petitioner was released from prison after service of sentence or released on
parole/pardon or terminated from probation.

SECTION 7. Supporting Documents of Petition for Absolute Pardon. — The petition for absolute
pardon shall be accompanied by —

a. the affidavits of at least two (2) responsible members of the community where the petitioner
resides. The affidavits shall, among others, state that the petitioner has conducted himself in a
moral and law-abiding manner since his release from prison and shall indicate the petitioner’s
occupation and his social activities including religious involvement;

b. the clearances from the National Bureau of Investigation, the Philippine National Police, the
Prosecutor’s Office, the Municipal Circuit Trial Court, the Municipal Trial Court, the Municipal Trial
Court in Cities, the Metropolitan Trial Court and the Regional Trial Court where petitioner resides;

c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from the
City/Municipal Treasurer or Probation and Parole Officer on his financial condition; and,

d. proof of service of sentence or certificate of Final Release and Discharge or court’s

Termination Order of probation.

SECTION 8. Referral of Petition for Absolute Pardon to a Probation and Parole Officer. — Upon
receipt of a petition for absolute pardon, the Board shall refer the petition to a Probation and Parole
Officer who shall conduct an investigation on the conduct and activities, as well as the social and
economic conditions, of the petitioner prior to his conviction and since his release from prison and
submit a report thereof within fifteen (15) days from receipt of the referral.

SECTION 9. Referral of Petition for Executive Clemency/Parole to Other Government Agencies. — A

petition for executive clemency shall be referred by the Board to the Secretary of National Defense for
comment and recommendation if the crime committed by the petitioner is against national security or
public order or law of nations. In case of violation of election laws, rules and regulations, a petition for
executive clemency/parole shall be referred to the Commission on Elections for favorable
recommendation, provided, however, that regardless of the crime committed, a petition for executive
clemency/parole may be referred for a pre-parole/executive clemency investigation to a Probation and
Parole Officer who shall submit a report on the behavior, character antecedents, mental and physical
condition of the petitioner within thirty
(30) days from receipt of referral, to include the results of the National Bureau of Investigation
records check. In case of an alien, the petition shall be referred to the Department of Foreign Affairs
for comment and recommendation.

III. EXECUTIVE CLEMENCY

SECTION 10. Review of Cases for Executive Clemency. — Petitions for executive clemency may be
reviewed if the prisoners meet the following minimum requirements:

A. For Commutation of Sentence —

1. the prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate and/or
definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.

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2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes
or offenses committed before January 1, 1994.

3. at least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term
of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as
amended.

4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No.
7659 and other special laws committed on or after January 1, 1994 and sentenced to one or more
Reclusion Perpetua or Life imprisonment.
5. at least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were
automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment;

B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of
a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at
least one-half (1/2) of the maximum of his original indeterminate sentence before his case may be
reviewed for conditional pardon.

C. For Absolute Pardon, after he has served his maximum sentence or granted final release and
discharge or court termination of probation. However, the Board may consider a petition for absolute
pardon even before the grant of final release and discharge under the provisions of Section 6 of Act
No. 4103, as amended, as when the petitioner:

(1) is seeking an appointive/elective public position or reinstatement in the government service;

(2) needs medical treatment abroad which is not available locally,

(3) will take any government examination; or

(4) is emigrating.

SECTION 11. Prisoners not Eligible for Executive Clemency. — Prisoners who escaped or evaded
service of sentence are not eligible for executive clemency for a period of one (1) year from the date
or their last recommitment to prison or conviction for evasion of service of sentence.

SECTION 12. Transmittal of Carpeta and Prison Record. — In executive clemency/parole cases, the
Director or Warden concerned shall forward the prison record and carpeta of a petitioner at least
one (1) month prior to the eligibility for review as specified in Sections 10 and 13 of these Rules. The
Director or Warden concerned shall also furnish the Board and the Administration on or before the
fifth day of every month, a list of prisoners whose minimum sentences will expire within ninety (90)
days and those who may be considered for executive clemency.

IV. PAROLE

SECTION 13. Review of Cases for Parole. — Unless otherwise disqualified under Section 15 of these
Rules, a case for parole of a prisoner shall be reviewed upon a showing that he is confined in prison or
jail to serve an indeterminate sentence, the maximum period of which exceeds one
(1) year, pursuant to a final judgment of conviction and that he has served the minimum period of said
sentence.

SECTION 14. Grant of Parole. — A prisoner may be granted parole whenever the Board finds that there
is a reasonable probability that if released, he will be law-abiding and that his release will not be
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incompatible with the interest and welfare of society.

SECTION 15. Disqualification for Parole. — The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’état;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with
definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal; k. Those who have pending criminal case/s.

SECTION 16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of Victim/Witness

Compromised. — If, based on the Pre-Parole Investigation Report conducted on the prisoner, there is a
clear and convincing evidence that his release on parole will endanger his own life and those of his
relatives or the life, safety and well being of the victim, his relatives, his witnesses and the community,
the release of the prisoner shall be deferred until the danger ceases Proceedings of the Board

V. PROCEEDINGS OF THE BOARD

SECTION 17. Interview of Prisoners. — Any Board member or government official authorized by the
Board may interview prisoners confined in prison or jail to determine whether or not they may be
released on parole or recommended for executive clemency. The Board or its authorized
representatives shall interview an inmate who was sentenced to Reclusion Perpetua or Life
imprisonment, or whose sentence had been commuted from Death to Reclusion Perpetua.
Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under
Republic Act No. 7659 and other special laws to undergo psychological/psychiatric examination if the
prisoner has a history of mental instability, or in any case, if the Board finds a need for such
examination in the light of the nature of the offense committed or manner of its commission.

SECTION 18. Publication of those Eligible for Executive Clemency/Parole. — The Board shall cause the
publication in a newspaper of general circulation the names of prisoners convicted of heinous crimes
or those sentenced by final judgment to Reclusion Perpetua or Life imprisonment, who may be
considered for release on parole or for recommendation for absolute or conditional pardon.

SECTION 19. Objections to Petitions. — When an objection is filed, the Board may consider the same
by requesting the person objecting to attach thereto evidence in support thereof. In no case,
however, shall an objection disqualify from executive clemency/parole the prisoner against whom
the objection is filed.

SECTION 20. Documents to be Considered. — The carpeta and prison record of the prisoner and other
relevant documents, such as the mittimus or commitment order, prosecutor’s information and
trial/appellate court’s decision of the case of the prisoner shall be considered by the Board in deciding
whether or not to recommend executive clemency or to grant parole. In case the prisoner has one or
more co-accused who had been convicted, the Board shall consider at the same time the prison
records and carpetas of said co-accused.
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SECTION 21. Factors to be Considered in Petition for Conditional Pardon, Commutation of Sentence
or Parole. — The following factors may be considered by the Board in the grant of conditional pardon,
commutation of sentence or parole: a. the age of the petitioner, the gravity of the offense and the
manner in which it was committed, and the institutional behavior or conduct and previous criminal
record, if any; b. evidence that petitioner will be legitimately
employed upon release; c. a showing that the petitioner has a place where he will reside; d.
availability of after-care services for the petitioner who is old, seriously ill or suffering from a physical
disability; e. attitude towards the offense and the degree of remorse; and, f. the risk to other persons,
including the victim, his witnesses, his family and friends, or the community in general, the possibility
of retaliation by the victim, his family and friends.

SECTION 22. Special Factors. — The Board may give special consideration to the recommendation for
commutation of sentence or conditional pardon whenever any of the following circumstances are
present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate
review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose a grave
danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

SECTION 23. Meetings. — The Board shall meet in executive session regularly or upon the call of the
Chairman.

SECTION 24. Quorum. — A majority of all the members of the Board shall constitute a quorum.

SECTION 25. Board Action. — A majority of the members of the Board, constituting a quorum, shall be
necessary to recommend the grant of executive clemency or to grant parole; to modify any of the
terms and conditions appearing in a Release Document, to order the arrest and recommitment of a
parolee/pardonee; and to issue certificate of Final Release and Discharge to a parolee/pardonee. The
minutes of the meeting of the Board shall show the votes of its individual members and the reason or
reasons for voting against any matter presented for the approval of the Board. Any dissent from the
majority opinion to grant or deny parole shall be reduced in writing and shall form part of the records
of the proceedings.

SECTION 26. Executive Clemency/Parole of An Alien. — The Board may recommend the grant of
executive clemency or grant parole to a prisoner who is an alien. In such a case, the alien who is
released on parole or pardon shall be referred to the Bureau of Immigration for disposition,
documentation and appropriate action.

VI. PAROLE SUPERVISION

SECTION 27. Parole Supervision. — After release from confinement, a client shall be placed under the
supervision of a Probation and Parole Officer so that the former may be guided and assisted towards
rehabilitation. The period of parole supervision shall extend up to the expiration of the maximum

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sentence which should appear in the Release Document, subject to the provisions of Section 6 of Act
No. 4103 with respect to the early grant of Final Release and Discharge.

SECTION 28. Form of Release Document. — The form of the Release Document shall be
prescribed by the Board and shall contain the latest 1” x 1” photograph and right thumbprint of the
prisoner.
SECTION 29. Transmittal of Release Document. — The Board shall send a copy of the Release
Document to the prisoner named therein through the Director of Corrections or Warden of the jail
where he is confined who shall send a certification of the actual date of release of prisoner to the
Probation and Parole Officer.

SECTION 30. Initial Report. — Within the period prescribed in his Release Document, the prisoner shall
present himself to the Probation and Parole Officer specified in the Release Document for
supervision. If within forty five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and Parole Officer shall inform the
Board of such failure, for appropriate action.

SECTION 31. Arrival Report. — The Probation and Parole Officer concerned shall inform the Board
thru the Technical Service, Parole and Probation Administration the date the client reported for
supervision not later than fifteen (15) working days therefrom.

SECTION 32. Mandatory Conditions of Supervision. — It shall be mandatory for a client to

comply with the terms and conditions appearing in the release document.

SECTION 33. Review and Modification of Conditions. — The Board may, upon the recommendation of
the Probation and Parole Officer, revise or modify the terms and conditions appearing in the Release
Document.

SECTION 34. Transfer of Residence. — A client may not transfer from the place of residence designated
in his Release Document without the prior written approval of the Regional Director subject to the
confirmation by the Board.

SECTION 35. Outside Travel. — A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than thirty (30) days. A travel for
more than 30 days shall be approved by the Regional Director.

SECTION 36. Travel Abroad and/or Work Abroad. — Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in any court may apply for overseas work
or travel abroad. However, such application for travel abroad shall be approved by the Administrator
and confirmed by the Board.

SECTION 37. Death of Client. — If a client dies during supervision, the Probation and Parole Officer
shall immediately transmit a certified true copy of the client’s death certificate to the Board
recommending the closing of the case. However, in the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death from the barangay chairman or any authorized
officer or any immediate relative where the client resided, shall suffice.

VII. INFRACTION/VIOLATION OF THE TERMS AND CONDITIONS OF THE RELEASE

DOCUMENT

SECTION 38. Progress Report. — When a parolee/pardonee commits another offense during the period
of his parole surveillance, and the case filed against him has not yet been decided by the court, a
Progress Report should be submitted by the Probation and Parole Officer to the Board.
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SECTION 39. Report of Parole Infraction/Violation. —Any violation of the terms and conditions
appearing in his Release Document or any serious deviation or non-observance of the obligations set
forth in the parole supervision program shall be immediately reported by his Probation and Parole
Officer to the Board. The report shall be called Infraction Report when the client has been subsequently
convicted of another crime.
SECTION 40. Arrest of Client. — Upon receipt of an Infraction Report, the Board may order the arrest
or recommitment of the client.

SECTION 41. Effect of Recommitment of Client. — The client who is recommitted to prison by the
Board shall be made to serve the remaining unexpired portion of the maximum sentence for which he
was originally committed to prison.

SECTION 42. Cancellation of Pardon/Parole. — The Board may recommend the cancellation of the
pardon or cancel the grant of parole of a client if it finds that material information given by said client
to the Board, either before and after release, was false, or incomplete or that the client had willfully or
maliciously concealed material information from the Board.

SECTION 43. Review of Case of Recommitted Parolee. — The Board may consider the case of a
recommitted parolee for the grant of a new parole after the latter shall have served one-fourth (1/4)
of the unserved portion of his maximum sentence.

VIII. TERMINATION OF PAROLE AND CONDITIONAL PARDON SUPERVISION

SECTION 44. Certificate of Final Release and Discharge. — After the expiration of the maximum
sentence of a client, the Board shall, upon the recommendation of the Chief Probation and Parole
Officer that the client has substantially complied with all the conditions of his parole/pardon, issue a
certificate of Final Release and Discharge to a parolee or pardonee.
However, even before the expiration of maximum sentence and upon the recommendation of the
Chief Probation and Parole Officer, the Board may issue a certificate of Final Release and Discharge
to a parolee/pardonee pursuant to the provisions of Section 6 of Act No. 4103, as amended. The
clearances from the police, court, prosecutor’s office and barangay officials shall be attached to the
Summary Report.

SECTION 45. Effect of Certificate of Final Release and Discharge. — Upon the issuance of a
certificate of Final Release and Discharge, the parolee/pardonee shall be finally released and
discharged from the conditions appearing in his release document. However, the accessory
penalties of the law which have not been expressly remitted therein shall subsist.

SECTION 46. Transmittal of Certificate of Final Release and Discharge. — The Board shall forward a
certified true copy of the certificate of Final Release and Discharge to the Court which sentenced the
released client, the Probation and Parole Officer who has supervision over him, the client, the Bureau
of Corrections, the National Bureau of Investigation, the Philippine National Police and the Office of the
President.

IX. Repealing and Effectivity Clauses

SECTION 47. Repealing Clause. — All existing rules, regulations and resolutions of the Board which
are inconsistent with these Rules are hereby repealed or amended accordingly.

SECTION 48. Effectivity Clause. — These Rules shall take effect upon approval by the Secretary of
Justice and fifteen (15) days after its publication in a newspaper of general circulation. Done in
Quezon City, this 26th day of November 2002.
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 Comparative Police System

Police = The governmental department charged with the regulation and control of the affairs of a
community, now chiefly the department established to maintain order, enforce the law, and prevent and
detect crime. (French word)

COMPARATIVE = an estimate of relative likeness or unlikeness of two objects or event

GLOBALIZATION
= package of transnational flow of people, production, investment, information, ideas and authority.
= growing interpenetration of states, markets, communication and ideas.
= The process of creating transnational markets, politics, and legal systems in an effort to form and
sustain a global economy.

EFFECTS OF GLOBALIZATION to Law Enforcement

= law enforcers are expected to be the protector of the people…….unaccountable flow of
migration and open markets present new threats to state-based human rights regimes – great
challenge to law enforcement.

Threats to Law Enforcement

▪ increasing volume of human rights violations as evidence by genocide and mass killing
▪ conflict between nations
▪ Transnational criminal networks for drug trafficking, money laundering, terrorism

TYPES OF POLICE SYSTEM

1. Common Law Systems = usually exists in English speaking countries of the world
= there is strong adversarial system and rely upon oral system of evidence in which the public
trial is a main focal point
= also known as “Anglo-American Justice”
2. Civil Law Systems = distinguished by strong inquisitorial system where less right is granted to the
accused and the written law is taken as gospel and subject to little interpretation
= also known as “Continental Justice or Romano-Germanic Justice”
3. Socialist System = distinguished by procedures designed to rehabilitate the offender.
= known as Marxist-Leninist Justice and exist in places such as Africa and Asia
4. Islamic System = based more on the concept of natural justice or customary law or tribal traditions

THEORIES OF POLICE SERVICE

Continental = is the theory of police service which maintains that police officers are servants of higher
authorities. This theory prevails in the continental countries like France, Italy and Spain.

Home Rule = the theory of police service which states that police officers are servants of the
community or the people. This theory prevails in England and United States. It is also the police service
which prevails in country with decentralized form of government. This is likewise the police service
theory that should prevail in the Philippines based on the existing laws, concepts and principles.

CONCEPT OF POLICE SERVICE

a. Old police service = states that the yardstick of police proficiency relies on the number of arrest
made.

b. Modern police service = states that the yardstick of police proficiency relies on the absence of
crime.

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Deviance Control = is the modern police function which primarily involves the mission to
reinforce community values and laws. This was adopted by Germany, China and Japan.

Civil order control = is not organizationally separated from deviance control but is performed by
regular street police in the country of England and United States.

EVOLUTION OF POLICING SYSTEM

▪ Praetorian guards = military bodies who serve as guardians of peace in ancient Rome in which
the idea of policing said to have originated
▪ Officer de la Paix = a French term which claimed to be the origin of the term Police Officer

1. Anglo-Saxon Period of Policing System (Ancient England)

A. Tun Policing System

A system of policing emerged during the Anglo-Saxon period whereby all male residents were
required to guard the town (tun) to preserve peace and protect the lives and properties of the people.
About 700 AD, the people living in England in small rural towns used the Anglo-Saxon System.
Ten families in a town (tun) equaled a tithing. Each tithing elected a leader who was known as the
Tithingman. Since 10 tithings amounted to 100, the leader of the 100 families was
named the reeve. Both the tithingman and reeve were elected officials. They possessed judicial power
as well as police authority.

B. Hue and Cry

A village law started in Britain which provided methods of apprehending a criminal by an act of
the complainant to shout to call all male residents to assemble and arrest the suspect.

C. Trial by Ordeal
A judicial practice where in the guilt or innocence of the accused is determined by subjecting
him to an unpleasant, usually dangerous, experience. (In present terminologies, it would mean an
employment of a “3rd degree.”) The word “ordeal” was derived from the Medieval Latin word “Dei
Indicum” which means “a miraculous decision.”

2. Norman Period of Policing System

This system of policing existed during the time of Norman William The Conqueror (King of
France). When he invaded and conquered England, a military regime of conquers and dictators began
and changed the concept of crime being committed against the state.

A. Shire-Rieve
Shire-Rieve was a policing system during the Norman Period when England was divided into
fifty-five (55) military areas, each headed by a ruler called the Rieve (head-man or lieutenant of the
army). The fifty-five (55) military divisions in England are called shires. The shire-rieve had absolute
powers that no one could questions his or her actions.
Two “Constabuli” or “The Keeper of the Horse” were appointed to each village to aid the Rieve in
his duties. It became the source of the word Constable.
The term “ Shire-Rieve” is said to be the origin of the word “Sheriff.”

B. Travelling Judge or Circuit Judge

A judge selected to hear cases which were formerly being judged by the Shire-Rieve and tasked
to travel through and hear criminal cases. This was the first instance of the division of the police and
judicial powers.

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C. Legis Henrici
An act that was enacted during this period with the following features:
▪ Offenses were classified as against the king and individual.
▪ Policeman becomes public servant.
▪ The police and the citizens have the broad power to arrest. It introduced the system called
“citizen’s arrest.”
▪ Grand Jury was created to inquire on the facts of the law. A system which made inquisition onto
the facts of a crime and eliminate the “Anglo-Saxon Trial or “Trial by Ordeal System.”

D. Frankpledge System
A system of policing whereby a group of ten neighboring male residents over twelve years of
age were required to guard the town to preserve peace and protect the lives and properties of the
people

3. Westminster Period of Policing System

It is called by this name because the laws governing policing came out of the capital of England,
which at the time was Westminster. This period has the following features:
▪ Guards were appointed and the duties of the constables at night (watch) and in daytime (ward)
were defined
▪ Statute of Westminster of 1285, a collection of regulations aimed at keeping the peace.
B. Statute of 1295
The law that marks the beginning of the curfew hours, which demanded the closing of the gates
of London during sundown.

C. Justice of the Peace (About 1361)

Three or four men who were learned in the law of the land were given authority to pursue, arrest,
chastise and imprisonment violators of law. They handled felonies, misdemeanors and infractions of
city or village ordinances. This was later abolished about 75 years after.

D. Star Chamber Court (1487)

A special court designed to try offenders against the state. The room set-up is formed in a shape
of a star and judges were given great powers such as the power to force testimony from a defendant
leading to a great abuse of power or brutality on the part of the judges.

4. Keepers of the Peace

A proclamation issued by King Richard of England sometime in 1195 that required the
appointment of knights to keep the King’s peace by standing as guards on bridges and gates while
checking the people entering and leaving the cities and towns.

5. King Charles II of England (1663)

King Charles II passed an act which established or promoted the employment of
watchmen or bellmen to be on duty from sunset to sunrise.

6. Magna Carta or "The Great Charter"

A law promulgated by King John of England upon the demand of the Knights of the Round Table
forcing the King to sign the same with the following features:
▪ No freeman shall be taken, imprisoned, banished or exiled except by legal judgment of his peers.
▪ No person shall be tried for murder unless there is proof of the body of the victim.

LONDON POLICING PRIOR TO 1829

Henry Fielding = appointed as Magistrate in 1748, introduced the first detective force, known as the Bow
Street Runners

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Bow Runners = a group of men organized by Henry Fielding and named by his brother John Fielding task
to catch thieves and robbers
identified by carrying a Tipstaff with the Royal Crown
= made up of eight constables who also investigated crimes handed over to them by the
volunteer constables and watchmen

1798 = Marine Police Force was established, salaried constables were being paid by local magistrates.
= initially made up of 220 Constables assisted by 1,000 registered dock workers, and was
responsible for preventing the theft of cargo. = widely regarded as being the first modern police force in
the world, in the sense that they were not government controlled and were responsible for the
prevention of crime.

LONDON 1829
Sir Robert Peel = appointed as Home Secretary in 1822

METROPOLITAN POLICE = organized in 1829 by Sir Robert Peel (Metropolitan Police Act of 1829)
= the largest of the police services that operate in greater London (the others include the City of
London Police and the British Transport Police)
= finest police force around the world.

TOTAL POLICING = motto of London Metropolitan Police

IMPORTANT DATES
▪ 1833 = Coldbath Fields Riot (Grays Inn Road). A major crowd disturbance dealt with by the
Metropolitan Police with controversial use of force.
▪ 1836 = The Metropolitan Police absorb the Bow Street Horse Patrol into its control.
▪ 1838 = incorporates Marine Police and Bow Street Runners into the Metropolitan Police and the
disbandment of the Bow Street Office and other Offices. These were all agreed and put into
effect.

Administration Policing Principles of London Metropolitan Police

1. Stable and effective civil police under government control
2. Absence of crime is the best proof of efficiency
3. Fast distribution of crime news to the police is essential.

▪ Commissioner = highest rank in the Metropolitan Police

▪ Police Constable = lowest rank

Contributions of the French in Policing

▪ Assigning house numbers
▪ Installing street lights
▪ Use of police ambulances
▪ Use of warrant card and ID signifying the authority to arrest

UNITED STATES POLICING SYSTEM TYPES

OF US POLICE
1. Municipal Police = includes village, township, city and country police departments, sheriff
departments.
Types of Local Police
a. Country Sheriff = in charged with the operation of county jail, civil function such as service of
eviction notices and other court orders and police responsibility.
b. City Police = most common local police organization. It has jurisdiction in matters that occur
in an incorporated municipality.
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2. State Police = includes special investigative agencies that concentrate on statewide law
enforcement
3. Federal Police = agencies operated by federal government at the national level

Some Federal Agencies Having Police Functions

a. Protection of Life, Property and Enforcement of Penal Statutes
1. Federal Bureau of Investigation (Department of Justice) = investigates all violations of federal law
except when the enforcement authority was given to other specific federal agency
2. United States Secret Service (Department of Treasury) = concerned with investigation of
counterfeiting, forging or altering of any of the money or other securities of the U.S. It is also in charged
of the protection of the president and his family, and of the executive mansion grounds
3. Bureau of Narcotics (Department of Treasury) = investigated all violations of federal law relating to
prohibited drugs
4. Immigration and Naturalization Service (Department of Justice) = investigates all violations of
immigration and naturalization laws, patrol boarders to prevent surreptitious entry of aliens,

b. Protection of the National Revenue

1. Intelligence Unit of the Bureau of Internal Revenue = investigation of violations of income tax laws
2. Alcohol Tax Unit of the Bureau of Internal Revenue = violations of internal revenue laws
3. Division of Investigation and Patrol, Bureau of Customs = investigates smuggling activities and
enforces customs and navigation laws.
4. Private Police = additional police protection made by employing sworn officers through contract
when they are not officially on duty

Two Basic Forms of Private Police

a. Proprietary Police = when a person wish to receive service, he hires and security personnel directly
b. Contract Security = services of an independent security company

U.S. Police Agencies

New York City = it is where the first full time police force was organized in the United States
▪ New York Police Department = the largest police force in the United States
▪ Texas Ranger = police force originally created in response to colonization
▪ Boston Police Department = first local modern police department established in the United
States
▪ Pennsylvania State Police = the first state police agency established
▪ Los Angeles Police Department = police force that hired the first female police officer
named, Alice Stebbins Wells

The United States police rank model is generally quasi-military in structure. Although the large
and varied number of federal, state, and local police departments and sheriff's office have different
ranks, a general model, from highest to lowest rank, would be:
➢ Chief of Police/ Police Commissioner/ Superintendent/ Sheriff
➢ Deputy Chief of Police/Deputy Commissioner/Deputy
Superintendent/Undersheriff
➢ Inspector/Commander/Colonel
➢ Major/Deputy Inspector
➢ Captain
➢ Lieutenant
➢ Sergeant
➢ Detective/Inspector/Investigator
➢ Officer/Deputy Sheriff/Corporal

CANADA

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Royal Canadian Mounted Police (RCMP) = colloquially known as Mounties and internally as “The Force”
= is the national police force of Canada and one of the most recognized of its kind in the word being a
national, federal, provincial and municipal policing body. It is founded in 1920 by the Merger of Royal
Northwest Mounted Police(1873) with the Dominion Police (1868).
= headed by the Commission under the direction of the Minister of Public Safety Canada.

Commissioner = highest rank in the Royal Canadian Mounted Police

Police Constable 4th Class = lowest rank

AUSTRALIA
Australian Police = a progressive and multi-faceted law enforcement organization, taking strong lead in
the fight against 21st century crime.
▪ Commissioner = highest rank
▪ Constable = lowest rank
HONGKONG
Hong Kong Police Force
= is the largest disciplined service under the Security Bureau of Hong Kong. It is the world's
second, and Asia's first, police agency to operate with a modern policing system. It was formed on 1
May 1844.
in 1969, Queen Elizabeth II granted the Royal Charter to the Hong Kong Police Force for
their handling of the Hong Kong 1967 riots — renaming them: the Royal Hong Kong Police Force.
Following the transfer of sovereignty, the Force is once again named the Hong Kong Police Force

Structure HKPF
The Force is commanded by the Commissioner of Police, who is assisted by two deputy
commissioners:
a. Deputy Commissioner – Operations = supervises all operational matters including crime and
b. Deputy Commissioner – Management = is responsible for the direction and coordination of
force management including personnel, training, and management services.

Motto =We Serve with Pride and Care

The Hong Kong Police Force is organized into Six Regions:

▪ Hong Kong Island
▪ Kowloon East
▪ Kowloon West
▪ New Territories North
▪ New Territories South
▪ Marine Region

The Force Headquarters (Management) is made up of five departments:

▪ Operations & Support
▪ Crime & Security
▪ Personnel & Training
▪ Management Services
▪ Finance, Administration and Planning

Hong Kong Police College = s responsible for all matters relating to training within the Hong Kong
Police except internal security, Auxiliary and Marine Police training. Training provided by the Police
College includes recruit and continuation training, crime investigation training, police driver training and
weapon tactics training. The information technology training, command training, local and overseas
management training, some specialist courses and periodic courses on firearms and first aid are also

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provided by the Police College.

Service Quality Wing = is responsible for spearheading initiatives to improve services provided to force
customers both external and internal. The wing comprises three branches: Performance Review,
Research and Inspections and Complaints and Internal Investigations (C&II) Complaints and Internal
Investigations (C&II) = includes the Complaints Against Police Office (CAPO) oversees the investigation
and successful resolution of all complaints made both externally and internally against members of the
force.

Entry Requirements to HKPF Nationality

Must be a permanent resident of the Hong Kong Special Administrative Region and have lived in Hong
Kong for at least seven years.
For Inspector
Academic Requirements
▪ Hong Kong degree, or equivalent; or
▪ An accredited Associate Degree from Hong Kong tertiary institution / A Higher Diploma from a
Hong Kong polytechnic / polytechnic university, or a Diploma from a registered post-secondary
college awarded after the date of its registration, or equivalent; or
▪ A pass in two subjects at Advanced Level in the Hong Kong Advanced Level Examination (2A)
plus three other subjects at Grade C or above in the HKCEE (3O), or a combination of results in
five Hong Kong Diploma of Secondary Education (HKDSE) subjects of Level 3 in New Senior
Secondary (NSS) subjects, “Attained with Distinction” in Applied Learning (ApL) subjects
(subject to a maximum of two ApL subjects) and Grade C in Other Language subjects, or
equivalent.

For Police Constable Academic

Requirements

Five passes or above, which may include Chinese Language and English Language, in the
HKCEE, or a combination of results in five Hong Kong Diploma of Secondary Education (HKDSE)
subjects of Level 2 in New Senior Secondary (NSS) subjects, “Attained” in Applied Learning (ApL)
subjects (subject to a maximum of two ApL subjects) and Grade E in Other Language subjects, or
equivalent.

Selection Processes For Inspector

▪ Written Examination
▪ Extended Interview
▪ Psychometric Test
▪ Final Interview Board
▪ Physical Fitness Test
▪ Integrity Checks and Medical Examination
▪ Appointment

Selection Processes for Police Constable

▪ Physical Fitness Test
▪ Group Interview
▪ Psychometric Test
▪ Final Interview Board
▪ Basic Law Test
▪ Integrity Checks and Medical Examination
▪ Appointment

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RANKS OF HKPF
Commissioner of Police (CP)
Deputy Commissioner of Police (DCP)
Senior Assistant Commissioner of Police (SACP)
Assistant Commissioner of Police (ACP)
Chief Superintendent of Police (CSP) Senior
Superintendent of Police (SSP) Superintendent
of Police (SP)
Chief Inspector of Police (CIP) Senior
Inspector of Police (SIP) Inspector of
Police (IP)
Probationary Inspector of Police (PI) Station
Sergeant (SSGT)
Sergeant (SGT)
Senior Constable (SPC) Police
Constable (PC)

TAIWAN
TAIWAN POLICE FORCE = is the unified police force of taiwan
= under the supervision of NATIONAL POLICE AGENCY which is directly under the
MINISTRY OF INTERIOR
= under effective civilian control

FUNCTIONS
1) to maintain public order,
2) 2) to protect social security,
3) 3) to prevent all dangers, and
4) ) to promote the welfare of all people.

TYPES OF POLICE FORCE IN TAIWAN

1. Administration Police = are generally referred to those who are required to wear uniforms to carry
out duties of household visits, patrolling, raid, guarding, duty officer, and reserves.
2. Traffic Police = the primary duties of the Traffic Police are to keep traffic order, to ensure traffic
safety, to prevent traffic accidents, and to smooth traffic flow.
3. Special Police = are those who are responsible for protecting the Central Government, establishing
contingent plans and assisting local and specialized police units in maintaining public order.
4. Criminal Investigation Police = the primary duties of the criminal investigation police are to prevent
and detect crimes.
5. Specialized Police = main duties are to protect state-run enterprises and public facilities like
railways, highways, airports, harbors, MRT and Bank of Taiwan.

RANKS OF TAIWAN POLICE FORCE

Police Supervisor General Police
Supervisor Rank Police Supervisor
Rank Two Police Supervisor Rank
Three Police Supervisor Rank Four
Police Officer Rank One Police Officer
Rank Two Police Officer Rank Three
Police Officer Rank Four Police Rank
One
Police Rank Two Police
Rank Three Police Rank
Four

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MYANMAR
Myanmar Police Force = formally known as The People's Police Force (Burmese: Pyi Thu Yae Tup Pwe)
= established in 1964 as independent department under Ministry of Home Affairs. It was
reorganized on 1 October 1995.
There are 14 State and Divisional Police Forces and three additional State/Division Police
Forces

Each State and Divisional Police Force consist of four components

▪ Office of the Commander of the State and Divisional Police Force
▪ Office of the Commander of the District Police Force
▪ Office of the Commander of the Township Police Force
▪ Police Stations

TRAINING CENTERS
1. Central Training Institute of Myanmar Police Force
2. No.1 Police Training Depot = undertakes Basic Training Course for Police Sergeant for 2 years;
Warrant Officer and Police Sergeants Course for 12 Weeks; and Basic Training Course for Constables
for 6 Month
3. No. 2 Police Training Depot = undertakes only Basic Training Course for Constables, which normally
takes around 6 months to complete.

INDONESIA POLICING SYSTEM

Indonesian National Police (Kepolisian Negara Republika Indonesia) = is the official police force of
Indonesia
= organized 1946
= also known as Polri
Markasbesar/Mabes = name of the headquaters of Indonesian National Police located in
KebayoranBaru, South, Jakarta, Indonesia

POLRI TERRITORIAL FORCES

1. Kepolisian Daerah or polda = provincial police
2. Kepolisian Wilayah or Polwil = regional police
3. Kepolisian Resort or Polres = city police
4. Kepolisian Sector or Polsek = sub-district police

SPECIAL BRANCHES
1. Brigade Mobile (BRIMOB) = the most militarized trained to deal with mass demonstrations
= paramilitary role to conduct security stabilization operations and providing security for VIP and
vital facilities
2. Anti-Riot Unit (Pasukan Anti Huru-Hura) = received special anti-riot training
3. Sea and Air Police = responsible patrolling the airspace
4. Plainclothes Unit = assigned in conducting investigations
5. Maritime Police = responsible in protecting the territorial sea
6. Anti-Terrorist Unit = trained in counter-terrorism
7. Forensics = in-charged of laboratory examination of evidence

POLICE RECRUIT VOLUNTEERS

▪ At least sixth-grade education and should pass the competitive examination.
After 3 years, personnel with junior secondary diploma could enter into training to become NCO.

RANKING SYSTEM OF POLRI

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Police General = equivalent of Director General of PNP
Second Bhayangkara = equivalent of police officer 1 of the PNP

ROYAL MALAYSIAN POLICE (RMP: Malay: Polis Diraja Malaysia, PDRM) = police force of Malaysia.
= headquarters is located at Bukit Aman, Kuala Lumpur
= The constitution, control, employment, recruitment,fund, discipline, duties and powers of the
police force is specified and governed by the Police Act 1967

Motto = TEGAS, ADIL DAN BERHEMAH = Firm, Fair And Prudent

RMP Organizations
1. Management Department = the Management Department is tasked with the routine of management
and administration affairs of the RMP. This department is also the nerve centre of the RMP and acts as
the support services platform for the rest of the force.
2. Logistics Department = has the role to provide several equipments needed in RMP
▪ 3. Criminal Investigation Division = deals with the investigation, arrest and prosecution of hard
crimes (murder, robbery, rape etc) and petty crimes (theft, house-breaking etc).
= This department also specializes in gambling, vice and secret societies (triads)
Branches of Criminal Investigation Division
▪ D1 – Administrative Division
▪ D2 – Criminal Record Registration
▪ D3 – Internal Affairs
▪ D4 – Statistics
▪ D5 – Prosecution and Law Divisions
▪ D6 – Technical Assistance Division
▪ D7 – Gambling / Vice / Secret Societies
▪ D8 – Investigation Division / Planning
▪ D9 – Special Investigation Division
▪ D10 – Forensic Laboratory Division
▪ D11 – Sexual Investigation Division
▪ D12 – National Centre Bureau-Interpol Division

4. Narcotics Criminal Investigation Division = this department's function is to fight against dangerous
drugs by enforcing the law to stop and reduce the demand and supply of dangerous drugs.
5. Internal Security and Public Order Department = responsible for traffic control and Search & Rescue
(SAR) operations
6. The Police Field Force (PFF) = organized in battalions and was a para-military units of the Royal
Malaysia Police. Also known as the Jungle Squad
= established in 1948
7. Police Counter-Terrorism Unit = an elite unit of RMP responsible in counter-terrorism operations
8. UNGERIN = Unit Gempur Marin (UNGERIN) (Marine Combat Unit) was established in 2006 and it was
fully operational by the end of 2007
= first name was Unit Selam Tempur due to the pressing need to suppress the pirate attacks
alongside the coastal area of Malacca Straits and open sea area of South China Sea which were
continuously widespread from time to time despite various efforts done to overcome the problem
= members received training from U.S
9. Federal Reserve Unit (FRU) = (Malay: Pasukan Simpanan Persekutuan)
= its role is riot suppression, crowd control, disaster relief & rescue, as well as special
operations assistance
= organized in 1955
10. C4-i Implementations System = (abbreviation for Command, Control, Communications, Computer-
Integrated) = based at Police Control Centre in all police contingents in Malaysia.
= this unit is assigned to patrol the city and the suburbs.

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11. The Marine Operations Force or (Malay: Pasukan Gerakan Marin) = tasked with maintaining law
and order and coordinating search and rescue operations in the Malaysian Maritime Zone and on the
high seas
12. Royal Malaysian Police Air Wing Unit or Unit Udara PDRM (UUP) = is a special unit of Royal Malaysia
Police with a vital role in maintaining national security with thorough surveillance and patrol from the
air
13. Special Branch = This department is responsible for collecting intelligence for national security
14. Traffic Unit = responsible in maintaining the flow of traffic
15. Commercial Crimes Investigation Department = this department's main function is to investigate,
arrest, and prosecute offenders committing white collar crimes such as fraud, breach of trust, cyber-
crimes, forgery, counterfeiting etc
16. Mounted Police = police who patrol on horseback (equestrians) or camelback. They continue to
serve in remote areas and in metropolitan areas where their day-to-day function may be picturesque or
ceremonial, but they are also employed in crowd control because of their mobile mass and height
advantage

RANKS OF RMP
INSPECTOR-GENERAL OF POLICE = equivalent of director general (Philippines)
POLICE CONSTABLE = equivalent of police officer 1 (Philippines)

Singapore
Francis James Bernard = formed the skeleton force as the heritage of Singapore Police Force in 1819.
▪ Singapore Police Force (SPF) is the main agency task with the maintaining law and order in the
city-state. It is formerly known as Republic of Singapore Police. Organized with split staff (15)
and line functions (13) roughly modeled after the military. Headquarters at New Poenix Park in
Novena. The highest rank is Commissioner of Police and the lowest is Police Constable.
▪ Section 7 of Police Force Act of 1857 = constitution of the SPF
Recruitment/training
▪ High school graduates who were interested in law enforcement as a career can be recruited
and those who are selected for officers had to be approved by the Public Service Commission.
▪ Career development course were encouraged for officer and senior officers are required to
travel oversees for training such as in Police Staff College in Britain, FBI Nat’l Academy in US
and Police Academy in Japan.
▪ Nine (9) months training. Newly appointed officer will be placed on a one year probation period.

RANKS OF SPF
Commissioner of Police = equivalent of director general in the Philippines
Constable = equivalent of Police Officer 1 in the PNP

JAPAN POLICING SYSTEM

▪ Keihoryo (Police Bureau within the Ministry of Home affairs to 1945)

▪ Japanese Colonial Government = the one which organized the first formal policing in China.
▪ Japanese Yakuza = considered as the center of Asian organized crime action.

ORGANIZATION OF NPA
1. National Public Safety Commission = a government body responsible for the administrative
supervision of the police. Under the jurisdiction of the Prime Minister
2. Japan National Police Agency (NPA) = a totally gunless police force, except for its special attack
team.

Organizations Attached to the NPA

a. National Police Agency = provides training to police officers and conduct academic research
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b. National Research Institute of Police Science = conducts research in police science
c. Imperial Guards = provides escort to the Emperor, Empress, Crown Prince and other Imperial family.
= responsible for the security of Imperial Palace
3. Regional Police Bureau = exercise control and supervision over regional police offices and provides
support with the prefectural police.
Director General = heads each Regional Bureau acting upon orders from the
Commission General of the NPA.

Regional Police Bureau = the local organizations to carry out part of the NPA’s functions. There are
about 7 Bureaus in the major cities except for Tokyo and Hokkaido where in Tokyo, Metropolitan Police
department (headed by Superintendent General) has long been established and shares the same
location with the NPA. Prefectural Police has the whole of Hokkaido under its jurisdiction.

4. Prefectural Public Safety Commission (PPSC) = administrative commission functioning under the
representative system which supervise the prefectural police. Under the Jurisdiction of the Governor.
Though not empowered to give order to the Commission.

5. Koban = a system of policing adopted in Japan, a substation near major transportation hubs and
shopping areas and in residential districts which forms the first line of police response to the public.
= Koban usually staffed by 3-5 officers and about 7000 residential police boxes (Chuzaisho-
staffed by a single officer). About 20 % of police is assigned to Koban.

CHINA POLICE SYSTEM

▪ Ministry of National Defense = is the top of the hierarchy with judicial and public security
agencies such as Ministry of Public safety and the Ministry of State Security.
▪ Ministry of Public Security= is the principal police authority of the mainland of the People’s
Republic of China which oversee the day to day law enforcement. (It is the equivalent of the
National Police Agency in Japan).
▪ Ministry of State Security = the Chinese government’s largest and most active foreign
intelligence agency, though it is also involved in domestic security matters.

Kinds of police
1. People’s Armed Police (PAP), 1980’s deals with domestic disturbances, acts as riot police and
guard’s government compounds and foreign embassies. Usually handles border defense but is called
sometimes to back up local police.
2. State Security Police = (1983) safeguards state security, prevent foreign espionage, sabotage and
conspiracies. Under the Ministry of State Security and directly accountable to the State council.
3. Prison Police = a part of the correctional arm of the overall police system stationed in prisons and
correction units. This is under the leadership of the Ministry of Justice.
4. Judicial Police = responsible for maintaining the security and order in courts and serving
instruments and some also executing death sentences.
5. Quasi parapolice (“Cheng guan”) = operate in many places and hired by officials to help carry out
some unpopular actions such as collecting taxes and fines and ousting peasants from seized land.

Special Police College = conducts nationwide recruitment once a year.

Central Military Commission = appoints police in China
People’s Liberation Army = Chinese Armed forces.
Civil Service Promotion Examinations = basis for regulation of the Rank promotion
Examination for police officer.

RANK SYSTEM IN CHINA

Commissioner General = equivalent of Director General in the PNP
Constable 2nd Class = equivalent of Police Officer 1 in the PNP

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 THAILAND POLICE SYSTEM
Royal Thai Police = formerly known as THAILAND NATIONAL POLICE DEPARTMENT (TNPD)
= In 1998, TNPD was transferred from the Ministry of Interior of Thailand to be directly under
the Office of the Prime Minister using the name Royal Thai Police. The position of its supreme head
was changed from that of the Director-General of the TNPD to the Commissioner- General of the Royal
Thai Police

Royal Thai Police Headquarters = based in Bangkok Police-

General = highest rank of the Royal Thai Police Policeman /
Constable = lowest rank

BRUNEI POLICE SYSTEM

▪ Royal Brunei Police Force (Polis Diraja Brunei – PDRB) = created in 1921 which is responsible
for keeping law and order and providing law enforcement services throughout Brunei
▪ Inspector-General of Police = highest rank
▪ Lance Corporal = lowest rank

Philippine Police System

▪ During the Spanish Regime
 Maintenance of law and order is a part of the military system for the defense of the
colony;
 Locally organized police forces although performing civil duties is a direct adjunct of the
colonial military establishments; (policemen in appearance yet colonial soldiers in the
ultimate sense.
 Police functions consisted mainly of (1) suppression of brigandage by patrolling
unsettled areas; (2) detection of local or petty uprising by spying upon the work and
movements of the people and; (3) the enforcement of tax collection including church
revenues.

▪ Cuardilleros = a body of rural police organized in each town established by Royal decree of Jan.
8, 1836. It mandates that 5% of the able bodied male inhabitants of each province where to be
enlisted in this police organization for 3 years. There services are originally not paid or
gratuitous subject to some privileges although in some province they received a proportionate
pay ranging from 4.00 to 8.00 depending on the revenue collection.

▪ Carabineros De Seguridad Publica = Organized in 1712 for the purpose of carrying the
regulations of the Department of State. This was armed and considered as the mounted police
who later discharged the duties of a port, harbor and river police. It was later given special
commission by Royal Decree of December 20, 1842 and it was called – Cuerco De Seguridad
Publica ( Corps of Crabbiness for Public Security).

▪ Gurdia Civil = Created by Royal decree on February 12, 1852, to partially relieve the Spanish
peninsula troops of their works in policing towns. It is consisted of a body of Filipino policemen
organized originally in each of the provincial capital of the province of Luzon under the Alcalde
Mayor.)

▪ Philippine Commission Act No. of 175 = (July 18, 1901) an act providing for the organization
and government of an Insular Constabulary.

▪ Sec. 1, Act 255 of October 3, 1901 = renamed the Insular Constabulary to Philippine
Constabulary (a national police institution for preserving peace, keeping order and enforcing the
law.

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 ▪ Henry Allen = the first Chief of the Philippine Constabulary.

▪ Rafael Crame = the first Filipino Chief of the Philippine Constabulary.

▪ Act No 70 = (On January 9, 1901) The Metropolitan Police Force of Manila was organized

▪ E.O. 389 = Ordered that the PC be one of the four services of the AFP, dated December 23, 1940.

▪ P.D. 765 = Integration Act of 1975, dated August 8, 1975, established the Integrated National
Police (INP) composed of the PC as the nucleus and the Integrated local police forces as
components, under the Ministry of National Defense.

▪ E.O. 1012 =transferred to the city and municipal government the operational supervision and
direction over the INP units assigned within their locality.

▪ R.A. 4864 =It created the POLCOM (Police Commission) as a supervisory agency to oversee the
training and professionalization of the local police under the Officer of the President. Otherwise
known as the Police Professionalization act of 1966, dated September 8, 1966. It was later
renamed as the National Police Commission (NAPOLCOM).

▪ E.O. 1040 = Transferred the Admin. Control and Supervision of the INP from the ministry of
National Defense to the National Police Commission

▪ R.A. 6975 = It is otherwise known as the Department of Interior and Local Government Act of
1990, enacted on December 13, 1990. Established the PNP, BFP, BJMP and the PPSC.
▪ R.A. 8551 Philippine National Police Reform and Reorganization Act of 1998, enacted 1998,
amending the provision of R.A. 6975

▪ Act No. 181 = created the Division of Investigation (DI) of the Department of Justice dated
November 1938.

▪ R.A. 157 = created the National Bureau of Investigation, enacted June 19, 1947 and later
reorganized by R,A. 2678

▪ Line and Staff = the organizational structure of the P.N.P. which is also adopted by many police
organization in the world.

▪ P.N.P. = headed by Chief with a rank of Director General with two (2) Deputy Director General (1)
for Administration and (2) for Operation. Although there are three (3) Deputy Director General
ranks.

▪ SOP No. 7 = prescribed PNP guidelines in the conduct of operations against terrorists and other
lawless elements involved in terrorist activities.

United Nations = officially came into existence on October 24, 1945

= Coined by Winston Churchill and Franklin D. Roosevelt in the declaration by United Nation. This
declaration was made to officially state the Cooperation of the allies (Great Britain, the United States,
and the Union of soviet Socialist Republics)

Branches of UN
1. UN general Assembly = This is the main decision- making and representative assembly in the UN
through its policies and recommendations. It is composed of all member states , is headed by a
president elected from the member states, and meets from September to December
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 Functions of General Assembly
a. Deliberative = initiating studies and making recommendations for the development of international
law
b. Supervisory = receiving and considering annual and special reports from another organs
c. Financial = approval and apportionment of budget
d. Elective = election of non-permanent members of the security council
e. Constituent = admissions of members and the amendments of charter

2. UN Security Council = is another branch in the organization of the UN and is the most powerful of all
the branches.

FUNCTIONS
a. Preventive Action = consist of provisional measures to prevent a conflict from worsening, and may
involve the deployment of PEACEKEEPING AND OBSERVER missions

b. Enforcement Action = consist of deployment of air, sea and land forces

Five Permanent Members of Security Council
1. China
2. France
3. Russia
4. United Kingdom
5. United States
*The other 10 members are rotating or elective members for a period of two years by the General
Assembly

3. International Court of Justice = Located in the Hague, Netherlands. This branch is responsible for the
judicial matters of the UN.

4.Secretariat = Its main responsibility is providing studies, information, and other data needed

5. Economic and Social Council = consists of 45 members elected by the General Assembly for a 3
year term.

Efforts are Towards the Following:

a. Higher standards of living
b. Condition of economic and social progress and development
c. Solutions of international economic, social, health and related problems
d. Universal respect for human rights and fundamental freedoms

6. Trusteeship Council = assists the security council and the general assembly in the administration of
the International Trusteeship System

UN CHARTER = it is closest to a constitution that basically governs the relations of international

persons. Technically, it is a Treaty.

TREATY = an international agreement concluded between states in written form and sworn by
international law, whether embodied in a single instrument or in two or more instruments and whatever
its particular designation.
INTERPOL
▪ Interpol (1923) = (International Criminal Police Organization) is the police forces organization
that primarily manifest global or international cooperation in addressing transnational crime. Its
headquarters was initially located in Vienna Austria (it is where Interpol was founded) but at
present it is transferred to Lyon France.
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 ▪ INTERPOL = is the world’s largest international police organization, with 190 member countries.
It exists to help create a safer world by supporting law enforcement agencies worldwide to
combat crime.

▪ It aims to facilitate international police co-operation, and supports and assists all organizations,
authorities and services whose mission is to prevent or combat internal crime.
= the organization of law enforcement agencies worldwide that serves as transmission or
communication line for the exchange of information, data and request for assistance between
and among the member countries.

▪ It focuses on: (1) Combat crimes and transnational crimes; (2) protect minorities against the
dominant groups; and (3) Maintain law enforcement regardless of race or religion.

INTERPOL’ s Structure
▪ General Assembly
▪ Executive Committee
▪ General Secretariat
▪ National Central Bureaus
▪ Advisers
▪ The Commission for the Control of INTERPOL’s Files.

General Assembly = is the supreme governing body of the Interpol, it meets annually and comprises
delegates appointed by each member country. The assembly takes all important decisions related to
policy, resources, working methods, finances, activities and programmes.

Executive Committee = consisting of 13 members elected by the General Assembly and comprises the
president, three vice –presidents and nine delegates covering the four regions.
It is the INTERPOL’s select deliberate organ which meets three times a year, usually in March,
July and immediately before the General Assembly.

Current Members of the EC as of 2012

▪ KHOO Boon Hui (Singapore) – Current President and Singapore’s Senior Deputy Secretary of
the Ministry of Home Affairs and former Commissioner of Police.

3 Vice Presidents
Adamu Abubakar MOHAMMED (Nigeria) Mireille
BALLESTRAZZI (France)
Oscar Adolfo NARANJO TRUJILLO (Colombia)

9 Delegates
▪ Pieter Jaap AALBERSBERG (The Netherlands)
▪ Fath ELRAHMAN Osman (Sudan)
▪ Emmanuel GASANA (Rwanda)
▪ Francisco GIL MONTERO (Spain)
▪ Nobuyuki KAWAI (Japan)
▪ Tariq KHOSA (Pakistan)
▪ Sanna PALO (Finland)
▪ Marcos VASQUEZ MEZA (Chile)
▪ Timothy A. WILLIAMS (United States)

General Secretariat = (Lyon, France) operates 24 hours a day, 365 days a year and is run by the

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Secretary General. It Works with Officials of more than 80 countries side-by-side using four official
languages: Arabic, English, French and Spanish. It consists of seven (7) regional offices across the
world namely:
 Argentina,
 Cameron,
 Cote D’Ivoire,
 Kenya,
 El Salvador,
 Thailand, and
 Zimbabwe.

National Central Bureaus (NCB) = Each INTERPOL member country maintains a National Central
Bureau staffed by National law enforcement officers. The NCB is the designated contact point for the
General Secretariat, regional offices and other member countries requiring assistance with overseas
investigations and the location and apprehension of fugitives.

Advisers = these are experts in a purely advisory capacity, who may be appointed by the Executive
Committee and confirmed by the General Assembly.

Commission for the Control of INTERPOL’ File (CCF) = this is an independent body whose mandate is
threefold:
(1) to ensure that the processing of personal information by INTERPOL complies with the
Organization’s regulations,
(2) to advice INTERPOL on any project, operation, set of rules or other matter concerning the
information contained in INTERPOL’S files.

INTERPOL’s Governance = comprises the General Assembly and the Executive Committee, which is
headed by the President.
The President of the Organization is elected by the General Assembly for a period of four (4)
years. His role is to chair the General Assembly and Executive Committee and ensure that INTERPOL’S
activities conform with decisions made at these meetings.

 Oskar Dressler = the first secretary general of the Interpol.

 Johann Schober = the first president of the Interpol.

INTERPOL’S NOTICE
1. Red Notice – a notice which is issued to seek the arrest or provisional arrest of wanted persons
with a view to extradition.
2. Blue Notice – this type of notice is issued in order to locate, identify or obtain information on a
person of interest in a criminal investigation.
3. Green Notice – to warn about a person's criminal activities if that person is considered to be a
possible threat to public safety.
4. Yellow Notice – to help locate missing persons, often minors, or to help identify persons who are
unable to identify themselves.
5. Black Notice – a notice issued to seek information on unidentified bodies.
6. Orange Notice – to warn of an event, a person, an object or a process representing an imminent
threat and danger to persons or property.
7. Purple Notice – issued to provide information on modus operandi, objects, devices and
concealment methods used by criminals.
8. INTERPOL–United Nations Security Council Special Notice – is issued for individuals and entities
that are subject to UN sanctions.

The following are channels of global bilateral and multilateral international cooperation against

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transnational crime:
 Global multi-lateral cooperation via Interpol;
 Bilateral police cooperation agreements with individual states;
 European multilateral cooperation via Europol.

*System of policing that serves as a grass root approach to bring the people and the police together in
cooperative manners:
 Problem Oriented Policing
 Community Oriented Policing
 Cooperative Policing
 Team Policing

INTERPOL’s FOUR CORE FUNCTIONS

1. Secure Global Police Communications Services
INTERPOL developed the I-24/7 global police communications system to exchange crucial
data quickly and securely is a cornerstone of effective international law enforcement.

2. Operational Data Services and Databases for Police

INTERPOL provides operational data services and databases for police to fight
international crime, police need access to information which can assist investigations or help prevent
crime. INTERPOL manages several databases, accessible to the INTERPOL bureaus in all member
countries through its I-24/7.

3. Operational Police Support Services

a. 24-Hour Support
The Command and Co-ordination Centre(CCC) operates round the clock in all of INTERPOL’s
four official languages (English, French, Spanish and Arabic) and serves as the first point of contact for
any member country faced with a crisis situation.
b. Crisis Response and Major Events
In the event of a disaster or major crime, INTERPOL Response Teams or Disaster Victim
Identification teams composed of officers from the General Secretariat and member countries can be
dispatched to the scene within hours of an event.
c. International Alert System
An important component of INTERPOL’s operational police support is the notice system, of
which the Red Notice for wanted persons is the most well known. In addition to the six color- coded
notices (Red, Blue, Green, Yellow, Black and Orange), is the INTERPOL-United Nations Special Notice
issued for groups or individuals who are the targets of UN sanctions against Al Qaeda and the Taliban.
d. Analyzing Crime Data
Criminal intelligence analysis is recognized by the law enforcement community as a valuable
tool, helping to provide timely warning of threats and operational police activities. INTERPOL
contributes to investigations by assisting officers working at the General Secretariat and in member
countries with research and analysis on crime trends and with training courses in criminal analysis
techniques.

Divisions of Criminal Intelligence Analysis

a. Operational Analysis = aims to achieve a specific law enforcement outcome. Usually, it has
immediate benefit
b. Strategic Analysis = provides early warning signals of threats and to support decision making in
setting priorities to deal with criminal issues
4. Police Training and Development
As one of the 4 INTERPOL core functions, Police Training and Development continues to evolve
as a priority for INTERPOL and member countries.

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ASEAN NATIONAL POLICE (ASEANAPOL)
1981 (Manila) = The first formal meeting of The Chiefs of ASEAN Police
= Attended by 5 original member countries (Indonesia, Malaysia, Philippines, Singapore and
Thailand)

FIVE OTHER MEMBERS

1. Brunei 4. Myanmar
2. Cambodia 5. Vietnam
3. Lao

IMPORTANT DATES
▪ 1983 (Jakarta) = Endorsement of the model & design of ASEANAPOL logo
▪ 1984 (Kuala Lumpur) = Royal Brunei Police became a member and joined the annual
conference
▪ 1996 (Kuala Lumpur) = Vietnam joined as a new member
▪ 1998 (Brunei) = Laos joined ASEANAPOL
▪ 2000 (Myanmar) = Myanmar became the 10th country to joined as a new member
▪ 2005 (Bali) = The setting up of a working group to consider the viability of establishing a
permanent ASEANAPOL Secretariat
= Silver Jubilee Commemoration of ASEANAPOL
▪ 2008 (Brunei) = The Royal Malaysia Police was chosen as a host of permanent ASEANAPOL
Secretariat
▪ 2009 (Vietnam) = Adoption of Terms of Reference (TOR)
▪ 2010 = On 1st January 2010 commencement of ASEANAPOL Secretariat in Kuala Lumpur,
Malaysia

ORANIZATION
1. ASEANAPOL EXECUTIVE COMMITTEE = comprise of deputy heads of delegation attending the
annual ASEANAPOL conference. It provides a summary reports of the activities of the Secretariat to
the Head of the Delegation

2. ASEANAPOL PERMANENT SECRETARIAT = is on rotational basis with member countries taking turn
to host the ASEANAPOL conference and automatically assume the role of the secretariat for the
current year.
= headed by executive director and assisted by 2 directors

Tenure of Services
a. Executive Director - 2 years
b. Directors - 3 years (one for Police Services and one for Plans and Programs
*During the 29th ASEANAPOL Conference in Hanoi, Vietnam in 2009, the Terms of Reference on
the establishment of ASEANAPOL Secretariat was finally endorsed. Kuala Lumpur was made the
permanent seat.
*The ASEANAPOL Secretariat started its operation fully on January 1, 2010.

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 Forensic Chemistry
Forensic Chemistry – that branch of chemistry which deals with the application of chemical
principles in the solution of problems that arise in connection with the administration of justices. It
is chemistry applied in the elucidation of legal problems.

Scope of Forensic Chemistry

Forensic chemistry is not limited to purely chemical questions involved in legal proceedings. It
has invaded other branches of forensic sciences such as but not limited to the following:
Legal Medicine

Ballistics

Questioned Document Examination

Dactyloscopy

Photography

Four Stages in the Practice of Forensic Chemistry

1. Collection or reception of specimen to be examined;

a. Sufficiency of samples

b. Standard for comparison

c. Maintenance of individuality

d. Labeling and sealing

2. The actual examination;

3. The communication of results of examination; and

4. Court appearance

Six Golden Rules in the Practice of Forensic Chemistry

1. Go slowly

2. Be thorough

3. Take notes

4. Consult others

5. Use Imagination

6. Avoid complicated theories

Blood and Blood Stains

1. As circumstantial or corroborative evidence against or in favor of the perpetrator

2. For disputed parentage

3. Determination of the cause of death the length of time the victim survived the attack.

4. Determination of the direction of escape of the victim or the assailant.

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5. Determination of the origin of the flow of blood.

6. Determination of the approximate time the crime was committed.

Some Characteristics of Blood

1. The circulating tissue of the body

2. 1 cc of blood: 5,000,000 red cells.

3. Man of average size: about 6 quarts of blood

4. Made up of FORMED ELEMENTS {a. RBC (Erythrocytes) b. WBC (Leucocytes) c. PLATELETS

(Thrombocytes)} and PLASMA (liquid portion of blood; composing about 65% of the total
blood volume)

5. Serum – a straw-yellowish liquid that can be seen when blood is allowed to clot.

Problems in the Study of Blood

A. Where blood has to be searched for.

B. Collection, preservation and transportation of specimen suspected to contain blood.

C. Does the stain contain blood or another substance?

a. Preliminary Test (a.k.a.: Presumptive or Color Test) – a positive result is not conclusive
that the stain is blood but a negative result is conclusive that the stain is not blood.
REASON: Other substances may yield the same reaction as blood. This includes:
sputum, nasal secretion, plant juices, formalin, etc.

b. Benzidine Test: Benzidine Solution & Hydrogen Peroxide (agua oxigenada). A

positive reaction is indicated by BLUE COLOR

c. Guaiacum Test (Van Deen’s, Day’s or Schonbein’s Test) – Guaiac & Hydrogen
Peroxide. A positive reaction is indicated by BLUE COLOR
d. Phenolphthalein Test (Kastle-Meyer Test) – Phenolphthalein reagent and
Hydrogen Peroxide. A positive reaction is indicated by RED/PINK COLOR.

e. Leucomalachite Green Test – Leucomalachite Green Reagent & Hydrogen Peroxide. A

positive reaction is indicated by MALACHITE GREEN WITH A BLUISH- GREEN OR
PEACOCK BLUE COLOR.
f. Hemastix Test – designed as a urine dipstick test for blood, the strip can be moistened
with distilled water and placed in contact with a suspect bloodstain. A positive reaction
is indicated by GREEN COLOR.

g. Luminol Test – its reaction with blood results in the production of light rather than
color. By spraying luminal reagent onto a suspect item, large areas can be quickly
screened for the presence of bloodstains.

b. Confirmatory Tests – The actual proof that a stain is blood consists in establishing the
presence of characteristic blood pigment, hemoglobin or one of its derivatives. The 3
Confirmatory Tests commonly employed are Teichmann, Takayama and Wagenhaar Tests.
They are designed to show the presence of hemoglobin in a suspected bloodstain by the
appearance of specific crystals observed under a microscope.

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 1. Teichmann or Haemin Crystal Test –DARK BROWN RHOMBIC CRYSTALS OF
HAEMIN OR HAEMATIN CHLORIDE (arranged singly or in clusters).
2. Takayama or Haemochromogen Crystal Test – LARGE RHOMBIC CRYSTALS OF A
SALMON-PINK COLOR (arranged in clusters, sheaves and other forms appear within
one to six minutes).

3. Wagenhaar Test or Acetone-Haematin – Small dark, circular crystals

4. Spectroscopic Examination – Most delicate and reliable test for presence of blood in
both old and recent stains. Uses MICROSPECTROSCOPE: a direct vision spectroscope
that fits into the microscope tube in place of the eyepiece. Positive result:
OXYHAEMOGLOBIN for recent blood stain; METHAEMOGLOBIN (a converted
oxyhaemoglobin owing to exposure to air and light) in old blood stains.

5. If the stain is that of blood, is it human or animal?

D. - Precipitin Test (human antiserum) – The formation of gray precipitation ring at the
interface of the two layers within 20 minutes indicates that the stain is human blood.

E. If the stain is of human blood, did it come from the victim, the accused or from other
persons?

This is determined by blood grouping. A-B-O system, which was discovered by Karl
Landsteiner in early 1900s, was the first system of blood grouping.

Summary of the Common Blood

Group System
Other Bodily Fluids

It has been found that some individuals secrete in their fluids – such as: semen, saliva, urine
and vaginal fluids and substances, corresponding to their blood groups. Therefore, it is possible to
determine the ABO blood group of suspected stains of body fluids from the secretors.

SEMEN

Semen refers to the fluid produced by the male sex organ. It is usually white to yellowish in
color, consisting of 2 parts: the seminal plasma or fluid, and the spermatozoa or sperm cells.
There are usually 70,000,000 to 150,000,000 sperm cells per milliliter of semen.

The sperm cells, as seen under a microscope, consist of a head, a neck and a tail approx.
10 X as long as the head. During deterioration the bacteria attacks first the tail, making
identification difficult.

The seminal fluid contains certain substances called flavins which help give a yellowish color
to semen and cause it to fluoresce under ultra-violet lights.

Examination of Semen

A. Wet Specimen

Normally, suspected semen may be found undried having the alkaline odor characteristics for
seminal fluid. In this condition, examination is relatively simple. A drop of fluid (of semen) is paced on
a glass slide, and then a drop of distilled water is added. A cover slip is placed over the preparation.
The specimen is examined under a high power microscope to determine the presence of sperm cells.

B. Dried Specimen
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 1. Physical Examination

A general visual examination for grayish-white or yellowish stain is first made. When dry,
semen imparts a starchy stiffness to cloth. When inspected under UV light, seminal stain fluoresces.
However, this fluorescence is not specific for semen only but may be observed from other materials.

2. Chemical Examination

There are 3 chemical tests that can be used for seminal stains. They are the following:

Florence Test – Dark-brown crystals, rhombic or needle-shaped.

Barberio’s Test – Slender yellow-tinted rhomboid needles with obtuse angles. Acid

Phosphate Test – Orange-red pigment.

The first 2 are based on the formation of characteristic crystals that are observed under the
microscope. Acid phosphatase is an enzyme found in both animal and plant cells, but in large
concentrations in human semen. REAGENT: Sodium alphanaphthylphosphate and fast blue B dye.

3. Microscopic Examination

The only specific test for semen is the identification of a sperm cell under a microscope. There are
many factors which may affect the detection of sperm cells, making this method difficult. Some of
these are nature of cloth in which the suspected stain is found, age of stain, condition to which the
stain was exposed and handling of the specimen.

The presence of sperm cells proves that the stain is of semen. However, with the absence of
sperm cells it cannot be concluded that the stain is not of seminal origin. These are some conditions
which may lead to non-detection of semen, like ASPERMIA, disorder produced by male organ which
produces semen without sperm cells and OLIGOSPERMIA, a semen with a very few sperm cells.

GUNPOWDER & EXPLOSIVES

I. Introduction
In the investigation of crimes involving the use of firearms, law enforcement officers need to
know whether a suspect has fired a gun or not and the gunshot range or the approx. distance of the
shooter to victim. When a firearm is discharged unburned particles of the gunpowder may escape thru
the breech of the gun and deposit on the hands of the shooter, on the clothing of the victim and some
may remain in the barrel. These gunpowder residues can be detected by chemical examination.

In connection with suspected bombings the lab is requested to detect traces of explosives
that may be found in remains of parts of a bomb. Explosives like improvised and manufactured
dynamites used in illegal fishing, are also examined.

II. Description of Gunpowder and Other Explosives

A. Gunpowder
1. Black powder – first invented; consist of a mixture of carbon (charcoal) 15%,
sulfur 10%, & potassium or sodium nitrate 75%.; and

2. Smokeless – which can be either single based; consisting of nitrocellulose and

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 nitroglycerine (glycerol nitrate). Certain inorganic and organic compounds are
added as stabilizers.

B. Types of Explosives

1. Mechanical – such as those caused by expansion of gas producing high

pressure beyond capacity of the container.

2. Atomic – resulting from atomic transformations.

3. Chemical – produced thru the extremely rapid transformations of the

unstable substances accompanied by the formation of heat.

C. Classification of Explosives

The speed of the chemical reaction or detonation of the explosives determines the
classification of explosives as low, initiating or high explosives.

1. LOW explosives are low burning and are used mainly as propellants, like black
powder and smokeless powder. Atomic – resulting from atomic
transformations.

2. PRIMARY or INITIATING explosives are extremely sensitive to detonation by

heat, shock friction and impact. They detonate without burning, like lead
oxide and mercury fulminate.

3. HIGH explosives detonate under the influence of shock of the explosion of a

primary explosive.

4. Ammonium nitrate – the cheapest and most readily available salt of nitric
acid.

5. TNT (trinitrotoluene) – the most widely used explosive.

6. Nitroglycerine – most widely used commercial explosive.

7. RDX – considered as one of the most important military explosive used today.

8. C4 – a plastic explosive which is white and dough like in texture.

9. Chloroacetophenone – CN is the principal component in the filler used in tear

gas solutions.

10. Fire Bombs – Molotov cocktail which is an incendiary device, acids mixed with
gasoline, alcohol and gasoline, etc.

C. Distance Determination
The process of determining the distance between the firearm and a target, usually based
on the distribution of powder patterns or the spread of a shot pattern.

Three Zones of Distance:

a. Those in which the muzzle of the gun was held directly in contact with the
body or practically so. (CONTACT WOUNDS).
b. Those in which the muzzle of the gun was held from about 2 inches to 36
inches away.
c. Those in which the muzzle of the gun was held from 36 inches or more.
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CONTACT WOUNDS – Damage (on cloth) is due more to the flame and the muzzle blast than to the
penetration of the bullet.

a. Gaping hole where fabric is badly torn,

b. Blackened area surrounding the bullet hole,

c. Singeing of the fibers at the entrance, and

d. Presence of partially burned powder residues around the entrance hole.

Distance of 2 to 36 Inches:

Smudging and powder tattooing – when the gun is held from about 2 inches to a maximum of 8
inches. Smoke & soot is deposited around the hole of entrance producing a dirty, grimy appearance.
Individual specks of tattooing around the hole are visible with the naked eye.
Distance of 36 Inches: partially burned and unburned powder particles are driven into the surface
around the gunshot hole producing a black coarsely peppered pattern called tattooing.

Indication of Suicide or Homicide – The kick of the gun causes the smudge and powder
tattooing to be deposited more on one side of the hole than on the other, and the side of the greatest
deposit indicates the side on which the sights of the gun were mounted.

Distance of More than 36 Inches – powder tattooing is seldom seen. Nitrate particles may be
present.

PARAFFIN-DIPHENYLAMINE TEST

To determine whether a person has fired a gun, the paraffin-diphenylamine test is used.
The basis of this test is the presence of nitrates in the gunpowder residue. Warm melted- paraffin
wax applied on the hands of the shooter will cause the pores of the skin to open and exude the
particles of the gunpowder residue. These particles are collected by the paraffin cast and will appear
as BLUE SPECKS, when the diphenylamine reagent is added on the cast. The specks are generally
located on the area of the thumb and forefingers.

The blue colors that appear indicate the reaction of the nitrates with diphenylamine reagent.
Thus nitrate from other sources like fertilizers, will give the same reaction. Other substances similar to
nitrates known as oxidizers will also react with the reagent in the same way. Thus, the location,
distribution and character of the specks are considered to eliminate the other possible sources of
oxidizers.

The FBI employed Neutron-Activation Analysis which is a more specific test. This
requires access to a nuclear reactor and facilities for detecting the radiation.

NOTE: The result of this test is not conclusive because it does not always show that nitrates
or nitrites were necessary results of discharge of firearms. Other substances yield the same positive
reaction for nitrates or nitrites, such as explosives, fireworks, pharmaceuticals, and leguminous
plants such as peas, beans, and alfalfa. (People v. Baconguis, 417 SCRA 66, December 2, 2003)

HAIR IDENTIFICATION
1. Hair – An appendage of the skin which occurs everywhere on the human body except on the
palms of the hand and soles of feet. Generally long & stiff. Consists of ROOT, SHAFT & TIP.

2. Cuticle – the outmost covering and consists of one layer of non-nucleated polygonal cells
which overlap like the scales of a fish; the free edges of the cells are directed toward the distal

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 end of the hair.

3. Cortex – the intermediate and the thickest layer of the shaft, and is composed of
elongated, spindle-shaped fibrils which cohere; they contain pigment granules in varying
proportions depending on a type of the hair.

4. Medulla – the central canal of the hair; it may be empty or may contain various sorts of cells,
more or less pigmented.

5. Continuous Medulla – found in a large number of animals

6. Interrupted Medulla – very often in humans, monkeys, and horses.

7. Micrometer – an instrument attached to microscope and is used to measure the

diameter of the hair.

8. Medullary Index - the ratio of the size of the medulla to the diameter of a shaft.

9. Fuzz – Generally short, fine and at times curly and wooly.

FIBER IDENTIFICATION

Types of Fibers

a. Animal – A number of fibers are derived from animal product, the most important being wool,
silk, camel’s hair and fur.

b. Vegetable – This class includes most of the inexpensive clothing fibers, like cotton, linen, jute,
hemp, ramie and sisal.

c. Mineral and Synthetics – First provide useful fibers like glass wool and asbestos which is used
for safe insulation, while the latter is applied chemistry which produced a number of fibers like
rayon, nylon, orlon and Dacron.

1. Cotton Fibers – Flattened, twisted fibers with thickened edges. Irregularly granulated cuticle.
No transverse markings. Fibers show spiral twist. Fibers swell in a solution of copper
sulphate and sodium carbonate dissolved in ammonia. It is insoluble in strong sodium
hydroxide but soluble in strong sulfuric acid and partially dissolved in hot strong
hydrochloric acid.

2. Flax Fibers – Apex tapering to fine point. Transverse sections are polygonal and show a small
cavity. The fibers consist of cellulose and give blue or bluish-red color when treated with a
weak solution of potassium iodide saturated in iodine and sulfuric acid. The fibers which
show transverse lines and are usually seen in group formation, dissolve in a solution
composed of copper sulphate and sodium carbonate in ammonia.

3. Hemp Fibers – Fibers show transverse lines and consist of cellulose. Large oval cavities are
seen in transverse sections. The end is usually blunt, and there is often a tuft of hair at the
knots. Stains are bluish-red with phloroglucin, and yellow with both aniline sulphate and weak
solution of potassium iodide saturated in iodine with sulfuric acid.
4. Jute Fibers – Are quite smooth without either longitudinal or transverse markings. The fibers
have typical large cavities which are not uniform but vary with the degree of contraction of the
walls of the fibers which are lignified. The ends are blunt. The fibers are stained red with
aniline sulphate, also with iodine and sulfuric acid.

5. Wool Fibers – These fibers can easily be distinguished from vegetable fibers since the former

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 show an outer layer of flattened cells and imbricated margins. The interiors are composed of
fibrous tissues but sometimes the medulla is present. They do not dissolve in a solution
composed of copper sulphate, sodium carbonate and ammonia. Stain is yellow with iodine
and sulfuric acid and also with picric acid. Do not dissolve in sulfuric acid. Smell of singeing on
burning.

6. Silk Fibers – Manufactured silk is almost structureless, microscopically. Fiber’s stain is brown
with iodine and sulfuric acid and yellow with picric acid. They dissolve slowly in a mixture of
copper sulphate, sodium carbonate and ammonia.

7. Linen Fibers – Fibers are straight and tapering to a point. Cortical area shows transverse lines
which frequently intersects, simulating a jointed appearance. The medullary region shows a
thin dense line. They do not dissolve in concentrated sulfuric acid. If placed in 1% alcoholic
solution of fuchsin and then in a solution of ammonium hydroxide, they assume a bright red
color.

VEGETABLE VS. ANIMAL FIBERS

EXAMINATION OF PAPER

Objectives of Comparison with Paper Standards:

a. To determine whether the standard is similar to the paper bearing the questioned writing.

b. To determine whether a sheet of paper was taken from a particular pad or tablet.

c. To show that one document was in contact with another.

Standards for Comparison

At least five sheets should be submitted for comparison. Each sheet should be identified by
writing appropriate case information on the back. In addition there should be included any appropriate
information concerning the circumstances surrounding the discovery or location of the sheets.
Examination by Lab

a. Physical Test – The following physical characteristics serve to differentiate paper: thickness,
measurement of length and width; weight per unit area; color; finish such as bond, laid,
smooth or glossy; opacity, capacity of the paper for the transmission of light; folding
endurance as determined by instrumentality by the number of alternate folds the paper will
stand before breaking; bursting strength as determined by the measurement of the pressure
necessary to burst a hole in a sheet of the paper; accelerated aging test performed by means
of high temperatures or strong artificial light.

b. Chemical Test – Chemical test may be conducted to determine the fiber composition,
loading materials, and sizing used in the manufacture of the paper. The use of the chemical
test causes a small change or alteration in the document; hence, extensive
testing may consume a part of the evidence, and the investigator should indicate to the
expert the degree to which the testing may be carried.
1. Sizing Test

By the use of the few drops of chemical reagent, the sizing of two different specimens of
paper can be compared. A small perceptible stain results from these tests.

1. Loading Materials

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 The test is performed by burning and ashing the greater part of an ordinary sheet of paper,
then analyzing the ash. Obviously, where only a limited sample of evidence is available, this test is
not recommended.

1. Fiber Composition

Chemical reagents are applied to small sections of the paper in order to determine the nature
of constituents of fibers.

1. Absorption

Strips of the paper are suspended in liquids to determine either the rate of absorption or the total
absorption of the paper.

a. Watermark – The chief characteristics indicating the source or origin of paper is

watermark. It is distinctive mark or design placed in the paper at the time of its
manufacture by passing the paper under a “DANDY ROLL”. Several designs are present
on the dandy roll, similar to each other, but bearing individual characteristics,
particularly if the roll has been subjected to wear or damage. By examining the
watermarks, the examiner is able to identify the paper as to the product of a particular
manufacturer.

THE INKS AND APPROXIMATE AGE OF DOCUMENTS

Types of Inks
a. Iron Gallotannate Ink – This type of ink has long been used for entries in record books and for
business purposes in general. Iron gallotannate or nutgall inks are true solutions and not merely
suspensions of solid coloring matter in liquid form. Hence, the ink is capable of penetration
into the interstices of the fibers of the paper, thereby inscribing the writing in the body of the
paper and not on the surface alone, thus rendering its removal more difficult.

b. Logwood Inks – From the wood of the logwood tree, a natural coloring material (haemotoxylin)
is obtained by extraction with water. The color of logwood inks depends upon the inorganic salt
which is added; but, on drying and standing, they turn black. The addition of chromium salts will
yield the deepest black. At the present time logwood inks are practically obsolete, although
they are reported to be still in use in Germany.

c. Nigrosin Ink – This is a water solution of a synthetic black compound prepared from aniline
and nitrobenzene. This synthetic type of ink is usually referred to as Nigrosin Ink and Black
Aniline Ink. No new compound is formed by oxidation after this ink applied to the paper, so that
lines are merely deposited organic solids that were in solution before the ink dried. It should be
expected then, that water would affect this ink by re-dissolving the Nigrosin.

e. Ball Point Ink – Because of the differences in construction of ball point pens, a different type of
ink is required. In place of the fluid type ink, a thick pasty substance is used
which will be a suitable dye to the ball point but which will not flow readily. The permanency of
this ink is not known with any accuracy. It has been noted that many ball point inks have a
tendency to fade.

Comparison of Inks
To determine whether two documents were written with the same type of ink, various
physical and chemical methods are available. The inks are compared visually for color. The naked
eye, color filters, and infra-red photography usually reveal differences in color. A 5% solution of
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hydrochloric acid is the most generally used chemical reagent. The reagent may be applied with a
sharpened wooden toothpick to a small area of writing.

When hydrochloric acid is placed on iron nutgall ink, the color disappears and turns to light
blue; on logwood ink a red color develops; on Nigrosin or carbon ink there is no reaction. To
distinguish Nigrosin from carbon ink, a 10% solution of sodium hypochlorite is used. It should be
noted that these reactions sometimes take place over a period of hours. The investigator should test
inks only as a screening procedure where a number of suspected documents are available.

Age of Inks
It may be said, in general, that under ordinary circumstances it is practically impossible to
determine the age of inks. A limit can sometimes be placed to the age by the color matching with
standards to determine the degree of fading and by chemical reactions which depend on oxidation.

The chemical methods are not applicable to Nigrosine and carbon inks, which are not oxidized
after being deposited on the paper. In any case, age determination will depend on the composition of
the inks, its condition with respect to fluidity and impurities, the nature of the paper used in the
writing, and the conditions under which the paper was preserved.

GLASS FRACTURES

Definition and Composition of Glass

Glass is best described as a supercooled liquid which possesses high viscosity and,
hence, rigidity.

Glass is usually composed of oxides such as silica (SiO2), boric oxide (B2O3) and
phosphorus pentoxide (P2O5).
Types of Glass Fractures
a. Radial Fracture – primary fracture resembles the spokes of a wheel
radiating outward from the point of impact.

b. Concentric Fracture – secondary fracture having the appearance of circles

around the point of impact connecting one radiating crack to the other, thus
forming triangular pieces of glass.

From the study of these two types of fractures (impact) it is possible to derive the
following:

1. Point of Impact – The front of the glass can be determined due to the accumulation of dust
and dirt on the glass.
2. Direction of Impact – a bullet will make a clear cut hole in the side of the entrance rather
than on the exit side. If a shot is fired perpendicularly it will give a crater of
uniform cratings, or flakings. If the shot is fired at an angle from the right, the left exit side of
the glass will give more flakings and vice versa. Depression will be produced on the exit side
of the glass due to the rebound of the glass. Radial fracture can be felt on the exit side and
the concentric fracture on the entrance side.

3. Cause of Fracture – Fracture due to heat does not exhibit a definite pattern of radial and
concentric fractures but are characteristically wavy. They show very little stress lines, whereas
fractures due to mechanical means show a definite pattern of radial and concentric fractures.

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Determination of the First Shot from a Series of Shots
The radial fracture of the first bullet hole will end/stop the radial fractures of the
succeeding bullet holes.

Origin of Glass
Comparing fracture pattern is one method for instance in determining if glass fragments found
on a suspect’s clothing came from a window at the scene of a burglary. In the analysis of fracture
patterns the investigator must consider three dimensional aspects of the evidence. For example, a
headlight has a clearly pronounced curved inner surface that may match even if the outer surfaces are
broken.

The analysis of ream marks is related to fracture pattern comparison. Ream marks are
present, but not readily visible in drawn glass samples. These ream marks resemble tool marks
striations.

MOULAGE AND OTHER CASTING TECHNIQUES

Criteria of a Good Casting Material

1. Must be readily fluid or plastic when applied.

2. Must harden rapidly to a rigid mass

3. Must be deformable nor shrink

4. Must be tough

5. Must be easy to apply

6. Must have no tendency to adhere to the impression

7. Should have a fine even composition and surface

8. Should not injure the impression

9. Should be easily obtainable

10. Should be cheap

The commonly used casting material in the Philippines is plaster of paris. In the U.S., plaster
of paris is no longer used. Some of the materials used there are: MikrosilTM , Shoe Print Wax TM,
silicon, Bio-Foam®, etc., depending on the manufacturing company.

Some Techniques in Connection with the Used of Plaster of Paris

1. Hastening – add ½ teaspoonful of table salt to the plaster

2. Retarding – add 1 part of a saturated solution of borax to 10 parts of water to be used in

making the plaster. One teaspoonful of sugar may also be used.
3. Hardening – soak in sodium bicarbonate Cast of

Human Body

1. Negocoll – this is a rubbery gelatinous material made of colloidal and magnesium soaps.

2. Hominit – a flesh colored resinous substance used for making positives from negocoll
negatives.

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 3. Celerit – a brown colored substance used for backing and strengthening the hominit.

CHEMICAL DEVELOPMENT OF LATENT FINGERPRINTS

Classification of Crime Scene Prints:

1. Visible print – a print that results after a finger, which has previously touched
contaminants as blood, grease or ink touched a clean surface.

2. Plastic print – a print that results when a finger touches a plastic material such as wax, soap,
or dust, and creates a negative impression of its ridge pattern.

3. Invisible print – latent print

Locating visible or plastic prints at the crime scene normally presents little problem to the
investigator, because these prints are usually distinct and visible to the eye. Latent prints, on the other
hand, are difficult to locate. They can only be seen after the surface on which they are imprinted has
been treated with powders or chemicals.

In developing latent prints, the investigator is influenced by the kind of surface that is being
examined in choosing a developing method. For example, prints on porous evidence such as paper,
unfinished wood, cardboard, etc. are normally developed by treatment with a chemical. On the other
hand, prints on nonporous evidence such as plastic, glass, metal, foil, etc., are either developed by
powdering method or super glue fuming method.
1. Powdering Method – commonly used materials are black and gray powder.

2. Iodine Fuming – vapors of iodine are brown in color and differentially absorb into the debris
forming the print, causing the ridge detail to stand out.

3. Silver Nitrate – the process employs a 0.2 % solution of silver nitrate in distilled water that is
used to spray on or saturate the paper, producing silver chloride only in the ridge areas. The
paper is exposed to light, and the print turns black.

4. Ninhydrin – develops prints on porous surfaces in violet color.

5. Super Glue – develops prints on nonporous surfaces in white color.

METALLURGY AS APPLIED TO CRIME DETECTION

Definition:
1. Metallurgy – the art of extracting and working in metals by the application of chemical and
physical knowledge.

2. Metallography – the branch of metallurgy which involves the study of the

microstructures of metals and alloys.
Application of Metallurgy in Criminal Investigation
1. Robbery (with force upon things) – where entrance is by breaking doors with the use of
metallic tools. Traces of these tools can be examined under a metallographic microscope.

2. Hit and run cases

3. Bomb and explosion

4. Nail examination

5. Counterfeit coins
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 6. Restoration of serial numbers Restoration of

Serial Numbers: Principles Behind

When a number or any mark is stamped on metal, the crystalline structure of the metal in the
neighborhood of the stamp is disturbed. This disturbance penetrates to an appreciable distance into
the substance of the metal, but is not visible to the naked eye once the actual indentations caused by
the punch have been removed.

However, when etching fluids are applied to this surface, the disturbed or strained particles of the
metal differ in the rate of solubility than those of the undisturbed particles and this difference in
solubility makes it possible, in many cases, to restore the numbers to such an extent that they can be
read and photographed. In most cases, the criminal restamps the gun with new numbers after filing off
the old numbers. By the process of etching, it is found possible to render the original numbers visible.

1. Cast iron and cast steel – a 10% solution of sulfuric acid and potassium dichromate.

2. Wrought iron and forged irons and steels

a. Solution 1: Hydrochloric acid, 80 cc; water, 60 cc., copper chloride, 12.9 gm,
alcohol, 50 cc.
b. Solution 2: 15% nitric acid.

3. METHOD: Apply with a swab a little of the acid copper chloride solution (solution 1). Dry
with cotton and then apply solution 2. Alternate the swabbing until the numbers appear.

4. Aluminum – Glycerine, 30 cc., hydrofluoric acid, 20 cc., nitric acid, 10 cc. Due to the dangerous
nature of hydrofluoric acid, only experienced chemists should use the solution. An alternate
and safer formula is made as follows: Copper chloride, 200 gm., hydrocholoric acid, 5 cc., and
water 1000 cc. This reagent gives good results but almost as soon as it is applied, a copper
deposit is formed. The copper deposit must be removed as it forms by means of water.

5. Copper, brass, German silver, and other copper alloys – Ferric chloride, 19 gm, hydrochloric
acid, 6 cc., and water, 100 cc. Since the reagent is slow in its action, it is recommended that
“retaining wall” method should be employed. The reagent can remain for 24 hours.

6. Stainless steel – Use dilute sulfuric acid or 10% hydrochloric acid in alcohol.

7. Lead (Motor car batteries, etc.) – Glacial acetic acid, 3 parts, hydrogen peroxide, 1 part.

8. Zinc – 10% sodium hydroxide solution. The “retaining wall” method is recommended.
9. German silver – Ferric chloride syrupy solution, 25% concentrated hydrochloric acid, 25%,
and water 50%.
10. Tin – 10% hydrochloric acid.

11. Silver – Concentrated nitric acid solution.

12. Gold and platinum – Aqua regia.

13. Wood – Erased numbers and figures on wood can also be treated and excellent results have
been obtained by subjecting the suspected areas to a jet of steam. Liquid that is SYRUPY is
sweet or thick like syrup; a SYRUPY quality of behavior is sentimental in an irritating way.

PETROGRAPHY AS APPLIED TO CRIME DETECTION

Petrography is that branch of geology which deals with the systematic classification and
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identification of rocks, rock forming minerals, and soils. This definition has been construed to cover
not only the study of soils and other mineral substances, but also dust and dirt, safe insulations,
ceramics, and other such materials, both natural and artificial.

Soil
Soil as evidence has been overlooked by most investigators probably because it is such a
commonplace substance is more or less taken fro granted. Researchers have shown that soils are
greatly diversified and vary considerably over the surface of the earth, not only from widely separated
points but also from points quite close together.

1. Alluvial Soil – its particles may be derived from almost infinite number of sources, and since
the action of water and wind would in a few cases be identical over long periods of time in
different spots, great variations in composition would be expected.

2. Colluvial Soil – soil in which some movement and intermingling of parts has occurred would
be expected to be less variable.

3. Sedentary Soil – least variable

Constituents of Soil
a. Primary Minerals – undecomposed rock fragments ranging from stones down thru
pebbles, sand, and silt.

b. Clay Minerals – may be found in nearly all soils and is the major constituent of most heavy
soils. It imparts to a soil cohesiveness and plasticity, and becomes hard and adherent on
heating.

c. Organic Constituents – organic matter is one of the most variable of all soil constituents and
is of peculiar importance in the identification of soils.

Dust and Dirt

Dust and dirt has been described as “matter in the wrong place”.

Classification of Dust
1. Dust deposited from the air

2. Road and footpath dusts

3. Industrial Dusts
4. Occupational Dusts

ARSON

The Technical Aspect of Arson Cases

A. Burning or combustion is the rapid oxidation of substances accompanied by the generations
of heat and light. Burning occurs only when three essential ingredients are present: FUEL,
OXYGEN & HEAT. Obviously, to create a fire three must be present combustible materials. It
may be solid, liquid or gas. Strictly speaking, only gases burn. The solids and liquids must be
heated to liberate flammable gases. The gases in turn must be raised to the proper
temperature of the fuel to the kindling point. Finally, there must be a supply of oxygen since
burning is a process of oxidation. Oxygen may be supplied from the air or from oxidizing
agents.

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 B. Without fuel; the elimination or exclusion of oxygen; or when the heat is sufficiently low enough
is not capable of maintaining the process of combustion; burning will be extinguished.

The Triangle of Fire

Fuel, heat and oxygen are known as the fire triangle. All three must be present in order for them
to produce fire. Solids and liquids do not burn, only gases burn. It is heat that converts solids and
liquids to flammable gases. In the case of gasoline and other volatile liquids, the surface of the liquid is
constantly liberating flammable gases. It is only these gases that burn.

NOTE: For burning to continue, there must be the fourth element, i.e., uninhibited chain reaction.

Other Factors Involved in Burning

a. When a combustible material ignites, combustion continues only as long as the heat remains
above the ignition temperature. The heat may com from external source or more commonly
from the burning material. The temperature at which the ignition takes place depends on the
materials and the length of time that it is exposed to a temperature higher than the normal
temperature of material. While phosphorous ignites when exposed to air at normal room
temperature, most combustible ignites within a short time when exposed to temperature of
400oF to 750oF. Wood must be heated rapidly to 750oF before it ignites; when exposed to
temperature of 350oF to 400oF for a period of 30 minutes, however, wood produces gases that
are easily ignited when sufficient oxygen is present.
b. Many Oxidizing agents are employed in industry and agriculture. For example, concentrated
nitric acid is used commonly throughout the country and can cause combustion when it
contacts with a sawdust or wood shavings. Potassium permanganate, common oxidizer used
in the laboratories and in compounding medicine and other formulae is harmless, however,
when it comes in contact with glycerin, a reaction occurs that may cause combustion.
Potassium nitrate (saltpeter), the oxidizer in black powder, is harmless unless heated; a violent
reaction occurs if heat is present. Ordinary gasoline may be solidified by the addition of
aluminum stanate.

Propagation of Burning
A. CONDUCTION – the transmission of heat thru a medium. Heat that is conducted is
transferred from molecule to molecule. For example, heat applied to one end of an iron rod
spread throughout the entire rod iron. In a similar manner, walls and floors may
conduct heat from a burning portion of a building to other portion and help escalate the fire.

B. CONVECTION – a diffusion of heat through a fluid (gas or liquid) by means of the flow
of the hotter parts of the fluid to the colder parts. For example, a fire in a corner of a
room will heat the air directly around it. The heated air being lighter than the cooled air,
will rise to the ceiling; the displaced cooler air will take the place of the heated air. As
this process continues, the heat from the fire will be facilitated.

C. RADIATION – the process by which heat is transferred in straight lines from a source to
a receiving materials without heating the intervening medium. For example, the earth
received its heat from the sun by means of radiation from a burning building to a
neighboring building, which may set a fire or search by the intensity of the transferred
heat. The amount of heat transferred by radiation depends on the intensity of the
transferred heat, or intensity of the burning, the distance between the burning and
receiving surface, and the angle at which the radiated heat strikes the receiving surface,
and the presence or absence of any obstruction to the straight lines of radiation.
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Causes of Fire

A fire may originate intentionally or accidentally. One method of proving arson is to eliminate
systematically the possibility of accident. An accidental fire may arise from the working of certain
forces of nature or from negligence in the use of equipment and materials. Natural causes of fires
are:

1. Sun rays focused by bubbles in window panes, shaving mirrors by some other peculiarly shaped
glass article which may serve as convex lens.

2. Lightning. Lightning usually strikes a high point of the building and may be traced in path to the
ground. Traces of lightning are melting of metal parts of the building, streaked paint with
burned areas, cracks in the walls, broken bricks and soot driven into rooms from chimney.

Additional Information to Be Obtained Thru Observation of the Colors of Smokes/Fumes and Odor
Evolved:
1. White Smoke – indicates burning of humid materials

2. Black smoke accompanied by large flame – indicates petroleum products or rubber

3. Reddish Brown Smoke – presence of nitrocellulose sulfur, sulfuric acid, nitric acid,
hydrochloric acid

4. Red Flame – presence of petroleum

5. Blue Flame – presence of alcohol, aldehyde or ketone

6. Biting Smoke – irritating to nose and caused coughing indicate presence of chlorine.

7. Garlic Odor Smoke – presence of phosphorus

Lab Test Performed on Specimen Submitted

a. Preliminary Test – ashes or debris suspected to contain inflammable substance is placed on a
wide mouth test tube/glass with fitted rubber stopper and heated, fumes evolved is tested with
SUDAN or RHODOKRIT powder.
b. If positive result is obtained from the above-mentioned test, said sample is subjected to steam
distillation. Steam distillate obtained is injected into the GAS CHROMATORGRAPH to identify
the accelerant used. Similar instrumental analysis conducted on liquid samples/substances
gathered from the crime scene. GAS CHROMATOGRAPH is a highly sophisticated laboratory
instrument used in the identification of gases/accelerant.

c. Spectrographic analysis using QUARTZ SPECTROGRAPH – is conducted in cases wherein

foreign metals are recovered on the scene of the incident.

DRUGS

B. Confirmatory Tests

There are several methods available to the chemist to confirm the results of the preliminary
tests. A technique much more specific than the color tests is microcrystalline examination. A small
amount of the drug is dissolved in a few drops of a solvent on a slide. Then a reagent is added,
forming crystals characteristic of the drug. This is observed under the microscope.

The UV and IR spectrophotometers and the gas chromatograph can also be used for
positive identification of the drugs.

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 Another method employed is thin layer chromatography (TLC) which is rapid, sensitive, easy to
sue and inexpensive.

SCIENTIFIC NAME OF CERTAIN DRUGS

Cocaine – Benzol Methyl Ecgonine

Coca Plant – Erythroxylon Coca Lamarch

Marijuana – Cannabis Sativa L.

Opium – Papaver Somniferum

Shabu – Methamphetamine Hydrochloride Ecstasy –

Methylenedioxymethamphetamine TOXICOLOGY

Toxicology - science of poisons: the scientific study of poisons, especially their effects on the body
and their antidotes
Poison – anything other than physical agencies which is capable of destroying life, either by
chemical action on the tissues of the living body, or by physiological action by absorption into the
living system.

Site of Action of Poison

1. Local Action – The poison may act on the skin or on the mucous membrane or on any part
of body where it is applied.

Example: Sulfuric acid

2. Remote Action – The poison may act remotely in any of the following ways:

a. By production of shock. Ex. Poisoning by strong acid.

b. By absorption into the blood and being carried to the organs they effect. Ex.
Morphine is absorbed by the blood and carried to the brain and depresses it.
a. By transmission through the nerves of local parts affected going to the nerve centers and then
reflected to the organs on which they act.

Site of Remote Actions of the Different Poisons are:

a. On the Brain: Narcotics, alcohols, cerebral stimulants like caffeine.

b. On the Cord: Strychnine (Poisonous plant product: a bitter white poisonous alkaloid
obtained from nux vomica and related plants, used as a poison for rodents and medicinally
as a stimulant for the central nervous system. Formula: C21H22N2O2 )

c. On the Peripheral Nerves: Curare (plant resin causing paralysis: a dark resin obtained from
certain South American plants, used by indigenous hunters to poison their arrows and in
medicine as a muscle relaxant)

d. On the Alimentary Tract: Corrosives

e. On the Kidneys: Cantharides (insects European beetle: a green European blister beetle, used
as a source of the stimulant and irritant cantharides. Latin name: Lytta esicatoriaCantharis
vesicatoria Also called cantharis drugs toxic preparation used as aphrodisiac: a toxic
preparation made from the crushed dried bodies of the Spanish fly, used in the past as an
aphrodisiac and to treat skin blisters)
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 f. On the Salivary Glands: Mercury
g. On the Liver: Phosphorus

h. On the Mucous Membrane: Arsenic

i. On the Heart: Digitalis

j. On the Blood Vessels: Ergot (fungus attacking cereals: a disease of cereals caused by a
parasitic fungus that grows in dense black masses (sclerotia) in the grains of the ear. Latin
name: Claviceps purpurea. Also called black bread mold. Fungal bodies used in medicine: the
dried sclerotia of an ergot fungus that yield substances used in drugs to treat migraine and to
induce uterine contractions in childbirth), Nitrites

k. On the Blood Cells: Snake venom

l. Both Local and Remote: The poison may act at the site of application and in some distant
place. Ex. Carbolic acid is an irritant to the alimentary tract and also toxic when absorbed.

Circumstances Affecting Action of Poison

1. Method of Administration: Poisons may enter the body in the following ways:

a. Orally – Except irritants and corrosives, poisons must be digested or absorbed in the
gastric or intestinal mucosa before producing effect.

b. Hypodermically – Poison reaches the blood stream without passing the digestive organs. This
method is only available for such substances that are soluble in the lymph and tissue juices.

c. Intramuscularly – Absorption is faster than in the hypodermic method.

d. Endodermically – The poison may be rubbed into and absorbed through the skin.

e. By Rectum, Vagina or Bladder – Absorption through the rectum is about twice as much as
absorption through the mouth.
f. By the Lungs – Poison through this route may be made of a substance which can be
transformed to gaseous state.
2. Idiosyncrasy: Some persons posses sensitivity to certain foods or drugs. The most
common drugs are potassium iodide, arsenical preparations, aspirin and the sulfas.
As to foods, the most common are fish, shrimps, eggs and oysters.

3. Age: There are substances which are considered poison for babies but
wholesome for adults, while the opposite is true for other substances.

4. Habit: The body may acquire tolerance to some drugs. Habit diminishes the effect of
certain poisons. Tobacco, alcohol, opium, barbiturates, arsenic are good examples of
this.

5. Dose: The effect of drugs and poisons in the body is usually proportional to the dose
taken. Ex. Alcohol, when taken in small dose, stimulates body reflexes and tone, while
large amount depressed the whole body.

Fatal Dose: This is the smallest dose known to cause death: not the smallest amount
which will certainly cause death.

Treatment of Patient Suffering from Acute Poisoning

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 1. Evacuation of the Stomach:

a. A long rubber tube is introduced to the mouth and allowed to reach the stomach. Fluid
must first be introduced into the stomach to prevent the tube to come in close contact
with its wall. Fluid is withdrawn and introduced until traces of the poison are removed.
The procedure is contra-indicated in poisoning by corrosives on account of the danger
of tear or laceration of the stomach wall.

b. Administration of Emetics - causing vomiting: causing a person or animal to vomit

(Microsoft® Encarta® Reference Library 2004. © 1993-2003 Microsoft Corporation.)

c. Neutralization of the Poison that Remains in the Stomach

d. Application of Physiological Antidotes - substance that counteracts poison: a
substance that counteracts the effect of a poison or toxin. (Microsoft® Encarta®
Reference Library 2004. © 1993-2003 Microsoft Corporation)

e. Keep the Patient Alive by General Measures, While His Organs of Elimination Are
Getting Rid of the Poison. Treat Any Urgent and Dangerous Symptoms.
f. Eliminating the Poison: The elimination of the poison is aided by purgatives,
sudorifics, and diuretics. Sweating may be encouraged by hot bath, warm packing,
and injection with apomorphine.

SUDORIFICS - causing production of sweat: causing the production of sweat.

DIURETICS - causing increased urine output: causing increased flow of urine.

Classification of Poison

The Forensic Chemistry Division of the NBI made the following classification based on the
Chemical Standpoint:

Gaseous Poisons (Poisons Present in the Gaseous State):

1. Carbon dioxide

2. Carbon monoxide

3. Hydrocarbons

4. Hydrogen sulfide

5. Sulfur dioxide

6. Oxides of nitrogen (Nitrous oxide, Nitric acid and Nitrogen dioxide)

7. War gases

Organic Poisons:

1. Volatile Poisons (Volatile liquids or easily sublimated solids many of which

are irritants; their chief action occurs after absorption):

a. Alepathic Compounds: Methyl alcohol; Ehtyl alcohol; Fuel oil; Amyl

alcohol; Tertiary or Dimethyl carbinol; acetaldehyde; Paraldehyde;
Methyl chloride; Methyl bromide; Tribromoethanol; Ethyl chloride; Ethyl
bromide; Ether; Chloroform; Bromoform; Chloral hydrate; Carbon
tetrachloride; Tetrachlorethane; Amyl nitrite; Nitroglycerin; Carbon

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 bisulfide; Hydrocyanic acid and the cyanides; Paraffin hydrocarbons.

b. Atomic compounds: Benzene series; Essential oil

Non-Alkaloidal Poisons (A conglomerate collection of other organic toxic substances, non- volatile
and non-alkaloidal):
a. Hypnotics: Alepathic series; aromatic series.

b. Aromatic Compounds: Naphthol; Salicylic acid; Picric acid; Dinitrophenol;

Trinitrotoluene; Acetanilid; Antipyrine; Atophan; and the Cinchopen group.

c. Glucosides: Digitalis, Strophanthus; Olenader; Hellebore; Gossypium; Locust; Scilla;

Cannabis indica.

d. Organic Purgatives: Purgative oils; anthracene group; Jalap; purgatives.

e. Essentials Oils: Aspidium; Abortifacients; Oil of Chenopodium; Apiol; Affion; Turpentine.

f. Picrotoxin Group: Picrotoxin; Water of hemlock.

g. Miscellaneous Group: Taxus; Sparteine; Abrus; Laburum; Larkspur; Health family; Sntonin;
Cantharides.

Miscellaneous Poisons: (Associated with botulism; food poisoning; mushroom poisoning; snake
venom poisoning).
1. Food Poisoning: Toxic substances in the food; abnormal hypersensitivity to
normal constituents of food.

2. Poisonous Plants.

3. Poisonous Animals and Their Poisons: Arachnids; Centipedes; Insects;

Caterpillars; Vertebrates.

4. Biological Products.
5. Ground Glass.

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 Important Laws
Act No. 3815
Revised Penal Code of the Philippines

Republic Act No. 9165

Comprehensive Dangerous Drugs Act of 2002

Republic Act No. 9160

Anti-Money Laundering Law of 2001

Republic Act No. 9194

An Act Amending Republic Act No. 9160, Otherwise Known as the "Anti-Money
Laundering Law of 2001"

The Rules and Regulations Implementing the Anti-Money Laundering Act of 2001
REPUBLIC ACT NO. 9160.

Republic Act No. 8505

Rape Victim Assistance and Protection Act of 1998

Republic Act No. 8368

The Anti-Squatting Law Repeal Act of 1997

Republic Act No. 8353 Anti-

Rape Law

Republic Act No. 8294

An Act Amending the Provisions of P. D. No. 1866, Entitled "Codifying the Laws on
Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Dispostion of
Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of
Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof, and for Relevant Purposes"

Republic Act No. 8177

An Act Designating Death by Lethal Injection as the Method of Carrying Out Capital
Punishment, Amending for the Purpose Article 81 of the Revised Penal Code, As
Amended by Section 24 of Republic Act No. 7659

Republic Act No. 8049 Anti-

Hazing Law

Republic Act No. 7890

An Act Amendig Article 286, Section Three, Chapter Two, Title Nine of Act No. 3815, As
Amended, Otherwise Known as the Revised Penal Code

Republic Act No. 7832

Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994
318
Republic Act No. 7659 Death
Penalty Law

Republic Act No. 7438

An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers,
and Providing Penalties for Violations Thereof

Republic Act No. 7636

An Act Repealing Republic Act Numbered One Thousand Seven Hundred, As Amended,
Otherwise Known as the Anti-Subversion Act.

Republic Act No. 7309

An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes

Republic Act No. 6981

Witness Protection, Security and Benefit Act

Republic Act No. 6968

An Act Punishing the Crime of Coup d' Etat by Amending Articles 134, 135 and 136 of
Chapter One, Title Three of Act Numbered Thirty-Eight Hundred and Fifteen, Otherwise
Known as the Revised Penal Code, and for Other Purposes.

Republic Act No. 6425

The Dangerous Drugs Act of 1972

Republic Act No. 1700 Anti-

Subversion Act
An Act to Outlaw the Communist Party of the Philippines and Similar Associations,
Penalizing Membership Therein, and for Other Purposes.
(Repealed by Republic Act No. 7636)

Presidential Decree No. 2018

Further Amending Articles 38 and 39 of the Labor Code by Making Illegal Recruitment a
Crime of Economic Sabotage and Punishable With Life Imprisonment.

Presidential Decree No. 1996

Further Amending Presidential Decree No. 1834, As Amended.
(Repealed by Executive Order No. 187, Series of 1987)

Presidential Decree No. 1990

Amending Presidential Decree No. 968, Otherwise Known as the Probation Law of 1976.

Presidential Decree No. 1975 Amending

Presidential Decree No. 1835
(Repealed by Executive Order No. 167, Series of 1987)

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Presidential Decree No. 1974 Amending
Presidential Decree No. 1834
(Repealed by Executive Order No. 187, Series of 1987)

Presidential Decree No. 1875

Repealing Presidential Decree No. 1737, Otherwise Known as an Act Providing for the
Preservation of Public Order and the Protection of Individual Rights and Liberties During
Periods of Emergency and Exercise of Extra-Ordinary Executive Powers.

Presidential Decree No. 1835 Anti-

Subversion Law of 1981
Codifying the Various Laws on Anti-Subversion and Increasing the Penalties for
Membership in Subversive Organizations.
(Repealed by Executive Order No. 167, Series of 1987)

Presidential Decree No. 1834

Increasing the Penalties for the Crime of Rebellion, Sedition, and Related Crimes, and
Amending for This Purpose Articles 135, 136, 140, 141, 142, 143, 144, 146 and 147 of th
Revised Penal Code and Adding Section 142-B Thereto.
(Repealed by Executive Order No. 187, Series of 1987)

Presidential Decree No. 1829

Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.

Presidential Decree No. 1745

Providing for the Disposition of Cases Involving Simple Illegal Possession of Firearm,
Ammunition, or Explosive, the Surrender of Such Contraband Under Certain Guarantees and
Conditions, and for Other Purposes.

Presidential Decree No. 1744

Amending Article Three Hundred and Twenty of the Revised Penal Code Provisions on
Arson.

Presidential Decree No. 1743

Amending Presidential Decree No. 1110-A Penalizing Any Attempt on, or Conspiracy
Against, the Life of the Chief Executive of the Republic of the Philippines, Any Member of
His Cabinet or Their Families.

Presidential Decree No. 1737

An Act Providing for the Preservation of Public Order and the Protection of Individual
Rights and Liberties During Periods of Emergency and Exercise of Extraordinary
Executive Powers.

Presidential Decree No. 1736

Amending Presidential Decree Numbered Eight Hundred Eighty-Five, Otherwise Known as
the Revised Anti-Subversion Law, As Amended.

Presidential Decree No. 1735

Imposing Additional Penalties for Rebellion, Insurrection, Sedition and Subversion
Committed Within or Outside Philippine Territory.
320
(Repealed by Executive Order No. 187, Series of 1987)

Presidential Decree No. 970

Amending Articles 138 and 142 of the Revised Penal Code and for Other Purposes.
(Repealed by Executive Order No. 187, Series of 1987)

Presidential Decree No. 969

Amending Certain Provisions of Presidential Decree No. 960 Which Amended Article 201
of the Revised Penal Code and for Other Purposes.

Presidential Decree No. 968 The

Probation Law of 1976
Establishing a Probation System, Appropriating Funds Therefor and for Other Purposes.

Presidential Decree No. 942

Amending the Provisions of the Revised Penal Code on Crimes Against Public Order.
(Repealed by Executive Order No. 187, Series of 1987)

Presidential Decree No. 885 Revised

Anti-Subversion Law
Outlawing Subversive Organizations, Penalizing Membership Therein and for Other
Purposes.

Presidential Decree No. 38

Amending Articles 135, 136, 137, 138, 140, 142, 177, 178 and 179 of the Revised Penal
Code.
(Repealed by Executive Order No. 187, Series of 1987)

Batas Pambansa Bilang 873

An Act Amending Article 152 of the Revised Penal Code by Considering Lawyers as
Persons in Authority When in the Performance of Their Duties or on the Occasion
Thereof.

Batas Pambansa Bilang 871

An Act Amending Articles Two Hundred Ten and Two Hundred Eleven of Act Numbered
Thirty-Eight and Fifteen, Otherwise Known as the Revised Penal Code, As Amended, to
Increase the Penalty for the Offense of Bribery.

Batas Pambansa Bilang 186

An Act Increasing the Penalty for White Slave Trade, Amending for the Purpose Article
341 of the Revised Penal Code.

Batas Pambansa Bilang 179

An Act Further Amending Certain Sections of Republic Act Numbered Sixty-Four
Hundred and Twenty-Five, Otherwise Known as the Dangerous Drugs Act of 1972,
Appropriating Funds Therefor, and for Other Purposes.

Batas Pambansa Bilang 92

An Act Modifying the Definition of the Crime of Corruption of Minors and Increasing the
321
Penalty Therefor, Amending for the Purpose Article Three Hundred Forty of the Revised
Penal Code.

Batas Pambansa Bilang 85

An Act Authorizing the Release of Any Offender or Accused Who Has Undergone
Preventive Imprisonment Equal to or More Than the Possible Maximum Imprisonment to
Which He May be Sentenced by Amending the Revised Penal Code.

Batas Pambansa Bilang 76

An Act Amending Presidential Decree Numbered Nine Hundred Sixty-Eight, as Amended,
Otherwise Known as the Probation Law of Nineteen Hundred and Seventy-Six, So as to
Expand Its Coverage.

Batas Pambansa Bilang 71

An Act Further Amending Article 310 of the Revised Penal Code.

Batas Pambansa Bilang 33

An Act Defining and Penalizing Certain Prohibited Acts Inimical to the Public Interest and
National Security Involving Petroleum and/or Petroleum Products, Prescribing Penalties
Therefor and for Other Purposes.

Batas Pambansa Bilang 31

An Act Amending Presidential Decree Numbered Eight Hundred Eighty-Five, Otherwise
Known as the Revised Anti-Subversion Law.

Batas Pambansa Bilang 22

Bouncing Check Law

Batas Pambansa Bilang 6

An Act Reducing the Penalty for Illegal Possession of Bladed, Pointed or Blunt Weapons,
and for Other Purposes, Amending for the Purpose Presidential Decree Numbered Nine.

Commonwealth Act No. 578

An Act to Amend Article One Hundred Fifty-Two of the Revised Penal Code, so as to Include
Teachers, Professors, and Persons Charged With the Supervision of Public or Duly
Recognized Private Schools, Colleges, and Universities, Within the Term "Persons in
Authority" .

Act No. 4103

The Indeterminate Sentence Law
An Act to Provide for an Indeterminate Sentence and Parole for All Persons Convicted of

• RA 11311
Signed on April 17, 2019
AN ACT TO IMPROVE LAND TRANSPORTATION TERMINALS, STATIONS, STOPS, REST
AREAS AND ROLL-ON/ROLL-OFF TERMINALS, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

322
• RA 11291
Signed on April 12, 2019
AN ACT PROVIDING FOR A MAGNA CARTA OF THE POOR

• RA 11279
Signed on April 12, 2019
AN ACT TRANSFERRING THE PHILIPPINE NATIONAL POLICE ACADEMY (PNPA) AND THE
NATIONAL POLICE TRAINING INSTITUTE (NPTI) FROM THE PHILIPPINE PUBLIC SAFETY
COLLEGE (PPSC) TO THE PHILIPPINE NATIONAL POLICE (PNP), AMENDING FOR THE
PURPOSE SECTIONS 24, 35, 66, 67 AND 68 OF REPUBLIC ACT NO. 6975, OTHERWISE
KNOWN AS THE “DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT ACT OF 1990”, AS AMENDED, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

• RA 11231
Signed on February 22, 2019
AN ACT REMOVING THE RESTRICTIONS IMPOSED ON THE REGISTRATION, ACQUISITION,
ENCUMBRANCE, ALIENATION, TRANSFER AND CONVEYANCE OF LAND COVERED BY FREE
PATENTS UNDER SECTIONS 118, 119 AND 121 OF
COMMONWEALTH ACT NO. 141, OTHERWISE KNOWN AS “THE PUBLIC LAND ACT”, AS
AMENDED

• RA 11229
Signed on February 22, 2019
AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILD PASSENGERS IN
MOTOR VEHICLES AND APPROPRIATING FUNDS THEREFOR

• RA 11228
Signed on February 22, 2019
AN ACT PROVIDING FOR THE MANDATORY PHILHEALTH COVERAGE FOR ALL PERSONS
WITH DISABILITY (PWDs), AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7277, AS
AMENDED, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR PERSONS WITH DISABILITY”
• RA 11210
Signed on February 20, 2019
AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED FIVE (105) DAYS
FOR FEMALE WORKERS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY (30)
DAYS WITHOUT PAY, AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO
MOTHERS, AND FOR OTHER PURPOSES

• RA 11200
Signed on February 8, 2019
AN ACT PROVIDING FOR THE RANK CLASSIFICATION IN THE PHILIPPINE NATIONAL
POLICE, AMENDING FOR THE PURPOSE SECTION 28 OF REPUBLIC ACT NO. 6975, AS
AMENDED, OTHERWISE KNOWN AS THE “DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT ACT OF 1990”

• RA 11188
Signed on January 10, 2019

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 AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF
ARMED CONFLICT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF […]

• RA 11127
Posted on Oct 30, 2018
AN ACT PROVIDING FOR THE REGULATION AND SUPERVISION OF PAYMENT SYSTEMS

• RA 11054
Posted on Jul 27, 2018
AN ACT PROVIDING FOR THE ORGANIC LAW FOR THE BANGSAMORO AUTONOMOUS
REGION IN MUSLIM MINDANAO, AS amended by RA No. 9054, Entitled “An Act to Strengthen
and Exand the Organic Act for the Autonomous Region in Muslim Mindanao”

• RA 11053
Posted on Jun 29, 2018
AN ACT PROHIBITING HAZING AND REGULATING OTHER FORMS OF INITIATION RITES OF
FRATERNITIES, SORORITIES AND OTHER ORGANIZATIONS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

• RA 10973
Posted on Mar 01, 2018

AN ACT GRANTING THE CHIEF OF THE PHILIPPINE NATIONAL POLICE (PNP) AND THE
DIRECTOR AND THE DEPUTY DIRECTOR FOR ADMINISTRATION OF THE CRIMINAL
INVESTIGATION AND DETECTION GROUP (CIDG) THE AUTHORITY TO ADMINISTER OATH
AND TO ISSUE SUBPOENA AND SUBPOENA DUCES TECUM, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 6975, AS AMENDED, OTHERWISE KNOWN AS THE “DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990”

324