CHAPTER ONE

INTRODUCTION TO CRIMINOLOGY

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

DEVELOPMENT OF CRIMINOLOGY

The discipline of criminology has evolved in three phases, beginning in the 18 th

century. Although crime and criminals have been around for as long as societies have
existed, the systematic study of these phenomena did not begin until the late 1700s.
Prior to that time, most explanations of crime equated it with sin – the violation of a
sacred obligation.
The first phase involved when scholars first distinguished crime from sin, they
made possible explanations of criminal behavior that were not theological (religious).
This, in turn, allowed for the dispassionate, scientific study of why crime occurs. The
development of this study is now known as the era of classical criminology.
The second phase, which began in the 19th century, is referred to as modern
criminology. During this era, criminology distinguished itself as a subspecialty within the
emerging disciplines of psychology, sociology, and economics. Scholars formed
criminological societies and founded criminology journals. Criminologists conducted
empirical tests (observations or experiments) of their theories, rather than relying solely
on speculation, and consequently developed a wide range of theories.
The third phase, beginning in the second half of the 20 th century, may best be
called independent criminology. During this period, criminology began to assert its
independence from the traditional disciplines that spawned it. In Western Europe, the
United States, and Canada, criminologists expanded their professional associations and
published an increasing number of journals. A number of universities developed
graduate programs in criminology. Criminological theories have become more
multidisciplinary (spanning various fields of study) because independent criminologists
seek to understand crime itself rather than study crime as one aspect of an overall
sociological or psychological theory.

THE GOALS OF CRIMINOLOGY

The classical criminologists of the 18th century were primarily concerned with
ending brutality and inequality against criminals by enforcing limitations on government
power. They believed that criminal behavior was the product of the offender’s rational
choice, and that crime could be prevented through the speedy and certain application of
penalties that attached painful and unattractive consequences to such behavior.
Beginning in the era of modern criminology, the emphasis of the discipline
shifted. Criminologists sought to develop theories to explain why crime occurred. They
no longer relied as strongly on explanations of crime based on the offender’s rational
choice. Instead, they attributed criminal behavior to the motivation to commit crime and
the social context that allows people to pursue criminal inclinations.

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 Contemporary scholars believe that criminal motivation is the product of one or
more of a complex set of factors. These factors are so numerous and so varied that no
system of classification can describe the current theories of crime causation with
complete accuracy. However, broadly speaking, these theories may be considered in
one of the following three categories: (1) theories attributing criminal behavior to
biological or congenital (inherited) defects of the offender, (2) theories relating crime to
psychological factors or mental disorders, and (3) theories relating crime to
environmental or social factors. Many criminologists have suggested theories of multiple
causation involving factors from more than one of these categories.

IMPORTANT AREAS IN THE DEVELOPMENT OF CRIMINOLOGY

1. The development of criminal law and in defining crime.

2. The cause of law violation, and
3. Methods used in controlling criminal behavior.

The criminal behavior systems of criminology involve research on specific

criminal types and patterns, such as violent crimes, theft and others.

PRINCIPAL COMPONENT OF CRIMINOLOGY

In studying criminology, there are three important components namely:

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

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

3. Penology
Penology, the study of criminal punishment, is a sub-field of criminology.
Criminologists theorize about why people commit crimes and deviate from society’s
norms of behavior. They also study how society punishes criminals because different
methods of punishment may cause people to alter their behavior in different ways.
Thus, criminologists devise theories that not only explain the causes of crime but also
address its prevention, control and treatment.
Today, one more are of concern in Criminology is crime detection and
investigation. Criminologists are also engaged in studying the criminal things. Forensic
Science, sometimes referred to as Criminalistics, is therefore covered in the broad field
of criminology

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 IMPORTANCE AND PURPOSES OF STUDYNG CRIMINOLOGY

Studying crime is very important, not only to criminologists. Criminologists and

non-criminologists study crime because of various reasons. If we generalize these, they
fall on any of these reasons:

1. Criminology can be a source of philosophy of life. The knowledge derived from

studying crime is a good foundation for an individual’s philosophy and lifestyle.
2. Criminology is a profession not only for social service but for legal practice as well.
3. People, study criminology because criminals are legitimate object of interest. They
should be understood in order to know how to control them.
4. Authorities should know a bit of criminology because crime is a very expensive
problem of the society. The value of property lost, medical expenses, insurances,
moving costs, and intangible costs of pain and suffering is too high as a result of
victimization.

Studying criminology is aimed towards the following:

1. The primary aim is to prevent the crime problem.

2. To understand crimes and criminals which is basic to knowing the actions to be done
to prevent them.
3. To prepare for a career in law enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees and due process of law
in the administration of justice.
5. To foster a higher concept of citizenry and leadership together with an understanding
of one moral and legal responsibilities to his fellowmen, his community and the
nation.
In reality, there are many and varied purpose of studying criminology. However,
all these purposes fall on either of the two (2) primary aims of studying criminology.

1. To understand crimes and criminals.

2. To prevent the occurrence of crime.

NATURE AND SCOPE OF CRIMINOLOGY

In 1889, an anthropologist named Paul Topinard, introduces the term criminology

in the English language. He derived the word from the latin word Crimen, which can be
translated to offense.
According to Prof. Cirilo Tradio, Criminology is a body of knowledge regarding
crime as a social phenomenon. The scope of Criminology covers:
1. the making of laws
2. the breaking of laws
3. the reaction towards the breaking of laws

Criminology is the study of crime and its various aspects. According to Edwin
Sutherland, it is the science regarding crime and delinquency as a social phenomenon.
This is a field that addresses the issue of crime and criminal behavior and attempts to
define explain and predict it.

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 Understanding crime is a complicated matter just like other social broad
sciences. It requires therefore a systematic and balanced knowledge in the examination
of why crime exists. In this sense, criminology is:

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

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

Criminology is a multidisciplinary study of crimes. This means that many disciplines

are involved in the collection of knowledge about criminal action, including, psychology,
sociology, anthropology, biology, neurology, political science and economics. But over
the years, the study of crime has been dominated by:

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

2. Psychology (Psychological Criminology). This is the science of behavior and mental

processes of the criminal. It is focused on the individual criminal behavior – how it is
acquired, evoked, maintained and modified.

3. Psychiatry (Psychiatric Criminology). This is the science that deals with the study of
criminal behavior in terms of motives and drives; better known today as forensic
psychiatry.

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 CHAPTER TWO
CRIMINAL ETIOLOGY

WHAT IS CRIME?

In the legal point of view, it refers to any violation or infraction of the existing policies,
laws, rules and regulations of the society.
Criminality is a serious problem. This maybe explained by the following
characteristics of crime:

1. It does not respect age, sex, culture, customs and tradition, race, and religion of the
society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.

People cannot avoid offending others. Some offensive actions are considered
abnormal behavior while some are classified as crime. What therefore is the
requirement before an act is considered a crime? The following is the “Differentiae” of
crime:

1. An act maybe called crime if there is a certain external consequence or harm.

Physical injury is the most obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by law.
3. There must be a conduct; that is, there must be an intentional or reckless action that
results to harmful consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a casual relationship between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.

CLOSE EXAMINATION OF CRIME

1. Before saying that a crime has been committed, you must have a “personal
knowledge” of its actual commission or that you must have caught the offender “in
flagrante delicto”.
2. An act can only be called as crime if there is a law that defines it, prohibit its
commission, and provides punishment for its commission.
3. In a criminal act, there should be malicious intent – a harmful consequence
(oppressive outcome of an act) is an inherent result.
4. There should be a continuity of the criminal act before an offender is criminally
charged.

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 RELATIVITY OF CRIME

What are the changing concepts of crime and criminal laws?

1. Most of the existing laws define acts as crimes when some acts were not crimes a
few years ago.
2. Laws differ from jurisdiction to another and so with acts, which are considered as
crimes.
3. Interpretation and implementation of laws vary in terms of:

a. characteristics of crime c. status of offenders

b. age d. status of enforcers

GENERAL CLASSIFICATIONS OF CRIMES

1. As to atrocity – severity of the criminal act or offense

a. grave offense
b. less grave offense
c. minor or light offense

2. As to intent
a. crime mala in se – acts which are evil in themselves
b. crime mala prohibita – acts which are prohibited because the law has defined it to
be a crime.

3. As to Motive
a. economic crimes
b. sexual crimes
c. political crimes
d. miscellaneous crimes

4. As to Statistical Purpose
a. crimes against property
b. crimes against persons
c. crimes against morals
d. crimes against public order
e. crime against security
f. crimes against chastity

5. As to Penalty
a. crimes punishable by afflictive penalties
b. crimes punishable by correctional penalties
c. crimes punishable by light penalties

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 CRIMINOLOGICAL CLASSIFICATION OF CRIME

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

Criminologists consider the following as criminological classification of crimes.

1. Acquisitive Crime – when the offender acquires something as a consequence of his

criminal act.
2. Extinctive Crime – when the result of the criminal act is destruction.
3. Seasonal Crime – committed only at a certain period of the year.
4. Situational Crime – committed only when given a situation conducive to its
commission.
5. Episodal Crime – serial crime, committed by series of acts within a lengthy period of
time.
6. Instant Crime – committed the shortest possible time.
7. Static Crime – committed only in one place.
8. Continuing Crime – committed in several places.
9. Rational Crime – committed with intent; offender is in full possession of his mental
faculties.
10. Irrational Crime – committed without intent; offender does not know the nature of his
act.
11. White Collar Crime – committed by a person of responsibility in the course of his
occupation.
12. Blue Collar Crime – committed by ordinary professional to maintain their livelihood.
13. Upper World Crime – committed by individuals belonging to the upper class of
society.
14. Under World Crime – committed by members of the lower or under privilege class of
society.
15. Crime by Imitation – “copy cat” crime, committed by mere duplication of what was
done by others.
16. Crime by Passion – committed because of the fit of great emotion, such as anger
17. Occupational (service related) Crime – committed by rendering all service to satisfy
the desire of another.

OTHER CLASSIFICATION OF CRIMES

1. Traditional Crimes – crimes that are committed every now and then.
2. Crimes due to changing society (social change) – poverty crimes.
3. Emergency Crimes – crimes that are committed to take advantage of an abnormal
situation, or the nature of a social problem, or the vulnerability of a person or group
of persons.

HOW ARE CRIMES COMMITTED UNDER THE RPC?

Crimes are committed by means of:

1. Dolo – deceit
2. Culpa – fault (when wrongful act results from imprudence, negligence, lack of
foresight or lack of skill)

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 WHAT IS A VICTIMLESS CRIME?

Victimless crime refers to acts committed by consenting adults in private. In

victimless crimes, the acts involve only the participants and do not directly harm others.
Examples are: drug addiction, prostitution and gambling.

WHAT ARE INDEX CRIMES?

Index crimes are violent crimes. Criminal acts that involve threats or actual
physical harm to a victim by an offender. It presents not only offenses that we recognize
as violent (murder, rape, robbery) or other acts involving force and intimidation but also
“violent crimes” that are commonly considered as “social problems” such as domestic
violence, child abuse, elder abuse, etc.

WHO IS A CRIMINAL?

On the basis of the definition of crime, a criminal may be defined in three ways:
1. A Criminal is a person who has committed a crime and has been convicted of final
judgment by a competent court.
2. A Criminal is a person who violated a social norm or one who acted an anti-social act.
3. A Criminal is one who violated rules of conduct due to behavioral maladjustment.

CLASSIFICATIONS OF CRIMINALS

Based on Etiology

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

Based on Behavioral System

1. Ordinary Criminal – considered as the lowest mammal in the criminal profession; he

was forced by opportunity pushed to commit crime.
2. Professional Criminal – one who is engaged in criminal activities with high degree
of skill; he uses crime to maintain a living

Based on Mental Attitude

1. Active Criminal – one who commits crime due to aggressiveness

2. Passive Criminal – one who commits crime because they are forced by a reward or
promise.
3. Socialized Delinquent – individual with defective socialization process or
development thus he lacks proper moral values or ethical standards.

Other Classification of Criminals

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

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 WHAT IS CRIMINAL BEHAVIOR?

Criminal behavior is an intentional behavior that violates the criminal law. Criminal
behavior, therefore, is beyond normal behavior since it is used to describe conducts or
actions that do not belong to the standard behavior of man.

GENERAL APPROACHES IN THE STUDY OF CRIME

There are numerous theories that must be considered in studying the causes of
crimes. There is a need, therefore, to categorize or group these theories for the purpose
of more systematic and simplified discussion. The three general groups of criminological
approaches are: subjective, objective and contemporary approaches.

SUBJECTIVE APPROACHES

Subjective approaches deal mainly on the biological explanation of crimes.

Subjective explanations are focused on identifying the forms of abnormalities that was
experienced by criminals before, during and after committing the crime. They are the
following:

1. Anthropological Approach – focused in studying the physical characteristics of

offenders in the attempt to discover physical differences between criminals and non-
criminals. (Earnest Hooton’s theory)
2. Medical Approach – the application of medical examinations on offenders in order to
explain the mental and physical condition of the individual prior and after committing
a crime. (Positivist Theory)
3. Biological Approach – the evaluation of genetics in explaining criminal behavior;
under this approach, heredity is the main factor that push people to commit crimes.
(Positivist Theory)
4. Physiological Approach – focused on the study of the nature of human beings –
how they satisfy their physical needs; this approach explains that the cause of crimes
is the deprivation of the physical body from the basic needs of life. (Maslow’s Theory)
5. Psychological Approach – explains that development of criminal behavior
(deviations of normal behavior resulting to unpleasant emotions) is caused by
deprivation from psychological needs of man. (Theories of Freud and Maslow)
6. Psychiatric Approach – cause of the criminal behavior, according to this approach,
is mental disease as diagnosed by a trained authorized person. (Positivist Theory)
7. Psychoanalytical Approach – explanation of crime is based on the Freudian Theory
– this theory states that criminal behavior is caused by repression (suppression) of
the basic drives. (Freud’s Theory)

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 OBJECTIVE APPROACHES

These approaches deal on the study of groups, social processes and institutions
as factors that influence the human behavior. They are primarily derived from social
sciences.

1. Geographic Approach – topography, natural resources, geographical location, and

climate are factors that lead a person to commit crime. (Adolph Quetelet Theory)
2. Ecological Approach – the biotic grouping of men resulting to migration,
competition, social discrimination, division of labor, and social conflict are factors that
cause crime. (Ezra Park’s Theory)
3. Economic Approach – financial insecurity and inadequacy of the necessities to
support life are important factors to criminality. (Robert King Merton’s Thoery)
4. Socio-Cultural Approach – causes of crimes can be traced from the effects of
institutions, economics, education, politics, and religion to the people. (Albert
Cohen’s Theory)

CONTEMPORARY APPROACHES

Criminologists today put emphasis on scientific explanation of crime and criminal

behavior. Contemporary approaches are focused on the psychoanalytical, psychiatric,
and sociological explanations of crime in an integrated theory. Integrated theory is an
explanatory statement that combines ideas or concepts from different sources.

THEORIES OF CRIME

Theory of crime Advocator/s Concept/s

- Individuals were thought to be
Demonological ____________ possessed by good or evil spirits,
Theory which caused good or evil.

- Children and lunatics cannot calculate

Neo-Classical Theory ____________ pain and pleasure, therefore, must be
exempted from criminal liability.
- Utilitarian Hedonism which explains
Classical Theory Cesare Beccaria that a person always acts in such a
and Jeremy way as to seek pleasure and avoid
Bentham pain. (Bentham)
- Men are rational being who has the
freewill to choose between good or
evil. (Beccaria)
Raffaele Garofalo, - Criminals are like sick people who
Positivists Theory Enrico Ferri and requires rehabilitation rather than the
Cesare Lombroso imposition of punishment.
Anomie Theory Emile Durkheim -Crime is an important ingredient to all
healthy societies.

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Psychoanalytical Sigmund Freud -Crime is a symbolic expression of one’s
Theory inner tension which a person but fails to
control.
Somatotyping Theory William Sheldon - Heredity is the primary determinant of
one’s behavior and
- body physique is a reliable indicator of
one’s personality.
Differential Edwin Sutherland - Criminal behavior is learned through
Association Theory social interaction in the process of
communication.
Strain Theory Robert King Merton - It maintains that the failure of a man to
achieve a higher status of life caused
them to commit crimes in order for that
status or goal to be attained.
Cartographical School Adolphe Quetelet - Crimes against person increase during
of Criminology summer and crimes against property
increase during winter.
General Inferiority Earnest Hooton - Criminals are originally inferior and that
Theory crime is the result of the impact of the
environment.
Evolution Theory Charles Darwin - Humans, like other animals, are
parasites.
- Man is an organism having an
animalistic behavior that is dependent
on other animals for survival. Thus,
man kills and steals to live.

Labeling Theory Frank Tannenbaum, - Behavior becomes criminal if it is

Edwin Lemert and labeled as such.
Howard Becker

Differential Lloyd Ohlin - It explains that society leads the lower

Opportunity Theory class to want things and society does
things to people.

Human Ecology Robert Ezra Park - It maintains that crime is a function of

Theory social change that occurs along with
environmental change.
- It maintains that isolation, segregation,
competition, conflict, social contract,
interaction and social hierarchy of
people are the major influences of
criminal behavior and crimes.

Containment Theory Walter Reckless - This theory is a form of control, which

suggests that a series of both internal
and external factors contributes to
criminal behavior.

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Social Class Conflict Karl Marx, Frederick - It claims that the ruling class in a
and Capitalism Engel and William capitalist society is responsible for the
Theory Bonger creation of criminal law and their
ideological bases in the interpretation
and enforcement of their laws.
Subculture Theory Albert Cohen - He claims that the lower class cannot
socialize effectively as the middle class
in what is considered appropriate
middle class behavior. Thus, the lower
class gathers together to share their
common values forming a subculture
that rejects middle class values.

Neutralization Theory Gresham Sykes - It maintains that an individual will obey

or disobey societal rules depending
upon his or her ability to rationalize
whether he is protected from hurt or
destruction.

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 CHAPTER THREE
VICTIMOLOGY

Victimology is the study about victims of crime. It is a branch of Criminology that

deals purely on the underlying factors (BASIC INGREDIENT / FUNDAMENTAL
ELEMENT) of victimization and the contributory role of the victims in the commission of
crimes.
Victimology, being the study of “crime targets”, showed that a person becomes a
victim of crime consciously (knowingly) and unconsciously (unknowingly). A person
could become a victim due to his own action or fault. He somehow contributes to the
commission of crime because of his own making. The effects of crime differ from one
person to another.. Crime can result to:
financial loss property damage
physical injury death
Sometimes more devastating effects are the psychological wounds after the
crime, wounds that may never heal.
In an attempt to prevent victimization, individuals may move, restrict their daily
activities, or purchase expensive security measures. Billions of money and man power
are being extended by governments to apprehend and punish offenders, yet we have
only started recently to focus our attention on the victims of the crime.
Criminal victims could be key actors in criminal justice process, but more often they
are kept at the discussion. The victim of crime often becomes the FORGOTTEN
PERSON of the criminal justice system while the criminal is the celebrity. Victims are
only valued for their capacity to report crimes and to appear in court as witnesses.

TYPOLOGY OF CRIMINAL VICTIMS

GENERAL CLASSES OF VICTIMS

Based on the classification of Hans Von Hentig, a European lawyer)

1. The Young - the weak by virtue and immaturity
2. The Female – often less physically powerful and easily dominated by
males.
3. The Old – the incapable of Physical defense and the common object of
confidence scheme.
4. The Mentally Defective – those that are unable to think clearly.
5. The Immigrant – those that are unsure of the rules of conduct in the
surrounding society.
6. The Minorities – racial prejudice may lead to victimization or unequal
treatment by the agency of justice.

PSYCHOLOGICAL TYPES OF VICTIMS

1. The Depressed – submissive person by virtue of emotional condition

2. The Acquisitive or Greedy – person who wants more that what is sufficient
makes a natural victim of crime.
3. The Wanton or Overly Sensual - person ruled by passion and thoughtlessly
seeking pleasure.
4. The Lonesome – person who eventually becomes a victim by virtue of
wanting companionship or affection

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 5. The Heartbroken – one who is emotionally disturbed by virtue of heartaches
and pains.
6. The Tormented – a victim who asked for it, often from his own family or
friend.

OTHER TYPES OF VICTIMS

Benjamin Mendelsohn, a European defense attorney created his own classification

of victim types. This includes the following six categories:

1. The completely innocent victim – such a person is an ideal victim in popular

perception. In this category placed persons victimized while they were
unconscious, and the child victims.
2. Victims with only minor guilt and those victimized due to ignorance.
3. The victim who guiltier than the offender – this category was described as
containing persons who provoked the criminal or actively induced their own
victimization.
4. The most guilty victim “who is guilty alone” – an attacker killed by a would be
victim in the act of defending themselves were placed in this category.
5. The imaginary victim – those suffering from mental disorders, or those victims
due to extreme mental abnormalities.

Benjamin Mendelsohn is generally credited as the initiator of the word

VICTIMOLOGY as well as the concept of PENAL COUPLE. Penal couple is a term that
describes the relationship between the victim and the criminal. He also coined the term
VICTIMAL to describe the victim counterpart of the criminal, and the word VICTIMITY,
which signified the opposite of criminality.
Another class of victim is the ‘LOSER’ or one who is initially the attacker but later,
the situation is reversed. An example could be the case of a mugger or a bully who ends
up injured or a swindler becomes swindled.

DYNAMICS OF VICTIMIZATION

There are a number of procedural models which can be applied to the study
of the victimization process for the purpose of understanding the experience of
victims.

1. “Victims of Crime Model” (by Bard and Sangrey). According to this model,
there are three stages involved in any victimization:

a. Stage of Impact & Disorganization – stage during and immediately

following the Criminal event
b. Stage of Recoil – stage during which the victim formulates psychological
defenses and deals with conflicting emotions of guilt, anger, acceptance, and
desire of revenge (said to last three to eight months),
c. Reorganization Stage – stage during which the victim puts his or her own
life back to normal daily living.

* Some victims however may not successfully adopt the victimization experience
and a maladaptive reorganization stage may last for many years.

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 2. “Disaster Victim’s Model ” – this model was developed to explain the coping
behavior of victims of natural disaster. According to this model, there are four
stages of victimization:

a. Pre-Impact – stage describe the victim’s condition prior to being

victimized
b. Impact – the stage at which victimization occur
c. Post- Impact – stage which entails the degree and duration of personal
and social disorganization following victimization.
d. Behavioral Outcome – stage that describes the victim’s adjustment to the
victimization experience

FACTORS OF VICTIMIZATION

1. Hedonism
2. Materialistic Culture
3. Sex Values
4. Decay of Discipline
5. Public Morality

Response to Victimization

The contemporary study of the characteristics of crime victims has tended to

focus on identifying risk factors in order to better understand the phenomena, without
attributing blame to the victims. Information about the risk for victimization has been
used to develop crime prevention and enforcement strategies.

Research indicates that there is a host of individual, situational, and community-

level factors that increase risk of criminal victimization. Let’s look at the individual
factors. Individuals can be described in terms of their socio-demographic characteristics.
These characteristics are enumerated in the acronym S.A.U.C.E.R.

Socio-demographic Characteristics

The risk of becoming victim varies as a function of S.A.U.C.E.R.:

 Sex-male female
 Age-young, middle aged, or elderly
 Urban-urban or rural
 Class-socioeconomic class
 Ethnicity-racial characteristics
 Religion-religious preference

Sex- With the exception of sexual assault and domestic violence, men have higher
risk of assault than women. Lifetime risk of homicide is three to four times higher for
men than women.

Age- Adolescents have substantially higher rates of assault than young adults or
older. Survey indicates that 12-to-19 year olds are two to three times as likely as

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 those over 20 to become victims of personal crime each year. 62% of all forcible
rape cases occurred when the victim was under 18 years of age (Kilpatrick et al.,
1992).

Urban- Crime and victimization is mostly an urban problem. Urban areas have a
dangerous amount of transience (strangers moving in and out of town),
heterogeneity (mix of different people and places), and disorganization (dilapidation
of housing and buildings).

Class- Violence disproportionately affects those from lower socioeconomic classes.

Family income is related to rates of violence and victimization, with lower income
families at a higher risk than those from higher income brackets.

Ethnicity- Racial and ethnic minorities have higher rates of assault than other
people. In America, rates of violent assault are approximately twice as high for
African- and Hispanic-Americans compared to white Americans. African-Americans
and Hispanic-Americans are significantly more likely than White Americans to have
ever been violent victims of crime.

Religion- Certain religious groups tend to be regularly prosecuted –and over

represented in hate crime statistics.

Victims and Criminal Justice System

Victims of crime deserve rights and services in the criminal justice system that
begin at the point of reporting crime to the police, and continue through the entire
criminal justice system process.

The criminal justice system is charged with processing cases from the point of
victimization, arrest, prosecution and sanctions. At each point along this continuum,
criminal justice agencies and professionals have opportunities and obligations to provide
victims with assistance, services and accommodations to ease their difficulties in what is
already a very trying, tragic time. The criminal justice system can minimize and avoid
inflicting “secondary victimization” that has often characterized much of the plight of
victims of crime.

16
 CHAPTER FOUR
OVERVIEW OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

Criminal Justice System is the machinery used by the government to prevent and control
crimes.

PILLARS OF THE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement
 It is the prime mover of the Criminal Justice System
 An agency of the government responsible in maintenance of peace and order,
protection of lives and properties, ensure public safety, enforcement of laws and
ordinances, apprehension of offenders, and investigation of cases.

2. Prosecution
 It is a process whereby accusations are brought before the court of justice.

3. Court
 It is a body vested with the power to try, hear and decide cases.

4. Correction
 It is considered as the weakest pillar of the Criminal Justice System.
5. Community

INTRODUCTION TO LAW ENFORCEMENT ADMINISTRATION

Police
An agency of the government responsible in the protection of lives and
properties, ensure public safety, maintain peace and order, enforcement of laws
and ordinances, apprehension of offenders and investigation of criminal cases.

Organization
A group of persons with common goals and objectives.

Police Organization
A group of trained personnel working together to maintain peace and order,
ensure public safety and protect lives and properties.

Police Administration
It refers to the cooperative human effort to achieve organizational goals and
objectives.

17
Legal Bases:

1. Republic Act No. 6975

It is otherwise known as the DILG Act of 1990 or the PNP Law of 1991.
It was signed into law on December 13, 1990.
It paved the way for the creation of the following agencies: Philippine National
Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail Management and
Penology (BJMP), and Philippine Public Safety College (PPSC).
2. Republic Act No. 8551
It is otherwise known as the PNP Reform and Reorganization Act of 1998.
It was signed into law on February 25, 1998.
It provides for the reorganization of the Philippine National Police (PNP) which is
national in scope and civilian in character.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

Basic Concepts and Principles

Investigation
Systematic examination of facts and circumstances.
Search for truthful or factual information
It was derived from the Latin word “vestigare” which means to track or to trace or
to probe.

Criminal Investigation
A lawful search for people and things useful in reconstructing the circumstances
of a crime and the mental state accompanying it.
An art which deals with the identity and location of the offender and provide
evidence of his guilt in a criminal proceeding.

Criminal Investigation as an Art

It is an art because it is not governed by rigid rules or fixed legal procedures but
most often based on intuition and sometimes by chance.

Criminal Investigation as a Science

It is a science in the sense that it applies technical knowledge on forensic
sciences in identifying, locating, collecting, processing or evaluating physical evidence.

Nature of Criminal Investigation

1. It is systematic process based on a systematic plan. It is conducted in an orderly

and logical manner.
2. It deals with information- all data from various sources, all evaluated materials of
every description including those derived from observation, reports, humors
which may be part of the subject of investigation.
3. It involves the activities of:
a. gathering and sorting facts
b. identifying and collecting evidences
c. processing or evaluation of evidences
d. interviewing witnesses

18
 e. locating then interrogating suspects
f. assembling proof of criminal guilt
g. presentation of forensic sciences

Goals of Criminal Investigation

1. To determine whether a crime has been committed.
2. To legally obtain information or evidences to identify persons involved.
3. To arrest suspects.
4. To recover stolen properties.
5. To present the best possible case to the prosecutor.

6 Cardinal Points in Criminal Investigation

1. What offense has been committed?

2. Where was the offense committed?
3. Who committed the offense?
4. When was the offense committed?
5. Why was the offense committed?
6. How was the offense committed?

Importance of Criminal Investigation

1. It is part of understanding the problem on crimes and criminals and provide for
the solutions in crime prevention.
2. It helps the five pillars of the criminal justice system in recognizing and identifying
criminals and provides clues or information in promoting social justice.
3. It is an aid in enforcing the laws and the protection of lives and properties.

TOOLS IN CRIMINAL INVESTIGATION

1. Information
Data gathered by an investigator from various sources such as persons including
the victim himself and from public records, private records and modus operandi
file.

2. Interview
Friendly and simple questioning of a person who is willing to divulge information.

3. Interrogation
It is the skillful and vigorous questioning of a person who is reluctant to divulge
information.

4. Instrumentation
It is the scientific examination of real evidence, application of instrument and
methods of physical sciences in crime detection.

The Golden Rule of Criminal Investigation

“Thou shall not touch, more nor alter anything in the crime scene unless it is
properly photographed, measured and sketched or otherwise preserved so as not to
destroy or contaminate the important criminal things.

19
 CHAPTER FIVE
INTRODUCTION TO CRIMINALISTICS

CRIMINALISTICS OR FORENSIC SCIENCES

It is a sub field of Criminology that deals with the study of “criminal things” –
those that are left behind by the criminal in the scene of the crime which have
significance in criminal investigation.

WHAT IS THE DISTINCTION BETWEEN CRIMINOLOGY AND CRIMINALISTICS?

1. Criminology is a social science while Criminalistics is an applied science.

2. Criminology deals more on theories while Criminalistics use practical and
technological theories.
3. Criminology is the study of criminal people while Criminalistics is the study of criminal
things.
A Criminologist is distinct from a Criminalist.

Who is a Criminalist?

A CRIMINALIST is a person who is trained in the application of instruments and

methods essential in detecting and investigating crimes.

DIVISIONS OF CRIMINALISTICS

1. Scientific Divisions
a. Chemistry
b. Psychiatry
c. Biology

2. Technological Divisions
a. Forensic Dactyloscopy
b. Forensic Photography
c. Forensic Ballistics
d. Questioned Document Examination
e. Forensic Medicine
f. Polygraphy

PERSONAL IDENTIFICATION

Dactyloscopy, defined
It is the identification of a person through the examination and comparison of
fingerprint.
It was derived from the Greek word:
Dactylos – a finger
Skopien – to examine

20
Fingerprint, defined
The production of a pattern or design formed by ridges on the inside of the joint
of a finger.
Sir Edward Richard Henry – considered as the Father of Fingerprint Science

BRANCHES OF DACTYLOSCOPY

1. Chiroscopy – science of dactyloscopy which deals with the study of the palms of the
hand.
It was derived from the Greek words: cheir – a hand, and skopien – to examine.
2. Podoscopy – branch of science of dactyloscopy which deals with the study of the sole
of the foot.
It was derived from the Greek words: podo – foot, and skopien – to examine.
3. Poroscopy – branch of science of dactyloscopy which covers the study of the sweat
pores found in the friction skin.
It was derived from the Greek words: poros – pores, and skopien – to examine.

THREE UNIVERSAL PRINCIPLES OF FINGERPRINT

1. Infallibility – it will not fail

2. Permanency – conclusive and permanent, unchangeable
3. Individuality – no two persons have exactly the same fingerprints

FORENSIC PHOTOGRAPHY

Photography, defined
It is a science or art of obtaining images on a sensitized material by the action of
electromagnetic radiation or rays thru the use of a camera and its accessories and the
chemical process involved therein.
It was derived from the Greek words:
Photo – means light
Graphos – means to draw or chart or sketch

Police Photography, defined

It is the science which deals with the study of the principles of photography and
the preparation of photographic evidence and its application to police work.

Objectives of Police Photography

1. To produce a pictorial record of everything pertaining to the crime.

2. To help in keeping the police officer’s memory accurately as possible as to where he
find things.
3. To help in securing and obtaining confession, disposition and information relating to
the case.

21
Importance of Forensic Photography

1. Small objects but of great importance in a crime committed may escape in the first
phase of examination by the investigator but maybe seen and recorded on the
photograph.
2. A good photograph of the scene is a permanent record which is always available
especially in court presentation, in court proceeding, fiscals and defense lawyers
have generally never visited the scene of the crime.
* As a general rule, take many photograph of the crime scene and select the best.
3. Used as an aid by investigator to describe in court some of the details of the crime
scenes they have investigated several months ago, the small details and exact
locations of objects.
4. To assists the investigators in using photographic equipment and techniques in their
effort to solve crimes.

Uses of Photography in Police Work

1. Identification – this is the very first use of photography in police work. Use to identify
criminals, missing persons, lost property, licenses, anonymous letters, bank checks,
laundry marks, and the civilian or personnel fingerprint identification files.
2. Communication and micro films files – investigative report files, accident files,
transmission of photos (wire photos) photographic supplement to reports with
modern day electro-photography machines.
3. Evidence – crime scenes, traffic accidents, homicides, suicides, fires, objects of
evidence, latent fingerprints, evidential traces can frequently be improved by contrast
control (lighting, film and paper filters) by magnification (photomicrography,
photomicrography) by invisible radiation (infra-red, ultraviolet, x-rays).
4. Offender detection – surveillance, burglar traps, confessions, re-enactments of
crimes.
5. Court exhibits – demonstration enlargements, individual photos, projection slides,
motion pictures.
6. Reproduction or copying – questionable checks and documents, evidential papers,
photographs, official records and notices.
7. Personnel Training – photographs and film relating to police tactics, investigation
techniques, mob control, and catastrophe situation.
8. Crime and fire prevention hazard – lectures, security clearance detection devices,
photos of hazardous fire conditions made when prevention inspections are made.
9. Public Relations – film pertaining to safety programs, juvenile delinquency, traffic
education, public cooperation and civil defense.

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 POLYGRAPHY (Lie Detection)

Polygraphy
- is the scientific method of detecting deception with the use of a polygraph
instrument. Polygraphy is the new name of LIE DETECTION.

Polygraph
- is a scientific diagnostic instrument used to record physiological changes in
the blood pressure, pulse rate, respiration and skin resistance of an
examinee under controlled condition.

Principal Uses of the Polygraph

1. Aid in investigation
2. Speeds up processing of investigation
3. Eliminates innocent suspects.
4. Pre-employment screening.
5. Honesty test

FORENSIC/LEGAL MEDICINE

Legal Medicine
- is a branch of medicine, which deals with the application of medical
knowledge to the purpose of law and in the Administration of justice.

Types of Medical Evidences:

Real Evidence – this is evidence made known or addressed in the sense of the court. It
is not limited to that which is known through the sense of vision but it is extended to what
the sense of hearing, taste, smell and touch perceived.

Testimonial Evidence – a person maybe commanded to appear before the court to

give his testimony. While in the witness stand, his obligation is to answer the question
propounded by counsel and presiding officer of the court, his testimony must be given
orally and under oath or affirmation.

Documentary Evidence – a document is an instrument on which is recorded by means

of letter, figure or make intended to be used to the purpose of recording that matter
which may be evidentially used . The term applies on writing, to word printed, lithograph
or photograph.

Experimental Evidence – a medical witness maybe allowed by the court to confirm his
allegation or as a corroborated proof to an opinion he previously stated.

Physical Evidence – these are articles and materials which are founded in connection
with evidence and which aid in establishing the identity of the perpetrator or the
circumstances under which the crime was committed, or in general assist \, in the
prosecution of the criminal.

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 FORENSIC BALLISTICS

Ballistics
- the science of the motion of projectiles.
- Refers the science of firearm identification.
-
Branches of Ballistics

1. Interior – the branch of this science, which has something to do with the
properties and attributes of the projectile while still inside the gun. This extends
from the breech to the muzzle of the gun.
2. Exterior – the branch of this science, which has something to do with the
attributes and movements of the bullet after it has left the gun muzzle.
3. Terminal – it is the branch of this science that deals with the effects of the impact
of the projectile on the target.
4. Forensic Ballistics- this branch of this science involves the investigation and
identification of firearms by means of the ammunitions fired through them.

FORENSIC QUESTIONED DOCUMENT EXAMINATION

DOCUMENT
- Any material containing marks, symbols, or signs that may present or ultimately
convey a meaning to someone.
- Latin word- ”documentum”- lesson/example
- French word- “docere”- to teach

QUESTIONED DOCUMENT
- One in which the facts appearing therein may not be true, and are contested
either in whole or in part.

KINDS OF DOCUMENT

Public document - notarized by a notary public

Official document – issued by the government
Private document – executed by a private person
Commercial document – executed in accordance with the code of commerce

24
 CHAPTER SIX
INTRODUCTION TO CRIMINAL LAW and CORRECTION

CRIMINAL LAW
A branch or division of law which defines crimes treats of their nature and
provides for their punishment.

What is the primary source of Philippine Criminal Law?

- Revised Penal Code ( Act # 3815)

WHEN DID IT TOOK EFFECT?

- January 1, 1932

The R.P.C. consists of two books, namely

- Book one ( principles affecting criminal liability, penalties and liabilities)
- Book two (list of felonies)

PARTS OF THE R.P.C.

a. Principles affecting Criminal Liability (Arts. 1-20 of Book 1)
b. Penalties including liability (Arts. 21 to 113 of Book 1)
c. Specific Felonies and their Penalties classified and grouped under 14 titles (Arts.
114-366 of Book 2)

What are Felonies?

Acts or omissions defined and punished by the Revised Penal Code

CHARACTERISTICS OF CRIMINAL LAW

GENERALITY- the law is binding upon all persons who reside or sojourn in the
Philippines.
TERRITORIALITY- the law is applicable to all crimes committed within the limits of
Philippine territory.
PROSPECTIVITY/IRRETROSPECTIVITY
- That the law does not have any retroactive effect.
- A penal law cannot make an act punishable in a manner in which it was not
punishable when committed. Crimes are punished under the law in force at the
time of their commission.

“Lex prospicit non respicit”

- The law looks forward, not backward
- Laws are prospective or are intended for future application

What is an ex post facto law?

- A law that is retroactive and punishes an act which is not punishable when
committed.

Exception to the prospective application of Criminal Law

- Whenever a new law dealing with crime establishes conditions more lenient or
favorable to the accused.

25
Exceptions to the exception
- Where the new law is expressly made inapplicable to pending actions or existing
causes of actions.
- Where the offender is a habitual delinquent/criminal

Habitual delinquent
- A person shall be deemed a habitual delinquent if within a period of ten years
from the date of his release or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, or falsification he is found guilty of
any of said crimes a third time or oftener.

REVISED PENAL CODE of the PHILIPPINES

Book Two – Crimes and Penalties
Articles 114-367

TITLE I- Crimes Against National Security and the Law of Nation. (Art. 114-123)
TITLE II- Crimes Against the Fundamental Laws of the State. (Art. 124-133)
TITLE III- Crimes Against Public Order. (Art. 134-160)
TITLE IV- Crimes Against Public Interest. (Art. 161-189)
TITLE V- Crimes Relative to Opium and Other Prohibited Drugs. (Art. 190-194)
TITLE VI- Crimes Against Public Morals. (Art. 195-202)
TITLE VII- Crimes Committed by Public Officers. (Art. 203-245)
TITLE VIII- Crimes Against Persons. (Art. 246-266)
TITLE IX- Crimes Against Personal Liberty and Security. (Art. 267-292)
TITLE X- Crimes Against Property. (Art. 293-332)
TITLE XI- Crimes Against Chastity. (Art.333-346)
TITLE XII- Crimes Against the Civil Status of Persons. (Art. 347-352)
TITLE XIII- Crimes Against Honor. (Art. 353-364)
TITLE XIV- Quasi-offenses. (Art. 365)

SPECIAL PENAL LAWS

- Penal law which punishes acts NOT defined and punished by the revised penal
code
- It is a statute enacted by the legislative branch, penal in character which is not an
amendment of the Revised Penal Code.
- Offenses which are or in the future maybe punishable under the special penal
laws are not subject to the provisions of the Revised Penal Code.

“LEX SPECIALIS DEROGANT GENERALI”

- Special Penal Law prevails over the Revised Penal Code

R.P.C. rules are not applicable to S.P.L.

Art. 6- attempted and frustrated stages of execution.
Art. 8- conspiracy and proposal to commit felony
Art. 18 and 19- accomplices and accessories
Art. 13 and 14- mitigating and aggravating circumstances
Art. 64- rules for the application for the application of penalties with 3 periods.

EXCEPTION: Only if the S.P.L. allows or there is a provision in the S.P.L. allowing such
rules to be applied.

26
 CRIMINAL EVIDENCE

EVIDENCE
A means sanctioned by law of ascertaining in a criminal proceeding a truth
respecting a matter of fact.

Admissibility of evidence
Evidence is admissible when it is relevant to the facts in issue and not excluded by law.

*Evidence is relevant if it has a direct connection to the fact in issue and Competent if it
is not excluded by law.

CRIMINAL PROCEDURE

The methods prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense and for their punishment in case of conviction [and
aquittal if proven innocent.]

SOURCES OF CRIMINAL PROCEDURE

- Part III, Rule 110-127, of the Rules of Court of the Philippines. (main bulk)
- 1987 Phil. Constitution, more particularly Art. III (Bill of Rights)
- B.P. 129 (Judiciary Reorganization act of 1980)
- Various acts passed by legislature like Presidential Decrees, Executive Orders
- Decision of Supreme Court
-

CRIMINAL LAW CRIMINAL PROCEDURE

- Substantive law - Remedial law
- It defines crimes, treats of their - Provides for the method by which
nature and provide for their a person accused of crime is
punishment. arrested, tried and punished
- Declares what acts are - Provides how the acts are to be
punishable punished

27
 INTRODUCTION TO CORRECTION

Penology is the study of punishments for the crime or of the criminal offenders.
It includes the study of control and prevention of crime through punishment of criminal
offenders. It is a term derived from the Latin word “poena” which means pain or
suffering.
Penology is also otherwise known as Penal Science. It is actually a division of
criminology that deals with prison management and the treatmentliof offenders and
concerned o with the philosophy and practice of society in its effort to repress criminal
activities.

Penal Management
It is the manner or practice of managing or controlling places of confinement as
in jails or prisons.

Correction
A branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders. It is the field of criminal justice
administration, which utilizes the body of knowledge and practices of the government
and the society in the general involving these of processes of handling individuals who
have been convicted of offense for purposes of crime prevention and control.

Correction as a Process
Correction as a process is the reorientation of the criminal offender to prevent
him or her from repeating his delinquent actions without necessity of taking punitive
action but rather introduction of individuals measures of reformation.

Correction Administration
It is the study and practice of a systematic management in jails or prisons and
other institutions concerned with the custody, treatment, and rehabilitation of criminal
offenders.

Punishment and the Criminal

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

ANCIENT FORMS OF PUNISHMENT

Death Penalty
It is effected by burning, beheading, hanging, breaking at the wheels, pillory and
other forms of medieval executions.

Physical Torture
It is effected by maiming, mutilation, whipping and other inhumane or barbaric
forms of inflicting pain.

Social Degradation
Putting the offender into shame and humiliation.

28
Banishment or exile
The sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the
offender has been removed.

Slavery and Transportation

CONTEMPORARY FORMS OF PUNISHMENT

IMPRISONMENT
Putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring them to
undergo institutional treatment programs

PROBATION
It is the disposition whereby a defendant after conviction of an offense, the
penalty of which does not exceed 6 years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.

PAROLE
A conditional release of a prisoner after serving part of his/her sentence in prison
for the purpose of gradually re-introducing him/her to free life under the guidance and
supervision of a parole officer.

FINE
An amount given as a compensation for a criminal act

DESTIERRO
The penalty of banishing a person from the place where he committed a crime,
prohibiting him to enter the 25 kilometer radius but not more than 250 km.

JUSTIFICATION OF PUNISHMENT

RETRIBUTION
The punishment should be provided by the state whose is violated, to afford the society
or the individual the opportunity of imposing upon the offender suitable punishment as
might be enforced. Offenders should be punished because they deserve it. It is the
redress in the form of personal vengeance.

EXPIATION/ATONEMENT
It is the punishment of group vengeance of which the purpose is to appease the
offended public or group.

29
DETERRENCE
Thepunishment gives lesson to the offender by showing to others what would
happen to them if they violate the law. The punishment are imposed to warn potential
offenders that they can not afford to do what the offender has done.
 When the theory refers to the specific offender who committed the crime it is
known as specific deterrence.
 General deterrence describes the effect that punishment has when it serves as a
public example or threat that deters people other than the initial offender from
committing similar crimes.

INCAPACITATION and PROTECTION

The public will be protected if the offender has being held in conditions where he
cannot harm others. By putting the offender in prison, society is protected from his
further criminal depredation.

REFORMATION/REHABILITATION
It is the establishment of the usefulness and responsibility of the offender.

PENALTY

It is the suffering inflicted by the state against an offending member for the transgression
of law.

JURIDICAL CONDITION OF PENALTY

PRODUCTIVE OF SUFFERING - Without however affecting the human personality

COMMENSURATE WITH THE OFFENSE - different crimes must be punished with
different penalties
PERSONAL - the guilty one must be the one to be punished
LEGAL - the consequences must be in accordance with the law
EQUAL - equal for all persons
CERTAIN - no one must escape its effect
CORRECTIONAL - changes the attitude of the offender and become a law abiding
citizen

EARLY FORMS OF PRISON DISCIPLINE

Hard Labor- productive works

Deprivation- deprivation of everything except the essentials of existence
Monotony- giving the same food that is “off diet”, or requiring the prisoner to perform
drab or boring daily routine
Uniformity- “we treat the prisoners alike”, “the fault of one is the fault of all”
Mass Movement- mass living in cellblocks, mass eating, mass recreation, mass bathing
Degradation- uttering insulting words or languages on the part of the prison staff to the
prisoners to degrade or break the confidence of prisoners
Corporal punishment- imposing brutal punishment or employing physical force to
intimidate a delinquent inmate

30
Isolation or solitary confinement- non-communication, limited news, “the lone wolf”
EXECUTIVE CLEMENCY

AMNESTY
A general pardon extended to a group of person, such as political offenders to
bring about the return of dissidents to their home and to restore peace and order in the
community.

REPRIEVE
The temporary stay of the execution of sentence especially the execution of
death sentence.

PARDON
An act of grace extended to prisoners as a matter of right, vested to the chief
executive as a matter of power.

COMMUTATTION OF SENTENCE
An act of the president changing or reducing a heavier sentence into a lighter
offense or a longer term into a shorter term.

PRISON AND JAIL

PRISON
It is a penitentiary, an institution for the incarceration of persons convicted of
major or serious crimes.

THE PHILIPPINE PRISON SYSTEM

National Bilibid Prison ( Muntinlupa Rizal)

- New Bilibid Prisons
- Camp Sampaguita
- Camp Bukang Liwayway

THE PENAL COLONIES

SAN RAMON PRISON and PENAL FARM

- located at Zamboanga
- the confinement of political offenders
- named after Capt. Ramon Blanco

IWAHIG PENAL COLONIES

- located at Puerto Princesa, Palawan
- 36,000 Hectares total land area
- one of the best “open institution”, only mutual trust and confidence of wards and
prison authorities keep them together, there being no walls.

31
 Sub-colonies:
-Montible
-Inagawan
-Sta. Lucia
-central ( main )

THE CORRECTIONAL INSTITUTION FOR WOMEN

- established by ACT 3579
- located at Mandaluyong
- managed by female peronnel
- confinement of female offenders

DAVAO PENAL COLONY

- founded by Gen. Paulino Santos
- used was used as a concentration camp for American prisoners of war
- at present, it is a combination of medium and minimum type of institution

SABLAYAN PENAL COLONY

- located at San Jose, Occidental Mindoro
- an open or minimum security type penal institution
-established on 1954

ILO-ILO PENAL COLONY and FARM

- located at Ilo-ilo province

LEYTE REGIONAL PRISON

- located at Abuyog, Leyte

JAIL

A place for locking-up of persons who are convicted of minor offenses or felonies
who are to serve sentences imposed upon them by a competent, or for confinement of
persons who are awaiting trial or investigation of their cases.

TYPES OF JAIL

LOCK-UP JAILS
Is a security facility, common to police stations used for temporary confinement
of an individual held for investigation.

ORDINARY JAILS
Commonly used to detain a convicted criminal offender to serve sentence less
than three years.

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WORKHOUSES, JAIL FARMS OR CAMP
A facility that houses minimum custody offenders who are serving short
sentences or those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time activities.

PRISONER
A person who is detained/confined in jail or prison for the commission of a
criminal offense or convicted and serving in a penal institution. A person who by reason
of his criminal sentence or by a decision issued by a court, maybe deprived of his liberty
or freedom.

GENEREAL CLASSIFICATION OF PRISONERS

DETENTION PRISONER
- those detained for investigation, preliminary hearing or awaiting trial.

SENTENCED PRISONER
- offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.

PRISONERS WHO ARE ON SAFEKEEPING

- includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior.

CLASSIFICATION OF SENTENCED PRISONER

INSULAR/NATIONAL PRISONER
- those sentenced to suffer a term of imprisonment from 3 years 1 day to life
imprisonment

PROVINCIAL PRISONER
- sentenced to suffer a term of imprisonment from 6 months 1 day to 3 years or a
fine of not more than 1,000 pesos, or both

CITY PRISONER
- sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not
more than 1,000 pesos

MUNICIPAL PRISONER
- confined in municipal jails to serve an imprisonment from 1 day to 6 months

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 CLASSIFICATION OF PRISONERS
ACCORDING TO THE DEGREE OF SECURITY

SUPER MAXIMUM SECURITY PRISONERS

A special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons who are the source of constant disturbance even in a maximum
security prison. They wear orange uniform.

MAXIMUM SECURITY PRISONERS

It is the group of prisoners whose escape could be dangerous to the public or to
the community of the state. It consist of constant troublemakers but not as dangerous as
the super maximum security prisoners. They occupy the new bilibid prison main building.
They wear orange uniform

MEDIUM SECURITY PRISONERS

Those that can not be trusted in open conditions and pose lesser danger than
maximum-security prisoners incase they escape. It consists of groups of prisoners who
maybe allowed working outside the fence or walls of the penal institution under guards
or with escorts. They occupy the medium security prison (camp sampaguita). They wear
blue uniform.

MINIMUM SECURITY PRISONERS

It is a group of prisoners who can be reasonably trusted to serve under “open
conditions”.
This groups include prisoners who can be trusted to report to their work
assignments without the presence of guards. They occupy the minimum security prison
(camp bukang liwayway). They wear brown color uniform

34
 CHAPTER SEVEN
REPUBLIC ACT NO. 6506 – AN ACT CREATING THE BOARD OF EXAMINERS FOR
CRIMINOLOGISTS IN THE PHILIPPINES AND FOR OTHER PURPOSES

Qualifications for Examination – Any person applying for examination and for a
certificate, shall, prior to admission to examination, establish to the satisfaction of the
Board that:

a. He is at least eighteen years of age and a citizen of the Philippines;

b. He must be a person of good moral character, as certified to by at least three
persons of good standing in the community wherein he resides;
c. He must not have been convicted of a crime involving moral turpitude; and
d. He has graduated in Criminology from a school, college or institute
recognized by the Government after completing a four-year resident collegiate
course leading to the degree of Bachelor of Science Criminology (BS
Criminology): provided, that holders of Bachelor of Laws degree may, within five
years after the approval of this Act, take this examination after completing at least
ninety – four (94) units Criminology, Law Enforcement, Police Science and
Penology subjects.

Criminologist is any person who is a graduate of the Degree of Criminology if he holds

himself out to the public in any of the following capacities:

1. As a professor, instructor or teacher in Criminology in any university, college

or school duly recognized by the government and teaches any of the following
subjects: (a) Law Enforcement, (b) Criminalistics, (c) Correctional
Administration, (d) Criminal Sociology and allied subjects, and (e) other
technical and specialized subjects in the Criminology curriculum provided by
the Department of Education.
2. As law enforcement administrator, executive adviser, consultant or agent in
any government or private agency.
3. As technician in dactyloscopy, ballistics, questioned documents, police
photography, lie detection, forensic chemistry and other scientific aspects of
crime detection.
4. As correctional administrator, executive supervisor, worker or office in any
correctional and penal institution.
5. As counselor, expert, adviser, researcher in any government or private agency
on any aspects of criminal research or project involving the causes of crime,
juvenile delinquency, treatment of offenders, police operations, law
enforcement administration, scientific criminal investigation or public welfare
administration.

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