CRIMINAL LAW AND JURISPRUDENCE

CRIMINAL LAW BOOK ONE

Criminal Law- that branch of public law which defines crimes treats of their nature and provides for their
punishment.
➢ Crime is an act committed or omitted in violation of a public law forbidding or commanding it
➢ Felony is an act or omission punishable by the Revised Penal Code
➢ Offense- those punishable by Special laws. An illegal act which does not amount to a crime as defined in the
Penal Code.
➢ Infraction- violation of city or municipal ordinances.

SOURCES OF CRIMINAL LAW

1. Act 3815 known as the Revised Penal Code
2. Special Penal Laws passed by Congress
3. Presidential Decrees, Executive Orders and Batas Pambansa

Common Law Crimes- the body of principles, usages and rules of actions which do not result from the express act of
the legislature. There is no such crime in the Philippines.

Q: Who has the power to define and punish crimes?

A: The State

NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there is no law punishing it.

CHARACTERISTICS OF CRIMINAL LAW:

1. General- criminal law is binding on all persons who live or sojourn in the Philippines.
2. Territorial- criminal laws are applicable only if the crime is committed within Philippine territory.
3. Prospective- criminal law cannot make an act punishable in a manner in which it was not punishable when
committed. See Art 366. (The law looks forward and not backwards)

EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS

1. When the offender shall commit an offense on a Philippine ship or airship.
2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and
securities issued by the Philippine government.

3. When the offender should be liable for the acts connected with the introduction into the Philippines of the
obligations and securities mentioned in number two.
4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise of his
functions.
5. When the offender should commit an offense against the national securities and the laws of nations.

CONSTRUCTION OF PENAL LAWS:

1. Penal laws are strictly construed against the state and liberally in favor of the accused 2. If
there is a conflict between the Spanish text and the English text, the Spanish text prevails.

ACT 3815 THE REVISED PENAL CODE

HISTORY OF THE RPC.

❖ The old Penal Code which took effect until December 31, 1931.

1
 ❖ Administrative Order 94 of the DOJ dated October 18, 1927
❖ Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes and Mariano De Joya
❖ RPC approved December 8, 1930
❖ RPC took effect January 1, 1932

THEORIES IN CRIMINAL LAW

1. Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of penalty is
retribution. Man is a moral creature with an absolute free will to choose between good and evil.
2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid phenomenon which
constrain him to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore by the
application of abstract principles of law or by the imposition of punishment.

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS:

1. English Rule- the crime is punishable in the Philippines, unless the crime merely affects things within the vessel.
2. French Rule- the crime is not triable in the courts of that country, unless their commission unless their commission
has effects on the safety of the coastal state.

Limitations on Congress to Enact Penal Laws

1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act done before the
passage of the law and which was innocent when done, and punishes such an act; it may also be defined as a
law which aggravates a crime, or makes it greater than it was, when committed.

2. No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment without trial.

3. No person shall be deprived of life, liberty or property without due process of law- The law must be fair and
reasonable and the accused must be given the opportunity to be heard and be accorded the rights to which he is
entitled.

4. Excessive fines shall not be imposed nor cruel or unusual punishment.

Article 1. Time when Act Takes effect- January 1, 1932

Art. 2. Application of its provisions . — Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code.
Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

2
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIES IN GENERAL:

1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or culpa.

Act- is any bodily movement tending to produce some effects in the external world.

Omission- inaction, the failure to perform an act one is bound to do.

EXTERNAL ACT vs. INTERNAL ACT

IMPRUDENCE VS. NEGLIGENCE

1. Imprudence usually involves lack of skill. Negligence usually involves lack of foresight.
2. Imprudence involves a deficiency of action. Negligence indicates a deficiency of perception.

REQUISITES OF DOLO OR MALICE

1. Freedom of action
2. Intelligence
3. Intent

REQUISITES OF FAULT OR CULPA

1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or lack of skill

Ignorantia legis non excusat-

Ignorantia facti excusat-

Mistake of fact- is a misapprehension of fact on the part of the person who caused injury to another. He is not
liable for absence of criminal intent.

REQUISITES OF MISTAKE OF FACT

1. The act would have been lawful had the facts been as the accused believed them to be.
2. The intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused

Case: U.S. vs. Ah Chong 15 Phil 488

People vs. Oanis 74 Phil 2571

Actus non facit reum nisi mens sit rea- the act itself does not make a man guilty unless his intention was so.

Actus me invito factus nonest meus actus- an act done by me against my will is not my act.

1 The accused both police officers were convicted of murder when both shot a notorious criminal while the latter was caught
sleeping on his bed. The two argued that the deceased was very dangerous. This argument was debunked.
3
 CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:

MALA IN SE MALA PROHIBITA

1. Those so serious as to call for unanimous Violations of mere rules of convenience
condemnation designed to secure a more orderly regulation of
society’s affairs
2. wrongful in nature 2. made wrongful only by statute
3. generally punished by the RPC 3. punished by special law
4. intent is necessary 4. intent not necessary

Motive- the moving power which impels one to action for a definite result. Intent is the purpose to use a particular
means to effect such result. Motive is not an element of a crime and need not be proved. Intent is an element and
must be proved.

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony ( delito) although the wrongful act done be different from that which
he intended.

2. By any person performing an act which would be an offense against persons or property, where it not
for the inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means.
Rationale of Par. 1- el que es causa de la causa es causa del mal causado - he who is the cause of the cause is the cause
of the evil caused.

Article 4 (1) may refer to either:

a. Error in personae- mistake in identity of victim

b. Aberratio Ictus- mistake in blow
c. Praeter Intentionem- result done is greater than that originally intended.

REQUISITES OF ART. 4 (1)

1. An intentional Felony has been committed.

2. The wrong done to the victim be the direct, natural and logical consequence of the felony committed by the
offender.
3. The felony done must be the proximate cause of the resulting injury . Proximate cause- is that cause which in the
ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury. Efficient
intervening cause- are those that break the relation of cause and effect. The felony committed is not the proximate
cause of the resulting injury when:
1. there is an active force that intervened between the felony committed and the resulting injury;
2. the resulting injury is due to the intentional act of the accused.

IMPOSSIBLE CRIMES- those crimes which would have been committed against person or property were it not for
the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means. The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies. The
penalty for impossible crime is arresto mayor or fine of P200-500 (Article 59).

REQUISITES OF IMPOSSIBLE CRIMES

1. The act performed would have been an offense against persons or property.
2. The act was done with evil intent
4
 3. Its accomplishment is inherently impossible because it the means either inadequate or ineffectual
4. The act does not constitute another violation of the RPC.

Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the
law, and in cases of excessive penalties. — Whenever a court has knowledge of any act which it may deem proper
to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be
made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement
as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the
degree of malice and the injury caused by the offense.

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are frustrated
and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it
is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence
but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than his
own spontaneous desistance. STAGES IN THE EXECUTION OF A FELONY

1. Consummated- when all the elements necessary for its accomplishment and execution are present
2. 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.
3. Attempted- when the offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.

DEVELOPMENT OF A CRIME

1. Internal acts- these are the mere ideas in the mind of a person
2. External acts- those that tends to produce an effect to the outside world.
a. Preparatory act- ordinarily not punishable.
b. Acts of execution- they are the stages. Already punishable.

ATTEMPTED FELONY REQUISITES

a. Offender commences the commission of a felony directly by overt acts

b. He does not perform all the acts of execution
c. He is not stopped by his own spontaneous desistance
d. The non-performance of the all acts of execution was due to cause or accident other than his own
spontaneous desistance.

When is a felony commenced by overt acts?

a. there must be external act;
b. the external act must have direct connection with the crime intended to be committed.

Case: People vs. Lamahang 61 Phil 703

5
 INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not certain

Case: People vs. Baleros 483 SCRA 102

PREPARATORY ACT vs OVERT ACT

Overt Act- some physical activity or deed more than a mere planning or preparation, which if carried out to its
complete termination following its natural course. Without being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and naturally ripen in a concrete offense.

Rational for spontaneous desistance: A sort of reward to those who heed the call of conscience and return to the
path of righteousness. But the desistance should be made before all the acts of execution are performed.

FRUSTRATED FELONY REQUISITES

1. Offender performs all the acts of execution

2. Felony is not produced
3. By reason of cause independent of the will of the perpetrator

Q: How to determine whether a crime is attempted, frustrated or consummated?

A: See the following:
a. the elements present
b. the nature of the offense
c. the manner of the commission of the crime

FORMAL CRIMES vs. MATERIAL CRIMES

Formal crimes are crimes consummated in one instant. There is only one stage and that is consummated stage. Material
crimes have three stages of execution, attempted, frustrated 3 and consummated.

Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated,
with the exception of those committed against person or property.

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in
the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to
commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or
persons.

2 Supreme Court said: “it would be too strained to construe petitioner’s act of pressing a chemical-soaked cloth in the mouth of
Malou which would induce her to sleep as an overt act that will logically and naturally ripen into concrete rape. Petitioner did not
commence at all the performance of any act indicative of an intent or attempt to rape Malou. It cannot be overemphasized that
petitioner was fully clothed and that there was no attempt on his part to undress Malou. For what reason petitioner wanted the
complainant unconscious, if that was really his immediate intention, is anybody’s guess.” His act of embracing and kissing
Malou, mashing her breast, inserting his hand inside her panty and touching her sexual organ, while obscene and detestable acts,
do not constitute attempted rape absent any showing that he actually commenced to force his penis into the complainant’s sexual
organ.
3 In People vs. Aca-ac 357 SCRA 373 the Court said: “For the consummation of rape perfect penetration is not essential. Any
penetration of the female organ by the male organ is sufficient. Entry of the labia or lips of the female organ, without rupture of the
hymen, is sufficient to warrant conviction. Taking into account the nature, elements, and manner of execution of the crime of rape
and jurisprudence on the matter, it is hardly conceivable how the frustrated stage in rape can ever be committed.
6
Conspiracy and Proposal to Commit a Felony- are punishable only in the cases in which the law specifically provides a
penalty therefore.

Cases where mere conspiracy is already punishable:

1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186) 5. Conspiracy to commit terrorism under RA 9372 6.
Conspiracy to commit arson under PD 1602.

Cases where mere proposal is already punishable:

1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or insurrection (Art. 136).

“Act of One is Act of All.”

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the
capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in
accordance with the above-mentioned Art..

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding
200 pesos or both; is provided.

PRINCIPAL PENALTIES

Capital Punishment: Death

Afflictive Penalties

Reclusion perpetua- 20 yrs.+1 day to 40 yrs.

Reclusion temporal- 12 yrs.+1 day-20 yrs

Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.

Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
Prision Mayor-6 yrs. + 1 day to 12 years

Correctional penalties

Prision correctional- 6 mos.+ 1 day to 6 yrs.

Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.

Light penalties:
Arresto menor- 1 day to 30 days
Public censure

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification

7
Suspension from public office, the right to vote and be voted for
Civil Interdiction
Indemnification
Forfeiture or confiscation of instrument sand proceeds of the offense Payment
of cost

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be
punishable
under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws,
unless the latter should specially provide the contrary.

Special Law- a law which defines and punishes act not found in the RPC

CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or author.
Responsibility- is the obligation of an offender in suffering the consequences of a crime.

JUSTIFYING CIRCUMSTANCE

Justifying circumstances- those where the act of a person is said to be in accordance with the law. As a
consequence he is freed from criminal and civil liability.

Enumerate the Justifying Circumstances:

1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.

Long (Complete) Version Short Version

1. Anyone who acts in defense of his person or rights Self Defense
2. Any one who acts in defense of the person or rights Defense of Relatives
of his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by
affinity in the
same degrees and those consanguinity within the fourth
civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance
are present, and the further requisite, in case the
provocation was given by the person attacked, that the
one making defense had no part therein.

3. Anyone who acts in defense of the person or rights Defense of Strangers

of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this
8
 article are present and that the person defending be not
induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, Avoidance of Greater Evil
does not act which causes damage to another, provided
that the following requisites are present:

First: That the evil sought to be avoided actually exists;

Second: That the injury feared be greater than that done

to
avoid it;

Third: That there be no other practical and less harmful

means of preventing it.
5. Any person who acts in the fulfillment of a duty or in Fulfillment of Duty
the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued Obedience to order
by a superior for some lawful purpose.

Q: Who has the burden to prove self defense?

A: The defense (accused)

REQUISITES OF SELF DEFENSE

1. Unlawful aggression;4
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending himself

Unlawful aggression- is assault or at least threatened assault of an immediate and imminent kind.

* When the aggressor flees, there is no more unlawful aggression

* But when he retreats to take advantage of a better position, unlawful aggression still exists * There is no
unlawful aggression when there is an agreement to a fight.
* Rights involved in self defense includes defense of honor and property.

Retreat to the wall doctrine Stand ground when in the right

1. An ancient common law rule in homicide
which made it the duty of a person assailed to
retreat as far as he can before he is justified in
meeting force with force
2. It is no longer followed in the Philippines
A rule which states that where the accused is
where he has the right to be, the law does not
require him to retreat when his assailant is
advancing upon him with a deadly weapon.
it is currently the rule in the Philippines

Case: People vs. Jaurigue 76 Phil 174

People vs. Apolinar 38 OG 2870 5

4 Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include defense of honor,
property and others of a kindred kind. Mere or light push is not unlawful aggression. So as insulting words or foot kick greeting..
But a slap on the face is unlawful aggression. The mere thrusting into one’s pocket as if for the purpose of drawing a weapon is
not unlawful aggression. Even the cocking of a rifle without aiming the firearm at any particular target is not unlawful
aggression.
9
* The belief of the accused is considered in determining the existence of unlawful aggression.
* But a mere threatening attitude is not unlawful aggression.
* Cases where the unlawful aggressor is disarmed
* The defender must not indiscriminately fire his weapon

TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE.6

1. Nature of the weapon used by the aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others7.

Provocation- any unjust or improper conduct on the part of the offended party capable of inciting or irritating any
one.

THINGS TO REMEMBER IN PROVOCATION :

1. There must be no provocation made by the one claiming self defense;

2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there is
self defense.

DEFENSE OF RELATIVES REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense had no part therein.

* Relatives by affinity are those created by marriage such as parents in law, sons and daughters in law
* Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the 2 nd civil
degree, whereas uncle and niece or aunt and nephew are within the 3 rd civil degree, first cousins are within the 4th
civil degree.

DEFENSE OF STRANGERS5 REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. The person defending be not induced by revenge, resentment or other evil motive.

AVOIDANCE OF GREATER EVIL REQUISITES

1. That the evil sought to be avoided actually exists;

2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

REQUISITES

5
The accused saw a man stealing a sack of palay from his Riceland. He shot the thief while running away. He
was convicted and made liable.

5 Strangers- are those not included in the enumeration of relatives in Art. 11 (2)
10
 6
Reasonable necessity of the means employed does not imply material commensurability between the means
of attack and defense. What the law requires is a rational equivalence, in the consideration of which will enter as
principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct more
than reason, that moves or impels the defense.
7
In People vs. Ubaldo 367 SCRA 432 the Supreme Court declared that the means used by the defender was
unreasonable, because the number of the gunshot wounds inflicted on the deceased shows that the means
employed were hardly reasonable at all. The nature and number of wounds inflicted upon the victim are important
indicia which disprove self defense. The multiple gunshot wounds inflicted upon the deceased show that appellant’s
act was not one of self defense, but was a determined and purposeful attack upon the victim.
1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due performance 6 of duty or the lawful exercise of such right or office.

Case: People vs. De Lima 46 Phil. 7387

DOCTRINE OF SELF HELP- states that the owner or the lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. Thus he may use such force as may be reasonably necessary to
repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429 Civil
Code)

OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES

1. A lawful order has been issued by a superior;

2. The means used by the accused subordinate to carry out said order is lawful

EXEMPTING CIRCUMSTANCES

Exempting Circumstances- are those grounds for exemption from punishment because there is wanting in the agent
of the crime any of the conditions which make the act voluntary or negligent.

ENUMERATE THE EXEMPTING CIRCUMSTANCES:

1. Imbecility; Insanity (unless the latter acted during a lucid interval)

2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

Long (Complete) Version Short Version

1. An imbecile or an insane person, unless the latter has acted Imbecility or Insanity
during a lucid interval.

When the imbecile or an insane person has committed an act

which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave

6 In Baxinela vs. People 485 SCRA 331, a policeman was held guilty when he shot at somebody who had a gun tucked around his waist. When he shot
the offended party the latter was not at all resisting. The shooting of the offended party cannot be considered due performance of a duty if at that time the
offended party posed no serious threat or harm to Baxinela or the civilians in the pub.
7 Here, a fugitive was escaping from a policeman. In order to prevent the continued and imminent escape of the fugitive, the policeman fired at the
fugitive. The Supreme Court acquitted the policeman, on the ground that the killing was done in the fulfillment of duty. But in People vs. Lagata, a jail
guard shot to death a prisoner whom he thought was escaping. The Supreme Court affirmed the conviction of the jail guard for homicide because the
facts showed that the prisoner was not at all trying to escape. The SC said that the jail guard could only fire at the prisoner in self defense or if
absolutely necessary to avoid his escape.
11
without first obtaining the permission of the same court.
2. A person under nine years of age. (Repealed by RA 9344) Minority
3. A person over nine years of age and under fifteen, unless he Minority
has acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of
this Code. (Repealed by RA 9344)
4. Any person who, while performing a lawful act with due care, Accident
causes an injury by mere accident without fault or intention of
causing it.
5. Any person who act under the compulsion of irresistible force. Irresistible Force
6. Any person who acts under the impulse of an uncontrollable Uncontrollable Fear
fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when Lawful or Insuperable Cause
prevented by some lawful insuperable cause.

Imbecile- One who is old but has a mental development similar to children between the ages 2-7 years.

Insanity8- one which exists when there is a complete deprivation of intelligence in committing the criminal act, that
is the accused is deprived of reason and acts without the least discernment.

Q: who has the burden to prove insanity?

A: Defense (Accused)

INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF TRIAL

Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the
consequences of his felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances9

REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM
(Juvenile Justice and Welfare Act of 2006)

Child in Conflict with the Law- a child who is accused or adjudged of having committed an offense.

Initial contact with the child- refers to the apprehension of a child in conflict with the law by officers or private
citizens.

Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty for
committing similar acts. Examples are: curfew violations, truancy, parental disobedience.

Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission
of the offense shall be exempt from criminal liability.

8 The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the term
insanity. However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a cause for
exemption for lack of criminal intent.
9 Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal of the evidence, or his
utterances and or overt acts before, during and after the commission of the crime.
12
 A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to intervention
program unless he has acted with discernment.

Section 58 of the same law says: Persons below 18 years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619.

ACCIDENT REQUISITES

1. A person performs a lawful act;

2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.

Case: US vs. Taneo 15 Phil 19610

IRRESISTIBLE FORCE

Irresistible force- a force which produces such an effect upon an individual that, in spite of all resistance, it reduces
him to a mere instrument and as such incapable of committing a crime

UNCONTROLLABLE FEAR

The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by means of threat or
intimidation by a third person to commit a crime.

LAWFUL OR INSUPERABLE CAUSE

ABSOLUTORY CAUSES

1. Art 247. Death or physical injuries under exceptional circumstances

2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace officer induces a person to commit a crime. Without the
inducement, the crime would not be committed. It exempts one from criminal liability.

ENTRAPMENT vs. INSTIGATION

ENTRAPMENT INSTIGATION
1. Ways and means are resorted to for the Here, the police practically induces the accused
purpose of trapping and capturing the into the commission of the offense and he
lawbreaker in the execution of his plans himself becomes a co-principal
2. The intent to violate the law originated from The intent to violate the law did not originate
the accused himself from the accused as he was induced only by
the police to perform a criminal act
3. Not an absolutory cause hence does not An absolutory cause that exempts one from

10 Here the accused was aiming his gun towards a wild chicken. However the bullet ricochets and hit a bystander. The accused
was exempted based on the defense of accident.
13
 exempt from criminal liability criminal liability

PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542 ( BATTERED WOMAN SYNDROME)

Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in
order to do something he wants her to do without concern for her rights. It includes wives or woman in any form of
intimate relationship with a man. The couple must go through the battering cycle at least twice.

Q: What are the cycles of violence in BWS?

A: 1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality, destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving caring nurture to the victim.

The Juan Luna Parricide Incident

MITIGATING CIRCUMSTANCES

Mitigating circumstances-those which if present in the commission of a crime, do not entirely free the actor from criminal
liability but reduces only the penalty.

ENUMERATE THE MITIGATING CIRCUMSTANCES

1. Incomplete justifying or exempting circumstance

2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects 9. Illnesses which diminish will power
10. Analogous circumstances.

Long (Complete) Version Short Version

1. Those mentioned in the preceding chapter, when all the Incomplete Justifying or
requisites necessary to justify or to exempt from criminal liability in Incomplete Exempting
the respective cases are not attendant. 11 Circumstances
2. That the offender is under eighteen year of age or over seventy Minority (Under 18)
years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of Art. 80. (Correlate with RA
9344)
3. That the offender had no intention to commit so grave a wrong Praeter Intentionem
as that committed.

11 The penalty would be one or two degrees lower in the period which the court may consider proper than that prescribed by law,
provided majority of the conditions are present (Article 69).
14
 4. That sufficient provocation or threat on the part of the offended Sufficient Provocation or
party immediately preceded the act. Threat
5. That the act was committed in the immediate vindication of a Vindication
grave offense to the one committing the felony ( delito), his spouse,
ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to Passion or Obfuscation
have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a Voluntary Surrender or
person in authority or his agents, or that he had voluntarily Voluntary Confession of
confessed his guilt before the court prior to the presentation of the Guilt
evidence for the prosecution.
8. That the offender is deaf and dumb, blind or otherwise suffering Physical Handicapped or
some physical defect which thus restricts his means of action, Defects
defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the Other Illnesses
will-power of the offender without however depriving him of the
consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and Analogous Circumstances
analogous to those above mentioned.

ORDINARY MITIGATING CIRCUMSTANCES vs. PRIVILEGED MITIGATING CIRCUMSTANCES

NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED

Q: How to determine the lack of grave intention to commit the offense?

A: Consider the following:
a. the weapon used
b. nature of the injury
c. part of the body targeted

This mitigating circumstance is invocable only in felonies resulting in some physical harm like physical injuries,
homicide etc.

SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY PRECEDED THE ACT

Case: People vs. Marquez 53 Phil 26012

IMMEDIATE VINDICATION OF A GRAVE OFFENSE

PROVOCATION vs. IMMEDIATE VINDICATION

PROVOCATION VINDICATION
1. Provocation is made only to the person In vindication, the grave offense may be
committing the felony committed against the spouse, the ascendants,
descendants, brothers or sisters or relatives by
affinity within the same degree of the offender.
2. In provocation the provocation need not be In vindication, the offended party must have

12 The accused husband saw a shadow of a man jumping down from the window of his house where his wife was at the time.
Upon confronting his wife as to who was that man, the wife immediately begged for pardon. The husband did an offense against
the wife. The husband was convicted but in his favor, the mitigating circumstance of “immediate provocation” was considered.
15
 grave done a grave offense to the offender or his
relatives
3. In provocation, the provocation or threat 3. In vindication, the vindication of the grave
must immediately preceded the act offense may be proximate, which admits of
interval of time between the commission of the
grave offense and the commission of the crime
by the accused.

PASSION OR OBFUSCATION REQUISITES:

1. There is an act unlawful and sufficient to produce passion or obfuscation;

2. The act which produced such emotion must not be far removed from the commission of the crime, during which
the accused might recover his normal equanimity

VOLUNTARY SURRENDER

* Voluntary surrender must be made to a person in authority or his agents

* A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of the accused to
surrender voluntarily to the authorities either because he acknowledges his guilt or wishes to save the authorities the
expenses incurred in his search.

VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES

1. It must be made in open court

2. It must be made prior to the presentation of evidence of the prosecution

DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS

ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL POWER

OTHER ANALOGOUS CASES

AGGRAVATING CIRCUMSTANCES

Aggravating Circumstances- are those which if attendant in the commission of the offense, would serve to increase the
penalty.

ENUMERATION OF AGGRAVATING CRCUMSTANCES:

1. Advantage of public position

2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of
religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc

16
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty

Long (Complete) Version Short Version

1. That advantage be taken by the offender of his public Taking advantage of public
position.. position
2. That the crime be committed in contempt or with insult to In contempt or insult of
the public authorities. authorities
3. That the act be committed with insult or in disregard of Disregard of rank, age or
the respect due the offended party on account of his rank, sex
age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or Abuse of confidence or
obvious ungratefulness. obvious ungratefulness
5. That the crime be committed in the palace of the Chief In presence of President,
Executive or in his presence, or where public authorities are or place dedicated to
engaged in the discharge of their duties, or in a place religious worship, or place
dedicated to religious worship. where
authorities do their duties
6. That the crime be committed in the night time, or in an Nightime, uninhabited
uninhabited place, or by a band, whenever such place, band
circumstances may facilitate the commission of the offense.
7. That the crime be committed on the occasion of a Calamity or misfortune
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.
8. That the crime be committed with the aid of armed men Aid of armed men
or persons who insure or afford impunity.
9. That the accused is a recidivist. Recidivism

A recidivist is one who, at the time of his trial for one crime,
shall have been previously convicted by final judgment of
another crime embraced in the same title of this Code.
10. That the offender has been previously punished by an Reiteracion or habituality
offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price, Price reward or promise
reward, or promise.
12. That the crime be committed by means of inundation, Inundation, fire, poison etc.
fire, poison, explosion, stranding of a vessel or international
damage thereto, derailment of a locomotive, or by the use
of any other artifice involving great waste and ruin.
13. That the act be committed with evident premeditation. Evident premeditation
14. That the craft, fraud or disguise be employed. Craft, fraud or disguise
15. That advantage be taken of superior strength, or means Advantage of

17
 be employed to weaken the defense. superior strength or
means to weaken the
defense
16. That the act be committed with treachery (alevosia). Treachery

There is treachery when the offender commits any of the

crimes against the person, employing means, methods, or
forms in the execution thereof which tend directly and
specially to insure its
execution, without risk to himself arising from the defense
which the offended party might make.
17. That means be employed or circumstances brought Ignominy
about which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. Unlawful entry
There is an unlawful entry when an entrance of a crime a
wall, roof, floor, door, or window be broken
19. That as a means to the commission of the crime a wall, Broken wall, roof, floor etc.
roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons Aid or persons under 15
under fifteen years of age or by means of motor vehicles, years old or use of motor
motorized watercraft, airships, or other similar means. vehicle
21. That the wrong done in the commission of the crime be Cruelty
deliberately augmented by causing other wrong not
necessary for its commissions.

ADVANTAGE OF PUBLIC POSITION

13
Case: Fortuna vs. People 15 December 2000 348 SCRA 270

IN CONTEMP OF OR WITH INSULT TO PUBLIC AUTHORITIES

INSULT OR DISRESPECT OF THE RANK, AGE OR SEX

* This aggravating circumstance is applicable only in crimes against honor or persons

CRIME COMMITTED IN THE DWELLING OF THE OFFENDED PARTY

ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS

PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES WHERE PUBLIC AUTHORITIES ARE ENGAGED IN DUTIES,
OR PLACE OF RELIGIOUS WORSHIP.

NIGHTIME- that period of darkness beginning at end of dusk and ending at dawn..

* Not aggravating if crime commenced in daytime

* If the locus criminis is lighted no aggravating of nighttime

13 Here, the police officers used their position to execute a sort of “hulidap” against the victims.
18
UNINHABITED PLACE- one where there are no houses or where the houses are scattered at a great distance from each
other

BAND- whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall
be deemed to have been committed by a band.

Q: When is nightime, uninhabited place and band aggravating?

A: 1. When the offender took advantage thereof for the purpose of impunity
2. When specially sought for by the offender to insure the commission of the crime
3. When it facilitated the commission of the crime.

ON THE OCCASION OF CONFLAGRATION, SHIPWECK, EARTHQUAKE OTHER CALAMITY OR MISFORTUNE AID OF ARMED
MEN/AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY

RECIDIVIST- one who at the time of his trial for one crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised Penal Code.

OFFENDER HAS BEEEN PREVIUOSLY PUNISHED FOR:

1. An offense to which the law attaches an equal or greater penalty or
2. For two or more crimes to which it attaches a lighter penalty

* This aggravating circumstance is known as REITERATION.14

PRICE REWARD OR PROMISE

INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL, DERAILMENT OF LOCOMOTIVE OR USING

ANY ARTIFICE INVOLVING GREAT WASTE AND RUIN

EVIDENT PREMEDITATION- it involves a determination to commit the crime prior to the moment of its execution and
also to carry out the criminal intent which must be the result of deliberate, calculated and reflective thoughts through
a period of time sufficient to dispassionately consider and accept the consequences thereof, thus indicating greater
perversity

Q: What is the essence of evident premeditation?

A: The essence of evident 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.

Q: What are the requisites of evident premeditation?

A: 1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination;
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his will.

* The latest ruling is that premeditation is not aggravating when the victim is different from that intended 15

14 There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration or habituality c.
habitual delinquency and d. quasi recidivism
15 People vs. Ventura 5 July 2004 433 SCRA 389. However, if it is shown that the conspirators wee determined to kill not only
the intended victim but also anyone who may help put a violent resistance, then evident premeditation will be appreciated.
19
 CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It
is the use of intellectual trickery and cunning on the part of the accused.

FRAUD- insidious words or machinations used to induce the victim to act in a manner which would enable the
offender to carry out his design.
DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the commission of the crime.

USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO WEAKEN THE DEFENSE.

TREACHERY16- there is treachery when the offender commits any of the crimes against the person, employing
means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without
risk to himself arising from the defense which the offended party might make.

IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury
caused by the crime. It is a circumstance that tends to make the effects of the crime more humiliating, thus adding
to the victim’s moral sufferings.

Case: People v. Bumidang: 04 Dec. 2000 346 SCRA 80717

People vs. Siao- 3 march 2000 327 SCRA 269 18

UNLAWFUL ENTRY- there is unlawful entry when an entrance is affected by a way not intended for the purpose.

▪ WALL, ROOF, FLOOR, DOOR OR WINDOW BE BROKEN

▪ AID OF PERSONS UNDER 15 YEARS OF AGE
▪ USE OF MOTOR VEHICLES,19 AIRSHIPS OR OTHER SIMILAR MEANS

CRUELTY- a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of his criminal act.

Case: People vs. Guerrero 19 September 2002 389 SCRA 389 20

* Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating circumstance if
murder or homicide was committed with the use thereof. But if the unlicensed firearm is used in the commission of
any crime21, there can be no separate offense of illegal possession of firearm.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCE22:

16 In People vs. Jarolon 404 SCRA 564, SC said: The killing of a minor who, because of their tender age, could not be expected
to put up a defense, is considered attended with treachery even if the manner of the attack is not shown. The killing is hence,
qualified to murder. Also treachery may also be appreciated in the crime of robbery with homicide although this complex crime
is predominantly a crime against property.
17 The accused used a flashlight and examined the genital of the rape victim before raping her.
18 Here the accused raped the victim doggie style
19 If the motor vehicle is used only for escaping there is no aggravating circumstance.
20 It was intimated by the Supreme court that there would have been cruelty had the victim’s penis was cut-off by the offender
prior to the victim’s actual killing. In this case the cutting off the penis was considered as outraging or scoffing at ones corpses
under par. 5 Article 248.
21 Such as alarms and scandals or slight physical injuries punishable by arresto menor.
22 Under the new rules on criminal procedure, the qualifying and aggravating circumstances must be alleged in the information.
Otherwise they may not be appreciated. However in cases where they are not alleged, they may nevertheless, be considered in
the award of damages.
20
 1. Generic- generally applies to all crimes.
2. Inherent- that must necessarily accompany the commission of a crime 3. Qualifying- that
which changes the nature of the crime
4. Specific- Those that apply only to a particular crime.

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its
commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse,
ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees
of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender
has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit
said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

Alternative Circumstance- are those which must be taken into consideration as aggravating or mitigating according to
the nature and effects of the crime and the other conditions attending its commission. Q: What are the three
alternative circumstances?
A: 1. Relationship23
2. Intoxication
3. Degree of instruction and education of the offender.

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.

WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE?

(Degree of participation)
1. Principals
2. Accomplices
3. Accessories

* Active and Passive Subject of the crime

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

23 Relationship is aggravating in crimes against persons when the parties are of the same level such as a brother killing a brother.
21
 3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.
THREE CLASSIFICATIONS OF PRINCIPALS

1. Those who take a direct part in the execution of the act.

2. Those who directly forced or induced others to commit it
3. Those who cooperate in the commission of the offense by another act without which it would not have been
accomplished

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the
execution of the offense by previous or simultaneous acts.

WHO/WHAT IS AN ACCOMPLICE?

Accomplices- are those persons who not being principals, cooperate in the execution of an offense by previous or
simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the
following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.

2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of
some other crime.
Art. 20. Accessories who are exempt from criminal liability . — The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of the next preceding article.

WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY?

The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the same degree. (Note:
Except paragraph one)

Penalty- is the suffering inflicted by the State for the transgression of the law.

JURIDICAL CONDITIONS OF PENALTY

1. Must be commensurate with the offense- different crimes have different penalties under the law.
2. Must be personal- A person should be held accountable for his own actions. No person should be punished for the
crime of another
3. Certain- No person must escape the penalty.
4. Legal- The penalty must be in accordance with the law

JUSTIFICATION FOR THE IMPOSITION OF PENALTY

1. Exemplarity- to serve as an example to others and deter them from emulating the criminal.
2. Justice- Criminal is punished as an act of retributive justice.
3. Prevention- To suppress or prevent the danger to the State of the acts of the criminal.

22
 4. Reformation- Under the modern concept of correction the criminal is punished in order to rehabilitate or reform him.
5. Self Defense- To protect the society against the threats and actions of the criminals.

LIFE IMPRISONMENT vs. RECLUSION PERPETUA

LIFE IMPRISONMENT RECLUSION PERPETUA
1. does not have specific duration Has duration of 30 years after which convict
becomes pardonable but the maximum period
shall not exceed 40 years.

2. imposed for violations of special laws Imposed for violations of felonies punishable
under the Revised Penal Code

3. does not have accessory penalties Has accessory penalties

Q: What penalty may be imposed by the state? (Prospective character)

A: No felony shall be punishable by any penalty not prescribed by law prior to its commission (Art.21)

Q: When may penal laws have retroactive effects?

A: Penal laws shall have retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal
(art. 22)

Q: What is the effect of pardon by the offended party?

A: A pardon by the offended party does not extinguish criminal action except as provided in article 344. But civil liability
with regard to the interest of the injured party is extinguished by his express waiver (Art.23)

Q: When is fine afflictive, correctional or light in character?

A: 1. It is afflictive if it exceeds P6000.
2. It is correctional if it does not exceed P6000 but is not less than P200
3. It is light if it is less than P200.

Q: Explain the concept of preventive imprisonment.

A: 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:
1. when they are recidivist, or have been convicted previously twice or more times of any crime;
2. when upon being summoned for the execution of their sentence they failed to surrender voluntarily.
(Article 29)
Note: An accused undergoes preventive imprisonment when the offense charged is non bailable or even if
bailable he cannot furnish the required bail. Now if an accused 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 4/5 of the time
during which he has undergone preventive imprisonment.

Q: What is civil interdiction?

A: It is an accessory penalty which has the effects of depriving the offender during the time of his sentence of the
rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of
the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter
vivos.

Q: What is bond to keep the peace?

A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present two sureties who
shall undertake that such person will not commit the offense sought to be prevented, and in case such offense be
committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in
23
 the office of the clerk of court to guarantee said undertaking. If the person sentenced fail to give the bond as
required he shall be detained for a period not exceeding six months if he shall have been prosecuted for grave or
less grave felony, and shall not exceed thirty days, if for a light felony.

Q: What is the effect of pardon (by the President)?

A: 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. It shall also not exempt the culprit from the payment of the
civil liability imposed upon him by the sentence.

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. A pardon
may either be a conditional or absolute.

LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT

1. Pardon can be exercised only after conviction;

2. This power cannot be extended to cases of impeachment
3. No pardon involving violations of elections laws, shall be granted without the favorable recommendation of
the Comelec.

PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY

PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY

1. Extinguishes the criminal liability of the
offender
2. It does not include the civil liability to pay
3. Granted only after conviction
It does not extinguish the criminal liability of
the offender
The offended party can waive the civil liability
of the offender
Must be made before the institution of the
criminal action in cases where the law allows
pardon by the offended party. Also it must be
extended to both offenders.

ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES OF THE OFFENDER:

1. Reparation of the damage caused

2. Indemnification of consequential damages
3. The fine
4. Cost of the proceedings (Art.38)

Q: What is subsidiary imprisonment/penalty?

A: It is a personal liability to be suffered by the convict who has no property to pay the fine at the rate of one day
for each eight pesos. (Art. 39)

RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT

1. When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be impose.
2. If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall not exceed 1/3 of
the term of the sentence, and in no case shall it continue for more than one year
3. When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the offender is
prosecuted for grave or less grave felonies, and shall not exceed 15 days if for a light felony.
4. The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his financial
circumstances should improve. (Art.39)

24
Note: Articles 40-44 are merely enumeration of accessory penalties for each penalty.

Q: What is to be done to the proceeds or instrument of a crime?

A: Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime
and the instruments or tools with which it was committed. They shall be forfeited in favor of the Government, unless
they be the property of a third person not liable for the offense, but those articles which are not subject of lawful
commerce shall be destroyed. (Art.45)

Q: What is a complex crime?

A: There is a complex crime when a single act constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other. (In which case the penalty for the more serious crime shall
be imposed in its maximum period-Art 48). 24

TWO KINDS OF COMPLEX CRIMES:

1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito compuesto)

2. When an offense is a necessary means of committing the other- (complex crime proper or delito complejo)

Plurality of crimes- consist in the successive execution by one individual of different criminal acts upon which no
conviction is yet declared. It could either be formal or ideal plurality of which art. 48 is the best example, that is
there is only one criminal liability or real or material plurality where there are different crimes in the eyes of the law
and in the conscience of the offender. Hence in real or material plurality the offender is punished for each and every
offense that he committed.

Q: What is a continuing/continued/continuous crime?

A: It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous,
unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force, however long
time it may occupy.

COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE25

Consummated Frustrated Attempted

Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4

Article 71 RPC. Graduated Scale

SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto Mayor

24 Our rules on complex crime follow the pro reo principle

25 This is a summary of the rules established in articles 50-57 RPC. A degree is one whole penalty or one entire penalty as
enumerated in the graduated scale in article 71. on the other hand, a period is one of the three equal portions which are known as
the minimum, medium and maximum.
25
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine

SCALE NO.2

1. Perpetual absolute disqualification

2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession or
calling
4. Public censure
5. Fine

ARTICLE 62 REVISED PENAL CODE

1. Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are
included by law in defining a crime and prescribing the penalty therefore shall not be taken into account for
the purpose of increasing the penalty.

a. When in the commission of a crime advantage was taken by the offender of his public position, the
maximum penalty shall be imposed regardless of mitigating circumstances.
b. The maximum penalty shall be impose if the offense was committed by any person who belongs to an
organized/syndicated group. An organized or syndicated group means a group of two or more persons
collaborating, confederating, or mutually helping one another for the purpose of gain in the commission of a
crime.
2. Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from his
private relations with the offended party, or from any other personal cause, shall serve only to aggravate or
mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are
attendant.

The circumstances which consist in the material execution of the act, or in the means employed to accomplish
it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge of them at the time
of the execution of the act or their cooperation therein.

Q: Who/What is a habitual delinquent?

A: 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, robo, hurto, estafa, or falsification, he is
found guilty of any of said crimes a third time or oftener.

PENALTY TO BE IMPOSE UPON A PERSON UNDER 18 YEARS OF AGE (Art. 68)

1. 9-15 = a discretionary penalty is imposed but always lowered by 2 degrees than that prescribed by law for
the crime he committed

2. Over 15 but under 18= a penalty next lower than that prescribed by law but always in the proper period.

Q: What is the rule on successive service of sentence?

A: When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the
penalties will permit so, otherwise the order of their respective severity shall be followed so that they maybe
executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty first
imposed or should they have been carried out(Art. 70).

26
 Q: Enumerate the proper order of severity of penalty from the highest to the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for, profession
12. Public censure

Q: What is the three fold rule in the service of sentence?

A: According to this rule, the maximum duration of the convict’s sentence shall not be more than threefold the
length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he
may be held liable shall be inflicted after the sum of those imposed equals the said maximum period. Such
maximum period shall in no case exceed forty years.

Q: What is a complex penalty?

A: It is a penalty prescribed by law composed of three distinct penalties, each forming a period, the lightest of them
shall be the minimum, the next the medium, and the most severe the maximum period.( ex. Reclusion Temporal to
Death)

Note: Articles 81-85 are provisions that have something to do with the death penalty. These provisions have no
longer any relevance except for academic purposes by reason of the enactment of RA 9346-An Act Prohibiting the
Imposition of the Death Penalty.26

Q: Give the concept of the penalty of destierro.

A: Any person sentenced to destierro shall not be permitted to enter the places designated in the sentence, nor
within the radius therein specified, which shall not be more than 250 and not less than 25 kilometers from the place
designated. If he does he may be held liable for Evasion of service of sentence under article 157 RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING:

1. Death or Serious Physical injuries inflicted under exceptional circumstances

2. When a person fails to give a bond for good behavior (Art. 284)
3. Penalty for concubine in concubinage ( Art. 334)

Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the house of the
defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking
into consideration the health of the offender and other reasons which may seem satisfactory to it.

There must be a court statement that the accused serve the sentence in his house. The grounds could be for health reasons,
and others (humanitarian)
MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89)

26 Under art 83- the death sentence shall be suspended when the woman is pregnant and within one year after delivery. Also the
death sentence shall not be inflicted upon a person over 70 years of age. Under article 85 it is prohibited to bury the dead body of
a person legally executed with pomp, otherwise the offenders are liable under article 153 on tumults and disturbances. But again,
these provisions no longer have any application. In retrospect it used to be that the Supreme Court automatically reviews the
decision of lower courts, whenever they imposed the penalty of death, reclusion perpetua or life imprisonment. However on July
7, 2004 in the case of People vs. Mateo, the Supreme Court said that such review should be undertaken by the Court of
Appeals first in pursuant to the hierarchy of courts doctrine.
27
1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is extinguished only when the
death of the offender occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely
exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject
to trail but not yet convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of a
certain time.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final sentence after the
lapse of a certain time.

7. Marriage of the offended party under Article 344 RPC

AMNESTY vs PARDON

AMNESTY PARDON
Made by the President with the concurrence of Made by the President alone
Congress
Usually extended to political crimes Extended to any type of crime
May be extended even before conviction or May be given only after final conviction
before trial
Looks backward Looks forward

PRESCRITION OF CRIMES

PENALTY PRESCRIBES IN..

1. death, reclusion perpetua and reclusion 20 years
temporal

2. other afflictive penalties (prision mayor and 15 years

DQ.)

3. punishable by correctional penalty (prision 10 years

correctional, suspension, destierro)

4. arresto mayor 5 years

5. libel 1 year
6. oral defamation and slander by deed 6 months
7. other light offenses 2 months

Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day
on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by
the filing of the complaint or information, and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
* The period of prescription shall commence to run from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or
28
 information, and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. It shall not run when the
offender is absent from the
Philippines (Art.91)

PRESCRIPTION OF PENALTIES27

PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

* Prescription of penalties shall commence to run from the date when the culprit should evade the service of
his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some
foreign country with which the government has no extradition treaty, or should commit another crime before the
expiration of the period of prescription (Art.93)

MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. By conditional pardon- a contract between the president and the convict the former will release the latter upon
compliance with certain conditions.
2. By commutation of sentence- it is the reduction of the period of imprisonment of the offender or the amount of the
fine.
3. For good conduct time allowance- are deductions from the term of the sentence for good behavior of the convicted
prisoner.
4. Parole- consists of the suspension of the sentence of a convict after serving the minimum term of the indeterminate
penalty.

Q: Who gives good conduct time allowance?

A: Director of Prisons.

Years of good behavior Allowance earned

1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month

Q: What is the special allowance for loyalty?

A: It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the service of his sentence
under the circumstances in art. 158 RPC, gives himself up to the authority within 48 hours following the issuance of
a proclamation announcing the passing away of the calamity.

Q: What is article 100 of the Revised Penal Code?

A: It says” every person criminally liable for a felony is also civilly liable.

27 To be operational, the prisoner must escape. One who has not been committed to prison cannot be said to have escaped
therefrom. See Del Castillo vs. Torrecampo 394 SCRA 221
29
Art. 102. Subsidiary civil liability 28 of innkeepers, tavern keepers and proprietors of establishments- In default of
persons criminally liable, innkeepers, tavernkeeprs, and any other persons or corporations shall be civilly liable for
crimes committed in their establishments, in cases where a violation of municipal ordinances or some general or
special police regulations shall have been committed by them or their employees.

Innkeepers are also subsidiary liable for the restitution of goods taken by robbery or theft within their houses
from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in
advance the innkeepers himself, or the person representing him, of the deposit of such goods within the inn, and
shall furthermore have followed the directions which such innkeepers or his representative may have given them
with respect to the care and vigilance over such goods. No liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by the innkeepers’ employees.

Art. 103. Subsidiary civil liability of other persons- The subsidiary liability established in the next preceding article
shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.

Art. 104. What is included in civil liability-

1. Restitution
2. Reparation of damage caused

3. Indemnification of consequential damage

Art. 105. Restitution how made- The restitution of the thing itself must be made whenever possible, with allowance
for any deterioration or diminution of value.

The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it
by lawful means, saving to the latter his action against the proper person who may be liable to him.

Art. 106. Reparation- The court shall determine the amount of damage, taking into consideration the price of the
thing, and its special sentimental value to the injured party.

Art. 107. Indemnification- Indemnification of consequential damages shall include not only those caused the injured
party, but also those suffered by his family or by third person by reason of the crime.
Modes of Extinction of Civil Liability- Civil liability is extinguished in the same manner as other obligations, in
accordance with the provisions of the Civil Code namely:

1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).

SPECIAL PENAL LAWS RELATED TO BOOK ONE

Republic Act No. 8294 - June 6, 1997

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING
THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF

28 Proof of due diligence of the employer in the selection and supervision of employees is not a defense on the part of the
employer and will not free him from subsidiary liability.
30
 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."

Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

Sec. 1. xxxxxxx

"If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of
rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an
element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat. (Doctrine of
Absorption)

"The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed
firearm outside his residence without legal authority therefor."

Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:

"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. – The

penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty
thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture,
assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other
explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect on contiguous objects or causing injury or
death to any person.

"When a person commits any of the crimes defined in the Revised Penal Code or special laws with
the use of the aforementioned explosives, detonation agents or incendiary devices, which results in
the death of any person or persons, the use of such explosives, detonation agents or incendiary
devices shall be considered as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of
rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an
element of the crimes of rebellion, insurrection, sedition or attempted coup d'etat.

Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm shall include:

1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of the crime.

RA 9165

COMPREHENSIVE DANGEROUS DRUGS LAW OF 2002

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers . – Any person convicted for
drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential Decree No. 968, as amended.

Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the
Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for the
31
use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender,
and the application of the penalty provided for in the Revised Penal Code shall be applicable.

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized by
the same penalty prescribed for the commission of the same as provided under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous
drug and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e)

Cultivation or culture of plants which are sources of dangerous drugs.

Section 98. Limited Applicability of the Revised Penal Code . – Notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of
this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be reclusion perpetua to death.

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SECTION 3. Definition of Terms.- As used in this Act,

(a) "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 relationship, 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. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her

child as a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of physical or
other harm or coercion;

c) Prostituting the woman or child.

32
 C. "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, repeated verbal
abuse and mental infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in

any legitimate profession, occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to

the use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome " refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse. (d) "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 or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis
during the course of the relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing
of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.

SECTION 5. Acts of Violence Against Women and Their Children .- The crime of violence against women and their children
is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
33
 (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or
compelling the woman or her child to engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children insufficient financial
support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal
or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman's child/children.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such court in
the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or
any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary
relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to
34
independently regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order
(BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner and any designated family or
household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement officer to
accompany the petitioner to the residence of the parties to ensure that the petitioner is safely
restored to the possession of the automobile and other essential personal effects, or to supervise the
petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage
of the income or salary of the respondent to be withheld regularly by the respondent's employer for
the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any
delay in the remittance of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon
and order him to surrender the same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on the offender and take appropriate action on
matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide
for the safety of the petitioner and any designated family or household member, provided petitioner
and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.

35
 The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos
(P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs)
refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts
under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If
the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the
BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for
thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration
of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff
who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of
the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by
the court after notice and hearing.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is
issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will
not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case
exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which
may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense . – Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of
any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the
time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their
children as herein defined, any person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the
safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

36
 PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or
both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following
acts:

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery, misrepresentation,
deceit, intimidation, force or threats;

(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases;

(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal laws in
order to prevent his arrest prosecution and conviction;

(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or
the execution of a judgment, or concealing his true name and other personal circumstances for the
same purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official proceedings
in, criminal cases;

(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to prevent
such person from appearing in the investigation of, or official proceedings in, criminal cases, or
imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases;

(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies
from apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to mislead
the investigator or to the court.

Republic Act No. 9346

June 24, 2006

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY

IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight
Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal
Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise
37
known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death
penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of
the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the
Indeterminate Sentence Law, as amended.

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: 1. the Revised Penal 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: 2. 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:

1. persons convicted of offenses punished with death penalty or life-imprisonment;
2. to those convicted of treason, conspiracy or proposal to commit treason;
3. to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy;
4. to those who are habitual delinquents; to those who have escaped from confinement or evaded sentence;
5. to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof;
6. to those whose maximum term of imprisonment does not exceed one year,
7. not to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5
hereof.

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976.

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.
38
 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 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 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;

39
 (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;

(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.

40
 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.

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.

REPUBLIC ACT NO. 8491

AN ACT PRESCRIBING THE CODE OF THE NATIONAL FLAG, ANTHEM, MOTTO, COAT-OF-ARMS AND OTHER HERALDIC
ITEMS AND DEVICES OF THE PHILIPPINES.

Section 1. Short title. — This Act shall be known as the "Flag and Heraldic Code of the Philippines."

Flag Days

41
Sec. 26. The period from May 28 to June 12 of each year is declared as Flag Days, during which period all offices,
agencies and instrumentalities of government, business establishments, institutions of learning and private homes
are enjoined to display the flag.

Prohibited Acts

Sec. 34. It shall be prohibited:

a) To mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or
ridicule upon the flag or over its surface;

b) To dip the flag to any person or object by way of compliment or salute;

c) To use the flag:

1) As a drapery, festoon, tablecloth;

2) As covering for ceilings, walls, statues or other objects;
3) As a pennant in the hood, side, back and top of motor vehicles;
4) As a staff or whip;
5) For unveiling monuments or statues; and
6) As trademarks, or for industrial, commercial or agricultural labels or designs.

d) To display the flag:

1) Under any painting or picture;

2) Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely; 3) Below any
platform; or
4) In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or
where frivolity prevails.

e) To wear the flag in whole or in part as a costume or uniform;

f) To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the
flag;

g) To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of
merchandise;

h) To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices
of international organizations;

i) To use, display or be part of any advertisement or infomercial; and

j) To display the flag in front of buildings or offices occupied by aliens.

Sec. 35. The National Anthem is entitled Lupang Hinirang.

Sec. 36. The National Anthem shall always be sung in the national language within or without the country. The
following shall be the lyrics of the National Anthem:
Bayang magiliw,
Perlas ng Silanganan
Alab ng puso,
Sa Dibdib mo'y buhay.

42
 Lupang Hinirang,
Duyan ka ng magiting,
Sa manlulupig,
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang tula,
At awit sa paglayang minamahal.
Ang kislap ng watawat mo'y
Tagumpay na nagniningning,
Ang bituin at araw niya,
Kailan pa ma'y di magdidilim,
Lupa ng araw ng luwalhati't pagsinta,
Buhay ay langit sa piling mo,
Aming ligaya na pag may mang-aapi,
Ang mamatay ng dahil sa iyo.

Sec. 37. The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical
arrangement and composition of Julian Felipe.

Sec. 38. When the National Anthem is played at a public gathering, whether by a band or by singing or both, or
reproduced by any means, the attending public shall sing the anthem. The singing must be done with fervor.

As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if
there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by
placing their right palms over their left chests. Those in military, scouting, citizens military training and security guard
uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the
anthem.

Sec. 40. The National Motto shall be "MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT MAKABANSA."

PENALTIES

Sec. 50. Any person or juridical entity which violates any of the provisions of this Act shall, upon conviction, be
punished by a fine of not less than Five thousand pesos (P5,000) nor more than Twenty thousand pesos (P20,000),
or by imprison-ment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the
court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed:
Provided,
further, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof
shall be liable.

REPUBLIC ACT NO. 8485 –

AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES,
OTHERWISE KNOWN AS "THE ANIMAL WELFARE ACT OF 1998"
Section 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care,
sustenance or shelter, or maltreat any animal or to subject any dog or horse to dogfights or horsefights, kill or
cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or use the
same in research or experiments not expressly authorized by the Committee on Animal Welfare.
The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and
crocodiles is likewise hereby declared unlawful except in the following instances:

(1) When it is done as part of the religious rituals of an established religion or sect or a ritual required by tribal or
ethnic custom of indigenous cultural communities; however, leaders shall keep records in cooperation with the
Committee on Animal Welfare;

43
(2) When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly
licensed veterinarian;

(3) When the killing is deemed necessary to put an end to the misery suffered by the animal as determined and
certified by a duly licensed veterinarian;

(4) When it is done to prevent an imminent danger to the life or limb of a human being; and

(5) When done for the purpose of animal population control;

(6) When the animal is killed after it has been used in authorized research or experiments; and

(7) Any other ground analogous to the foregoing as determined and certified licensed veterinarian.

In all the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses,
deer and crocodiles the killing of the animals shall be done through humane procedures at all times.

For this purpose, humane procedures shall mean the use of the most scientific methods available as may be
determined and approved by the committee.

Only those procedures approved by the Committee shall be used in the killing of animals.

Section 7. It shall be the duty of every person to protect the natural habitat of the wildlife. The destruction of said
habitat shall be considered as a form of cruelty to animals and its preservation is a way of protecting the animals.

Section 8. Any person who violates any of the provisions of this Act shall, upon conviction by final judgment, be
punished by imprisonment of not less than six (6) months nor more than two (2) years or a fine of not less than
One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00) or both at the discretion of the
Court.

CRIMINAL LAW BOOK 2

CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS

Section 1: Treason and Espionage

Art.114 Treason - Elements

1. Offender is a Filipino citizen or an alien resident
2. There is a war in and Philippines is involved
3. Offender either
a. levies war against the government or
b. adheres to enemies, giving aid or comfort Notes:

Treason - breach of allegiance to the government by a person who owes allegiance to it.
Allegiance - obligation of fidelity and obedience which individuals owe to the government under which they live or to
their sovereign in return for protection they receive.
Treason is a war crime - punished by state as a measure of self protection.Committed in times of war (not peace)
when there is actual hostilities. No need for a declaration of war. Mere acceptance of public office and discharge of
official duties under the enemy do not constitute per se the felony of treason. But when the position is policy
determining, the acceptance of public office and the discharge of official duties constitute treason.

Persons liable:
a. Filipino - permanent allegiance, can commit treason anywhere.
b. Alien residing - temporary allegeance, commit treason only while residing

44
 in the Philippines.

Treason committed in a foreign country may be prosecuted in the Philippines. Treason

by an alien must be committed in the Philippines.

Ways to commit treason

1. Levying war against the government - requires
a. Actual assembling of men
b. Purpose of executing a treasonable design by force.
2. Adheres to enemies - the following must concur together
a. Actual adherence
b. Give aid or comfort Notes:

• levying war - must be with intent to overthrow the government as such,not merely to repeal a particular
statute or to resist a particular officer.
• Not necessary that those attempting to overthrow the government by the force of arms should have the
apparent power to succeed in their design,in whole or in part.
• Adherence - intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to
his country's policy or interest.
• Aid or comfort - act which strengthen or tends to strengthen the enemy of the government in the conduct of
war against the government or an act which weakens or tends to weaken the power of the government or
the country to resist or to attack the enemies of the government or country. Ways to prove
1. Treason
a. testimony of at least 2 witnesses to the same overt act
b. judicial confession of accused
2. Adherence
a. one witness
b. nature of act itself
c. circumstances surrounding act. Notes:

• To convict - testimonies must relate to the same overt act - not two similar acts.
• If act is separable - each witness can testify to parts of it,but the act as a whole must be identifiable as an
overt act.
• Confession must be in open court.
• Reason for 2 witness rule - special nature of the crime requires that the accused be afforded a special
protection not required in other cases so as to avoid a miscarriage of justice.Extreme seriousness of the
crime for which death is one of the penalties provided by law and the fact that the crime is committed in
abnormal times,when small differences may in mortal enmity wipe out all scruples in sacrificing the truth.

General Notes:

• inherent circumstances - they do not aggravate the crime

1. evident premeditation
2. superior strength
3. treachery

• Treason is a continuing crime - even after the war,offender can still be prosecuted.
• No treason through negligence - since it must be intentional
• No complex crime of treason with murder - murder is the overt act of aid or comfort and is therefore
inseparable from treason itself.
• Defense - duress or uncontrollable fear
- obedience to defacto government

45
 • Not defense - suspended allegiance
- joining the enemy army thus becoming a citizen of the enemy.

Art.115 Conspiracy and Proposal to Commit Treason

Elements - Conspiracy
1. In tome of war
2. Two or more persons come to an agreement to
a. Levy war against the government or
b. Adhere to the enemies and to give them aid or comfort
3. They decide to commit it

Elements - Proposal
1. In time of war
2. A person who has decided to levy war against the government or to adhere to the enemies and to give them aid or
comfort.
3. Proposes its execution to some other person/s.

General notes:

• As a general rule, conspiracy and proposal to commit a felony is not punishable.Art.115 is an exemption as it
specifically penalizes conspiracy and proposal to commit treason.
• Mere agreement and decision to commit treason is punishable.
• Two witness rule - not applicable since this is a crime separate from treason.
• Mere proposal even without acceptance is punishable, too. If the other accepts, it is already conspiracy.
• If actual acts of treason are committed after the conspiracy or proposal, the crime committed will be treason and the
conspiracy or proposal is considered as a means in the commission thereof.

Art.116 Misprision of Treason

Elements
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy to commit treason against the government 4. He conceals or does not disclose the
same to the authorities in which he resides.

Notes:

• Offender is punished as an accessory to the crime of treason.But is actually principal to this crime.
• Crime does not apply if crime of treason is already committed and it is not reported.
• It is a crime of omission.
• RPC mentions 4 individuals (example, governor, provincial fiscal, mayor, or city fiscal) but what if you report to
some other high ranking government official? ex. PNP Director, Any government official of the DILG is OK.

Art.117. Espionage - is the offense of gathering,transmitting, or losing information respecting the national defense
with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or the
advantage of a foreign nation.

Modes of Committing Espionage

1. By entering, without authority, a warship ,fort, or military or naval establishment or reservation to obtain
any information, plan, or other data of confidential nature relative to the defense of the Philippines.
Elements: 1) That the offender enters a warship,fort,naval,or military establishment or reservation.
2) That he has no authority therefore and
3) That his purpose is to obtain information,plans,photographs,or other data of a confidential nature relative to the
defense of the Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles,data,or information referred to in
the preceding paragraph which he had in his possession by reason of the public office he holds.
46
 Elements
1) That the offender is a public officer
2) That he has in his possession the articles,data,or information referred to in the first mode of committing
espionage,by reason of the public office he holds and
3) That he discloses their contents to a representative of a foreign nation.

Persons Liable
1. First Mode 1) Filipino
2) Alien residing
2. Second Mode - Offender is a public officer.

Notes:

• Being a public officer is a requirement in the second paragraph.

• It is aggravating in the first.
• Wiretapping is not Espionage if the purpose is not connected with the defense.
• In the first mode of committing the felony, it is not necessary that the offender succeeds in obtaining the
information.
Treason Espionage
- In both, not conditioned by citizenship of offender.
1. Committed in war time 1. War and peace time
2. Limited in 2 ways of committing crime: Levying 2. Committed in any ways war
and adhering to the enemy giving them air comfort.

CA NO. 616 - An act to punish Espionage and other offenses against the National security.
Acts Punishable:
1. Unlawfully obtaining or permitting to be obtained information affecting national defense.
2. Unlawful disclosing of information affecting national defense.
3. Disloyal acts or words in time of peace (ex. causing insubordination, disloyalty mutiny)
4. Disloyal acts in times of war.
5. Conspiracy to commit the foregoing acts.
6. Harboring or concealing violators of the law
7. Photographing from aircraft of vital military information.

Section Two
Provoking War and Disloyalty in Case of War
Art.118. Inciting to war or giving motives for reprisals
Elements:
1. Offender performs unlawful or unauthorized acts.
2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their person or property.

Notes:

• Intent of the offender is immaterial.

• In inciting to war,the offender is any person,if the offender is a public officer,the penalty is higher.
• Reprisals are not limited to military action,it could be economic reprisals or denial of entry into their country.
ex. Pedro burns Chinese flag.If china bans the entry of Filipinos in china,that is reprisals.
•
Art.119 Violation of Neutrality Elements:
1. That there is a war in which the Philippines is not involved.
2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality and
3. That the offender violates such regulation.

47
 Notes:

• This crime is committed only in times of war.

• Neutrality of the Philippines that was violated.
• There has to be a regulation issued by competent authority for enforcement of neutrality.Offender violated
it.
• Being public officer or employee has higher penalty.

Art.120 Correspondence with hostile country Elements:

1. There is a war in and Philippine is involved.
2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops. 3.
That the correspondence is either
a. prohibited by the government
b. carried on in ciphers or conventional signs or
c. containing notice or information which might be useful to the enemy.

Qualifying Circumstances
1. Notice or information might be useful to the enemy.
2. Offender intended to aid the enemy.

Notes:

• A hostile country exists only during hostilities or after the declaration of war.
• Correspondence to enemy country is correspondence to officials of enemy country even if said official is related to
the offender.
• It is not correspondence with private individual in enemy country.
• If ciphers were used,no need for prohibition of the government.
• If ciphers were not used,there is a need for prohibition of the government.
• It is immaterial if correspondence contains innocent matters.If prohibited,correspondence is punishable.

Art.121. Flight to enemy's country

Elements:
1. There is a war and Philippine is involved.
2. Offender owes allegiance to the government.
3. Offender attempts to flee or go to enemy country.
4. Going to enemy country is prohibited by competent authority.

Persons liable:
1. Filipino citizen
2. Alien residing in the Philippines

Notes:

• There must be a prohibition.If there is none,even if one went to enemy country,there is no crime.
• An alien resident may be held guilty for this crime because an alien owes allegiance to the Philippine government
albeit temporary.

Section Three
Piracy and Mutiny on the High Seas
Art.122 Piracy in General and Mutiny on the high seas
Piracy - Modes to commit

48
1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD532)
2. By seizing the whole or part of the cargo of said vessels,its equipment or personal belongings of its compliment
or passengers,the offenders being strangers to the
vessels.

Piracy - it is robbery or forcible depredation on the high seas without lawful authority and done with animo furandi
and in the spirit and intention of universal hostility.

Mutiny - the unlawful resistance to a superior or the raising of commotions and disturbances on board a ship against
the authority of its commander.

Elements of Piracy
1. A vessel is on the high seas or in Philippine waters
2. Offenders - not members of its complement nor passengers of the vessel and
3. That the offenders
a. attack or seize vessel (if committed by crew or passengers,the crime is not piracy but robbery in the high
seas or
b. seize in whole or part of vessels cargo,equipment,or personal belongings of its complement or passengers.

High seas - any waters on the sea coast which are without the boundaries of the low water mark although such
waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the
exclusive economic zone,in the territorial seas or in the internal waters of a state or in the archipelagic waters of an
archipelagic state (united nations convention on the law of the sea)

Philippine waters - all bodies of water such as but not limited to seas, gulfs, bays, around, between, and connecting
each of the islands of the Philippine archipelago, irrespective of its depth, breadth, length, or dimension and all
waters belonging to the Philippines by historic or legal title including territorial sea, the sea bed, the insular
shelves,and other submarine areas over which the Philippines has sovereignty and jurisdiction. (sec.2 PD 532)

• Now art. 122 as amended by RA 7659 - Piracy and Mutiny in Philippine waters is punishable.
• Before RA 7659 amended Art. 122,piracy and mutiny only on the high seas was punishable. However, the
commission of the acts describe in Art. 122 and 123 in Philippine waters was under PD 532.
• Piracy in high seas - jurisdiction of any court where offenders are found or arrested.
• Piracy in internal waters - jurisdiction of Philippine courts
• For purposes of the anti-fencing law,piracy is part of robbery and theft.

Piracy Mutiny
1. Robbery or forcible 1. Unlawful resistance to a
depredation on the high seas, superior officer or the
without lawful authority and done with raising of commotion and disturbances on
animo furandi and in the spirit and intention board a ship against the authority of its
of universal hostility. commander.
2. Intent to gain is an element.
3. Attack fro outside - offenders 2. Intent to gain is not an
are strangers to the vessel. element.
3. Attack from the inside.
Piracy
The offender is an outsider
Robbery on high seas
Note: In both,there is intent to gain and the The offender is a member of the complement
manner of committing the crime is the same. or a passenger of the vessel.

Within Philippine Waters

49
 Art. 122 RPC PD 532
Offender is outsider Offender is crew or passenger

PD 532 - Anti Piracy and Anti-Highway Robbery Law of 1974

Vessel - any vessel or watercraft used for
1. Transport of passengers and cargo or
2. Fishing

Aiding or Abetting Piracy - Requisites

1. knowingly acts or protects pirates
2. acquires or receives property taken by such pirates or in any manner derives any benefit.
3. directly or indirectly abets the commission of piracy.

Note: Under PD 532,piracy may be committed even by a passenger or member of the complement of the vessel.

Art. 123. Qualified piracy

Qualifying Circumstances:
1. Whenever they have seizure of the vessel by boarding or firing upon the same
2. Abandonment of victims without means of saving themselves
3. Piracy was accompanied by murder, homicide, physical injuries or rape.

Notes: Parricide/Infanticide should be included according to judge Pimentel.

• There is a conflict between this provision and the provision on rape. ex. if rape is committed on someone below 7
years old,penalty is death under the new rape law.But if rape is committed on someone below 7 during the time
of piracy,penalty is reclusion perpetua to death.
• The murder,rape,homicide,physical injuries must have been committed on the passengers or on the complement
of the vessel.
• Piracy is a crime not against any particular state but against all mankind.It may be punished in the competent
tribunal of any country where the offender may be found or into which he may be carried.
• Qualified piracy - a special complex crime punishable by reclusion perpetua to death,regardless of the number of
victims.

RA No. 6235 - Anti Hijacking Law

Acts Punishable: 1. By compelling a change in the course or destination of an aircraft of Philippine registry or seizing
or usurping the control thereof while it is in flight.

2. By compelling an aircraft of foreign registry to land in Philippine territory or seizing or usurping the control
thereof while it is in the said territory.

3. By shipping,loading,or carrying in any passenger aircraft operating as a public utility within the Philippines any
explosive,flammable,corrosive,or poisonous substance or material. Notes:
Inflight - From the moment all exterior doors are closed following embarkation until the same doors are again opened
for disembarkation.
* Where the aircraft is of Philippine registry,the offense must be committed while in flight.Hence,the act must
take place after all exterior doors are closed following embarkation.
* Where the aircraft is of foreign registry,offense need not take place while in flight.
Qualifying circumstances (Paragraph 1 and 2)
1. Firing upon the pilot,member of the crew or passenger of the aircraft.
2. Exploding or attempting to explode any bomb or explosive to destroy the aircraft.
3. The crime is accompanied by murder,homicide,serious physical injuries or rape.

50
 Notes: For "firing upon" to qualify the offense,the offender must have actually fired his weapon.Mere attempt is not
enough.
* For "firing upon" to qualify the offense,the offender need not succeed in hitting the pilot,crew member, or
passenger.

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Classes of Arbitrary Detention

1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities.
3. Delaying release

Art. 124. Arbitrary detention

Elements:
1. That the offender is a public officer or employee (whose official duty include the authority to make an arrest
and detain persons.
2. That he detains a person
3. That it was without legal grounds

Notes:
* Though the elements specify that the offender be a public officer or employee,private individuals who
conspire with public officers can be liable as principals. * Legal Grounds for the detention of any person
1. Commission of a crime
2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital.
* Grounds for warrantless arrest
1. Crime is about to be,is being,or has been committed
2. Arresting officer must have personal knowledge that the person probably committed the crime
3. Person to be arrested is an escaped prisoner
* Ramos vs Enrile - Rebels later retire.Once you have committed rebellion and have not been punished or
amnestied,the rebels continue to engage in rebellion unless the rebels renounce their affiliation.Arrest can be made
without warrant because rebellion is a continuing crime.

Art.125 Delay in the delivery of detained persons to the proper judicial authorities
Elements:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
3. That he fails to deliver such person to the proper judicial authority within
a. 12 hrs. - detained for crimes punishable by light penalties or equivalent
b. 18 hrs. - for crimes punishable by correctional penalties or their equivalent
c. 36 hrs. - for crimes punishable by capital punishment or afflictive penalties or their equivalent Notes:
* The felony means delay in filing the necessary information or charging of person detained in court which
may be waived if a preliminary investigation is asked for.This does not contemplate actual physical delivery.
* The filing of the information in court beyond the specified periods does not cure illegality of
detention.Neither does it affect the legality of the confinement under process issued by the court.
* To prevent committing this felony,officers usually ask accused to execute a waiver of art.125 which should
be under oath and with assistance of counsel.Such waiver is not violative of the constitutional right of the accused.
* Contemplates arrest by virtue of some legal ground or valid warrantless arrest.
* If arrested by virtue of arrest warrant,person may be detained until case is decided. * Length of waiver
51
 1. Light offense - 5 days
2. Serious and Less serious offenses - 7 to 10 days
* If offender is a private person,the crime is illegal detention.
* In Arbitrary detention,detention is illegal from the beginning whereas in Delay in the delivery of detained
person,detention is legal in the beginning but illegality starts from the expiration of the specified periods without the
persons detained having been delivered to the proper judicial authorities.

Art. 126. Delaying release

Elements:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisoner or detention prisoner or that there is a
proceeding upon a petition for the liberation of such person.
3. That the offender without good reason delays
a. The service of the notice of such order to the prisoner
b. The performance of such judicial or executive order for the release of the prisoner
c. The proceedings upon a petition for the release of such person
Note: Wardens and jailers are the persons most likely to violate this provision.

Art.127. Expulsion
Elements:
1. That the offender is a public officer or employee
2. That he expels any person from the philippines or compels a person to change his residence 3.
That the offender is not authorized to do so by law

Acts punishable:
1. By expelling a person from the Philippines
2. By compelling a person to change his residence

Notes:
* The crime of expulsion absorbs that of grave coercion.If done by private person,act will amount to grave coercion
* Crime does not include expulsion of undesirable aliens,destierro,or when sent to prison.
* If a Filipino who after voluntarily leaving the country is illegally refused re-entry is considered a victim of being
forced to change his address.
* Threat to national security is not a valid ground to expel or to compel one to change his address.
* The chief executive has the power to deport undesirable aliens.

Art.128. Violation of Domicile

Elements:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other
effects.
3. That he commits any of the following acts:
a. Entering any dwelling against the will of the owner thereof
b. Searching papers or other effects found therein without the previous consent of such owner
c. Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to
leave the same.

Special Aggravating Circumstances:

1. Night time
2. Papers or effects not constituting evidence of a crime are not returned immediately.

Notes:
* The judicial order is the search warrant

52
* If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime
committed is trespass to dwelling.
* When a public officer searched a person outside his dwelling without a search warrant and such person is not
legally arrested for an offense,the crime committed by the public officer is either grave coercion if violence or
intimidation is used, unjust vexation if there is no violence or intimidation.
* Public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner,even if he
knew that someone in that dwelling is in unlawful possession of opium.

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained.
Acts punishable:
1. Procuring a search warrant without just cause
Elements:
a. That the offender is a public officer or employee
b. That he procures a search warrant
c. That there is no just cause
2. Exceeding his authority by using unnecessary severity in executing a search warrant legally procured.
Elements:
a. That the offender is a public officer or employee
b. That he has legally procured a search warrant
c. That he exceeds his authority or uses unnecessary severity in executing the same.

Notes:
* Search warrant is valid for 10 days from date of issue.
* If there is no just cause,the warrant is unjustified.
* The search is limited to what is described in the warrant.All details must be set forth with particularity.
* Example of a search warrant maliciously obtained - X was a respondent of a search warrant for illegal possession of
firearms.A return was made.The gun did not belong to X and the witness had no personal knowledge that there is a gun in
that place.
* Examples of abuse in service of warrant
1. X owner was handcuffed while search was going on.
2. Tank was used to ram gate prior to announcement that a search will be made.
3. Persons who were not respondents were searched.
* An exception to the necessity of a search warrant is the right of search and seizure as an incident to lawful
arrest.

Art. 130. Searching domicile without witnesses.

Elements:
1. That the offender is public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile,papers,or other belongings of any person
4. That the owner or any member of his family or two witnesses residing in the same locality are not present.

Note: Order of those who must witness the search

1. Homeowner
2. Members of the family of sufficient age and discretion
3. responsible members of the community
* validity of the search warrant can be questioned only in 2 courts,where issued and where the case is pending.The
latter is preferred for objective determination.

Section Three. Prohibition, interruption and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings.

Elements:
1. Offender is a public officer or employee
2. He performs any of the following acts:
53
 a. Prohibiting or interrupting without legal ground the holding of a peaceful meeting or dissolving the same.
Example: Denial of permit in arbitrary manner
b. Hindering any person from joining any lawful association or from attending any of its meetings.
c. prohibiting or hindering any person from addressing either alone or together with others any petition to the
authorities for the correction of abuses or redress of grievances.

Notes:
* If the offender is a private individual,the crime is disturbance of public order.
* Meeting must be peaceful and there is no legal ground for prohibiting,dissolving or interrupting that meeting.
* Offender must be a stranger not a participant in the peaceful meeting otherwise the offense is unjust vexation.
* Interrupting and dissolving the meeting of the municipal council by a public officer is a crime against the
legislative body and not punishable under this article.
* The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should
touch on politics may be stopped.
* But stopping the speaker who was attacking certain churches in public meeting is a violation of this article.
* Those holding peaceful meetings must comply with local ordinances.
Example: Ordinance requires permits for meetings in public places.But if a police stops a meeting in a private
place because there is no permit, officer is liable for stopping the meeting.

Section Four. — Crimes against religious worship Art.

132. Interruption of religious ceremonies Elements:
1. That the offender is a public officer or employee
2. That the religious ceremonies or manifestations of any religion are about to take place or going on.
3. That the offender prevents or disturbs the same.

Notes:
* Qualifying circumstances: 1. violence 2. Threats
* Reading of bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of
religion but only a meeting of a religious sect.But if done in a private home its religious service. * Religious worship
includes people in the act of performing religious rites for a religious ceremony or a manifestation of
religion.Example: mass,baptism,marriage
* X,a private person boxed a priest while the priest was giving homily and maligning a relative of X,Is X liable?
X may be liable under Art.133 (offending religious feelings) because X is a private person.

Art. 133. Offending the religious feelings

Elements:
1. Acts complained of were performed
a. in a place devoted to religious worship or
b. During the celebration of any religious ceremony
2. Acts must be notoriously offensive to the feelings of the faithful
3. Offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful directed against religious tenet.

Notes:
* If in a place devoted to religious purpose,there is no need for ongoing religious ceremony
* Example of religious ceremony (acts performed outside the church)processions and special prayers for burying
dead persons but not prayer rallies.
* Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule as mocking or
scoffing or attempting to damage an object of religious veneration.
* There must be deliberate intent to hurt the feelings of the faithful,mere arrogance or rudeness is not enough.

54
 Crime Nature of Crime Who are liable If Element missing
Prohibition, Crime against the Public officers, outsiders If not by public
Interruption, fundamental law of the state officer - tumults
dissolution of
peaceful meeting
(Art.131)
Interruption of Crime against the Public officers, outsiders If by insider –
religious worship fundamental law of the state unjust vexation if
not notoriously
offensive – unjust
vexation
Offending the Crime against public order Public officers, private If not tumults –
religious feeling persons, outsiders alarms and
scandal, if meeting
illegal at onset –
inciting to sedition
or rebellion

CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, SEDITION AND DISLOYALTY

Political Crimes - are those directly aimed against the political order,as well as such common crimes as may be committed
to achieve a political purpose.The decisive factor is the intent or motive.

Art. 134. Rebellion or insurrection

Elements:
1. That there be a public armed uprising
2. That the purpose of the uprising or movement is either
a. To remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof
or any body of land,naval,or other armed forces or
b. To deprive the chief executive or congress wholly or partially of any of their powers or prerogatives.

Persons liable:
1. Any person who a. promotes b. maintains c. heads a rebellion or insurrection (leader)
2. Any person merely participating or executing the command of others in rebellion (participant)
3. Any person who in act directed the others,spoke for them,signed receipts and other documents issued in their
name,or performed similar acts on behalf of the rebels (person deemed leader when leader is unknown)

Notes:
* Rebellion is the term used where the object of the movement is completely to overthrow and supersede the
existing government.
* Insurrection - refers to a movement which seeks merely to effect some change of minor importance to
prevent the exercise of governmental authority with respect to particular matters or subjects.
* Purpose of the uprising must be shown but it is not necessary that it be accomplished.
* If there is no public uprising,the crime is direct assault.
* Mere giving of aid or comfort is not criminal in case of rebellion.There must be actual participation.
* People vs. Hernandez ruling - Rebellion can not be complexed with ordinary crimes done pursuant to it. *
People vs. Geronimo ruling - crimes done for private purposes without political motivation should be separately
punished.
* Enrile vs. Salazar - Upheld Hernandez.
Thus,Rebellion absorbs other crimes committed in furtherance of rebellion.Illegal possession of firearms in
furtherance of rebellion is absorbed by the crime of rebellion.A private crime may be committed during rebellion.
55
 Rape,even if not in furtherance of rebellion can not be complexed with rebellion.
* Rebellion is a continuing crime along with the crime of conspiracy or proposal to commit rebellion.
* If killing or robbing were done for private purposes or for profit without any political motivation,the crime
would be separately punished and would not be embraced by rebellion.
* If the leader is unknown,a person is deemed a leader of rebellion if he a. directed the others
b. spoke for them
c. signed receipts and other documents issued in their name d. performed similar acts on behalf of the
rebels. * Diverting public funds is malversation absorbed in rebellion.
* Public officer must take active part because mere silence or omission is not punishable as rebellion.
* In rebellion,it is not a defense that the accused never took the oath of allegiance, or that they never
recognized the government.

Article 134-A. Coup d'etat

Elements:
1. Offender is a person or persons belonging to the military or police or holding any public office or employment.
2. Committed by means swift attack,accompanied by violence,intimidation,threat,strategy or stealth.
3. Directed against
a. duly constituted authorities of the Philippines
b. any military camp or installation
c. communication networks,public utilities or other facilities needed for the exercise and continued possession
of power.
4. For the purpose of seizing or diminishing state power.

Persons Liable
1. Any person who leads or in any manner directs or commands others to undertake coup d'etat.(leaders)
2. Any person in the government service who participates or executes directions or commands of others in
undertaking coup d'etat.(participants from government)
3. Any person not in the government service who participates or in any manner supports,finances,abets or aids
in undertaking a coup d'etat.(participants not from government)
4. Any person who in act directed the others,spoke for them,signed receipts and other documents issued in
their name or performed similar acts on behalf of the rebels (deemed leader if leader is unknown)

TREASON REBELLION COUPD’ETAT SEDITION

Nature of Crime National Security Public order Public order Public order

Overt Acts Levying war Public uprising and Attack against Rising publicly
against the taking up arms authorities military and tumultuously
government or against the camps, networks (more than 3 men
adherence and government or who are armed or
giving aid or public utilities or provided with
comfort to of the facilities means of enemies for power violence

Purpose Deliver the govt. Removing seizing or See enumeration

to the enemy territory or body diminishing state in art. as
during war of armed forces power amended by RA
or depriving the 6968
chief executive or legislature

Art. 135 Penalty for Rebellion ,Insurrection or Coup d'etat

Who are liable and Penalties
Rebellion
1.Leaders - reclusion perpetua
2. Participants - reclusion temporal
56
3. Deemed leader - reclusion perpetua

Coup d'etat
1.Leaders - reclusion perpetua
2. Participants (govt) - reclusion temporal
3. Participant (not govt) - prision mayor
4. Deemed leader - reclusion perpetua

Art. 136 Conspiracy and proposal to commit coup d'etat, rebellion or insurrection

Elements of conspiracy
1. Two or more persons come to an agreement to rise publicly and take arms
against the government.
2. For any of the purposes of rebellion and 3. They decide to commit it.
Elements of proposal
1. A person who has decided to rise publicly and takes arm against the government
2. For any of the purposes of rebellion and
3. Proposes its execution to some other person

Proposal to commit rebellion Inciting to rebellion

1. The person who proposes has decided to 1. It is not required that the offender
commit rebellion has decided to commit rebellion

2. The person who proposes the execution of the 2. The act of inciting is done publicly
crime uses secret means
- In both,the offender induces another to commit rebellion
- In both,the crime of rebellion should not be committed by the persons to whom it is proposed or
who are incited.
- If they commit rebellion because of the proposal or inciting,the proponent or the one inciting may
become a principal by inducement in the crime of rebellion.

Notes:
* Organizing a group of soldiers,soliciting membership in and soliciting funds for the organization show
conspiracy to overthrow the government.
* The mere fact of giving and rendering speeches favoring communism would not make the accused guilty of
conspiracy.If there is no evidence that the hearers then and there agreed to rise up in arms against the govt. * The
advocacy of communism or communistic theory is not a criminal act of conspiracy unless converted into advocacy of
action.
* Only when the communist advocates action and actual uprising,war or otherwise does he become guilty of
conspiracy to commit rebellion.

Art. 137 Disloyalty of public officers or employees

Acts punishable
1. Failing to resist rebellion by all means in their power or
2. Continuing to discharge the duties of their offices under the control of rebels or
3. Accepting appointment to office under rebels.

Notes:
* It must not be committed in conspiracy with rebels or coup plotters for this crime to be committed.
* If position is accepted in order to protect the people,not covered by this article.

57
 Art. 138 Inciting to rebellion or insurrection
Elements
1. That the offender does not take arms or is not in open hostility against the government.
2. That he incites others to the execution of any of the acts of rebellion and
3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners, or other
representations tending to the same end.

Notes:
* Inciting must have been done intentionally calculated to seduce others to rebellion.
* In both proposal to commit rebellion and in inciting to rebellion,rebellion should not actually be committed by
the persons to whom it was proposed or who were incited.If they commit rebellion because of the the proposal or
incitement, the proponent or the one inciting may become a principal by inducement in the crime of rebellion.

Proposal to commit rebellion Inciting to rebellion

3. The person who proposes has decided to 1. It is not required that the offender has
commit rebellion decided to commit rebellion

4. The person who proposes the execution of 2. The act of inciting is done publicly the crime
uses secret means

Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly and
tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the
following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government or any public officer thereof
from freely exercising its or his functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social
class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National Government
(or the Government of the United States), of all its property or any part thereof.

Art. 140 Penalty for sedition

Persons liable
1. Leader of the sedition - prision mayor in its minimum period and a fine not exceeding 10,000 pesos.
2. Other persons participating in the sedition - penalty of prision correccional in its maximum period and a fine
not exceeding 5,000 pesos

Art. 141 Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be punished by
prision correccional in its medium period and a fine not exceeding 2,000 pesos.

Note: There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of
sedition in order to constitute crime of conspiracy to commit sedition.

Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine not exceeding
2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should
incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches,
58
proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any
person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the
Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly
constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his
office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb
the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil
practices. (Reinstated by E.O. No. 187).

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies . — The penalty of prision
correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or
fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or
municipal council or board. (Reinstated by E.O. No. 187).

Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be
imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any
of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such
manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No. 187).

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed upon any person
who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and
the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly
(Congress) is in regular or special session, arrest or search any member thereof, except in case such member has
committed a crime punishable under this Code by a penalty higher than prision mayor.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum period to prision mayor in its
medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is
incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in
authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they
are armed, in which case the penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said
meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a
leader or organizer of the meeting within the purview of the preceding paragraph.

As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed
place or moving. (Reinstated by E.O. No. 187).

Art. 147. Illegal associations. — The penalty of prision correccional in its minimum and medium periods and a fine
not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or
partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose

59
contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated
by E.O. No. 187).

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public uprising, shall employ force or intimidation
for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack,
employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in
its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a
weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in
authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a
fine not exceeding P500 pesos shall be imposed.

Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and medium periods and a fine not
exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any
person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes
defined in the next preceding article.

Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the
Constitutional Commissions, its committees, subcommittees or divisions . — The penalty of arresto mayor or a fine
ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any
person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its
special or standing committees and subcom-mittees, the Constitutional Commissions and its committees,
subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon
witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or
constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to
produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise
of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as
a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official.

Art. 151. Resistance and disobedience to a person in authority or the agents of such person . — The penalty of
arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the
provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such
person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor
or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.

Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In applying
the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether
as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed
a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is charged with
the maintenance of public order and the protection and security of life and property, such as a barrio councilman,
barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed
an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the
supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual
performance of their professional duties or on the occasion of such performance, shall be deemed persons in
authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).

60
Chapter Five
PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause
disturbance. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a
fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public
place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful
meetings, if the act is not included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a
tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are
armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place,
shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which
provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in
violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who
has been legally executed.

Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto mayor and a fine
ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to
be published as news any false news which may endanger the public order, or cause damage to the interest or credit
of the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the
law or to the constituted authorities or praise, justify, or extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or document without
proper authority, or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed
upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other
explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall
disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places,
provided that the circumstances of the case shall not make the provisions of Article 153 applicable.

61
Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its maximum period of prision
correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal
establishment any person confined therein or shall help the escape of such person, by means of violence,
intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the
same penalties shall be imposed in their minimum period.

Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its medium and maximum periods
shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his
imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of
unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit,
violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty
shall be prision correccional in its maximum period.

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other
calamities. — A convict who shall evade the service of his sentence, by leaving the penal institution where he shall
have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still
remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give
himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the
authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision correccional in its minimum
period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall
violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be
higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty . —
Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by
final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of
seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching
the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.

Title Four
CRIMES AGAINST PUBLIC INTEREST

Chapter One
FORGERIES

Section One. — Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief
Executive.

62
 Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed upon any person who shall
forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.

Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision mayor shall be imposed
upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in
the preceding article.

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or utters, false coins, in
connivance with counterfeiters, or importers, shall suffer:

1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the counterfeited
coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten centavo denomination or above.

2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the
counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below
tencentavo denomination.

3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be
currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The penalty of prision correccional
in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate
coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins,
or in connivance with mutilators or importers.

Art. 165. Selling of false or mutilated coin, without connivance. — The person who knowingly, although without the
connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or
shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.

Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or forged
notes, obligations and securities.

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such
false or forged notes and documents. — The forging or falsification of treasury or bank notes or certificates or other
obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers
of such false or forged obligations or notes, shall be punished as follows:

1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which
has been falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines
Islands.

The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds,
certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for
money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other
representatives of value, of whatever denomination, which have been or may be issued under any act of the
Congress of the United States or of the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered
document is a circulating note issued by any banking association duly authorized by law to issue the same.

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited
document was issued by a foreign government.

63
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered
document is a circulating note or bill issued by a foreign bank duly authorized therefor.

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. — Any person who shall forge,
import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of
credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and
a fine not exceeding P6,000 pesos.

Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. — Unless the
act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use
or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall
suffer the penalty next lower in degree than that prescribed in said articles.

Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of the following
means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the
appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein.

Section Four. — Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and
telephone message.

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period and a
fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any
bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any
provincial board or municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision
mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who,
taking advantage of his official position, shall falsify a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such
original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

64
 The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses
enumerated in the preceding paragraphs of this article, with respect to any record or document of such character
that its falsification may affect the civil status of persons.

Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision correccional in
its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in
any public or official document or letter of exchange or any other kind of commercial document; and

2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any
private document commit any of the acts of falsification enumerated in the next preceding article.

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or
who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding
article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified
messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon
officer or employee of the Government or of any private corporation or concern engaged in the service of sending
or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message
of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree.

Section Five. — Falsification of medical certificates, certificates of merit or services and the like.

Art. 174. False medical certificates, false certificates of merits or service, etc . — The penalties of arresto mayor in
its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be
imposed upon:

1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate;
and

2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances.

The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within
the classes mentioned in the two preceding subdivisions.

Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon any one who shall knowingly
use any of the false certificates mentioned in the next preceding article.

Section Six. — Manufacturing, importing and possession of instruments or implements intended for the commission of
falsification.

Art. 176. Manufacturing and possession of instruments or implements for falsification. — The penalty of prision
correccional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be imposed upon any
person who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other instruments or
implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the
preceding sections of this Chapter.

Any person who, with the intention of using them, shall have in his possession any of the instruments or implements
mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that provided therein.

65
Chapter Two
OTHER FALSIFICATIONS

Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.

Art. 177. Usurpation of authority or official functions. — Any person who shall knowingly and falsely represent
himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any
foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in
authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.

Art. 178. Using fictitious name and concealing true name . — The penalty of arresto mayor and a fine not to exceed
500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine
not to exceed 200 pesos.

Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor shall be imposed upon any person who
shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person
or to a class of persons of which he is not a member.

Section Two. — False testimony

Art. 180. False testimony against a defendant. — Any person who shall give false testimony against the defendant in
any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;

2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion
perpetua;

3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive
penalty; and

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine,
or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000
pesos.

Art. 181. False testimony favorable to the defendants. — Any person who shall give false testimony in favor of the
defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional
in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive
penalty, and the penalty of arresto mayor in any other case.

Art. 182. False testimony in civil cases. — Any person found guilty of false testimony in a civil case shall suffer the
penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in
controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional
in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said
amount or cannot be estimated.

Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly
makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify

66
 under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an
oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods
mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided
therein.

Art. 184. Offering false testimony in evidence. — Any person who shall knowingly offer in evidence a false witness
or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the
respective penalties provided in this section.

Chapter Three
FRAUDS

Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions. — Any person who shall solicit any gift or promise as a consideration for
refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away
from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of
the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10
to 50 per centum of the value of the thing auctioned.

Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision correccional in its minimum
period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means
free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with
any other person or persons to monopolize and merchandise or object in order to alter the price thereof by
spreading false rumors or making use of any other article to restrain free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or
an importer of any merchandise or object of commerce from any foreign country, either as principal or agent,
wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the
manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with
any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or
of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce
manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the
manufacture of which such manufactured, produced, or imported merchandise or object of commerce is used.

If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime
necessity, the penalty shall be that of prision mayor in its maximum and medium periods it being sufficient for the imposition
thereof that the initial steps have been taken toward carrying out the purposes of the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being
the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the president and each one
of its agents or representatives in the Philippines in case of a foreign corporation or association, who shall have
knowingly permitted or failed to prevent the commission of such offense, shall be held liable as principals thereof.

Section Two. — Frauds in commerce and industry

67
Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious
metals or their alloys. — The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall
be imposed on any person who shall knowingly import or sell or dispose of any article or merchandise made of gold,
silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual
fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is
engraved, printed, stamped, labeled or attached, when the rest of the article shows that the quality or fineness
thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of
silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of
gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness
indicated by said stamp, brand, label, or mark.

Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The penalty of prision correccional
in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon:

1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a
colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of commerce and shall
sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-name or
trade- mark has been fraudulently used in such goods as described in the preceding subdivision;

3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark of some other
person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a person is to
be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or service mark, or a colorable
imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, trade-mark, or
service mark on his own goods or in connection with the sale or advertising of his services.

A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or device, or any
combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling the public
to distinguish the business of the person who owns and uses said trade-name or trade-mark.

A service mark as herein used is a mark used in the sale or advertising of services to identify the services of one
person and distinguish them from the services of others and includes without limitation the marks, names, symbols,
titles, designations, slogans, character names, and distinctive features of radio or other advertising.

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description. — The penalty provided in the next proceeding article shall be imposed
upon:

1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his
legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another
manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are
contained or the device or words thereon or in any other features of their appearance which would be likely to
induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual
manufacturer or dealer or shall give other persons a chance or opportunity to do the same with a like purpose.

2. Any person who shall affix, apply, annex or use in connection with any goods or services or any container or
containers for goods a false designation of origin or any false description or representation and shall sell such goods
or services.

3. Any person who by means of false or fraudulent representation or declarations orally or in writing or by other
fraudulent means shall procure from the patent office or from any other office which may hereafter be established
68
 by law for the purposes the registration of a trade-name, trade-mark or service mark or of himself as the owner of
such trade-name, trade-mark or service mark or an entry respecting a trade-name, trade-mark or service mark.

Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. — The penalty of
arresto mayor in its medium period to prision correccional in its minimum period and a fine ranging from 300 to
1,000 pesos shall be imposed upon:

1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any prohibited drug.

"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian hemp, their derivatives,
and all preparations made from them or any of them, and such other drugs, whether natural or synthetic, having
physiological action as a narcotic drug.

"Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes on refuse of
the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which
opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves,
whether prepared or not for their use.

"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza, churruz, and ganjah
embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the
pistillate plant cannabis satival, from which the resin has not been extracted, including all other geographic varieties
whether used as reefers, resin, extract, tincture or in any other form whatsoever.

By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind with
delusions and may be habit-forming.

2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the
law.]

Art. 191. Keeper, watchman and visitor of opium den. — The penalty of arresto mayor and a fine ranging from 100
to 300 pesos shall be imposed upon:

1. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used in any
manner contrary to law; and

2. Any person who, not being included in the provisions of the next preceding article, shall knowingly visit any
dive or resort of the character referred to above.]

Art. 192. Importation and sale of prohibited drugs. — The penalty of prision correccional in its medium and
maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed upon any person who shall import
or bring into the Philippine Islands any prohibited drug.]

[The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another prohibited drug.]

Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. — The
penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being
authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using
opium or any prohibited drug.

[The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima
facie evidence that its possessor has used said drug.]

69
Art. 194. Prescribing opium unnecessary for a patient. — The penalty of prision correccional or a fine ranging from
300 to 10,000 pesos, or both shall be imposed upon any physician or dentist who shall prescribe opium for any
person whose physical condition does not require the use of the same.]

Title Six
CRIMES AGAINST PUBLIC MORALS

Chapter One
GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) 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, shall be imposed upon:

1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or
indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game,
dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or
wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or
use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any
object or representative of value.

2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be
carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried on has the reputation of a gambling place or that prohibited
gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its
maximum period.

(b) 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.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly
and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures,
signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has
taken place or about to take place.

Art. 196. Importation, sale and possession of lottery tickets or advertisements. — 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, shall be imposed upon 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.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements,
or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto
menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or
use the same in the Philippine Islands.

Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both,
shall be imposed upon 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 contests.

Art. 198. Illegal betting on horse race. — Already repealed.

Cockfighting Law of 1974 - cockfighting shall be allowed only in licensed cockpits.
1.Sundays

70
 2.Legal holidays - except Dec.30, June 12, Nov.30, Holy Thursday, Good Friday, Election and referendum day
and during registration days for such election or referendum.
3.During local fiestas for not more than 3 days
4.Provincial, City or Municipal Agriculture, Commercial or Industrial fair, carnival or exposition, for a similar
period of 3 days upon resolution, subject to approval of PC chief or his authorized representative- not allowed within
month of local fiesta for more than two occasions a year in the same city or municipality.

Cockfighting for entertainment or tourists or for charitable purposes: Chief of PC or his authorized representative
may also allow the holding of cockfighting for:
1.Entertainment of foreign dignitaries
2.Tourists
3.Balikbayan
4.For support of national fund-raising campaigns for charitable purposes as may be authorized by the office of
the President, upon the resolution of the provincial board, city or municipal council.
- in licensed cockpits or in play grounds or parks
- extended for only one time, for a period not exceeding 3 days, within a year to a province, city, or municipality.

Notes:
* Permitting gambling of any kind in cockpit is punished under the same decree - owner. manager, or lessee of
cockpit that permits gambling shall be criminally liable.
* Spectators in cockfight are not liable unless he participates as bettor.
* Gambling in all its forms, unless allowed by law is generally prohibited.The prohibition does not mean that
the government can not regulate it in the exercise of police power.
* There are particular days where cockfighting and horse racing are allowed.Betting in horse racing is allowed
during periods provided by law but betting in cockfights is prohibited at all times.
* Sports contests: Betting, game-fixing, point-shaving, game machinations prohibited.

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the
discretion of the court, shall be imposed upon:

1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or
who organizes cockfights at which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be imposed upon any person
who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any
other article of this Code.

Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The penalty of prision
mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be
imposed upon:

(1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals;

(2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such
literature; and the owners/operators of the establishment selling the same;

(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes,
acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify
criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography;
71
(3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs, established policies, lawful orders, decrees and edicts;

(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to
morals. (As amended by PD Nos. 960 and 969).

Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:

1. 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;

2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the
country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually
associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in
any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;

5. Prostitutes. For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.

Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine
not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium 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.

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY PROVISIONS

Art. 203. Who are public officers. — For the purpose of applying the provisions of this and the preceding titles of this
book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall
take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said
Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class,
shall be deemed to be a public officer.

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjust judgment. — Any judge who shall knowingly render an unjust judgment in any
case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification.

Art. 205. Judgment rendered through negligence. — Any judge who, by reason of inexcusable negligence or
ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by
arresto mayor and temporary special disqualification.

Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an unjust interlocutory order or
decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by
reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty
shall be suspension.

72
Art. 207. Malicious delay in the administration of justice. — The penalty of prision correccional in its minimum period shall
be imposed upon any judge guilty of malicious delay in the administration of justice.

Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty of prision correccional in its minimum
period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties
of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall
tolerate the commission of offenses.

Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets. — In addition to the proper
administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000
pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious
breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the
secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor

(procurador judicial) who, having undertaken the defense of a client or having received confidential information from
said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his
first client.

Section Two. — Bribery

Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a crime, in connection
with the performance of this official duties, in consideration of any offer, promise, gift or present received by such
officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and
maximum periods and a fine [of not less than the value of the gift and] not less than three times the value of the gift
in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime,
and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said
act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium
period and a fine of not less than twice the value of such gift.

If the object for which the gift was received or promised was to make the public officer refrain from doing something
which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a
fine [of not less than the value of the gift and] not less than three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special
temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal
and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa
Blg. 872, June 10, 1985).

Art. 211. Indirect bribery. — The penalties of prision correccional in its medium and maximum periods, and public
censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As
amended by Batas Pambansa Blg. 872, June 10, 1985).

Art. 212. Corruption of public officials. — The same penalties imposed upon the officer corrupted, except those of
disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or
given the gifts or presents as described in the preceding articles.

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

73
 Art. 213. Frauds against the public treasury and similar offenses. — The penalty of prision correccional in its
medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be
imposed upon any public officer who:

1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other scheme, to defraud the Government;

2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the
following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law.

(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.

(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different
from that provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions
of the Administrative Code shall be applied.

Art. 214. Other frauds. — In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book
Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit
any of the frauds or deceits enumerated in said provisions.

Art. 215. Prohibited transactions. — The penalty of prision correccional in its maximum period or a fine ranging from
200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall
directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to
his jurisdiction.

Art. 216. Possession of prohibited interest by a public officer. — The penalty of arresto mayor in its medium period
to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his
official duty to intervene.

This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any
contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they
shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate.

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of malversation . — Any public officer who, by
reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take
or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such
public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of
such funds or property, shall suffer:

1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two hundred pesos.

2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two
hundred pesos but does not exceed six thousand pesos.

74
3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount
involved is more than six thousand pesos but is less than twelve thousand pesos.

4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than
twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall
be reclusion temporal in its maximum period to reclusion perpetua.

In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine
equal to the amount of the funds malversed or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon
demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to
personal use. (As amended by RA 1060).

Art. 218. Failure of accountable officer to render accounts. — Any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the
Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts
should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from 200 to
6,000 pesos, or both.

Art. 219. Failure of a responsible public officer to render accounts before leaving the country. — Any public
officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the
Insular Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine
ranging from 200 to 1,000 pesos or both.

Art. 220. Illegal use of public funds or property . — Any public officer who shall apply any public fund or property
under his administration to any public use other than for which such fund or property were appropriated by law or
ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the
total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted
to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent
of the sum misapplied.

Art. 221. Failure to make delivery of public funds or property. — Any public officer under obligation to make
payment from Government funds in his possession, who shall fail to make such payment, shall be punished by
arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay.

This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in
his custody or under his administration, shall refuse to make such delivery.

The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos.

Art. 222. Officers included in the preceding provisions. — The provisions of this chapter shall apply to private
individuals who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or
property and to any administrator or depository of funds or property attached, seized or deposited by public
authority, even if such property belongs to a private individual.

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion. — Any public officer who shall consent to the escape of a
prisoner in his custody or charge, shall be punished:

75
 1. By prision correccional in its medium and maximum periods and temporary special disqualification in its
maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to
any penalty.

2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall
not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal
ordinance.

Art. 224. Evasion through negligence. — If the evasion of the prisoner shall have taken place through the
negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer
the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary
special disqualification.

Art. 225. Escape of prisoner under the custody of a person not a public officer. — Any private person to whom
the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of
the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that
prescribed for the public officer.

Section Two. — Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents. — Any public officer who shall remove, destroy or
conceal documents or papers officially entrusted to him, shall suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been
caused thereby to a third party or to the public interest.

2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos,
whenever the damage to a third party or to the public interest shall not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification
shall be imposed.

Art. 227. Officer breaking seal. — Any public officer charged with the custody of papers or property sealed by proper
authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in
its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos.

Art. 228. Opening of closed documents. — Any public officer not included in the provisions of the next preceding
article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or
objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a
fine of not exceeding 2,000 pesos.

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by an officer. — Any public officer who shall reveal any secret known to him by
reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and
which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods,
perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery
of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision
correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be
imposed.

Art. 230. Public officer revealing secrets of private individual. — Any public officer to whom the secrets of any private
individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto
mayor and a fine not exceeding 1,000 pesos.

Chapter Six
76
 OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse to execute the judgment,
decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all
the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its
minimum period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos.

Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. — Any
public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such
superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its
minimum and medium periods and perpetual special disqualification.

Art. 233. Refusal of assistance. — The penalties of arresto mayor in its medium period to prision correccional in its
minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a
public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the
administration of justice or other public service, if such failure shall result in serious damage to the public interest, or
to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos
shall be imposed.

Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both,
shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal
motive to be sworn in or to discharge the duties of said office.

Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its medium period to prision correccional in
its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any
public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner
under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such
punishment in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the
offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine
not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused.

Section Two. — Anticipation, prolongation and

abandonment of the duties and powers of public office.

Art. 236. Anticipation of duties of a public office. — Any person who shall assume the performance of the duties
and powers of any public officer or employment without first being sworn in or having given the bond required by
law, shall be suspended from such office or employment until he shall have complied with the respective formalities
and shall be fined from 200 to 500 pesos.

Art. 237. Prolonging performance of duties and powers. — Any public officer shall continue to exercise the duties
and powers of his office, employment or commission, beyond the period provided by law, regulation or special
provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special
temporary disqualification in its minimum period and a fine not exceeding 500 pesos.

Art. 238. Abandonment of office or position. — Any public officer who, before the acceptance of his resignation,
shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or
punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of this Code, the
offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the
purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.

Section Three. — Usurpation of powers and unlawful appointments

77
 Art. 239. Usurpation of legislative powers. — The penalties of prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall
encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations
beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.

Art. 240. Usurpation of executive functions. — Any judge who shall assume any power pertaining to the executive
authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor
in its medium period to prision correccional in its minimum period.

Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government
who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge
within its jurisdiction.

Art. 242. Disobeying request for disqualification. — Any public officer who, before the question of jurisdiction is
decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a fine not exceeding 500 pesos.

Art. 243. Orders or requests by executive officers to any judicial authority. — Any executive officer who shall
address any order or suggestion to any judicial authority with respect to any case or business coming within the
exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500
pesos.

Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or appoint to any public office
any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding
1,000 pesos.

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision correccional in its medium and maximum
periods and temporary special disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in
matters pending before such officer for decision, or with respect to which he is required to submit a report to or
consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of prisoners or persons under
arrest who shall solicit or make immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the
custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and
temporary special disqualification.

Title Eight
CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE

Section One. — Parricide, murder, homicide

Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of
his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.

78
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 other 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 the 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.

Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the
following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the 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 a vessel, derailment or assault upon a
street car or locomotive, fall of an airship, 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 enumerated in the preceding paragraph, or 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.

Art. 249 Homicide

Elements
1. That a person was killed
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill which is presumed
4. That the killing was not attended by any of the qualifying circumstances of murder,parricide,or infanticide.

Notes:
* Intent to kill is conclusively presumed when death resulted.Hence,evidence of intent to kill is required only in
attempted or frustrated homicide.
* There is no crime of frustrated homicide through negligence/imprudence
* When the wounds that caused death were inflicted by 2 different persons even if they were not in
conspiracy, each one of them is guilty of homicide.
* In all crimes against persons in which the death of the victim is an element, there must be satisfactory
evidence of 1. The fact of death
2. The identity of the victim

* Penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age.
* Corpus delicti - actual commission of the crime charged.

79
 * People vs. De la Cruz G.R. no. 152176 10/01/03 - The qualifying circumstance of treachery was not
sufficiently established by the prosecution.The prosecution witness did not see the actual stabbing of the
victim.Therefore, there is no way of determining on how the attack was initiated.In the same way that no testimony
would prove that the appellant contemplated upon the mode to insure the killing.The crime committed by appellant
is homicide
* Gorospe vs. People (G.R. No.147974 1/29/04 - No error was committed by the trial court in characterizing
the felonious assault as frustrated homicide and convicting appellant therefor.The appellant acted with intent to kill
in firing the gun at Miguel.Usually,the intent to kill is shown by the kind of weapon used by the offender and the
parts of the victims body at which the weapon is aimed as shown by the wounds inflicted.
* Aradillos vs. CA G.R. No. 135619 1/15/04 - An accused may be convicted of slight,less serious or serious
physical injuries in a prosecution for homicide or murder in as much as the infliction of physical injuries could lead to
any of the latter offenses when carried to its utmost degree despite the fact that an essential requisites of the crime
of homicide or murder - intent to kill - is not required in a prosecution for physical injuries.

— Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of
the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by
reclusion temporal.

Art. 250. Penalty for frustrated parricide, murder or homicide. — The courts, in view of the facts of the case, may
impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the
preceding articles, a penalty lower by one degree than that which should be imposed under the provision of Article
50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51
should be imposed for an attempt to commit any of such crimes.

Art. 251. Death caused in a tumultuous affray. — When, while several persons, not composing groups organized
for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a
confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained
who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision
correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon
the person of the victim.

Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a tumultuous affray as referred to in the
preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible
thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall
suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be
identified, all those who appear to have used any violence upon the person of the offended party shall be punished by
arresto mayor from five to fifteen days.

Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit suicide shall suffer the
penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he
shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto
mayor in its medium and maximum periods, shall be imposed.

Art. 254. Discharge of firearms. — Any person who shall shoot at another with any firearm shall suffer the penalty of
prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held
to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.
Section Two. — Infanticide and abortion.

Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child less than three days of age.
80
If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.

Art. 256. Intentional abortion. — Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Art. 257. Unintentional abortion. — The penalty of prision correccional in its minimum and medium period shall be
imposed upon any person who shall cause an abortion by violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents . — The penalty of prision correccional in its
medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall
consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its
minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of
said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in
its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties provided in
Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer
arresto mayor and a fine not exceeding 1,000 pesos.

Section Three. — Duel

Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal shall be imposed upon any
person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their
nature.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been
inflicted.

The seconds shall in all events be punished as accomplices.

Art. 261. Challenging to a duel. — The penalty of prision correccional in its minimum period shall be imposed upon
any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or
decry another publicly for having refused to accept a challenge to fight a duel.

Chapter Two
PHYSICAL INJURIES

81
 Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person
who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of
reproduction.

Any other intentional mutilation shall be punished by prision mayor in its medium and maximum periods.

Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the
crime of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical
injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have
lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical
injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or
shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than
thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance
of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall
be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2
by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by
subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by
subdivision number 4 by prision correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon
his child by excessive chastisement.

Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding
article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another
any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking
advantage of his weakness of mind or credulity.

Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described
in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall
require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the
penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured
person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not
exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or
persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium
periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon
such person.

Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:
82
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for
labor from one to nine days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries
which do not prevent the offended party from engaging in his habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat
another by deed without causing any injury.

Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One
CRIMES AGAINST LIBERTY

Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in
any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than five days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill
him shall have been made.

4. If the person kidnapped or detained shall be a minor, female or a 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.

Art. 268. Slight illegal detention. — The penalty of reclusion temporal shall be imposed upon any private individual
who shall commit the crimes described in the next preceding article without the attendance of any of circumstances
enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or detained within three days from the
commencement of the detention, without having attained the purpose intended, and before the institution of criminal
proceedings against him, the penalty shall be prision mayor in its minimum and medium periods and a fine not
exceeding seven hundred pesos.

Art. 269. Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon
any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or
detain another for the purpose of delivering him to the proper authorities.

Section Two. — Kidnapping of minors

Art. 270. Kidnapping and failure to return a minor. — The penalty of reclusion perpetua shall be imposed upon any person
who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or
guardians.

83
Art. 271. Inducing a minor to abandon his home. — The penalty of prision correccional and a fine not exceeding
seven hundred pesos shall be imposed upon anyone who shall induce a minor to abandon the home of his parent or
guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of
the minor, the penalty shall be arresto mayor or a fine not exceeding three hundred pesos, or both.

Art. 272. Slavery. — The penalty of prision mayor and a fine of not exceeding 10,000 pesos shall be imposed upon
anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.

If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall
be imposed in its maximum period.

Art. 273. Exploitation of child labor. — The penalty of prision correccional in its minimum and medium periods and
a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's
will, retain him in his service.

Art. 274. Services rendered under compulsion in payment of debt. — The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to
require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household
servant or farm laborer.

Chapter Two
CRIMES AGAINST SECURITY

Section One. — Abandonment of helpless persons and

exploitation of minors.

Art. 275. Abandonment of person in danger and abandonment of one's own victim. — The penalty of arresto
mayor shall be imposed upon:

1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such
omission shall constitute a more serious offense.

2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.

3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the
authorities or to his family, or shall fail to take him to a safe place.

Art. 276. Abandoning a minor. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the
penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided
for the act committed, when the same shall constitute a more serious offense.

Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents. — The penalty of
arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing
or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the

84
 one who entrusted such child to his care or in the absence of the latter, without the consent of the proper
authorities.

The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the
education which their station in life require and financial conditions permit.

Art. 278. Exploitation of minors. — The penalty of prision correccional in its minimum and medium periods and a fine
not exceeding 500 pesos shall be imposed upon:

1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of
balancing, physical strength, or contortion.

2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or
engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are
not his children or descendants.

3. Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any
descendant of his under twelve years of age in such dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen
years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in
every case be imposed in its maximum period.

In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in
the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court,
of their parental authority.

5. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants,
guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2
hereof, or to accompany any habitual vagrant or beggar.

Art. 279. Additional penalties for other offenses. — The imposition of the penalties prescribed in the preceding
articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined
and punished by this Code.

Section Two. — Trespass to dwelling

Art. 280. Qualified trespass to dwelling. — Any private person who shall enter the dwelling of another against the
latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.

If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its
medium and maximum periods and a fine not exceeding 1,000 pesos.

The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose
of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable
to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to
anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall
be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or
them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the
owner or the caretaker thereof.

85
Section Three. — Threats and coercion
Art. 282. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting to a crime, shall suffer:

1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the
offender shall have made the threat demanding money or imposing any other condition, even though not unlawful,
and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty
lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject
to a condition.

Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime, made in the manner expressed in
subdivision 1 of the next preceding article, shall be punished by arresto mayor.

Art. 284. Bond for good behavior. — In all cases falling within the two next preceding articles, the person making the
threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he
shall be sentenced to destierro.

Art. 285. Other light threats. — The penalty of arresto menor in its minimum period or a fine not exceeding 200
pesos shall be imposed upon:

1. Any person who, without being included in the provisions of the next preceding article, shall threaten
another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense.

2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime,
and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the
circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.

3. Any person who shall orally threaten to do another any harm not constituting a felony.

Art. 286. Grave coercions. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any person who, without authority of law, shall, by means of violence, prevent another from doing something
not prohibited by law, or compel him to do something against his will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him
from so doing, the penalty next higher in degree shall be imposed.

Art. 287. Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for
the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200
pesos, or both.

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of
tokens.) — The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon
any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or
shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or
compelled, to purchase merchandise or commodities of any kind.

86
 The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed
by him, by means of tokens or objects other than the legal tender currency of the laborer or employee.

Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or
threats. — The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person
who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or
lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or
employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious
offense in accordance with the provisions of this Code.

Chapter Three
DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of correspondence. — The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who
in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof.

If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding 500 pesos.

The provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with
respect to the papers or letters of the children or minors placed under their care or study, nor to spouses with respect
to the papers or letters of either of them.

Art. 291. Revealing secrets with abuse of office. — The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his
principal or master and shall reveal such secrets.

Art. 292. Revelation of industrial secrets. — The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or workman of any
manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the
industry of the latter.
Title Ten
CRIMES AGAINST PROPERTY

Chapter One
ROBBERY IN GENERAL

Art. 293. Who are guilty of robbery. — 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 using force upon anything shall be
guilty of robbery.

Section One. — Robbery with violence or intimidation of persons.

Art. 295. Robbery with violence against or intimidation of persons; Penalties. — Any person guilty of robbery with
the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of
homicide shall have been committed.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been
accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical
injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery
accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death (As amended by PD No. 767).

87
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries
penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or
intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not
responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.
(As amended by R. A. 18).

Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of
firearm on a street, road or alley. — If the offenses mentioned in subdivisions three, four, and five of the next
preceding article
shall have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor
vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers
thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made
with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Art. 296. Definition of a band and penalty incurred by the members thereof. — When more than three armed
malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band. When
any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all
the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the
criminal liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of
any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

Art. 297. Attempted and frustrated robbery committed under certain circumstances. — When by reason or on
occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be
punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this Code.

Art. 298. Execution of deeds by means of violence or intimidation . — Any person who, with intent to defraud
another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or
documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter.

Section Two. — Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship. — Any armed person
who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be
punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if:

(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following
means:

1. Through a opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending the exercise of public authority.

88
 Or if --

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;

2. By taking such furniture or objects to be broken or forced open outside the place of the robbery.

When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the penalty next
lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the property taken does not exceed
250 pesos.

When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall
suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or building dedicated
to religious worship, the penalties next lower in degree than those prescribed in this article shall be imposed.

Art. 300. Robbery in an uninhabited place and by a band. — The robbery mentioned in the next preceding article,
if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty
provided therefor.

Art. 301. What is an inhabited house, public building or building dedicated to religious worship and their
dependencies. — Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more persons,
even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or inclosed
places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of
the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious
worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next preceding
paragraph, even if closed, contiguous to the building and having direct connection therewith.

The term "public building" includes every building owned by the Government or belonging to a private person not
included used or rented by the Government, although temporarily unoccupied by the same.

Art. 302. Robbery is an uninhabited place or in a private building. — Any robbery committed in an uninhabited
place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property
taken exceeds 250 pesos, shall be punished by prision correccional if any of the following circumstances is present:

1. If the entrance has been effected through any opening not intended for entrance or egress.

2. If any wall, roof, flour or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed even if the same to
broken open elsewhere.

89
When the value of the property takes does not exceed 250 pesos, the penalty next lower in degree shall be imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail
matter or large cattle, the offender shall suffer the penalties next higher in degree than those provided in said
articles.

Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building . — In the cases
enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the culprit
shall suffer the penalty next lower in degree than that prescribed in said articles.

Art. 304. Possession of picklocks or similar tools. — Any person who shall without lawful cause have in his
possession picklocks or similar tools especially adopted to the commission of the crime of robbery, shall be punished
by arresto mayor in its maximum period to prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith, he
shall suffer the penalty of prision correccional in its medium and maximum periods.

Art. 305. False keys. — The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

Chapter Two
BRIGANDAGE

Art. 306. Who are brigands; Penalty. — When more than three armed persons form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom
or for any other purpose to be attained by means of force and violence, they shall be deemed highway robbers or
brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal in
its minimum period if the act or acts committed by them are not punishable by higher penalties, in which case, they
shall suffer such high penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that said persons
are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period.

Art. 307. Aiding and abetting a band of brigands. — Any person knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the next preceding article, or giving them information of the
movements of the police or other peace officers of the Government (or of the forces of the United States Army),
when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands
shall be punished by prision correccional in its medium period to prision mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in this article has performed them
knowingly, unless the contrary is proven.

Chapter Three
THEFT

90
 Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property of another without the latter's
consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its
owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the
fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to
another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest
or farm products.

Art. 309. Penalties. — Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more
than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount
the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional
ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. In such cases,
and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of
this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is
more than 6,000 pesos but does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is
more than 200 pesos but does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property
stolen is over 50 pesos but does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos.
If such value exceeds said amount, the provision of any of the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is
not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning
a livelihood for the support of himself or his family.

Art. 310. Qualified theft. — The crime of theft shall be punished by the penalties next higher by two degrees than
those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from
the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As amended
by R.A. 120 and B.P. Blg. 71. May 1, 1980).

Art. 311. Theft of the property of the National Library and National Museum. — If the property stolen be any
property of the National Library or the National Museum, the penalty shall be arresto mayor or a fine ranging from
91
200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which
case, the offender shall be punished by such higher penalty.

Chapter Four
USURPATION

Art. 312. Occupation of real property or usurpation of real rights in property. — Any person who, by means of
violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in
property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be
punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Art. 313. Altering boundaries or landmarks. — Any person who shall alter the boundary marks or monuments of
towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be punished
by arresto menor or a fine not exceeding 100 pesos, or both.

Chapter Five
CULPABLE INSOLVENCY

Art. 314. Fraudulent insolvency

Elements:
1. Offender is a debtor,that is, he has obligations due and payable
2. Absconds with his property
3. Prejudice to his creditors

*Actual prejudice to his creditors are required.

Chapter Six
SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow
shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount
of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the
penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional
10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be
termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000
pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount
is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four
cases mentioned, the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue
of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.

92
 (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal
property received by the offender in trust or on commission, or for administration, or under any other obligation
involving the duty to make delivery of or to return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the offended party or of any third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the
commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which
the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by
the maximum period of the penalty.

(d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not
sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary
to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said
check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging
house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the
use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any
other papers.

Art. 316. Other forms of swindling. — The penalty of arresto mayor in its minimum and medium period and a fine
of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such
encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the
latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

93
5. Any person who shall accept any compensation given him under the belief that it was in payment of services
rendered or labor performed by him, when in fact he did not actually perform such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from
the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of
such obligation.

Art. 317. Swindling a minor. — Any person who taking advantage of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any
property right in consideration of some loan of money, credit or other personal property, whether the loan clearly
appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum
ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

Art. 318. Other deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage
caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding articles of this chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding
200 pesos.

Chapter Seven
CHATTEL MORTGAGE

Art. 319. Removal, sale or pledge of mortgaged property. — The penalty or arresto mayor or a fine amounting to
twice the value of the property shall be imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to
any province or city other than the one in which it was located at the time of the execution of the mortgage, without
the written consent of the mortgagee, or his executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms
of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on
the record hereof in the office of the Register of Deeds of the province where such property is located.

Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Art. 320. Destructive arson. — The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general
museum of the Government.

2. Any passenger train or motor vehicle in motion or vessel out of port.

3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

Art. 321. Other forms of arson. — When the arson consists in the burning of other property and under the
circumstances given hereunder, the offender shall be punishable:

1. By reclusion temporal or reclusion perpetua:

94
(a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it
to
be occupied at the time by one or more persons;

(b) If the building burned is a public building and value of the damage caused exceeds 6,000 pesos;

(c) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in
instituting prosecution for the punishment of violators of the law, irrespective of the amount of the damage;

(d) If the building burned is a public building and the purpose is to destroy evidence kept therein to be used in
legislative, judicial or administrative proceedings, irrespective of the amount of the damage; Provided, however, That
if the evidence destroyed is to be used against the defendant for the prosecution of any crime punishable under
existing laws, the penalty shall be reclusion perpetua;

(e) If the arson shall have been committed with the intention of collecting under an insurance policy against loss
or damage by fire.
2. By reclusion temporal:

(a) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the
culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight
train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos;

(b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6,000
pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire and the
damage caused exceeds 6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused exceeds 6,000
pesos.

3. By prision mayor:

(a) If the value of the damage caused in the case mentioned in paragraphs (a), (c), and (d) in the next
preceding subdivision does not exceed 6,000 pesos;

(b) If a building not used as a dwelling or place of assembly, located in a populated place, is set on fire, and the
damage caused exceeds 6,000 pesos;

4. By prision correccional in its maximum period to prision mayor in its medium period:

(a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds
1,000 pesos;
(b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this
article does not exceed 200 pesos.

5. By prision correccional in its medium period to prision mayor in its minimum period, when the damage
caused is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in paragraph (a) of the
preceding subdivision is set on fire; but when the value of such property does not exceed 200 pesos, the penalty
next lower in degree than that prescribed in this subdivision shall be imposed.

6. The penalty of prision correccional in its medium and maximum periods, if the damage caused in the case
mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos.

95
 7. The penalty of prision correccional in its minimum and medium periods, if the damage caused in the case
mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos.

8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the damage caused
shall be imposed, when the property burned consists of grain fields, pasture lands, forests, or plantations when the
value of such property does not exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969).

Art. 322. Cases of arson not included in the preceding articles. — Cases of arson not included in the next
preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50 pesos;

2. By arresto mayor in its maximum period to prision correccional in its minimum period, when the damage caused is
over 50 pesos but does not exceed 200 pesos;

3. By prision correccional in its minimum and medium periods, if the damage caused is over 200 pesos but does not
exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.

Art. 323. Arson of property of small value. — The arson of any uninhabited hut, storehouse, barn, shed, or any other
property the value of which does not exceed 25 pesos, committed at a time or under circumstances which clearly
exclude all danger of the fire spreading, shall not be punished by the penalties respectively prescribed in this chapter,
but in accordance with the damage caused and under the provisions of the following chapter.

Art. 324. Crimes involving destruction. — Any person who shall cause destruction by means of explosion, discharge
of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel,
taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains,
destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other
agency or means of destruction as effective as those above enumerated, shall be punished by reclusion temporal if
the commission has endangered the safety of any person, otherwise, the penalty of prision mayor shall be imposed.

Art. 325. Burning one's own property as means to commit arson . — Any person guilty of arson or causing great
destruction of the property belonging to another shall suffer the penalties prescribed in this chapter, even though he
shall have set fire to or destroyed his own property for the purposes of committing the crime.

Art. 326. Setting fire to property exclusively owned by the offender. — If the property burned shall be the
exclusive property of the offender, he shall be punished by arresto mayor in its maximum period to prision
correccional in its minimum period, if the arson shall have been committed for the purpose of defrauding or causing
damage to another, or prejudice shall actually have been caused, or if the thing burned shall have been a building in
an inhabited place.

Art. 326-A. In cases where death resulted as a consequence of arson. — If death resulted as a consequence of
arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles,
the court shall impose the death penalty.

Art. 326-B. Prima facie evidence of arson. — Any of the following circumstances shall constitute prima facie evidence
of arson:

1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other
inflammables, or any mechanical, electrical chemical or traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were stored within the building not necessary
in the course of the defendant's business; and

96
3. That the fire started simultaneously in more than one part of the building or locale under circumstances that
cannot normally be due to accidental or unintentional causes: Provided, however, That at least one of the following is
present in any of the three above-mentioned circumstances:

(a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value of such
building and/or goods at the time of the fire;

(b) That the defendant after the fire has presented a fraudulent claim for loss.

The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned, in order to
secure a conviction, or as a means of extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).

Chapter Nine
MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief. — Any person who shall deliberately cause the property of another
any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief. — Any person who shall cause damage to obstruct the performance
of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among
cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000
pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.

Art. 329. Other mischiefs. — The mischiefs not included in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000
pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed
1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if
the amount involved does not exceed 200 pesos or cannot be estimated.

Art. 330. Damage and obstruction to means of communication. — The penalty of prision correccional in its
medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or
telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be
imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things
pertaining to railways, shall be deemed to constitute an integral part of a railway system.

Art. 331. Destroying or damaging statues, public monuments or paintings. — Any person who shall destroy or
damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its
medium period to prision correccional in its minimum period.

97
 Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of
the court.
Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability. — No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following
persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same
shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the commission of the
crime.

Title Eleven
CRIMES AGAINST CHASTITY

Chapter One
ADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be
married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended
spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

Art. 334. Concubinage

Elements:
1.The man must be married
2.That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife c.
Cohabiting with her in any other place
3.That as regards the woman, she must know him to be married

Notes:
* A married man is not liable for concubinage for mere sexual relations with a woman who is not his wife. * Conjugal
dwelling means the home of the husband and wife even if the wife happens to be temporarily absent on any account.
* Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the
feelings of honest persons, and gives occasions to the neighbors spiritual damage and ruin.
* Cohabit means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from
occasional, transient interviews for unlawful intercourse.
* That woman must be taken into conjugal dwelling as a concubine.
* People in the vicinity are the best witnesses to prove scandalous circumstances.
* Adultery is more severely punished than concubinage. The concubine shall suffer the penalty of destierro.
98
Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS

Art. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under
any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next
preceding paragraphs shall be present.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.

When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty
shall be likewise death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by
R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964).

Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex,
under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who,
in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision
correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant,
whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the
persons and under the circumstances described herein.

Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall be
imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as
those provided in Articles 337 and 338.

Art. 340. Corruption of minors. — Any person who shall promote or facilitate the prostitution or corruption of
persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic
officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty
of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).

99
 Art. 341. White slave trade. — The penalty of prision mayor in its medium and maximum period shall be imposed
upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa
Blg. 186.)

Chapter Four
ABDUCTION

Art. 342. Forcible abduction. — The abduction of any woman against her will and with lewd designs shall be
punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

Art. 343. Consented abduction. — The abduction of a virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its
minimum and medium periods.

Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by
the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both
alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has
been expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended
party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this
paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the
abovementioned crimes.

Art. 345. Civil liability of persons guilty of crimes against chastity. — Person guilty of rape, seduction or abduction,
shall also be sentenced:

1. To indemnify the offended woman.

2. To acknowledge the offspring, unless the law should prevent him from so doing.

3. In every case to support the offspring.

The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same
proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.

Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended
party. — The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential
relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and
fourth, of this title, shall be punished as principals.

100
Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer
the penalty of temporary special disqualification in its maximum period to perpetual special disqualification.

Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit
of another, shall be punished by special disqualification from filling the office of guardian.

Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter one
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate
child. — The simulation of births and the substitution of one child for another shall be punished by prision mayor and
a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent
to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in
the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary special disqualification.

Art. 348. Usurpation of civil status. — The penalty of prision mayor shall be imposed upon any person who shall
usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs;
otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed.

Chapter Two
ILLEGAL MARRIAGES

Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon any person who shall contract a second or
subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared
presumptively dead by means of a judgment rendered in the proper proceedings.

Art. 350. Marriage contracted against provisions of laws. — The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any person who, without being included in the provisions of the next
proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud,
he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.

Art. 351. Premature marriages. — Any widow who shall marry within three hundred and one day from the date of
the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall
be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she
shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal
separation.

Art. 352. Performance of illegal marriage ceremony. — Priests or ministers of any religious denomination or sect,
or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with
the provisions of the Marriage Law.

Title Thirteen
CRIMES AGAINST HONOR

101
 Chapter One
LIBEL

Section One. — Definitions, forms, and punishment of this crime.

Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true,
if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social
duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or
other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said
proceedings, or of any other act performed by public officers in the exercise of their functions.

Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall
be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos,
or both, in addition to the civil action which may be brought by the offended party.

Art. 356. Threatening to publish and offer to present such publication for a compensation. — The penalty of
arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another
to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon
anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

Art. 357. Prohibited publication of acts referred to in the course of official proceedings. — The penalty of arresto
mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager or a
newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the
honor, virtue and reputation of said person, even though said publication be made in connection with or under the
pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have
been mentioned.

Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision
correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto
menor or a fine not exceeding 200 pesos.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any
act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If
said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Section Two. — General provisions

Art. 360. Persons responsible. — Any person who shall publish, exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means, shall be responsible for the same.

The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or
serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the
author thereof.

The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance of the province or city where the libelous article is printed
102
and first published or where any of the offended parties actually resides at the time of the commission of the
offense: Provided, however, That where one of the offended parties is a public officer whose office is in the City of
Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City
of Manila, or of the city or province where the libelous article is printed and first published, and in case such public
officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province
or city where he held office at the time of the commission of the offense or where the libelous article is printed and
first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of
First Instance of the province or city where he actually resides at the time of the commission of the offense or where
the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same
court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal
action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And,
provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal
actions which have been filed in court at the time of the effectivity of this law.

Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by
the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where
such action may be instituted in accordance with the provisions of this article.

No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall
be brought except at the instance of and upon complaint expressly filed by the offended party. (As amended by R.A.
1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965).

Art. 361. Proof of the truth. — In every criminal prosecution for libel, the truth may be given in evidence to the court
and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives
and for justifiable ends, the defendants shall be acquitted.

Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the
imputation shall have been made against Government employees with respect to facts related to the discharge of their
official duties.

In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.

Art. 362. Libelous remarks. — Libelous remarks or comments connected with the matter privileged under the
provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor
of a newspaper from criminal liability.

Chapter Two
INCRIMINATORY MACHINATIONS

Art. 363. Incriminating innocent person. — Any person who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor.

Art. 364. Intriguing against honor. — The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed
for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.

Title Fourteen
QUASI-OFFENSES
CRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence. — Any person who, by reckless imprudence, shall commit any act which, had
it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period
to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty
of arresto menor in its maximum period shall be imposed.

103
 Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave
felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a
less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted in damage to the property of another,
the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times
such value, but which shall in no case be less than twenty-five pesos.

A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence
or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules
prescribed in Article sixty-four.

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than those provided in the first two
paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which
should be imposed in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be
caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.

Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material
damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform
such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other
circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be
caused is not immediate nor the danger clearly manifest.

The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails
to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790,
approved June 21, 1957).

FINAL PROVISIONS

Art. 366. Application of laws enacted prior to this Code. — Without prejudice to the provisions contained in Article
22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be
punished in accordance with the Code or Acts in force at the time of their commission.

Art. 367. Repealing Clause.

CRIMINAL PROCEDURE

RULE 110
PROSECUTION OF OFFENSES
SECTION 1. Institution of criminal actions.—Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered
cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

104
 The institution of the criminal action shall interrupt the running of the period of prescription of the offense
charged unless otherwise provided in special laws, (1a)
SEC. 2. The complaint or information.—The complaint or information shall be in writing, in the name of the
People of the Philippines and against all persons who appear to be responsible for the offense involved. (2a)
SEC. 3. Complaint defined.—A complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the
law violated. (3)
SEC. 4. Information defined.—An information is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court. (4a)
SEC. 5. Who must prosecute criminal actions.—All criminal actions commenced by a complaint or information
shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal
Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any
peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This
authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial
Court.
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended
spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both are alive,
nor, in any case, if the offended party has consented to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint
filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been
expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the
complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her
behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her
parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or
guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided,
except as stated in the preceding paragraph.
No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall
be brought except at the instance of and upon complaint filed by the offended party. (5a)
The prosecution for violation of special laws shall be governed by the provisions thereof, (n)
SEC. 6. Sufficiency of complaint or information.—A complaint or information is sufficient if it states the name of
the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting
the offense; the name of the offended party; the approximate date of the commission of the offense; and the place
where the offense was committed.
When an offense is committed by more than one person, all of them shall be included in the complaint or
information. (6a)
SEC. 7. Name of the accused.—The complaint or information must state the name and surname of the accused
or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court,
such true name shall be inserted in the complaint or information and record. (7a)
SEC. 8. Designation of the offense.—The complaint or information shall state the designation of the offense
given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the
statute punishing it. (8a)
SEC. 9. Cause of the accusation.—The acts or omissions complained of as constituting the offense and the
qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the
language used in the statute, but in terms sufficient to enable a person of common understanding to know what
105
 offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce
judgment. (9a)
SEC. 10. Place of commission of the offense.—The complaint or information is sufficient if it can be
understood from its allegations that the offense was committed or some of its essential ingredients occurred at some
place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential
element of the offense charged or is necessary for its identification. (10a)
SEC. 11. Date of commission of the offense.—It is not necessary to state in the complaint or information the
precise date the offense was committed except when it is a material ingredient of the offense. The offense may be
alleged to have been committed on a date as near as possible to the actual date of its commission. (11a)
SEC. 12. Name of the offended party.—The complaint or information must state the name and surname of the
person against whom or against whose property the offense was committed, or any appellation or nickname by
which such person has been or is known. If there is no better way of identifying him, he must be described under a
fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the property must be
described with such particularity as to properly identify the offense charged.
(b) If the true name of the person against whom or against whose property the offense was committed
is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or
information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without need of averring that it is a juridical
person or that it is organized in accordance with law. (12a)
SEC. 13. Duplicity of the offense.—A complaint or information must charge only one offense, except when the
law prescribes a single punishment for various offenses. (13a)
SEC. 14. Amendment or substitution.—A complaint or information may be amended, in form or in substance,
without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal
amendment may only be made with leave of court and when it can be done without causing prejudice to the rights
of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any
accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the
offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the offended party, (n)
If it appears at any time before judgment that a mistake has been made in charging the proper offense, the
court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in
accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may
require the witnesses to give bail for their appearance at the trial. (14a)
SEC. 15. Place where action is to be instituted.—
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of
its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such
train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action
shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the
vessel passed during such voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code
shall be cognizable by the court where the criminal action is first filed. (15a)
SEC. 16. Intervention of the offended party in criminal action. —Where the civil action for recovery of civil
liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the
prosecution of the offense. (16a)

106
RULE 111
PROSECUTION OF CIVIL ACTION
SECTION 1. Institution of criminal and civil actions.—(a) When a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action
unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil
action prior to the criminal action.
The reservation of the right to institute separately the civil action shall be made before the prosecution
starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to
make such reservation.
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate,
or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor
shall constitute a first lien on the judgment awarding such damages.
Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding
filing fees shall be paid by the offended party upon the filing thereof in court.
Except as otherwise provided in these Rules, no filing fees shall be required for actual damages.
No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any
cause of action which could have been the subject thereof may be litigated in a separate civil action, (1a)
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil
action. No reservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees
based on the amount of the check involved, which shall be considered as the actual damages claimed. Where the
complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the
offended party shall pay additional filing fees based on the amounts alleged therein. If the amounts are not so
alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount
awarded shall constitute a first lien on the judgment.
Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated
with the criminal action upon application with the court trying the latter case. If the application is granted, the trial of
both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal
actions. (cir. 57-97)
SEC. 2. When separate civil action is suspended. —After the criminal action has been commenced, the separate
civil action arising there from cannot be instituted until final judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended
in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is
rendered in the criminal action. Nevertheless, before judgment on the merits is rendered in the civil action, the same
may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal
action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses
presented by the offended party in the criminal case and of the parties to present additional evidence. The
consolidated criminal and civil actions shall be tried and decided jointly.
During the pendency of the criminal action, the running of the period of prescription of the civil action which
cannot be instituted separately or whose proceeding has been suspended shall be tolled, (n)
The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the
act or omission from which the civil liability may arise did not exist. (2a)
SEC. 3. When civil action may proceed independently.—In the cases provided in Articles 32, 33, 34 and 2176 of
the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may
the offended party recover damages twice for the same act or omission charged in the criminal action. (3a)

107
 SEC. 4. Effect of death on civil actions.—The death of the accused after arraignment and during the pendency
of the criminal action shall extinguish the civil liability arising from the delict.
However, the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to
enforce liability arising from other sources of obligation may be continued against the estate or legal representative
of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be
substituted for the deceased without requiring the appointment of an executor or administrator and the court may
appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a
period of thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in
these rules for prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the
offended party may file against the estate of the deceased, (n)
SEC. 5. Judgment in civil action not a bar. —A final judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission
subject of the civil action. (4a)
SEC. 6. Suspension by reason of prejudicial question.—A petition for suspension of the criminal action based
upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court
conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to
suspend shall be filed in the same criminal action at any time before the prosecution rests. (6a)
SEC. 7. Elements of prejudicial question.—The elements of a prejudicial question are: (a) the previously
instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal
action, and (b) the resolution of such issue determines whether or not the criminal action may proceed. (5a)

RULE 112
PRELIMINARY INVESTIGATION
SECTION 1. Preliminary investigation defined; when required.—Preliminary investigation is an inquiry or
proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should be held for trial.
Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted before the
filing of a 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, (1a)
SEC. 2. Officers authorized to conduct preliminary investigations. —

The following may conduct preliminary investigations:

(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.
Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in
their respective territorial jurisdictions. (2a)
SEC. 3. Procedure.—The preliminary investigation shall be conducted in the following manner:
(a) The complaint shall state the address of the respondent and shall be accompanied by the affidavits of
the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall
be in such number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall
be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in
their absence or unavailability, before a notary public, each of whom must certify that he personally examined the
affiants and that he is satisfied that they voluntarily executed and understood their affidavits.

108
 (b) Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if
he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy
of the complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the complainant which he
may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant
may be required to specify those which he intends to present against the respondent, and these shall be made
available for examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for examination, copying,
or photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and
documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting
documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as
provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant;. The
respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, of if subpoenaed, does not submit counter-affidavits within
the ten (10) day period, the investigating officer shall resolve the complaint based on the evidence presented by
the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a
witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may,
however, submit to the investigating officer questions which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits and other
documents or from the expiration of the period for their submission. It shall be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for trial. (3a)
SEC. 4. Resolution of investigating prosecutor and its review. —If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the
information that he, or as shown by the record, an authorized officer, has personally examined the complainant and
his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him;
and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the
dismissal of the complaint.
Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city
prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days
from their receipt thereof and shall immediately inform the parties of such action.
No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written
authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct
another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation.
If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu
proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state
prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting
another preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to
the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the
Ombudsman. (4a)
SEC. 5. Resolution of investigating judge and its review.— Within ten (10) days after the preliminary
investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to
the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original
jurisdiction, for appropriate action. The resolution shall state the findings of facts and the law supporting his action,

109
together with the record of the case which, shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the
affidavits, counter-affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused and
the order for his release; (d) the transcripts of the proceedings during the preliminary investigation; and (e) the order of
cancellation of his bail bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his
deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable
cause. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be
furnished with copies thereof. They shall order the release of an accused who is detained if no probable cause is
found against him. (5a)
SEC. 6. When warrant of arrest may issue.—(a) By the Regional Trial Court .—Within ten (10) days from the
filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish
probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused
has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or
when the complaint or information was filed pursuant to section 7 of this Rule. In case of doubt on the existence of
probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice
and the issue must be resolved by the court within thirty (30) days from the filing of the complaint or information.
(b) By the Municipal Trial Court.—When required pursuant to the second paragraph of section 1 of this Rule,
the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by either the judge or
the prosecutor. When conducted by the prosecutor, the procedure for the issuance of a warrant of arrest by the
judge shall be governed by paragraph (a) of this section. When the investigation is conducted by the judge himself,
he shall follow the procedure provided in section 3 of this Rule. If his findings and recommendations are affirmed by
the provincial or city prosecutor, or by the Ombudsman or his deputy, and the corresponding information is filed, he
shall issue a warrant of arrest. However, without waiting for the conclusion of the investigation, the judge may issue
a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in
the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing
the respondent under immediate custody in order not to frustrate the ends of justice.
(c) When warrant of arrest not necessary. —A warrant of arrest shall not issue if the accused is already under
detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section,
or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine
only. The court shall then proceed in the exercise of its original jurisdiction. (6a)
SEC. 7. When accused lawfully arrested without warrant.—When a person is lawfully arrested without a
warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by
a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing
rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or
a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or
person.
Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation
must be terminated within fifteen (15) days from its inception.
After the filing of the complaint or information in court without a preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to
adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
SEC. 8. Records.—(a) Records supporting the information or complaint.—An information or complaint filed in
court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the
other supporting evidence and the resolution on the case.
(b) Record of preliminary investigation.—The record of the preliminary investigation, whether conducted by a
judge or a prosecutor, shall not form part of the record of the case. However, the court, on its own initiative or on
motion of any party, may order the production of the record or any of its part when necessary in the resolution of
the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party.
(8a)

110
 SEC. 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure.—
(a) If filed with the prosecutor.—If the complaint is filed directly with the prosecutor involving an
offense punishable by imprisonment of less than four (4) years, two (2) months and one (1) day, the procedure
outlined in section 3(a) of this Rule shall be observed. The prosecutor shall act on the complaint based on the
affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing.
(b) If filed with the Municipal Trial Court.— If the complaint or information is filed with the Municipal
Trial Court or Municipal Circuit Trial Court for an offense covered by this section, the procedure in section 3(a) of
this Rule shall be observed. If within ten (10) days after the filing of the complaint or information, the judge finds
no probable cause after personally evaluating the evidence, or after personally examining in writing and under
oath the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the
same. He may, how ever, require the submission of additional evidence, within ten (10) days from notice, to
determine further the existence of probable cause. If the judge still finds no probable cause despite the additional
evidence, he shall, within ten (10) days from its submission or expiration of said period, dismiss the case. When
he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already
been arrested, and hold him for trial. However, if the judge is satisfied that there is no necessity for placing the
accused under custody, he may issue summons instead of a warrant of arrest. (9a) RULE 113
ARREST
SECTION 1. Definition 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. (1)
SEC. 2. Arrest; how made.—An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to
a greater restraint than is necessary for his detention. (2a)
SEC. 3. Duty of arresting officer. —It shall be the duty of the officer executing the warrant to arrest the accused
and deliver him to the nearest police station or jail without unnecessary delay. (3a)
SEC. 4. Execution of warrant.—The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who
issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)
SEC. 5. 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.
In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule
112,
(5a)
SEC. 6. Time of making arrest.—An arrest may be made on any day and at any time of the day or night. (6)
SEC. 7. Method of arrest by officer by virtue of warrant. —When making an arrest by virtue of a warrant, the
officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued
for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time
of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as
practicable. (7a)

111
 SEC. 8. Method of arrest by officer without warrant.—When making an arrest without a warrant, the officer shall
inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the
officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. (8a)
SEC. 9. Method of arrest by private person.—When making an arrest, a private person shall inform the person
to be arrested of the intention to arrest him and the cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to so inform him, or when the giving of such information will
imperil the arrest. (9a)
SEC. 10. Officer may summon assistance.—An officer making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall
assist him in effecting the arrest when he can render such assistance without detriment to himself. (10a)
SEC. 11. Right of officer to break into building or enclosure. —An officer, in order to make an arrest either by
virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where
the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his
authority and purpose, (11a)
SEC. 12. Right to break out from building or enclosure. —Whenever an officer has entered the building, or
enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself.
(12a)
SEC. 13. Arrest after escape or rescue.—If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (13)
SEC. 14. Right of attorney or relative to visit person arrested. —Any member of the Philippine Bar shall, at the
request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such
person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a
relative of the person arrested can also exercise the same right. (14a)

RULE 114
BAIL
SECTION 1. Bail defined.—Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter
specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance, (1a)
SEC. 2. Conditions of the bail; requirements.—All kinds of bail are subject to the following conditions:
(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in form
at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the court or these
Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice
shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia;
and
(d) The bondsman shall surrender the accused to the court for execution of the final execution.
The original papers shall state the full name and address of the accused, the amount of the undertaking and the
conditions required by this section. Photographs (passport size) taken within the last six (6) months showing the
face, left and right profiles of the accused must be attached to the bail. (2a)
SEC. 3. No release or transfer except on court order or bail. —No person under detention by legal process
shall be released or transferred except upon order of the court or when he is admitted to bail. (3a)
SEC. 4. Bail, a matter of right; exception.—All persons in custody shall be admitted to bail as a matter of right,
with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction
112
 by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court,
and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or
life imprisonment. (4a)
SEC. 5. Bail, when discretionary.—Upon conviction by the Regional Trial Court of an .offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be
filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the
original record to the appellate court. However, if the decision of the trial court convicting the accused changed the
nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the
appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied
bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or
other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions
of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.

The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial
Court after notice to the adverse party in either case. (5a)
SEC. 6. Capital offense, defined.—A capital offense is an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be punished with death. (6a)
SEC. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. —No
person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. (7a)
SEC. 8. Burden of proof in bail application.—At the hearing of an application for bail filed by a person who is in
custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the
prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail
hearing shall be considered automatically reproduced at the trial but, upon motion of either party, the court may
recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to
testify. (8a)
SEC. 9. Amount of bail; guidelines.—The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to, the following factors:
(a)Financial ability of the accused to give bail;
(b)Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d)Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g)Probability of the accused appearing at the trial;
(h)Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and (j) Pendency of other cases where
the accused is on bail.
113
 Excessive bail shall not be required. (9a)
SEC. 10. Corporate surety.—Any domestic or foreign corporation, licensed as a surety in accordance with law
and currently authorized to act as such, may provide bail by a bond subscribed jointly by the accused and an officer
of the corporation duly authorized by its board of directors. (10a)
SEC. 11. Property bond, how posted.—A property bond is an undertaking constituted as lien on the real
property given as security for the amount of the bail. Within ten (10) days after the approval of the bond, the
accused shall cause the annotation of the lien on the certificate of title on file with the Registry of Deeds if the land is
registered, or if unregistered, in the Registration Book on the space provided therefor, in the Registry of Deeds for
the province or city where the land lies, and on the corresponding tax declaration in the office of the provincial, city
and municipal assessor concerned.
Within the same period, the accused shall submit to the court his compliance and his failure to do so shall be
sufficient cause for the cancellation of the property bond and his re-arrest and detention. (11a)
SEC. 12. Qualifications of sureties in property bond.—The qualifications of sureties in a property bond shall be
as follows:
(a) Each must be a resident owner of real estate within the Philippines;
(b) Where there is only one surety, his real estate must be worth at least the amount of the
undertaking;
(c) If there are two or more sureties, each may justify in an amount less than that expressed in the
undertaking but the aggregate of the justified sums must be equivalent to the whole amount of the bail
demanded.
In all cases, every surety must be worth the amount specified in his own undertaking over and above all just
debts, obligations and properties exempt from execution. (12a)
SEC. 13. Justification of sureties.—Every surety shall justify by affidavit taken before the judge that he
possesses the qualifications prescribed in the preceding section. He shall describe the property given as security,
stating the nature of his title, its encumbrances, the number and amount of other bails entered into by him and still
undischarged, and his other liabilities. The court may examine the sureties upon oath concerning their sufficiency in
such manners it may deem proper. No bail shall be approved unless the surety is qualified. (13a)
SEC. 14. Deposit of cash as bail.—The accused or any person acting in his behalf may deposit in cash with the
nearest collector of internal revenue or provincial, city, or municipal treasurer the amount of bail fixed by the court,
or recommended by the prosecutor who investigated or filed the case. Upon submission of a proper certificate of
deposit and a written undertaking showing compliance with the requirements of section 2 of this Rule, the accused
shall be discharged from custody. The money deposited shall be considered as bail and applied to the payment of
fine and costs while the excess, if any, shall be returned to the accused or to whoever made the deposit. (14a)
SEC. 15. Recognizance.—Whenever allowed by law or these Rules, the court may release a person in custody
on his own recognizance or that of a responsible person. (15a)
SEC. 16. Bail, when not required; reduced bail or recognizance.- —No bail shall be required when the law or
these Rules so provide.
When a person has been in custody for a period equal to or more than the possible maximum imprisonment
prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the
trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the
offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be
released on a reduced bail or on his own recognizance, at the discretion of the court. (16a)
SEC. 17. Bail, where filed.—(a) Bail in the amount fixed may be filed with the court where the case is pending,
or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. If the accused is arrested in
a province, city, or municipality other than where the case is pending, bail may also be filed with any regional trial
court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge therein.
114
 (b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending, whether on
preliminary investigation, trial, or appeal.
(c) Any person in custody who is not yet charged in court may apply for bail with any court in
the province, city, or municipality where he is held. (17a)
SEC. 18. Notice of application to prosecutor.—In the application for bail under section 8 of this Rule, the court
must give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation. (18a)
SEC. 19. Release on bail.—The accused must be discharged upon approval of the bail by the judge with whom
it was filed in accordance with section 17 of this Rule.
When bail is filed with a court other than where the case is pending, the judge who accepted the bail shall
forward it, together with the order of release and other supporting papers, to the court where the case is pending,
which may, for good reason, require a different one to be filed. (19a)
SEC. 20. Increase or reduction of bail.—After the accused is admitted to bail, the court may, upon good cause,
either increase or reduce its amount. When increased, the accused may be committed to custody if he does not give
bail in the increased amount within a reasonable period. An accused held to answer a criminal charge, who is
released without bail upon filing of the complaint or information, may, at any subsequent stage of the proceedings
and whenever a strong showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu
thereof, committed to custody. (20a)
SEC. 21. Forfeiture of bail.—When the presence of the accused is required by the court or these Rules, his
bondsmen shall be notified to produce him before the court on a given date and time. If the accused fails to appear
in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to
produce their principal and to show cause why no judgment should be rendered against them for the amount of their
bail. Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the
amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused
has been surrendered or is acquitted. (21a)
SEC. 22. Cancellation of bail.—Upon application of the bondsmen, with due notice to the prosecutor, the bail
may be cancelled upon surrender of the accused or proof of his death.
The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution
of the judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on the bail. (22a)
SEC. 23. Arrest of accused out on bail.—For the purpose of surrendering the accused, the bondsmen may arrest
him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police
officer or any other person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from
the Philippines without permission of the court where the case is pending. (23a)
SEC. 24. No bail after final judgment; exception. —No bail shall be allowed after a judgment of conviction has
become final. If before such finality, the accused applies for probation, he may be allowed temporary liberty under his
bail. When no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance
to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has
commenced to serve sentence. (24a)
SEC. 25. Court supervision of detainees.—The court shall exercise supervision over all persons in custody for
the purpose of eliminating unnecessary detention. The executive judges of the Regional Trial Courts shall conduct
monthly personal inspections of provincial, city, and municipal jails and the prisoners within their respective
jurisdictions. They shall ascertain the number of detainees, inquire on their proper accommodation and health and
examine the condition of the jail facilities. They shall order the segregation of sexes and of minors from adults,
ensure the observance of the right of detainees to confer privately with counsel, and strive to eliminate conditions
inimical to the detainees.
115
 In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal circuit
trial judges shall conduct monthly personal inspections of the municipal jails in their respective municipalities and
submit a report to the executive judge of the Regional Trial Court having jurisdiction therein.
A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator which
shall state the total number of detainees, the names of those held for more than thirty (30) days, the duration of
detention, the crime charged, the status of the case, the cause for detention, and other pertinent information. (25a)
SEC. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. —An
application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality
of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary
investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve
the matter as early as practicable but not later than the start of the trial of the case, (n)

RULE 115
RIGHTS OF ACCUSED
SECTION 1. Rights of accused at the trial.—In all criminal prosecutions, the accused shall be entitled to the
following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his tail, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the accused without justifiable cause at the trial of
which he had notice shall be considered a waiver of his right to be present thereat. When an accused
under custody escapes, he shall be deemed to have waived his right to be present on all subsequent
trial dates until custody over him is regained. Upon motion, the accused may be allowed to defend
himself in person when it sufficiently appears to the court that he can properly protect his rights without
the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize
as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence
be found in the Philippines, unavailable, or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party
having the opportunity to crossexamine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

RULE 116
ARRAIGNMENT AND PLEA
SECTION 1. Arraignment and plea; how made.—
(a) The accused must be arraigned before the court where the complaint or information was filed or
assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused
with a copy of the complaint or information, reading the same in the language or dialect known to him, and
asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than
those named in the complaint or information.

116
 (b) The accused must be present at the arraignment and must personally enter his plea. Both
arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the
proceedings.
(c) When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered
for him. (1a)
(d) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered for him. (n)
(e) When the accused is under preventive detention, his case shall be raffled and its records transmitted
to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint.
The accused shall be arraigned within ten (10) days from the date of the raffle. The pre-trial conference of his
case shall be held within ten (10) days after arraignment, (n)
(f) The private offended party shall be required to appear at the arraignment for purposes of plea
bargaining, determination of civil liability, and other matters requiring his presence. In case of failure of the
offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a
lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor
alone,
(cir. 1-89)
(g) Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall
be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The
time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the
arraignment shall be excluded in computing the period, (sec. 2, cir. 38-98)
SEC. 2. Plea of guilty to a lesser offense. —At arraignment, the accused, with the consent of the offended party
and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included
in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said
lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary.
(sec. 4, cir. 38-98)
SEC. 3. Plea of guilty to capital offense; reception of evidence.—When the accused pleads guilty to a capital
offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences
of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability.
The accused may present evidence in his behalf. (3a)
SEC. 4. Plea of guilty to non-capital offense; reception of evidence, discretionary. —When the accused
pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty
to be imposed. (4)
SEC. 5. Withdrawal of improvident plea of guilty.—At any time before the judgment of conviction becomes final,
the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. (5)
SEC. 6. Duty of court to inform accused of his right to counsel. —Before arraignment, the court shall inform
the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend
himself in person or has employed counsel of his choice, the court must assign a counsel de oficio to defend him.
(6a)
SEC. 7. Appointment of counsel de oficio.—The court, considering the gravity of the offense and the difficulty
of the questions that may arise, shall appoint as counsel de oficio such members of the bar in good standing who, by
reason of their experience and ability, can competently defend the accused. But in localities where such members of
the bar are not available, the court may appoint any person, resident of the province and of good repute for probity
and ability, to defend the accused. (7a)
SEC. 8. Time for counsel de oficio to prepare for arraignment. —Whenever a counsel de oficio is appointed by
the court to defend the accused at the arraignment, he shall be given a reasonable time to consult with the accused as
to his plea before proceeding with the arraignment. (8)
SEC. 9. Bill of particular — The accused may, before arraignment, move for a bill of particulars to enable him
properly to plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information
and the details desired. (10a)

117
 SEC. 10. Production or inspection of material evidence in p ossession of prosecution.—Upon motion of the
accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or
alteration, may order the prosecution to produce and permit the inspection and copying or photographing of any
written statement given by the complainant and other witnesses in any investigation of the offense conducted by the
prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters,
photographs, objects, or tangible things not otherwise privileged, which constitute or contain evidence material to
any matter involved in the case and which are in possession or under the control of the prosecution, police, or other
law investigating agencies. (11a)
SEC. 11. Suspension of arraignment.–Upon motion by the proper party, the arraignment shall be suspended in
the following cases:
(a) The accused appears to be suffering from an unsound mental condition which effectively renders
him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court
shall order his mental examination and, if necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending at either the Department of
Justice, or the Office of the President; provided, that the period of suspension shall not exceed sixty (60) days
counted from the filing of the petition with the reviewing office. (12a)

RULE 117
MOTION TO QUASH
SECTION 1. Time to move to quash.–At any time before entering his plea, the accused may move to quash the
complaint for information. (1)
SEC. 2. Form and contents.–The motion to quash shall be in writing, signed by the accused or his counsel and
shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the
motion, except lack of jurisdiction over the offense charged (2a)
SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or
justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the
case against him was dismissed or otherwise terminated without his express consent. (3a)
SEC. 4. Amendment of complaint or information. —If the motion to quash is based on an alleged defect of the
complaint or information which can be cured by amendment, the court shall order that an amendment be made.
(4a);
If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given
by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails
to make the amendment, or the complaint or information still suffers from the same defect despite the amendment,
(n)
SEC. 5. Effect of sustaining the motion to quash.—If the motion to quash is sustained, the court may order
that another complaint or information be filed except as provided in section 6 of this Rule. If the order is made, the
accused, if in custody, shall not be discharged unless admitted to bail. If no order is made or if having been made,
118
 no new information is filed within the time specified in the order or within such further time as the court may allow
for good cause, the accused, if in custody, shall be discharged unless he is also in custody for another charge. (5a)
SEC. 6. Order sustaining the motion to quash not a bar to another prosecution; exception. —An order
sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was
based on the grounds specified in section 3 (g) and (i) of this Rule. (6a)
SEC. 7. Former conviction or acquittal; double jeopardy.—When an accused has been convicted or acquitted,
or the case against him dismissed or otherwise terminated without his express consent by a court of competent
jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain
a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the
same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense
charged in the former complaint or information.
However, the conviction of the accused shall not be a bar to another prosecution for an offense
which necessarily includes the offense charged in the former complaint or information under any of the
following instances:
(a) the graver offense developed due to supervening facts arising from the same act or omission constituting
the former charge;
(b) the facts constituting the graver charge became known or were discovered only after a plea was entered in
the former complaint or information; or
(c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended
party except as provided in section 1(f) of Rule 116.
In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be
credited with the same in the event of conviction for the graver offense. (7a)
SEC. 8. Provisional dismissal.—A case shall not be provisionally dismissed except with the express consent of the
accused and with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any
amount, or both, shall become permanent one (1) year after issuance of the order without the case having been
revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal
shall become permanent two (2) years after issuance of the order without the case having been revived, (n)
SEC. 9. Failure to move to quash or to allege any ground therefor. —The failure of the accused to assert any
ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion
to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based
on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule. (8a)

RULE 118
PRE-TRIAL
SECTION 1. Pre-trial; mandatory in criminal cases.—In all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit
Trial Court, the court shall, after arraignment and within thirty (30) days from the date the court acquires jurisdiction
over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme
Court, order a pre-trial conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense;
and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
(secs. 2 and 3, cir. 38-98)
119
 SEC. 2. Pre-trial agreement.—All agreements or admissions made or entered during the pre-trial conference shall
be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused.
The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court, (sec. 4, cir.
38-98)
SEC. 3. Non-appearance at pre-trial conference.—If the counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may
impose proper sanctions or penalties, (sec. 5, cir. 38-98)
SEC. 4. Pre-trial order.—After the pre-trial conference, the court shall issue an order reciting the actions taken,
the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed
of, and control the course of the action during the trial, unless modified by the court to prevent manifest injustice.
(3) RULE 119
TRIAL
SECTION 1. Time to prepare for trial.—After a plea of not guilty is entered, the accused shall have at least fifteen
(15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order, (sec.
6, cir. 38-98)
SEC. 2. Continuous trial until terminated; postponements.—Trial once commenced shall continue from day to
day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. (2a)
The court, shall, after consultation with the prosecutor and defense counsel, set the case for continuous trial on a
weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the
entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by
the Supreme Court, (sec. 8, cir. 38-98).
The time limitations provided under this section and the preceding section shall not apply where special laws or
circulars of the Supreme Court provide for a shorter period of trial, (n)
SEC. 3. Exclusions.—The following periods of delay shall be excluded in computing the time within which trial
must commence:
(a) Any period of delay resulting from other proceedings concerning the accused, including but not
limited to the following:

(1) Delay resulting from an examination of the physical and mental condition of the accused;

(2) Delay resulting from proceedings with respect to other criminal charges against the accused;

(3) Delay resulting from extraordinary remedies against interlocutory orders;

(4) Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30)
days;

(5) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or
transfer from other courts;

(6) Delay resulting from a finding of the existence of a prejudicial question; and

(7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any
proceeding concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an essential
witness.
For purposes of this subparagraph, an essential witness shall be considered absent when his
whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered
unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due
diligence.

120
 (c) Any period of delay resulting from the mental incompetence or physical inability of
the accused to
stand trial.
(d) If the information is dismissed upon motion of the prosecution and thereafter a
charge is filed against the accused for the same offense, any period of delay from the date the charge
was dismissed to the date the time limitation would commence to run as to the subsequent charge
had there been no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with a co-accused
over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and
no motion for separate trial has been granted.
(f) Any period of delay resulting from a continuance granted by any court motu proprio,
or on motion of either the accused or his counsel, or the prosecution, if the court granted the
continuance on the basis of its findings set forth in the order that the ends of justice served by taking
such action outweigh the best interest of the public and the accused in a speedy trial. (sec. 9, cir. 38-
98)
SEC. 4. Factors for granting continuance.—The following factors, among others, shall be considered by a court
in determining whether to grant a continuance under section 3(f) of this Rule.
(a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation
of such proceeding impossible or result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of
accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within the
periods of time established therein.
In addition, no continuance under section 3(f) of this Rule shall be granted because of congestion of the court's
calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor, (sec.
10, cir. 38-98)
SEC. 5. Time limit following an order for new trial. —If the accused is to be tried again pursuant to an order for
a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period
becomes impractical due to unavailability of witnesses and other factors, the court may extend it but not to exceed
one hundred eighty (180) days from notice of said order for a new trial, (sec. 11, cir. 38-98)
SEC. 6. Extended time limit.—Notwithstanding the provisions of section 1(g), Rule 116 and the preceding
section 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, the time limit
with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180)
days. For the second twelve-month period, the time limit shall be one hundred twenty (120) days, and for the third
twelvemonth period, the time limit shall be eighty (80) days, (sec. 7, cir. 38-98)
SEC. 7. Public attorney's duties where accused is imprisoned. —If the public attorney assigned to defend a
person charged with a crime knows that the latter is preventively detained, either because he is charged with a
bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or, is serving a term of
imprisonment in any penal institution, it shall be his duty to do the following:
(a) Shall promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be served
on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to
demand trial.
(b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the
charge and of his right to demand trial. If at anytime thereafter the, prisoner informs his custodian that he
demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the
prisoner for trial.
(d) When the custodian of the prisoner receives from the public attorney a properly supported request for
the availability of the prisoner for purposes of trial, the prisoner shall be made available accordingly, (sec. 12, cir.
38-98)
SEC. 8. Sanctions.—In any case in which private counsel for the accused, the public attorney, or the prosecutor:

121
 (a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be
unavailable for trial;
(b) Files a motion solely for delay which he knows is totally frivolous and without merit;
(c) Makes a statement for the purpose of obtaining continuance which he knows to be false and
which is material to the granting of a continuance; or
(d) Willfully fails to proceed to trial without justification consistent with the provisions hereof, the
court may punish such counsel, attorney, or prosecutor, as follows:

(1)By imposing on a counsel privately retained in connection with the defense of an accused, a fine not
exceeding twenty thousand pesos (P20,000.00);

(2)By imposing on any appointed counsel de oficio, public attorney, or prosecutor a fine not exceeding five
thousand pesos (P5.000.00); and

(3)By denying any defense counsel or prosecutor the right to practice before the court trying the case for a
period not exceeding thirty (30) days. The punishment provided for by this section shall be without
prejudice to any appropriate criminal action or other sanction authorized under these rules. (sec. 13, cir.
38-98)
SEC. 9. Remedy where accused is not brought to trial within the time limit. —If the accused is not brought to
trial within the time limit required by Section 1(g), Rule 116 and Section 1, as extended by Section 6 of this rule, the
information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The
accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward
with the evidence to establish the exclusion of time under section 3 of this Rule. The dismissal shall be subject to the
rules on double jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under
this section, (sec. 14, cir. 38-98)
SEC. 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution. —No provision of law
on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right
to speedy trial guaranteed by section 14(2), article III, of the 1987 Constitution, (sec. 15, cir. 38-98)
SEC. 11. Order of trial.—The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his defense and damages, if any, arising from the
issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main
issue.
(d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision
unless the court directs them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in the complaint or information but interposes
a lawful defense, the order of trial may be modified. (3a)
SEC. 12. Application for examination of witness for accused before trial. —When the accused has been held to
answer for an offense, he may, upon motion with notice to the other parties, have witnesses conditionally examined
in his behalf. The motion shall state: (a) the name and residence of the witness; (b) the substance of his testimony;
and (c) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to
attend the trial, or resides more than one hundred (100) kilometers from the place of trial and has no means to
attend the same, or that other similar circumstances exist that would make him unavailable or prevent him from
attending the trial. The motion shall be supported by an affidavit of the accused and such other evidence as the
court may require. (4a)
SEC. 13. Examination of defense witness; how made. —If the court is satisfied that the examination of a
witness for the accused is necessary, an order shall be made directing that the witness be examined at a specific

122
 date, time and place and that a copy of the order be served on the prosecutor at least three (3) days before the
scheduled examination. The examination shall be taken before a judge, or, if not practicable, a member of the Bar in
good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction,
before an inferior court to be designated therein. The examination shall proceed notwithstanding the absence of the
prosecutor provided he was duly notified of the hearing. A written record of the testimony shall be taken. (5a)
SEC. 14. Bail to secure appearance of material witness.—When the court is satisfied, upon proof or oath, that
a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in
such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he
complies, or is legally discharged after his testimony has been taken. (6a)
SEC. 15. Examination of witness for the prosecution.—When it satisfactorily appears that a witness for the
prosecution is too sick or infirm to appear at the trial as directed by the court, or has to leave the Philippines with no
definite date of returning, he may forthwith be conditionally examined before the court where the case is pending.
Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the
examination has been served on him, shall be conducted in the same manner as an examination of the trial. Failure
or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken
may be admitted in behalf of or against the accused. (7a)
SEC. 16. Trial of several accused.—When two or more accused are jointly charged with an offense, they shall
be tried jointly unless the court, in its discretion and upon motion of the prosecutor or any accused, orders separate
trial for one or more accused. (8a)
SEC. 17. Discharge of accused to be state witness. —When two or more persons are jointly charged with the
commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more
of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring
the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support
of the discharge, the court is satisfied that:
(a) There is absolute necessity for the testimony of the accused whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed,
except the testimony of said accused;
(c) The testimony of said accused can be substantially corrobo-rated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral turpitude.
Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion
for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence. (9a)
SEC. 18. Discharge of accused operates as acquittal .—The order indicated in the preceding section shall
amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense,
unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement
constituting the basis for his discharge. (10a)
SEC. 19. When mistake has been made in charging the proper offense. —When it becomes manifest at any
time before judgment that a mistake has been made in charging the proper offense and the accused cannot be
convicted of the offense charged or any other offense necessarily included therein, the accused shall not be
discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer
for the proper offense and dismiss the original case upon the filing of the proper information. (11a)
SEC. 20. Appointment of acting prosecutor.—When a prosecutor, his assistant or deputy is disqualified to act
due to any of the grounds stated in section 1 of Rule 137 or for any other reason, the judge or the prosecutor shall
communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. (12a)
SEC. 21. Exclusion of the public.—The judge may, motu proprio, exclude the public from the courtroom if the
evidence to be produced during the trial is offensive to decency or public morals. He may also, on motion of the
accused, exclude the public from the trial except court personnel and the counsel of the parties. (13a)
SEC. 22. Consolidation of trials of related offenses.— Charges for offenses founded on the same facts or forming
part of a series of offenses of similar character may be tried jointly at the discretion of the court. (14a)

123
 SEC. 23. Demurrer to evidence.—After the prosecution rests its case, the court may dismiss the action on the
ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard
or (2) upon demurrer to evidence filed by the accused with or without leave of court
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his
defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present
evidence and submits the case for judgment on the basis of the evidence for the prosecution. (15a)
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed
within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the
motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten
(10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment, (n)
SEC. 24. Reopening.—At any time before finality of the judgment of conviction, the judge may, motu proprio
or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of justice. The
proceedings shall be terminated within thirty (30) days from the order granting it. (n)

RULE 120
JUDGMENT
SECTION 1. Judgment; definition and form. —Judgment is the adjudication by the court that the accused is
guilty or not guilty 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 it is based. (1a)
SEC. 2. Contents of the judgment.—If the judgment is of conviction, it shall state (1) the legal qualification of
the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which
attended its commission; (2) the participation of the accused in the offense, whether as principal, accomplice, or
accessory after the fact; (3) the penalty imposed upon the accused; and (4) the civil liability or damages caused by
his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the
enforcement of the civil liability by a separate civil action has been reserved or waived.
In case the judgment is of acquittal, it shall state whether the evidence of the prosecution absolutely failed to
prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt. In either case, the
judgment shall determine if the act or omission from which the civil liability might arise did not exist. (2a)
SEC. 3. Judgment for two or more offenses. —When two or more offenses are charged in a single complaint or
information but the accused fails to object to it before trial, the court may convict him of as many offenses as are
charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and
law in each offense. (3a)
SEC. 4. Judgment in case of variance between allegation and proof. —When there is variance between the
offense charge in the complaint or information and that proved, and the offense as charged is included in or
necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the
offense charged, or of the offense charged which is included in the offense proved. (4a)
SEC. 5. When an offense includes or is included in another.— An offense charged necessarily includes the
offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or
information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the
essential ingredients of the former constitute or form part of those constituting the latter. (5a)
SEC. 6. 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.
If the accused is confined or detained in another province or city, the judgment may be promulgated by the
executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon
124
 request of the court which rendered the judgment. The court promulgating the judgment shall have authority to
accept the notice of appeal and to approve the bail bond pending appeal; provided, that if the decision of the trial
court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail
can only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and
counsel, requiring him to be present at the promulgation of the decision. If the accused was tried in absentia
because he jumped bail or escaped from prison, the notice to him shall be served at his last known address.
In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the
promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his
last known address or thru his counsel.
If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall
lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen
(15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court
to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves
that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days
from notice.
(6a)
SEC. 7. Modification of judgment.—A judgment of conviction may, upon motion of the accused, be modified or
set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed, a
judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been
partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied
for probation. (7a)
SEC. 8. Entry of judgment.—After a judgment has become final, it shall be entered in accordance with Rule 36. (8)
SEC. 9. Existing provisions governing suspension of sentence, probation and parole not affected by this
Rule.— Nothing in this Rule shall affect any existing provisions in the laws governing suspension of sentence,
probation or parole. (9a)
RULE 121
NEW TRIAL OR RECONSIDERATION
SECTION 1. New trial or reconsideration.—At any time before a judgment of conviction becomes final, the
court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or
reconsideration. (1a)
SEC. 2. Grounds for a new trial.—The court shall grant a new trial on any of the following grounds:
(a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial;
(b) That new and material evidence has been discovered which the accused could not with reasonable
diligence have discovered and produced at the trial and which if introduced and admitted would probably change
the judgment. (2a)
SEC. 3. Ground for reconsideration.—The court shall grant reconsideration on the ground of errors of law or fact
in the judgment, which requires no further proceedings. (3a)
SEC. 4. Form of motion and notice {0 the prosecutor.—The motion for new trial or reconsideration shall be in
writing and shall state the grounds on which it is based. If based on a newly-discovered evidence, the motion must
be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated
copies of documents which are proposed to be introduced in evidence. Notice of the motion for new trial or
reconsideration shall be given to the prosecutor. (4a)
SEC. 5. Hearing on motion.—Where a motion for new trial calls for resolution of any question of fact, the court may
hear evidence thereon by affidavits or otherwise. (5a)
SEC. 6. Effects of granting a new trial or reconsideration. — The effects of granting a new trial or reconsideration
are the following:

125
 (a) When a new trial is granted on the ground of errors of law or irregularities committed during the
trial, all the proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in
the interest of justice, allow the introduction of additional evidence.
(b) When a new trial is granted on the ground of newly-discovered evidence, the evidence already
adduced shall stand and the newly-discovered and such other evidence as the court may, in the interest of
justice, allow to be introduced shall be taken and considered together with the evidence already in the record.
(c) In all cases, when the court grants new trial or reconsideration, the original judgment shall be
set
aside or vacated and a new judgment rendered accordingly. (6a)

RULE 122
APPEAL
SECTION 1. Who may appeal.—Any party may appeal from a judgment or final order, unless the accused will be
placed in double jeopardy. (2a)
SEC. 2. Where to appeal.—The appeal may be taken as follows:
(a) To the Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided
by the Regional Trial Court; and
(c) To the Supreme Court, in cases decided by the Court of Appeals, (1a)

SEC. 3. How appeal taken.—

(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the court which rendered
the judgment or final order appealed from and by serving a copy thereof upon the adverse party.
(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its
appellate jurisdiction shall be by petition for review under Rule 42.
(c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is death,
reclusion perpe-tua, or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the
same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the
penalty of death,reclusion perpetua, or life imprisonment is imposed, shall be by filing a notice of appeal in
accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court.
The same shall be automatically reviewed by the Supreme Court as provided in section 10 of this Rule.
(e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court
shall be by petition for review on certiorari under Rule 45. (3a)
SEC. 4. Publication of notice of appeal. —If personal service of the copy of the notice of appeal can not be
made upon the adverse party or his counsel, service may be done by registered mail or by substituted service
pursuant to sections 7 and 8 of Rule 13.(4a)
SEC. 5. Waiver of notice.—The appellee may waive his right to a notice that an appeal has been taken. The
appellate court may, in its discretion, entertain an appeal notwithstanding failure to give such notice if the interests
of justice so require. (5a)
SEC. 6. When appeal, to be taken.—An appeal must be taken within fifteen (15) days from promulgation of the
judgment or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended
from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion has
been served upon the accused or his counsel at which time the balance of the period begins to run. (6a)
SEC. 7. Transcribing and filing notes of stenographic reporter upon appeal. —When notice of appeal is filed
by the accused, the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. When
filed by the People of the Philippines, the trial court shall direct the stenographic reporter to transcribe such portion

126
 of his notes of the proceedings as the court, upon motion, shall specify in writing. The stenographic reporter shall
certify to the correctness of the notes and the transcript thereof, which shall consist of the original and four copies,
and shall file said original and four copies with the clerk without unnecessary delay.
If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation of the
sentence, file with the clerk the original and four copies of the duly certified transcript of his notes of the
proceedings. No extension of time for filing of said transcript of stenographic notes shall be granted except by the
Supreme Court and only upon justifiable grounds. (7a)
SEC. 8. Transmission of papers to appellate court upon appeal. —Within five (5) days from the filing of the
notice of appeal, the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of court
of the appellate court the complete record of the case, together with said notice. The original and three copies of the
transcript of stenographic notes, together with the records, shall also be transmitted to the clerk of the appellate
court without undue delay. The other copy of the transcript shall remain in the lower court. (8a)
SEC. 9. Appeal to the Regional Trial Courts.—
(a) Within five (5) days from perfection of the appeal, the clerk of court shall transmit the original record
to the appropriate Regional Trial Court.
(b) Upon receipt of the complete record of the case, transcripts and exhibits, the clerk of court of
the Regional Trial Court shall notify the parties of such fact.
(c) Within fifteen (15) days from receipt of said notice, the parties may submit memoranda or briefs, or
may be required by the Regional Trial Court to do so. After the submission of such memoranda or briefs, or
upon the expiration of the period to file the same, the Regional Trial Court shall decide the case on the basis of
the entire record of the case and of such memoranda or briefs as may have been filed. (9a)
SEC. 10. Transmission of records in case of death penalty. — In all cases where the death penalty is imposed
by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment within
five (5) days after the fifteenth (15) day following the promulgation of the judgment or notice of denial of a motion
for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days after the filing thereof by
the stenographic reporter. (10a)
SEC. 11. Effect of appeal by any of several accused.—
(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except
insofar as the judgment of the appellate court is favorable and applicable to the latter.
(b) The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the
judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be
stayed as to the appealing party, (11a)
SEC. 12. Withdrawal of appeal.—Notwithstanding perfection of the appeal, the Regional Trial 'Court,
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, as the
case may be, may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of
court to the proper appellate court as provided in section 8, in which case the judgment shall become final. The
Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal, provided
a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of
the court of origin shall become final and the case shall be remanded to the latter court for execution of the
judgment. (12a)
SEC. 13. Appointment of counsel de oficio for accused on appeal. —It shall be the duty of the clerk of the trial
court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in prison, whether he desires the
Regional Trial Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio to defend him and to
transmit with the record on a form to be prepared by the clerk of court of the appellate court, a certificate of
compliance with this duty and of the response of the appellant to his inquiry. (13a)

RULE 123
PROCEDURE IN THE MUNICIPAL TRIAL COURTS

127
 SECTION 1. Uniform Procedure.—The procedure to be observed in the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except where a
particular provision applies only to either of said courts and in criminal cases governed by the Revised Rule on
Summary Procedure, (1a)

RULE 124
PROCEDURE IN THE COURT OF APPEALS
SECTION 1. Title of the case. —In all criminal cases appealed to the Court of Appeals, the party appealing the
case shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it
was in the court of origin, (1a)
SEC. 2. Appointment of counsel de oficio for the accused. —If it appears from the record of the case as
transmitted that (a) the accused is confined in prison, (b) is without counsel de parteon appeal, or (c) has signed
the notice of appeal himself, the clerk of court of the Court of Appeals shall designate a counsel de oficio.
An appellant who is not confined in prison may, upon request, be assigned a counsel de oficio within ten (10) days
from receipt of the notice to file brief and he establishes his right thereto. (2a)
SEC. 3. When brief for appellant to be filed.— Within thirty (30) days from receipt by the appellant or his
counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is
already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk of court which shall
be accompanied by proof of service of two (2) copies thereof upon the appellee. (3a)
SEC. 4. When brief for appellee to be filed; reply brief of the appellant. —Within thirty (30) days from receipt
of the brief of the appellant, the appellee shall file seven (7) copies of the brief of the appellee with the clerk of court
which shall be accompanied by proof of service of two (2) copies thereof upon the appellant.
Within twenty (20) days from receipt of the Brief of the appellee, the appellant may file a reply brief traversing matters
raised in the former but not covered in the brief of the appellant. (4a)
SEC. 5. Extension of time for filing briefs. —Extension of time for the filing of briefs will not be allowed except
for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to
be extended. (5a)
SEC. 6. Form of briefs.—Briefs shall either be printed, encoded or typewritten in double space on legal size, good
quality unglazed paper, 330 mm. in length by 216 mm. in width. (6a)
SEC. 7. Contents of brief.—The briefs in criminal cases shall have the same contents as provided in sections 13
and 14 of Rule 44. A certified true copy of the decision or final order appealed from shall be appended to the brief of
the appellant. (7a)
SEC. 8. Dismissal of appeal for abandonment or failure to prosecute. —The Court of Appeals may, upon motion
of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails
to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de oficio.
The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant
escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal. (8a) SEC. 9.
Prompt disposition of appeals.—Appeals of accused who are under detention shall be given precedence in their disposition
over other appeals. The Court of Appeals shall hear and decide the appeal at the earliest practicable time with due regard to
the rights of the parties. The accused need not be present in court during the hearing of the appeal. (9a)
SEC. 10. Judgment not to be reversed or modified except for substantial error. —No judgment shall be
reversed or modified unless the Court of Appeals, after an examination of the record and of the evidence adduced by
the parties, is of the opinion that error was committed which injuriously affected the substantial rights of the
appellant. (10a)
SEC. 11. Scope of judgment.—The Court of Appeals may reverse, affirm, or modify the judgment and increase
or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial,
or dismiss the case. (11a)

128
 SEC. 12. Power to receive evidence.—The Court of Appeals shall have the power to try cases and conduct
hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases (a) falling
within its original jurisdiction, (b) involving claims for damages arising from provisional remedies, or (c) where the
court grants a new trial based only on the ground of newly-discovered evidence. (12a)
SEC. 13. Quorum of the court; certification or appeal of cases to Supreme Court. —Three (3) Justices of the
Court of Appeals shall constitute a quorum for the sessions of a division. The unanimous vote of the three (3)
Justices of a division shall be necessary for the pronouncement of a judgment or final resolution, which shall be
reached in consultation before the writing of the opinion by a member of the division. In the event that the three (3)
Justices can not reach a unanimous vote, the Presiding Justice shall direct the raffle committee of the Court to
designate two (2) additional Justices to sit temporarily with them, forming a special division of five (5) members and
the concurrence of a majority of such division shall be necessary for the pronouncement of a judgment or final
resolution. The designation of such additional Justices shall be made strictly by raffle and rotation among all other
Justices of the Court of Appeals.
Whenever the Court of Appeals finds that the penalty of death, reclusion perpetua, or life imprisonment should
be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment
imposing the penalty of death, reclusion perpetua, or life imprisonment as the circumstances warrant. However, it
shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the
Supreme Court for review. (13a)
SEC. 14. Motion for new trial.—At any time after the appeal from the lower court has been perfected and
before the judgment of the Court of Appeals convicting the appellant becomes final, the latter may move for a new
trial on the ground of newly-discovered evidence material to his defense. The motion shall conform with the
provisions of section
4, Rule 121. (14a)
SEC. 15. Where new trial conducted.—When a new trial is granted, the Court of Appeals may conduct the
hearing and receive evidence as provided in section 12 of this Rule or refer the trial to the court of origin. (15a)
SEC. 16. Reconsideration.—A motion for reconsideration shall be filed within fifteen (15) days from notice of
the decision or final order of the Court of Appeals, with copies thereof served upon the adverse party, setting forth
the grounds in support thereof. The mittimus shall be stayed during the pendency of the motion for reconsideration.
No party shall be allowed a second motion for reconsideration of a judgment or final order. (16a)
SEC. 17. Judgment transmitted and filed in trial court.—When the entry of judgment of the Court of Appeals is
issued, a certified true copy of the judgment shall be attached to the original record which shall be remanded to the
clerk of the court from which the appeal was taken. (17a)
SEC. 18. Application of certain rules in civil procedure to criminal cases.—The provisions of Rules 42, 44 to 46
and 48 to 56 relating to procedure in the Court of Appeals and in the Supreme Court in original and appealed civil
cases shall be applied to criminal cases insofar as they are applicable and not inconsistent with the provisions of this
Rule. (18a)
RULE 125
PROCEDURE IN THE SUPREME COURT
SECTION 1. Uniform procedure.—Unless otherwise provided by the Constitution or by law, the procedure in the
Supreme Court in original and in appealed cases shall be the same as in the Court of Appeals, (1a)
SEC. 2. Review of decisions of the Court of Appeals. —The procedure for the review by the Supreme Court of
decisions in criminal cases rendered by the Court of Appeals shall be the same as in civil cases. (2a)
SEC. 3. Decision if opinion is equally divided. —When the Supreme Court en banc is equally divided in opinion
or the necessary majority cannot be had on whether to acquit the appellant, the case shall again be deliberated
upon and if no decision is reached after re-deliberation, the judgment of conviction of the lower court shall be
reversed and the accused acquitted. (3a)

CRIMINAL EVIDENCE

PART IV
RULES OF EVIDENCE

129
RULE 128
General Provisions
SECTION 1 . Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding
the truth respecting a matter of fact. (1)
Sec. 2 . Scope. — The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise
provided by law or these rules. (2a)
Sec. 3 . Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the
law of these rules. (3a)
Sec. 4 . Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to induce belief
in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any
reasonable degree to establish the probability or improbability of the fact in issue. (4a)

RULE 129
What Need Not Be Proved
SECTION 1 . Judicial notice, when mandatory . — A court shall take judicial notice, without the introduction of
evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of
nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political
constitution and history of the Philippines, the official acts of legislative, executive and judicial departments of the
Philippines, the laws of nature, the measure of time, and the geographical divisions. (1a)
Sec. 2 . Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public
knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial
functions.
(1a)
Sec. 3 . Judicial notice, when hearing necessary . — During the trial, the court, on its own initiative, or on request
of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard
thereon. After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a
party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a
material issue in the case. (n)
Sec. 4 . Judicial admissions. — An admission, verbal or written, made by the party in the course of the proceedings
in the same case, does not require proof. The admission may be contradicted only by showing that it was made
through palpable mistake or that no such admission was made. (2a)

RULE 130
Rules of Admissibility

A. OBJECT (REAL) EVIDENCE

SECTION 1 . Object as evidence. — Objects as evidence are those addressed to the senses of the court. When an
object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. (1a)

B. DOCUMENTARY EVIDENCE
Sec. 2 . Documentary evidence. — Documents as evidence consist of writing or any material containing letters, words,
numbers, figures, symbols or other modes of written expression offered as proof of their contents. (n)

1. BEST EVIDENCE RULE

Sec. 3 . Original document must be produced; exceptions. — When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original document itself, except in the following cases:
(a)When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part
of the offeror;
(b)When the original is in the custody or under the control of the party against whom the evidence is offered,
and the latter fails to produce it after reasonable notice;
(c)When the original consists of numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established from them is only the general result of
the whole; and
(d)When the original is a public record in the custody of a public officer or is recorded in a public office. (2a)
Sec. 4 . Original of document. —
(a)The original of the document is one the contents of which are the subject of inquiry.

130
 (b)When a document is in two or more copies executed at or about the same time, with identical contents,
all such copies are equally regarded as originals.
(c)When an entry is repeated in the regular course of business, one being copied from another at or near
the time of the transaction, all the entries are likewise equally regarded as originals. (3a)

2. SECONDARY EVIDENCE
Sec. 5 . When original document is unavailable . — When the original document has been lost or destroyed, or
cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability
without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic
document, or by the testimony of witnesses in the order stated. (4a)

Sec. 6 . When original document is in adverse party's custody or control . — If the document is in the custody or
under the control of adverse party, he must have reasonable notice to produce it. If after such notice and after
satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the
case of its loss. (5a)
Sec. 7 . Evidence admissible when original document is a public record . — When the original of document is in the
custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the
public officer in custody thereof. (2a)
Sec. 8 . Party who calls for document not bound to offer it . — A party who calls for the production of a document
and inspects the same is not obliged to offer it as evidence. (6a)

3. PAROL EVIDENCE RULE

Sec. 9 .Evidence of written agreements. — When the terms of an agreement have been reduced to writing, it is
considered as containing all the terms agreed upon and there can be, between the parties and their successors in
interest, no evidence of such terms other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in
issue in his pleading:
(a)An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b)The failure of the written agreement to express the true intent and agreement of the parties thereto;
(c)The validity of the written agreement; or
(d)The existence of other terms agreed to by the parties or their successors in interest after the execution of
the written agreement. The term "agreement" includes wills. (7a)

4. INTERPRETATION OF DOCUMENTS
Sec. 10 . Interpretation of a writingaccording to its legal meaning . — The language of a writing is to be
interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended
otherwise. (8) Sec. 11 . Instrument construed so as to give effect to all provisions . — In the construction of an
instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will
give effect to all. (9)
Sec. 12 . Interpretation according to intention; general and particular provisions . — In the construction of an
instrument, the intention of the parties is to be pursued; and when a general and a particular provision are
inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is
inconsistent with it. (10)
Sec. 13 . Interpretation according to circumstances . — For the proper construction of an instrument, the
circumstances under which it was made, including the situation of the subject thereof and of the parties to it, may be
shown, so that the judge may be placed in the position of those who language he is to interpret. (11)
Sec. 14 . Peculiar signification of terms. — The terms of a writing are presumed to have been used in their primary
and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar
signification, and were so used and understood in the particular instance, in which case the agreement must be
construed accordingly. (12)
Sec. 15 . Written words control printed. — When an instrument consists partly of written words and partly of a
printed form, and the two are inconsistent, the former controls the latter. (13)
Sec. 16 . Experts and interpreters to be used in explaining certain writings . — When the characters in which an
instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of
persons skilled in deciphering the characters, or who understand the language, is admissible to declare the
characters or the meaning of the language. (14)

131
Sec. 17 . Of Two constructions, which preferred . — When the terms of an agreement have been intended in a
different sense by the different parties to it, that sense is to prevail against either party in which he supposed the
other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken
which is the most favorable to the party in whose favor the provision was made. (15)
Sec. 18 . Construction in favor of natural right . — When an instrument is equally susceptible of two interpretations,
one in favor of natural right and the other against it, the former is to be adopted. (16)
Sec. 19 . Interpretation according to usage. —An instrument may be construed according to usage, in order to determine
its true character. (17)
C. TESTIMONIAL EVIDENCE
1. QUALIFICATION OF WITNESSES
Sec. 20 . Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive,
and perceiving, can make their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by
law, shall not be ground for disqualification. (18a)
Sec. 21 . Disqualification by reason of mental incapacity or immaturity . — The following persons cannot be
witnesses: (a)Those whose mental condition, at the time of their production for examination, is such that they are
incapable of intelligently making known their perception to others;
(b)Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are
examined and of relating them truthfully. (19a)
Sec. 22 . Disqualification by reason of marriage . — During their marriage, neither the husband nor the wife may
testify for or against the other without the consent of the affected spouse, except in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or
ascendants.
(20a)
Sec. 23 . Disqualification by reason of death or insanity of adverse party . — Parties or assignor of parties to a
case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative
of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such
deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before
the death of such deceased person or before such person became of unsound mind. (20a)
Sec. 24 . Disqualification by reason of privileged communication . — The following persons cannot testify as to matters
learned in confidence in the following cases:
(a)The husband or the wife, during or after the marriage, cannot be examined without the consent of the
other as to any communication received in confidence by one from the other during the marriage except
in a civil case by one against the other, or in a criminal case for a crime committed by one against the
other or the latter's direct descendants or ascendants;

(b)An attorney cannot, without the consent of his client, be examined as to any communication made by the
client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor
can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his
employer, concerning any fact the knowledge of which has been acquired in such capacity;

(c)A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent
of the patient, be examined as to any advice or treatment given by him or any information which he may
have acquired in attending such patient in a professional capacity, which information was necessary to
enable him to act in capacity, and which would blacken the reputation of the patient;

(d) A minister or priest cannot, without the consent of the person making the confession, be examined
as to any confession made to or any advice given by him in his professional character in the course of
discipline enjoined by the church to which the minister or priest belongs;

(e)A public officer cannot be examined during his term of office or afterwards, as to communications made
to him in official confidence, when the court finds that the public interest would suffer by the disclosure.
(21a)

2. TESTIMONIAL PRIVILEGE

132
Sec. 25 . Parental and filial privilege. — No person may be compelled to testify against his parents, other direct ascendants,
children or other direct descendants. (20a)

3. ADMISSIONS AND CONFESSIONS

Sec. 26 . Admission of a party. — The act, declaration or omission of a party as to a relevant fact may be given in evidence
against him. (22)
Sec. 27 . Offer of compromise not admissible . — In civil cases, an offer of compromise is not an admission of any
liability, and is not admissible in evidence against the offeror.
In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be
compromised, an offer of compromised by the accused may be received in evidence as an implied admission of guilt.
A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense, is not admissible in
evidence against the accused who made the plea or offer.
An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in
evidence as proof of civil or criminal liability for the injury. (24a)
Sec. 28 . Admission by third party. — The rights of a party cannot be prejudiced by an act, declaration, or omission
of another, except as hereinafter provided. (25a)
Sec. 29 . Admission by co-partner or agent. — The act or declaration of a partner or agent of the party within the
scope of his authority and during the existence of the partnership or agency, may be given in evidence against such
party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies
to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. (26a)
Sec. 30 . Admission by conspirator. — The act or declaration of a conspirator relating to the conspiracy and during
its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other
than such act of declaration. (27)
Sec. 31 . Admission by privies. — Where one derives title to property from another, the act, declaration, or omission
of the latter, while holding the title, in relation to the property, is evidence against the former. (28)
Sec. 32 . Admission by silence. — An act or declaration made in the presence and within the hearing or observation
of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if
not true, and when proper and possible for him to do so, may be given in evidence against him. (23a)
Sec. 33 . Confession. — The declaration of an accused acknowledging his guilt of the offense charged, or of any
offense necessarily included therein, may be given in evidence against him. (29a)

4. PREVIOUS CONDUCT AS EVIDENCE

Sec. 34 . Similar acts as evidence. — Evidence that one did or did not do a certain thing at one time is not
admissible to prove that he did or did not do the same or similar thing at another time; but it may be received to
prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or usage, and the like. (48a)
Sec. 35 . Unaccepted offer. — An offer in writing to pay a particular sum of money or to deliver a written instrument
or specific personal property is, if rejected without valid cause, equivalent to the actual production and tender of the
money, instrument, or property. (49a)

5. TESTIMONIAL KNOWLEDGE
Sec. 36 . Testimony generally confined to personal knowledge ; hearsay excluded. — A witness can testify only to
those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as
otherwise provided in these rules. (30a)
6. EXCEPTIONS TO THE HEARSAY RULE
Sec. 37 . Dying declaration. — The declaration of a dying person, made under
the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of such death. (31a)
Sec. 38 . Declaration against interest. — The declaration made by a person deceased, or unable to testify, against
the interest of the declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to
declarant's own interest, that a reasonable man in his position would not have made the declaration unless he
believed it to be true, may be received in evidence against himself or his successors in interest and against third
persons. (32a) Sec. 39 . Act or declaration about pedigree . — The act or declaration of a person deceased, or
unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in
evidence where it occurred before the controversy, and the relationship between the two persons is shown by
evidence other than such act or declaration. The word "pedigree" includes relationship, family genealogy, birth,

133
 marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. It
embraces also facts of family history intimately connected with pedigree. (33a)
Sec. 40 . Family reputation or tradition regarding pedigree . — The reputation or tradition existing in a family
previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the
witness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles
or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of
pedigree.
(34a)
Sec. 41 . Common reputation. — Common reputation existing previous to the controversy, respecting facts of public
or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence.
Monuments and inscriptions in public places may be received as evidence of common reputation. (35)
Sec. 42 . Part of res gestae. — Statements made by a person while a starting occurrence is taking place or
immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part
of res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae. (36a)
Sec. 43 . Entries in the course of business . — Entries made at, or near the time of transactions to which they refer,
by a person deceased, or unable to testify, who was in a position to know the facts therein stated, may be received
as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty
and in the ordinary or regular course of business or duty. (37a)
Sec. 44 . Entries in official records. — Entries in official records made in the performance of his duty by a public
officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated. (38)
Sec. 45 . Commercial lists and the like . — Evidence of statements of matters of interest to persons engaged in an
occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove
the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that
occupation and is generally used and relied upon by them therein. (39)
Sec. 46 . Learned treatises. — A published treatise, periodical or pamphlet on a subject of history, law, science, or
art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a
witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is
recognized in his profession or calling as expert in the subject. (40a)
Sec. 47 . Testimony or deposition at a former proceeding . — The testimony or deposition of a witness deceased or
unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and
subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him.
(41a) 7. OPINION RULE
Sec. 48 . General rule. — The opinion of witness is not admissible, except as indicated in the following sections. (42)
Sec. 49 . Opinion of expert witness. — The opinion of a witness on a matter requiring special knowledge, skill,
experience or training which he shown to posses, may be received in evidence. (43a)
Sec. 50 . Opinion of ordinary witnesses. — The opinion of a witness for which proper basis is given, may be received in
evidence regarding —
(a)the identity of a person about whom he has adequate knowledge;
(b)A handwriting with which he has sufficient familiarity; and
(c)The mental sanity of a person with whom he is sufficiently acquainted.

The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. (44a)

8. CHARACTER EVIDENCE
Sec. 51 . Character evidence not generally admissible ; exceptions: —
(a) In Criminal Cases:
(1)The accused may prove his good moral character which is pertinent to the moral trait involved in the offense
charged.
(2)Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait
involved in the offense charged.
(3)The good or bad moral character of the offended party may be proved if it tends to establish in any
reasonable degree the probability or improbability of the offense charged. (b) In Civil Cases
Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of character
involved in the case.

134
(c) In the case provided for in Rule 132, Section 14, (46a, 47a)

RULE 131
Burden of Proof and Presumptions
SECTION 1 . Burden of proof. — Burden of proof is the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of evidence required by law. (1a, 2a)
Sec. 2 . Conclusive presumptions. — The following are instances of conclusive presumptions:
(a)Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led to another to
believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it:
(b)The tenant is not permitted to deny the title of his landlord at the time of commencement of the relation of landlord
and tenant between them. (3a)
Sec. 3 . Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence:
(a)That a person is innocent of crime or wrong;
(b)That an unlawful act was done with an unlawful intent;
(c)That a person intends the ordinary consequences of his voluntary act;
(d)That a person takes ordinary care of his concerns;
(e)That evidence willfully suppressed would be adverse if produced;
(f)That money paid by one to another was due to the latter;
(g)That a thing delivered by one to another belonged to the latter;
(h)That an obligation delivered up to the debtor has been paid;
(i)That prior rents or installments had been paid when a receipt for the later one is produced;
(j)That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the
doer of the whole act; otherwise, that things which a person possess, or exercises acts of ownership over,
are owned by him;
(k)That a person in possession of an order on himself for the payment of the money, or the delivery of
anything, has paid the money or delivered the thing accordingly;
(l)That a person acting in a public office was regularly appointed or elected to it;
(m)That official duty has been regularly performed;
(n)That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful
exercise of jurisdiction;
(o)That all the matters within an issue raised in a case were laid before the court and passed upon by it; and
in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before
the arbitrators and passed upon by them;
(p)That private transactions have been fair and regular;
(q)That the ordinary course of business has been followed;
(r)That there was a sufficient consideration for a contract;
(s)That a negotiable instrument was given or indorsed for a sufficient consideration;
(t)That an endorsement of negotiable instrument was made before the instrument was overdue and at the
place where the instrument is dated;
(u)That a writing is truly dated;
(v)That a letter duly directed and mailed was received in the regular course of the mail;
(w)That after an absence of seven years, it being unknown whether or not the absentee still lives, he is
considered dead for all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten
years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that
his succession may be opened.
The following shall be considered dead for all purposes including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who has
not been heard of for four years since the loss of the vessel or aircraft;
(2) A member of the armed forces who has taken part in armed hostilities, and has been
missing for four years;
(3) A person who has been in danger of death under other circumstances and whose existence
has not been known for four years;
(4)If a married person has been absent for four consecutive years, the spouse present may contract a
subsequent marriage if he or she has well-founded belief that the absent spouse is already death.
135
 In case of disappearance, where there is a danger of death the circumstances hereinabove
provided, an absence of only two years shall be sufficient for the purpose of contracting a
subsequent marriage. However, in any case, before marrying again, the spouse present must
institute a summary proceedings as provided in the Family Code and in the rules for declaration of
presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse.
(x)That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact;
(y)That things have happened according to the ordinary course of nature and ordinary nature habits of life;
(z)That persons acting as copartners have entered into a contract of copartneship;
(aa)That a man and woman deporting themselves as husband and wife have entered into a lawful
contract of marriage;
(bb)That property acquired by a man and a woman who are capacitated to marry each other and
who live exclusively with each other as husband and wife without the benefit of marriage or
under void marriage, has been obtained by their joint efforts, work or industry.
(cc)That in cases of cohabitation by a man and a woman who are not capacitated to marry each
other and who have acquire properly through their actual joint contribution of money, property
or industry, such contributions and their corresponding shares including joint deposits of money
and evidences of credit are equal.
(dd)That if the marriage is terminated and the mother contracted another marriage within three
hundred days after such termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during such marriage, even
though it be born within the three hundred days after the termination of the former
marriage.
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage, even
though it be born within the three hundred days after the termination of the former
marriage.
(ee)That a thing once proved to exist continues as long as is usual with things of the nature;
(ff)That the law has been obeyed;
(gg)That a printed or published book, purporting to be printed or published by public authority, was so
printed or published;
(hh)That a printed or published book, purporting contain reports of cases adjudged in tribunals of the
country where the book is published, contains correct reports of such cases;
(ii)That a trustee or other person whose duty it was to convey real property to a particular person
has actually conveyed it to him when such presumption is necessary to perfect the title of such
person or his successor in interest;
(jj)That except for purposes of succession, when two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, according to the following
rules:
1.If both were under the age of fifteen years, the older is deemed to have survived;
2.If both were above the age sixty, the younger is deemed to have survived;
3.If one is under fifteen and the other above sixty, the former is deemed to have survived;
4.If both be over fifteen and under sixty, and the sex be different, the male is deemed to have
survived, if the sex be the same, the older;
5.If one be under fifteen or over sixty, and the other between those ages, the latter is deemed
to have survived.
(kk)That if there is a doubt, as between two or more persons who are called to succeed each other,
as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the
absence of proof, they shall be considered to have died at the same time. (5a) Sec. 4 . No presumption of
legitimacy or illegitimacy. — There is no presumption of legitimacy of a child born after three hundred days
following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or
illegitimacy of such child must prove his allegation. (6)

136
RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
SECTION 1 . Examination to be done in open court. — The examination of witnesses presented in a trial or hearing
shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the
questions calls for a different mode of answer, the answers of the witness shall be given orally. (1a)
Sec.2 . Proceedings to be recorded. — The entire proceedings of a trial or hearing, including the questions
propounded to a witness and his answers thereto, the statements made by the judge or any of the parties, counsel,
or witnesses with reference to the case, shall be recorded by means of shorthand or stenotype or by other means of
recording found suitable by the court.
A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as
correct by him shall be deemed prima facie a correct statement of such proceedings. (2a)

Sec. 3 . Rights and obligations of a witness . — A witness must answer questions, although his answer may tend to
establish a claim against him. However, it is the right of a witness:
(1)To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
(2)Not to be detained longer than the interests of justice require;
(3)Not to be examined except only as to matters pertinent to the issue;
(4)Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law;
or
(5)Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a
fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous
final conviction for an offense. (3a, 19a)
Sec. 4 . Order in the examination of an individual witness . — The order in which the individual witness may be
examined is as follows;
(a)Direct examination by the proponent;
(b)Cross-examination by the opponent;
(c)Re-direct examination by the proponent;
(d)Re-cross-examination by the opponent. (4)
Sec. 5 . Direct examination. — Direct examination is the examination-in-chief of a witness by the party presenting
him on the facts relevant to the issue. (5a)
Sec. 6 . Cross-examination; its purpose and extent . — Upon the termination of the direct examination, the witness
may be cross-examined by the adverse party as to many matters stated in the direct examination, or connected
therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or
bias, or the reverse, and to elicit all important facts bearing upon the issue. (8a)
Sec. 7 . Re-direct examination; its purpose and extent. — After the cross-examination of the witness has been
concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the
cross-examination. On re-direct-examination, questions on matters not dealt with during the cross-examination, may
be allowed by the court in its discretion. (12)
Sec. 8 . Re-cross-examination. — Upon the conclusion of the re-direct examination, the adverse party may re-
crossexamine the witness on matters stated in his re-direct examination, and also on such other matters as may be
allowed by the court in its discretion. (13)
Sec. 9 . Recalling witness. — After the examination of a witness by both sides has been concluded, the witness
cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests
of justice may require. (14)
Sec. 10 . Leading and misleading questions. — A question which suggests to the witness the answer which the
examining party desires is a leading question. It is not allowed, except:
(a)On cross examination;
(b)On preliminary matters;
(c)When there is a difficulty is getting direct and intelligible answers from a witness who is ignorant, or a child
of tender years, or is of feeble mind, or a deaf-mute; (d)Of an unwilling or hostile witness; or
(e)Of a witness who is an adverse party or an officer, director, or managing agent of a public or private
corporation or of a partnership or association which is an adverse party.
A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that
which he has previously stated. It is not allowed. (5a, 6a, and 8a)
Sec. 11 . Impeachment of adverse party's witness. — A witness may be impeached by the party against whom he
was called, by contradictory evidence, by evidence that his general reputation for truth, honestly, or integrity is bad,
137
 or by evidence that he has made at other times statements inconsistent with his present, testimony, but not by
evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of
the judgment, that he has been convicted of an offense. (15)
Sec. 12 . Party may not impeach his own witness . — Except with respect to witnesses referred to in paragraphs (d)
and (e) of Section 10, the party producing a witness is not allowed to impeach his credibility.
A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his
adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand.
The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by the party
presenting him in all respects as if he had been called by the adverse party, except by evidence of his bad character.
He may also be impeached and cross-examined by the adverse party, but such cross-examination must only be on
the subject matter of his examination-in-chief. (6a, 7a)
Sec. 13 . How witness impeached by evidence of inconsistent statements .— Before a witness can be impeached
by evidence that he has made at other times statements inconsistent with his present testimony, the statements
must be related to him, with the circumstances of the times and places and the persons present, and he must be
asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing they
must be shown to the witness before any question is put to him concerning them. (16)
Sec. 14 . Evidence of good character of witness. — Evidence of the good character of a witness is not admissible
until such character has been impeached. (17)
Sec. 15 . Exclusion and separation of witnesses. — On any trial or hearing, the judge may exclude from the court
any witness not at the time under examination, so that he may not hear the testimony of other witnesses. The judge
may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall
have been examined. (18)
Sec. 16 . When witness may refer to memorandum . — A witness may be allowed to refresh his memory respecting
a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or
immediately thereafter, or at any other time when the fact was fresh in his memory and knew that the same was
correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the
adverse party, who may, if he chooses, cross examine the witness upon it, and may read it in evidence. So, also, a
witness may testify from such writing or record, though he retain no recollection of the particular facts, if he is able
to swear that the writing or record correctly stated the transaction when made; but such evidence must be received
with caution. (10a)
Sec. 17 . When part of transaction, writing or record given in evidence, the remainder, the remainder
admissible. — When part of an act, declaration, conversation, writing or record is given in evidence by one party, the
whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation,
writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its
understanding may also be given in evidence. (11a)
Sec. 18 . Right to respect writing shown to witness . — Whenever a writing is shown to a witness, it may be inspected
by the adverse party. (9a)

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Sec. 19 . Classes of Documents. — For the purpose of their presentation evidence, documents are either public or private.
Public documents are:
(a)The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of a foreign country;
(b)Documents acknowledge before a notary public except last wills and testaments; and
(c)Public records, kept in the Philippines, of private documents required by law to the entered therein.
All other writings are private. (20a)
Sec. 20 . Proof of private document. — Before any private document offered as authentic is received in evidence, its
due execution and authenticity must be proved either:
(a)By anyone who saw the document executed or written; or
(b)By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be. (21a)

Sec. 21 . When evidence of authenticity of private document not necessary . — Where a private document is more
than thirty years old, is produced from the custody in which it would naturally be found if genuine, and is
unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given.
(22a)
138
Sec. 22 . How genuineness of handwriting proved . — The handwriting of a person may be proved by any witness
who believes it to be the handwriting of such person because he has seen the person write, or has seen writing
purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the
handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the
witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is
offered, or proved to be genuine to the satisfaction of the judge. (23a)
Sec. 23 . Public documents as evidence . — Documents consisting of entries in public records made in the
performance of a duty by a public officer are prima facie evidence of the facts therein stated. All other public
documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date
of the latter. (24a) Sec. 24 . Proof of official record. — The record of public documents referred to in paragraph (a)
of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy
attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not
kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is
in foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul,
vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign
country in which the record is kept, and authenticated by the seal of his office. (25a)
Sec. 25 . What attestation of copy must state . — Whenever a copy of a document or record is attested for the
purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a
specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if
there be any, or if he be the clerk of a court having a seal, under the seal of such court. (26a)
Sec. 26 . Irremovability of public record. — Any public record, an official copy of which is admissible in evidence,
must not be removed from the office in which it is kept, except upon order of a court where the inspection of the
record is essential to the just determination of a pending case. (27a)
Sec. 27 . Public record of a private document . — An authorized public record of a private document may be proved
by the original record, or by a copy thereof, attested by the legal custodian of the record, with an appropriate
certificate that such officer has the custody. (28a)
Sec. 28 . Proof of lack of record. — A written statement signed by an officer having the custody of an official record
or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his
office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain
no such record or entry. (29)
Sec. 29 . How judicial record impeached. — Any judicial record may be impeached by evidence of: (a) want of
jurisdiction in the court or judicial officer, (b) collusion between the parties, or (c) fraud in the party offering the
record, in respect to the proceedings. (30a)
Sec. 30 . Proof of notarial documents. — Every instrument duly acknowledged or proved and certified as provided
by law, may be presented in evidence without further proof, the certificate of acknowledgment being prima facie
evidence of the execution of the instrument or document involved. (31a)
Sec. 31 . Alteration in document, how to explain . — The party producing a document as genuine which has been
altered and appears to have been altered after its execution, in a part material to the question in dispute, must
account for the alteration. He may show that the alteration was made by another, without his concurrence, or was
made with the consent of the parties affected by it, or was otherwise properly or innocent made, or that the
alteration did not change the meaning or language of the instrument. If he fails to do that, the document shall not
be admissible in evidence.
(32a)
Sec. 32 . Seal. — There shall be no difference between sealed and unsealed private documents insofar as their
admissibility as evidence is concerned. (33a)
Sec. 33 . Documentary evidence in an unofficial language. — Documents written in an unofficial language shall not
be admitted as evidence, unless accompanied with a translation into English or Filipino. To avoid interruption of
proceedings, parties or their attorneys are directed to have such translation prepared before trial. (34a)

C. OFFER AND OBJECTION

Sec. 34 . Offer of evidence. — The court shall consider no evidence which has not been formally offered. The
purpose for which the evidence is offered must be specified. (35)
Sec. 35 . When to make offer . — As regards the testimony of a witness, the offer must be made at the time the
witness is called to testify.
Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence. Such offer
shall be done orally unless allowed by the court to be done in writing. (n)

139
 Sec. 36 . Objection. — Objection to evidence offered orally must be made immediately after the offer is made.
Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the
grounds therefor shall become reasonably apparent.
An offer of evidence in writing shall be objected to within three (3) days after notice of the unless a different period
is allowed by the court.
In any case, the grounds for the objections must be specified. (36a)
Sec. 37 . When repetition of objection unnecessary . — When it becomes reasonably apparent in the course of the
examination of a witness that the question being propounded are of the same class as those to which objection has
been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it
being sufficient for the adverse party to record his continuing objection to such class of questions. (37a)
Sec. 38 . Ruling. — The ruling of the court must be given immediately after the objection is made, unless the court
desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made
during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation
presented by the ruling.
The reason for sustaining or overruling an objection need not be stated. However, if the objection is based on two or
more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied
upon. (38a)
Sec. 39 . Striking out answer. — Should a witness answer the question before the adverse party had the
opportunity to voice fully its objection to the same, and such objection is found to be meritorious, the court shall
sustain the objection and order the answer given to be stricken off the record.
On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or
otherwise improper. (n)
Sec. 40 . Tender of excluded evidence. — If documents or things offered in evidence are excluded by the court, the
offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror may
state for the record the name and other personal circumstances of the witness and the substance of the proposed
testimony. (n)

RULE 133
Weight and Sufficiency of Evidence
SECTION 1 . Preponderance of evidence, how determined. — In civil cases, the party having burden of proof must
establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of
evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the
witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which there
are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their
interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the
trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the
greater number. (1a) Sec. 2 . Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an
acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a
degree of proof, excluding possibility of error, produces absolute certainly. Moral certainly only is required, or that
degree of proof which produces conviction in an unprejudiced mind. (2a)
Sec. 3 . Extrajudicial confession, not sufficient ground for conviction . — An extrajudicial confession made by an
accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. (3)
Sec. 4 . Circumstantial evidence, when sufficient. — Circumstantial evidence is sufficient for conviction if:
(a)There is more than one circumstances;
(b)The facts from which the inferences are derived are proven; and
(c)The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (5)
Sec. 5 . Substantial evidence. — In cases filed before administrative or quasi-judicial bodies, a fact may be deemed
established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion. (n)
Sec. 6 . Power of the court to stop further evidence . — The court may stop the introduction of further testimony
upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot
be reasonably expected to be additionally persuasive. But this power should be exercised with caution. (6)
Sec. 7 . Evidence on motion. — When a motion is based on facts not appearing of record the court may hear the
matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions. (7)

RULE 134
140
[NOTE: This rule will be transposed to Part 1 of the Rules of Court on Deposition and Discovery] Perpetuation of Testimony
SECTION 1 . Petition. — A person who desires to perpetuate his own testimony or that of another person regarding
any matter that may be cognizable in any court of the Philippines, any file a verified petition in the court of the
province of the residence of any expected adverse party.
Sec. 2 . Contents of petition. — The petition shall be entitled in the name of the petitioner and shall show:
(a) that the petitioner expects to be a party to an action in a court of the Philippines by is presently unable to bring it
or cause it to be brought;
(b) the subject matter of the expected action and his interest therein;
(c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate
it;
(d) the names of a description of the persons he expects will be adverse parties and their addresses so far as known;
and (e) the names and addresses of the persons to be examined and the substance of the testimony which he
expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the
persons to be examined named in the petition for the purpose of perpetuating their testimony.
Sec. 3 . Notice and service. — The petitioner shall thereafter serve a notice upon each person named in the petition
as an expected adverse party, together with a copy of a petition, stating that the petitioner will apply to the court, at
a time and place named therein, for the order described in the petition. At least twenty (20) days before the date of
hearing the notice shall be served in the manner provided for service of summons.
Sec. 4 . Order of examination. — If the court is satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an order designating or describing the persons whose deposition may be
taken and specifying the subject matter of the examination, and whether the depositions shall be taken upon oral
examination or written interrogatories. The depositions may then be taken in accordance with Rule 24 before the
hearing.
Sec. 5 . Reference to court. — For the purpose of applying Rule 24 to depositions for perpetuating testimony, each
reference therein to the court in which the action is pending shall be deemed to refer to the court in which the
petition for such deposition was filed.
Sec. 6 . Use of deposition. — If a deposition to perpetuate testimony is taken under this rule, or if, although not so
taken, it would be admissible in evidence, it may be used in any action involving the same subject matter
subsequently brought in accordance with the provisions of Sections 4 and 5 of Rule 24.
Sec. 7 . Depositions pending appeal. — If an appeal has been taken from a judgment of the Regional Trial Court or
before the taking of an appeal if the time therefor has not expired, the Regional Trial Court in which the judgment
was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of
further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a
motion in the said Regional Trial Court for leave to take the depositions, upon the same notice and service thereof as
if the action was pending therein. The motion shall show:
(a) the name and the addresses of the persons to be examined and the substance of the testimony which he
expects to elicit from each; and
(b) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper
to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon
the depositions may be taken and used in the same manner and under the same conditions as are prescribed
in these rules for depositions taken in actions pending in the Regional Trial Court. (7a)

141
 (2)
LAW
ENFORCEMENT
ADMINISTRATION
POLICE ORGANIZATION AND ADMINISTRATION
WITH POLICE PLANNING

ORIGIN OF THE WORD “POLICE”

POLITEIA – Greek word which means government of the city
POLITIA – Roman word which means condition of the state or government
POLICE – French word which was later adopted by the English language.

ORGANIZATION
- a group of persons working together for a common goal or objectives.
- a form of human association for the attainment of a goal or objective.

POLICE ORGANIZATION
A group of trained personnel in the field of public safety administration engaged in the achievement of goals
and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of
the laws and the prevention of crimes.

LAW ENFORCEMENT AGENCY

Pertains to an organization responsible for enforcing the laws.
The collective term for professionals who are dedicated to upholding and enforcing the laws and statutes that are
currently in force in a given jurisdiction.

THEORIES OF POLICE SERVICE

1) HOME RULE THEORY
-policemen are regarded as servants of the community, who rely for the efficiency of their functions upon the
express needs of the people .

142
 -policemen are civil servants whose key duty is the preservation of public peace and security.
2) CONTINENTAL THEORY
-policemen are regarded as state or servants of the higher authorities.
-the people have no share or have little participation with the duties nor connection with the police organization.

CONCEPTS OF POLICE SERVICE

1) OLD CONCEPT
- police service gives the impression of being merely a suppressive machinery.
- this philosophy advocates that the measurement of police competence is the increasing number of arrests,
throwing offenders in detention facilities rather than trying to prevent them from committing crimes . 2) MODERN
CONCEPT
- regards police as the first line of defense of the criminal justice system, an organ of crime prevention.
-police efficiency is measured by the decreasing number of crimes .
-broadens police activities to cater to social services and has for its mission the welfare of the individual as well as
that of the community in general.

FUNCTIONS IN A POLICE ORGANIZATION

1) PRIMARY OR LINE FUNCTIONS
❑ functions that carry out the major purposes of the organization, delivering the services and dealing directly
with the public.
2) STAFF/ADMINISTRATIVE FUNCTIONS
❑ functions that are designed to support the line functions and assist in the performance of the line functions.
3) AUXILIARY FUNCTIONS
❑ functions involving the logistical operations of the organization.
❑ examples are communication, maintenance, records management, supplies and equipment management

ORGANIC UNITS IN A POLICE ORGANIZATION

1. OPERATIONAL UNITS
❑ those that perform primary or line functions.
❑ examples are patrol, traffic, investigation and vice control.
2. ADMINISTRATIVE UNITS
❑ those that perform the administrative functions.
❑ examples are personnel, finance, planning and training.
3. SERVICE UNITS
❑ those that perform auxiliary functions.
❑ examples are communication, records management.

ORGANIZATIONAL STRUCTURE
❑ the systematic arrangement of the relationship of the members, positions, departments and functions or
work of the organization.

❑ it is comprised of functions, relationships, responsibilities and authorities of individuals within the

organization.

ORGANIZATIONAL CHART
❑ an illustration in the form of a chart which represents the organizational structure.
❑ the mechanical means of depicting the organizational structure.

ELEMENTS OF POLICE ORGANIZATION

1) UNITY OF COMMAND -dictates that there should only be ONE MAN commanding the unit to ensure uniformity in the
execution of orders.
2) SPAN OF CONTROL - the ability of one man to direct, coordinate, and control immediate subordinates.
3) DELEGATION OF AUTHORITY -conferring of certain specified authority by a superior to a subordinate.
4) HIERARCHY OF AUTHORITY -the relationship between superiors and subordinates

143
5) SPECIALIZATION -the assignment of particular personnel to particular tasks which are highly technical and require
special skills and training.
6) CHAIN OF COMMAND -the arrangement of officers from top to bottom on the basis of rank or position and authority.
7) COMMAND RESPONSIBILITY -dictates that immediate commanders shall be responsible for the effective supervision and
control of their personnel and unit .

PHILIPPINE POLICING SYSTEM

On January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act No. 70 of the Taft
Commission. This has become the basis for the celebration of the anniversary of the Manila’s Finest every January
9th.

1. ACT 175 – entitled “An Act Providing for the Organization and Government of an Insular Constabulary”, established
on August 8, 1901.
CAPT. HENRY ALLEN – the first chief of the Philippine Constabulary in 1901

2. ACT 183 – enacted on July 13, 1901, created the Manila Police Department.
CAPT GEORGE CURRY
❑ the first chief of police of the Manila Police Department in 1901.

3. R.A. 4864 – otherwise known as the Police Act of 1966, enacted on August 8, 1966; created the Police Commission
(POLCOM) as a supervisory agency to oversee the training and professionalization of the local police forces under the
Office of the President; later POLCOM was renamed into National Police Commission (NAPOLCOM)

Martial Law Period

4. P.D. 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975; established the Integrated
National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the integrated local police forces as
components, under the Ministry of National Defense.
-transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense.

5. R.A. 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990, enacted on
December 13, 1990; reorganized the DILG and established the Philippine National Police, Bureau of Fire Protection,
Bureau of Jail Management and Penology and the Philippine Public Safety College.

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

7. RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion system; approved on 12 August 2009.
“AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM
EDUCATIONAL QUALIFICATION FOR APPOINTMENT TO THE PHILIPPINE NATIONAL POLICE (PNP) AND ADJUSTING
THE PROMOTION SYSTEM THEREOF, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT
NO. 6975 AND REPUBLIC ACT NO. 8551 AND FOR OTHER PURPOSES”

IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING

1. BGEN RAFAEL CRAME
❑ the first Filipino chief of the Philippine Constabulary on December 17, 1917
2. COL ANTONIO TORRES
❑ the first Filipino chief of police of the Manila Police Department in 1935
3. COL LAMBERTO JAVALERA
❑ the first chief of police of the Manila Police Department after the Philippine Independence from the United
States of America in 1946
4. P/DIR GEN CESAR NAZARENO
❑ the first chief of the Philippine National Police

144
 HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990 , RA
8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF 1998 and RA 9708

THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)

- formerly Department of Local Government (DLG)
-reorganized under R.A. 6975

ORGANIZATION:
Composition:
-the Department proper
-existing bureaus and offices of the DLG
-the National Police Commission
-the Philippine Public Safety College (PPSC)
-Philippine National Police (PNP)
-Bureau of Fire Protection (BFP)
-Bureau of Jail Management and Penology (BJMP)
-the PPSC, PNP, BFP and BJMP were created under RA 6975.
-headed by the Secretary to be appointed by the President and who shall serve at the pleasure of the President.
-the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant Secretaries .
-Undersecretary for Local Government.
-Undersecretary for Peace and Order.
-No retired or resigned military officer or police official may be appointed as Secretary within one (1) year from date
of retirement or resignation.
-the Secretary is also the ex officio chairman of the National Police Commission.

RELATIONSHIP OF THE DILG WITH THE DEPARTMENT OF NATIONAL DEFENSE (DND)

-under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external security while the DILG was
in charge with internal security.
- under RA 8551, the DILG shall be relieved of the primary responsibility on matters involving suppression of
insurgency and other serious threats to national security. The PNP shall through information gathering and
performance of its ordinary police functions, support the AFP on matters involving suppression of insurgency.

NATIONAL POLICE COMMISSION

- an agency attached to the DILG for policy coordination.
-shall exercise administrative control and operational supervision over the PNP.

COMPOSITION:
-consist of a Chairperson, four (4) regular Commissioners and the Chief of PNP as ex officio member.
-shall serve a term of office of six (6) years without reappointment or extension.
-three of the regular commissioners shall come from civilian sector who are neither active nor former members of the
police or military.
-the fourth regular commissioner shall come from the law enforcement sector either active or retired. Provided, that
an active member of a law enforcement agency shall be considered resigned once appointed. -at least one (1) of the
four regular commissioners shall be a woman.
-from among the three regular commissioners from the civilian sector, the Vice Chairperson shall be chosen.
-the Vice Chairperson shall act as the Executive Officer of the Commission.

PHILIPPINE NATIONAL POLICE organized pursuant to

RA 6975, as amended by RA 8551 -a law enforcement
agency under the DILG.
-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 Article XVI,

Section 6 of the 1987 Philippine Constitution:

145
“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.

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.

ORGANIZATION and COMPOSITION OF THE PNP

-shall be headed by a Chief who shall be assisted by two (2) deputy chiefs:
-Deputy Chief for Administration.
-Deputy Chief for Operations.
-the Chief PNP and the two (2) deputy chiefs shall be appointed by the President .
-no officer who is retirable within six (6) months shall be appointed Chief .
-the PNP shall be composed of a national office, regional offices, provincial offices, district offices, and city or municipal
stations.

CAMP RAFAEL CRAME

-the national headquarters of the Philippine National Police, located in Quezon City -
houses the offices of the following:
1. Chief, PNP
2. two (2) deputy chiefs
3. Chief, Directorial Staff
4. ten (10) directorial staff
5. ten (10) administrative support units
6. ten (10) operational support units

Directorial Staff
1. Directorate for Personnel and Records Management;
2. Directorate for Intelligence;
3. Directorate for Operations;
4. Directorate for Logistics;
5. Directorate for Integrated Police Operations
6. Directorate for Plans
7. Directorate for Comptrollership
8. Directorate for Police Community Relations
9. Directorate for Investigation and Detective Management
10. Directorate for Research and Development
146
 11. Directorate for Information and Communication Technology Management.
12. Directorate for Human Resourse and Doctrine Dev’t

Administrative Support Units

1. Logistics Support Unit
2. Information Technology Management Service
3. Finance Service
4. Health Service
5. Communications and Electronic Service
6. Chaplain Service
7. Legal Service
8. Headquarters Support Service
9. Engineering Service
10. Training Service

Operational Support Units

1. Maritime Group
2. Intelligence Group
3. Police Security and Protection Group
4. Criminal Investigation and Detection Group
5. Special Action Force
6. Aviation Security Group
7. Highway Patrol Group
8. Police Community Relations Group
9. Civil Security Group
10. Crime Laboratory

POLICE REGIONAL OFFICES

-the PNP is divided into seventeen (17) police regional offices (PRO), each headed by a Regional Director;
❑ PRO 1 – 13, NCRPO, CAR, and ARMM

PROVINCIAL POLICE OFFICES

-for every region, there are provincial offices, each headed by a Provincial Director
-in large provinces, police districts may be established to be headed by a District Director -
at the city or municipal levels or stations, each is headed by a Chief of Police

DISTRICT OFFICES
NCRPO is divided into five (5) districts, each headed by a District Director:
1. Manila Police District (MPD) (formerly Western Police District)- Manila
2. Eastern Police District (EPD) – Marikina, Pasig, San Juan and Mandaluyong,
3. Northern Police District (NPD) – Caloocan, Malabon, Navotas, Valenzuela
4. Central Police District (CPD) – Quezon City
5. Southern Police District (SPD) – Pasay, Makati, Paranaque, Las Pinas, Muntinlupa, Taguig and Pateros

MANNING LEVELS (POLICE-TO-POPULATION RATIO)

1:500 – nationwide average
1:1000 – minimum police-to-population ratio

RANK CLASSIFICATION AND ITS COUNTERPART IN THE MILITARY

PNP AFP
Commissioned Officer
Four Star - Director General General
Three Star - Deputy Director General Lieutenant General
147
Two Star - Director Major General
One Star - Chief Superintendent Brigadier General
Three Sun - Senior Superintendent Colonel
Two Sun - Superintendent Lieutenant Colonel
One Sun – Chief Inspector Major
Two Anahaw Leaf – Senior Inspector Captain
One Anahaw Leaf - Inspector Lieutenant

Non- Commissioned Officer

Senior Police Officer 4 Master Sergeant
Senior Police Officer 3 Technical Sergeant
Senior Police Officer 2 Staff Sergeant
Senior Police Officer 1 Sergeant
Police Officer 3 Corporal
Police Officer 2 Private First Class
Police Officer 1 Private

KEY POSITIONS AND THEIR CORRESPONDING RANKS IN THE PNP

Chief – highest position in the PNP, with the rank of Director General.
Deputy Chief for Administration – the second-in command, with the rank of Deputy Director General.
Deputy Chief for Operations – the third-in-command, with the rank of Deputy Director General
Chief Directorial Staff – with the rank of Deputy Director General
Head of Directorial Staff – with the rank of Director
NCR Director – with the rank of DIRECTOR
Regional Director- with the rank of Chief Superintendent
Provincial Director-with the rank of Senior Superintendent
NCR District Director - with the rank of Chief Superintendent
Chief of Police

STATUS OF THE MEMBERS OF THE PNP

-police officers are employees of the national government and shall draw their salaries from the national budget .
-they shall have the same salary grade level as that of public school teachers, police officers assigned in Metro
Manila, chartered cities and first class municipalities may be paid financial incentives by the local government unit
concerned subject to availability of funds.

GENERAL QUALIFICATIONS FOR APPOINTMENT TO THE PNP (RA 6975, as amended by RA 8551 and RA 9708)
1. A citizen of the Philippines;
2. A person of good moral conduct;
3. Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by any
NAPOLCOM accredited government hospital for the purpose of determining physical and mental health;
4. Must possess a formal baccalaureate degree from a recognized institution of learning;
5.Must be eligible in accordance with the standards set by the Commission;
6. Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position
in the Government;
7. Must not have been convicted by final judgment of an offense or crime involving moral turpitude;
8. Must be at least one meter and sixty-two centimeters (1.62 m) in height for male and one meter and fifty-seven (1.57 m)
for female;
9. Must weigh not more or less than five kilograms (5kgs) from the standard weight corresponding to his or her height, age
and sex; and
10. For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age
Pursuant to RA 9708, “…PNP members who are already in the service upon the effectivity of Republic Act No.
8551 shall be given five (5) years to obtain the minimum educational qualification preferably in law enforcement
related courses, to be reckoned from the date of the effectivity of this amendatory Act: Provided, furthermore,

148
That for concerned PNP members rendering more than fifteen (15) years of service and who have exhibited
exemplary performance as determined by the Commission, shall no longer be required to comply with the
aforementioned minimum educational requirement.”

EXAMINATION AND ELIGIBILITY

The National Police Commission shall administer the entrance and promotional examinations for police officers on
the basis of the standards set by the Commission (as amended by RA 8551).
-POLICE ENTRANCE EXAMINATION – taken by applicants of the PNP
-POLICE PROMOTIONAL EXAMINATIONS – taken by in-service police officers as part of the mandatory requirements
for promotion.
POLICE OFFICER EXAMINATION
SENIOR POLICE OFFICER EXAMINATION
INSPECTOR EXAMINATION
SUPERINTENDENT EXAMINATION

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-003

The appropriate eligibilities for PO1 are those acquired from the following:
- NAPOLCOM PNP Entrance Examination
- R.A. No. 6506 (Licensed Criminologist)
- R.A. No. 1080 (Bar and Board Examinations of baccalaureate degree)
- P.D. 907 (Granting Civil Service Eligibility to College Honor Graduates)
- Civil Service Professional

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-016

Promotional Examinations
-Members of the Bar and Licensed Criminologists whose profession are germane to law enforcement and police
functions are no longer required to take promotional examinations. - Up to the rank of Superintendent.

APPOINTMENT OF UNIFORMED PNP PERSONNEL

PO1 to SPO4 – Appointed by the PNP Regional Director for regional personnel or by the Chief PNP for the National
Headquarters personnel.
INSP to SUPT – Appointed by the Chief of the PNP, as recommended by their immediate superiors.
SSUPT to DDG – Appointed by the President
Director General – Appointed by the President from among the senior officers down to the rank of Chief
Superintendent.

KINDS OF APPOINTMENT
PERMANENT – when an applicant possesses the upgraded general qualifications for appointment in the PNP.
TEMPORARY – Any PNP personnel who is admitted due to the waiver of the educational or weight requirements.
Any members who will fail to satisfy any of the waived requirements with the specified time periods shall be
dismissed from the service.
Pursuant to NAPOLCOM Memorandum Circular No. 2007-009, a newly recruited PO1 shall be appointed in temporary
status in twelve (12) months pending compliance with the Field Training Program (FTP) involving actual experience
and assignment in patrol, traffic and investigation.

APPOINTMENT UNDER WAIVER PROGRAM

(NAPOLCOM MC No. 2007-009)
1) Conditions on waivers for initial appointment to the PNP
a) The age, height and weight for initial appointment to the PNP may be waived only when the number of qualified
applicants falls below the approved national/regional quota.
b) The Commission en banc may grant age, height and weight waiver. The NAPOLCOM Regional Director may grant
height waiver to a member of an indigenous group.
c) Waiver of the age requirement may be granted provided that the applicant shall not be less than twenty (20) nor
more than thirty five (35) years of age.

149
 d) Waiver of the height requirement may be granted to a male applicant who is at least 1 meter and 57 cm (1.57m) and
to a female applicant who is at least 1 meter and 52cm (1.52m). Provided, that the minimum height requirement for
applicants who belong to indigenous group duly certified by the Office of the Muslim Affairs (OMA) or the National
Commission on Indigenous Peoples (NCIP) shall be 1.52m for male and 1.45m for female
e) An applicant who is granted a weight waiver shall be given reasonable time not exceeding six (6) months within
which to comply with the said requirement. Failure to attain the required weight shall cause the termination from the
service.
2) Factors to be Considered in the Grant of Waivers
a) Outstanding accomplishments or possession of special skills in law enforcement, police work, martial arts,
marksmanship and similar skills;
b) Special talents in the field of sports, music and others;
c) Extensive experience or training in forensic science and other technical services.
3) Selection Criteria under the waiver program
a) Applicants who possess the least disqualifications shall take precedence over those who possess more
disqualifications.
b) The requirement shall be waived in the following order:
1) Age
2) Height
3) Weight

LATERAL ENTRY OF OFFICERS INTO THE PNP

1) In general, all original appointments of commissioned officers in the PNP shall commence with the rank of
inspector, to include all those with highly technical qualifications applying for the PNP technical services (R.A. 6975).
a). Senior Inspector
1) Chaplain;
2) Member of the Bar;
3) Doctor of Medicine
b) Inspector
1) Dentist
2) Optometrists
3) Nurses
4) Engineers
5) Graduates of forensic science
6) Graduates of Philippine National Police Academy
Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after promotions from the
ranks are completed.

2) New policy on LATERAL ENTRY (NAPOLOCM M.C 2008-006

a) A person with highly technical qualifications such as:
1) Dentist
2) Optometrist
3) Nurse
4) Engineer
5) Graduate of Forensic Science
6) Doctor of Medicine
7) Member of the Philippine Bar
8) Chaplain
9) Information Technologist
10) Pilot
11) Psychologist b) Graduate of PNPA
b) Licensed Criminologist
3) Top priority consideration for lateral entry into the rank of Police Inspector shall be given to top ten (10)
placers of the different Licensure Examinations. However, incumbent PNP members who landed in the top ten shall
be given first preference over the civilian provided that the qualifications are satisfied.
150
4).The maximum age of PNP members applicants through lateral entry shall be forty six (46) years old at the time of
appointment. Age waivers shall not be allowed.

THE PNP PROMOTION SYSTEM

Promotion is defined as the upward movement from one classification or rank to another carrying higher benefits and more
responsibility. It is the upgrading of ranks and/or advancement to a position of leadership.
KINDS OF PROMOTION
1. Regular Promotion
2. Special/ Meritorious/Spot Promotion
3. Promotion by virtue of position

I. Regular Promotion - promotion granted to police officers meeting the mandatory requirements for promotion.

MANDATORY REQUIREMENTS FOR PROMOTION

1. Educational attainment
2. Completion of appropriate training/schooling, such as:
Master’s Degree - Chief Superintendent and above
Officers Senior Executive Course (OSEC) – Supt to Sr. Supt
Officers Advance Course (OAC) – Chief Insp.
Officers Basic Course (OBC) – Sr. Insp.
Officers Candidate Course (OCC) – SPOIV
Senior Leadership Course (SLC) – SPOIII to SPOIV
Junior Leadership Course (JLC) – POIII to SPOI
3. Time-in Grade – the number of years required for a police officer to hold a certain rank before he can be
promoted to the next higher rank. The time-in grade in the PNP is maintained as follows (NAPOLCOM MC #
2011-196):
2 years – from Sr Supt to Chief Supt.
3 years – from Supt to Sr Supt
5 years – Chief Insp to Supt
5 years – Sr Insp to Chief Insp
4 years – Insp to Sr Insp
3 years – SPO4 to Insp
3 years – SPO3 to SPO4
3 years – SPO2 to SPO3
3 years – SPO1 to SPO2
3 years – PO3 to SPO1
3 year – PO2 to PO3
4 years – PO1 to PO2
4. Appropriate eligibility – the required promotional examinations
a. Police Officer Promotional Examination
b. Senior Police Officer Promotional Examination
c. Police Inspector Promotional Examination
d. Police Superintendent Promotional Examination
Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the
compulsory retirement age shall be promoted to a higher rank or appointed to any other position.
- Pursuant to RA 9708, “…In addition, the institution of a criminal action or complaint against a police officer shall not
be a bar to promotion: Provided, however, That upon finding of probable cause, notwithstanding any challenge that
may be raised against that finding thereafter, the concerned police officer shall be ineligible for promotion: Provided,
further, That if the case remains unresolved after two (2) years from the aforementioned determination of probable
cause, he or she shall be considered for promotion. In the event he or she is held guilty of the crime by final
judgment, said promotion shall be recalled without prejudice to the imposition of the appropriate penalties under
applicable laws, rules and regulations:
-Provided, furthermore, That if the complaint filed against the police officer is for a crime including, but not limited
to, a violation of human rights, punishable by reclusion perpetua or life imprisonment, and the court has determined
that the evidence of guilt is strong, said police officer shall be completely ineligible for promotion during the
pendency of the said criminal case.”
151
 II. Special Promotion – promotion granted to police officers who have exhibited acts of conspicuous courage and
gallantry at the risk of his/her life above and beyond the call of duty.
Conspicuous courage is a courage that is clearly distinguished above others in the performance of one’s duty.

ACTS OF CONSPICUOUS COURAGE AND GALLANTRY (NAPOLCOM Memorandum Circular No. 2007-003 and PNP
Memorandum Circular No. 2009-019)
1. A deed of personal bravery and self sacrifice above and beyond the call of duty, so conspicuous as to distinguish
the act clearly over and above his/her comrades in the performance of more than ordinary hazardous service, such
as; but not limited to the following circumstances:
a. Overwhelming number of enemies and firepower capability as against the strength of PNP operatives
and their firepower capability;
b. Infiltration and penetration of the safehouses and hideouts of organized crime syndicates like kidnapping,
illegal drugs, carnapping, hijacking and terrorism;
c. Shoot-out in robbery/hold-up incidents inside public places such as: malls, government offices, business
establishments and PUVs;
d. Conduct of rescue/disaster operations that resulted in the saving of lives and properties.
2. An act of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster operations
resulting in the loss of life (posthumous promotions).

Posthumous Award – in case an individual who distinguish himself dies before the granting of the awards.

III. PROMOTION BY VIRTUE OF POSITION (Section 32, R.A. 8551)

Any PNP personnel designated to any key position whose rank is lower than that which is required for such position
shall, after six (6) months of occupying the same, be entitled to a rank adjustment corresponding to the position.
Provided, that the personnel shall not be reassigned to a position calling for a higher rank until after two (2) years from
the date of such rank adjustment.

ATTRITION (RA 8551)

- Refers to the retirement or separation from police service of PNP uniformed personnel pursuant to any of the
means mentioned in Section 24 to 29 of RA 8551 and other means as provided in NAPOLCOM Memorandum Circular
No. 2008-005.)

MODES OF ATTRITION
a) Attrition by attainment of Maximum Tenure in Position.
Maximum Tenure in Position refers to the maximum cumulative period for a PNP member to hold a particular position level.
Position Maximum Tenure
Chief Four (4) years
Deputy Chief Four (4) years
Director of the Staff Services Four (4) years
Regional Directors Six (6) years
Provincial/City Directors Nine (9) years
b) Attrition by Relief – A PNP uniformed personnel who has been relieved for just cause and has not been given an
assignment within two (2) years after such relief shall be retired or separated.
c) Attrition by demotion in position or rank – Any PNP personnel, civilian or uniformed, who are relieved and assigned
to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to
a position commensurate to his or her grade within EIGHTEEN (18) MONTHS after such demotion shall be retired or
separated.
d) Attrition by non-promotion – Any PNP personnel who has not been promoted for a continuous period of TEN (10)
YEARS shall be retired or separated
e) Attrition by other means - Any PNP member of officer with at least five (5) years of accumulated active service shall
be separated based on any of the following:
1. inefficiency based on poor performance during the last two (2) successive annual rating periods;

152
Poor performance refers to the poor rating in the promulgated PNP Performance Evaluation Rating System.
2. Inefficiency based on poor performance for three (3) cumulative annual rating periods; 3.
Physical and/or mental incapacity to perform police functions and duties.
4. Failure to pass the required entrance examinations twice and/or finish the required career course except for
justifiable reasons;
5. refusal to take periodic PNP Physical Fitness Test without justifiable reason.
Physical Fitness Test refers to the method of evaluating the physical condition of PNP members in terms of stamina,
strength, speed and agility.
6. failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to health reasons; 7.
failure to pass PNP Physical Fitness Test for Two (2) consecutive periodic tests or four (4) cumulative periodic tests;
or
8. non-compliance with the minimum qualification standards for the permanency or original appointment.

RETIREMENT OR SEPARATION UNDER THE ATTRITION SYSTEM

Any personnel who is dismissed from the PNP pursuant to different ways mentioned, shall be retired if he or she
has rendered at least twenty (20) years of service and separated if he or she has rendered less than twenty (20)
years of service, unless the personnel is disqualified by law to receive such benefits.

RETIREMENT
- the separation of the police personnel from the service by reason of reaching the age of retirement provided by
law, or upon completion of certain number of years in active service. A PNP uniformed personnel shall retire to the
next higher rank for purposes of retirement pay.

KINDS OF RETIREMENT
a) Compulsory– for officer and non-officer, upon the attainment of age Fifty-Six (56). Provided, in case of any officer
with the rank of CSUPT, Director or Deputy Director General, the Commission may allow his retention in the service
for an unextendible of one (1) year.
b)Optional – upon accumulation of at least Twenty (20) years of satisfactory active service.

RETIREMENT BENEFITS
Monthly retirement pay shall be FIFTY PERCENT (50%) of the base pay in case of twenty years of active service,
increasing by TWO AND ONE-HALF PERCENT (2.5%) for every year of active service rendered beyond twenty years.

CREATION OF WOMEN’S DESK -

provided by RA 8551
-women’s desk in all police stations shall administer and attend to cases involving crimes against chastity, sexual
harassment, abuses committed against women and children and other similar offenses.
-the PNP shall reserve TEN PERCENT (10%) of its annual recruitment, training and education quota for women. -
policewomen shall enjoy the same opportunities in terms of assignment, promotion and other benefits and privileges
extended to all police officers.

POWERS OF LOCAL GOVERNMENT OFFICIALS OVER THE PNP UNITS

- Governors and Mayors are deputized as representatives of the NAPOLCOM in their respective territorial
jurisdiction.
a) Provincial Governor
- power to choose the PNP Provincial Director from a list of 3 eligibles recommended by the PNP Regional
Director.
- oversee the implementation of the provincial public safety plan. b) City and Municipal Mayors
- has the power to choose his CHIEF OF POLICE from a list of five (5) eligibles recommended by the provincial
police director.
-he has the authority to recommend to the provincial director the transfer, reassignment or detail of PNP members
outside of their respective city or town .
- Authority to recommend from a list of eligibles, the appointment of new members of the PNP to be assigned
in respective cities.
– exercise operational supervision and control over PNP units in their jurisdiction, except during the 30 days period
immediately preceding and the 30 days following any national, local and barangay elections.

153
 -During the election period, local police forces shall be under the supervision and control of the
COMELEC.

Operational Supervision and control

- means the power to direct, superintend, and oversee the day to day functions of police investigation of
crime, crime prevention activities and traffic control.
- shall also include the power to direct the employment and deployment of units or elements of the PNP,
through the station commander, to ensure public safety and effective maintenance of peace and order within the
locality. Employment -refers to utilization of units or elements of the PNP for purposes of protection of lives and
properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders
and bringing the offenders to justice and ensuring public safety, particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other related activities.

Deployment - shall mean the orderly and organized physical movement of elements or units of the PNP within the
province, city or municipality for purposes of employment

SUSPENSION OR WITHDRAWAL OF DEPUTATION

- Unless reversed by the President, the NAPOLCOM may, after consultation with the provincial governor and
congressman concerned, suspend or withdraw the deputation of any local executives for any of the following
grounds:
1.Frequent unauthorized absences
2.Abuse of authority
3.Providing material support to criminal elements
4.Engaging in acts inimical to national security or which negate the effectiveness of the peace and
order campaign.

ADMINISTRATIVE DISCIPLINARY MACHINERIES

Citizen Complaints -pertains to any complaint initiated by a private citizen or his duly authorized representative on
account of an injury, damage or disturbance sustained due to an irregular or illegal act committed by a member of
the PNP

DISCIPLINARY AUTHORITIES:
1)CHIEF OF POLICE - where the offense is punishable by withholding of privileges, restriction to specified limits, suspension
or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days
2) CITY/MUNICIPAL MAYORS - where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not less than Sixteen but
not exceeding Thirty (30) Days.
3) PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) -where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding
Thirty (30) Days, or by Dismissal.

INTERNAL DISCIPLINE – On dealing with minor offense involving internal discipline found to have committed by any
PNP members, the duly designated supervisors shall, after due notice and hearings, exercise disciplinary powers as
follows:
1)CHIEF OF POLICE - may impose the administrative punishment of admonition or reprimand; restriction to
specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the
foregoing for a period not exceeding Fifteen (15) Days.
2)PROVINCIAL DIRECTORS - may impose the administrative punishment of admonition or reprimand;
restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any
combination of the foregoing for a period not exceeding Thirty (30) Days.
3)REGIONAL DIRECTORS - may impose the administrative punishment of admonition or reprimand;
restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; demotion; or
any combination of the foregoing for a period not exceeding Sixty (60) Days.

154
 4)CHIEF OF THE PNP - shall have the power to impose the disciplinary punishment of dismissal from the
service; suspension or forfeiture of salary; demotion; or any combination of the foregoing for a period not
exceeding One Hundred Eighty (180) Days.

MINOR OFFENSE - shall refer to an act or omission not involving moral turpitude but affecting the internal discipline of
the PNP, and shall include but not be limited to:
-simple misconduct or negligence
-insubordination
-frequent absences or tardiness
-habitual drunkenness
-gambling prohibited by law

INTERNAL AFFAIRS SERVICE (IAS) -created by RA 8551

POWERS AND FUNCTIONS OF THE IAS:
- pro-actively conduct inspections and audits on PNP personnel and units;
- investigate complaints and gather evidence in support of an open investigation;
-conduct summary hearings on PNP members facing administrative charges;
-submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel
and units to the Chief PNP and the Commission;
-file appropriate criminal cases against PNP members before the court as evidence warrants and assists in the prosecution of
the case;
-provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP;
The IAS shall also conduct, motu proprio (on its own initiative), automatic investigation of the following cases:
-incidents where a police personnel discharges a firearm;
-incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police
operation;
-incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;
-incidents where a suspect in the custody of the police was seriously injured; and
-incidents where the established rules of engagement have been violated.

ORGANIZATION OF IAS
-headed by the INSPECTOR GENERAL who is a CIVILIAN and appointed by the President upon the recommendation
of the Director General (Chief, PNP)
-the Inspector General shall be assisted by a Deputy Inspector General
-there shall be national, regional and provincial offices
-the national office shall be headed by the Inspector General, the regional offices by a Director, and the provincial
offices by a Superintendent

ENTRY QUALIFICATIONS TO IAS

-entry shall be voluntary
-PNP personnel with at least five (5) years experience in law enforcement
-with no derogatory service record
-members of the bar may enter the service laterally

PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)

- a body created pursuant to RA 6975.
- one of the disciplinary authorities of the PNP authorized to handle and investigate citizen’s complaint.
-the central receiving entity for any citizen’s complaint against the PNP members
- shall be created by the sangguniang panlungssod/bayan in every city and municipality as may be necessary.
-there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel.
- membership in the PLEB is a civic duty.

COMPOSITION OF PLEB composed of five (5)

members who shall be as follows:
-any member of the sangguniang panlungsod/bayan.
-any barangay chairman of the locality concerned.

155
 -three other members to be chosen by the local peace and order council from among the members of the
community.
-for the three other members, the following conditions must be met:
-one must be a woman
-one must be a lawyer, or a college graduate, or the principal of an elementary school in the q locality
-the CHAIRMAN of the PLEB shall be elected from among its members
-the term of office of the members of the PLEB is THREE (3) YEARS

DISCIPLINARY APPELATE BOARDS

-formal administrative disciplinary appellate machinery of the National Police Commission.
-tasked to hear cases on appeal from the different disciplinary authorities in the PNP

COMPOSED OF THE FOLLOWING:

National Appellate Board
-shall decide cases on appeal from decisions rendered by the PNP Chief and the National Internal Affairs Service
-shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer
REGIONAL APPELLATE BOARD
-shall decide cases on appeal from decisions rendered by the Regional Director, Provincial Director, Chief of Police,
the city or municipal mayor and the PLEB
-there shall be at least one (1) regional appellate board per administrative region

ADMINISTRATIVE PENALTIES
1. Withholding of privileges
2. Restriction to specified limits
3. Restrictive custody
4. Forfeiture of salary
5. Suspension
6. Any combination of the penalties above (1 to 5)
7. One (1) rank demotion
8. Dismissal from the service

POLICE PLANNING
PLANNING
- the determination in advance of how the objectives of the organization will be attained; involves the determination of
a course of action to take in performing a particular function or activity
- a management function concerned with visualizing future situation, making estimates concerning them, identifying
issues, needs and potential danger points, analyzing and evaluating the alternative ways and means of reaching desired
goals according to a certain schedule, estimating the necessary funds and resources to do the work and initiating action in
time to prepare what may be needed to cope with changing conditions and contingent events

TYPES OF PLANS
PROCEDURAL PLAN OR POLICY PLANS
-deal with procedures that have been outlined and officially adopted by all members of the unit under specified
circumstances
-guidelines for actions to be taken.
It includes all STANDARD OPERATING PROCEDURES (SOP)

POLICY
-general plan of action that serves as a guide in the operation of the organization or unit -
codes of procedures

STANDARD OPERATING PROCEDURES (SOP’s)

1. S.O.P # 1 – Police Beat Patrol Procedures
2. SOP # 2 – Bantay-Kalye
3. SOP # 3 – Siyasat

156
 4. SOP # 4 – REACT 166
5. SOP # 5 – LIGTAS (anti-kidnapping)
6. SOP # 6 – Anti-Carnapping
7. SOP # 7 – Anti-Terrorism
8. SOP # 8 – Joint Anti-Bank Robbery Action Committee (JABRAC)
9. SOP # 9 – Anti-Hijacking or Highway Robbery
10. SOP # 10 – PAGLALANSAG or PAG-AAYOS (against Partisan Armed Groups of Loose Fire)
11. SOP # 11 – Manhunt Bravo (wanted persons)
12. SOP # 12 – Anti-Illegal Gambling
13. SOP # 13 – Anti-Squatting
14. SOP # 14 – JERICHO
15. SOP # 15 – NENA (Anti-Prostitution)
16. SOP # 16 – Anti-Pornography
17. SOP # 17 – Guidelines in the Conduct of Arrest, Search and Seizure
18. SOP # 18 – Schematic Diagram of SANDIGAN Master Plan
19. SOP # 19 – Anti-Illegal Logging
20. SOP # 20 – Anti-Illegal Fishing
21. SOP # 21 – Anti-Illegal Drugs

EXAMPLES OF PROCEDURAL PLANS/POLICY PLANS

FIELD PROCEDURES
procedures intended to be used in all situations of all kinds shall be outlined as guide to officers and men in the
field, such as: procedures that relate to reporting, to raids, arrests, stopping suspicious persons, receiving
complaints, investigation, etc
HEADQUARTERS PROCEDURES
include the procedures to be followed in the headquarters, usually reflected in the duty manual.
SPECIAL OPERATING PROCEDURES
procedures intended for specific operations to ensure uniformity of action
OPERATIONAL PLANS
- often called work plan
- the work program of the field units
- describe specific actions to be taken
- the work to be done is estimated, manpower and equipment is allocated, proper objectives are defined and methods
of accomplishment are developed
- statistical analysis is widely used

OPERATIONAL PLANS (OPLANS)

1. OPLAN JUMBO – ASG Strategic Plan against Terrorism
2. OPLAN SALIKOP – CIDG Strategic Plan against Organized Crime Groups
3. OPLAN DISIPLINA – TMG regarding vehicles and motorists
4. OPLAN BANTAY DALAMPASIGAN – operation security measures and sea borne security patrols

TACTICAL PLANS
-plans that concern methods of action to be taken at a designated location and under specific circumstances
-generally emergency type plans that can be put into effect on the sudden occurrence of a condition requiring their
use -planning for emergencies of a specific nature at known locations
-developed for specific situations as they arise
-examples are: planning for major accidents; calamities or disasters; special events; hostage-taking situations, etc

ADMINISTRATIVE or MANAGEMENT PLANS

-those plans that relate to staffing, equipping, supplying and organizing
-include the structuring of functions, authority and responsibilities, the allocation of resources, personnel
management, budgeting and other concerns administrative in nature
-examples are: assignment and training of personnel; recruitment; equipment and supply procedures, etc

157
 EXTRA-DEPARTMENTAL PLANS
-those which require actions or assistance from persons or agencies outside of the department -involve
coordination with other agencies
-examples are: exchange of information on wanted persons, known drug syndicates, known organized crime groups,
stolen vehicles, etc

PNP MASTER PLANS

1. SANDIGAN-MILENYO – Anti-Criminality Master Plan
2. SANDUGO – master plan supporting the Internal Security Operations
3. BANAT – Anti-Illegal Drugs Master Plan
4. SANG-INGAT – Security Operations Master Plan
5. SAKLOLO – Disaster Management Master Plan
6. SANGYAMAN – Protection and Preservation of Environment, Cultural Properties and Natural Resources.

INDUSTRIAL SECURITY MANAGEMENT

DEFINITION OF SECURITY

- Generally, the meaning of security is a kind of state where people, institution, authority or groups feel fully
secured of feeling, free from any threat or vulnerability from somewhere or someone in his/her life, liberty, property
or activity. It could be in physical, psychological, social or economical form.

-It is a state or quality of being secured, freedom from fear or danger, assurance, certainty.

-It is the degree of protection against danger, loss, and criminals.

- Protection against any type of crime to safeguard life and assets by various methods and device.

BASIC PRINCIPLES OF SECURITY

1. Command Responsibility
-Cannot be delegated but the security tasks can be assigned.
2. Compartmentation
-Need to know basis
3. Balance between security and efficiency -Security prevails over efficiency
4. General principles of security remain constant
-Specific measures to suit operations
5. Security is the concern of all personnel
-Regardless of rank, position, designation

TYPES OF SECURITY MEASURES FOR AN EFFECTIVE DEFENSE AGAINST CRIMES:

1.ACTIVE MEASURES – these involve the installation of physical barriers, security lighting, use of vaults, locks and others.

2.PASSIVE MEASURES – those that will deter man from committing such act of fear of being caught, charge in court or
get dismissed, such as: security education, programs, investigations, seminars, personnel security check.

Brief History of Security in the Philippines

- The private security business began on March 11, 1933, when the first formally licensed private security agency
“Special Watchman Agency” started operations;

- Later it renamed “Jimenez Security Agency”, founded by brothers Juan and Pedro Jimenez;

158
- On May 30 1958, the Philippine Association of Detectives and Protective Agency Operations (PADPAO) was formally
organized;

-RA 5487 was passed on June 13, 1969 through the continuous lobbying of the incorporators and officers of PADPAO,
which set the standards and minimum requirements for the operations of security agencies.

- P.D. 11 was passed on October 3, 1972, widening the coverage of RA 5487 to include security guards employed in
logging concessions, agricultural, mining and pasture lands;

- P.D. 100 was issued on January 17, 1973, broadening the coverage of the security industry to include employees of
the national or local government or any agency who are employed to watch or secure government building and properties.

- On August 1969, the Philippine Constabulary activated the Security and Investigation Supervisory office or SIASO to
supervise and control the organization and operation of private security and detective agencies nationwide;

- Later it was renamed Philippine Constabulary Supervisory Office for Security and Investigation Agencies or PCSUSIA.

- With the passage of RA 6975, this unit was absorbed by the Philippine National Police;

-Later it was made into a division of the PNP Civil Security Group and was renamed Security Agencies and Guard Supervision
Division (SAGSD);

- It was renamed to PNP Supervisory Office for Security Investigation Agency (SOSIA).

THREE MAJOR AREAS OF SECURITY

1. Physical Security
2. Personnel Security
3. Document and Information Security

TYPES OF SECURITY

1. PHYSICAL SECURITY
Definition
– a system of barriers placed between the potential intruder and the objects/matter to be protected. It is the
broadest branch of security, which is concerned with physical measures adopted to prevent unauthorized access to
equipment, facilities, materials and documents and to safeguard them against espionage, sabotage, damage and
theft.

OBJECTIVES:
a. To protect the organization’s asset;
b. To make access so difficult that an intruder will not dare attempt penetration.

CONCEPTS:
a. Enemy agents will always seek access;
b. Surreptitious entry is the greatest hazard to security;
c. There are no impenetrable barriers;
d. Each installation is different.

FACTORS THAT BRING INSECURE CONDITION:

1. Threat
– An indication of impending danger or harm;
- positive inimical acts
2. Hazard
159
 – A chance of being injured or harmed;
-passive inimical acts
3. Vulnerability
– inability to withstand the effects of a hostile environment
-measure of how open an establishment to intrusion, attack or injury
4. Risk
– is the potential that a chosen action or activity (including the choice of inaction) will lead to a loss (an
undesirable outcome).
-probability of an event to happen that will lead to loss.

SECURITY HAZARD
An act or condition which results in a situation conducive to a breach of the protection system and the subsequent
loss or compromise, or damage to personnel, property or facilities.

KINDS OF HAZARDS
1. Man –Made Hazards – an acts or conditions affecting the safe of operation of the facility caused by human
action, accidental or intentional. It includes sabotage, espionage, pilferage and theft.
2. Natural Hazard – cause by natural phenomena which cause damage, disturbance and problems of normal
functioning activities, including security. It includes flood, lighting, storms and volcanic eruptions.

THE EXTENT OF DEGREE OF RISK TO SECURITY WILL BE DEFENDANT ON THE FOLLOWING:

1. RELATIVE CRITICALITY OF OPERATIONS- Is the importance of the firm which reference to the national
economy and security.
2. RELATIVE VULNERABILITY – The susceptibility of the plant or establishment to damage, loss, or disruption
of operation due to various hazard.

BARRIER – can be defined as any structure or physical device capable of restricting, deterring, delaying, illegal
access to an installation.

Generally, a barrier is use for the following purposes:

1. Outline the perimeter of the area to be secured;
2. Create a physical and psychological deterrent to unauthorized entry;
3. Delay intrusion, thus facilitating apprehension of intruders;
4. Assist in more efficient and economical employment of guards; 5. Facilitates and impose the control of
pedestrian and vehicular traffic.

1. FIRST LINE OF DEFENSE – Perimeter barrier/fences - a medium or structure which defines the physical limits
of an installation or area to restrict or impede access thereto.
2. SECOND LINE OF DEFENSE – Doors, floors, windows, walls, roofs and grills.
3. THIRD LINE OF DEFENSE – Storage system like steel cabinets, safes, vaults and interior files.

GENERAL TYPES OF PHYSICAL BARRIER:

1. NATURAL BARRIER – include mountains, rivers, seas, desserts or terrain difficult to traverse. To be fully effective,
these barriers must be under surveillance of guards.
2.STRUCTURAL OR MAN-MADE BARRIER – structural constructions made by man like fences, walls, floors, roofs, grill
or other physical means to deter or impede penetration.

TYPES OF FENCES
1. SOLID FENCE – Constructed in such away that visual access through the fence is denied. Its advantage is that it
denies the opportunity for the intruder to become familiar with the personnel, activities and the scheduled
movements of the security personnel. On the other hand, it prevents the guards from observing the area around the
installation and it creates shadow that may be used by the intruder for cover and concealment.
WALL – Masonry wall should have the same as the chain linked and surrounded by the barbed wire as top guard.

160
 2. FULL VIEW FENCE – It is constructed in such a way that visuals access is permitted through the fence. Its
advantage is that it allows the security personnel to keep the surrounding of the installation under observation. On
the other hand, it allows the intruder to become familiar with the movements the security personnel.

TYPES OF FULL VIEW FENCE

1. CHAIN LINK FENCE
- Should be constructed minimum height of 7 feet excluding top guard;
- 9 gauges or heavier;
- Mesh openings of not larger 2 inches per side;
- Twisted;
- Securely fastened to rigid material or reinforced concrete;
- Reach within 2 inches of hard ground or paving;
- On soft ground, it must reach below surface deep enough to compensate for shifting soil or sand.

2. BARBED WIRE FENCE - is a type of fencing wire constructed with sharp edges or points arranged at intervals along
the strand(s). It is used to construct inexpensive fences.
3. Concertina Wire or Dannert Wire – is a type of barbed wire or razor wire that is formed in large coils which can be
expanded like a concertina.
-Opened concertina wire is 50 feet long and 3 feet diameter.

ADDITIONAL PROTECTIVE MEASURES

Top Guard- an addition overhang or barbed wire place on vertical perimeter fences facing upward and outward with
a 45 degree angle with three to four strands of barbed wires space six inches apart. This will increase the protective
height and prevent easy access.
3. Entry Stations – provided at main perimeter entrances to secure areas located out of the doors, and manned by
guards on a full time basis.
4. Towers – a house like structures above the perimeter barrier. Height of tower increases the range of observation
during day and night with artificial illumination.
5. Clear Zones – unobstructed area maintain on both sides of the perimeter barrier. It affords better observation and
patrol movement. It should be cleared of anything that may provide concealment or assistance to a person seeking an
authorized entry.

CLEAR ZONE
- 20 feet or more between the perimeter barrier and exterior structure.
- 50 feet or more between the perimeter barrier and structure within the protected areas.

PROTECTION IN DEPTH
-In large open areas or ground, where fencing or walling is impracticable and expensive, warning signs should be
conspicuously placed.
- The depth itself is protection.

6. Signs and Notices – erected where necessary in the management of unauthorized ingress and preclude accidental entry.

SECURITY LIGHTING
Provides sufficient illumination to areas during hours of darkness.

PURPOSES OF SECURITY LIGHTING

1. It improves visibility so that intruders can be seen, identified and apprehend;
2. It gives psychological fear, which serves as a deterrent to thieves, pilferers, trespassers, and sabotage;
3. It makes easier. The routine of work of guards in identifying employees, vehicles during night time;
4. If placed in certain areas, may even reduce the number of stationary guards, and instead, may require only roving patrols
at night.

TYPES OF SECURITY LIGHTING

161
1. Stationary Luminary – most common type consisting of fixed series of luminaries. It is commonly used on
entry gates of employees and vehicles.
>Glare Protection Type – The intensity is focused to the intruder while the observer or the guard
remain in comparative darkness.
>Controlled lighting- The lighting is focused on certain objects than the background.

2. Standby Lighting – similar to continuous lighting but can be turned on manually or by special device or other
automatic means, when there is a suspicion of entry.
3. Emergency Lighting – stand by lighting which can be utilized in the event of electrical failure.

PROTECTIVE ALARMS
Is an aural or visual signal given by the annunciator to the security when intruder actuate certain devices in a
protected area. An annunciator is a visual or audible signaling device, which initiates conditions of associated circuits.

Basically, alarm system are designed to alert security personnel of a attempted or consummated intrusion into an
area, building or compound. Each type of alarm is activated in the event that an intruder tampers with the circuitry, a
beam or radiated waves. Alarm are also for fire, smoke, or other emergencies and presence of hazards.

THREE BASIC PARTS OF ALARM

1. Sensors
- device that can sense an abnormal condition within the system and provide a signal indicating the
presence or nature of the abnormality
2. CIRCUIT
- It is the communication channel that conveys the information from all sensors in the system to the signal by means
of wire, radio waves.

3. Signal
- The actual alarm may be audible or silent, a bell, buzzer, phone ringing, or flashing of light.

TYPES OF PROTECTIVE ALARM

1. Central Station System – Several separate compounds tie their alarm system to a central station so that in
case of need, the central station calls for assistance to the police, fire department, hospital or with other government
assisting units.
2. Proprietary System – Similar to the central station type excepts that the proprietary console is located inside
the subscribers installation who owns or bases the system.
3. Auxiliary System – An installation owned system which is a direct extension of the local enforcement agency
and/or fire department by special arrangements.
4. Local Alarm System – Consists of rigging up a visual or audible alarm near the object to be protected. In
case of alarm, response will be made by the local guards and other personnel within sight or hearing.

FIRE PROTECTION

FIRE ALARM - - Any visual or audible signal produced by a device or system to warn 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.

DEVICES
1. Smoke Detector - a device placed at the ceilings of the floor that detects smoke, typically as an indicator of fire.
2. Fire Bell -a hollow device made of metal that makes a ringing sound.

AUTOMATIC SPRINKLER – a type of built in sprinklers which works by the increase of room temperature and which
automatically operates the system to put out the fire. Attached and distributed in the ceiling of the rooms. These
sprinklers will go into action once a fire starts, and those that will open are those that are directly above the fire and
water is delivered where it is needed.

162
 STAND PIPES
G.I. steel or plastic pipes located inside the building from the lowest to the top floor with water under pressure for
use in case of fire. Located near the standpipe is a fire hose usually enclosed in a glass box.

FIRE HYDRANT
It is a mechanical device strategically located in an installation or in a street where a fire hose will be connected so that
the water will be available to extinguished a fire.

FIRE EXTINGUISHER
Is a fire fighting equipment which can is a fire fighting equipment which can be portable or in cart that is used to put
out fire depending on the contents to extinguish certain types of fire.

CLASSES OF FIRE
1. CLASS A FIRES –- involving ordinary combustible materials such as wood, cloth, and paper, requires an
extinguishing agent which cools. A water or multi-purpose dry chemical can be used.
2. CLASS B - fires involving flammable and combustible liquids and gases, such as solvents, greases, gasoline, and
lubricating oil, require an extinguisher which removes oxygen or cuts the chain reaction. Foam, carbon dioxide, dry
chemical, are effective.
3. CLASS C - fires involve energized electrical equipment (live electrical wires, electrical appliances). A non-
conducting extinguishing agent such as carbon dioxide or multi-purpose dry chemical must be used.
4. CLASS D FIRES – the result of the combustion of certain materials in firely divided forms. These metals can be
magnesium, potassium, powdered aluminum and zinc.

HOW TO OPERATE FIRE EXTINGUISHER

-If you need to use a fire extinguisher, remember the word PASS :

▪ PULL the pin - Fire extinguishers often have a pin, latch, or puncture lever that you need to release first.
▪ AIM low - Aim the nozzle or hose of the extinguisher at the base of the fire.
▪ SQUEEZE the handle - This releases the extinguishing agent.
▪ SWEEP from side to side - Move in close, and sweep across the base of the fire. Watch for re-flash of the fire.

ALARM DEVICES
1. Magnetic Door Contact -is a protective device usually placed in the door, and window that can send notification
when the opening and closure occurs
2. Vibration Contact – devices mounted on barriers and are used primarily to detect an attack on the structure
itself. When movement or vibration occurs, the unstable portion of the circuit moves and breaks the current flow, which
produces an alarm.
3. Passive Infrared Detector (PIR) or Motion Sensor –PIRs are able to distinguish if an infrared emitting object is
present by first learning the ambient temperature of the monitored space and then detecting a change in the
temperature caused by the presence of an object.
4. Panic button -Often located under the counter, the button can be pressed in times of distress (Such as robbery,
disruptive or threatening behavior, or a situation which may warrant assistance), triggering a silent alarm.
5. CCTV - A video monitoring system is more commonly known as Closed Circuit Television Systems. A
CCTV system is a system consisting of a television camera, video monitor, and a transmission medium (Cable,
fiber or wireless) connecting the two. It is used to monitor the premises.

IP CAMERA
>IP based cameras work by turning images and audio into data then transmitting this data over a network or Internet
connection.
>IP cameras are a type of Closed Circuit Television Camera (CCTV) used for capturing images and audio recordings in
surveillance for homes and businesses.

163
-The IP name stands for Internet Protocol, a system that allows the transmission of images captured by a digital video
recorder (DVR) to the end destination computers and these components together make up a video security system.

PROTECTIVE LOCKS
LOCK – defined as mechanical, electrical, hydraulic or electronic device designed to prevent entry to a building or room.

Type of Locks
1. Key – Operated Lock
- It uses some sort of arrangement of internal physical barriers which prevent the lock from operating unless they are
properly aligned. The key is the device used to align these internal barriers so that the lock may be operated.
PADLOCK – a portable and detachable lock having a pivoted or sliding hasp which possess through a staple ring, or
the like and is made fast or secured.

2. COMBINATION LOCK – a lock that requires manipulation of parts according to a predetermined combination
code of numbers.
3. CARD OPERATED LOCK/CODED LOCK – type of lock that can be opened by inserting a coded card in a slot in
the lock, or by pushing the correct button on the surface of the lock.
4. ELECTRONIC LOCK – type of lock that can be closed and opened remotely by electronic means.

BIOMETRICS
- A machine that can be used for identification of humans by their characteristics or traits.
- It is used as a form of identification and access control.
- It is equipped with recording device that can identify the person operating the lock and the time it was operated.

KEY CONTROL
– defined as the management of keys in a plant or business organization to prevent unauthorized individual access to
the keys.

Change Key - a key to a single lock

Sub-Master Key - a key that can open all locks within a particular area or grouping.
Master Key – a special key capable of opening a series of locks
Grand Master Key – a key that can open everything in a system involving two or more master key groups.

PETERMAN
-A term used in England for lock picker, safecrackers, and penetrators of restricted areas or rooms.

FALSE KEY
- Genuine key stolen from the owner

HUMAN BARRIER
Security guard – Is any natural person who offers or renders personal service to watch or guard residential or
business premises or both, government and/or their premises for hire and compensation.

Security Supervisor – Is charged with directing the work and observing the behavioral performance of the guard
under his unit.

ORGANIZATION AND ADMINISTRATION OF SECURITY GUARD FORCE

Republic Act 5487, as amended – The Private Security Agency Law, approved on June 13, 1969.

2003 Revised Implementing Rules and Regulations (IRR) of RA 5487, as amended,

164
 PNPSOSIA – Philippine National Police Supervisory Office for Security Investigation Agency – office under the Civil
Security Group which is charged with the supervision, direction and control of all security agencies in the Republic.

WHO MAY ORGANIZE AND MAINTAIN PRIVATE SECURITY AGENCY AND PRIVATE DETECTIVE AGENCY

Any Filipino citizen or corporation, association, partnership, one hundred percent of which is owned and controlled by
Filipino citizens.

BASIC REQUIREMENT OF AN OPERATOR OR MANAGER

OF SECURITY AGENCY

1. Filipino citizen;
2. Not be less than twenty five (25) years of age;
3. College graduate and/or a commissioned officer in the inactive service or retired from the AFP or PNP;
4. Has taken a course/seminar on Industrial Security Management and/or must have adequate training or
experience in security business,
4. Good moral character;
5. Having no previous record of conviction of crime or offense involving moral turpitude.

QUALIFICATIONS OF SECURITY GUARD OR WATCHMAN

1. Filipino citizen;
2. High School graduate;
3 Physically and mentally fit;
4. At least eighteen (18) years of age but not more than fifty (50) years old;
5. Has undergone Pre-Licensing course or its equivalent.
Veterans and retired military/police personnel honorably discharge including graduates of ROTC advance (or its
equivalent in the PNP) are exempted from the required Basic-Licensing Training.

QUALIFICATIONS FOR SECURITY OFFICER

1. Filipino citizen;
2. Holder of a Baccalaureate Degree;
3. Physically and mentally fit;
4. Has graduated from a Security Officer Training Course or its equivalent

QUALIFICATIONS OF SECURITY CONSULTANT

1. Filipino citizen;
2. Physically and mentally fit;
3. Holder of Masters degree either in Criminology, Public Administration, MNSA, Industrial Security Administration, or
Law
4. Must have at least ten (10) years experience in the operation and management of security business.

PRIVATE DETECTIVE

Any person who does detective work for hire, reward or commission, other than members of the AFP, BJMP, PNP or any
other law enforcement agencies.

QUALIFICATIONS OF A PRIVATE DETECTIVE

165
1. Filipino citizen;
2. Physically and mentally fit;
3. Holder of baccalaureate degree, preferably Bachelor of Laws or Bachelor of Science in Criminology;
4. Graduate of a Criminal Investigation Course offered by the PNP or NBI or any police training school, or a detective
training in any authorized/recognized training center;
5. Advance ROTC/CMT graduate or its equivalent

DISQUALIFICATIONS

1. Having previous record of any conviction of any crime;

2. Having previous record of any conviction of any offense involving moral turpitude;
3. Having been dishonorably discharged or separated from employment or service;
2. Being a mental incompetent;
3. Being addicted to the use of narcotic drug or drugs, and
4. Being a habitual drunkard
5. Dummy of a foreigner

MORAL TURPITUDE

It is an act of baseness, vileness or depravity in the private and social duties which a man owes to his
fellowmen or to society in general, contrary to the accepted and customary rule of right and duty between a man
and man.

Conduct that is considered contrary to community standards of justice, honesty and good morals.
Examples . Rape, Forgery, Robbery

TYPES OF SECURITY GUARD FORCE

1. Company Guard Force – security force maintained and operated by any private company/corporation utilizing
any of its employees to watch secure and guard its establishment.

2. Security Agency service – security guard belonging to privately licensed agency (contractual basis);
3. Government Guard Forces –security unit maintained and operated by any government entity other than
military or police.

POSSESSION OF FIREARMS
1. One (1) firearm for every two (2) security guards;
2. Private security agency/private detective agency/company security force/government security force shall not
be allowed to possess firearms in excess of five hundred (500) units.
3. Shotguns not higher than 12 gauge
4. Weapons with bores not bigger than cal .22 to include pistols and revolvers with bores bigger than cal .38

Exemptions: in areas where there is an upsurge of lawlessness and criminality as determined by the Chief PNP,
Regional Office or their authorized representative, they may be allowed to acquire, possess and use high powered
firearms.

NUMBERS OF SECURITY PERSONNEL TO BE MAINTAINED TO SECURE REGULAR LICENSE TO OPERATE

1. Private Security Agency – minimum of two hundred (200) licensed private security personnel and a
maximum of one thousand (1,000).

2. Company Guard Force/Private Detective Agency – minimum of thirty (30) and a maximum of One thousand
(1,000)

166
 LIMITATION IN THE CARRYING OF FIREARMS

1. No firearm shall be borne nor be in the possession of any private security personnel except when in actual
performance of duty, in the prescribed uniform, in the place and time so specified in the Duty Detail Order
(DDO).
2. Shall be carried only within the compound of the establishment where he is assigned to guard.
3. While escorting big amount of cash or valuable outside of its jurisdiction or area of operation, private
security agency shall issue an appropriate Duty Detail Order to the security personnel concerned

Duty Detail Order (DDO) – is a written order/schedule issued by a superior officer usually the private security
agency/branch manager or operations officer assigning the performance of private security/detective services duties.

DDO for the purpose of post duties not requiring transport of firearms outside of the physical compound or property
of a client or client establishment shall be issued for not more than a thirty (30) days duration

CLASSIFICATION OF TRAINING AND ITS DURATION

1. Basic Security Guard Course (Pre-Licensing Course) – 150 hours;
2. Re-Training Course- 48 hours;
3. Security Officers Training Course – 300 hours
4. Basic Security Supervisory Course – 48 hours

- All Licenses to Operate have a validity of Two (2) years;

- All applications for renewal of License to operate (LTO) shall be filed at least sixty (60) days before the expiry date of
LTO;
- No application shall be approved unless a certification is issued by FED-CSG to the effect that all licenses of firearms
of the agency are updated/renewed for at least one (1) year forthcoming during the validity of the renewed LTO.

Approval, Cancellation, Suspension of LTO

Chief PNP
-Approval of New Regular LTO
-Cancellation of Regular LTO
-Re-instatement of Regular LTO
-Suspension of Regular LTO

Director Civil Security Group

- Renewal of Regular LTO
- Approval of Temporary LTO
- Reversion of Regular to Temporary LTO
- Cancellation of Temporary LTO
- Suspension of Temporary LTO

SURETY BOND
Agency with 1 -199 guards – P50,000.00
Agency with 200-499 guards – P100,000.00
Agency with 500-799 guards – P150,000.00
Agency with 800-1000 guards – P200,000.00

STOCKING OF AMMUNITION
1. Stocks of ammunition in the agency shall not exceed fifty (50) rounds of ammunition per unit of duly licensed
firearms.
2. Individual issue to each security guards shall be limited to twenty five (25) rounds for every security guard.

167
CONFISCATION OF FIREARMS OF SECURITY GUARD
1. When the firearm is about to be used in the commission of a crime;
2. When the firearm is actually being used in the commission of a crime;
3. When the firearm has just been used in the commission of a crime;
4. When the firearm being carried by the security guard is unlicensed or a firearm is not authorized by law and
regulation for his use;
5. When the confiscation of the firearm is directed by the order of the court;
6. When the firearm is used or carried outside the property, compound or establishment serviced by the agency without
proper authority; or
7. When a security guard does not possess any license to exercise his profession.
In all the above cases, the confiscating officer shall inform immediately the agency concerned.

REVOCATION OF LICENSE TO POSSESS FIREARM

1. Failure to submit any issued firearm for verification as required;
2. Carrying firearms by security personnel without appropriate Duty Detail Order;
3. When the firearm serial number has been duplicated on another firearm or using one firearms license for more than
one firearm other than those stipulated in the license;
4. Carrying of firearms outside of the place stated in the permit or in places prohibited under the law;
5. When the firearm was reported lost.

SECURITY PERSONNEL RANKS, POSITIONS, STAFFING PATTERN AND JOB DESCRIPTION

1. Security Management Staff
1.1 Security Director (SD) –Agency Manager/Chief Security Officer – responsible for the entire operation and
administration/management of the security agency.
1.2 Security Executive Director (SED) – Assistant Agency Manager/Asst. Chief Security Officer – Assist the
Security Director
1.3 Security Staff Director (SSD) – Staff Director for Operation and Staff Director for Administration
>The Staff Director for operation -assistant of the security manager for the efficient operation of the agency. >The
Staff Director for Administration - is the staff assistant of the agency manager for the effective and efficient
administration and management of the agency.
1.4Security Staff Director for Training- Staff in charge for Training – responsible for the training of the Agency’s
security personnel
2. Line Leadership Staff
2.1 Security Supervisor 3 – Detachment Commander – is the field or area commander of the agency;
2.2 Security Supervisor 2 – Chief Inspector – responsible for inspecting the entire area covered by the
detachment;
2.3 Security Supervisor 1 – Inspector – responsible for the area assigned by the Chief Inspector or the
Detachment Commander.

3. Security guard
3.1 Security Guard 1 – Watchman/guard- the one actually posted as watchman and or guard
3.2 Security Guard 2 – Shift in- charge – responsible for the security officers who are scheduled in a certain shift
for a particular period
3.3 Security Guard 3 – Post in- charge –responsible for the entire detailed security office within a certain
establishment.

Note: Security Agency operator/manager/owner can put its own staffing pattern provided it is consistent with the
provisions of IRR of RA 5487.

ADVANTAGES OF COMPANY GUARD FORCE

1. High caliber and receives higher salary;
2. Provides better service;
3. Can be trained to handle some of the more complex security duties;
4. More familiar with facilities they protect; 5. Tend to be more loyal with the company.

168
 DISADVANTAGES:
1. May be required to join the union;
2. Cost more;
3 Problem of ensuring availability of back-up personnel.

ADVANTAGES OF AGENCY GUARD SERVICES

1. Less expensive;
2. Use is convenient;
3. Less administrative and personnel problems;
4. Agency assumes full responsibility for the scheduling and supervising of all guard personnel
5. Can easily obtain extra guard if needed;
6. Agency easily usually accepts liability of civil suits.

DISADVANTAGES:
1. Lack of training, low caliber employee;
2. No loyalty to the company;
3. Large turnover
4. Not familiar with facilities

ESSENTIAL QUALITIES OF SECURITY GUARD

1. Alertness – being watchful in spotting violator, a person, a vehicle or an incident;
2. Judgment – sound and good judgment to arrive at wise and timely decisions;
3. Confidence – faith in oneself and his abilities;
4. Physical Fitness – always in a condition to render effective service even under the most strenuous conditions;
5. Tactfulness – ability to deal with others successfully without offending;
6. Self Control – ability to take hold of oneself regardless of a provoking situation.

GENERAL FUNCTIONS OF A SECURITY GUARD

1. Enforce company rules and regulations;
2. Operate and enforce the personnel identification system;
3. Patrol and observe designated areas, perimeter, structures, installation;
4. Take into custody a person attempting or giving unauthorized access in restricted, limited and controlled
areas
5. Check rooms, buildings, storage rooms of security interest and after working hours, check proper locking of
doors and gates.
6. Perform escort duties when required;
7. Respond to alarm signals or other indications suspicious activities and emergencies;
8. Safeguard equipment and material against sabotage, unauthorized access, loss, theft or damage;
9. At quickly in situations affecting the security of installation and personnel, to fire accidents, internal disorder,
attempts to commit criminal acts;
10. Control and regulate vehicle and personnel traffic within the compound as well as parking of vehicle;
11. Other duties that is necessary in the security guard function;

POWER AND DUTIES OF SECURITY GUARD

1. Territorial Power – A security guard shall watch and secure the property of the person, firm or establishment
with whom he or his agency has a contract for security services. Such services shall not extend beyond the property
or compound of said person, firm or establishment except when required by the latter in accordance with the terms
of their contract, or in hot pursuit of criminal offenders.

2. Arrest by Security Guard – A security guard or private detective is not a police officer and is not, therefore,
clothed with police authority. However, he may arrest a person under the circumstances mentioned in Section 5,
Rule 113, Revised Rules of Criminal Procedure.
169
3. Search without Warrant – Any security guard may, incident to the arrest, search the person so arrested in
the presence of at least two (2) witnesses. He may search employees of the firm or establishment with which he or
his agency has a contract, when such search is required by the very nature of the business of the person, firm or
establishment.

DUTIES DURING STRIKES AND LOCKOUTS

1. All private security personnel in direct confrontation with strikers, marchers or demonstrators shall not carry
firearms. They may carry only night sticks (baton) which may or may not be provided with tear gas canister and
dispenser. Security personnel not in direct confrontation with the strikers may carry in the usual prescribed
manner their issued firearm.
2. Private Security personnel shall avoid direct contact either physically or otherwise with the strikers;

3. They shall stay only within the perimeter of the installation which they are protecting at all times;
4. In protecting and securing the assets and persons of their clients, shall only use sufficient and reasonable force
necessary to overcome the risk or danger posed by strikers or hostile crowds.
5. They shall refrain from abetting or assisting acts of management leading to physical clash of forces between labor
and management.
6. They must at all times be in complete uniform with their names and agency’s name shown on their shirts above
the breast pockets.

FUNCTIONS OF A PRIVATE DETECTIVE

1. Background Investigation;
2. Locating missing person;
3. Conduct surveillance work;
4. Such other detective work as may become the subject matter of contract between the agency and its clients. Except not
contrary to law, public order, public policy morale and good custom.

POWERS OF CITY, MUNICIPAL MAYORS IN CASE OF EMERGENCY

>In case of emergency or in times of disaster or calamity when the services of any security agency/entity and his
personnel are needed. The city or municipal mayor, may muster or incorporate the members of the agency or
agencies nearest the area of such disaster or calamity to help in the maintenance of peace and order, prevention of
crime, or apprehension of violators of laws and ordinance, and in the protection of lives and properties.
>They shall receive direct orders from the Chief of Police of the city or municipality for the duration of the emergency,
disaster or calamity.

SUPERVISION OF THE PNP

In case of emergency or in times of disaster or calamities, the Chief, PNP may deputize any security guard to
assist the PNP in the performance of police duties for the duration of such emergency, disaster or calamity. Licensed
guards, who are actually assigned to clients with DDO, shall be deputized by the Chief, PNP, and clothed with authority
to enforce laws, rules and regulations within his area of responsibility.
INTER-RELATIONSHIP BETWEEN PRIVATE SECURITY PERSONNEL
AND MEMBERS OF THE PNP

1. Private security personnel are always subordinate to members of the PNP on matters pertaining to law
enforcement and crime prevention. They cannot enforce any provision of the law except in executing citizen’s arrest
and/or conducting initial investigation of a commission of a crime. In such case, any arrested person shall be turned
over immediately to the nearest PNP unit/station.
2. Criminal investigation is the responsibility of the PNP. All results of initial investigation conducted by the
private security personnel and all evidence gathered by them shall be turned over to the PNP unit/station concerned
as a matter of course without delay.

GROUNDS FOR CANCELLATION OF SECURITY GUARD LICENSE

170
 1. Assisting or protecting criminals during on or off duty status;
2. Providing confidential information to unauthorized person;
3. Posted security guard found drunk or drinking intoxicating liquor; and
4. Other similar acts

THEFT AND PILFERAGE

Theft – committed by any person, who with intent to gain but without violence, against, or intimidation of persons
nor force upon things shall take personal property of another without the latter consent.

PSYCHOLOGICAL EXPLANATIONS ON THEFT

1. The need or desire . An individual may need or desire to commit the act because of financial problem, inadequate
income, extravagant living, gambling.
2. The psychological need (Kleptomania) -is an irresistible urge to steal items of trivial value. People with this
disorder are compelled to steal things, generally, but not limited to, objects of little or no significant value.
3. The criminal tendency. The individual with such tendency may be more tempted to steal if security control are
inadequate.

THE CASUAL AND SYSTEMATIC PILFERER

Casual Pilferer – One who steals due to his inability to resist the unexpected opportunity and has a little fear of
detection.
Systematic Pilferer – One who steals with preconceived plans and takes away any or all types of items or supplies for
economic gain.

COMMUNICATION SECURITY – is the protection resulting from the application of various measures which prevent or
delay the enemy or unauthorized persons in gaining information through the communication system. This includes:
a. Transmission Security – component of communications security which results from all measures designed to
protect transmission from interception.
b. Cryptographic Security – results from the provisions of technically sound crypto-system and their proper use.
c. Physical Security – providing safeguards to equipment and material from access by unauthorized persons.

THREATS IN COMMUNICATION SECURITY

1. Wiretapping - is the monitoring of telephone conversations by a third party, often by covert means.
2. Bugging – means to secretly listen to or record a conversation using a hidden electronic device.
3. Eavesdropping (unauthorized listening)- is the unauthorized real-time interception of a private communication,
such as a phone call, instant message, videoconference or fax transmission.

RA No. 4200, Approved June 19, 1965

- An Act to prohibit and penalize wiretapping and other related violations of privacy of communication, and other
purposes.

UNLAWFUL ACTS
Sec. 1
It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken
word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding
sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured either before or after the effective date of this Act in the
manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the
171
contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any
other person:

Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be covered by this prohibition.

Sec. 3

Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding
sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy,
mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations
of Commonwealth Act No. 616, punishing espionage and other offenses against national security:

AUTHORIZATION

The authorization shall be effective for the period specified in the order which shall not exceed sixty (60) days from
the date of issuance of the order, unless extended or renewed by the court upon being satisfied that such extension
or renewal is in the public interest.

The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial
jurisdiction the acts for which authority is applied for are to be executed.

BANK SECURITY – a specialized type of physical security protecting the assets, personnel and operation of a bank,
with special emphasis on the precaution and measures to safeguard the cash and assets while in s storage, in
transit, and during transaction.

>Bangko Sentral ng Pilipinas (BSP) Circular No. 620 Issued on September 3, 2008 – a Circular issued by BSP
concerning regulations on Bank protection which aims to promote maximum protection of life and property against
crimes (robbery, theft, etc), and other destructive causes.

Guard System – BSP requires that all banking offices be manned by adequate number of security personnel to be determined
by the bank, taking into consideration its size, location, costs and overall bank protection requirement.

Security Devices – Banks are required to have a robbery alarm or other appropriate device for promptly notifying law
enforcement office either directly or through an intermediary of an attempted, ongoing or perpetrated robbery.

In armored Car operations – all armored vehicles are required to be built with bullet resistant materials capable of
withstanding the firepower of high powered firearm (M16, M14). Also equipped with a vault or safe or a partition
wall with a combination lock designed to prevent retrieval of the cargo while in transit.

DOCUMENT AND INFORMATION SECURITY – Security involving the protection of documents and information from loss,
access by unauthorized persons
> prescribes the policies and establishes the standard basic procedures governing the classification and security of official
matter.

GENERAL PRINCIPLES
1. The authority and responsibility for the preparation and classification of classified matter rest exclusively with
the originating office;
2. Classified matter should be classified according to content and not the classification of the file in which they
are held or of another document to which they refer;
3. Classification should be made as soon as possible by placing the appropriate marks on the matter to be
classified;

172
4. Each individual whose duty allows access to classified matter is responsible for the protection of the classified
matter while it is in his/her possession and shall insure that dissemination of such classified matter is on the “need to
know” basis and to “property cleared personnel only”.

DEFINITION OF DOCUMENT

- Any material that contains marks, symbols, or signs, either visible, partially visible or completely invisible that may
be presently or ultimately convey a meaning or message to someone.

CLASSIFY – refers to the act of assigning to information or material one of the four security classification categories
after determination has been made that the information requires the security protection as provided for in the
regulation;

SECURITY CLEARANCE – Is an administrative determination that an individual is eligible from a security standpoint
for access to classified matter of a specific category;

COMPARTMENTATION – Refers to the grant of access to classified matter only to properly cleared persons when
such classified information is required in the performance of their official duties, and restricting it to specific physical
confine when feasible.
NEED TO KNOW – term given to the requirement that the dissemination of classified matters be limited strictly to
those persons whose official duties require knowledge thereof.

SECURITY OF CLASSIFIED MATTER

CLASSIFICATION OF DOCUMENTS
-Memorandum Circular No. 196, dated 07/19/1968 (Security of Classified Matter in government offices.)

1. TOP SECRET – any information and material, the unauthorized disclosure of which would cause exceptionally
grave damage to the nation, politically, economically or militarily;
2. SECRET- any information and material, the unauthorized disclosure of which would endanger national
security, cause serious injury to the interest or prestige of the nation or any governmental activity.
3. CONFIDENTIAL – any information and materials, the unauthorized disclosure of which would be prejudicial
to the interest or prestige of the nation or governmental activity or would cause administrative
embarrassment or unwarranted injury.
4. RESTRICTED – any information and material which requires special protection other than those determined
to be Confidential, Secret, and Top Secret matters.

METHOD OF TRANSMISSION
1. By direct contact of officer or personnel concerned;
2. By official courier;
3. Electrical means in cryptographic form
4. Registered Mail

DESTRUCTION
1. Burning
2. Shredding

STORAGE
shall be in a safe, steel filing cabinet with built in dial type combination lock of such weight, size and construction
as to minimize the possibility of physical theft or damage to fire.

173
 OPERATIONAL SECURITY – part of physical security that deals primarily with the protection of processes, formulas,
patents, and other industrial and manufacturing activities from espionage, infiltration, loss, compromise or
photocopying;

INFORMATION CYCLE
1. The Creation – Information is discovered and develop;
2. Used – Some action is take with the information;
3. Storage and Retrieval – Stored for future use;
4. Transfer – transferring of information from active to inactive use;
5. Disposition – decision may be made to retain the information indefinitely.

KINDS OF SENSITIVE INFORMATION

PROPRIETARY INFORMATION
– information which some special way is related to the status, operations or activities of the possessor over which
the possessor asserts ownership. TRADE SECRETS
- It may consist of any formula, pattern, device or compilation of information which is used in one’s business and which
gives one opportunity to gain an advantage over competitors who do not know or use it.
PATENT
– A grant given by the government to an inventor, conveying and securing to him the exclusive rights to make, use
and sell his invention for term of twenty (20) years.

174
LAW ON INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293] Approved on June 6, 1997

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE

AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE,
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES

THREAT TO PROTECTION OF SENSITIVE INFORMATION

Competitive Intelligence – systematic program for gathering and analyzing information about competitor’s activities
and general business trends to further company’s goals.

Types of Competitive Intelligence

1. White – information available from company publication, public records or commercial reporting sources;
2. Gray – not readily available but which is usually can be obtained without acquiring any civil/criminal liability
in the process.
3. Black – obtained through clearly unethical or illegal means.

TYPES OF DOCUMENTS
Class I – Vital Document – This is an irreplaceable records , reproduction of which does not have the same value as
the original;
Class II – Important Document- This is a record, reproduction of which cause considerable expense and labor, or
considerable delay.
Class III – Useful Document – This is a record, the loss of which may cause inconvenience but could be readily
replaced and may not present insurmountable obstacle to the prompt restoration of the business;
Class IV- Non essential Document – This record may include daily files, routine in nature, lost of which will not affect
the organization.

STORAGE
1. SAFE – a metallic container used for safekeeping of documents or small items in office or installation.
2. VAULT – a heavily constructed fire and burglar resistant container usually part of the building structure use
to keep and protect cash, documents and negotiable instruments.
3. FILE ROOM – a cubicle in a building constructed a little lighter than a vault but of bigger size to
accommodate limited people to work on the records inside,

PERSONNEL SECURITY
- refers to the procedure followed, inquiries conducted, and criteria applied to determine the work suitability of a
particular applicant or the retention of a particular employee.

PURPOSE
1. To ensure that hired employees are best suited to assist the organization in achieving its mission and vision;
2. To assist in providing the necessary security to the employees while they carry out their functions.

PERSONNEL SECURITY INVESTIGATION (PSI)

It is an inquiry into the character, reputation, discretion, integrity, morals, and loyalty of an individual in order to
determine a person’s suitability for appointment or access to classified matter.

TYPES OF PSI
1. National Agency Check
2. Local Agency Check
3. Partial Background Investigation
4. Complete Background Investigation
175
 BACKGROUND INVESTIGATION (BI) – It is an inquiry which aims to verify applicant’s information written at the
applicants form, to ascertain his/her past employment experiences and to obtain other information pertinent to the
decision to employ.

FACTORS TO BE CONSIDERED IN THE CONDUCT OF BI

1. Loyalty – faithful allegiance to the Philippine government and its duly constitutional authorities;
2. Integrity – uprightness in character, soundness of moral principle, freedom from moral delinquencies.
3. Discretion – the ability or tendency to act or to decide with prudence, the habit of wise judgment;
4. Morals – distinctive identifying qualities which serve as an index to the essential or intrinsic nature of a person;
5. Character – the sum of traits that have been impresses by nature, education and habit upon the individual;
6. Reputation – opinion or estimation in which one is generally held. It is what a person is reported to be whereas
character is what a person is.

INVESTIGATIVE COVERAGE
1. Prior Employment;
2. Claimed education;
3. Claimed residence for the period covered in the employment and educational institutes;
4. If the candidate indicates a criminal record, then the details should be checked.

INVESTIGATIVE STANDARDS
1. Information sought should be relevant;
2. Information should be reliable;
3. If unfavorable, the information should be confirmed by at least two sources.

SECURITY SURVEY
- A fact finding probe to determine a plant’s adequacy in all aspects of security, with the corresponding
recommendations.
- Refers to checklist, audits, or inventories of security conditions.
- Security Surveys are often called ‘RISK ANALYSIS SURVEYS’ or ‘RISK ASESSMENT SURVEYS

PURPOSES OF SECURITY SURVEY:

1. To determine the existing state of security;
2. Identifying weaknesses in defense;
3. To determine the degree of protection required;
4. To produce recommendations for a total security systems.

The survey should be undertaken by either suitably trained staff security personnel, or a fully qualified independent security
specialist.
No universal checklist can be applied to all sites for survey purposes, as no two facilities are alike.

BEFORE COMMENCING A SECURITY SURVEY

1. Written authority should be obtained from proper authority.
2. Previous surveys should be reviewed;
3. An orientation tour should be made;
4. Photographs should be taken of things which will be difficult to describe in a report. (Only with authority)

After completing the survey an immediate review of the findings should be undertaken with the plant supervisor so that
urgent deficiencies can be addressed.
> A follow-up survey should always be conducted to ensure improvements
> Any survey report including lists of recommendations is incomplete without including a cost-benefit analysis, which is ;
176
 “ a direct comparison of the cost of operation of the security unit and all the existing security measures with the
amount of the corporate assets saved or recovered as well as reduction of losses caused by injuries and lost
production and recommendations have been made”.

PLANNING
-Process of developing methods or procedures or an arrangement of parts intended to facilitate the accomplishment of
a definite objective.
-The process of setting goals, developing strategies, and outlining tasks and schedules to accomplish the goals.

SECURITY PLANNING
▪ It is PRE-DETERMINING a course of action;
▪ It is deciding IN ADVANCE what to do, how to do it, and who is to do it.

GOALS OF SECURITY PLANNING

1. To minimize effects of any incident upon plant and personnel;
2. To keep property and equipment loss at a minimum;
3. To ensure cooperation of all plant departments charged with specific activities of an emergency;
4. To ensure appropriate cooperative action by and with outside civic and government agencies.

KEY STEPS IN PLANNING

1. Get in touch/coordinate with your Local Civil Authorities. (Tie your programs with theirs and standardize
equipment with them thus creating compatibility.);
2. Visit neighboring Plants/offices (coordinate your activities with theirs.);
3. Survey your plant for possible hazards and take immediate action to lessen or eliminate them;
4. Appoint a disaster Director or Disaster coordinator;
5. Early in the planning stage, present the Program to your Employees and enlist their active support;
6. Call an organization meeting of Heads of services, employee representatives and key personnel. (out line
purpose of the program and explain how the plant should organize for protection;
7. Define the Program.

TESTING THE PLAN

Benefits in testing the plan
>Deficiencies will be uncovered;
>People involved in the implementation of the plan will receive valuable training.

TWO TYPES OF TESTING THE PLAN

> partial (by elements);
> complete (entire organization)

KEEPING THE PLAN UP TO DATE

>Changes in Personnel and Facilities

SECURITY EDUCATION
It is defined as the exposure and teaching of employees on security and its relevance to their work. Security
education is conducted to develop security awareness among employees of the company. It should cover all
employees, regardless of rank or position.

PERSONAL SECURITY
Protection of personnel especially ranking official from any harm, kidnap, and others act. VIP security is type of
personnel security;

POLICE SECURITY PROTECTION GROUP (PSPG) - is mandated by law to provide protective security to government
officials, foreign dignitaries, and private individuals authorized to be given protection and also provide physical

177
 security to vital installations, and assist the Presidential Security Group (PSG) in securing the President and the
members of the First Family.

PROTECTIVE CUSTODY – state or quality of being secured or freed from danger. It may also includes the various
means or device designed to guard a persons and property against a broad range of security hazard.

THREAT – is an indication of something impending and usually undesirable or unpleasant, with an intention to inflict
evil, injury or damage on another, usually as retribution or punishment for something done or left undone. It is an
expression of an intention to inflict loss or harm on another by illegal means, and especially by involving coercion or
duress over the person or his welfare.

THREAT ASSESSMENT – the process of investigation/validating the truthfulness of the existence of threat to an
individual.

EMERGENCY SITUATION – condition or state that danger has already occurred which resulted to loss of life/liberty
and/or there is imminent danger or threat to life and property where delay will endanger or may cause the loss of
life/property.
DEFINITION OF TERMS:
1. Access List – authenticated list of personnel given to the security allowing entry to a compound or installation or part
thereof;
2. Controlled Area – an area near or adjacent to limited or exclusive areas where entry is restricted;
3. Dry-run – practical test or exercise of plans or any activity to test its validity, an operational readiness exercise;
4. Duress Code – type of code system so that security personnel or any employee when forced by armed men intending to
enter an installation can five alarm by the use of certain words in casual conversation with personnel in the installation.
5. Exclusion Area – a restricted area containing materials or operation of security interest;
6. Restricted area – any area access to which is subject to special restriction control;
7. Security Hazard – Is any act or condition, which may result in the compromise of information, loss of life, loss or
destruction of property or disruption of objectives of the installation.

TYPES OF SECURITY
1. Industrial Security – A form of physical security that is concerned with the physical measures designed to
safeguard personnel and prevent unauthorized access to equipment, facilities, materials, documents, and to
protect them from espionage, sabotage, damage or theft.
2. Bank Security – Is the protection resulting from the application of various measures which safeguards cash and
assets which are in storage, in transit and or during transaction.
3. Operational Security – Involves the protection of processes, formulas and patents, industrial and manufacturing
activities from espionage, infiltration, loss, compromise or photocopying.

POLICE PATROL OPERATIONS

WITH POLICE COMMUNICATIONS SYSTEM

ORIGIN OF THE WORD

POLITEIA = Greek word, origin of the word “POLICE”.
= The Romans changed it to POLITIA and the French to POLICE and applied it to those persons who actually
enforce the law.

PATROUILLER = origin of the word “PATROL”, meaning rough by, to travel on foot.

PART I
POLICE PATROL OPERATION

OVERVIEW OF PATROL
178
1. Patrol is the only unit working round the clock.
2. Patrol is the working horse of the Police Department.
3. Patrol is the Backbone of Police Department.
4. Patrol is the Operational Heart of Police Organization in crime prevention.
5. Patrol is the Show Window of Police Department
6. Patrol is the center or focal point of all police activities.
7. Patrol is very vital to police organization because society cannot exist without people who will help maintain law and
order.

BRIEF HISTORY OF PATROL

The history of patrol is as old as organized society. Men have always needed protection, first from animals, and
then his own kind. His first attempt is to protect himself and his family which involves barricading the entrance to his
cave.

UNITED STATES
➢ Boston = in 1636 formed the first Night Watch
➢ New York = after 20 years, formed a Ratelwatch
➢ Philadelphia = 20th century, formed a Watchman, a system of obligated duty for citizens
The American Watchman was called “Leatherheads” because they wore varnished leather hats.
➢ 1833 = Philadelphia instituted the first daytime paid police service.
➢ 1844 = New York organized the First Modern American Police Force based on English Metropolitan Police
System.
➢ Pendleton Act of 1883 = an act that established the Civil Service for federal employees
➢ 1920’s = modern period in patrol began with the use of automobile patrol and voice radio
communications.

PHILIPPINES
➢ Section 2275, Book III, Title IX, Art. XI of the Revised Administrative Code of the Philippines = authorizes a
mayor upon approval of the governor to require all able-bodied male residents between the ages of 18
and 30
year old, to assist for a period of five days in any one month in apprehending outlaws or other law breakers
and act as PATROLS for the protection of municipality, not exceeding one day in each week.
➢ Metropolitan Police Force (MPF) = established as the police force in Manila on January 9, 1901
➢ Gen. Arthur McArthur (Father of Douglas MacArthur) = first District Director of MPF
➢ July 31, 1901 = MPF evolved into Manila Police Department (MPD)
➢ Goldenberg Mansion = initial headquarters of MPD located along Gen. Solano St., San Miguel, Manil a and
then moved to Manila City Hall where it stayed until 1945 and after WWII in United Nations where it
stands today. ➢ 1978 = MPD underwent another transformations with its integration into the Integrated
National Police (INP) ➢ 1986 = MPD further evolved into the Western Police District (WPD) Command.
➢ July 20, 2005 = WPD was renamed Manila Police District pursuant to General Order 05-10
➢ Captain George Curry = first chief of Police of Manila
➢ Col. Antonio C. Torres = first Filipino Police Chief
➢ December 8, 1941 = Col. Torres declared Manila as an open city
➢ Col. Lamberto T. Javalera = first Filipino Chief of Police of Manila, appointed by Pres. Manuel Roxas ➢ 1939
– the Manila Police District introduced the bicycle patrol.
➢ March 17, 1954 – Automobile Patrol was introduced in Metro Manila.
➢ Isaias Alma Jose – first chief of Mobile Patrol of MPD

BASIC POLICE FUNCTIONS

1. Crime Prevention – it includes crime suppression
2. Crime Solution – covers investigation of crimes
3. Traffic Management – covers direction and control, traffic accident investigation

IMPORTANCE OF POLICE PATROL

I. Patrol as the Backbone of Police Organization
179
 Patrol is the single largest element in the police organization. The actions taken by the officers have direct
impact on the citizens.
Patrol provides the “ears and eyes” of the department.

II. Patrol as the Essence of Police Function

Patrol is the only police service that directly attempts to eliminate the desire and opportunity to commit crime.

III. Patrol as the Operational Heart of Police Organization

The patrol force incorporates all objectives inherent in the police organization.

OBJECTIVES OF POLICE PATROL

1. Crime Prevention and Suppression
2. Crime Investigation
a. Preliminary Investigation
3 Purposes
a.1. To determine what, if any, crime has been committed.
a.2. To determine who has jurisdiction.
a.3. To attempt the immediate apprehension of the suspect.

➢ P = Proceed to the scene with safety and dispatch

➢ R = Render assistance to the injured
➢ E = Effect arrest of the perpetrator
➢ L = Locate and identify the perpetrator
➢ I = Interview complainants and witnesses
➢ M = Maintain scene and protect evidence
➢ I = Interrogate suspects
➢ N = Note all conditions, events
➢ A = Arrange for collection of evidence
➢ R = Report incident fully and accurately
➢ Y = Yield Responsibility to investigators
b. Follow-up Investigation
c. Collection of Evidence
d. Crime Reporting

3. Law Enforcement = primary function of the police the greatest responsibility is on patrol officers because of the
nature of their duties.
4. Maintenance of Social Order = fundamental and primary obligation of the police department which includes the
element of “Peace Keeping”.
= considered as the most important function performed by the patrol officers.
5. Police Service = it is one that creates confusion and discord among police authorities in which police officers should
provide public service or social service which is an important part of police patrol.

GENERAL GOAL OF PATROL

➢ “SAFEGUARD THE COMMUNITY”

PATROL FUNCTIONS TO ACHIEVE ITS GOAL

1.Protection of Life and Property
2. Preservation of Peace and Order
3. Prevention of Crime
4. Suppression of Criminal Activities
5. Apprehension of Criminals
6. Enforcement of Laws and Ordinances
7. Regulation of Non-Criminal Conduct
8. Performing Necessary Services and Inspection

180
PURPOSES OF PATROL
1. To prevent the commission of crime.
2. To safeguard life and property.
3. To maintain peace and order.

BASIC DUTIES OF POLICE PATROL

The duties and objectives of police patrol are many, but the basic duties could probably be summed up in two words,
protection, and service.

OBJECTIVES OF POLICE PATROL

1. Preventive Enforcement
Preventive enforcement falls under the heading of protection, and involves the prevention of crime through the noticeable
presence of police vehicles and personnel.
Sir Robert Peel first presented preventive enforcement as a criminological philosophy . And this had been
regarded as the soundest of all criminological theories . “It is much easier to patch a crack in the dike than to repair
the wall after it has broken. An ounce of prevention being worth a pound of cure.”
2. Selective Enforcement
This involves going either where the trouble is, or where the trouble likely to occur.
If a certain area is subject to a high crime rate, the patrol cars spend a greater part of their patrolling time in that area.
3. Traffic Enforcement
Large police departments have traffic divisions, but the majorities of the departments are small, and have only patrol
division to handle traffic enforcement.
Traffic enforcement is strongly dependent upon personal contact between the patrol officers and the violators. The
important thing is that the violator is stopped and the violation is brought to his attention.

4. Emergency Call for Service

One of the duties and purposes of patrol is the handling of emergency calls for service. Since the handling of
emergency calls for service is one of the basic duties of the patrol officer, he should be trained in first aid and water
life-saving emergencies.
5. Routine Call for Service
Routine call account for the majority of services provided by the patrol division. Because of this, officers have
to guard against becoming callused and indifferent to calls of this nature.

CLASSESS OF PATROL ACTIVITIES

1. Called for Service = incidents requiring immediate police action
2. Inspectional Service = patrol activity tends to reduce criminal opportunity and accidents
3. Routine Patrol = directed at less tangible hazards such as poor lighted areas, business section, etc…

FACTORS THAT DETERMINE PATROL DEPLOYMENT

1. Resident and transient populations in the business and tourist district, and University belt
2. Number and types of crimes and arrests
3. Location of crimes and arrests
4. Traffic collision statistics and patterns
5. Location of frequent incidents or hazard requiring concentrated police coverage
6. Disproportionate concentration of population
7. Socio-economic factors
8. Zoning plan of the city
9. Size and shape of Area of Responsibility (AOR)
10. Location, size and access to parks and recreational facilities
11. Age, gender and civil status ratio of population
12. Homogeneity of population
13. Modes of transportation and location of criminals
14. Number and qualification of officers available for field duties

181
 15. Level of trust and confidence of the people to the police

POLICE PERSONNEL DISTRIBUTION

Patrol force – an organization within an organization. It serves as the nucleus or focal point of the department.
Functions are distributed as follows:
1. Patrol Function = 50%
2. Criminal Investigation = 15%
3. Traffic Functions = 10%
4. Vice and Juvenile Related Functions = 10%
5. Administrative Functions = 10%
6. Auxiliary Functions = 5%

Manning Level of Patrol Force

The patrol unit must have the most number of personnel.
Rule of the Thumb – regarding manning level of any police department must be observed.
R.A. 6975 – standard manning level is 1:500, however, in extreme conditions, this may be stretched to maximum of
1:100.

FACTORS AFFECTING EFFICIENT AND EFFECTIVE

DISTRIBUTION OF PATROL FORCES
1. Police Hazard = situations or conditions that may induce incidents calling for some kind of police action.
= includes any person, place, thing, situation, condition possessing a high potential for criminal attack or for
creation of any other type of problem necessitating a demand for immediate police service.

KINDS OF POLICE HAZARDS

a. Persons = such as criminals, alcoholics, addicts, gamblers, prostitutes, drug peddlers, juvenile delinquents,
insane persons
b. Property = includes piers, warehouse, unoccupied dwellings, gambling joints, banks, pawnshops, drug dens,
gambling dens
c. Places = terminals, demonstrations, parks, bars, parades, conventions, political meetings, lodging houses,
schools, athletic events

FACTORS THAT CREATE HAZARDS

a. Deficient Visibility = resulting from inadequate illumination or obstruction of views
b. Insecurity of Premises = created by the absence of suitable locks, bars and gratings
c. Presence of Conditions of Things = poorly designed roadways, defects or obstruction in public spaces and
presence of combustibles

d. Presence of People = crowd offers opportunities for theft, loss of persons or things, fights and panics e.
Lack of regulation

2. Chronological Distribution = involves consideration of the nature and causes of crimes. Patrol officers should know
how crimes are committed, when and who commits them.

Crime Clock = signifies what time crime is often or frequently committed

Crime Map = location or place or crime prone areas wherein crime is frequently or often committed.

3. Geographical Distribution = involves weighing categories of incidents and accounting the number of identifiable
hazards and street mileage.
4. Walking Beats = it involved determining man hours needed to cover the streets and alleys to inspect the police
hazards predominating the AOR.
5. Motor Patrol Distribution = involves determining the need to shift motor patrol units hour-by-hour at the area
according to where and when crime mostly likely to occur.

182
POST ASSIGNMENT
1. Regular Post = assigning members to regular/usual post which usually based on seniority.
2. Post Rotation = is the process of assigning members of patrol force from post to post

PREPARATIONS FOR PATROL OPERATIONS

1. General Preparation = attitude is the first and foremost preparation of patrol officer since he will be dealing
with different persons in the society. His value system must be in harmony with the objective of law enforcement and
sense of fair play.
2. Pre-Patrol Preparation – the police officer should be armed with knowledge and equipment. This can be done thru
fall-in formation in the headquarters, precincts or police blocks devoted to giving of assignments.
3. Vehicle Inspection – involves inspection of patrol vehicle to be used before going out on patrol
4. In-Field Preparation – this is made by having debriefing conference with the officer who is being relieved and
who has just spent the previous tour of duty.
5. District Orientation Tour – this involves familiarization of assigned area for patrolling upon arrival in the field.

STREET KNOWLEDGE
This refers to thorough geographical knowledge of the patrol area or an understanding of the character, fears, concerns,
problems and attitudes of the local residents

TERRITORIAL UNITS IN PATROL

1. Post – a fixed point or location to which an officer is assigned for duty
2. Route – a length of street or streets designated for patrol purposes
3. Beat – area assigned for foot patrol purposes
4. Sector – area containing two or more beats, routes or posts

TYPES OF PATROL
1. Foot Patrol – it is the most expensive type of patrol in terms of human resources and most departments had
reduced their foot patrols to a minimum because of this. However, it does have certain advantages that warrant its
continued use if even on a limited basis.
Usually, foot patrol is used to secure two types of geographical units:
a. Post
b. Beat

Types of Foot Patrol

1. Fixed Foot Patrol – usually used for traffic, surveillance, parades and special events.
2. Mobile Foot Patrol – used where there is considerable foot movement such as business and shopping center,
family dwellings and the like.
a. Line Beat Patrol – used in securing certain portion of the road.
b. Random Foot Patrol – used in checking residential buildings, business establishments, dark alley, parking lots

Foot Patrol Procedures and Techniques

1. Don’t establish a set of patterns of patrol.
2. When checking doors for forced entry, use flashlight on or around the lock to see if there are noticeable
jimmy marks.
3. When an open door is found, NEVER ENTER ALONE.
4. At least once a night use the fire escapes to check the roof in the downtown area for possible ‘cut through”
burglaries as they are sometimes referred to.
5. Be alert for boxes that are being pilled up behind building, or ropes that are hanging down the sides of
building, or ladders that might have been used to gain access to a roof.
6. At nighttime, the foot patrol officer should occasionally step into alleys or store entrance, and get out of
the light as much as possible.

183
 7. When patrolling at night, always approach each building with caution , always assume that a felon may be
lurking inside.
8. Know the personalities in the area, particularly wanted person, establishments which usually fall prey to
armed robbery and burglary.
9. Walk close to the curb during day time and close to the building during night time . The objective of
patrolling during night time is to be see by as few people as possible and to catch the criminals in the act .
10. Foot patrol must walk his best during all type of weather.
11. A foot patrol officer should never smoke while in uniform on the street, nor should chew gum.
12. The foot patrol officer should make a conscious effort to make friends on the beat.
13. Use all five senses while walking the beat.

Advantages of the Foot Patrol

1. The foot patrolman can provide immediate traffic control when it is needed.
2. More person-to-person contact can be made with the public.
3. The officer can actually get to know the physical layout of his beat better.
4. He can also get to know the people in his beat better, and can develop criminal informants easier.
5. A foot officer can sneak up on situation, where a patrol car is easily noticed when it approaches.
6. By the use of a two-way radio, the officer can maintain communications with the department and the mobile
unit.

Disadvantages of Foot Patrol

1. Low mobility resulting to limited coverage
2. Low response time to telephone complaints
3. It involves large numbers of personnel.

2. Automobile Patrol – is the most economical type of patrol and offers tactical ability when used in numbers. It is
considered as the most extensively used and most effective means of transportation for police patrol.

Features of State-of-the-Art Patrol Car

1. Vehicle-Mounted TV – high resolution video camera with wide angle lens
2. Mobile Data Terminal (MDT) – computer that allow officers in patrol cars to access files from NHQ and other
Law Enforcement agencies
3. High-Intensity Emergency Lighting Plan (HELP) – a heavy duty light that can provide 2 million candle power
of light.

Automobile Patrol Techniques and Procedures

1. Check the police car thoroughly before leaving the garage.
2. Do not establish route patterns in patrolling.
3. Do not develop the habit of using the main roads, most criminal activity occurs at the back streets.
4. Do not spent too much time in drive-inns or coffee spots.
5. Always take note the plate number of suspicious vehicles.
6. Avoid driving too fast on general patrol except during emergencies in pursuing criminals. Maintain a cruising
speed of 20-25kph.
7. Make it a habit to never leave the keys in the police car, even if it is just for a minute.
8. Since we are creators of habits, a police officer must make a habit to use the seat belt at all times.
9. Frequently get out of the car to be visible and accessible to the public.
10. Minimize hiding behind hills, curves or signboard to trap traffic violators, this may erode community
confidence 11. Park the patrol car in legal manner unless, in case of emergency.
12. Patrol the district so that patrol car will be seen by the greatest number of people, frequently turning the corners
and covering the side streets as well as the main thoroughfares.
13. Whatever patrol pattern is used, do it in irregular and unpredictable manner.
14. When conducting solo patrol, frequent contact should be made with other units in the field. 15. When patrolling
with a partner, divide the observation area inside the vehicle
a. Driving Officer – must cover 100% of his vision in front.
184
b. Passenger Officer – cover a field of view twice more than the driving officer. Take into consideration the safe
operation of patrol vehicle.
c. Driver and passenger officer must be alert for possible informants

CALLS ENCOUNTERED BY AUTOMOBILE PATROL

1. Routine Call – a call where mobile car is required to observed the traffic laws and does not normally used
flashing lights and siren while on its way to the scene of the crime
2. Urgent Call – the responding patrol car has to observed the traffic laws without need of using flashing lights and
siren but proceed directly to its destination without stopping enroute unless incident of far more serious occurs 3.
Emergency Call – requires the use of flashing lights and siren except when there is an attempt to surprise the criminals
in the act.

Advantages of the Automobile Patrol

1. Where speed and mobility are needed such as in a large area that must be covered by few officers, the
speed of the automobile allow them to service the whole area and do so efficiently.
2. It is one of the best means of Preventive Enforcement.
3. It offers the officer protection.
4. It permits the officer to carry extra equipment.
5. The patrol car allows the police officer to have a partner when needed, and to transport one or several
prisoners.
6. In the case of station wagons, which are becoming popular as patrol vehicles, they can be used to carry
police dogs on patrol and emergency ambulance during disaster.
7. Patrol cars can be used as barricades in roadblocks, and they offer a high degree of safety during highspeed
pursuits.

Disadvantages of Automobile Patrol

1. It diminishes personal contact with the public and sources of information
2. It hampers apprehension and surveillance operations

One Man Versus the Two Man Automobile Patrol

One Man Patrol Car
1. Having twice as many police cars on the street doubles the preventive enforcement.
2. When the officer is alone he devotes full attention to his driving and the beat rather than to the
conversation with his partner.
3. A one man alone developed self-reliance.
4. Personality clashes are reduced. Two Man Patrol Car
1. A two-man patrol car provides the officer with a greater safety factor by doubling the firepower and the
physical protection.
2. The mistakes that one-man make may be caught by his partner, and vice versa.
3. One officer does not have to drive a full eight hours, and he is therefore more rested and can do a better
job.
4. Two pair of eyes is better than one.
5. One man can operate the radio while the other drives.
6. On the quiet night, the driver can have someone to talk to and help keep him awake.

3. Motorcycle Patrol – the two-wheeled motorcycle is quite adaptable to traffic enforcement, parades, escort duty
and congested areas because of its high mobility. Motorcycle Patrol is usually fielded in areas where banks and
pawnshops are concentrated.
It has the disadvantages of being used only in fair weather, of causing a greater number of accidents which are
usually quite serious, and in the long run costing the department almost as much as a patrol vehicle despite the
apparent low first cost.

185
4. Bicycle Patrol – it is considered as the simple and inexpensive means of silent transportation in patrol operation.
Its versatility makes it indispensable for covering crowded areas unreachable by automobile and motorcycle.

Advantages of Bicycle Patrol

1. It has the combine advantage of mobility and stealth
2. Inexpensive to operate
3. It can cover areas not accessible by motorcycle or patrol cars.
4. Effectively used by plainclothes officers on surveillance.
5. It is quiet in patrolling without alerting the criminal, thus the element of surprise is attained.
6. Found effective in combating theft, burglary, vandalism in residential areas, parks and shopping malls which
difficult to be covered by foot patrol.
7. Expedite the delivery of police assistance in congested areas.
8. Biking is a good form of exercise to maintain fine physique and good health.

Disadvantages of Bicycle Patrol

1. Transport of apprehended criminals is difficult.
2. There is limited chances of bringing equipment needed by patrol officers in patrolling.

5. Horse Patrol – Next to walking patrol, the horse patrol is one of the oldest types of patrol. It is useful in
areas wherein automobile or motorcycle is suitable for patrolling.
The following are some of the more common uses of the Horse patrol:
a. Park Patrol
b. Beach Patrol
c. Parade and Crowd Control

- Mounted officers can see three blocks away than on foot patrol

6. Marine or Boat Patrol – this is specialized type of patrol which is used in large bodies of water for the
purpose of controlling smuggling.
The recorded history of our earliest civilization indicates the use of tariffs. Where there are tariffs there is
smuggling, and the control of smuggling in any community near water necessitates the use of water patrol.

7. Air Patrol – a type of patrol using Helicopter or Fixed-Wing Aircraft. This is considered as the most
economical type of patrol in terms of human resources.
1925 – Los Angeles County Sheriff Department formed a volunteer Reserved Aero Squadron
Before 1929 – NYPD began using aircraft
1947 – New York Port Authority began using helicopters for surveillance, transportation and rescue 1986
– State of California developed an experimental program using helicopters for police patrolling 1959 –
Public Safety Department in Dade County in Florida used aerial patrol concept.

Advantages of Fixed-Air Wing Aircraft Patrol

1. Patrolling of long stretches of highway of inaccessible land.
2. Excellent of traffic control in long stretches of highways, for search and surveillance and other special missions.

Disadvantages of Fixed-Air Wing Aircraft Patrol

1. It has very little flexibility in congested areas.
2. Needs wide span of flat land for lift and landing.
3. Very expensive to procure and maintain.

Advantages of Helicopter Patrol

1. Improves response time to emergency calls foe service.
2. Increase apprehension of offenders.
186
 3. Increase prevention of crime.
4. Improved efficiency of regular patrol units through air borne information.
5. Increase ability in conducting roof searches for suspected felons.
6. Easier location of both lost and escaped persons.
7. More efficient rescue operations and emergency ambulance service.
8. A better system of floodlighting areas at night.
9. Information can be broadcast to large areas through airborne loudspeakers.
10. Able to travel at low speed, to hover if necessary, and to land in small patch of flat land.
11. Added security to patrol officers through “backup” offered by aerial patrol.
12.Possible use in fire fighting.

Disadvantages of helicopter Patrol

1. Bad weather will ground the helicopter.
2. Smog and light or intermittent clouds might affect vision.
3. This type of service requires special skills and training.
4. There is a danger from high wire, trees, and similar object.
5. There can be difficulty of landing in urban areas.
7. Special facilities are required for housing and repairs.
8. Refueling problems.

8. Plain Clothes Patrol – this is particularly effective for “saturation drive coverage” of high crime areas. This allows
police officers to infiltrate the crime areas without alarming the criminals following the element of surprise.

9. Canine (K-9) Patrol or Dog Patrol – dog was first used by Egyptians in patrolling.
“A single K-9 team can complete building searches seven times faster than four officers working together.”
“Dog team can find hidden suspects 93 percent of the time, while human officers can only find hidden suspects
53 percent.”
“Dog is capable of recognizing an odor 10 million times better than a human.”

BREEDS OF DOGS BEST SUITED FOR POLICE WORK

1. German Shepherd – high scoring dog, most frequently used for police work.
2. Black Labrador Retrievers
3. Giant Schnauzers
4. Rootweilers
5. Doberman Pinschers
6. Bouvers
7. Newfoundlands
8. Airedale Terriers
9. Alaskan Malamutes

Bloodhounds – is a large dog formerly used for tracking. It has sagging jaw, dropping ears and keen sense of smell.

Wireless Operational Link and Video Exploration System (WOLVES) – it is the system of attaching miniature camera and
transmitter to a search dog which makes the dog the eyes and ears of his handler.

10. Television Patrol – it is basically used for traffic control which originates in West Germany.
Television cameras are mounted in a weatherproof housing. They were equipped with Zoom lenses and were
remotely controlled by the operator at the control board who can adjust each camera to a panoramic view of 270
degrees. It makes possible to pick up the license of fleeing automobiles.

The Traditional Foot Patrol Pattern

1. Clockwise Patrol Pattern

187
 The officer walk from one beat to another making sure that he stays on the left side and at the center or
middle portion of any street between adjoining beats. For every beat, the officer calls the station until the
clockwise patter is completed. Ideal for rectangular of square beat. Usually conducted during the first hour of
duty.

2. Counter-clockwise Patrol Pattern

The reverse of clockwise pattern with the same characteristic of an area to be patrolled. Usually done during the last
hour of the tour of duty to ensure that nothing unusual happened in the AOR.

3. Zigzag or Free Wheeling Pattern

Done by patrolling the streets within the perimeter of the beat not at random but with definite target location where
he knows his presence is necessary.
It starts at one corner of the patrol area and work your way diagonally across it to the opposite corner

4. Straightway and Criss-cross Patrol Pattern It is considered as Hazard Oriented Patrol.

In straightway pattern, it involves patrolling the length of the street, therefore, movement of officer is easy to
observe. On the other hand, criss-cross is almost similar with zigzag.
“In any patrol pattern, the relieving patrol officer shall make his first hourly call before starting his patrol duty.”

5. Cloverleaf (Cloverleaf Pattern) – a highway intersection designed to route traffic without interference, by means of a
system of curving ramps from one level to another, in the form of a 4-leaf clover

PATROL TACTICS AND STRATEGIES I.

The Psychology Of Omnipresence
Psychology of omnipresence as an initial police strategy is to establish the aura of police presence in the
community through uniformed foot patrol and mobile (marked and equipped) patrol cars.
Patrol officer cannot detect the thinking or desire of the criminal, yet he can destroy the opportunity to commit
a crime by his presence, thus, it best for crime prevention.

Strategic Objectives:
a. High visibility police presence
b. Feeling of security for law abiding
c. Feeling of fear for would be criminal
d. Feeling of confidence for the public that police are constantly available

II. Proactive and Reactive Patrol

1. Proactive Patrol – it is the deployment of patrol officers in their area with prescribe objectives and verifiable
task for the day.
- More economical alternative patrol system, it addresses crime at its very root before it can be developed into
felonious act.
2. Reactive Patrol – it involves going around the area of responsibility waiting for something to happen and to
react accordingly if something does happen

III. Crime Prevention and Crime Suppression

1. Crime Prevention – it involves recognition of crime risk and initiation of positive action to remove or reduce
risk
- its objective is to eliminate or reduce the desire to commit crime
2. Crime Suppression – is the actual prevention of the commission of crime

IV. High and Low Visibility

Police Visibility – not just presence of patrol officer but actual presence which involves: 1) Physical Presence
2) Patrolling Scheme 3) Response Time – is the running time of the dispatched patrol car from his position
where the assignment was received and the arrival at the scene ( the ideal time is 5minutes)

188
 *Critical Time – it is the time between the call of concerned individual to the police regarding crime incident and the
arrival at the scene of patrol officer.

1. High Visibility – it is accomplished by deploying uniformed patrol officers and marked patrol cars in the AOR
with the objective of increasing the “aura of police omnipresence”.

2. Low Visibility – a strategy wherein patrol officers are in civilian clothes or in unmarked patrol cars with the
primary purpose of increasing the apprehension of criminal engage in street crime s and deterrence of
criminal
activity as a result of greater probability of apprehension .

V. Directed, Interactive and Aggressive Patrol

1. Directed Patrol Strategy – patrol activities designed by patrol officers are based on analysis of specific
community problems. The emphasis is on participative decision making and sophisticated methods of crime analysis.
2. Interactive Patrol Strategy – the emphasis in on police-citizen interaction wherein the community input is
sought in resolving patrol problems
3. Aggressive Patrol Strategy – the emphasis is on positive, target oriented activities which includes physical
security inspection. This is effective if the information regarding identifiable crime trends is based on crime analysis.

VI. Stop and Frisk

It involves stopping of person on the street whose behavior is suspicious, questioning them and frisking them
for concealed weapons. This heightens the effect of high visibility.

VII. Street Interview/Interrogation

It is an aspect of stop and frisk strategy where individuals of doubtful character are being questioned.

VIII. Decoy
Decoy means trap, bait or induce. This strategy involves disguise or deception which is specifically used in
high crimes areas by highly trained specialist rather that regular patrol officer.

BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS

All police intervention operations (arrest, raid, search and seizure, checkpoint, demolition, civil disturbance
management) shall be conducted:
a. with a marked police vehicle;
b. preferably led by a Police Commissioned Officer (PCO); and
c. with personnel in prescribed police uniform.

WARNING BY USE OF MEGAPHONES

During actual police intervention operations, the TL shall use peaceful means including the use of megaphones or any
other similar instruments to influence/warn the offenders/suspects to stop and/or peacefully give up.

WARNING SHOTS
The police shall not use warning shots during police interventions .

USE OF FORCE
Issuance of Warning
The police officer must first issue a warning before he could use force against an offender. The warning is issued
for the police officer to identify himself and to give opportunity to the offender to surrender.
The duty to issue a warning is however not absolute. The directive to issue a warning is necessary only in
situations where several options are still available to the police officer but in cases where the threat to the life of a
police officer is already imminent, and there is no other option but to use force to subdue the offender, the law
enforcer’s failure to issue a warning is excusable.

Reasonable Force

189
 During an armed confrontation, only such necessary and reasonable force should be applied as would be
sufficient to overcome resistance put up by the offender ; subdue the clear and imminent danger posed by him; or
to justify the force/act under the principles of self defense, defense of relative, or defense of stranger. The Officer-
inCharge of the operation shall, at all times, exercise control over his men in the area, and shall exhaust all possible
means so that no innocent civilian is caught in the crossfire.
The reasonableness of the force employed will depend upon the number of aggressor, nature and characteristic
of the weapon used, physical condition, size and other circumstances to include the place and occasion of the
assault. A police officer, however, is not required to afford a person attacking him the opportunity for a fair or equal
struggle. His duty requires him to overcome his opponent. In the lawful performance of his duty, the police officer
must stand his ground to accomplish his mandated task of enforcing the law and maintenance of peace and order.
Use of Weapon
The excessive use of force is prohibited. The use of weapon is justified if the suspect poses imminent danger
of causing death or injury to the police officer or other persons.
The use of weapon is also justified under the Doctrines of Self-Defense, Defense of Relative, and Defense of
Stranger. However, one who resorts to self-defense must face a real threat on his life, and the peril sought to be
avoided must be actual, imminent and real.
Moreover, unlawful aggression should be present for self-defense to be considered as justifying circumstance .

Unlawful Aggression – refers to an attack amounting to actual or eminent threat to the life, limb, or right of the person
claiming self-defense.

Necessary and Legal means – as used in the definition shall include, but not limited to, the employment of
appropriate number of troops, armor assets and tactical or special units to effectively and permanently quell the
threat or present danger, or to swiftly restrain or arrest the suspect or suspects.

Imminent Danger –the danger is “imminent” if it is on the point of happening . It is not required that the attack
already begins, for it may be too late. (The Revised Penal Code, Book I, JBL Reyes). The elements of imminent
danger are the following:
1. Intent of the suspect to harm the policeman;
2. The capability of the suspect to harm the policeman or other persons; and,
3. Accessibility or the proximity of the suspect in harming the policeman and other persons.

Reportorial Requirements
Any police officer who used his firearm against a suspect must submit an after-encounter report outlining the
circumstances necessitating the use of weapon against the suspect.

MOVING VEHICLES
A moving vehicle shall not be fired upon except when its occupants pose imminent danger of causing death or
injury to the police officer or any other person, and that the use of firearm does not create a danger to the public
and outweighs the likely benefits of its non-use.
In firing upon a moving vehicle, the following parameters should be considered:
a. the intent of the fleeing suspect/s to harm the police officer or other persons;
b. the capability of the fleeing suspect/s to harm in certainty the police officer or other persons; and
c. accessibility or the proximity of the fleeing suspect/s with the police officer and other persons.

THINGS TO BE DONE AFTER AN ARMED CONFRONTATION

Immediately after an armed confrontation, the Officer-in-Charge shall:
a. Secure the site of confrontation;
b. Take photographs;
c. Check whether the situation still poses imminent danger;
d. Evacuate the wounded to the nearest hospital;
e. Ensure that all persons who died on the spot are not moved from their original position. Arrested
suspects, on the other hand, should be kept in isolation;
f. Conduct debriefing on all involved PNP operatives; and
g. Submit After-Operations Report.

190
 Spot Check/Accosting
It is the brief stopping of an individual, whether on foot or in a vehicle, based on reasonable suspicion/probable
cause, for the purpose of determining the individual’s identity and resolving the officer’s suspicion concerning
criminal
activity.

Reasonable Suspicion – acts that, within totality of the circumstances, lead an officer to reasonably suspect, or to
have probable cause to believe, that criminal activity has been, is being, or is about to be committed.

Grounds for Spot Check

a. The appearance or demeanor of the individual suggests that he is part of a criminal enterprise or is engaged
in a criminal act;
b. The actions of the individual suggest that he is engaged in a criminal activity;
c. Questionable presence of the individual in the area;
d. The subject is carrying a suspicious object;
e. The suspect’s clothing bulges in a manner that suggests he is carrying a weapon;
f. The suspect has been found in the time and place proximate to an alleged crime;
g. The police officer has knowledge of the suspect’s prior criminal record or involvement in criminal activity; and
h. The individual flees at the sight of a police officer.

PROCEDURES FOR SPOT CHECK / ACCOSTING

a. When approaching the individual, the police officer shall clearly identify himself as a police officer . If not in
uniform, by announcing his identity and displaying official identification card and/or badge .
b. Police officers shall be courteous at all times but maintain caution and vigilance for suspicious
movements like tending to retrieve weapon, conceal or discard contraband, or other similar actions.
c. Before approaching more than one individual, police officers should determine whether the circumstances
warrant a request for back-up and whether the spot check/ accosting can and should be delayed until such
backup arrives.
d. Police officers shall confine their questions as to suspect’s identity, place of residence, and other inquiries
necessary to resolve the police officer’s suspicion . However, in no instance shall a police officer hold a suspect
longer than the period reasonably necessary to be able to make these limited inquiries and to resolve suspicions.
e. Police officers are not required to give the suspect Miranda Warning unless the person is placed under
arrest.

Pat-down Search
It is a “frisk” or external feeling of the outer garments of an individual for weapons only.

GROUNDS FOR BODY FRISK/PAT DOWN

a. The type of crime believed to be committed by the subject – particularly crimes of violence where the threat of
use or use of deadly weapon is involved ;
b. Where the police officer handles several suspects;
c. The time of the day and the location where the pat-down search took place;
d. Prior knowledge by the police officer of the suspect’s use of force and/or propensity to carry deadly weapons; e.
The appearance and demeanor of the suspect;
f. Visual indications suggesting that the suspect is carrying a firearm or other deadly weapon ; and
g. Whenever possible, pat-down searches should be performed by police officers of the same gender.

PROCEDURES OF PAT DOWN SEARCH

a. Whenever possible, pat-down searches should be conducted by at least two (2) police officers , one to
perform the search while the other provides protective cover .
b. Because pat-down searches are cursory in nature, they should be performed with the suspect in a standing
position, or with hands placed against a stationary object, and feet spread apart. However, should an
191
 officer visually observe a weapon, a more secure search position may be used like the prone (lying face
down)
position.
c. In a pat-down search, officers are permitted only to feel the outer clothing of the suspect. Police officers
may not place their hands inside the pockets of the subject’s clothing unless they feel an object that could
probably be a weapon, such as a gun, knife, club, or the likes .
d. If the suspect is carrying an object such as handbag, suitcase, briefcase, sack, or other similar items that
may conceal a weapon, the police officer should not open the item but instead put it in a place out of the
suspect’s reach.
e. If the external patting of the suspect’s clothing fails to disclose evidence of a weapon , no further search
may be made. If a weapon is found and the possession of which amounts to a violation of the law , the
police officer
shall arrest the suspect and conduct a complete search.

Reporting after the Spot Check/Accosting or Pat-Down Search

If after conducting a spot check/accosting or pat-down search, the police officer has no basis for making an
arrest, he should record the facts of such spot check/accosting or pat-down search and forward a report to the
appropriate authority.
If the spot check/accosting or pat-down search gives a justification for a valid warrantless arrest, then an
arrest shall be made.

Police Checkpoint
It is a location where the search, which is duly authorized by the PNP, is conducted to deter/prevent the
commission of crimes, enforce the law, and for other legitimate purposes.

Composition
a. Team Leader (TL) - shall lead and take responsibility in the conduct of checkpoint preferably an officer with the rank
of at least Police Inspector;
b. Spotter - PNP personnel who will point/profile suspected vehicle subject for checkpoint;
c. Spokesperson - TL or member who is solely in charge of communicating with the motorists subject for checkpoint;
d. Investigation Sub-team - in charge of investigation and documentation of possible incidents in the checkpoint to
include issuance of Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR);
e. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest, if necessary;
f. Security Sub-Team - tasked to provide security in the checkpoint area; and
g. Blocking/Pursuing Sub-Team - team tasked to block/pursue fleeing suspects/vehicle.

Guidelines
a. Mobile checkpoints are authorized only when established in conjunction with ongoing police operation s.
Only officially marked vehicles shall be used in establishing mobile checkpoints.
b. Checkpoints may be established when there is a need to arrest a criminal or fugitive from justice .
c. The composition of the personnel manning the checkpoint shall be left to the sound discretion of the PNP unit
commander.
d. Encourage the participation of, but not limited to, the Local Government Units (LGUs), Civil Society Groups,
Non- Governmental Organizations (NGOs), business organizations, other civic groups, media and other
stakeholders during the conduct of Police Checkpoint.
e. The participation of the civilians and the presence of the media in the conduct of checkpoint must be
confined only as observers to give police additional eyes and promote transparency of activities in the area.
f. All civic groups or organizations to include the media, who are inclined to participate in police checkpoints,
must be duly registered and accredited by the PNP for such purpose . The accreditation of the civilian
groups to join in the conduct of checkpoint shall be administered by the Police Regional and Provincial
Offices.
g. PNP personnel manning the checkpoint must have a presentable appearance, wearing the prescribed PNP
uniform. Likewise, the civilian members must also be in their organization’s uniform with their names
conspicuously displayed for identification. In no case shall the civilian components be allowed to bear firearms
during the checkpoint.
192
 h. In Metro Manila and other major cities, police officers manning the checkpoints should not wear Field Service
Uniforms (FSU) or black fatigues in lieu of the PNP General Office Attire unless the conduct of checkpoint
is a result of a Hot Pursuit Operation or a High Risk Checkpoint . The use of mixed uniforms (GOA, FSU,
black fatigue) in the conduct of checkpoint is strictly prohibited.
i. As much as possible, the area where the checkpoints shall be established must be properly lighted, with a
noticeable signage bearing the name of the PNP unit and the participating organization/s visibly
displayed in the checkpoint site, to prevent any apprehension from the public of the existence of the same.
j. Due courtesy must be accorded to the motorists, traders and the commuters during the conduct of
checkpoint.
k. The spokesperson must greet the people subject for inspection, ask apology for the inconvenience, appeal for
understanding and state the reasons of the operation. Thank the person/s searched.
l. Except in the actual commission of crime during checkpoints or in a hot pursuit operation, the conduct of
inspection of vehicle during a routine checkpoint is limited to a visual search and therefore must be done
with due respect to innocent passersby, commuters, or bystanders and be conducted in a manner that is least
inconvenient to the public. Searches, seizures, and arrest made during checkpoints shall be within the ambit
of the law.
m. Violations/Infractions of the law discovered during the checkpoint operation shall be expeditiously disposed of
following legal procedures. Arrested persons must be apprised of their rights in reference to the Miranda
Doctrine.
n. The security of the PNP personnel, and most especially that of the civilians participating in the checkpoint
operation, must be given due consideration in the planning stage of the operation.
o. Only the security sub-team and blocking/pursuing sub-team members are allowed to display high-
powered firearms and are positioned where they can best provide security to the Checkpoint team including
themselves.
p. Checkpoint personnel must not limit their task in law enforcement and crime deterrence. They should also be
ready to provide police assistance in the vicinity e.g., giving directions to inquiring motorists or passersby.
q. The PNP operating units must provide their own logistical and financial requirements to avoid soliciting
support from the civilians for their personal or operational needs.
r. Police personnel assigned in the checkpoint shall not mulct, extort, or harass drivers, passengers, and traders.
Designated TL assigned at the checkpoint shall be responsible for the actuations and behavior of his
personnel and shall be accountable under the doctrine of Command Responsibility.
s. Voluntary offers of cash or in kind from the traders/motorists passing the checkpoint should be absolutely
refused because the offer might be misconstrued as a bribe.
t. The police and the civilian component must separately submit their After Checkpoint Operation Report to
their respective units or organization for proper evaluation of the efficacy of the operation.

Procedure in the Conduct of Regular Police Checkpoint

a. Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations Center (TOC) and coordinate
with adjacent units, such as Public Safety Management Forces and other friendly forces, personally or through
an official representative, before commencing with the checkpoint to avoid misencounter and any untoward
incident;
b. The TL shall brief the PNP personnel, as well as the civilian components present, including the media regarding the
proper conduct of the checkpoint and their assigned tasks prior to their deployment;
c. The TL shall initially account for the PNP personnel and check if they are in the prescribed uniform. PNP personnel
conducting the checkpoint shall display their nameplates at all times. If wearing a jacket, the flap of
the jacket bearing their names should also be displayed. Likewise, the equipment will include, but not limited
to, the following:
1) Marked Patrol vehicles;
2) Firearms with basic load of ammunition;
3) Handheld and vehicle base radios;
4) Flashlights;
5) Megaphone; and
6) Signage
d. The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected vehicles prior to
their approach to the checkpoint;
193
 e. Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizure and arrest if necessary;
f. Arrested persons and seized items shall be turned-over to the investigation sub-team for documentation and proper
disposition;
g. In the event that the checkpoint is ignored, and the occupants of the vehicle open fire on the personnel manning the
checkpoint, reasonable force to overcome the suspects’ aggression may be employed;
h. Inform Higher Headquarters before terminating the conduct of Checkpoint;
i. The TL shall conduct debriefing of personnel after termination of the Checkpoint; and
j. Unit Commander shall submit After Activity Report to Higher Headquarters.

Hasty Checkpoint
It is an immediate response to block the escape of lawless elements from a crime scene , and is also
established when nearby checkpoints are ignored or during hot pursuit operations . It is set up by police
personnel conducting mobile patrol on board a marked police vehicle, or those conducting ISO and foot patrol
operations within the vicinity/periphery of the national or provincial highways.

Hot Pursuit (Cross Jurisdictional Pursuit) - (also termed in the US as fresh pursuit) shall mean an immediate, recent
chase or follow-up without material interval for the purpose of taking into custody any person wanted by virtue of a
warrant, or one suspected to have committed a recent offense while fleeing from one police jurisdictional boundary to
another that will normally require prior official inter-unit coordination but which the pursuing unit cannot, at that
moment, comply due to the urgency of the situation.

Procedures in the Conduct of Hasty Checkpoints

a. PNP personnel conducting mobile patrols on board patrol vehicles will initially man the checkpoint , to be
complemented by additional personnel upon arrival of reinforcement. A collapsible signage with markings: “Stop,
Police Checkpoint”, indicating also the name of the concerned police office/unit conducting the operations, will be
used for the purpose;
b. In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol, where a vehicle and
collapsible signage is not readily available, the checkpoint shall be manned initially by said personnel ;
c. The team shall immediately inform Higher Headquarters of the exact location of the Hasty Checkpoint to include
personnel involved and available equipment;
d. In a hasty checkpoint, where there is a possibility of high risk stop and high risk arrest , and that there is an
urgency for troop deployment and that public safety might be at risk, the participation of the civilian component
and the presence of the media in the checkpoint operation shall not be allowed ;
e. The Unit Commander of the personnel manning the hasty checkpoint shall immediately send additional personnel,
equipment and signage to the area in order to convert the Hasty Checkpoint into a Regular
Checkpoint; and
f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall follow the procedures in the
Conduct of Regular Police Checkpoint paragraph c.

Procedures to be Followed When Checkpoints are Ignored

a. In the event that checkpoints/roadblocks are ignored and the motorists/suspects bumped the roadblock
in an attempt to elude arrest or avoid inspection, the TL shall immediately contact adjacent units to inform
them of the situation so that these units can conduct dragnet operation, while the members of the
blocking/pursuing team shall block or pursue the errant fleeing motorist ;
b. Warning shots shall not be allowed due to the confusion it may create to the driver and passengers of the
vehicle. Megaphones or police sirens shall be used instead during the pursuit. The plate number of the vehicle
shall be noted and given to other units in adjacent areas to prevent the possibility that the vehicle may elude the
pursuit operation; and
c. In the event that the occupants of the vehicle open fire on the personnel manning the checkpoint, reasonable
force to overcome the suspects’ aggression may be employed.

Procedures in Flagging Down or Accosting Vehicles While in Mobile Car

a. Call Headquarters to inform of the make or type and plate number of the motor vehicle to be accosted
including the number and, if possible, identity of occupants;
194
 b. State the reason(s) for the planned intervention of the suspected motor vehicle;
c. Give mobile car’s location and its directio n before making actual intervention;
d. Try to get alongside the suspects’ vehicle and check the occupants without alarming them of your
purpose. You can even overtake the vehicle and wait for it at an advantageous location before stopping the
suspects’ vehicle; e. Determine whether the suspects are hostile or not;
f. Make known to the suspect that you are after them through the use of a siren or megaphone ;
g. Instruct the driver to pull over or stop on the side of the road;
h. Park behind the suspect’s vehicle at an appropriate distance and cautiously approach the vehicle on the
driver’s side;
i. If the vehicle’s windows are heavily tinted and the occupants cannot be seen , instruct the driver to open
all windows to have a clear view of the interior of the vehicle;
j. Instruct the driver to turn off the ignition , if this was not done when the vehicle stopped;
k. The other members of the team must be on guard for any eventuality while the vehicle is being approached;
l. Talk to the driver in a most courteous manner and inform him of the nature of his violation. Demand to see
the driver’s license, photocopies of the certificate of registration and the official receipt . Examine these
documents and counter-check the driver on the information reflected therein;
m. If it concerns traffic violations, immediately issue a Traffic Citation Ticket (TCT) or Traffic Violation
Report (TVR). Never indulge in prolonged, unnecessary conversation or argument with the driver or any of
the vehicle’s occupants;
n. In cases of other violations that require the impounding of the vehicle, inform the driver regarding this
situation and instruct him to follow you, after issuing the TCT/TVR; and,
o. Before moving out, inform Headquarters regarding the situation/ status and disposition of the person and
motor vehicle accosted.

Procedures to be Followed in Dealing with Hostile Drivers:

a. Stopping Vehicles
1) Follow the Procedure in Flagging Down or Accosting Vehicles While in Mobile Car stated in paragraphs a to
c; 2) Immediately request for back-up;
3) Follow the suspect and always keep him within visual range;
4) Expect that the suspect will notice your action at any time. Be prepared for a car chase or actual hostile
confrontation;
5) If the back-up is already in the vicinity, inform Headquarters that you are proceeding to accost the suspect;
6) Inform the suspects that you are after them through the use of siren or megaphone and instruct the
driver to pull over or stop on the side of the street;
7) Park at an appropriate distance behind the suspect’s vehicle;
8) While the vehicle is being approached, the other members of the crew and back-up must be on guard for
any eventuality. Overreactions should be avoided;
9) If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the driver to open all
windows for a clear view of the vehicle’s interior;
10) Direct the driver and other occupants of the vehicle not to make unnecessary movements and to show
their hands outside the car;
11) Instruct the driver to turn off the ignition and toss the key to the ground . Demand to see the Driver’s
License and photocopies of the vehicle’s certificate of registration and the official receipt. Examine the
documents and counter-check the driver on the information reflected therein; and,
12) If there are other suspects aside from the driver, separate them from one another.

b. Fleeing Vehicles
1) In the event that the motor vehicle did not stop despite the warning given, inform Headquarters or adjacent units
so that roadblocks or hasty checkpoints can be set-up;
2) Call Headquarters to inform of the make or type, plate number and color of the motor vehicle to be accosted
including the number of occupants and, if possible, their identity;
3) State the reason(s) for flagging down the suspected motor vehicle;
4) Give mobile car’s location and its direction before making actual intervention;

195
 5) When the vehicle of the suspect is cornered or stopped, instruct the driver and other occupants in a clear and
commanding voice to follow specifically what you will require of them. Failure on their part to follow will be
construed as a hostile act on their part. Execute instructions on the use of reasonable force;
6) Instruct the driver to turn off the ignition and toss the key to the ground, open the door and step out of the
vehicle, followed by his hands to be placed on top of the vehicle, or to move towards you with his hands up;
7) Instruct other occupants of the vehicle, if any, to come out one by one, and follow what the driver has been
instructed to do earlier;
8) Arrest, handcuff and search the suspects and bring them to Headquarters for proper disposition ; and
9) Before moving out, inform Headquarters about the situation, status and disposition of the suspects and motor vehicle
accosted.

High Risk Stop – is the actual stopping or accosting of armed and dangerous person or persons, aboard a vehicle or
on foot, including the power to use all necessary and legal means to accomplish such end.

High Risk Arrest – is the actual restraint of armed persons following a high-risk stop.

Pre-Determined Area – is the specific or projected spot where the armed and dangerous person or persons would
pass or likely to pass and so tactically located as to gain calculated advantage against said person or persons.

Stopping Zone - is the strategic predetermined area strongly sealed off, barricaded and occupied by tactical forces
in a lawful display of authority to maintain law and order or in defensive response to an event of criminal nature or of
such gravity that occurred or likely to occur calling for a high risk stop or arrest.

Dragnet Operation - is a police operation purposely to seal-off the probable exit points of fleeing suspects from the
crime scene to prevent their escape.

High Risk Stop and High Risk Arrest

a. Initial Stage
Upon receipt of information involving movement of armed person or persons, either singly or in group,
including unauthorized movement of government troops, or in immediate response to a reported commission of
crime perpetrated by armed persons, the PNP shall immediately:
1) Organize appropriate tactical security forces utilizing maximum firepower and armor assets;
2) Deploy the security forces to stopping zones in defensive position; and 3) Seal off the area
and establish strong roadblocks/ barricades.

b. Effecting a High Risk Stop

When effecting high-risk stop, the police officer shall:
1) Exert utmost effort to persuade the suspects to halt or stop their movement .
2) Start with the procedural conduct of regular warrantless arrest where arrest is inevitable.
3) Ensure proper documentation of the process.
4) Respect the rights of all the persons involved.

c. During Violent Stage

The PNP shall strictly adhere to the PNP Operational Procedures (POP) particularly on the use of reasonable force.

Public Assembly
It means any rally, demonstration, march, parade, procession or any other form of mass or concerted
action held in a public place for the purpose of presenting a lawful cause ; or expressing an opinion to the
general public on any particular issue; or protesting or influencing any state of affair s whether political, economic
or social; or petitioning the government for redress of grievances.

Public Place – shall include any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza,
square, and/or any open space of public ownership where the people are allowed access.

196
Freedom Park – shall mean the venue or place established or designated by local government units within their
respective jurisdictions where a public assembly could be held without securing any permit for such purpose from
the local government unit concerned.
Maximum Tolerance – means the highest degree of restraint that the police, military and other peace keeping authorities
shall observe during a public assembly or in the dispersal of the same.

Limitations on the Role of the PNP on Public Assembly

The PNP shall not interfere with the holding of a public assembly . However, to ensure public safety and to
maintain peace and order during the assembly, the police contingent under the command of a PCO preferably with
the rank of Police Senior Inspector may be detailed and stationed in a place at least one hundred (100) meters
away from the area of activity.

Guidelines for Civil Disturbance Management (CDM) Contingent During Rallies / Demonstrations
a. CDM contingent shall be in prescribed uniform and without firearm.
b. Tear gas, smoke grenades, water cannons, or any similar anti- riot device shall be used only when the public
assembly is attended by actual violence or serious threats of violence, or deliberate destruction of property.

Dispersal of Public Assembly with Permit

All public assembly with a permit shall not be dispersed . However, when an assembly becomes violent, the
police may disperse such public assembly in the following manner:
a. At the first sign of impending violence, the Ground Commander of the PNP contingent shall call the attention
of the leaders of the public assembly and ask the latter to prevent any possible disturbance;
b. If actual violence reaches a point where rocks or other harmful objects from the participants are thrown at
the police officers or at the non-participants, or at any property causing damage to it, the Ground Commander
of the PNP contingent shall audibly warn the participants that if the disturbance persists, the public
assembly will
be dispersed;
c. If the violence or disturbance does not stop , the Ground Commander of the PNP contingent shall audibly
issue a warning to the participants of the public assembly, and after allowing a reasonable period of time to
lapse, he
shall immediately order it to disperse; and
d. No arrest of any leader, organizer or participant shall be made unless he violates during the assembly a law,
statute, or ordinance.

Dispersal of Public Assembly Without Permit

When the public assembly is held without a permit where a permit is required, the said public assembly
may be peacefully dispersed. However, when the leaders or organizers of public assembly can show an application
for permit duly filed at the Office of the Mayor which has jurisdiction over the place where the rally will be held,
at least five (5) days prior to the intended activity and the Mayor did not act on the same , the grant of the
permit being then presumed under the law, and it will be the burden of the authorities to show that there has been
a denial of the application, in which case, the rally may be peacefully dispersed following the procedure of maximum
tolerance prescribed by law.

Police Responses During Public Assembly a.

During Planning Stage
1) Initiate dialogue with the leaders/organizers to ensure the peaceful holding of a public assembly, including
among others, the detail of police escorts.
2) Prepare appropriate security and CDM contingency plans.

b. During Initial and Peaceful Stage

1) With Permit or Held in Freedom Parks/ Private Properties
1.1 The PNP shall not interfere with the holding of a public assembly. However, to adequately ensure
public safety, a CDM contingent, under the control and supervision of a PCO shall be stationed at least one
hundred (100) meters away from the area where the public assembly is being held.
197
 1.2 Monitor the activities at the public assembly area and respond to any request for police assistance.
2) Without Permit or Permit has been Revoked
2.1 As soon as it becomes apparent that an assembly is being held in a public place, the Ground
Commander shall immediately conduct an inquiry whether the assembly is covered with a permit or not.
If a permit could not be show n, verification should immediately be done with the Office of the Mayor
having jurisdiction over the place where the public assembly is being held . Should the Office of the Mayor confirm
that a permit has not been issued , the leaders/organizers shall be informed of the fact that they are violating the
law and will be asked to disperse peacefully.
2.2 The PNP shall exhaust all peaceful remedies to persuade the demonstrators to disperse. This may
include the involvement of Local Chief Executives / community leaders when available to intervene in the situation so
that dispersal operations could be avoided.
2.3. Should negotiation fail and the demonstrators refuse to disperse voluntarily and peacefully, thereby
causing public inconvenience, CDM contingents may commence dispersal operations.

c. During Breach of Peace/Confrontational Stage (With or without permit)

No public assembly with a permit shall be dispersed. However, when a public assembly becomes violent, the CDM
contingents may disperse such public assembly in the following manner:
1) At the first sign of impending violence, the Ground Commander shall call the attention of the
leaders/organizers of the public assembly and ask the latter to prevent any possible disturbance . CDM
contingents shall hold the line to prevent demonstrators from proceeding to other areas where the holding of
a public assembly is prohibited.
2) If actual violence reaches a point where rocks or other harmful objects from the participants are thrown
at the CDM contingents or the non-participants, or at any property causing damage to it, the Ground
Commander shall audibly warn the participants that if the disturbance persists, the public assembly will be
dispersed;
3) If the violence or disturbance does not stop, the Ground Commander shall audibly issue a warning to the
participants of the public assembly, and after allowing a reasonable period of time to lapse, shall immediately
order it to disperse. With the use of CDM formations, the rank of demonstrators shall be disbanded,
contained, and isolated from each other, and should be prevented from regrouping.
4) Water cannons and riot sticks maybe used to repel aggression and to disperse demonstrators and reserve
CDM contingents may be employed when situation requires.
5) No arrest of any leader, organizer or participant shall be made unless he violates during the assembly a
law, statute, or ordinance.

d. During Violent Stage

1) Non-lethal weapons and equipment may be used to suppress violence, to protect lives and prevent further damage to
properties.
2) The PNP security elements shall be tactically deployed to provide immediate assistance to the CDM contingents.

e. Post-Operation Stage
1) CDM contingents shall be withdrawn after the area has been cleared of possible danger to public safety.
2) Sufficient police force shall be maintained to ensure peace and order in the area.

Guidelines in the Use of Non-Lethal Weapon s

a. Shield and Truncheon
During the confrontational stage, truncheon may be utilized only to push back demonstrators and not as an
instrument to strike individuals. However, when demonstrators become aggressive, truncheon shall be the
principal non-lethal weapon for dispersal. In such situation, CDM contingents shall nonetheless, use the same
with caution and due diligence to avoid unnecessary injury. b. Water Cannons
Water cannons may be utilized when demonstrators become unruly and aggressive forcing troops to fall
back to their secondary positions. c. Tear Gas
Tear gas may be utilized to break up formations or groupings of demonstrations who continue to be aggressive
and refused to disperse despite earlier efforts .

198
INTEGRATED PATROL SYSTEM (IPS)
- PNP’s answer to the requirement of police visibility.
- PATROL means – Policemen Assigned To Reinforce Order in the Locality
- best way of immersing policemen in various activities
- provides a symbiotic relationship between the police and the community which would eventually draw active
support and cooperation of the populace.

THREE COMPONENTS OF IPS

1. Fixed Components – these are different stations, precincts, police visibility points, traffic posts and headquarters
a. Station Desk – serves as the 3 C’s of police force: Communication; Coordinating; Center/Command Post
Situation/Locator Map – capable of providing visual IPS situation which shows the AOR, Real Time Current
Situation and Real Time Status of the IPS
b. PCP – headed by PCO with a rank of Chief Inspector or Superintendent with a minimum of 30 personnel
including the Commander divided in 3 shifts of 8-hours duty.

2. Patrol Components – include line beat, mobile patrol, motorcycle, bicycle, air patrol and detective repressive patrol
a. Police Beats – consist of identifiable boundaries within the AOR where an officer can conduct patrol. Police
Beats identification:
PBs for NCR
- Identifiable by a 5 digit number. 1st digit refers to the numerical assigned to the district
- 2nd refers to the number assigned to each of the city/municipality within the district
- 3rd digit refers to the number assigned to particular PCP
- 4th and 5th digits refer to the numbers assigned to particular beat

PBs for Regional Officers

- Identifiable by a 7 digit number
- First 2 digits refer to the number of the region
- 3rd digit refer to the number assigned to a particular province within the region - 4 th digit refers to
the PCPs
- 5th and 6th refer to the beat

b. Mobile Patrol – similar with mobile patrol discussed

c. Detective Beat System – contiguous area where a team of police investigators is assigned with a specific task
of conducting follow-up investigation to all complaints, reports, referrals and other requests with the end in view of
full compliance and/or filing of case

DETECTIVE BEAT SYSTEM (DBS) – one of the concrete responses of PNP in reinventing the field of investigation.
- it is concerned with crime solution and detectives are charged with total investigation responsibility

POLICE BEAT – is concerned with crime prevention

- the patrol officers usually respond to crime incidents for arrest, protection of crime scene until detectives
arrive to investigate.

Guidelines in the Conduct of Patrol

I. Pre-Deployment Phase – conducted by means of formation or assembly in police stations for at least 30minutes
which will be allotted for:
a. inspection as to appearance and completeness of individual equipment.
b. dissemination of assignments, instructions and orders.

II. Deployment Phase – upon arrival at the patrol beat, officer shall report to the desk officer or dispatcher
- while on patrol, they shall adopt the “buddy-buddy system”
- upon reaching the end of the line beat, officer shall make a situation report before returning to their point of
origin
199
 - any unusual incident must be reported and/or recorded in the patrol sheet report.

III. Post-Deployment Phase – after the tour of duty, officers shall return to police stations for the following: a.
surrender the equipment
b. accomplish the Daily Patrol Report
c. Turn-over to the Front-Desk Officer all items confiscated or recovered during the tour of duty
d. patrol commander shall conduct an accounting of patrol officers before being dismissed

3. Auxiliary Components – include security guards, traffic enforcers, barangay tanods, civilian volunteers and
nongovernmental organizations

TEAM POLICING SYSTEM – is an attempt to integrate the police and the community interest into a working
relationship so as to produce the desired objective of peace keeping in the community.
- Originated in Aberdeen, Scotland
- Team of 5-10 men is assigned according to concentration of crimes and citizens-calls for police service.
- Effective police-community cooperation is critical to the success of a team policing system.

Characteristics of Team Policing

1. Geographic Stability of the Patrol Force – The application of permanent patrolling to foster greater awareness
and sensitivity to local police problems by team members.
2. Maximum Interaction between Team Members – Members must be given opportunity to work closely
together in solving problems.
- Members are encouraged to share information with one another through informal meetings or conference.
3. Maximum Communication between Team Members and Community Residents – Team policing is intended to
develop a greater sense of understanding and increased cooperation between members of the team and
community residents.
- Encourage members of the community to attend informal sessions in which they discussed community
problems with the team.

COMMUNITY-ORIENTED POLICING SYSTEM

In Japan, they have operationalized and even institutionalized it through the Koban or Police Box System.

In Singapore, they are wielding it through the Neighborhood Police Post.

In the United States about 60 % of the police departments are implementing it through Community
Oriented Policing/Problem Oriented Policing COP/POP.

In Canada and several countries in Europe and other parts of the world, they are into it also.

In the Philippines, the implementation of National Anti-Crime Strategy (NACS) at the community level started
as mere initiative of some innovative police commanders.

In Bacolod City, the Negros Occidental Provincial Commander of the defunct PC/INP managed to mobilize
the community to support and team up with Bacolod City Police Station through the Bacolod Citizens for Unity and
Peace (BAC–UP) Foundation from June 7, 1986 to date.

On August 8, 1991, the Davao Del Norte Provincial PNP Commander instituted the KAUBAN, an integrated
undertaking of the police/barangay/citizenry to maintain peace and order.

It was also in 1991 when the PNP started implementing the “Koban Philippine style” dubbed as Pulis Patrol Lingkod
Bayan (PPLB).

On May 04, 1993, the PNP started establishing the KABABAYAN Center as Community Oriented Policing Units.

200
 Finally on August 15, 1994, the PNP adopted and started implementing the Community Oriented Policing System
(COPS).

Basic Principles / Foundation Of COPS

1. Democracy – Philippines is a democratic and republic state.
It is imperative for the people to participate in and support the processes, programs and activities of the government to
attain SUMMUM BONUM or the greatest good for the greatest number of our people.
2. Criminal Justice – a machinery used by a democratic government to protect the society against crime and disorder.
3. Who are the Police – according to Robert Peel, “The police are the public and the public are the police.”
4. People’s Power – the greatest source of power to wage war against crime and other threats to society lies among the
people.

CONCEPT OF COPS
“COPS is a philosophy of full service, personalized policing where the same patrol officers works in the same
area on a permanent basis, from a decentralized place, working in a proactive partnership with the citizens to
identify and solve problems.”

ELEMENTS OF COPS
1. Philosophy – the present and future crime and other disorder requires the police to provide full service policing and
problem solving with the active participation and support of the community.
2. Personalized – officers should have person to person contact with the members of the community
3. Patrol – officers must work and patrol their defined beat or AOR as often as possible.
4. Permanent – officers should be assigned permanently for at least 18 months to defined beat.
5. Place – the AOR should be divided/sectorized into distinct neighborhoods in urban areas and clusters of barangays
in rural areas.
6. Proactive – shall have proactive focus of pre-empting, preventing, suppressing, and deterring crimes. Anticipate or at
least detect as early as possible the occurrence of crimes.
7. Policing – provide full service policing in the community
8. Problem Solving – includes those abets or serves as breeding grounds of crime 9. Partnership – establish community
partnership

PART II
POLICE COMMUNICATIONS SYSTEM

IMPORTANT TERMS
1. Communication – in general, it is the transfer of thought or idea from one person to another through channel
or medium. Technically, it refers to equipment used which can be electrical or electronic used to exchange
information.
2. Communications – refers to the technical field of study or science which involves exchange of information
through various channels.
3. Communications Medium – the language or code used in transferring information or idea.
4. Amplitude Modulation – modulation in which the amplitude of a wave is subject to variation of changes. This
is used in single side band, double side band, and independent side band.
5. Frequency Modulation – the amplitude is made constant in the carrier wave together with the signal.
6. Antenna – metallic wire or rod used for radiating and receiving waves to and from space. Also termed Aerial.
7. Coordinating Center – is a center base station of a police or law enforcement communications. Also called
Center.
8. Intercommunication (Inter-Com) – wires system used within a building or compound for direct exchange of
calls
9. Intra-Communication – a communication existing within a province, organization or communication that
exists between institutions of farthest distance.
10. Radio – a communication by means of electromagnetic waves transmitted through space.
11. Landline – is a wired form of communication
201
 12. Television Broadcasting (Telecast) – a form of broadcasting through television
13. Subscriber – refers to person, residence or office connected to the Private Base Exchange (PBX)
14. Dispatcher – personnel in police communication center charged with receiving and transmitting of messages.

POLICE COMMUNICATIONS – refers to the technical means used by the police which consists of interrelated but
relatively independent sub-systems such as telephone, telegraph, teletype, radio and television systems and other
electronic and automated processes.

ESSENTIALS OF POLICE COMMUNICATIONS SYSTEM

1. Training – messages should be committed to standard handling procedures by trained personnel
2. Dependability – provides that communications must be reliable and available at all times in good condition
3. Security – provides that communications system must be secured from any criminal action toward destruction
of police organization’s functions.
4. Accessibility – provides that operational units must have convenient access to every communication that is
essential to its efficient operation.
5. Speed – provides that communications must be adequate considering that the quick response of officers
depend on the transfer of information.
6. Confidentiality/Secrecy – provides that informations in the organization must be private and should not be
held public as it relates to suspects or victims.

POLICE COMMUNICATIONS NETWORK

1. Administrative Communications Net – it involves the exchange of non-operational information among police
precincts, units, departments or headquarters.
2. Operational Communications Net – it pertains to exchange of police field informations involving peace, law
and orders as well as general public well being.

Police Radio Operator/Voice Radio Operator/ Dispatcher/ Coordinator – is a person charged with receiving and
transmitting information and is trained in his job.

Requisites of a Good Police Radio Operator

1. Alertness – gives an impression that the operator is awake and interested what the person is saying on the other line
2. Pleasantness – creates a proverbial voice with smile
3. Naturalness – it involves the utilization of simple straightforward words and avoidance of repetition.
4. Expressiveness – use of normal tone of voice which should not be too fast or too slow. The tone of voice will vary on
meaning of sentence that the operator is saying
5. Distinctiveness – it involves speaking clearly and distinctly by moving the lips, tongue and jaw freely.

RADIO COMMUNICATIONS
Radio – is a system of communication using electromagnetic waves propagated through space

A. Radio Waves
The radio or electromagnetic waves travel as fast as the speed of light at 186,000 miles per second or 300,000
kilometers per second.

TWO GENERAL TYPES OF RADIO WAVES

1. Ground Wave – is radiated energy that touches along the surface of the earth
2. Sky Wave – is a radiated energy that travels to the ionosphere and is reflected back to earth.

B. Radio Transmitters – generates electrical oscillations at a radio frequency called the carrier frequency
b.1. Oscillation Generator – converts electrical power into oscillations of a predetermined radio frequency
b.2. Amplifiers – increases the intensity of oscillations while retaining the desired frequency
b.3. Transducer – converts the information to be transmitted into varying electrical voltage proportional to each
successive instantaneous intensity.

202
C. Radio Receivers
c.1. Antenna – receives the electromagnetic waves and converts them into electrical oscillations
c.2. Amplifier – increases the intensity of oscillations
c.3. Demodulator – detection equipment for demodulating
c.4. Speaker – converts the impulses into sound waves audible by the human ear
c.5. Oscillators – to generate radio frequency that can be mixed with incoming waves.

FREQUENCY NEEDED BY THE POLICE DEPARTMENT

◼ Above 30 MHz or within Very High Frequency (30–300MHz) – is the frequency needed by the police departments.
◼ 30–300 MHz – is intended for short distances transmission.

ABC’s OF RADIO TRASMISSION

A. Accuracy – the correctness and truthfulness what is being communicated
B. Brevity – using of few words. No unnecessary words or repetitious words in the transmission
C. Courtesy – politeness of the words being used in the communication
10-31 Crime progress
10-32 Man with gun
Associated Public Safety Communication officers, Inc. 10-33 Emergency
10-34 Riot
APCO TEN SIGNALS 10-35 Major crime alert
10-36 Correct time
10-0 Caution 10-37 Investigate suspicious vehicle
10-1 Unable to copy/Change Location 10-38 Stopping suspicious vehicle
10-2 Signal good 10-39 Urgent use light and siren
10-3 Stop transmitting 10-40 Silent run- no light or siren
10-4 Acknowledgement/ Roger 10-41 Beginning of tour of duty
10-5 Relay 10-42 Ending tour of duty
10-6 Busy-standby unless urgent 10-43 Information
10-7 Out of service 10-44 Request permission to leave patrol
10-8 In Service 10-45 Animal carcass in lane at________
10-9 Repeat/ Say again 10-46 Assist motorist
10-10 Fight in progress 10-47 Emergency road repairs needed
10-11 Dog case 10-48 Traffic standards needed repairs
10-12 Stand-by 10-49 Traffic lights out
10-13 Weather and road report 10-50 Accident
10-14 Report of prowler 10-51 Wrecker needed
10-15 Civil disturbance 10-52 Ambulance needed
10-16 Domestic trouble 10-53 Road Blocked
10-17 Meet complainant 10-54 Firestock highway
10-18 Complete the assignment quickly 10-55 Intoxicated driver
10-19 Return to______ 10-56 Intixicated pedestrian
10-20 Location 10-57 Hit and Run
10-21 Call______ by telephone 10-58 Direct traffic
10-22 Disregard 10-59 Convoy or escort
10-23 Arrived at scene 10-60 Squad in vicinity
10-24 Assignment complete 10-61 Personnel in area
10-25 Report in person (meet) 10-62 Reply to message
10-26 Detaining subject, expedite 10-63 Prepare to make written copy
10-27 Drivers License Information 10-64 Message to local delivery
10-28 Vehicle Registration Information
10-29 Check record for wanted
Police Intelligence and Secret Service
10-30 Illegal use of radio
203
 10-82 Reserve lodging
10-65 Next message assignment 10-83 Found vehicle
10-66 Message cancellation 10-84 If meeting advice ETA
10-67 Clear to net message 10-85 Will be late
10-68 Dispatch information 10-86 Missing person
10-69 Message received 10-87 Pick-up checks for distribution
10-70 Fire alarm 10-88 Advice precent telephone number of
10-71 Nature of fire 10-89 Found person
10-72 Report progress in fire 10-90 Bank alarm
10-73 Smoke report 10-91 Unnecessary use of radio
10-74 Negative 10-92 Wanted person
10-75 In contact with 10-93 Blockade
10-76 En route 10-94 Drag racing
10-77 ETA (estimate time of arrival) 10-95 Stole cattle
10-78 Need assistance 10-96 Mental subject
10-79 Notified 10-97 Secret
10-80 Kidnapping 10-98 Prison jail break
10-81 Stolen vehicle 10-99 Record indicate wanted or stolen
The Intelligence community is not only our first line of defenses against the various threats to national stability
but also bears the awesome responsibility of providing comprehensive, accurate and timely information for
political and socio-economic decision-making.

Historical Setting:

Moses:
The first recorded case of intelligence use is found in the Holy Bible. In the Book of Numbers, Chapter 13,
verses 1720 can be found the instruction of Moses to the sons of the twelve tribes of Israel who were tasked to
spy the Promised Land given Canaan. Moses said to them, “Go up here in the Negeb, up into the highlands, and
see what kind of land it is. Are the people living there strong or weak, few or many? Is the country in which
they live good or bad? Are the towns in which they dwell open or fortified? Is the soil fertile or barren, wooded
or clear? And do your best to get some of the fruit of the land.”

Rahab:

The second recorded case is found in the Book of Joshua. Chapter 2, verses 1-2, which states,: “Then Joshua,
son of Nun, secretly sent out two spies from Shittim, saying, ‘Go, reconnoiter the land and Jericho.’ When the
two reached Jericho, they went into the house of a harlot named Rahab, where they lodged. But a report was
brought to the king of Jericho that some Israelites had come there that night to spy out the land.” In this case
Rahab protected the spies of Israel from being captured by the king’s soldiers in exchange for the safety of her
family once the Israelites conquered their city
Delilah:

The third recorded event in the Bible is the story of Samson and Delilah which can be read in the Book of
Judges chapter 16, verses 1-31. Samson was gifted by God with great strength which made him as a formidable
enemy of the Philistines after he had killed thousands of their soldiers with a jawbone of an ass. He was the
most wanted Israelites that after it was known that he falls in loved with a Philistine named Delilah, the lords of
the Philistines contracted Delilah and used her as a bait to capture Samson. To make the story short, Samson
succumb to the sexual manipulation of Delilah that he was deceived to tell the secret of his strength which
eventually led to his capture and death

Events and Personalities in the World of Intelligence

Sun – Tzu – a Chinese philosopher – takes a more practical view according to him, what is called
foreknowledge cannot be elicited from spirits, nor from gods nor from/analogy with past events nor from
calculations. He wrote “It must be obtained from men who knew the enemy situation.” “Know thy enemy and
know yourself, you need not fear the results of a hundred battles” “If you know yourself and not the enemy, for
every victory, you are a fool who will meet defeat in every battle”

204
 Alexander the Great –when Alexander the Great was marching to Asia, were rumors of disaffection growing
among his allies and mercenaries, he sought the truth, and got it by simplest expedient by devising the first
“letter sorting” and opening to obtain information.

Sertorius – he was the Roman Commander in Spain who possessed a White Fawn and allowed it to become
widely known – that he derived secrets and guidance from the fawn. His Intelligence agents credited their
information to the supernatural power of animals.

Akbar – he was known to be sagacious master of the Hindustan. He employed more than 4,000 agents for the sole
purpose of bringing him truth that his throne might rest upon it.

Genghis Khan – he was known “The Great Mongol”, who used intelligence to conquer China and invade Cathay.
He instructed his Generals to send out spies and used prisoners as sources of information. The leader of the so-
called Mongol Conquerors – made use of effective propaganda machine by spreading rumors of Mongol Terror,
they collected information on weaknesses and rivalries of Europe. The leaders usually disguised as merchants.

Renaissance Period:

Sir Francis Walsingham – England – under Queen Elizabeth organized the first National Intelligence Service. He
employed spies on the staff of the Admiral in Command of the Spanish Army and able to obtain information
regarding Spanish Army as to their ships, equipment, forces and stores. He protected Queen Elizabeth 1 from
countless assassins.

Napoleon Bonaparte – “One Spy in the right Place is worth 20,000 Men in the field”. He organized two Bureaus of
Interest:

Bureau of Intelligence – which consolidate all incoming information regarding the enemy for presentation to the
emperor and to obtain information as desired.

Topographic Bureau – This maintains a large map which covers the latest information regarding both enemy and
friendly forces.

He maintained Military Intelligence and secret Political Police Service all over Europe. His main arm was “Spy against
Spy” concept.

Frederick the Great – he was known as the “Father of Organized Military Espionage”. He divided his agent into four
classes;

1. Common spies – those recruited among poor folk, glad to earn a small sum or to accommodate as military
officer.
2. Double spies – are unreliable renegades, chiefly involved in spreading false information to the enemy.
3. Spies of Consequences – refers to couriers and noblemen, staff officers, and kindred conspirators, requiring
a substantial bribe or bait.
4. Persons who were forced to undertake espionage against their own will.

Hannibal – he was considered one of the brilliant military strategies in the history of military intelligence.
He had developed an effective intelligence system for 15 years in Rome. He usually roam around the city often
disguise himself as a beggar to gather first hand information.
Julius Caesar – during his time, the staff of each Roman Legion includes ten “speculators” who served as
information-collecting agency. The “speculators” were the first intelligence personnel to appear definitely in a
military organization. Military success of Romans was aided by communication system. Made use of carrier
pigeons, which made possible the amazing speed with which intelligence of Imperial Rome was transmitted.
They also employed ciphers to ensure secrecy of communications.

George Washington – Conspirator under oath abounds in the history of every nation. He was the Grand master
in intelligence. He mobilized the Free Masons of the colonies at the outbreak of the American war of
Independence.

Wilhelm Stieber – He incorporated intelligence in the General Staff support System, device military censorship
and organized military propaganda. He works as a census taker and developed informal gathering of data.

Alfred Redi – one of the most brilliant intelligent agents. Though a homosexual, he became chief of the
AustroHungarian Secret Service. He became a double agent of Russia. In 1913, his treason was discovered and
205
 he was forced to commit suicide, it also led to the death of almost 500,000 agents and soldiers combined in his
13 years espionage episode.

Brahma Kautilya – he overthrew the Nanda Dynasty and established the first MAYURYAN king in the Indian
throne.

MAYURYAN SPY SYSTEM – rivaled Modern Soviet and had the following tasks: Shadow the king’s ministers and
officials and attempt to determine their very thoughts – Report wrong doings of the people – Operate secretly in
foreign countries – Spread unrest – commit act of sabotage – assassinate political and military leaders – official
envoys were instructed to make friends with officials of the enemy to compare their military strengths with their
own.

Federal Bureau of Investigation – this was first established in 1908 as an investigative arm of the U.S.
Department of Justice and became what is known as the F.B.I. under its first director Edgar Hoover in 1924. on
September 6, 1939 by a presidential directive, it came to its responsibility the task of a domestic intelligence.

Central Intelligence Agency – the agency was created under the US National Security Act of 1947. It was the
Central Intelligence group established during the time of President Truman in January 1946. The CIA was under
the National Security Council.

Intelligence Defined:
Webster defines intelligence – as the capacity for understanding and for other forms of adaptive
intellect of behavior; the mind in operation;
Based on Psychology – is the capacity of a person to adjust to new situations through the use of
what has been previously learned.

Government – it means the collection, processing, collation, interpretation, evaluation and

dissemination of information, with references to national security.

Military terminologies – Intelligence is the end product resulting from the collection, evaluation,
analysis, integration and interpretation of all available information, which may have immediate or
potential significance to the development, and execution of plans, policies and programs of the users.

Police Intelligence – the end product resulting from the collection, evaluation, analysis, integration and
interpretation of all available information regarding the activities of criminal and other law violators for
the purpose of affecting criminals and other law violators for the purpose of affecting their arrest,
obtaining evidence, and forestalling plan to commit crime.

Today all countries have their intelligence services. They maybe different in their organization,
efficiency and method but they all have the basic functions such as;

1. the collection or procurement of information

2. the evaluation of the information which then become intelligence
3. the dissemination of intelligence to those who need it
4. counter – intelligence or negative intelligence, which is dedicated to the concealment and
protection of one’s own information from the adversary intelligence operation. It is a
defensive function of intelligence.

INTELLIGENCE THEORY AND PRINCIPAL AREAS OF INTELLIGENCE

INTELLIGENCE THEORY:
Police intelligence is simply the gathering of information, after which it is processed into intelligence which is
then used as part of police planning or used in operations. It is not a magic formula that may solve the different
problems of a police administrator. Intelligence helps in giving police administrators the true picture or actual
situation that he is facing. It must always be remembered that intelligence is not a direction agency nor an
operational unit of the department, and should never be interpreted as such, hence, its net worth should not be
judged by the number of arrest that it had made, but by the timeliness, accuracy, and quality of intelligence that
is produced.

Too often, police administrators are required to make major decisions based upon inadequate information.
Intelligence must fill the void often-existing police decision-making. Fundamentally speaking, the purpose of
206
intelligence is to increase the probability.

For accuracy in the operation, staff decisions by means of furnishing the latter with accurate and timely intelligence. In
other terms, intelligence is also known as the eyes and ears of the Chief of Police.

The meat of intelligence theory is based on what is called as an educated guess. Intelligence is a product of a
process, which starts from the collection of information, its evaluation, analysis, interpretation and integration
with other information to arrive at a theory on conclusion, which is called as intelligence. Information therefore,
becomes only as intelligence after it had undergone the above-cited process, which is called as the probability of
the information and the reliability of the source of such information. There is always a risk that the information
is not correct even though it had gone through process but the danger that a police administrator should bear.
To minimize mistakes especially in important policy declaration it is best to check and counter check the sources
of information and if possible to confirm it with one’s own investigator. Information must always be evaluated
thoroughly by an experienced analyst so that the product form such bunch of information must be nearest to
the truth. Intelligence reports are sometimes not so factual, especially those from untested informants or
informers, hence the role of the analyst will tilt the balance for accuracy.

Most often, intelligence reports are inadmissible in court for they are considered as hearsay evidence because
the one making the report is not an eyewitness or has no knowledge of the incident or situation being
investigated. Intelligence reports are seldom submitted to court as part of any evidence unless the case is o
important that the identity of the agents involved could be sacrificed for its successful prosecution.

Principles of Intelligence
1. Criteria
2. Doctrines
3. Objectivity
4. Interdependence
5. Continuity
6. Communication
7. Usefulness
8. Selection
9. Timeliness
10. Security

General Activities in Police Intelligence

1. Strategic Intelligence – an intelligence activity, which is primarily long, range in nature with little practical
immediate operation value.
2. Line Intelligence – it is an intelligence activity that has the immediate nature and value necessary for more
effective police planning and operation.
3. National Intelligence – is the integrated product of intelligence developed by all the governmental branches,
department concerning the broad aspect of national security and policy.
4. Counter – Intelligence – phase of intelligence covering the activity devoted in destroying the effectiveness of
hostile foreign activities and to the protection of information against espionage, subversion and sabotage.
5. Undercover work – is an investigative process in which disguises and pretext cover and deception are used to
gain the confidence of criminal suspects for the purpose of determining the nature and extent of any criminal
activities that maybe contemplating or perpetuating.

Functional Classification of Police Intelligence

1. Criminal Intelligence – refers to the knowledge essential to the prevention of crimes and the investigation,
arrest, and prosecution of criminal offenders.
2. Internal Security Intelligence – refers to the knowledge essential to the maintenance of peace and order
3. Public Safety Intelligence – refers to the knowledge essential to ensure the protection of lives and
properties.

Kinds of Intelligence

207
 a. Strategic Intelligence – it is an intelligence data that are not of an immediate value. It is
usually descriptive in nature, accumulation of physical description of personalities.
b. Line Intelligence – is the kind of intelligence required by the commander to provide for
planning and conduct tactical and administrative operation in counter insurgency. This
pertains to knowledge of People, Weather, Enemy and Terrain (PWET)
c. Counter – Intelligence – this kind covers the activity devoted in destroying the effectiveness
of hostile foreign activities and to the protection of information against espionage. This is
also known as Negative Intelligence – a generic term meaning three different things.
- it is the organized effort to protect specific data that might be of value to the
opponent’s own intelligence organization.

Counter – Espionage – negative intelligence becomes a dynamic and active effort.

“A basic requirement of the secret agent is disguise himself and his mission. Much of his
training and basic skill is dedicated to concealment. He is supposed to be supplied with a
foolproof cover story and good documents. He must be a man of exception ability or else he
would not be chosen for this intricate job. The trapping of the dark intruder is a formidable talk.

PRINCIPAL AREAS OF INTELLIGENCE INTEREST

1. ORGANIZED CRIME
Is syndicated crime, the violation of law n a large-scale basis by on going, tightly structured groups
devoted to the pursuit of profit through criminal means. What distinguishes organized crimes from other
types of structured criminal activity are the durability and complexity of syndicates, which have some of
the traits of formal organization, division of labor, a hierarchical authority structure, and coordination
among various statuses.

2. SUBVERSIVE ORGANIZATIONS or ACTIVITIES

COMMUNISM
Is a social and political movement which is based on Karl Marx’s interpretation of history and which seeks to
achieve communism by revolutionary means through the dictatorship of the proletariat.

3. TERRORIST ORGANIZATIONS TERRORIST

Is defined as the unlawful use of force or violence against persons or property to intimidate or coerce
government, the civilian population, or any segment thereof, furtherance of political or social objectives.
TWO TYPES OF TERRORISM

1. DOMESTIC
This involves groups or individual whose terrorist activities are at elements of our government or
population without foreign direction.

2. INTERNATIONAL
This involves terrorist activity committed by groups and individuals who are foreign-based and or
directed by countries of groups outside the country or whose activities transcend national boundaries.

OTHER AREAS OF INTELLIGENCE INTEREST

1. Crime prone community relating to vices, juvenile delinquency, crime and indication of subversion
and insurgency.
2. All matters pertaining to personnel security, physical security, and classified documents.
3. Cases under follow-up.
4. Personalities directly or indirectly involved in criminal activities.
5. Personalities, places, events involved in insurgency and subversion.
6. Police operation regarding its effectiveness and quality.
7. Police personnel, its equipment, funds and materials.

208
 8. Aspects of crime prevention and control.
9. Aspect of management for planning and organization improvement purposes.
10. And others as directed by higher authorities.

INTELLIGENCE REPORTING AND RECORDING SYSTEM

As a rule, intelligence reports and recording of report should be made from the lowest level of the intelligence
unit. Dissemination of reports among the same units should be done “on the need to know” basis only.
Dissemination to higher headquarters should be accompanied by other information or data or documents that
will normally be processed at higher headquarters.

THE DIFFERENT TYPES OF REPORTS IN INTELLIGENCE ARE:

1. AGENT’S REPORT (AR)

Is a report made by an agent who is submitted to his agent handler or to his unit?

2. INFORMATION REPORT (IR)

Is a report made by an operative concerning any information on which was gathered in the course of his
assignment of function?

3. OPERATIONS PLAN REPORT (OPLAN)

Is a report coming from higher headquarters or higher level of command to an operating unit outlining
thereat the details of certain operations?

4. SUMMARY OF INFORMATION REPORT (SOI)

Is a type of report made by any member of the intelligence community containing all information about anything
which he had gathered in the course of his work?

5. SURVEILLANCE REPORT (SR)

Is a report made after surveillance? The report must include the complete details of the operations, to include
pictures, notes, sketches, or other data which was gathered during the course of the surveillance.

6. CASING REPORT (CR)

A report made after a casing operation. It must include a sketch, map, or plan of the building or room which is
the subject of the casing. The sketch map or drawing must include the general vicinity and the locality in which
the target is located.

7. INTERROGATION REPORT (IR)

A report made after an interrogation against the enemy or suspect.

8. INVESTIGATION REPORT
A report made after an investigation.

9. SECURITY SURVEY REPORT (SSR)

A report made after conducting a security survey on any installation, building, camp, offices or area.

10. SECURITY INSPECTION REPORT (SIR)

A report made after a security inspection on a building, office, or areas.

INTELLIGENCE RECORDING SYSTEM

Intelligence recording is the reduction of all information or data into writing or other form, which is capable of being
stored for future use.

The different intelligence recording system or devices:

1. INTELLIGENCE JOURNAL
Is a permanent, official and chronological recording of events, incidents, information, activities being
undertaken by an intelligence.
209
2. INTELLIGENCE WORK SHEET
This is a recording device wherein different information are entered and collated in preparation
for its final processing.

3. SITUATION MAP
This is a map of the area, place, or target where indicators are made depending on the needs of
the unit making it. Sometimes map pins are put at places usually require that both parties have
identical code books wherein prevalent incidents or important events occurred or where the
presence of the enemy is reported.

4. INTELLIGENCE FILE
This is the compilation or file of different reports received by the unit.

The Intelligence Cycle

Phase 1 – Planning the Collection Effort – it involves the determination of the requirements of
intelligence. It is concerned with identifying the so called Essential Element of Information (EEI)
– an item of intelligence or information of the characteristics of the area of operations and the
enemy, which the commander feels he needs before he needs before he can reasonably arrive
at a decision.

Categories of Intelligence Requirements in relation to use;

1. Executive
2. Contributory
3. Operational
4. Collateral
Phase 2 – Collection of Information - this is concerned with identification of the collecting agency,
the formulation of procedures on the manner of collecting the information in conjunction with the
plans as achieved in phase

Methods of Collection – collection of information can be done trough overt method or covert
method.

Collecting agencies – depending on the type of operation, the collecting agency could be
Government Agencies, Intelligence units, or Organizations.

Trade Crafts – includes the use of photography, investigations / elicitation / interrogation,

surveillance, sound equipment, surreptitious entry – keys and locks, use of an artist,
communication.

Phase 3 – Processing the Collected Information – this is concerned with the examination and
collation of all collected information.

Steps in Processing Raw Information

1. Collection – organization of raw data and information into usable form; grouping similar items of
information so that they will be readily accessible.
Recording – is the reduction of information into writing or some other form of graphical
representation and the arranging or this information into writing or some form into groups or
related items.

- Police log book and Journal

- Intel – work Sheet – Intel Files
- Situation Maps – Rouges Gallery
- Modus Operandi Files

210
 2. Evaluation – examination of raw information to determine intelligence value, pertinence of the
information, reliability of the source and agency, and its credibility or truth of information.
Evaluation is determination of the pertinence of the information to the operation, reliability of the
source of or agency and the accuracy of the information.
3. Interpretation – establishing the meaning and significance of the information. It involves the
following activities.
Analysis – shifting and isolating those elements that have significance in light of the mission or
national objective.
Integration – combining the elements isolated in analysis and known information to form a logical
picture or theory.

Deduction – the formulation of conclusion from the theory developed, tested and considered valid in
determination of effort and meaning of the information.

Phase 4 – Dissemination and Use of Information – this cycle refers to the activities of transferring the processed
information to the proper users, most particularly the authority that requires the activity. Processed information
can be disseminated trough annexes, estimates, briefing, message, reports, overlays, and or summaries.

INFORMATION

Information – refers to all evaluated materials of every description including those derived from observation,
reports, rumors, imagery, and other sources from which intelligence in produced. Information is a
communicated knowledge by others obtaining by personal study, investigation, research, analysis, observation.

2 General classifications of sources of information;

1. Open sources – 99% of the information collected are coming from open sources.
2. Close sources – 1% of information are collected from close sources.

Overt Intelligence – is the gathering of information or documents procured openly without regard as to whether the
subject or target become knowledgeable of the purpose.

Covert Intelligence – is the secret procurement of information, which is obtained without the knowledge of the persons
safeguarding vital intelligence interest.

Informant Net – it is a controlled group of people who worked trough the direction of the agent handler. The
informants, principal or cutouts supply the agent handler directly or indirectly with intelligence information.

Informants (Asset) – people selected as sources of information, which could be voluntary, or in consideration of a
price.

Informant – refers to a person who gives information to the police voluntarily or involuntarily without any consideration.

Informer – those who give information to the police for price or reward.

Types of Informants

1. Criminal Informant
2. Confidential Informant
3. Voluntary Informant
4. Special Informant
5. Anonymous Informant

211
Intelligence Operations – is the result of intelligence planning, planning is always ahead of operation although
an operation can be made without a plan, it is usually due to sudden and inevitable situations but definitely this
is poor intelligence management.

14 Operational Cycles

1. Mission and Target

Infiltration – the insertion of action agent inside the target organization

Penetration – recruitment of action agent inside the target organization

2. Planning
3. Spotting
4. Partial Background Investigation or complete Background Investigation
5. Recruitment – the only qualification of an agent is to have an access to the target
6. Training
7. Briefing
8. Dispatch
9. Communication – technical method like telephone/radio, non-technical method like personal meeting,
live drop or dead drop
10. Debriefing
11. Payments – depends upon the motivation of informant
Regulatory – pay no bonuses

Supplemental – income that is enough to ease his financial worries

12. Disposition – involve activity on rerouting, retraining, retesting, termination

13. Reporting
14. Operational Testing

Cover and Undercover Activities:

Cover – the means by which an individual group of organization conceals the true nature of his acts and or
existence from the observer.

Cover story – a biographical data trough fictional, that will portray the personality of the agent he assured, a
scenario to cover up the operation.

Cover Support – an agent assigned in target areas with the primary mission of supporting the cover story.

Types of Cover

1. Natural cover – using actual or true background

2. Artificial – using biographical data adopted for the purpose
3. Cover with in a cover – justification of existence
4. Multiple cover – any cover you wish

THE COLLECTION AND PROCESSING OF INFORMATION

Procurement as used in intelligence parlance is the aggressive effort to acquire certain specific information
which may not be readily available. To this end, a number of means may be used, these are:

1. THE CLASSICAL INTELLIGENCE

- such as and which utilizes human being to gather information

212
 2. THE MODERN or TECHNICAL INTELLIGENCE
- which employs machine such as satellites, electronic gadgets to gather information.

THE ESSENCE OF PROCUREMENT

The essence of intelligence is access. Someone or some device has to get close enough to a thing. A place or a
person to observer or discover to the desired facts without arousing the attention of those who protect them.
The information must then be delivered to the people who want it. It must move quickly or it may get stole, and
it must not get lost or integrated en route.

KINDS OF AGENT USED IN THE PROCUREMENT OF INFORMATION

1. Agent in Place –an agent who have been recruited by an intelligence service within a highly sensitive target, who
is just beginning a career or have been long or (outsider) insider.
2. Double Agent – An enemy agent, who has been captured, turned around and sent back where he came from as
an agent of his captors.
3. Expendable Agent – an agent though whom false information is leaked to the enemy.
4. Penetration Agent – agents who have such reached the enemy, get information and would manage to get back
alive.
5. Agent of Influence – an agent who uses influence to gain information.
6. Agent of Provocateur – not a member or any agent.

Sources of Information
1. Persons
2. Places
3. Things

Surveillance
Is a form of clandestine investigation, which consists of keeping persons, place or other targets under physical
observation in order to obtain evidence or information pertinent to an investigation.

Tailing or Shadowing – surveillance of persons; it is the observation of a person’s movement.

Casing or Reconnaissance – is the surveillance of building place or area to determine its suitability for Intel use or
its vulnerability in operations. Casing is for the police and reconnaissance for the military.

Roping – surveillance of other things, events, and activities.

Surveillant – a person who conducts surveillance activities.

Safe house – is a place, building, enclosed mobile, or an apartment, where police undercover men meet for debriefing
or reporting purposes.

Surveillance Plan – a plan established as required according to type of personnel, and the general and specific
instructions for surveillance.

Drop – any person is a convenient, secure and unsuspecting place where police undercover men meet his action
agent for debriefing or reporting purposes.

Decoy – a Cover supporting the surveillant who can become a convoy whenever surveillant is burned.

Contact – any person whom the subject picks or deals with while he is under observation and identifies the observer.

Area Target Study – refers to the area of operation of surveillance activities.

Subject – is the person, places or things being surveyed/watched.

213
 Types of Surveillance
1. Discreet – subject person to be watch is unaware that he is under observation
2. Close – subject is aware that he is under observation varied on each occasions
3. Loose – applied frequently or infrequently, period of observation varied on each occasion.

Document Security Classification:

1. Restricted Matter – Information and material (matter), which requires special protection other than that
determined to be Top Secret, Secret or Confidential.
2. Confidential Matter – Information and material (matter) the unauthorized disclosure of which, without
endangering the national security, would be prejudicial to the interest or prestige of the nation or any
government activity or would cause administrative embarrassment or unwarranted injury to an
individual or would be advantage to foreign nation.
3. Secret Matter – Information and material (matter) the unauthorized disclosure of which would endanger
national security, cause injury to the interest or prestige of the nation or of any government activity or
would be of great advantage to foreign nation.
4. Top Secret Matter – Information and material (matter) the unauthorized disclosure of which would
cause exceptionally grave damage to the nation, politically, economically, or from a security aspect. This
category is reserved for the nations closed secrets and is to be used with great reserve.

Document classification According to its Reliability

Reliability Accuracy
A – Complete Reliable 1 – Confirmed
B – Usually Reliable 2 - Probably True

C - Fairly Reliable 3 - Possibly True

D - Not Usually Reliable 4 - Doubtfully True

E - Unreliable 5 - Improbable
F - Cannot be Judged 6 - Cannot be Judged

Axiom – is established principle, which is universally accepted, a statement of self –evident truth.

Processing of Information consists of the following operation:

1. Recording
2. Evaluation
3. Interpretation

Recording – is reducing the information to writing.

1. Police log book 5. Journal

2. Intel –work sheet 6. Intel files

3. Situation maps 7. Rouge gallery

4. MO files 8. Other files

Intelligence Journal – is a permanent, official and chronological recording of events, incidents, information,
activities being undertaken by an intelligence

214
 Intelligence worksheet – this is a recording device wherein different information are entered and collated in
preparation for its final processing.

Situation Map – this is a map of the area, place, or target where indicators are made depending on the needs of
the unit making it.

Intelligence File – this is the compilation of file of different reports received by the units.

Collection – is the gathering, assembling, and accumulation, securing, getting, and obtaining all available
information.

Evaluation – is the critical appraisal of an item of information to determine its pertinences, reliability of the
sources of agency, the accuracy of the information.

Analysis – is the shifting, isolation or separation of some elements in the information, which have significance to
the objective.

Integration – is the combining of the elements which were isolated in analysis and other known information in
order to form a logical picture or theory.

Interpretation – Determine the significance of the information in relation to what is already known and it draws
a conclusion as the probable meaning of the evaluated information.

Criteria that must be observed in dissemination are;

1. Timeliness – must reach the users in time to be of value.
2. Propriety – the messages must be clear, concise and complete, as well as in the proper form for the receiver
to readily understand its contents.

Interrogation – the systematic asking of questions to elicit information in the minimum of time.

Interrogator – person who does the questioning

Interrogee – any person who is subjected to the interrogation process in any of its form and phases

Suspect – any person believed to be associated with prohibited activity

Source – a person who for any reason submits information of intelligence interest usually on a voluntary basis.

Debriefing – the interrogation of a friendly interrogee who has information at the direction of or under the control of the
friendly intelligence service.

- a form of eliciting information, which is generally used when the area of intellectual
capability of the interrogee is known.
Interview – this is similar to debriefing; although it is less formal and the interrogee is not necessarily under the
control or employment of the respective intelligence services.

Interrogation Report – this is an oral or written statement of information by means of questioning an interrogee.

Cryptology – is the science dealing with the disguised or secret communication and is concerned with the
methods and devices employed to camouflage communications (or even their existence) and to penetrate such
communications contrived by others.

The Different Terms Used in Cryptology is as follows;

1. Code – is a system of words or other symbols arbitrarily used to represent words. Code system.
2. Cipher – is a method of writing which substitutes other letters or characters for the letters intended (substitution
cipher), or transposes letters after arranging them in blocks or squares (transposition cipher)
3. Cryptograph – is the act or science, which treats the various means and methods for rendering plain text
unintelligible, and reconverting unintelligible language by means other than cryptanalysis. The product of
cryptography is known as CRYPROGRAMS or secret text.
4. Cryptanalysis – is the process of converting cryptograms (usually of hostile origin) into plain text without the key
from a code mark.

215
5. Plain Text – the message that will be put into secret form. Usually the plain text is a native tongue of the
communicator.
6. Encipher – is to convert the plain text messages into unintelligible language by means of a cipher system.
7. Encode – is to convert the plain text messages into unintelligible language by means of a cipher code system.
8. Encrypt – is to convert the plain text messages into unintelligible form by means of a cryptosystem.
9. Decipher – is to convert an enciphered message into its equivalent or original plain text by means of code
system.
10. Decode – is to convert the encoded message into its equivalent plain or original plain text by means of a cipher
system.
11. Decrypt – is to convert a cryptogram into plain text by reversal of the encryption process.
12. Key – is a symbol or sequence of symbols applied to text to encrypt or decrypt.
13. Cipher System – is a system, which is involved with either transposition or substitution or a combination of the
two.
14. Transposition Cipher System – these systems are like jigsaw puzzle in that all the places of the whole original
text are present but are merely disarranged.
15. Substitution Cipher System – is a system involving the treatment of individual letters or pairs of letters of the
clear text.
16. NULI(s) – is a letter or are letters having so significance which are inserted as fillers, nulls or dummies are use to
complete the a system or geometric design or to complete five letter groups for transmission.
17. Traffic Analysis – is the careful inspection and study of signal communication for the purpose of penetrating
camouflage communication network for the purpose of security.
18. Brevity Codes – is a prearrange system of words symbols, numbers or specific arrangement of them which are
used to represent other words or sentences.

Modus Operandi – is the characteristic way a criminal commits a specific type of crime. It is also known as
MODE OF COMMITTING a certain crime.

POLICE PERSONNEL AND RECORDS MANAGEMENT

MANAGEMENT
Management pertains to the utilization of available resources in an organization to achieve its organizational
objectives. It also refers to the process of directing and facilitating the work of people organized in formal
groups in order to achieve a desired goal. It is concerned in placing the right people on the right job and in
maintaining a satisfied work force.

ELEMENTS OF MANAGEMENT

1. Authority – is the right to command and control the behavior of employees in lower positions within an
organizational hierarchy. A particular position within an organization carries the same regardless of who
occupies that position.

SOURCES OF MANAGEMENT AUTHORITY

1. Law
2. Tradition
3. Delegation

2. Responsibility – means that the management shall be held accountable for whatever result that may
arise in the exercise of authority. Thus, responsibility limits the exercise of one’s authority.
Command Responsibility -is the doctrine that imposes commensurate accountability to one who is
vested with management and leadership functions.

ADMINISTRATION
- is an organizational process concerned with the implementation of objectives and plans and internal
operating efficiency. It connotes bureaucratic structure and behavior, relatively routine decision
216
 making and maintenance of the internal status quo.
-
MANAGEMENT OR ADMINISTRATIVE FUNCTIONS

1. PLANNING - refers to the determination in advance of how the objectives of the organization will be attained.

2. ORGANIZING - involves the determination and allocation of the men and women as well as the resource of
an organization to achieve pre-determined goals or objectives of the organization.

3. DIRECTING - involves the overseeing and supervising of the human resources and the various activities in an
organization to achieve through cooperative efforts the pre-determined goals or objectives of the organization.

4. STAFFING - the task of providing competent men to do the job and choosing the right men for the right job.
It involves good selection and processing of reliable and well-trained personnel.
5. CONTROLLING - involves the checking or evaluation and measurement of work performance and comparing
it with planned goals or objectives of the organization, and making the necessary corrective actions so that work
is accomplished as planned.

6. REPORTING - the making of detailed account of activities, work progress, investigations and unusual in order
to keep everyone informed or what is going on.

7. BUDGETING - the forecasting in detail of the results of an officially recognized program of operations based
on the highest reasonable expectations of operating efficiency.

Scientific Management
- proposed by Frederick Taylor
Under this theory, workers are motivated by economic rewards and that if they are paid commensurate
to work being done they produce maximum amount of work. This management theory entails that good salary
and incentives must be given to workers to ensure their hard work, innovative action and good will.

THEORY X AND Y
This behavioral science approach was introduced by D. McGregor. Theory X assumes that people have little
ambition, dislike work, and must be coerced in order to perform satisfactory. Theory Y assumes that people do
not inherently dislike work and if properly rewarded, people will perform well on the job.

POLICE PERSONNEL MAMANGEMENT

- the art of preparing, organizing and directing the efforts of members of a police force in order
that they may achieve the accomplishment of the police purpose. The primary objective of an
effective police personnel management is the establishment and maintenance for the public service
of a competent and well-trained police force.

FUNCTIONS OF POLICE PERSONNEL MANAGEMENT

1. Police Personnel Planning – study of the labor supply of jobs which are composed of the demands for employees
in an organization to determine future personnel requirements which either increase or decrease.

2. Police Recruitment – is the process of encouraging police applicant form outside an organization to seek
employment in an organization. It consists of developing a recruitment plan, recruitment strategy and maintaining a
list of qualified applicants.

3. Police Screening/Selection – the process of determining the most qualified police applicant for a given position in
the police organization.

4. Police Placement – the process of making police officers adjusted and knowledgeable in a new job and/or
working environment.
217
5. Police Training and Development – refers to any method used to improve the attitude, knowledge and skill or
behavior pattern of an employee for adequate performance of a given job.

6. Police Appraisal – process of measuring the performance of people in achieving goals and objectives. Also
known as Performance Evaluation System

7. Police Compensation – constitute the largest single expenditure for most organizations

RECRUITMENT
- the process of attracting candidates who have maximum qualifications to be eligible for selection procedure.
It is the process of searching the candidates for employment and stimulating them to apply for jobs in the
organization.

SELECTION
- the process of screening out or eliminating undesirable applicants who do not meet the organization’s
criteria.

In the Philippine National Police, the recruitment and selection of applicants who will be appointed to
the police service is the responsibility of the Directorate for Personnel and Records Management (DPRM). DPRM
is tasked in the management of PNP uniformed and non-uniformed personnel as individuals, manpower
procurement and control and in the records management of the organization.

SCREENING COMMITTEE
- responsible for the widest dissemination of vacancies in their respective areas, the evaluation of the
applicant’s qualifications and the selection of the most qualified applicants to be recommended for
appointment to the police service.
- established at the NHQ, NSU’s and PRO’s.

NATIONAL SUPPORT UNIT (NSU) SCREENING COMMITTEE:

Chairman: Deputy Director for Administration of the respective National Support Unit/ the Deputy Director General
for Administration.
Vice Chairperson: Senior NAPOLCOM official with Salary Grade 24 or higher which shall be designated by the Vice
Chairperson and Executive Officer of the NAPOLCOM.

Members:
1. National Peace and Order Council (NPOC) member designated by the NPOC Chairman;
2. Private Sector representative designated by the NPOC Secretary General; and
3. Women’s representative from private sector with known probity designated by the NSU Director.

Secretariat: Assistant Director for Personnel and Records Management (ADPRM) / Human
Resource Management Officer (HRMO)

POLICE REGIONAL OFFICE (PRO) SCREENING COMMITTEE

Chairman: Deputy Regional Director for Administration

Vice Chairperson: Senior NAPOLCOM official with Salary Grade 24 or higher which shall be designated by the
NAPOLCOM Regional Director

Members:
1. Regional Peace and Order Council (RPOC) member designated by the RPOC Chairman;
2. Senior Regional DILG Officer designated by the DILG Regional Director;
3. Women’s representative from private sector with known probity designated by the PNP Regional
Director.

218
 Secretariat: Chief, Regional Personnel on Human Resource and Doctrine Development (RPHRDD)

PNP RECRUITMENT PROCEDURE (NAPOLCOM M.C. No. 2007-009)

1. Preparation and proper approval of quota allocation
The PNP shall prepare, through the Directorate for Personnel and Records Management (DPRM) and submit it
to the NAPOLCOM for approval of the PNP annual recruitment quota.

2. Posting and publication of Notice of Recruitment

The Notice of Recruitment shall include the following data for the information of prospective applicants:
1. quota for the city/municipal police station;
2. vacancies are open to both male and female applicant;
3. general qualification standards;
4. documentary requirements;
5. where to submit the application papers and documents;
6. deadline for submission; and 7. schedule of screening/evaluation.

3. Submission of the application folders

4. Selection and evaluation process by the PNP Screening Committee
5. Psychiatric/Psychological Examination (PPE)
6. Complete Physical, Medical and Dental Examination (PMDE)
7. Physical Agility Test
8. Final Committee Interview
9. Certification by the NAPOLCOM and attestation by the Civil Service Commission 10. Issuance of appointment
order and oath taking

The final evaluation includes the sequential conduct of the following examinations, test and interview:

1. Psychiatric/Psychological Examination (PPE) – to exclude applicants that may be suffering from any mental
disorder. It shall be administered to all applicants under the supervision of the PNP Medical Officer and
NAPOLCOM Representative. Only those applicants who passed the PPE shall proceed to the next stage, the
Physical, Medical and Dental Examination (PMDE).

2. Complete Physical, Medical and Dental Examination (PMDE) – this test shall determine whether or not the
applicants are in good health and free from any contagious diseases. It shall be conducted by the PNP Health
Service under the supervision of the PNP Medical Officer and NAPOLCOM Representative. Applicants who passed
the PMDE shall be indorsed for the conduct of the Physical Agility Test (PAT).

3. Physical Agility Test (PAT) – this test shall determine whether or not the applicant possesses the required
coordination, strength and speed of movement necessary in the police service. The PAT consists of the
following:
- Pull-up for Men; Horizontal Bar Hang for Women;
- Two (2) Minutes Push-ups;
- Two (2) Minutes Sit-ups; - 100 meter dash; and - 100 meter run.

4. Final Committee Interview (FCI) – it shall determine the applicants’ aptitude to join the police service,
likableness, affability, outside interest, conversational ability, disagreeable mannerisms, etc.

The drug test (DT) shall not follow the sequential steps but shall be conducted on passers only anytime
after the PPE, PMDE, or PAT but before the Final Committee Interview. It shall be administered by the PNP Crime
Laboratory. The conduct of the Physical Agility Test (PAT) and Neuro-Psychiatric (NP) examination shall be
simultaneous nationwide to prevent a retake in another place of said tests by applicants who initially failed on
the same.

219
 The complete Character and Background Investigation (CBI) shall be conducted on all PPE passers and must be
completed before the start of the Final Committee Interview. The complete CBI shall determine their reputation
and possible involvement in any questionable or criminal activities or violent incidents.

NAPOLCOM PARTICIPATION IN THE PNP RECRUITMENT AND PROMOTION PROGRAMS

NAPOLCOM representatives to the PNP Recruitment Screening Committees are actively involved in the
recruitment and selection process including interview of applicants, the PNP Neuro-Psychiatric Examinations,
Physical/Medical and Dental Examination, Physical Agility Test (PAT) and Drug Test.
There are also NAPOLCOM Representatives to the following PNP Promotion Boards:
1. PCO Promotion Boards;
2. PNCO Promotion Boards; and
3. Lateral Entry Board

POLICE TRAINING
- is a means of providing knowledge and skill to police officers which are needed in the performance of their
functions. It is the objective of police training to bring the police force to the desired standards of discipline and
efficiency by making each police officer fully aware of his duties and responsibilities and by providing him with a
working knowledge of police procedures and techniques.

TYPES OF POLICE TRAINING PROGRAM

1. Basic Recruit Training – is the most basic of all police training. It is a pre-requisite for permanency of
appointment and is required for newly hired police officers. In the Philippine National Police, a newly appointed
Police Officer 1 is required to undergo a Public Safety Basic Recruit Course (PSBRC) as a basic recruit training.

2. Field Training Program (FTP) – or on-the-job training is the process by which an individual police officer who is
recruited into the service receives formal instruction on the job for special and defined purpose and performs actual
job functions with periodic appraisal on his performance and progress.
As provided for under R.A. 8551, police officers are required to undergo a Field Training Program for twelve
(12) months (inclusive of the PSBRC) involving actual experience and assignment in patrol, traffic and
investigation which is required for permanency in the police service.

EXCEPTION FROM FIELD TRAINING PROGRAM

Under Section 33, R.A. 6975, PNPA Graduates shall be automatically appointed to the initial rank of Inspector via
Lateral Entry.
Taking into consideration that the PNPA Cadetship Program is a four-year course that includes academic
subjects on core police functions such as patrol, traffic and criminal investigation, and on-the-job training in
urban and rural areas, PNPA graduates are exempted to undergo the FTP and that they shall be issued with a
permanent status.

3. In-Service Training Program – or refresher training program.

The following are examples of in-service training programs as mandatory requirement for promotion:
1. Junior Leadership Training – PO1 to PO3
2. Senior Leadership Training – SPO1 to SPO4
3. Police Basic Course (PBC) –for senior police officers
4. Officers Basic Course (OBC)– Inspectors to Chief Inspectors
5. Officers Advance Course (OAC) – for Chief Inspectors to Senior Superintendent
6. Officers Senior Executive Course (OSEC) – Superintendent and above
7. Directorial Staff Course (DSC) – for Directors and above

4. Departmental Training Program

a. Roll-Call Training – instructional courses of several hours a day concerning departmental
activities
b. Supervisory Development, Specialized or Technical Training – seminars or special sessions on
criminal investigation, traffic, drug control, etc
220
 c. Training conducted by other law enforcement units or agencies

POLICE ASSIGNMENT
Police assignment refers to the process of designation a police officer at a particular function, duty or
responsibility. The very purpose of police assignment is to ensure systematic and effective utilization of all the
members of the police force.
Police Officer 1s, specifically those who were recruited under the attrition recruitment program, after
undergoing the required Field Training Program (FTP), shall be assigned with the Regional/Provincial/City Public
Safety Battalion/Company of their place of recruitment for a maximum period of two (2) years.
After their assignment with the Regional/Provincial/City Public Safety Battalion/Company, they shall be
downloaded/assigned to their respective city/municipal police stations where they were recruited.

THE PNP PROMOTION SYSTEM

Promotion is defined as the upward movement from one classification or rank to another carrying higher
benefits and more responsibility. It is the upgrading of ranks and/or advancement to a position of leadership.

KINDS OF PROMOTION
1. Regular Promotion - promotion granted to police officers meeting the mandatory requirements for
promotion.
2. Special Promotion – promotion granted to police officers who have exhibited acts of conspicuous
courage and gallantry at the risk of his/her life above and beyond the call of duty.
3. Promotion by Virtue of Position Any PNP personnel designated to any key position whose rank is lower
than that which is required for such position shall, after six (6) months of occupying the same, be
entitled to a rank adjustment corresponding to the position.

PERFORMANCE EVALUATION
- refers to the process of measuring the performance of PNP members. It is also known as “performance
evaluation system”. The Performance Evaluation System in the PNP is focused on two (2) areas: administrative
(40%) and operational (60%). It is conducted every six (6) months or twice a year.

FREQUENCY OF RATING
The frequency of the individual performance shall be undertaken every six (6) months. Evaluation report
covering the period of January to June shall be submitted on the 1 st week of July and the report from July to
December shall be submitted on the 1st week of January of the succeeding year.

PURPOSES OF PERFORMANCE EVALUATION

1. Serves as guide for promotion, salary increase, retirement and disciplinary actions.
2. Increases productivity and efficiency of police works
3. Assimilates supervision
4. Informs the officer of the quality of his work for improvements

WELFARE AND BENEFITS IN THE PNP

The uniformed members of the PNP are considered employees of the National Government and shall draw their
salaries therefrom. The salary of a Police Officer 1 of the PNP is equivalent to a salary of a public school teacher
1 with salary grade scale of 10 under existing laws as of year 2012.
The PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid
financial incentive by the local government unit concerned subject to the availability of funds.

LONGEVITY PAY AND ALLOWANCES

A uniformed personnel of the PNP is entitled to a longevity pay of ten percent (10%) of basic monthly salaries
for every five (5) years of service, which is reckoned from the date of the personnel's original appointment in
the AFP, or appointment in the police, fire jail or other allied services to the integration of the PC and the INP.

221
 The totality of such longevity pay should not exceed fifty percent (50%) of the basic pay. It should also
continue to enjoy the subsistence allowance, quarter’s allowance, clothing allowance cost of living allowance,
hazard pay, and all other allowances as provided by existing laws.

The total earnings of a police officer consist of the following:

1. Base pay;
2. Longevity pay;
3. Personnel Economic Relief Allowance (PERA);
4. Incentive pay;
5. Hazard pay;
6. Subsistence allowance;
7. Quarter allowance;
8. Additional compensation;
9. Clothing allowance;
10. Laundry allowance; and
11. Gratuity

PERMANENT PHYSICAL DISABILITY

Total Permanent Physical Disability refers to any impairment of the body which renders PNP member indefinitely
incapable of substantially performing the mandated duties and functions of his positions.
- entitled to one year's salary and to lifetime pension equivalent to eighty percent (80%) of his last salary, in addition to
other benefits as provided under existing laws.

RETIREMENT PROGRAM
Retirement is the separation of the police personnel from the service by reason of reaching the age of
retirement provided by law, or upon completion of certain number of years in active service
A PNP uniformed personnel shall retire to the next higher rank for purposes of retirement pay.
Active Service shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP

TYPES OF RETIREMENT IN THE PNP

1. Compulsory retirement – separation from the PNP upon reaching the age of fifty-six (56), the compulsory age
of retirement.
2. Optional Retirement - separation from the PNP upon accumulation of at least twenty (20) years of
satisfactory active service.

RETIREMENT BENEFITS
The PNP member who has been retired from the service is entitled to a monthly retirement pay of fifty percent
(50%) of the base pay and longevity pay of the retired grade in case of twenty (20) years of active service,
increasing by two and one-half percent (2.5%) for every year of active service rendered beyond twenty (20)
years to a maximum of ninety percent (90%) for thirty-six (36) years of active service and over.

Part II
POLICE RECORDS MANAGEMENT

Record refers to the information whether in its original form or otherwise including documents, signatures, seals,
texts, images, sounds, speeches or data compiled, recorded or stored, as the case may be:
1. in written form on any material;
2. on film, negative, tape or other medium so as to be capable of being reproduced; or
3. any means of recording device or process, computer or other electronic device or process.

RECORD MANAGEMENT
- refers to the managerial activities involved with respect to the record creation, record maintenance,
and use, transmission, retention, and record disposition in order to achieve adequate and proper

222
 documentation of policies and transactions of government for its efficient, effective and economical
operation.

RECORDS CYCLE
- also known as “birth-through-death cycle”
- the life span of records from creation to final disposition:

1. Birth or Creation – the period during which the record is created or comes into existence.

2. Records Maintenance and Use refers to the period when the records serve its purpose:
a. Active Life – during which the record is maintained, used and controlled
b. Inactive Life – the time when the record is very rarely or no longer referred to and must be
transferred to a cheaper place. These records have already served their purpose but must be
kept for legal requirement or other compelling reasons.

3. Classification – records are classified for filing purposes.

4. Storage – refers to the filing of records according to classification.
5. Retrieval – the act of taking out of record from the storage for reference purposes.
6. Purging or Retention – the act of determining if the record is for retention or ready for disposal.
7. Transfer – the process of moving the record from one storage to another.
8. Archival Storage or Records Disposition – the systematic transfer of non-current records from the office
to any storage area or archives for long term storage, the identification of preservation of permanent
records and the destruction of valueless records.

CLASSIFICATION OF RECORDS
A. According to Period of Retention:
1. Permanent Record – to be kept for not less than ten (10) years
2. Semi-Permanent – to be kept for five (5) years
3. Temporary – no specified period but usually less than (5) years.

B. According to Importance or Essentiality:

1. Vital Records – are records that are irreplaceable, but can be reproduced.
2. Important Records – records that can be reproduced after considerable delay.
3. Useful Records – records that would cause inconvenience if lost but could be readily replaced.
4. Non-essential Records – records that are previously determined by retention schedule to be illegible for
destruction.

C. According to Phases of its Life Cycle

1. Current Phase (Current or Active Records) - records that are regularly used and maintained.
2. Semi-current Phase (Semi-current Records) - records that are still used but only infrequently.
3. Non-current Phase (Non-current or Inactive Records) - records that are no longer used.

TYPES OF POLICE RECORDS

1. Case Records – it is the heart of any police records system . It serves as the basis for an analysis of offenses
and the methods by which they are committed.

a. Complaint Sheet – it is the foundation record of the police department . It reflects all information regarding
complaints and reports received by the police from citizens and other agencies or actions taken by the police.

b. Investigative Report – it contains the findings and actions taken by the investigating officer based on the
inquiries made and by obtaining the available facts of the incident.

223
 1. Initial or Advance Report – is an advance information on a new or fresh case. It is written and
submitted immediately after having conducted the initial investigation of the case.

2. Progress or Follow-up Report – it is the result of the follow-up investigation of a new or fresh case. It is
written and submitted every time or whenever any development or progress is accomplished in the
follow-up investigation.

3. Final or Closing Report – is a complete written narration of facts based on an exhausted investigation of
the case. It is the result of evaluated, summation, analysis of all facts and circumstances of the case.
This is written and submitted whenever the case is solved and closed. A case is solved and closed when
the offender was arrested; evidence against him was completely gathered to warrant prosecution and
witness located to testify in the trial.
4. Technical Report – a report on the laboratory examination of the physical evidence gathered in order to
supplement the findings of the investigator.
5. Accident Report – an investigation report regarding an accident which includes vehicular accident and
damage to property.

6. Wanted Persons Report – a report on persons who are wanted by the police.

7. Daily Record of Events – a record needed to keep all members of the police force informed concerning
police operations, assignments, and administrative functions.

2. Arrest and Booking Records – these records maintain the arrest and jail booking report which is required for all
persons arrested.
a. Arrest Report – it contains the information regarding the full name of the offender, charges and
circumstances of arrest.
b. Booking Report – it contains the list of the prisoners in custody which indicates the status and
disposition thereof.
c. Prisoner’s Property Receipt - contains all the information regarding the property taken from the prisoner
and accomplish in duplicate.

3. Identification Records – third major division of police records. It provides identification criminals which includes
names, physical characteristics and in some cases photograph.
a. Fingerprint Record – heart of any identification system.
1. Civilian Fingerprint
2. Alien Fingerprint
b. Criminal Specialty/Modus Operandi (MO) File – contains photographic record of the modus operandi of
criminals

4. Administrative Records – essential in administering personnel matters and designed to aid in assignment, promotion,
and disciplinary action of personnel.
1.Personnel Records
2.Correspondence File
3.Memoranda, Orders, Policy Files
4.Assignment Record

5. Miscellaneous Records – these are records which are not related to the recorded complaints and investigation reports
but are essential to the daily police activities.

FILING SYSTEM
1. Alphabetical – all materials are filed in dictionary order. It is the most widely used form of filing.

2. Encyclopedic Order – the subjects are grouped into major headings, individual folders are filed in alphabetical order
behind each heading.

224
3. Chronological Order – folders are arranged by sequential date order. It is useful for records that are created and
monitored on a daily basis.

4. Geographical – files are arranged alphabetically by geographical name of the place.

5. Numerical – assigning of numerical value or number into a specific file which can be managed through the following
system:
a. Serial Number
b. Digit Filing

6. Centralized Filing – places all record series in one central location in an office. Most useful when the majority of
individuals within an office require access to majority of files

7. Decentralized Filing – it physically locates record series in different places within an office. Most useful when only one
individual requires access to a specific record series.

THE PHILIPPINE NATIONAL POLICE PERSONNEL

RECORDS MANAGEMENT

As provided in the PNP Personnel Records Management Manual of 2008, the PNP shall establish a centralized
records management system and create, maintain, protect and preserve records both in physical and electronic
form.

RECORDS MANAGEMENT DIVISION (RMD)

The Records Management Division (RMD) was established to oversee the records management functions of the
DPRM. The RMD shall develop, coordinate and implement PNP-wide programs, policies and procedures for
creation, usage, maintenance, storage and disposition of personnel records. The RMD is headed by a division
chief with a rank of Police Senior Superintendent and assisted by an assistant division chief with a rank of
Superintendent.

RECORDS CREATION
Records creation refers to the act of exchanging written ideas between two (2) sources. At this point, the life of
the record begins. However, due to the fast pace at which the records of PNP personnel are created, and the
cost involved in maintaining them, a control system is necessary.

THE PNP PERSONNEL FILE (PPF)

The PNP Personnel File which is also known as 201 File is a folder containing a set of personal records and
information pertaining to an individual member of the PNP, which serves as basis in availing of service record,
leave record, PNP ID, legal beneficiaries, authentication of photocopies, etc.

The color of the folder for the PPFs shall be as follows:

a. Red, for Police Commissioned Officers (PCO);
b. Blue, for Police Non-Commissioned Officers (PNCO)
c. Green, for Non-Uniformed Personnel (NUP)

RECORDS MAINTENANCE
Records maintenance refers to the activities involving proper handling of records, arranging them into usable
filing sequence, using the most efficient type of filing equipment.

RECORDS DISPOSITION
Records Disposition is the systematic transfer on non-current records from an office to any records storage
area, the identification and preservation of permanent records and the outright destruction of valueless records.
No PNP personnel or units/offices shall dispose of, destroy or authorize the disposal or destruction of records or

225
PPFs which are in the custody or under its control except with the prior written authority of the Executive
Director, National Archives of the Philippines (Section 18, R.A. 9470).
Any PNP personnel who, willfully or negligently, damages a police record or disposes of or destroys a police
record shall be deemed to have committed an offense.

RECORDS SECURITY AND PROTECTION

- refers to the preventive and preventive and protective measures and actions undertaken in order to safeguard
records/documents in all government agencies from unauthorized and indiscriminate disclosure, damage,
destruction and loss, whether records are filed in current of non-current storage area.

PROTECTION OF RECORDS
1. Duplication – records shall be created with additional copies or duplicates depending on the needs and
circumstances.
2. Dispersal – records shall be distributed without additional copies or duplicates.
3. Vaulting – vital records shall be stored in a vault.
4. Evacuation – original and older records considered to be vital shall be transferred to a secure location.

RECORDS PROTECTION LEVEL

1. Vital – or “top protection priority”, consists of all essential records considered as mission critical and
irreplaceable.
2. Important – or “second protection priority”, consists of all documents still considered as essential but
could be replaced or recreated.
3. Useful – or “lowest protection priority”, consists of all other documents considered to be non-essential to
normal operations but inconvenient when lost.

(3)
CRIMINALISTICS

226
 PERSONAL IDENTIFICATION

Criminalistics
Is the application of the principles of various sciences in solving problems in connection with the administration
of justice.
Also referred to as Forensic Science or Police Science.
The word forensic was derived from the Latin word “Forum” which means a “market place”, a place where
people gathered for “public discussion” . When it is used in conjunction with other sciences it simply connotes
the idea of application to law or for the administration of justice. Sometimes it is also referred to as “legal”.

Dr. Hans Gross = An Australian magistrate to described Search for Truth as the ultimate goal of all investigative
and detective works. He is known as the Father of Modern Criminalistics.

A. PERSONAL IDENTIFICATION
“Law of Multiplicity of Evidence” The greater number of similarities or dissimilarities; the greater is the
probability for the conclusion to be correct.
Alphonse Bertillion = Father of Personal Identification. The first to devise a scientific method of identification
called Anthropometry.
A fingerprint was first used in China before the birth of Christianity. They called it Hua Chi.

I. Personalities in Fingerprints:
1. Nehemiah Grew (1684) – describes the ridges and pores of the hands and feet (Philosophical Transaction)
presented in Royal Society of London, England.
2. Govard . Bibloo – works on the sweat pores and ridges.
3. Marcelo Malpighi (1628-1694) – Professor at the University of Bolognia, Italy, known for his discovery of
the Epidermis and Dermis layer. Written the book entitled “De Externo Tactus Organo” Father of
Dactyloscopy.
4. J.C.A. Mayer (1788) – the first to state that fingerprints are never duplicated in two persons ( Anatomiche
Kuphertafeln).
5. Johannes Purkenjie (1823) – Professor at the University of Breslau, Germany. Established a certain role for
classification and be able to identify nine (9) types of pattern although never associated to identification
6. Herman Welcker – took his own fingerprints twice with a lapse of forty-one years and show the ridges
formation remains the same.
7. William Herschel – the first to advocate the use of fingerprints as substitute for signature from among
Indian native to avoid impersonation.
Rajadhar Konai = the first person Herschel printed the palm.
8. Henry Faulds – A surgeoon at Tsukuji Hospital, Tokyo, Japan, who claimed that latent prints would provide
positive identification of offenders once apprehended ( A Manual of Practical Dactyloscopy).
9. Francis Galton – Developed the Arch. Loop and Whorl Patterns as general classification and identified nine
(9) types of pattern. First to establish a Civil Bureau of Personal Identification. He said that the possibility of
two prints being alike was 1:65,000,000,000.
10. Edward Richard Henry – Developed the Henry System of Classification at Scotland Yard which was accepted
by almost all English-speaking country. Known as Father of Fingerprint.
Khan Bahadur Azizul Haque and Rai Hem Chandra Bose – the two Hindu police officers who have help
Henry in attaining his goal.
11. Juan Vucetich – A Spanish counterpart of Henry who developed his own system of classification in
Argentina and was accepted in almost all Spanish Speaking country.

IN AMERICA
Gilbert Thompson = a geologist in New Mexico, adopted the first individual use of fingerprint in august 8, 1882
as a protection to prevent tampering with the pay order.
Isaiah West Tabor = Photographer in San Francisco who advocated the use of the system for the registration
of the immigrant Chinese.
Samuel Langhorne Clemens = An Englishman who informally introduced Dactyloscopy in the United States in
his book “ Life in the Mississippi” and “ Pupp n Head Wilson”.
227
 Francis Galton
Dr. Henry p De Forest = Utilized the first Municipal Civil use of fingerprint for Criminal Registration on
December 1902 (Mun. Civil Service Comm., New York).
Capt. James L. Parke = Advocate the first state and penal use of fingerprint adopted in SingSing prison on
June 5, 1903 later on Auburn Napanoch and Clinton Penitentiaries.
Sgt. John Kenneth Ferrier = First fingerprint instructor at St. Louis Police Dept. Missouri.
Maj. R. Mc Cloughry = warden of the Federal Penitentiaries of Leaven Worth. Established the first official National
Government use of fingerpprint.
Mary K. Holand = first American instructress in dactyloscopy.
FBI = identification unit herein was officially established by an act of congress in 1924.
Institute of Applied Science = First private school to install laboratories for instruction purposes in dactyloscopy.
People vs. Jennings, Dec. 21, 1911 = United States leading case wherein the first conviction based on fingerprint was
recognized by the judicial authorities (14 points).

IN THE PHILIPPINES
Mr. Jones = one who first taught FP in the Phils. (1900)
Bureau of Prison = (1968) CARPETAS fingerprint was used.
Generoso Reyes – First Filipino Fingerprint Technician employed by P.C.
Isabela Bernales – first Filipina Fingerprint Technician
Capt. Thomas Dugan, New York Police Dept. and Flaviano Guerrero, FBI Washington – gave the first
examination in FP in 1927 and Agustin Patricio of the Phils. Top the Examination People of the Phils. Vs. Medina-
First conviction base on Fingerprint and leading case decision in the Phil. Jurisprudence (10 points).
Plaridel Education Institute (PEI) now known as Phil. College of Criminology, first government recognized school to
teach the Science of Fingerprint and other Police Sciences.
John Dellinger – known U.S. public enemy number one who attempt to destroy his own prints using corrosive
acids. Robert James Pitts – works on Surgery to forged his own fingerprints and was named “Man without
fingerprint” Lucila Lalu – the first Filipina Chop-chop lady who was identified through fingerprint.
Alphonse Bertillion – known as the Father of the first scientific method of Identification (Anthropometry)

DACTYLOSCOPY
Definition
Dactyloscopy – (derived from the Latin words Dactyl = finger and Skopien – to study or examine) is the practical
application of the science of fingerprints.
Dactylography – is the scientific study of fingerprint as a means of identification.
Dactylomancy – is the scientific study of fingerprint for purposes of personality interpretation.
Dermatoglyphics = is the science which deals with the study of skin pattern. It is derived from two Greek words,
Derma which means Skin and Glype which means Carve.

Basic Principles of Fingerprint

1. Individuality
No two persons have the same fingerprint (based on Statistic Probability)
2. Infallibility
That fingerprint is a positive and reliable means of identification. It cannot be easily be
forged. 3. Constancy or permanency
That the friction ridge once fully developed its arrangement will remains the same throughout man’s life.

Fingerprints
Is an impression design by the first joint of the fingers and thumb on smooth surface through the media of ink, sweat
or any substance capable of producing visibility.

Related Sciences to the Study of Fingerprint:

1. Chiroscopy – ( Greek word “ Cheir” – a hand, “Skopien” –to examine) is the science which deals with the study
of the prints of the palms of the hand.

228
2. Podoscopy – ( Greek word “Podo” – the foot, and Skopien – to examine)is the science which deals with the
study of the footprints.
3. Poroscopy – (Greek word “poros” – a pare, and “Skopien” – to examine) is the scientific study of the
arrangement of the sweat pores. (Edmond Locard- Father of Poroscopy)

Phalange = is the skeletal finger covered with friction skin. It is made up of three bones.
a. Basal or proximal phalange – it is located at the base of the finger nearest the palm.
b. Middle phalange = the next and above the basal done.
c. Terminal phalange = the particular bone covered with friction skin, having all the different types of
fingerprint patterns and it is located near the tip of the finger.

Friction Skin – is an epidermal hairless skin found on the ventral or lower surface of the hands and feet covered
with ridges and furrows.(Also called as Papillary skin).
Components of the Friction Skin
1. Ridge surface
a. Ridge – the elevated or hill like structure/ the black lines with tiny white dots.
b. Furrow – the depressed or canal like structure/ the white space between ridges.
2. Sweat pores – the tiny opening/ the tiny white dots.
3. Sweat duct – the passage way.
4. Sweat glands – the producers of sweat.

Fundamental Layers of the Friction Skin

1. Epidermis – the outermost layer
a. Stratum Corneum,
b. Stratum mucosum
2. Dermis – the inner layer containing the blood vessel, dermal papillae, various glands and nerves.

Ridge Formation – (Ridges starts to form in the fingers and thumb during the 3 rd to 4th months of the fetus life.)
Dermal Papillae = are irregular pegs composed of delicate connective tissue protruding and forming the ridges
of the skin on the fingers, palms, toes and soles of the feet.
Ridge Destruction – destruction of the friction skin can either be temporary or permanent. Generally
temporary destruction occur when only the epidermis layer of the friction skin has been damage, while
permanent damage can be injected to the friction skin due to damage to the dermis layer.

General Rules on Ridge Destruction

a. Destruction of the Epidermis – temporary, dermis – permanent damage.
b. Cut == a depth of more than 1 mm will constitute permanent scar.
The Fingerprint Patterns
1. The Arch (5%)
a. Plain Arch (A) – is a pattern in which the ridges flows from one side to the other side with a slight raise
at the center.
b. Tented Arch (T) – is a type of pattern having either an angle, uptrust or an incomplete loop form.
2. The Loop (60%) Elements of loop
1. A core
2. A delta
3. A sufficient Recurve
4. At least one Ridge count
a. Radial Loop (RH=/. LH=\) is a type of loop pattern in which the slanting or looping ridge flows towards
the thumb finger.
b. Ulnar Loop (RH=\, LH=/) is a type of loop pattern in which the slanting or looping ridge flows towards
the little finger.
3. The Whorl (35%)
Basic Elements of Whorl
1. Two or more Deltas
229
 2. At least one complete circuiting ridge
a. Plain Whorl (W)
At least one circuiting ridge is touched or crossed by the imaginary line traversing between the two
deltas.
b. Central Pocket Loop Whorl
No circuiting ridge within the pattern area is touched or cross by an imaginary line drawn
between the two deltas.
c. Double Loop Whorl
1. Two separate loop formation
2. Two Separate and distinct shoulder
3. Two deltas
d. Accidental Whorl
1. A combination of two different patterns with the exception of the plain arch.
2. Two deltas

Ridge Characteristics (Galton Details)

1. Ridge Dot (island ridge) – refers to a ridge formation in a form of a dot or period.

2. Bifurcation – a ridge formation in which a single ridge splits or divides into two or more ridges. It resembles a fork
shape.

3. Converging Ridge – two ridges that meets at a certain point

4. Diverging Ridge – two ridges that spread apart

5. Enclosure or Lake ridge – a single ridge that divides into two but does not remain open and meet at a certain point
to form the original single ridge.

6. Ending ridge – it refers to an abrupt end of a ridge

7. Type lines – is a diverging ridge that tends to surround the pattern area and serves as a basic boundary of
fingerprint impression.

8. Pattern Area – is a part of a loop of whorl pattern surrounded by the type lines and consisting of the delta, the core
and other ridges.

9. Recurving ridge – a single ridges that curves back to the direction where it started.

10. Sufficient Recurve – a recurving ridge which is complete with its should and free from any appendage.

11. Appendage – is a short ridge found at the top or summit of a recurve

12. Rod or Bar – is a short of long ridge found inside the recurve and directed towards the core

13. Obstruction ridge – is a short ridge found inside the recurve which blocks the inner line of flow towards the core.

The Two Fingerprint Terminus (Focal Points)

1. The Delta (also called the outer terminus) is a point along a ridge formation found at the center or near the
center of the diverging type lines.
2. The Core (also known as the heart or the inner terminus) usually found at the center or innermost recurve.

Types of fingerprint impression

230
 1. Rolled Impression – are fingerprint impression taken individually by rolling each finger from one side to the other
side and from the tip to the end of the first joint.
2. Plain Impression – are impression made by simultaneously pressing the finger to the card, use as a reference to
classification.

Basic Instrument in taking prints:

1. Ink Slab – is a metallic or glass plate where the ink is spread for purpose
2. Ink Roller – is a rubber made roller designed to spread the fingerprint ink to the slab.
3. Fingerprint Ink – is a special form of ink designed for taking fingerprint impression sometimes submitted
with a printer’s ink.
4. Fingerprint card – is an 8” x 8” card designed for recording fingerprint impression
5. Card holder – usually a fixed card holder placed in a flat table designed to prevent the movement of the
card in the course of the taking of the fingerprint.

Basic Rule in taking Fingerprints:

1. Subject should be instructed to stand straight but relax facing the slab.
2. The subject hand should be completely dry
3. Thumb fingers are rolled towards the body while other fingers are rolled away from the body.

Fingerprint Classification Formula:

1. Checking
2. Blocking-out – is the process if placing under each pattern the letter symbols representing their pattern
interpretation prior to the actual classification formula.
3. CLASSIFICATION FORMULA
a. Primary Division. Always represented by a numerical value assigned to whorl patterns depending
on what finger they appear.
Arch and Loop are non-numerical patterns.
A, T, / \ = Zero (0)
Whorl patterns.(WCDX)
Finger 1 and 2 Right Thumb and Right Index (16)

Finger 3 and 4 Right middle and Right Ring (8)

Finger 5 and 6 Right little and Left Thumb (4)

Finger 7 and 8 Left Index and Left middle (2)

Finger 9 and 10 Left Ring and Left Little (1)

The sum of the numerical value assigned to even number of finger represent the numerator and the sum of the assigned
value to odd number represent the denominator Plus the pre-established fraction of l/1 to complete the primary.
b. Secondary – Represented by Capital and small letter combination based on interpretation made
during the blocking.
Capital letter – derived from the index fingers which can be
(A, T, U, R, W, C, D or X).
Small letter – derived from the thumb, middle, ring and little fingers.
It only includes the radial loop (r), plain arch (a) and tented arch (t).
c. Sub-secondary Division – derived by ridge counting of loop and ridge Tracing of whorl found at
the index, middle ring fingers only.

c.1 Ridge Counting of Loop

Index Finger 1 to 9 Ridge Count =I

10 or more =0

Middle Finger 1 to 10 Ridge Count =I

231
 11 or more =0

Ring Finger 1 to 13 Ridge Count =I

14 or more =0

c.2 Ridge Tracing of Whorl

Inner Whorl (I) When the tracing goes above or inside the right delta and there are three (3) or more
intervening ridges.

Outer Whorl (O) when the tracing ridge goes below or outside the right delta and there are three (3)
or more intervening ridges.

Meeting Whorl (M) when there are only two orless intervening ridge/s

c.3 Plain Arch and Tented Arch are always dash (-)

d. Major Division (Taken from Thumb fingers only)

d.1 Whorl = Ridge tracing = I, O, or M.
d.2 Loop = Ridge Counting = S, M or L
Table 1 Table 2
1 to 11 = S 1 to 17 = S
12 to 16 = M 18 to 22 = M
17 or more = L 23 or more = L
d.3 Arch = dash (-)

e. Final Division (derived from the little fingers only).

e.1 Loop and Whorl are both subject to ridge counting.
Radial or Ulnar
Plain or Central pocket loop Whorl = will be treated as an ulnar
loop. Double loop Whorl – get the ridge count of the top loop
Accidental Whorl = get the least ridge count. e.2 Arch = dash (-)

f. Key Division = derived by getting the ridge count of the first (l) loop except the little fingers. In the absence
of the loop, the first whorl will be ridge counted for the purpose.

Reference Classification Formula = is an additional formula serve as a reference in case of doubtful prints. Place the
bottom of the classification formula.
Latent Prints = prints found at the scene of the crime.

Types of latent prints

1. Visible prints = are those prints which are readily visible to the naked eye. It can either be: Molded prints or Prints
made by contamination with colored substance.
2. Invisible prints = prints that are generally made by sweat or perspiration that requires developing for visibility.

Factors Affecting Stability or Prints at the Crime Scene

a. Subject Factor
b. Nature of the surface
c. Climatic Condition

Methods of Developing Prints:

1. Dusting Method = considered as the simplest and traditional methods used in developing prints at the scene
of the crime. (Use of Powder and Brush)
2. Rolling Method = basically used in developing prints in paper done by simply rolling the paper with powder
spreading in its surface.

232
 3. Fuming Methods = done by using chemical fumes such as Iodine and Ammonium Fumes.
4. Silver Nitrate method – done by spraying a 5 percent solution of silver nitrate to the surface of the paper.
5. Ninhydrin Method = is considered as one of the best method used in developing prints in paper.
6. Laser Method = is a modern method of tracing and developing prints. Post Mortem Fingerprints = are prints
taken from a diseased person.

POLICE PHOTOGRAPHY

A. DEFINITION OF TERMS:

1. Photography = Derived from the Greek word “Phos” or “Photos” which means “light” and “Grapho” means
“Writing” or “Graphia” meaning “to Draw”. Sir John F. W. Herschel coined the word photography when he
first wrote a letter to Henry Fox Talbot.
= Is the art and science of reproducing image by means of light through some sensitized material with the
aid of a camera, Lens and its accessories and the chemical process required in order to produced a
photograph.

2. Forensic = Derived from the Latin word “Forum” which means “a market place” where people gathered for
public discussion.
= When used in conjunction with other science it connotes a relationship to the administration of justice. It is
sometimes used interchangeably with the word legal.

3. Police Photography = Is the application of the principles of photography is relation to the police work and in
the administration of justice.

4. Photograph = Is the mechanical and chemical result of Photography. Picture and photograph are not the same
for a picture is a generic term is refers to all kinds of formed image while a photograph is an image that can
only be a product of photography.

B. USES OF PHOTOGRAPHY
1. Personal Identification
= Personal Identification is considered to be the first application of photography is police work.
Alphonse Bertillion was the first police who utilized photography in police work as a supplementary
identification in his Anthropometry system.

2. For Communication
= Photograph is considered to be one of the most universal methods of communication considering
that no other language can be known universally than photograph.

3. For Record Purposes

= Considered to be the utmost used of photography in police work.
Different Views in photographing
a. General View
= taking an over-all view of the scene of the crime. It shows direction and location of
the crime scene.

b. Medium View
= Is the taking of the photograph of the scene of the crime by dividing it into section. This
view will best view the nature of the crime.

c. Close-up View
= Is the taking of individual photograph of the evidence at the scene of the crime. It is
design to show the details of the crime.

233
 d. Extreme Close-up View
= Commonly designed in laboratory photographing using some magnification such as
Photomacrography and photomicrography.

4. For Preservation
= Crime scene and other physical evidence requires photograph for preservation purposes. Crime
scene cannot be retain as is for a long period of time but through photograph the initial condition of the
scene of the crime can be preserved properly.

5. For Discovering and Proving

= Photography can extend human vision in discovering and proving things such

as: a. The use of Magnification

Photomicrography = Taking a magnified photograph of small object through attaching a

camera to the ocular of a compound microscope so as to show a minute details of the physical
evidence.

Photomacrogaphy = Taking a magnified (enlarged) photograph of small object by attaching

an extended tube lens (macro lens) to the camera.
Microphotography = is the process of reducing into a small strips of film a scenario. It is
first used in filmmaking.

Macrophotography = used synonymously with photomacrogaphy.

Telephotography = Is the process of taking photograph of a far object with the aid of a long focus
and Telephoto lens.

b. Used of Artificial Light such as X-ray, Ultra-violet and Infra-red rays to show something which may
not be visible with the aid of human eye alone.

6. For Court Exhibits

= Almost all evidence presented in court before formally be accepted requires that they satisfy the basic
requirements for admissibility which is relevancy and competency. A question of relevancy is usually proved
by proving the origin of the evidence and its relation to the case and this is usually supplemented by
photograph of the evidence giving reference as to where it came from.

Evidence presented in court once accepted became known as Exhibit. Either Exhibit 1,2,3 etc. for the
defense or Exhibit A, B, C etc for the prosecution.

7. Crime Prevention
= with the used of video camera (hidden camera) and other advanced photographic equipment
crimes are being detected more easily and even to the extent of preventing them from initially occurring. 8.
Police Training
= Modern facilities are now being used as instructional material not only in police training as well as in
other agencies.

9. Reproducing and Copying

= With the use of photography any number of reproduction of the evidence can be made those
giving unlimited opportunity for its examination and even allow other experts or person to examine the
specimen without compromising the original.

C. ESSENTIALS OF PHOTOGRAPHY
1. Light = is an electromagnetic energy that travels in a form of a wave with the speed of 186, 000 miles per
second.

234
 2. Camera = a light tight box designed to block unwanted or unnecessary light from reaching the sensitized
material.
3. Lens = is the light gathering mechanism of the camera that collect the reflected light coming from the
object to form the image.
4. Sensitized material = composed of a highly sensitized chemical compound which is capable of being
transformed into an image through the action of light and with some chemical processes. ( Film and
Photo Paper).
5. Chemical Process = is the process necessary for reducing silver halides into a form so as a latent image
and a positive image be made resulting to what we called Photograph.

D. THEORIES OF LIGHT
1. The WAVE Theory (Huygens)
= It is the theory that was transcribed from the motion of the water that if we observe a piece of log
floating in the ocean and with the force of the air would naturally will make the log move up and down.

2. Corpuscular theory (Newton)

= this later opposed the wave theory stating that light has its effect by the motion of very small particles
such as electrons.

3. Modified Wave theory (Maxwell and hertz) = Based on electromagnetics.

All these theories are still considered to be of little lacking that law enforcement need not to be
very focus on this but rather go along with the accepted conclusion that light is a form of energy, which
is electromagnetic in form.

E. LIGHT: ITS NATURE, CHARACTERISTICS, SOURCES AND CLASSIFICATION

Light is defined as an electromagnetic energy with the speed of 186,00 miles per second. Its wave travel is said
to be characterized in certain extent based on velocity, wavelength and frequency of the number of vibration of
the wave per second.

Light wavelength is the distance measured between two (2) successive crest or through of wave and it is
expressed in either Millimicron (nanometer) or Angstrom. Millimicron is the units of light wavelength which is
equivalent to one-millionth part of a millimeter which the Angstrom is relatively smaller for it has an equivalent
measurement of ten (10) millionth part of a millimeter.

Once light hits a certain medium, its action can be characterized as either: Reflected, Transmitted or Absorbed
(RAT). Reflected once the light hits a mirror and it bounce back. Transmitted when the light hits a transparent
glass which would allow the light to pass through its medium and Absorbed when the light hits a dark colored
object and prevents it from either bouncing or passing through.

Isaac Newton in 1666 proved that the light which men see as white light is actually a mixture of all colors of
the spectrum. This is produced when we allow light to hit a glass prism (Sharp Edge of the Glass). A rainbow
array will then be shown with colors red, orange, yellow, green, blue and violet colors (from top to bottom). The
visible light is also said of have a wavelength of between 400-700 millimicron or nanometer.

1. Types of Light

Lights can largely be classified into visible and invisible light.

a. Visible Light
= Is the type of light that produces different sensation when reach the human eye. It is the
type of light, which is capable of exciting the retina of the human eye.

b. Invisible Light

235
 = lights in which their wavelength are either too short or too long to excite the retina of the
human eye i.e. X-ray, Ultrat-violet and Infra-red lights.

2. Photographic Rays

a. X-ray
=Light with the wavelength between .01 to 30 millimicrons. It is produced by passing an electric
current through a special type of vacuum tube. It was incidentally discovered by Conrad Welhelm
Roentgen. This type of light works in the principle of shadow photography.

b. Ultra-violet ray (Before the violet)

= Radiation having a wavelength of 30 to 400 nanometers designed to photograph fingerprints in multi
colored background, documents that are altered, decipherment of erase writing and developing invisible
writing. It is commercially known as “black Light”.

c. Visible Light
= It refers to the type of radiation having a wavelength of 400 to 700 millimicrons designed for ordinary
photographing purposes.

d. Infra-red (Beyond the Red)

= Considered as the photographic rays with the longest wavelength ranging from 700 to 1000 millimicrons.
It is designed to take photograph of over-written documents, obliterated writing, and charred documents or
for black out photography. It is sometimes referred to as heat rays).

3. Light Source

A. Natural Light= are those light which come to existence without the intervention of man e.i. Sunlight,
moonlight and starlight.
1. Bright Sunlight
= object in an open space casts a deep and uniform shadow and the object appears glossy.

2. Hazy Sunlight
= object in an open space casts a transparent or bluish shadow. This is due to thin clouds that
cover the sun.

3. Dull Sunlight
= object in an open space cast no shadow due to thick clouds covering the sun.

Daylight may still be classified as: open space bright sunlight, under shade bright sunlight, hazy
sunlight, cloudy sunlight and cloudy dull sunlight.
These conditions and their colors affect the appearance of the object being photograph. Factors
such as atmospheric vapor, atmospheric dust and quality of the reflected light coming and not coming
from the source should likewise be considered.
B. Artificial Light = otherwise known as man-made light e.g. fluorescent bulb, incandescent bulb and
photoflood lamp.
1. Continuous radiation
Photoflood lamp= is likewise known as Reflectorized light or Spot light. It is a light with a
reflector at the back which focus the light to the object the common wattages of this lamp is 500
watts.
Flourescent Lamp = are tube lamps in which the walls are coated with fluorescent powders with
both ends is mounted with a holder that serves as the reflector. This is commonly used by
everybody more than it is used in photographing.

Incandescent bulb = are bulb with a wire filament connecting two wires which sustain the
electrical charge that produces the light. Everybody likewise commonly uses this although it is more
expensive in terms of electrical consumptions.

236
 Infra-red Lamp

Ultra-violet Lamp

2. Short Duration type

Flash bulb = are chemical lamps, as it generate lights by the rapid combination of metal in
oxygen. The bulb can be used only once as the bulb is busted when fired electrically. There are
thin filaments inside the bulb with two electrical contacts. When the current flows through the
filament, it becomes incandescent and ignites the explosive primer that ignites the aluminum
foil that burns, giving flash of tense light.

Electronic Flash = produces light by an instantaneous electrical in charges between two

electrodes in a gas filled glass bulbs. The electrical energy for the discharge is kept in capacitor
or condenser. It usually ranges from 1/300 second and 1/5000 second, and because of this,
subject in fast motion can be arrested or stopped in the photographs.

4. SENSITIZED MATERIAL
= It refers to the film and photographic paper that basically composed of emulsion containing Silver Halides
suspended in gelatin and coated on a transparent or reflective support. Parts of the Sensitized Material

1. Emulsion = is that part of the film or photographic paper which contains the silver grains which is the one
sensitive to light. In a colored film this emulsion surface can be composed of three layers (Blue, Green and
Red) with filters intervening.
2. Anti Halation Backing = is the one designed to hold back the light and prevents halation.
3. Base = Support the emulsion

I. Types of Film
A. According to Use
1. Black and White Film = usually represented by a prefix or a suffix “Pan” or
“Ortho” and generally used in black and white photography. Examples are
Ortholith film, Tri X-Pan and Pan X-plus.
2. Colored Film = can be divided into two: the Negative type and the reversal type
of colored film. The former is usually having names ending in color while the word
chrome represents the latter.
e.g. Blue sensitive film, Ultra-violet film, Infra-red film, Orthochromatic film and
Panchromatic film.
B. According to Spectral Sensitivity
Spectral sensitivity = is the responsiveness of the film emulsion to the different wavelength
of the light course.

1. Blue – Sensitive film = sensitive to U.V. light and Blue Color.

2. Orthochromatic Film = Sensitive to U.V. Light up to the green. ( popular in the marker as
KODALITH FILM)
3. Panchromatic film = Sensitive to U.V. Light up to red (sensitive to all colors of the visible
light)
3.1. Process Panchromatic film = permit short exposures under average lighting
condition and has the advantage of the grain structure.
3.2. Grain Panchromatic film
3.3. High Speed Panchromatic film designed originally for photographing object
under adverse lighting condition.
4. Infra-red Film = Sensitive to all colors and to infra-red light.

FILM SPEED (Emulsion Speed)

This refers to the degree of sensitivity of the film to light.

237
 1. ASA (American Standards Association) = this is expressed in arithmetic value system. The bigger
the number the more sensitive the film is.
ASA 10, 20 , 30 , 40,50, 100, 200, 400, 800, 1000

2. DIN ( Deutche Industre Normen) = expressed in Logarithmic value system. Used in the same
principle as the ASA.

Din 12, 15, 18, 21, 24, 27, 30, 33 etc.

3. ISO (International Standard Organization) expressed as combination of ASA and DIN rating.

II. Photographic Paper

It is that sensitized material that will record the visible image in the final development and become
the photograph.
Types of Photographic Papers
A. According to Emulsion Used (Silver halides content)
1. Silver Chloride paper = used for contact printing, the size of the positive print is the same
as the size of the negative used. Sensitivity to light is low and give blue-black tones when
properly developed.
2. Silver Bromide paper = used projection, printing and enlarging process. This is one of the
most ideal photo paper used for police photography. Will give a black tone when properly
developed.
3. Silver Chlorobromide paper = used both for projection and contact printing. Slow emulsion.
4. Variable contract paper = combines the contrast range in one paper it uses a special
chlorobromide emulsion that produces varying contrast responses upon exposure to
different colors of light.

B. According to Physical Characteristics

b.1. Weight

1. Light weight = designed for high flexibility and when paper thickness is not of
consideration. Intended for purposes, which involves folding.
2. Single Weight = papers used for small prints or which are need to be mounted on solid and
fine details necessary in the production. Used in ordinary photographic purposes.
3. Double weight = generally used for large prints because they stand up under rough
treatment. b.2. Surface Texture

a. Glossy paper =designed for fine details and brillant image

formation.
b. Semi-mate paper = obscure the fine details
c. Rough papers = used for large prints or where breath rather than
detail is necessary. b.3. Color

a. White = better used in police photography.

b. Cream = preferred for pictorial effect, portraits, landscape or when warmth effect
is desired.
c. Buff papers = prepare for tone prints
C. According to Contrast (grade)
1. Velox No. 0 = used for printing extremely contrast negative or extremely exposed film.
2. Velox No. 1 = used for high contrast negative (over exposed film)
3. Velox No. 2 = used for normal exposed film
4. Velox No. 3 = used for negative with weak contrast (under exposed)
5. Velox No. 4 = used to provide sufficient contrast to compensate for very thin or weak
negatives. It is useful imprinting which high contrast is desired. 6. Velox No. 5 = for flat

238
 negative that are unprintable.

5. CAMERA
Is a light tight box with light gathering device and a means of blocking unwanted or unnecessary light from reaching
the sensitized material.

Basically, camera can produce image with its four-(4) basic parts such as light tight box, lens, and shutter, Holder of
sensitized material.

Essential Parts of a Camera

1. Light Tight Box – a box designed to keep light out and serve as a frame to hold other parts.
2. Lens – designed to collect or to focus the reflected light from an object to form an image on the film.
3. Shutter – designed to control the time during which the light reaches the film
4. Holder of the sensitized material – located at the opposite side of the lens designed to hold firmly the sensitized
material to prevent the formation of the multiple or blurred image
5. View finder – designed to determine the field of view of the camera or the extent of the coverage of the given
lens

OTHER PARTS OF A CAMERA

A. Viewing System
Is that part of the camera which provides the means of showing to the photographer the entire scene
coverage that can be recorded in the sensitized material.

B. Film Advancer (film advance lever or knob) =designed to transfer the exposed film to the other
side or to the take up spool and the unexposed film will be the opposite side of the lens for another
exposure.
C. Shutter speed = is that part of the camera which regulates the time exposure of the film thus,
affecting the amount of light reaching the sensitized material. It is usually expressed in a fraction
of a second.

1/1 1/2 1/4 1/8 1/15 1/30 1/60 1/125 1/250 1/500 etc.
The speed number in the left is always two times powerful in terms of light gathering than that of the right number
Using a fast shutter speed the photographer can stop or “freeze” the action of a person provided that necessary
adjustment on the lens opening be made in order to maintain normal exposure.

D. Lens Aperture = the ratio between the diameter of the whole lens in relation to the focal length of
the lens. It is the light gathering power of the lens. Otherwise known as lens opening or relative
aperture and it is expressed in F-number.

f 2.8 f-4 f-5.6 f-8 f-11 f-16

The lower the f-number, the bigger the lens opening and the bigger the lens opening the greater the volume of
air that will passed through the lends and reach the sensitized material.

If the objective of a photographer is obtain the widest possible coverage of the lens in which objects are all sharp, It
will be advisable to used a smaller lens opening.
E. Focusing = is that mechanism of a camera designed to control the degree of sharpness of the
object to be photograph. It is usually obtained by estimating the distance from the camera and
that of the object that will make a sharp or clear image.

Types of focusing device:

1. Range finder (Either coincidence or split image type)

239
Coincidence otherwise known as superimposed image focusing. In this type of focusing a single object will
appeared double once the object is not in focus, but moving the focusing adjustment this double
image will coincide or superimposed to form a single object.
Split Image focusing on the other hand will show an image in split or two parts once the object in not in focus
once the two parts of the image has been united then the object is already focused

2. Ground Glass
This is observed from the viewing system of the camera, once the object is not in focused the object will be
viewed to be blurred and will turn sharp and clear once adjusted.

3. Scale Bed
Estimating the distance of the object and adjusting the camera control based on his estimation do this.

TYPES OF THE CAMERA

1. View Finder Type – it is considered as the smallest and the simplest type of camera
2. Single Lens Reflex Camera – it is a type of camera best suited for police work due to its
interchangeability of the lens
3. Twin Lens Reflex Camera – A type of camera with dual lens, one for focusing and the other for forming
the image.
4. View or Press type – is considered the biggest and expensive type of camera, used for movie making
5. LENS
= It is the image-forming device of the lens that actually has a greater effect on the quality of the image to
be formed.

= a medium or system which converge or diverge light rays passing through it to form an image.

= Can be a glass or transparent material, which permit light to pass through and change the direction of light.

Daniel Barbaro = first to introduce the use of lens in the camera.

CLASSIFICATION OF LENSES
1. According to the type of image to be produced
a. Positive or Convex Lens (Converging Lens) Characterized by the fact that it is thicker at the
center and thinner at the side which is capable of bending the light together and forms the
image inversely.
b. Negative or Concave Lens (diverging Lens) Characterized by the fact that it is thinner at the
center and thicker at the side and forms the virtual image on the same side of the lens.
2. According to Degree of Corrections
a. Meniscus Lens = lens that has no correction.
b. Rapid Rectilinear Lens – lens corrected of distortion
c. Anastigmat Lens – correcting astigmatism
d. Achromatic Lens – correcting chromatic aberration
e. Apochromatic Lens – correcting both astigmatism and chromatic aberration
INHERRRENT LENS DEFECTS
1. Spherical Aberration= Inability of the lens to focus light passing the side of the lens producing an
image that is sharp in the center and blurred at the side.
2. Coma = (Also known as lateral aberration) = Inability of the lens to focus light that travels straight or
lateral, thus making it blurred while the light reaching the lens oblique is the one the is transmitted
sharp.
3. Curvature of Field = the relation of the images of the different point are incorrect with respect to one
another.
4. Distortion = Is a defect in shape not in sharpness. It can either be Pincushion distortion (curving
inward) or Barrel (curving outward).
5. Chromatic Aberration = Inability of the lens to focus light of varying wavelength. The lens refracts rays
of short wavelength more strongly than those of longer wavelength and therefore bringing blue rays to
a shorter focus than the red.
240
 6. Astigmatism= is a form of lens defects in which the horizontal and vertical axis are not equally
magnified. Inability of the lens to focus both horizontal and vertical lines.
7. Chromatic Difference of Magnification
8. Flares = condition of the lens producing multiple images.

LENS CHARACTERISTICS
1. Focal Length – is the distance measured from the optical center of the lens is set to focus at infinite
position. As according to focal lenses may be classified as:
a. Wide Angle or Short Focus = with focal length not longer than the diagonal half of the
negative. Useful in taking photograph at short distance with wider area coverage.
b. Normal or Medium Focus = with focal length approximately equal but not longer than twice the
diagonal half of the negative.
c. Long or Telephoto Lens = with focal length longer than twice the diagonal half of the negative.
Best used in long distance photographing but with narrow area coverage.
d. ZOOM lens = lens with variable focal length or that which can be adjusted continuously by the
movement of one or more elements in the lens system.

2. Relative Aperture – the light gathering power of the lens expressed in F-number
a. Depth of Field – is the distance measured from the nearest to the farthest object in apparent sharp
focus when the lens
b. Hyperfocal distance = Is the nearest distance at which when a lens is focused with a given particular
diaphragm opening will gives the maximum depth of field.
3. Focusing = is the setting of the proper distance in order to form a sharp image. The one that controls the degree
of sharpness of the object.

6. CHEMICAL PROCESS

The process of making the latent image visible and permanent.

a. Development (Use of either D-76, Dektol or Universal Solution)

= Is the process necessary for reducing the silver halides to form the image.

Elon, Hydroquenone = used as main developing agents

b. Stop bath = normally composed of water with little amount of dilute acetic acid that serves as a means
to prevent contamination between the developer and the acid fixer.
c. Fixation = Is the process by which all unexposed silver halides are dissolved or removed from the
emulsion surface and making the image more permanent.
Sodium Thiosulfate (hypo) is the main fixing agent that dissolves unexposed silver halides.

Other chemicals used:

Acetic Acid and Boric acid = serves as neutralizer
Sodium Sulfate = serves as the preservative
Potassium Bromide = restrainer or hardener
Sodium bicarbonate and borax powder = serves as accelerator

Dodging = is the process of eliminating unwanted portion of the negative during enlarging.
Cropping = is the process of omitting an object during the process of enlarging and printing.
Vignetting = is the gradual fading of the image towards the side through skillful adjustment on the dodging board.

Dye toning = is the process designed in changing the color tone of the photograph.
Burning-In = refers to additional exposure on a desired portion of the negative used for purposes of making a balance
exposure.
241
FORENSIC BALLISTICS

Ballistics is the science of the motion of the projectile and the condition that affects their motion. It is a
science in itself for it is an orderly arranged knowledge, which is a product of series of experimentation,
observation and testing. Ballistics is not an exact science rather it is applied physics or applied science, which is
subject to changes and improvement depending upon the demands of the modern civilization.

Motion refers to the mobility or movement of the projectile from the time it leaves the shell empty, it leaves
the gun muzzle and until it reach its target or fall in the ground.

A projectile is any metallic on non-metallic ball which is propelled from a firearm. Its motion can be categories
into three general types: Direct motion, Rotatory motion and Translation motion.

3 Types of Motion
1. Direct Motion = is the forward motion of the bullet or shots out of the shell by the action of the expansive
force of gases from a burning gunpowder.
2. Rotatory motion = is the action of the bullet passing through a rifled bore barrel firearm which is either
twisted to the left or to the right.

3. Translational = is the action of bullet once it hits a target and subsequently ricocheted.

ORIGIN OF THE WORD BALLISTICS

The word Ballistics was derived from two Greek words. The word “ballo” and the word “ballein” which
literally mean, “to throw”.

The term also said to have been derived from the Roman war machine called “Ballista”, a gigantic catapult that
was used to furl missiles or large object at a distance like stone, dead animal or even dead person.

The study of Ballistics in the early age is divided into (3) three Divisions: Internal Ballistics, Exterior or External
Ballistics and Terminal Ballistics. From the time the gun was fired until it reach the target and have its maximum
effect. At present ballistics is branches into four (4) and this is due to its subsequent used in solving problems in
connection with the administration of justice particularly cases involving firearms and ammunition which is
termed as Forensic Ballistics.
BRANCHES OF BALLISTICS

1. Interior (Internal) Ballistics = it treats of the motion of the projectile while it is still inside the firearm
(chamber /barrel) which extends from the breech to the muzzle. The conditions attributed to internal ballistics are as
follows: a. Firing pin hitting the primer

b. Ignition of the priming mixture

The priming mixture (composing of the KCLO3, sulfur and carbon) located either at the cavity rim or
at the center of the primer upon the striking effect of the firing pin will ignite and such action is known
as “Percussion action”.

c. Combustion of the gun powder/powder charge or propellant.

d. Expansion of heated gas.

e. Pressure developed

f. Energy generated

g. Recoil of the gun

Is the equal and opposite reaction of the gun against the forward movement of the bullet upon
explosion. The backward or rearward movement of the gun in relation to the forward movement of the
bullet.

242
 Jump is another portion of the recoil action characterized as the backward and upward
movement of that takes place before the bullet leaves the muzzle.

h. Velocity of the bullet inside the barrel

It is the relative speed of the bullet per unit of time while it is still inside the barrel expressed in feet
per second.

i. Rotation of the bullet inside the barrel

j. Engraving of the cylindrical surface of the bullet

2. Exterior (external) Ballistics = treats of the attributes or movement of the projectile after leaving the gun

muzzle. a. Muzzle Blast

Is the noise created at the muzzle point of the gun.

b. Muzzle energy

Energy generated at the muzzle point measured in foot-pound.

c. Trajectory

Refers to the parabola-like flight of the projectile from the time it leaves the muzzle until it hits the
target. It is also described as the actual curve path taken by a bullet during its. d. Range

It refers to the imaginary straight distance between the muzzle of the gun and the target.

d.1. Accurate Range= the distance within which the shooter or gunner has control of his shots.

d.2. Effective Range = the distance within which when the bullet was fired it is still capable of inflicting fatal
injury.

d.3. Maximum Range= the distance that a projectile can be propelled from a firearm. The farthest distance the
bullet could travel.
e. Velocity - Refers to the rate of speed of the bullet (during its flight) per unit of time usually express is feet
per second (ft/sec.)

f. Pull of Gravity

It is the downward reaction of the bullet towards the earth surface due to its weight.
g. Air Resistance

Refers to the force of the air encounter by the bullet in its flight.

3. Terminal Ballistics= is that branch of Ballistics which deals with the effects of the impact of the projectile on
the target.

a. Terminal Accuracy

It refers to the size of the bullet grouping on the target.

b. Terminal Energy

Is the energy or force of the projectile when it strikes the target same as striking

energy. c. Terminal Velocity

Is the speed of the bullet upon striking the target.

d. Terminal Penetration

Is the depth of entry of the bullet in the target.

243
 4. Forensic Ballistics

This branch of ballistics is the product of the application of the ballistics to law. The idea comes with the used
of the word forensic. The word Forensic was derived from the Latin word “forum” meaning a “market place”
where people gathered for public disputation or public discussion. When used in connection with the word
ballistics or other natural science, it suggests a relationship to the courts of justice or legal proceedings.
Forensic Ballistics is defined as the study of the motion of the projectile as applied to law or simply the science of
firearm identification by means of the ammunition fired through them.

Scope of Forensic Ballistics

1. Field Investigation

2. Ballistics Technical Examination of the Exhibits

3. Legal Proceeding

The Evolution of Firearms

MAN BEHIND FIREARMS
1. John M. Browning - Wizard of the modern firearms and pioneered the breech loading single shot rifled
which was adopted by Winchester.
2. Samuel Colt - Patented the first practical revolver and maker of the Colt Peace Maker, a famous revolver
in the history.
3. Alexander John Forsyth - Father of the percussion powder.
4. Major Uziel Gal - An Israeli army who designed UZI (Israel) in the year 1950.
5. Col. Calvin H. Goddard - Father of modern Ballistics.
6. John C. Garand - Designed and invented the Semi automatic U.S. Rifle Cal. 30. M1 garand.
7. George Hyde - A well-known expert in the field of SMG, (also known as grease gun) developed in 1941.
M3A1 (USA).
8. Michael Kalashnikov - Designed the AK (Automat Kalashnikova) 47 (Soviet Union) adopted by the
Russian Army in the year 1951.
9. Horace Smith - Founded the great firm of Smith and Wesson and pioneered in making breech loading
rifles.
10. Eugene Stoner - Designed the U.S. M16 Armalite under licensed by Colt Company from July 1959
onwards.
11. L.C. Smith - Developed shotgun bearing his name now the Ithaca gun Company.
12. John T. Thompson - Developed in the course of WW1 the Thompson M1A1 and model of 1928 A1
(USA).
Pioneered the making of Thompson sub-machine gun.
13. Daniel B. Wesson - Associates of Horace Smith in the making of Revolver.
14. David “Carbine” Williams - Maker of the first known Carbine.
15. Oliver Winchester - One of the earliest rifle and pistol maker.

IMPORTANT DATES IN THE EVOLUTION OF FIREARMS

1242 A.D. Roger Bacon published the “ De Mirabili Potestate Artis et Naturae” (On the Marvelous Power of Arts
and Nature), which noted Black powder formula.

1498 Introduction of the rifling and sights became better and breech loaders were attempted although never
succeeded yet even multi shots arms due to lack of good ignition system.

1500’s The development of the Wheel Lock, operates in the same principle as the modern day cigarette
lighter. At mid of 1500’s “snaphaunce” was developed.

1575 Paper Cartridge was developed. Ball and powder charged were wrapped in chemically treated paper to
allow the carrying of numerous pre-measured charges or pre loaded rounds.

1750 The development of Breech-loading firearms leading to the making of FERGUSON Rifle of Major Patrick
Ferguson, COLLIER Rifle, which is a flint lock repeating rifle operated on a revolving principle
244
 and, the HALL Rifle patented in 1811 by Col. John Hall and was the 1 st breechloader adopted by
the U.S. Army.

1805 The Percussion System. Alexander John Forsyth discovered a compound that would ignite upon blow
that would ignite the powder charge. In 1840, it replaces the flintlock ignition and was adopted
in 1838 by the British and in 1842 by the American.

1835 The first real cartridge was developed “The Flobert Cap” same as the BB and was considered the
forerunner of .22 short cartridge.

1835 Samuel Colt patented the first revolver and marketed in 1872, a breech loading revolver.

1836 Pin fire Cartridge, was developed by Le Faucheux. A much real pin fire cartridge was also
developed in the same year by Houiller.

1845 Rim fire cartridge, Flobert developed the BB (bullet breech) cap, which was considered the
forerunner of the .22 cal cartridge. In the same year, New Havens Arms Company owned by
Oliver F. Winchester, through the effort of Tyler Henry developed a .44 cal rim fire cartridge for
Henry Rifle.

1846 Smokeless powder was discovered. It was used in shotgun first in the year 1864 by Capt.
Eschultze of Prussian Army and in Rifle by the year 1884 by M. Vieille of France.

1873 Colt Peace Maker, model 1873, .45 cal. The most famous revolver in history and legend was
manufactured.

1884 Automatic Machine Gun. Hiram Maxim developed the first fully automatic gun.

FIREARMS
Legal Definition of Firearm
Firearms or arms as herein used, includes rifles, muskets, carbines, shotgun, pistol, revolvers, and all other
deadly weapons, to which a bullet, ball, shot, shell, or other missiles maybe discharge by means of gun powder
or other explosives. This term also includes air rifle, except such of being of small caliber and limited range used
as toys. The barrel of any firearm shall be considered a complete firearm for all purposes hereof. (Sec 877
Revised Administrative Code/ Sec. 290 national Internal Revenue Code).

Technical Definition
Firearm is an instrument used for the propulsion of projectile by means of the expansive force gases coming
from burning gunpowder. (FBI manual of Firearms Identification).

B. Classification of Firearms
A. Two General Classification of Firearms
(According to Interior Barrel Construction)
1.Smooth Bore Firearms = Firearms that have no rifling (lands and grooves) inside their gun barrel.

Examples: Shotguns and Musket

2. Rifled Bore Firearms = Firearms that have rifling inside their gun barrel.

Examples: Pistols, Revolvers, and other modern weapons.

B. Main Types of Firearms

(According to the Caliber of the projectile propelled)

1. Artillery = Refers to those type of firearms that propels projectile with more than one inch diameter.

Examples: Cannons, Mortars and Bazookas:

2. Small Arms = Are firearms that propels projectile with less than one inch diameter and it can be handled, moved and
operated by one man.

Examples: Machine gun, shoulder arms and handguns.

2.1 Machine guns

245
 Machine gun is a type of firearm that is primarily designed for military use. Even in investigation of
shooting cases done in the city, it is not usual or common to encounter this type of firearm having been
used. It can be grouped in three general types:

Sub Machine Gun

Is a light, portable form of machine gun, utilizing a pistol size ammunition, having a shoulder stock that
may or may not be folded and designed to be fired with both hands.

Shoulder Arms
Shoulder Arms are those types of firearm that were normally fired from the shoulder.

Rifles= A shoulder weapon designed to fire a projectile with more accuracy through a long rifled bore barrel, usually
more than 22 inches.

Carbine = A short barrel rifle, with its barrel rifle, measuring not longer than 22 inches. It fires a single projectile
though a rifle-bore either semi-automatic or fully automatic, for every press of the trigger.

Muskets = is an ancient smoothbore and muzzle loading military shoulder arms designed to fire a shots or a
single round lead ball. A more detailed discussion of musketeers can be found on chapter 8 in the discussion of
ignition system.

Shotgun = A smooth bore and a breech loading shoulder arms designed to fire a number of lead pellets or a shots in
one charge (FBA Manual)

The barrel construction of shotgun may also be found in different bore construction.

A. cylinder bore type = which the bore size is the same through out the barrel
B. choke bored gun = designed with a diminishing or reducing bore diameter type towards the muzzle.
This type is designed to cause an effect to the travel of the shots. It makes the shots travel longer
before it spreads.
C. “paradox gun”.= still in a very rear occasions another type of shotgun can be observed to be having
rifling only a few inch from its muzzle points.
2.3 Handguns = those type of firearms that are designed or intended to be fired using one hand.

Ex. Pistols and Revolvers

a. Pistol
In early firearm history, all handguns are generally called as pistols. There were three classes of pistols
in the period. The single shot pistol, the semi automatic and the revolving pistols now known as the

revolver. b. Revolver

Revolver is a type of firearm designed to position cartridge into position for firing with the aid of
a rotating cylinder serving as its chamber. There are two types of revolvers according to its mechanical
firing action. T

Single action, a type of revolver that needs a manual cocking of the hammer before squeezing
the trigger and the other is Double action, a type of revolver that does not need manual cocking. Just
press the trigger and it both cocked and released the hammer causing a much faster firing.

C. Types of Firearms
(According of Mechanical Construction)

1. Single shot firearms = types of firearms designed to fire only one shot every loading.

Examples: Single shot pistols, Revolvers and shotguns.

2. Repeating Arms = A type of firearms designed to fire several loads (shot) in one loading.
246
 Examples: Automatic pistols revolvers rifles and shotguns.

3. Automatic F/A = type of firearms that constitutes a continuous firing in a single press of the trigger and
while the trigger is press.

Examples: Machine guns and rifles

4. Slide Action type = types of firearms in which loading take place by back and forth manipulation of the
under/over forearms of the gun.

Examples: Shotgun and pistols

5. Bolt Action Type = Type of firearms in which reloading takes place by manipulating the both back and
forth.

Examples: Rifles, shotguns and machine guns.

6. Lever type (Break type) = loading takes place by lever action on the firearms.

Examples: Rifles and shotguns.

MISCELLANEOUS TYPES OF GUN

1. Cane gun, knife pistols, cellphone gun, etc. = devices principally designed for other purpose to which a
gun mechanism is incorporated also called as Freakish gun.

3. Flare gun = designed for tracing or sending signals or locating enemy troops.
4. Freakish gun = a tool in which firearm mechanism is attached to prevent easy identification.
3. Gas gun = generally referring to all gun designed from firing tear gas.

4. Harpoon guns = refers to a barbed spear in hunting large fish.

5.Liberator = U.S. government made smooth bore gun used in Europe during war designed to fire an automatic
colt pistol cartridge caliber .45.
6. Multi –Barreled gun = refers to all types of gun containing a number of barrels.
7. Paradox gun = a type of gun which contains lands and grooves a few inch from the muzzle point.

8. Tools = are those devices which resembles a gun designed but are generally used for construction of furniture.

9. Traps = refers to gun used for trapping animals that are fired to woods.
10. Zip Gun = refers to all type of home made gun.

AMMUNITION

Legal Definition
Ammunition refers to loaded shell for rifles, muskets, carbine, shotgun, revolvers and pistols from which a ball,
shot shell or other missiles maybe fired by means of gun powder or other explosive. The term also includes
ammunition for air rifles as mentioned elsewhere in the code. (Chapter VII, Sec.290 of NIRC as well as Sec 877
RAC) Technical Definition
Ammunition refers to a group of cartridge or to a single cartridge. Cartridge is a complete unfired unit consisting of
bullet (ball), primer (cap), cartridge case (shell) and gunpowder (propellant).

Origin

The word cartridge was derived from the Latin word “Charta ” meaning – a “paper” and also from the French
word “Cartouche” meaning – a rolled paper. This only indicates that the first type of cartridge was made up of a
rolled paper. It was about the turn of the 16th century that the term “cartridge” comes to use.

A. General types of Ammunition (Fig. 6)

a. Dummy ( used as a model)

b. Drill Ammunition (without gun powder)

247
 c. Black Ammunition (without bullet)

d. Live Ammunition

B. Classification of Cartridge

I. According to the Location of the Primer

a. Pin-Fire = is a type of cartridge in which the ignition cap (primer) is concealed inside the cartridge
case and has a pin resting upon it.
b. b. Rim fire = is a type of cartridge in which the priming mixture is located at the hallow rim of the
case can be fired if the cartridge is tuck by the firing pin on the rim of the case (cavity rim).
c. Center fire = t refers to a cartridge in which primer cup (ignition cap) is centrally placed in the base
of the cartridge case and the priming mixture is exploded by the impact of the firing pin and with
the support of the anvil.
II. According to Rim Diameter

a. Rimmed Case type.

b. Semi-Rimmed type

d. Rimless type
d. Rebated type = refers to the cartridge with rimless pattern, but which has a rim diameter smaller
than the body of the case

e. Belted type = a cartridge with a prominent raise belt around its body just in front of the extraction
groove.

III. According Caliber

Calibers in cartridges in inches and their approximate equivalent in mm and use:

Inches MM.
Cal. .22 about 5.59 mm- used in revolver, pistol and rifles
Cal. .25 about 6.35 mm- used in pistols and rifles.

Cal. .30 about 7.63 mm- (mauser) – for carbines and other rifles
Cal. .30 about 7.63 mm (luger)

Cal. .32 about 7.65 mm for automatic pistols and revolvers

Cal. .380 about 9 mm- used for pistols

Cal. .357 used in magnum .357 revolvers

Cal. .45 about 11 mm – used in automatic pistols

Cal. .50 used in .50 cal. Machine gun

Shotgun Cartridge

It refers to a complete unit of unfired cartridge consisting of the pellets, primer, case, wads and gunpowder .

Gauge of Shotgun
Compared with other types of firearms, shotgun has very unique characteristics in terms of its diameter
designation both for its firearm and cartridge use. The unit of measurement used in shotgun is expressed in
Gauge. This is determined by the number of solid lead balls of pure lead, each with diameter of the barrel that
can be prepared from one pound of lead. At present the 10-gauge shotgun is considered with the biggest
diameter while the .410 as the smallest one. Listed below are the equivalents of diameter in gauge to inch.

Gauge Inch

10 .775 inch

248
 12 .729 inch

16 .670 inch

20 .615 inch

28 .550 inch

.410 .410 inch

TYPES OF SHOTS

1. Soft or Drop Shots = made by pure or nearly pure lead, to which a small amount of arsenic has been
added to make it take on the form of a spherical drop as it falls down the shot tower. This type is easy to
deformed or flattened, loose their velocity quicker, low penetrating power and string out more.

2. Chilled or Hard Shot = is a type of shot with a small amount of antimony mixed with lead to increase
hardness. It does no deform easily, better patterns, less string and more uniform velocity and penetration.

3. Coated or Plated Shot = also called as “lubaloy” shot. A chilled shot coated with thin copper through
electroplating design for greater strength and elasticity, great resistance to deformation and leading and
better pattern.

4. Buck Shot = a large size lead shot for used in shotgun

Bullets
The word “Bullet” was derived from French word “Boullette” which means a small ball. This term is generally
used when we are referring to projectile fired from any small arms, which has a variety of form, especially
during the earlier history. In a more technical sense, bullet refers to a metallic or non-metallic cylindrical ball
propelled from a firearm it is sometimes called as shots or slugs .
Bullets have various types depending upon their specific nature and purpose. In general bullet can be classified
as either Lead or Jacketed.

General Types of Bullets

1. Lead Type – is a type of a bullet that is basically composed of lead metal. Its used was due
to its density; having a good weight is a small size and easy for casting.
2. Jacketed Type – Is a type of bullet consisting of the regular lead core, coated with a copper
alloy in order to prevent lead
fouling of the barrel and is generally used in pistols and other high power guns.

ACCORDING TO THEIR MAXIMUM EFFECT TO THEIR TARGETS 1. Ball Type –

Is a type of bullet, which is intended for anti-personnel and general use.

2. Armor piercing – is a type of military bullet designed to penetrate light steel armor. Its mechanical
construction makes it capable of penetrating through some light vehicles.

3. Explosive Bullet - Is a small bullet containing a charge of explosive, which will detonate on impact.

4. Incendiary Bullet –Type of military bullet used to cause fire in a target, generally designed to use by
aircraft armament in order for the fuel tanks to ignite.

5. Tracer Bullet – a type of military bullet capable of leaving visible marks or traces while in flight giving
the gunner the chance to observe the strike of the shot or make adjustments in the event of a miss
Cartridge Case
Cartridge Case is the metallic or non-metallic tabular container usually of brass (70% copper and 30% zinc) designed to
unite the bullet, primer and the gunpowder into one unit. It is also known as shell or casing.

Functions of the Cartridge Case

249
 1. It locates the bullet properly relative to the bore of the firearm.

2. It is used to carry the means of ignition.

3. It provides gas seals at the breech against an unwanted escape of propellant gas upon firing.
4. Serves as waterproof container for the propellant or powder charge.

5. Acts as the insulator between the propellant and the hot walls of the chamber in a rapid firing of firearms.
Parts of the Cartridge Case

1. Base= the bottom portion of the cartridge case which contains the head stamp marking on the base of the
shell containing the caliber, manufacturer and in some cases including the date, trade name, and batch number.

2. Rim= is the part of the cartridge designed to limit the forward movement of the cartridge to chamber.

3. Extracting grooves= is the circular groove near the rim of the shell designed for automatic withdrawal of
the case from the chamber.

4. Primer Pocket=is that part of the shell which provides the means for the primer to be put in the central
position. Its function is extended to: (a) hold the primer in place; (b) to provide means to prevent the escape of
gas; (c) to provide solid support for primer anvil.

5. Body= is the cylindrical part of the shell which house the gunpowder.

6. Shoulder= that part of the cartridge case which support the neck of the cartridge which is evident in a
bottleneck type.

7. Cannelure= is the cylindrical groove in the outer surface of the cartridge case designed to secure the shell
to the chamber as well as prevent bullet from being push down to the powder charge. In some instance it is even
being utilized for identification.

8. Neck= is that part of the shell which is actually occupied by the bullet. This is obvious in a bottleneck type
of shell but not with the straight type.
9. Crimp= is the cylindrical groove on the mouth of the shell designed for two purposes: One (1) is to hold
the bullet and prevent it from being pull out from the shell and Two (2) to offers resistance to the bullet out of the
neck to ensure burning of the gun powder.

10. Vent or Flash hole= is the hole at the bottom of the primer pocket as the passage way for the priming
mixture to impart an ignition to the propellant charge.

Primer
Primer (also called CAP) is the ignition system of the cartridge used in a center fire type, containing a
highly sensitive chemical compound that would easily ignite or bursts into flame when struck by the firing pin. It
may either be Berdan or Boxer type. It is also known as the percussion cup.

The Berdan is a type of primer construction, which was designed in 1860s by Colonel Hiram S. Berdan of the
U.S Army Ordinance Department.

The Boxer on the other hand, was developed by Col. Edward M. Boxer of the Royal Laboratory at Woolwich
Arsenal in the year 1866

Parts of the Primer

1. Primer Cup= Is the brass gilding metal cup which contains the priming mixture, the disc and the
anvil.

2. Priming Mixture= Is the highly sensitive chemical compound which ignites by the mechanical blow of
the firing pin. It is also called as percussion powder.

3. Anvil= Is that portion of the primer which provides solid support and absorbs the blow of the firing
pin causing friction that would initiates ignition.

250
 4. Disc= Is a thin paper or foil which is pressed over the priming mixture in order to protect it from
moisture attack.

Gun Powder
Gunpowder (also called as propellant or Power Charge) is that mixture of chemicals of various compositions
designed to propel the projectile by means of its expansive force of gas when burned.

Two of the most popular individual whose name is always attached to gunpowder discovery were Roger
Bacon and Berthold Schwartz. Let’s take a short description of how their names are always mentioned in the
history.

Roger Bacon, (1242 A.D.) a Franciscan monk, who wrote the ---“De Mirabili Potestate Artis et Naturae” (On
the Marvelous Power of Art and Nature), including an anagram.

Berthold Schwartz (whose real name was Constantin Anklitzen), a mysterious monk of Freiburg, who according
to legend that is supported by an engraving dated 1643, while experimenting on some powder in a cast iron
vessel, he ignited a charge and thus blew off the lid, and from this deduced the principle of containing a charge
in a tube and propelling a shot (Encyclopedia of ammunition).

The Black Powder

Black powder, the oldest known explosive, was initially made from saltpeter (75%), charcoal (15%) and
sulfur (10%).

These problems in the used of black powder was later remedied with the introduction of the smokeless powder.
According to Harrison, Captain E. Schultze of the Prussian Army, made the 1 st successful used of smokeless
powder in shotgun in the year 1864. (Although historically nitroglycerine compound was first discovered in
1846). The basic ingredient used for smokeless powder is a nitrocellulose that was first produced by adding a
nitric acid to cellulose fiber.

Later, M. Vieille of French developed the first smokeless powder for riffle in the year 1884 and named it “poudre
B” taken after Gen. Boulanger’s name. In 1887, Alfred Nobel invented a smokeless powder with nitroglycerine
( 40%0 and nitrocellulose (60%) as the main composition and called it “Ballistite”. In Great Britain, they utilized
picrid acid in addition to cellulose powder which they called “Lyddite” and in germany TNT (Tri-nitrololeune )
was the one used, more powerful than picric acid but much difficult to detonate. Also In the year 1889, Prof.
Abel, a British War dept. Chemist developed “Cordite” a smokeless powder with same composition as Nobel in
the form of cords or sticks. And in early 1890’s smokeless powder had replaced black powder and became
uniformly used worldwide by the year 1900.
Firearms Characteristics
Stages in the manufacture of barrel
A. Drilling
B. Reaming
C. Rifling
This process necessary for the making of the helical groves inside the barrel and such can be performed in
any of the following methods:

1. Hook – cutter system (cutter)

2. Scrape – cutter system (scraper)

3. Broaching system – (broach)

4. Button – system (button)

D. Lapped
The Breech face
Just like any barrel of every firearm, the breech face also bears with it the same important.

Types of Characteristics in Firearms

251
 A. Class Characteristics = are those properties or attributes of a firearms which can be determined even
before the manufacture of the gun. This is true for such characteristics are considered to be a manufacture’s
designs or specifications and security.

CLASS CHARACTERISTICS OF FIREARMS

1. Bore diameter (caliber or gauge) it is diameter to which the bore was reamed. The distance
measured between two opposite lands inside the bore in a hundredths or thousandths of an inch. In most
express in either caliber in inch or in millimeters.
2. Number of lands and grooves = the number of lands an grooves inside the barrel of a given
firearm are always the same or equal. It may run from 3 to 8, but the most in the modern firearm are five and
six.

Lands = are the elevated portion of the bore of the firearm.

Grooves = are the depressed portion of the bore between the lands.

3. Width of the lands = is dependent upon the bore diameter of the gun, grooves, width and number.
The lands are the remainders of the circumference after subtracting all the grooves width.

4. Width of the Grooves = is measured as the shortest distance between the two dies or edge of a
grooves.

5. Direction of Twist = rifling inside the barrel of the gun is either twisted to the left or to the right
which cause bullet to rotate as it passes through the bore, in order to ensure gyroscopic stability in its flight.

6. Pitch of Rifling = it is the measure of the twisting of the lands and grooves. It refers to the
measure of the distance advance by the rifling in order to make a complete turn inside the barrel.

7. Depth of the Grooves = the groove’s depth if measured on a radius of the bore. Grooves are
usually few thousandths of an inch deep, which equal to the height of the lands.

B. Individual Characteristics = are meant for those characteristics which are being determined only
after the firearm was already been manufactured. They are the product of machine imperfections and some
later due to the used of the firearms.

TYPES OF RIFLING
1. Steyer Type= is the type of rifling having four (4) lands and grooves, right twist and the
width of the lands grooves. (4 RG=L)

2. Carbine Type = rifling having (4) lands and grooves, right twist, the width of the grooves is
two (2) times the width of the lands (4RG2X).

3. Smith and Wesson = rifling having (5) lands and grooves, right hand twist , the width of the
land and grooves are equal. (5RG=L)
4. Colt = type of rifling having six (6) lands and grooves, left twist, the width of the grooves is
twice (2) the width of the lands. (6LG2X)

5. Browning = type of rifling having (6) lands and grooves, right hand twist, the width of the
grooves is twice the width of the lands. (6RG2X)

6. Webley = Rifling having seven (7) lands and grooves, right hand twist, the width of the
groove is three time larger than the boarder of the lands. (7RG3X)

7. Winchester = Rifling having six (6) lands and grooves, right hand twist, the width of the
grooves is three time larger the width of the lands.

Individual Characteristics in Firearms

Individual Characteristics in firearms are usually determined by the test firing which will give us
both the test bullet and the test shell that will show the individuality of its property based on the left

252
 marks on every bullet and shell fired from it. Such marks are so minute that the use of the lens with
high magnification is necessary to discover individuality.

Marks found of Fired Bullets

1. Land Marks = marks left on a fired bullet caused by its contact to the elevated portion
(lands) of the bore of the firearm. It appears as slight depressions or scratches the cylindrical surface
of the fired bullet.
2. Groove Marks = marks found on a fired bullet caused by the grooves of the barrel which is
the same number as that of the landmarks.

3. Skid Marks = Marks that are generally found on fired bullet from a revolver. It is more or
less located at the anterior portion of the fired bullet due to its forward movement from the chamber
to the barrel of the gun before it initially rotates.

4. Stripping Marks = marks found on those bullet fired from a “loose-fit” barrel wherein the
rifling are already been badly worn-out. Groove
Mark
Worn-out in the rifling of the firearms can be cause by either chemical reaction brought about by
rust (corrosion) or through excessive use (erosion)

5. Shaving Marks = marks commonly found on bullet fired from a revolver cause by its forward
movement to the barrel that is poorly aligned to the cylinder.

6. Slippage Marks = marks found on fired bullets passing through either on oily or oversize
barrel.

Marks found on Fired Shells

1. Firing Pin Mark = mark generally found at the base portion of the cartridge case more
specifically near center of the primer cup in a center fire cartridge or at the rim cavity of a rim-fire
cartridge. Considered as one of the most important marks for identification of firearms using fired shell.

2. Breech Face Mark = mark found at the base portion of the shell cause by backward
movement to the breech face of the block of the firearm.

3. Extractor Mark = mark mostly found at the extracting groove of the fired cartridge case.
Cause by its withdrawal from the chamber.

4. Ejector mark = mark generally found on cartridge case fired from an automatic firearms. It
is located near the rim of the case cause by the throwing of shell from the firearm to the area of
shooting.

5. Shearing Mark = sometimes called “Secondary Firing Pin mark” found in the primer near the
firing pin mark.

6. Magazine Lip Mark = marking found at the two sides of the rim cause by the magazine lips
during the loading of the cartridge into the magazine for firing.
7. Chamber Mark = mark mostly found around the body of the fired cartridge case cause by
the irregularities of nips inside the walls of the chamber.

In fired cartridge case either of the Firing pin mark and the Breech face marks can be used as basis for
identification, in the absence or none use of these two, both the ejector and extractor marks can be utilized as
secondary choice.

PROBLEMS IN FORENSIC BALLISTICS

253
 1. Given a fired bullet to determine the caliber, type; make of firearm from which it
was fired.

2. Given a fired shell to determine the caliber, type, and make of firearm from which it
was fired.

3. Given a fired bullet and a suspected firearm, to determine whether or not the fired
bullet was fired from the suspected firearm.

4. Given a fired shell and a suspected firearm, to determine whether or not the fired
bullet was fired from the suspected firearm.

5. Given two or more fired bullets, to determine whether or not they were fired from
one and the same firearm.

6. Given two or more fired shell/cartridge case, to determine whether or not they were
fired from one and the same firearm.

Scientific Instrument Used in Firearms Identification

1. Analytical or Torsion Balance
2. Bullet Comparison Microscope
3. Bullet Recovery box
4. Chronograph
5. Caliper
6. CP-6 Comparison Projector
7. Electronic Gun maker
8. Helixometer
9. Micrometer
10. Onoscope
11. Shadowgraph
12. Stereoscopic Microscope
13. Taper Gauge
14. Torsion Balance

QUESTIONED DOCUMENTS EXAMINATION

Document
Any material that contains a mark symbol or sign, either visible, partially visible or invisible that may presently
or ultimately convey a meaning or a message to someone.
It is any written statement by which a right is established or an obligation extinguished. (People vs. Moreno,
C.A., 38 O.G. 119)

Two Categories of Document

1. Questioned Document – Document to which an issue has been raised or which is under scrutiny. The focal point
of the examination and to which the document examiner relies as to the extent of the problem. (also referred to
as disputed document).
2. Standard Document – Document in which the origin is known can be proven and can legally be used as sample
to compare with other things is questioned.

Types of Standards
a. Collected/Procured Std. – Standard specimen executed in the regular course of man’s activity or that which
are executed on the day to day writing activity.

254
b. Requested/Dictated (Post litel motam std.) – a Standard document which are executed upon request, they
are prepare at one time.

Contemporary document = documents which are not more than five (5) years before or after.

Legal Classification of Documents:

1. Public Document = a document created, executed or issued by a public official in response to the
exigencies of the public service, or in the execution of which a public official intervened.
= is any instrument authorized by a notary public or a competent public official, with
the solemnities required by law ( Cacnio , et.al. vs. Baens, 5 Phil. 724).
2. Official Document = a document which is issued by a public official in the exercise of the functions
of his office. Am official document is also a public document as a larger classification.
3. Private Document = A deed or instrument executed by a private person without the intervention of
a notary public or other person legally authorized, by which documents, some disposition or
agreement is proved, evidenced or set forth. (US Vs. Orera, 11 Phil 596) e.g. Theater Ticket.
4. Commercial Document = any document defined and regulated by the Code of Commerce ( People
Vs. Co Beng, C.A. 40 OG 1913) or any other commercial law.

Classes of Questioned Documents:

1. Document with questioned Signature (most common).
2. Document containing fraudulent alteration (Any form of changes either an addition or deletion to the
contents of a document).
3. Holograph Document – a document that is completely written and signed by one person
4. Document questioned as to the material used in their production.
5. Documents questioned as to their age or date.
6. Documents involving typewriting
7. Document which may identify a person through handwriting
8. Genuine documents erroneously or fraudulently attacked or disputed.
9. Documents containing printing or type prints.

Writings and Signature:

System of Writing – is the combination of the basic shape and designs of letter and the writing movement which
was taught in school.
Copy book form – is an illustration of the basic designs of letters that is fundamental to the writing system.
Writing movement – refers to factors relative to the motion of the pen such as, pressure, rhythm, pen lifting,
etc.
Writing – is the visible result of a very complicated series of acts, being as a whole or a combination of certain
forms which are the very visible result of mental and muscular habits acquired by long continued
painstaking effort.
Handwriting – is a visible effect of bodily movement which is an almost unconscious expressions of fixed
muscular habits, reacting from fixed mental impression of certain ideas associated with script form.
Writing Habits – refers to any repeated elements of once handwriting which serves as an identifying
characteristics.
Significant Writing Habits – elements of one’s writing that are sufficiently unique and well fixed to serve as a
strong basis of individuality.
Slant = refers to the relative degree of writing inclination relative to the baseline.
Baseline = an imaginary or straight line in which the writing rest.

Types of Handwritings
1. Cursive – Writing in which the letters are for the most part joined together.
2. Handlettering – refers to writing characterized by a disconnected style.
3. Natural Writing – a specimen of writing that is executed normally and without any attempt of altering its
usual writing habits.

255
 4. Disguised – a specimen of writing executed deliberately with an attempt of changing its usual writing habits
in the hope of hiding one’s identity.
5. Guided/assisted – a specimen of writing executed while the writer’s hand is at steadied. Usually employed
by beginners in writing.

Signature – a name of person signed by himself on a document as a sign of acknowledgement.

Model signature – genuine signature which has been used in preparing a simulated or traced forgery.
Evidential Signature – specimen signature which was executed in particular date, particular time and place,
under a particular writer’s condition and for a particular purpose.

Classes of Signature
1. Formal or complete – used in signing very important document
2. Informal or cursory – used for routine document
3. Careless scribble – used for not so important document such as delivery of mail or receipt of purchase
equipment etc.

Forgery – is an act of falsifying or counterfeiting any treasure or bank notes, paper bills or any documents which are
payable to the bearer.
- is an act of simulating or tracing somebody’s signature without the latter’s consent for profit.

Major types of Forgery

1. Simple forgery – a forges signature where no attempt has been made to make a copy or facsimile of the genuine
writing of a person purported to sign the document. Also known as spurious signature
2. Simulated or Copied forgery – a forged signature which resembles the genuine signature written in free-hand.
Considered as the most skillful type of forgery.
3. Traced Forgery – forged signature which closely resembles the genuine made by some tracing process or outline
form.
Methods of tracing
a. Carbon outline process – used of carbon paper.
b. Indention process- used of considerable pressure, Canal-like process.
c. Projection or transmitted light process- used of light from the back or bottom.
d. Laser method – used of hologram.

256
CHARACTERISTICS IN WRITING:
Characteristics – refers to any property, marks or elements which distinguishes. Also referred to as identifying
details.

Types of characteristics:
1. Class Characteristics – characteristics or properties which are common or which can be found in the
specimen writing of other person. Gross characteristics.
2. Individual Characteristics – characteristics which are highly personal or peculiar. That which is unlikely to
occur in other’s handwriting.

Elements of Forms in Writing:

1. Arc – the rounded inner part of an upper curve, bend or crook,
2. Beard – is an introductory up and down strokes found in some capital letters. Also called as double hitch.
3. Blunt – is a part of a stroke characterized by a abrupt beginning or end at which the pen does not creates a
diminishing strokes.
4. Buckle Knot is a horizontal or loop strokes used to complete letters A, H, F and D.
5. Central Part – is the body of the letter. Characterized by a small rounded or circular strokes.
6. Ductus-link, Ductus-broken- refers to the connection between letters, either joined or disconnected.
7. Eyelet/ eyeloop – refers to small oblong strokes.
8. Hitch – an introductory backward strokes found in most capital letters and in some small letters.
9. Hiatus = an obvious gap between letters.
10. Humps – is the outer portion of an upper curve bend or crook, (see arc)
11. Knob – is a tiny pool of an ink at the beginning or ending strokes.
12. Loop – is an oblong strokes
13. Stem/shank/staff – is considered as the backbone of the letter characterized by a long downward strokes
14. Initial/terminal Spur – a long running initial or terminal strokes.
15. Through – refers to any garland form of a letter strokes
16. Whirl – is the long upward strokes usually found opposite the stem

Embellishments – added strokes that serves as an ornamental or flourish to the design of the letters. They
considered unnecessary to the legibility of the writing.
Diacritics = strokes added to complete certain letters. They are necessary to the legibility of the letters.
Writing Movement – refers to all factors relative to the motion of the pen.

Line Quality – is the visible records in the written strokes of the basic movements and manner of holding
instrument. It is derived from a combination of factors, including writing skill, speed, rhythm, freedom of
movement, shading and pen emphasis.

Types of movement:
1. Finger (used by beginners)
2. Hand (wrist serves as the point of pivotal & of limited freedom)
3. Forearm (most skillful type of movement)
4. Whole arm (used for ornamental or large writings)

Elements of Writing Movement

1. Pen pressure – is the average or usual pressure applied in the writing.
2. Pen Emphasis – is the act of intermittently forcing the pen against the paper surface with an
increase in speed.
3. Rhythm – is the harmonious or balance recurrence of strokes or impulses.
4. Skills – refers to the degree of writer’s proficiency in writing

257
 5. Speed – cannot be measured precisely from the finished handwriting but it can be interpreted in
broad term as to either fast, slow or moderate.
6. Pen-lift – an interruption is strokes caused by sudden removal of the writing instrument from the
paper surface.
7. Shading – refers to the more obvious increase in the width of the letter strokes.
8. Pen Position – is the relative location of the pen in relation to the paper surface.
9. Pen scope – represents the reach of the hand with the wrist at rest.
10. Retracing or retraced – is the strokes which goes back over another writing strokes that is slightly to
occur in other’s writing.
11. Retouching or patching – is a stroke, which goes back over a defective portion of a writing to repair
or correct an error.

Factors that affects writing characteristics:

1. Natural Variations – is the usual or normal deviation found in a repeated specimen of an individual’s
handwriting or in the product of any typewriter.
2. Transitory Change – are meant to those changes which only continue to exist while the basic cause of the
deterioration is still affecting the writer, once the such cause has been removed from the writer, the writing
will reverts in its normal form.
3. Tremor – is the weakening of the strokes characterized by a wavering or shaky strokes. a. Genuine Tremor
a.1. Weakness of sickness
a.2 Old age
a.3. Illiteracy (lack of skills)
b. Tremor of Fraud
4. Writing Conditions – refers to all factors affecting the over-all quality of writing such as the writer’s condition
under which the writing was prepared.

5. Writing instrument
a. Ball point pen (John Loud) consisting of a ball bearing at the point of the pen.
b. Fountain pen (Lewis Watterman) consisting of pen nib point.
c. Fiber pen (originally designed by Hongkong)

Miscellaneous Document Problem

1. Detection of Alteration
Alteration - refers to any form of changes either an addition or a deletion to the original content of the
document which is not a part of its original preparation.
2. Decipherment of Erased Writings
Erasure – refers to removal of a writings or any part of a document either by mechanical or chemical
process.
Mechanical Erasure – done by means of abrasive method through rubbing or scrapping.
Chemical Erasure – done with the aid or use of bleaching agent called ink eradicator.
Usually examined with the aid or fuming, transmitted light, oblique light and ultra-violet light
examination.
3. Decipherment of Obliterated writing
Obliteration – is the process of smearing over an original writing to make it undecipherable or illegible. Done
with the used of superimposing inks. Usually examined with the used of Infra-red light.
4. Examination of Charred Document and water soaked document
Charred Document – refers to partly burned or brittle document. Decipherment is usually accomplished with
the used of infra-red light examination.
5. Development of Invisible writing
Invisible writing – writing that has no readily visible ink strokes. Made by Sympathetic inks such as
acids, juice and others. They are possible of development depending on the ink used. Methods of
development can be by heat. Water, chemical fuming or by ultra-violet light process.

6. Decipherment of Contract writing

258
 Contact writing – refers to partially visible ink strokes cause by sudden contact between a sheet of
paper with another paper containing fresh ink. Can be enhanced through fuming or ultra-violet light process.
EXAMINATION OF TYPEWRITING

Definition of Terms:
1. Typeface – is the printing surface of the type block in a conventional typewriter. In electric typewriter it is the
printing surface of the rotating head sphere.
2. Typeface defect – any form of peculiarity of the type printing caused by actual damage to the typeface metal or
which maybe an abnormality in its printing condition.
3. Characters – in connection to typewriting, it is used to include letters, symbols, numerals or points of punctuation.
4. Pica typeface – type face impression ordinarily spaced ten (10) characters to the horizontal inch.
5. Elite typeface – type face impression ordinarily spaced twelve (12) characters to the horizontal inch.
6. Proportional spacing machine – a typewriter with a type letter spacing similar to the type spacing of conventional
printed in which all letters are allotted horizontal in conformity with their relative widths.
7. Transitory Defects – is an identifying typewriter characteristics which can be eliminated by simply cleaning the
machine or replacing the ribbon.
8. Permanent Defects – any identifying typewriting characteristics of the type face which cannot be corrected by
simply cleaning the machine or replacing the ribbon.
9. Mal alignment or alignment defects – refers to defect in the printing condition of the type character in which the
letters are printed either at the top or bottom, left or right of inclined from its proper position.

Principal technique utilized in typewriting identification

1. Measure the type face pitch
2. Verify the type size and design (W-G-T)
3. Look for individual type face defects

Typeface Defects
1. Vertical mal alignment – a character printing above or below of its proper position.
2. Horizontal mal alignment – an alignment defect in which the characters are printed to the left or right of its
proper position.
3. Twisted letters – letters and characters are designed to be printed at a certain angle to the baseline. Once
letters leans to the left or right of its proper position such is called twisted letters.
4. Off-its-feet – is a condition of the type face printing at which then character outline is not equally printed,
that is the printing is heavier in one side than the remainder of the outline of the character.
5. Rebound – typeface defect in which a character prints a double impression with the lighter one slightly off-
set to the right or left.
6. Actual breakage – any peculiarity of typewriting caused by actual damage to the type face metal.
7. Clogged type face (dirty) – is a typeface defects characterized by dirty prints due to constant used without
cleaning of the type bar or due to use of new carbon. These are common in closed letter outline such as o,
a, p, g etc.

POLYGRAPHY

Polygraphy – is scientific methods of detecting deception done with the aid of a polygraph instrument.

Polygraph = (derived from the Greek words Poly) = many or several and Graph = (writing chart) is a scientific
instrument capable of recording simultaneously changes in blood pressure, pulse rate, respiration and skin
resistance as indicative of emotional disturbance especially of a lying subject when being questioned.

Thomas Jefferson = firs person known who used the term Polygraph to described one of his inventions
Definition of terms
1. Admission = is a statement of facts, partial acknowledgement of guilt and usually given with some
justification or exemplification in admitting.

259
 2. Confession = direct acknowledgement of guilt or a statement of guilt.
3. Deception = is the act of deceiving or misleading usually accompanied by lying.
4. Diastolic blood pressure = refers to the downward blood pressure representing the low pressure to the
closing of the valves and heart relaxed.
5. Dicrotic notch = refers to the short horizontal notch in a cardio-tracing located at the middle of the diastolic
stem.
6. Electrodermal response = it refers to human body phenomenon in which the skin changes resistance
electrically upon the application of certain external stimuli. Also referred to a Psycho galvanic skin reflex or
galvanic skin response.
7. Emotion = it refers to an emotional response to specific danger that appears to be beyond a persons
defensive power.
8. Environment = is the sum total of the dissimulation that a person acquired from the time he was conceived
and his exposure to his surroundings.
9. Heredity = is the transmission of physical and mental traits of the parents to their offspring through the
genes.
10. Interview = simple questioning of one who is willing and cooperative.
11. Interrogation = forceful questioning of a person who is reluctant to divulge information.
12. Lying = is the act of uttering or conveying falsehood or creating a false or misleading impression with the
intention of affecting wrongfully.
13. Normal response = refers to any activity or inhibition of a previous activity of an organism or part of the
organism resulting from stimulation.
14. Ordeal = refers to the oldest form of crime detection done by subjecting a subject to an obstacle or trial and
sometimes even involving third degree.
15. Specific response = refers to the response given by the subject which considered a deviation from the
normal tracing or norms of the subject.
16. Stimulus = refers to any force or motion coming from the environment and which reach an organism has
the tendency to arouse.
17. Systolic Blood pressure = the upward blood pressure as the apex of the curve caused by the contraction of
the heart, valves are open and blood is rushing into the arteries.

Ayur Vida = a hindu book of science and health around 500B.C. Considered as an earliest known reference to a
method of detecting deception.

EARLY METHODS OF DETECTING DECEPTION

1. Trial by Combat = a method to settle accusations in the absence of witnesses or a confession, in which two
parties in dispute fought in single combat.

2. Trial by Ordeal = a judicial practiced by which the guilt or innocence of the accused is determined by
subjecting them to an unpleasant, usually dangerous experience or in the present term would mean an
employment of “3rd degree”. The word “ordeal” was derived from the Medieval Latin word “ Dei Indicum” which
means “a miraculous decision”.
TYPES OF ORDEAL

1. Ordeal of Heat and Fire = in this test the suspect walked a certain distance, usually nine feet, over red-hot
plowshares or holding a red-hot iron.

2. Ordeal of Hot Water = this test requires that the water had to be boiled, and the depth from which the stone had
to be retrieved was up to the wrist for one accusation, and up to the elbow for three or more accusations.

3. Ordeal of Boiling Oil = this ordeal was practiced in villages of India and certain parts of West Africa.

4. Red Hot Iron Ordeal = the accused will be required to touch his tongue to an extremely hot metal nine (9)
times (unless burned sooner), Once his tongue is burned, he will be adjudged guilty. In some country instead of hot
iron, they used a hot needle to tease the lips and once the lips bleed it is an indication of guilt.

260
5. Ordeal of Cold Water = this ordeal has a precedent in the Code of Ur-Nammu and the Code of Hammurabi under
which a man accused of sorcery was to be submerged in a stream and acquitted if he survived.

= in 16th and 17th centuries, ordeal by water was associated with the witch-hunts. Floating is an indication of
witchcraft.

6. Ordeal of Rice Chewing = a method of detecting deception whereby an accused will be required to take rice (to
clergy bread or cheese).If the accused failed to swallow even a single grain of concentrated rice he/she will be
adjudged guilty.

7. Ordeal of Red Water (Food and Drink Ordeal) = in this method the accused will be required to run fast for twelve
(12 hours), take a cap of rice and drink a dark colored water (as much as one gallon).

8. Ordeal of the Cross = the accuse and the accuser stood on either side of a cross and stretched out their hands
horizontally. The one to first lower his arms lost.

9. The Test of the Axe = in Greece, a suspended axe was spine in the center of a group of suspects, when the axe
stopped, whosoever was in line with the blade was supposed to be the guilty as pointed by divine providence.

10.The Test of the Candle = this ordeal was used in Burma, the accuser and accused were each given identical
candles and were lighted at the same time. The candle that burns the longest determines which the truth.

11.Donkey’s tail (Ash tail) Ordeal = a method of ordeal where all accused persons will be instructed to select a cage
with a donkey, using a donkey’s tail they will strike the donkey and whichever cries first will be adjudged guilty.

12.The “Hereditary Sieve” = Dr. Hans Gross mentioned this Ordeal in his famous book on Criminal Investigation in
which beans were thrown into a sieve as the name of each suspect was called. The deception criteria were described
as follows--- “If the bean jumps out of the sieve, the owner of the name pronounced is innocent, if the bean remains
in the sieve, the person named is the thief.
IMPORTANT PERSONS IN THE DEVELOPMENT OF POLYGRAPH

Daniel Defoe = wrote an essay entitled, “An Effectual Scheme for the Preventing of Street Robberies and
Suppressing all other Disorders of the Night”

Angelo Mosso = In 1878, science came to the aid of the truth seeker through the research of an Italian
psychologist Angelo Mosso. He made used of an instrument called plethysmograph in his research on emotion
and fear and its influence on the heart and respiration.

= developed a scientific cradle

Cesare Lombroso = In 1895, Cesare Lombroso, an Italian Criminologist and tutor of Angelo Mosso, published
the second edition of his book entitled “L’Homme Criminel” which he relates the used of hydrosphygmograph
during interrogation of suspects. He called it blood pressure pulse test.

= he is considered as the first person to conceive the idea of lie detection and the first to apply the
technique in actual criminal suspects
Francis Galton = in 1879, introduced the Word Association Test using series of irrelevant questions and
relevant question separated in time.

B. Sticker = believed that the origin of the galvanic skin phenomenon was under the influence of the exciting
mental impressions and that the will has no effect upon it.

= he made the earliest application of psychogalvanometer to forensic problems.

Sir James Mackenzie = an English clinician and cardiologist, constructed the Clinical Polygraph in 1892, an
instrument to be used for medical examinations with the capability to simultaneously record undulated line
tracings of the vascular pulses (radial, venous and arterial), by way of a stylus onto a revolving drum of smoked
paper.

In 1906, Sir James Mackenzie refined his clinical polygraph of 1892 when he devised the Clinical Ink Polygraph
with the help of Lancashire watchmaker, Sebastian Shaw. This instrument used a clockwork mechanism for
the paperrolling and time-marker movements and it produced ink recordings of physiological functions that were
easier to acquire and to interpret.
261
 S. Veraguth = he is said to be the first person to use the term Psychogalvanic Reflex. Veraguth was the first
scientist to use the word association test with galvanometer.

= in 1907, he described his observation on galvanic phenomena and emotions that there was an ascending
galvanometer curve during the presentation of relevant stimuli versus the rest curve on non-crucial stimuli.

Vittorio Benussi = in March 1913, he presented a paper before the second meeting of the Italian Society for
Psychology in Rome where he described how he record the subject’s breathing patter using a Marey
Pneumograph which he noted the changes in inspiration-expiration ratio during deception .

= he also included recording of heart rate and blood pressure curve in detection of deception and probably
the first person to record more than one physiological response.
Dr. William M. Marston = in 1915 was credited as the creator of the systolic blood-pressure test used in an
attempt to detect deception during questioning, and using a standard blood pressure cuff and stethescope,
requiring repeated inflation of the pressure cuff to obtain readings at intervals during examination. This was
called Discontinuous Technique.

Harold Burtt = In 1918, Burtt suggested that the changes in respiration were an indication of deception .

= He was able to determine that the changes in respiration were of less value in the detection of deception
than the changes in blood pressure

John A. Larson = encouraged by August Vollmer of the Berkeley Police Department to conduct a research on
deception.

= Cardio-Pneumo Psychogram was Larson’s first instrument which was borrowed from Dr. Robert Jessel
and was invented by Earl Bryant
= in 1921, Earl Bryant made an instrument for Larson in which he used a breadboard as a base and from that
it became in the industry as Breadboard Polygraph – capable of recording continually and simultaneously the
respiration and cardiovascular activities.

= today he is known as the Father of Scientific Lie Detection and at the same time the Father of Polygraph
Leonarde Keeler = in 1926, he made a modification of Larson’s instrument. He developed that metal bellows
and kymograph that pulled a chart paper at a constant speed under recording pens from a roll of chart located
inside the instrument.

= in 1938, 1938, Keeler included the Psychogalvanometer (PGR), a third measuring component of his instrument
which was also known as Galvanic Skin Reflex (GSR) invented by Italian Physiologist Galvani in 1791.

= credited as the creator on Relevant-Irrelevant Technique.

= today Keeler is known as the Father of Modern Polygraphy.

Ruckmick = in 1936, the term Psychogalvanic Reflex used by Veraguth was repudiated by Ruckmick and proposed
the term Electrodermal Response.

John E. Reid = in 1950, he developed the Control Question which consist of a known lie and incorporated it into the
relevant/irrelevant technique.

= he developed a movement or activity sensor a means of recording arm and leg movements

= Reid also developed the silent answer test and guilt-complex test to be administered to overly responsive
examinee

Cleve Backster = developed the psychological set theory and the anticlimax dampening concept.
= he also developed and introduced the Quantification System of Chart Analysis (Numerical Scoring) which permits
the examiner to score the charts numerically according to standard rules.

262
Richard O. Arther = introduced the Arther II polygraph instrument which contains a stimulus marker capable of
recording the beginning and ending of question and the moment the examinee answered.

= credited as the creator of Stimulus Marker

= developed an instrument with two Galvanic Skin Resistance

Computerized Polygraph Instrument = in 1992, the polygraph made its official entrance into the computer age

TRIPOD FOUNDATION OF POLYGRAPHY

1. Psychological Leg Premise = states that specific nervous system component whose stimulation can thus be
diagnosed are so stimulated by the involuntary and emotional processes of the individual who is continuously attempting
concealment of deception especially if that individual has something at stake and the prevailing circumstances lead him
to believe that exposure to deception is quite possible although undesirable.

2. Physiological Leg Premise = that among the physiological responses that may be recorded are those that
automatically occur only following the stimulation of specific nervous component system

3. Mechanical Leg Premise = polygraph is capable of making graphic record containing reliable information regarding
physiological responses of the subject.

PSYCHOPHYSIOLOGY OF LYING

The Central Nervous System (CNS) = is composed of the brain and the spinal cord. All other nerve ways are
within the peripheral nervous system which separates into two: The Somatic Nervous System and the
Autonomic Nervous System.

1. Somatic Nervous System = is involved with voluntary comparative over skeletal muscles

2. Autonomic Nervous System = involved those involuntary physiological functions of the body and has considerable
psychological impact as well.

TWO DIVISIONS OF AUTONOMIC NERVOUS SYSTEM

1. Parasympathetic Nervous System (PNS) = the house keeping or braking system. It is responsible for
conserving energy and making sure necessary bodily functions. I

= restrains sympathetic arousal and attempt to maintain homeostatic (homeostasis) normal .

2. Sympathetic Nervous System (SNS) – is our emergency, or action system.

= a system which causes the sudden and dramatic change.

Homeostasis = is complex interactive regulatory system by which the body strives to maintain a state of internal
equilibrium.

Hypothalamus = is a series of groups of nerve cells of the brain that control the entire endocrine-hormonal
system.

Fight, flight, freeze = are the three stereotypic behavioral responses to threat, sometimes simply called F3. The
physiological responses concomitant to these behaviors are the same, namely mobilizing bodily resources for an
expenditure of energy, and narrowing attention and focus to the features of the threat.

When the sympathetic nervous system is activated, it immediately prepares the body for fight or flight by
causing the adrenal glands to secret hormones known as epinephrine and norepinephrine and the blood will be
distributed to those areas of the body where it is most needed to meet the emergency.
Epinephrine = is the hormonal stimulator of the sympathetic nervous system. It acts to constrict peripheral
blood flow, raise blood pressure, increase cardiac activity, promote metabolic activity through the release of
glucose, and inhibit digestive processes.

= it is called Adrenaline in British

263
 Norepinephrine = is a hormone secreted by the adrenal gland, it works alongside with epinephrine/adrenaline to
give the body sudden energy in times of stress, known as the "fight or flight" response .
=it is called Noradrenaline in British.
MAJOR COMPONENTS OF POLYGRAPH

1. Pneumograph = designed to detect and record changes in respiration of the subject which consists of the ff:

◼ Rubber Convoluted Tube = about 10 inches corrugated rubber attached to the body of the
subject.
◼ Beaded Chain = used to lock the rubber convoluted tube.
◼ Recording Pen Unit = consisting of two 5 inches recording pen
◼ Centering Knob = used to center the pen
◼ Sensitivity Knob = used to adjust the desired size of tracings
◼ Vent = used to release excess pressure from the system
◼ Pneumo Module = located inside the instrument that receives the reactions detected by the
corrugated tube and moves the pen to record the reactions on the chart

2. Cardiosphygmograph = Designed to detect changes in the cardiovascular activity of the subject. It consists
of:

a. Blood Pressure Cuff = attached to the upper right arm of the subject, above the brachial artery.

b. Sphygmamonometer = used to indicate the amount of air pressure inflated to the system. Usually
about 60 mm of mercury for male subject.

c. Recording Pen Unit = five (5) inches length

d. Air Pump/Pump Bulb = designed to supply air to the system

e. Cardio Module = located inside the instrument that receives the reactions detected by the cuff and
moves the pen to record the reactions on the chart

f. Sensitivity Control = used to adjust the desired size of tracings

g. Centering Control = designed to center the pen on the chart

h. Vent = Used to release excess pressure from the system

Cardiosphygmograph provides a record of the following:

1. Relative Blood Volume/Pressure = is the changes in the average value of the cardio tracing (waveform) with
respect to a baseline.

a. Diastolic Blood Pressure = refers to the downward blood pressure representing the low pressure to
the closing of the valves and heart relaxed.

b. Systolic Blood Pressure = the upward blood pressure as the apex of the curve caused by the
contraction of the heart, valves are open and blood is rushing into the arteries.

2. Pulse Amplitude = is the changes in pulse amplitude (tracing height) independent of baseline.

3. Pulse Rate = changes in heart rate or time between pulses.

4. Dicrotic Notch = changes in relative position of the dicrotic notch or pulse waveform

= short horizontal notch in a cardio-tracing located at the middle of the diastolic stem

3. Galvanograph = designed to detect changes in skin resistance of the subject. Consists of:

a. Finger Electrode Assembly consists of:

a.1. finger Electrode Plate and Retainer Bond = attached to the index and ring finger of the subject.

a.2. Connecting Plug = attached the system to the instrument

264
 b. Recording Pen Unit = usually 7 inches

c. Amplifier Unit = designed to support the galvanometer in converting electrical to mechanical current.

d. Sensitivity Control = used to adjust the desired size of tracings

e. Centering Control = designed to center the pen on the chart

f. GSR Module = located inside the instrument that receives the reactions detected by the finger electrodes and
moves the pen to record the reactions on the chart

How does it Records?

Galvanic Skin Response = is the change in the body’s resistance to the passage of a minute electrical sensing
current.

The electrodes electrically connect the subject to the instrument. These provide a 5 microamp sensing current to
the subject, far below the threshold of feeling.
Keymograph = serves as the paper feed mechanism of the polygraph machine
= It is a motor that pulls or drives the cart paper under the recording pen simultaneously at the rate of five seconds per
vertical chart division or twelve divisions in one minute run.

a. Chart = approximately 100 ft. rolled graph paper with approximately ¼ inch horizontal division and ½ inch
vertical division equivalent to 5 seconds run

b. Cutter Bar = used to cut the paper at the end of the test

c. Rubber Roller = the one responsible for pulling the paper out of the machine.

d. Pen Table = flat portion where the pen write on the chart.

e. Paper Rail Guide = serves as the security for the unnecessary movement of the chart paper or to ensure the
paper’s forward movement without shaking.

f. Synchronous Motor = runs the chart paper at the uniform rate speed regardless of the voltage change.

Pen and Inking System = the one that provides for the permanent record of the test

Capillary Ink = a water based ink intended for polygraph instruments

FORMULATION OF TEST QUESTIONS

General Rules in formulating Test Questions

◼ Questions must be simple and direct

◼ They must not involve legal terminologies ◼ They must be as simple and as short as possible ◼
Answerable by Yes or No.
◼ They must not be in a form of accusatorial.
◼ Their meaning must be clear and they must be phrased in a language that the subject can easily
understand.
◼ They must never contain inference which presupposes knowledge on the part of the subject.
◼ They must refer to one offense only
◼ They must refer to one element of the offense.
◼ They must not contain inference to ones religion, race or belief.

1. Irrelevant Question = a question that has no connection with the matter under investigation and deals with
known facts that the subject cannot be denied. It is designed to be emotionally neutral to examinees and
usually answerable by “yes’. Also called Neutral Question.
Characteristics of Irrelevant

1. It has no connection to the matter under investigation.

2.No threat to subject (usually).

265
 3. Neither innocent nor guilty suspects have reason to lie.

4. Usually about the suspect’s background.

5. Generally used at the beginning of polygraph technique to establish a ‘norm’ for examinee, or throughout the
examination as needed to reestablish norm pattern. Purposes of Irrelevant Question

1. Establish the professional authority in the room that means, the examiner asks questions and the suspect
answers.

2. It allows the examiner to assess the subject’s normal behavior for this heightened emotional situation.

3. Allows the examiner to identify something he has in common with the subject, to establish rapport.

4. It minimizes resistance.

2. Symptomatic Question = is designed to ensure that the examiner will not ask un-reviewed questions or that
the examinee is not afraid that the examiner will ask un-reviewed questions.

Examples:

◼ Do you believe me when I promised not to ask a question in this test I have not gone over word for
word?
◼ Even though I promised I would not, are you afraid I will ask a question in this test I have not gone
over word for word?

3. Sacrifice Relevant Question = it introduces the relevant question to the subject

= designed to absorb the response generated by the introduction of relevant question in the series
Example:

◼ Regarding the (matter under investigation), are you willing to answer the questions truthfully?

4. Relevant Question = a question deals with the matter under investigation. Color coded red in computerized
instruments. It is designed to generate reactions from deceptive subject.

Types of Relevant Question

a. Primary Relevant (Strong Relevant) = addresses the primary issue or direct involvement of the subject on the
matter under question. It is use primarily with the single-issue examination.
◼ Ex. Did you take that missing money?
b. Secondary Relevant (Weak Relevant) = deals with the physical acts that support the primary issue. This is usually
use in multi-issue examination.

◼ Ex. Did you participate in the theft of that missing money?

c. Guilty Knowledge = designed to probe whether the subject possesses information regarding the identity of the
offender or the facts of the case under question.

◼ Ex. Do you know who took that missing money?

d. Evidence Connecting Question = test question in which the examinee is asked about a particular piece of physical
evidence that would incriminate the guilty person. It could be items left at the crime scene by the perpetrator or
stolen property.

◼ Ex. Do you know where any of that missing money is right now?
5. Comparison Question = a question which is the same in nature with that of the relevant question but broad in scope.

= is used for comparative purposes with the relevant question.

= designed to generate reactions from truthful subject.

Types of Comparison Question

266
a. Directed Lie Comparison Question (DLC) = a comparison question in which the examinee is instructed by the
examiner to answer the questions untruthfully.

Some examiners actually get admission to comparison questions and then instruct the examinee to lie to that
question when it is asked.

b. Probable Lie Comparison Question (PLC) = a question to which it is likely that the examinee is untruthful with his
answer.

= PLC questions are broad in scope and usually based on actions categorically similar to that of the issue under
investigation Types of Probable Lie

a. Inclusive = a comparison question which include the relevant time period under investigation . It was originally
designed by Reid.

= this type of question usually starts with the phrase: “In your entire life,…..”. Also termed as inclusionary.

b. Exclusive = a comparison question separated in time, place and category from the relevant question. It was
introduced by Cleve Backster. He believes that this prevents the guilty suspect from perceiving the comparison
question as an ambiguous relevant question.

Example:

◼ During the first __ years of your life, did you ever ____?
◼ Prior to 2009, did you ever _____ ?
◼ While in college ______?
◼ Between the ages of __ & __, did you ever _____?

Types of Polygraph Technique/Test

1. General Question Test = consist of series of relevant, irrelevant control questions in a planned order.
Developed by
John E. Reid
2. Relevant/Irrelevant Test = consists primarily of series of irrelevant questions and relevant question
pertaining to the crime under investigation. Developed by Keeler.

3. Peak of Tension Test = consist of only one relevant and a series of irrelevant questions.

= resemble, in every general way, the card test, for it consist essentially of the asking of a series of question in which
only one has any bearing upon the matter under investigation.

= padding questions before and after the relevant questions.

Two Types of POT Test

◼ Known Solution Peak of Tension Test (KSPOT) = is used to determine whether the examinee is aware of
details of a crime that have been kept from the general public and would presumably only be known to
the perpetrator of the crime or those with incriminating knowledge.
◼ Searching Peak of Tension Test (SPOT) = is used to determine details of a crime that are not known to
officials, such as the location of an unrecovered body, but would be known to a participant in the crime.

4. Card test / Acquaintance Test / Stimulation Test = the subject is presented with seven (7) previously
numbered cards face down.

= he will be instructed to take one, look at it and return it with the rest of the cards.

= the examiner will shuffle the cards and each card will be shown to him, with the instruction that he will
answer “NO” to all cards , even if the one being shown to him is the one he has seen earlier.

5. Guilt Complex Test = used primarily for overly responsive subjects.

267
 = a totally fictitious incident but a similar nature to the matter being investigated and make him believe it is
real.

= The purpose is to compare the response with those response made concerning the actual matter under
investigation

6. Silent Answer Test = Subject is instructed not to give any verbal answer, the subject will only answer in his
mind.

7. Comparison Question Test (CQT) = the reactions on the control and relevant questions are compared via
numerical scoring
Polygraph Examiner = is one who is capable of detecting deception and verifying the truthfulness of statement
through the use of a polygraph instrument.

= is someone who has successfully completed formal education and training in conducting polygraph
examination and is certified by his agency to conduct such examination.

Subject = is any person who undergoes polygraph examination.

Polygraph Examination = a process that encompasses all activities that take place between a polygraph
examiner and an examinee during a specific series of interactions. For a valid polygraph examination to exist,
respiration, EDA, and Cardiovascular activity must be monitored and recorded.

Two Types of Polygraph Exam

1. Mixed Issue Exam = multiple-issue polygraph testing like screening of applicants or audit of employees or
persons with security clearances.

2. Diagnostic Exam = a test which involves specific case investigation.

Types of Diagnostic Exam

1. Single Issue Exam = a test which inquires direct involvement of subject into a specific case under question.

2. Mult-facet Exam = test format in which the relevant questions are targeted toward different elements of
the same crime.

Stages in the Conduct of the Polygraph Test

◼ Initial Interview With the Investigator

1. Pre-test Interview = an interview conducted by the polygraph examiner designed to prepare or condition the
subject for the actual test. It usually last for about 20 – 30 minutes

a. Determining the subject physical, mental and psychological suitability to undergo the test

a.1. the subject should avoid taking drugs at least 12 hrs before the test

a.2. the subject if female should not be pregnant

a.3. the subject should not be hungry

a.4. the subject should not be physically or emotional abuse

a.5. the subject should not be suffering high blood or hypertension.

b. Informing the subject of his Constitutional Rights (if the examiner is a law enforcement

officer) c. Taking of the subject consent

d. Taking of the subject personal data

e. Discuss with the subject the crime/issue under investigation

f. Preparing the subject for the test – administration of stimulation test

268
2. ln-Test (Actual Test) = is the actual conduct of the test administered by a polygraph examiner

Conditions of the Room

◼ It should be spacious for two persons

◼ Well lighted
◼ Well ventilated
◼ Sound Proof
◼ Not decorated

3. Post-test Interview or Interrogation = is an interview or an interrogation administered by a polygraph

examiner after the test designed to obtain confession or admission by the subject. = interview is conducted
when the reactions indicate an innocent response and very cooperative to the examiner. = interrogation is
conducted when the reactions show sign of deception and being uncooperative to open an information.
Chart markings = are annotations of the physiologic tracings to denote stimulus (question) onset and offset,
examinee’s answer, question number, question label, artifacts, and other details important to the interpretation
of the physiological data.

Two Types Chart Markings

1. Primary Markings = these are markings which indicate the beginning and end of examination as well as the
questions and answers of the subject. These are usually placed at the bottom or top of the polygraph chart

a. X – it indicates the start of the test. The examiner informs the subject that the test is about to begin.
b. I I – is a stimulus mark. The first vertical line marks when the examiner starts asking question. Second vertical
line marks when the examiner finishes asking question.
c. + - a positive sign which indicates that the subject answers the question with “yes”. This also indicates the
period when the subject answers the question and usually followed by a “number” indicating the order number
of question, example +3, +4, +5….)
d. – a negative sign indicating that the subject answers the stimulus with “no”. This also indicates the period when
the subject answers the question and usually followed by a “number”.
e. XX – indicates the end of test.

2. Secondary Markings = are markings which are placed only if the examinee does something which will cause the
physiological tracings to distort. These markings are usually placed below the affected tracing.

k. SLP – Sleep
l. B – Belch
a. M – Movement m. OSN – Outside Noise
b. T – Talking n. ISN – Inside Noise
c. DB – Deep Breath o. EE – Examiner Error
d. C – Cough p. WRQ – Will Repeat Question
e. CT – Clear Throat q. MI – Movement Instruction
f. SW – Swallow r. TI – Talking Instruction
g. SNF – Sniff s. AI – Answering Instruction
h. Y – Yawn t. BI – Breathing Instruction
i. SZ – Sneeze u. WU – Wake-Up
j. LGH – Laugh v. TDB – Take Deep Breath

INTERPRETATION OF POLYGRAPH DATA

Important Terms to Consider

269
◼ Analysis Spot = The relevant and control questions that are actually evaluated during spot analysis.
◼ Artifact = A change in an examinee’s physiological pattern that is not attributable to a reviewed test
question. It includes examinee’s movements during the examination.
◼ Blind chart Analysis = Evaluation of PDD recordings without the benefit of extrapolygraphic
information, such as subject behavior, case facts, pretest admissions, base rates of deception, etc
◼ Deception Indicated (DI) = A decision of DI in PDD means that (1) the physiological data are stable and
interpretable, and (2) the evaluation criteria used by the examiner led him to conclude that the
examinee is not
wholly truthful to the relevant issue.
◼ Exosomatic = Something generated from outside the body. Skin resistance is exosomatic measures
because electrical current is applied from outside sources to detect the electrodermal activity.
◼ EDA Recovery Phase = The physiological activity displayed in an EDA tracing that occurs between the
highest peak and subsequent return to the pre-stimulus or newly established baseline . The EDA
recovery phase begins once the tracing ahs reached its highest peak.
◼ EDA Rise Time = The physiological activity displayed in an EDA tracing beginning with response onset
and ending at the peak.
◼ No Deception Indicated (NDI) = is a conventional term in PDD, NDI signifies that the polygraph test
recordings are stable and interpretable and the evaluation criteria used by the examiner led him to
conclude that the
examinee was truthful to the relevant issue.
◼ Test Data = The signal of interest that may consist of artifacts, recovery or examinee’s physiological
response to stimuli.
◼ Test Data Analysis = Analysis of the psychophysiological response activity (time) displayed between
response onset. Typically, this is the time from response onset until return to the pre-stimulus (phasic
response) or a
newly established baseline (tonic) response.
◼ Recovery = A deviation in polygraph tracing attributable to a physiological phenomenon occurring as a
compensatory action after a response or an artifact .
◼ Response = A physiological change that occurs following, and is attributable to the presentation of
applied stimulus.
◼ Phasic Response = A known origin response to a specific stimulus that is generally seen as an upward
movement from the baseline with subsequent return to the pre-stimulus or original baseline .
◼ Tonic Response = A known origin response to a specific stimulus that is generally seen as a movement
from the pre-stimulus baseline and establishment of a new baseline without returning to the pre-
stimulus baseline.
◼ Response Amplitude = The displayed physiological activity reflected in a polygraph tracing occurring
between response onset and response peak (highest level from pre-stimulus baseline ).
◼ Response Duration = The physiological activity (time) displayed between response onset and offset.
Typically, this is the time from response onset until return to the pre-stimulus baseline (phasic
response) or a newly
established baseline (tonic response).
◼ Response Latency = The time between stimulus onset and response onset.
◼ Response Onset = The first indication of change from the pre-stimulus level of physiological activity to
an applied stimulus.
◼ Response Onset Window = The period of time between stimulus onset (verbal presentation of
question) and an examinee’s verbal answer to that stimulus.
◼ Spot Analysis = The procedure wherein each component tracing is separately evaluated by comparing
the response of a relevant question to the response of a comparison question.
◼ Stimulus Onset = It is the beginning of the presentation of the first word of a question .
◼ Tonic Level = It describes the examinee’s physiological response when resting. An examinee’s level of
physiological activity occurring prior to stimulus onset . This is sometimes referred to as the resting or
baseline
activity level.
◼ Zone = A concept coined by Cleve Backster. A zone is a twenty to thirty-five seconds block of
polygraph chart time initiated by a question having a unique psychological focusing appeal to a
270
 predictable group of examinees

Two types of Chart Interpretation

◼ Global Analysis
◼ Numerical Scoring
◼ Manual Numerical Scoring
◼ Computer Scoring Algorithm

GLOBAL ANALYSIS

In global analysis, the examiner looks for significant reactions that occur repeatedly which is referred to as
“Conspecnificance”. Conspecnificance is the consistency of reaction to a specific question with significant magnitude

◼ NUMERICAL SCORING
The numerical scoring is a method of rendering polygraph decisions that are based exclusively on numeric values that
have been assigned to physiological responses recorded during a structured polygraph
examination

ELEMENTS OF SCORING SYSTEM

1. Reaction Features = are raw physiological data that a polygraph examiner should look into the polygraph chart for
numerical interpretation. It can be scored using the seven position or three position rules. Only reactions on the relevant
and comparison questions are scored during interpretation.

2. Transformations = In transforming physiological data, combine observations of reactions to relevant and control
stimulus into a single value for each component and for each presentation of each of the target stimuli.

◼ Red questions (relevant) are compared to Green question (control)

◼ Assign a - score when there is a larger response to a relevant question
◼ Assign a + score when there is a larger response to a control question
◼ Different scoring systems used different scoring rules in assigning numerical value to particular reaction features
on the relevant and comparison questions.
3. Decision Rules = determines when data meet the criteria for inclusion in a particular category.

= final step in polygraph numerical scoring, producing decisions of Deception Indicated, No Deception Indicated,
and Inconclusive.
= artifacts such as deep breaths, coughs, movements, and physiological abnormalities (premature ventricular
contractions) affect the quality of tracings for scoring. All these should not be scored.

ACCURACY AND RELIABILITY OF POLYGRAPH RESULTS

◼ Accuracy = the condition or quality of being true, correct, or exact ◼ = refers to validity (state or quality of
being well founded).

Types of Validity

◼ Face Validity = opinion or consensus of experts

◼ Content Validity = selection of pertinent issues of inquiry
◼ Predictive Validity = ability to predict a future outcome
◼ Concurrent Validity = ability to identify what is already known
◼ Convergent Validity – new info coincide with extant info
◼ Divergent Validity – new info separates extant ideas
◼ Construct Validity – meaningful defined and understandable relationships (correlations) between various
phenomena
◼ Criterion Validity – accuracy of category decisions

271
 ◼ Incremental Validity – professional decision accuracy improves with the use of additional information

Reliability = refers to stability or consistency of measurement. Reliability studies in PDD often examine the rate of
decision agreement among examiners on polygraph test charts.

Two Types of Reliability

1. Interrater reliability = denotes agreement among examiners

2. Intrarater agreement (test-retest reliability) = pertains to an examiner agreement with his own decisions when
evaluating the charts on different occasions.
Note:

Reliability is not the same as validity, which means accuracy. A technique cannot be more valid than it is
reliable. A technique can have high agreement without high accuracy, though the reverse is not true.

Goals of Polygraph Testing

◼ Sensitivity = Ability to detect or notice the issue.

◼ Specificity = Ability to reject non-involved cases.

Threshold of Accuracy According to American Society for Testing Materials (ASTM)

◼ Ninety (90) Percent = for evidentiary polygraph examinations. Evidentiary polygraph examinations are
those conducted specifically for courtroom purposes.
◼ Eighty (80) Percent = for investigative polygraph examination. Investigative polygraph examinations are
used for non-judicial purposes.
◼ Both evidentiary and investigative examinations are permitted to an inconclusive rate of twenty
(20) percent.

Result Errors

◼ False Negative = refers to the failure to detect the presence of a particular event or item.
= in polygraphy refers to the incorrect decision that deception was not practiced by the examinee .

◼ False Positive = is the false detection of something that is not actually present. In polygraphy =
it is the incorrect decision that deception was practiced by the examinee.
Admissibility of Result

In the Philippines, polygraph results are not admitted as evidence. Many polygraph examiners and lawyers
have attempted presenting polygraph evidence in court but all resulted to futile.

Philippines

◼ Rule 130 section 49 of the Rules on Evidence provides that:

“The opinion of a witness on matter requiring special knowledge, skill, experience or training which he shown
to posses, may be received in evidence.”

U.S. United States v. Frye – 1923 – NOT ADMITTED AS EVIDENCE

(First case in Polygraphy)
Daubert v. Merrell Dow Pharmaceuticals - 1993 (U.S.)

Areas of Inquiry:

◼ the theory or technique in question can be (and has been) tested;

◼ whether it has been subjected to peer review and publication;
◼ its known or potential error rate;
◼ the existence and maintenance of standards controlling its operation; and
◼ whether it has attracted widespread acceptance within a relevant scientific community.
272
 In New Mexico, the Supreme Court, in State v. Dorsey in 1973, ruled that:

“Polygraph results are admissible as long as (1) the polygraph operator is competent, (2) the procedure used is
reliable, and (3) the “tests made on the subject” are valid.”

In 1983, New Mexico then codified the admissibility of polygraph results with Rules of Evidence, which states
that:

"Subject to the provisions of these rules, the opinion of a polygraph examiner may in the discretion
of the trial judge be admitted as evidence as to the truthfulness of any person called as a witness if the
examination was performed by a person who is qualified as an expert polygraph examiner .”

LEGAL MEDICINE

Law- defined as a rule of conduct, just and obligatory, land down by legitimate authority for the common
observance and benefit.

Medicine- A science and art of dealing with prevention, cure and alleviation of disease. It is that part of science
and art of restoring and preserving health.

Legal- Refers to anything conformable to the letters or rules of law as it is administered by the court.

Jurisprudence- A science of giving wise interpretation of the Laws.

Legal Medicine = is that branch of medicine which deals with the application of medical knowledge to the purposes
of law and in the administration of justice.

Forensic Medicine = use of medical science to elucidate legal problems in general without specific reference or
application to a particular case.

= it encompasses a variety of fields in forensic science such as pathology, anthropology, odontology, toxicology,
entomology, and others.

Medical Jurisprudence = a branch of law which concerns with the aspects of law and legal concepts to medical practice.
It includes rights, duties, and liabilities of physician, patient and health institution.

Medico-Legal Cases
1. Injuries or deaths involving persons who have no means of being identified.
2. Persons pronounced as “dead on arrival”
3. Death under the following circumstances:
a. Death occurring within twenty-four (24 hrs.) of admission when the clinical cause of death is unknown
or indeterminate:
b. Unexpected sudden death especially when the deceased was in apparent good health;
c. Death due to natural diseases but associated with physical evidence suspicious of foul play;
d. Death as a result of violence, accident, suicide or poisoning; and
e. Death due to improper or negligent act of another persons.
4. Physical injuries caused by:
a. gunshot wound, stab wound etc.,
b. Vehicular accident;
c. Asphyxia
d. Electrocution, Chemical or thermal insult;
e. Accident, Attempted homicide or suicide; and
f. Poisoning
5. Cases of child abuse, domestic violence, rape alcoholism and drug addiction.
6. Cases involving the mental in competency of the patient.
Difference between a medical jurist and an ordinary physician

273
 1. An ordinary physician ignores trivial injuries not needing treatment which a medical jurist records all injuries to
qualify the crime or justify the act.
2. An ordinary physician sees injury or disease to be able to treat while a medical jurist sees injury or disease in
order to find out the cause.
3. The purpose of an ordinary physician is to arrive at a definite diagnosis and institute proper treatment while a
medical jurist testifies on bodily lesion seen for justice.

Difference Between Legal Medicine and Medical Jurisprudence

1. Legal medicine is a branch of 1. Medical jurisprudence is a branch of law
medical science
2. It is a medicine applied to law 2. It is a law applied to the practice of medicine
and administration of justice
3. It originates from the 3. It emanates from the act of congress, executive
development of medical science orders, administrative circulars customs and usages and
decisions of tribunals which have relation to the practice
of medicine

4.It is based on the principle of 4. it is based on the principle of subordination; that is

coordination; that legal medicine the duty of the physician to obey the laws in as much as
coordinate medicine to law and our government is established on the principle of
justice government of laws and not of men and that no one is
considered above the law.

The Medico-legal System

1. Medico-Legal Office System
The system used in the Philippines, which is handled by a medical jurist who is a registered
physician duly qualified to practice medicine in the Phils. The National Bureau of Investigation and the
Phil. National Police have
their own medical jurist who handles medicol-lagal cases . His duty is to examine the victim or assailant,
to make
report, and to appear in court as an expert witness when summoned by the proper authorities.

2. Medical Examiner System

This is a system under the control of the Chief medical Examiner that is a doctor of medicine and
appointed by the mayor from the classified lists compiled by the civil service by the basis of competitive
examination. The office of the chief medical examiner is on 24 hours work with clerical staff always present.
His duty is to investigate the cause of death especially violent death of the victim.

3. Coroner System
The coroner system is headed by a country coroner or borough coroner who may be a barrister,
solicitor or a legally qualified practitioner of not less than five (5) years standing in his profession and is
elected by the county council or borough council.

The coroner is an inquest officer whose duty is to inquire into the circumstances of certain medico-legal
deaths within his jurisdiction. Unlike the medico-legal officer or the medical examiner whose qualifications,
duties, and powers are practically the same, the coroner has investigative and judicial functions.

Medical Evidence

Evidence is the means, sanctioned by the Rules of the Court, of ascertaining in a judicial proceeding the
truth respecting a matter of fact

Types of Medical Evidence:

I. Autoptic or Real Evidence:

274
 This is an evidence made known or addressed to the senses of the court. It is not limited to that
which is known through the sense of vision but is extended to what the sense of hearing, taste,
smell, and touch is perceived.

Limitations to the presentation of Autoptic:

a. Indecency and Impropriety – Presentation of an evidence may be necessary to serve the best
interest of justice but notion of decency and delicacy may cause inhibition of its presentation.
b. Repulsive Objects to those Offensive to Sensibilities- Foul Smelling objects, persons suffering
from highly infectious and communicable disease, or objects which when touch may mean
potential danger to the life and health of the judge may not be presented.

II. Testimonial Evidence:

A physician may be commanded to appear before a court to give his testimony. While in the witness
stand, he is obligated to answer the question propounded by the counsel and presiding officer of the court.
His testimony must be given orally and under oath or affirmation.

a. Ordinary Witness:

A physician: who testifies in court on matters be perceived from his patient in the course of
physicianpatient relationship is considered as an ordinary witness.

b. Expert Witness:

A physician on account of his training and experience can give his opinion on a set of medical
facts. He can deduce of infer something, determine the cause of death or render opinion
pertinent to the issue and medical in nature.
III. Experimental Evidence:
A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof
to an opinion he previously stated.

IV. Documentary Evidence:

A document is an instrument on which is recorded by means of letters, figures or marks

intended to be used for purpose of recording that matter which may be evidentially used. The term applies
to writings, to words printed, lithographed or photographed; to seals, plates or stones on which inscriptions
are cut or engraved; to photographs and pictures; to maps or plans. V. Physical Evidence:
These are 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 in general assist in the prosecution of a criminal.

Types of Physical Evidences:

a. Corpus Delicti Evidence- Objects or substance which may be a part of the body of the crime.
b. Associative Evidence- These are physical evidences which link a suspect to the crime.
c. Tracing Evidence- These are physical evidences which may assist the investigator in locating the
suspect.

MEDICO-LEGAL ASPECTS OF IDENTIFICATION

= Law of Municipality of Evidence (is true in the case of identification.)

The greater the number of similarities or dissimilarities, the greater is the probability for the conclusion to
be correct.

= The value of the different points of identification varies in the formulation of conclusion.
= The longer the interval between the death and the examination of the remains for purposes of
identification, the greater is the need for experts in establishing identity.

275
 = It is necessary for the team to act in the shortest possible time specially in cases of mass disaster.

= There is no rigid rule to be observed in the procedure of identification of persons.

Importance of Identification of Persons:

1. In Criminal case, the identity of the offender and that of the victim must be established, otherwise it
will be a ground for the dismissal of the charge or acquittal of the accused.
2. Identification of missing person or presumed dead will facilitate settlement of the estate, retirement,
insurance and other social benefits. It vests on the heirs the right over the properties of the
identified person.
3. Identification resolves the anxiety of the next-of-kin, other relatives and friends as to the
whereabouts of a missing person or victim of calamity or crime.
4. Identification may be needed in some transaction, like cashing of check, entering a premise, delivery
of parcels or registered mail in post office, sale of property, release of dead bodies to relatives,
parties to a contract, etc.

Methods of Identification:
1. By comparison – with the used of standard specimen, evidence under question can be compared in
order to effect identification.
2. By exclusion = is two or more persons have to be identified and all but one is not yet identified, then
the one whose identity has not been established may be known by the process of elimination.
Ordinary methods of Identification
I. Points of Identification applicable to the living only:
a) Characteristic that may easily be changed:
- Growth of chair, beard or mustache
- Clothing
- Frequent place of Visit
- Grade of profession
- Body ornamentation
b. Characteristic that may not easily be changed:
- Mental memory
- Speech
- Gait a manner of walking or moving on food (Webster dic.)
1. Ataxic Gait- a gait which the foot is raised high, thrown forward and brought
down suddenly.
2. Cerebellar gait- a gait associated with staggering movement.
3. Cow’s Gait- a swaying movement due to knock-knee.
4. Paretic gait- a gait in which the steps are short, the feet dragged, the legs held
more or less widely apart.
5. Spastic gait- a gait in which the legs are held together and moves in stiff
manner, and the toes to drag and catch.
6. Waddling gait- a gait resembling duck 7. Frog gait- a hoping gait in infantile
paralysis.

Gait line = the straight line connecting the center of the succeeding steps. It is more or less in zigzag
fashion especially when the legs are far apart while walking

Foot line = the longitudinal line drawn on each foot mark.

- Mannerisms- These are the characteristic movement of the body peculiar

to a person.
1. Way of sitting
2. Movement of the hands
3. Movement of the body
4. Movement of the facial muscles
276
 5. Expression of the mouth while articulating
6. Manner of learning
- Hands and feet

- Facies
- Left or right handedness
- Degree of nutrition (thin, medium built or stout)
- Changes in the eye

II. Points of identification applicable to both living and dead before onset of decomposition:

1. Occupational Marks
2. Race- In the living, race may be presumed on:
a. Color of the skin
Caucasians- fair
Malayans- brown

Negroes- Black

b. feature of face:
Caucasian- prominent sharp nose

Malayan- flat nose with round face

Mongolian- almond eyes such and prominent cheek bones.
Negroes- thick spreading lips

c. Shape of Skull
Red Indians- Flat head
Malayan- Round
head

3. Stature (height)
Methods of approximating the height of a person

a. measure the distance between the height of a person fingers of both hands with the
arms extended laterally and it will be equal to the height of the person.
b. Two time the length of one arm plus 12 inches for the clavicle and 1.5inches for the
sternum is the approximate height.
c. Two times the length from the vertex of the skull to the public symphyses.

c.1. The distance from the sternal netch and the public symphyses is about
one-hand of the height.
c.2 The distance from the base of the skull to the coccyx is about 44% of the
height.

4- Teeth

The following points must be considered in the study of the teeth for identification process:

d. Determine whether it is temporary or permanent set;

e. Number of teeth present;
f. Number of teeth lost, including evidence of length of time lost;
g. Nature of the teeth present, whether reverse, crooked, mal-aligned or straight;
h. Condition of those present, whether carious, colored, presence of cavities, erosion, filling
and cleanliness;
i. Presence of supernumenary teeth;

277
 j. Odontoid gum; and
k. Extraction, dental fitting, permanent bridge work, fitting of crown and filling cavities. =
the most convenient way of identifying a person by means of the teeth is the use of
dental diagram or chart.

5- Tattoo marks

Importance of Tattoo marks

a. It may help in the identification of the person

b. It may indicate memorable events in his life
c. It may indicate the coial stratum to which the person belongs
d. It implies previous commitment in prison or membership in a gang

Methods of Tattoo Removal

A. Excision = involves an injection of a local anesthetic to numb the area after which
the tattoo is removed surgically. The edges are then brought together and sutured.
B. Dermabrasion = a small portion of the tattoo is sprayed with a solution that freezes
the area. The tattoo is then “sanded” with rotary abrasive instrument causing the
skin to peel. Because some bleeding is likely to occur, a dressing is immediately
applied to the area.
C. Laser = Laser surgery is considered to be one of the best methods of tattoo
removal. The Q-switched Nd: Yag, Q-switched Alexandrite and the Q-switched Ruby
are among the most frequently used lasers. If necessary, a cream to numb the skin
can be applied prior to the treatment. Pulse of light from the laser are directed unto
the tattoo breaking up the tattoo pigment. Over the next several weeks the body’s
scavenger cells remove the treated pigmented areas. More than one treatment is
usually necessary to remove all of the tattoo.
D. Salabrasion = a centuries old procedure using local anesthetic applied around the
tattoo area after which a solution of ordinary tap water dipped in table salt is applied
and an abrading apparatus such as the one used in dermabrasion or even a simplier
device is used such as a wooden block wrapped in gauze.
6- Deformities

7- Birth marks
8- Injuries leaving permanent result

9- Moles

10-Scars = They are composed of fibrous tissues which take the place of the original tissues
which have been injured or destroyed. They are devoid of specialized tissue so they do
not contain pigment layers, sweat or sebaceous glands.

a. Recent scars of two to three weeks old are vascular with red or pink color.
b. Contracted bloodless scars with white and glistering surfaces are usually more than six
months
old;
c. Scars resulting from superficial wounds and from wounds healing by first intention
develop earlier.

SOME SCARS MAY SHOW CHARACTERISTICS APPEARANCE SUCH AS:

A. Surgical Operation = regular form and location with stitch marks.

B. Burns and sealds = scars are large, irregular in shape and may be keloid.
C. Gunshot wounds = disc like with depressed center. They may be adherent to the underlying
tissues.
D. Tuberculous sinus = irregular in shape, furrowed, with edges hardened and uneven.

278
 E. Gumma = depressed scar following loss of tissue
F. Venesection = located at bend of elbow, dorsum of feet, or at the temporal region.
G. Lupus = bluish –white scar
H. Wetcupping = short parallel scars on the lower part of the back and loin.

11- Tribal marks

A common practice of some tribes in Africa is to place some marks on the exposed
parts of the body.

12- Sexual organs

Circumcision may help in identification. The uterus and breast may indicate previous
pregnancy. The best evidence of sexuality is the presence of Testes in Male and Ovaries
in the Female.

13- Blood examination ( ABO grouping and MN typing)

Extrinsic Factors in Identification:

b) Identification of ornamental wearing apparel

c) Personal Belongings
d) Clothing’s
e) Dust
f) Identification by close friend
g) Criminal Records
h) Photograph

Methods of Identification

1. Portrait Parle (Personal description) “speaking likeness” Is a verbal, accurate and picturesque description
of the person identified.
2. Photography
3. Anthropometry (Bertillion System)

A system of identification based on the measurements of the various bony structure of the human body
came to be known when it was introduced in the police department in Paris, France in 1882 by Alphonse
Bertillon.

Bases of the Bertillion’s method of identification

a. Human skeleton does not change after 20 years.
b. It is impossible for two human beings to have bones alike.
c. Measurement easily taken with the aid of simple instrument.

West case:

In 1903, Will West arrived at the US Petretentiary at the Leavenworth, kaneas. While West was being
processed in through identification, a staff member said that there was already a photograph and
Bertillon measurement for him on the file. But a comparison on fingerprints showed that despite
identical appearances and nearly identical Bertillon measurements, the identification card on file
belonged to a Willian West, who had been in Leavenworth since 1901.
4. Fingerprint Identification
5. Handwriting Identification
6. Blood Grouping and Blood Typing
7. DNA Testing (Deoxyribonucleic acid) (A-adenine, C- cytosine, T- thymine, and G- guamine Sequence)

279
 LIGHT AS A FACTOR IN IDENTIFICATION

1. Clearest moonlight or starlight

= experiments have shown that the best known person cannot be recognized under the clearest moonlight at a
distance greater than 16 to 17 yards and by Starlight any further than 10 to 13 yards.

2. Broad Daylight
= a person can hardly recognized another person at a distance further than 100 yards if the person has
never been seen before; but person who are almost stranger may be recognized at a distance of 25 yards.

3. Flash of Firearm
= Although by experiment by experiment letters of two inches high can be read with the aid of the
flash of a caliber.22 firearm at a distance of two (2) feet it is hardly possible for a witness to see the
assailant in case of a holdup or a murder because:

a. Usually the assailant is hidden

b. The assault is unexpected and the intention of the person or witness is at its minimum.
4. The flash of Lighting

= produces sufficient light from the identification of individual provided that the person’s eye is focused towards
the individual he wishes to identify during the flash.

5. In case of artificial light. The identification is relative to the kind and intensity of the light.

IDENTIFICATION OF THE SKELETON

Following points can be determined

Whether the remains are of human origin or not.

- oval or round shape of the skull
- less prominent lower jaw and nasal bone Whether the remains come from a
single individual or not
- complete layout of the bones on a table in their exact locations in the human
body is necessary.
- Any plurality denotes that the remains belong to more than one (1) person. k)
Height
l) Determination of the Sex of the skeleton
- the following bones must be studied
a. pelvis
b. skull
c. sternum
d. femur
e. humerous

DETERMINATION OF AGE
Legal Importance of Age Determination
1. For Identification
2. To Determine Criminal Liability
3. For Right of Suffarage or in the exercise of other political rights
4. For the exercise of civil rights
5. Determination of the capacity to contract marriage
6. Age is a factor by which the crime of rape is committed
7. The crime of infanticide can only be committed when the child killed is less than three days old.
8. Seduction is committed on a woman over twelve and under eighteen years of age

280
Determination of Age of the Fetus:
1. For fetus less than 25 cm. Long
Find the square root of the length in centimeters and the result is the age of the fetus in month.
2. For fetus 25 cm. Long or more
Divide the length of the fetus in centimeters by 5, and the result will be the age in months.

(Age as referred in this rule is lunar month, not calendar month. One lunar month is equivalent to 28 days)

Nature of the Intra-uterine product of conception

corresponding to the age in months:
1 month - The Ovum is about 1.0 cm with limb buds only present.
2 months - The ovum has a length of 2.5cm with an embryo about 1.0cm long with head, ears and
hands well formed.
3 months - The length is 9.0 cm. With nails beginning to appear and the placenta can be
differentiated.
4 months - The length is 16.0 cm. And the sex can be differentiated, with the fingers beginning to open
and hair beginning to appear on the head.
5 months - Fetus processes hair on the head and Lanugo over body surfaces. Nails are distinct. Skin
shows sebaceous secretion. Dental gum appears at the mandible.
6 months - Fetus weighs 2.5 kg. Lanugo and vernix present in the skin are dark and wrinkled. Meconium
is present in the small intestine and at the beginning of the large intestine. Brain shows convolutions.
The testis is found in the abdominal cavity. Hair of eyebrow and eye-lashes begin to appear.
7 months - The body is dark red and plump, with hair on the scalp. The testis begins to descend
towards the scrotum.
8 months - Fetus has rosy skin, and nails reach the end of the finger-tips. Convolutions of the brain are
more distinct. Second piece of sternum ossified Papillary membrane disappears.
9 months - Brain convolutions reach the gray matter. The scrotum is occupied by the testis. The body
surface is now pale. Sebaceous secretion is formed at the flexures of joints. Nails fully formed and
developed.

Medico-Legal Aspects of Death

Life – is the sum total of all vital processes by which the physical integrity of the body is maintained.
Death- is the state of complete persistent cessation of the vital function of the body such as the function of the
heart, the lings and the brain.

A. Importance of Death Determination

1. The civil personality of a natural person is extinguished by death;

The civil personality is extinguished by death. The effect of death upon the rights and
obligations of the deceased is determined by law, by contract and by will.

2. The property of a person is transmitted to his heirs at the time of death.

3. The death of a partner is one of the causes of dissolution of partnership agreement.
4. The death of either the principal or agent is a mode of extinguishments of agency
5. The criminal liability of a person is extinguished by death.
6. The civil case for claims which does not survive is dismissed upon death of the defendant.

B. Kinds of Death
281
 1. Clinical Death or Somatic Death
Is a type of death usually declare by members of the immediate family of the diseased or by the
physician. Immediate signs of the in a person are; Sudden cessation of the upward and downward
movement of the chest in the process of respiration (10-15 minutes), sudden pale color of the faces and lips,
pulse and heart beat stops, the jaw or head drops down and flaccidity of muscles occur; presence of dilated
pupil as well as loss of corneal and light reflexes. Clinical types of death can either be: Sociologic, Psychic,
Biologic or Physiologic.

2. Molecular or Cellular Death

Is the type of death characterized by death of individual cells ( one at a time ) after the somatic
death. The nerve cells and brain cells die earlier at about 5 minutes due to loss of food and oxygen while the
muscles live longer until the onset of the rigor mortis which about two to three hours after death.

3. Apparent Death/ State of Suspended Animation

A transient loss of consciousness of temporary cessation of the vital function of the body on account of
disease, external stimulus other forms of influence.

C. Signs of Death

A. Cessation of Respiration
Cessation of respiration in order to be considered as a sign of death must be continuous and
persistent. A person can hold his breath for a period of no longer than 3 – ½ minutes. In case of
electrical shock, respiration may cease for some time but maybe restored by continuous artificial
respiration.

Irregular Types of Respiration

a. Cheyne-Strokes respiration – interval is about fifteen to thirty seconds

c. In drowning and electric shock

d. In new born infants
e. In the voluntary act of respiratory suspension. Methods of Detecting
Cessation of Respiration:

a. Expose the chest and abdomen and observe the movement during inspiration and expiration.
b. Examine the person with the aid of stethoscope which is placed at the base of the anterior aspects of
the neck and hear sound of the current of air passing through the trachea during each phase of
respiration.
c. Examination with a Mirror
d. Examination with a Feather or Cotton Fibers
e. Examination with a glass of water
f. Winslow’s test

D. Cessation of Heart and Circulation

There must be an entire and continuous cessation of the heart action and flow of blood in the whole
vascular system,. A temporary suspension of the heart action is still compatible with life. The length of time the
heart may cease to function and life is still maintained depends upon the length of time it is readily reestablished
and upon the oxygenation of blood at the time of the suspension. As a general rule, if there is no heart action for a
period of five minutes death is regarded as certain.

Methods of Detecting the Cessation of heart Action and

circulation: A. Examination of the heart:

-Palpation of the pulse and heartbeat.

- Auscultation with the aid of stethoscope or placing the ear at the region of the
heart. - Observation of the point of maximum impulse.
282
 - Electrocardiography or ECG.
- Fluoroscopic Examination

B. Examination of the Peripheral Circulation:

- Magnus’ Test
- Opening of Small Artery
- Icard’s test
- Pressure on the fingernails
- Diaphanous Test
- Application of heat on the Skin
- Palpation of the radial pulse
- Dropping of Melted Wax C. Cooling of the body (ALGOR MORTIS)

After death the metabolic process inside the body ceases. No more heat is produced but the body loses slowly
its temperature by evaporation or by conduction to the surrounding atmosphere. The progressive
fall of the body temperature is one of the most prominent signs of death.
Gradual decreasing of the body temperature until such time it assumes the temperature of the environment
which is faster during the first two (2) hours after death and slower during the next 6 to 9 hours
and equal to the environmental temperature beyond 12 hours.
The fall of temperature of 15 to 20 degrees Fahrenheit is considered s a certain sign of death.
Post Mortem Caloricity is the rise of temperature of the body after death due to rapid and early putrefactive
changes or some internal changes. It is usually observed in the first two hours of death. Occur in
the following condition:
a. Cholera b. Tetanus c. Small pox d. Peritonitis
D. Insensibility of the body and loss of power to move.
No kind of stimulus is capable to letting the body have voluntary movement.
E. Changes in the Eyes

a. Loss of Corneal and light reflexes

b. Haziness of the cornea

c. Flaccidity of the eyeball

d. Finding inside the eye.
(Ophthalmoscopic finding)

F. Changes in skin

A. Change of color
B. Loss of the elasticity of the skin
C. Opacity of the skin
D. Absence of reaction to injury
CHANGES OF THE BODY AFTER DEATH
1. Primary Flaccidity ( period of the muscle irritability )
-muscles are relaxed and capable of contracting when stimulated

- pupil are dilated, incontinence of urination and

defection. - Lasts 3- 6 hours after death.
2. Stage of Post Mortem Rigidity (Rigor Mortis)
- 3-6 hours after death and may last 24 to 36 hours
- body becomes rigid due to contraction of the muscles

Conditions Simulating Rigor Mortis

1. Heat Stiffening
283
 - body is exposed to temperature above 77 degree Celsius -
Pugilistic attitude
- More or less permanent
2. Cold Stiffening

- due to solidification of fat when the body is exposed to freezing temperature.

3. Cadaveric Spasm or Instantaneous rigor.
- rigidity of the muscles which occurs at the moment of death due to nervous tension,
exhaustion and injury to the nervous system.
-
DISTINCTION BETWEEN RIGOR MORTIS AND CADAVERIC SPASM
Rigor Mortis Cadaveric spasm
Time of Appearance 3- 6 hours after Immediately after
death death
Occurrence Natural May or may not
appear
Medico-legal Time of death Cause of death
significance
Muscle Involved All the muscles Certain muscle,
asymmetric

4. Stages of Secondary Flaccidity or secondary relaxation

- due to the dissolution of the muscles protein
- onset of putrefaction
- the body become limp again and the muscles are no longer capable of responding to mechanical or
electrical stimulus.
- Noted about 48 hours after death

CHANGES IN THE BLOOD

a. Coagulation of the blood

The stasis of the blood due to the cessation of circulation enhances the coagulation of blood
inside the blood vessel. Blood clothing is accelerated in cases of death by infectious fevers and delayed in
cases of asphyxia, poisoning by opium, hydrocyanic acid or carbon monoxide poisoning.

Blood may remain fluid inside the blood vessel after death for 6 to 8 hours.

Distinction Between Ante-Mortem from Post-Mortem Clot:

Ante-Mortem Clot Post-mortem Clot
1. Firm in consistency 1. Soft in consistency.
2. Surface of the blood vessel raw 2. Surface of the blood vessels smooth
after the clots are removed. and healthy after the clots are
3. Clots homogenous in construction removed.
so it cannot be stripped into layers. 3. Clots can be stripped off in layers.
4. Clot with uniform color. 4. Clot with distinct layer.

b. MOST MORTEM LIVIDITY

It is the discoloration of the body after death when the blood tens to pool in the blood vessels for
the most dependent portion to the pool in the blood vessels for the most dependent portion of the
284
 body. The blood remains fluid in the body after for 6-8 hours and gradually clot until it is fully
developed at about 12 hrs., The appearance of Post Mortem lividity usually stars about 20-30 minutes
after death, thus, it can also be a means in approximating the time of death of the person. But is
more useful in determining the position of the body after death. The discoloration of the bloody may
varies in color. Usually it is dull-red or Reddishpurple with some bluish-black petechiae due to rupture
of small engorged capillaries. In carbon monoxide and cyanide poisoning as well as exposure to cold
temperature, the color is pink while lead color asphyxia. Although the color will become darker and
permanent as it completes.

Stages of Lividity or Livor Mortis

1. Hypostatic Lividity

It is the lividity when the discoloration is due to the blood pooled in the most dependent areas of
the body.

2. Diffusion Lividity

It is a fixed or permanent discoloration when the blood clotted, inside the blood vessels or has
diffused to different parts of the body.

Importance of Cadaveric Lividity

• It is one of the signs of death

• It may determine the position of the body after death or whether it was changes after its
appearance in the body.
• The color of the lividity may indicate the cause of death
e.g. Asphyxia – dark

CO poisoning – bright pink

• It gives us an idea as to the time of

death.

285
 Points to be considered which may infer the position of the body at the time of death:

1. Posture of the body when found

The body may become rigid in the position in which he died. Post-mortem lividity may develop
in the assumed position.

2. Post-mortem hypostasis
Hypostatic lividity will be found in areas of the body in contact with the surface where the body lies.

3. Cadaveric Spasm
In violent death, the attitude of the body may infer position on account of the spasm of the
muscles. e.g. In drowning the victim may be holding the seaweeds.

POST- MORTEM DECOMPOSITION 1.)

Autolysis or autodigestive changes after
death

= after death, proteolytic glycolytic and lipolytic ferments of glandular tissues continue to act which lead to the
autodigestion of organs. This is facilitated by weak acid and higher temperature.

= This is also seen in the maceration of the dead fetus inside the uterus. The stomach may be perforated, glandular
tissues become soft after death due to auto digestion and the action of autolytic enzymes.

=decomposition by enzymes

2.) Putrefaction

- It is the breaking down of the complex protein into simpler components associated with the evolution
of foul smelling gases and accompanied by the change of color of the body.

-decomposition by bacteria

- noted after 48 hours after death

- first appears as a greenish discoloration
- generalized swelling and reddish discoloration along the lines of the superficial veins occur: called
Marbling.

Principal changes undergone by the soft tissues of the body during putrefaction:

a. Changes in the Color of the Tissue

A few hours after death, there is hemolysis of the blood within the blood vessel and as a result of
which hemoglobin is liberated. The hemoglobin diffuses through the walls of the blood vessels and
stains the surrounding tissues thereby imparting a reddish-brown color.

Tissue color gradually changed to greenish-yellow, greenish brown or greenish black color due to
chemical changes in hemoglobin.

b. Evolution of gases in the Tissues

Carbon dioxide, ammonia, hydrogen, sulphurated hydrogen, phosphoretted hydrogen, and

methane gases are formed. The offensive odor is due to these gases and also due to a small quantity
of mercaptans.

The formation of gases causes the distention of the abdomen and bloating of the whole body.
Gases formed in the subcutaneous tissues and in the face and neck cause swelling of the whole body.
Small gas bubbles are found in solid visceral organs and give rise to the “foamy” appearance of the
organs.

286
 Effects of the pressure of gases of Putrefaction:

1. Displacement of the Blood

2. Bloating of the Body

3. Fluid Coming Out of Both Nostrils and Mouth

4. Extrusion of the Fetus in a Gravid Uterus

5. Floating of the Body

c. Liquefication of the Soft Tissues

As decomposition progresses, the soft tissues of the body undergo softening and liquefication. The
eyeballs, brain, stomach, intestine, liver and spleen putrefy rapidly while highly muscular organs and
tissues relatively putrefy late.

Factors Affecting rate of Purification

I. Internal Factors

m) Age
n) Cause of Death
o) Condition of the body
II. External Factors

p) Air and Moisture

q) Condition and type of Soil
r) Presence of Water
s) Effect of Clothing
t) Effect of Coffin
u) Depth of Burial
v) Mass Grave

Special forms of Putrefaction

1. Mummification- a condition at which the body fluids is removed before decomposition sets in
resulting to shrunkening and preservation of the dead body. Mummification can be either natural
of artificial (embalming). Natural for the forces of nature such as sunlight, warm climate and hot
dry soil influence the dead body. Artificial when the preservation is done with the introduction of
some chemical like formalin, alcohol, phenol, mercury, arsenic and glycerin and covering the skin
with the Vaseline or plaster of paris before decomposition sets in.
2. Saponification (Adipocere formation)- is the formation of a soft, friable and brownish- white
greasy substance in the soft fatty tissues of the body after death. This substance is called
adipocere that is formed by hydrogenation of the body fats. It can be possibly be seen in the
buttocks, trunk, limbs, breast and cheeks. It prevents or delays the putrefaction of the body.
3. Maceration- It is a condition of the dead body, usually the fetus, characterized by the softening
and discoloration of the tissues as well as formation of blisters in the skin due to the action of
autolytic or proteolytic enzymes in the absence of utero is important in the consideration of legal
live-birth which shows evidence of maceration by the following manifestations: 1) Reddish green
to reddish-brown discoloration of skin; 2) Softness and limpness of the body; and 3) Blebs
formation and separation of the epidermis from the underlying tissues.

Classification of Death
I. Medico-legal classification of Death:

1. Natural Death- Due to disease or ailment.

2. Violent Death- Due to injuries of some outside force.
a) Accident Death- Art 12, Par 4, RPC
287
 b) Negligent Death
c) Infanticidal Death
d) Parricidal Death- Art 247, RPC
e) Homicidal Death- Art. 249, RPC’
f) Murder- Art 248, RPC
g) Euthanasia ( mercy Killing )
h) Suicidal Death- Art. 253, RP

Pathological Classification
1. Death of Syncope (loos of consciousness, fall of blood pressure, Cardiac Standstill, cerebral
metabolism, hyperventilation, cardiac disease, Tussive Syncope Hysterical syncope
2. Death of Asphyxia (Respiratory Obstruction and Circulatory Arrest, Inhalation of obnoxious gases
fumes, drowning and electric shock, Compression of the neck and strangulation, Compression of the
chest and asphyxia in brain injury)
3. Death of Coma (Is a profound stupor in sickness or after severe injury)

DEATH BY ASPHYXIA

- a condition resulting from a lack of oxygen in the air or from an obstructing mechanism to respiration.

- the general term applied to all forms of violent death which results primary from the interference with the
process of respiration or the condition in which the supply of oxygen to the blood or to the tissues or both
has been reduced below normal level.

TYPES OF ASPHYXIA

1) ANOXIC DEATH associated with the failure of the arterial blood to become normally saturated with oxygen.

2) ANEMIC ANOXIC DEATH due to a deceased capacity of the blood to carry oxygen

3) STAGNANT ANOXIC DEATH brought about by the failure of circulation.

4) HISTOTOXIC ANOXIC DEATH due to the failure of the cellular oxidative process, although the oxygen is delivered to
the tissues, it cannot be utilized properly.

TYPES OF MECHANICAL ASPHYXIA

1) STRANGULATION (THROTTLING) may be with the use of hands or a ligature (such as rope)

2) SMOTHERING OR SUFFOCATION occurs when entrance of air through the nose and mouth is blocked or severely
restricted.

3) HANGING the neck is tied while the body is suspended common from suicide

4) CHOKING there is blocking of the internal airway by a foreign object inside or outside of the victim’s body.

5) CRUSH OR TRAUMATIC ASPHYXIA brought about by the mechanical compression of the chest by some heavy object

6) DROWNING

Death as Punishment

1. Death by Lethal Injection

2. Death by Electrocution (used of about 2,00 to 5,000 voltages)
3. Death by Gas chamber
4. Death by hanging
5. Death by Musketry

AUTOPSY

288
- a comprehensive study of a dead body performed by trained physician using recognized dissection procedures and
techniques, primary to determine the true cause of death
- indicates that, in addition to an external examination, the body is opened and internal examination is conducted.

POST MORTEM EXAMINATION

- refers to an external examination of a dead body without incision being made, although blood and other fluids may
be collected for examination.

KINDS OF AUTOPSIES
1) HOSPITAL OR NON-OFFICIAL done on a human body with the consent of the deceased person’s relatives for
the purpose of:

a) determining the cause of death

b) providing correlation of clinical diagnosis and clinical symptoms
c) determining the effectiveness of therapy
d) studying the natural course of disease process
e) educating students and physicians.
2) MEDICO LEGAL OR OFFICIAL an examination performed on a dead body purpose of:

a) determining the cause, manner or mode and time of death

b) recovering, identifying and preserving evidentiary material
c) providing correlation of facts and circumstances related to death
d) providing a factual, objective medical report for law enforcement, prosecution and defense
agencies
e) separating death due to disease from death due to external cause for protection of the
innocent.

NEGATIVE AUTOPSY

- an autopsy which failed to establish cause of death after all efforts have been exhausted
- an autopsy which after a meticulous examination with the aid of other examination does not yield any
definite cause of death.

NEGLIGENT AUTOPSY
- an autopsy wherein no cause of death is found on account of imprudence, negligence, lack of skill and lack
of foresight of the examiner.
Method of Disposal of the Dead Body
1. Embalming- Artificial Mummification
2. Burial- Inhumation or Interment
Is a method of placing the dead body in the grave.
Funeral- it is the procession of the dead body followed by grieving relatives, friends
and other persons to the place of burial in accordance with the religion, custom and
traditions.

Persons in-charge; The Spouse(if married), The descendant of the nearest degree and
brother and sisters.

3. Cremation- Is the burning of the dead body into ashes or pulverization of the body into ashes
by the application of heat or flames. Requirement: permit for cremation, Exact identification
of the deceased and exact cause of death has been ascertained.
4. Disposal of the dead body to the Sea.
5. Use of the Dead body for Scientific Purpose.
Exhumation- It is the raising or disinterring of the Dead body or remains from the grave.

289
 EXHUMANTION (DESINTERRING)

- refers to the taking out of a body from its tomb or gravesite

- can be done only upon a lawful order, with permission from the Department of Health.
- remains of persons who died of non- dangerous, non-communicate diseases may be disinterred after three
(3) years.

- remains of persons who died of dangerous communicable diseases may be disinterred after five (5) years.

Physical Injury

Injury- Is the scientific impairment of the body structure or function caused by outside force or agent.

Physical Injury- is an injury of the body caused by physical agents which is the application of stimulus to the
body producing damage or injury to the tissue.

Wound- is a break or solution in the continuity of the skin or tissues of the body.
Inflammation- Is a specific tissue response to injury by the living or inanimate agents, or to electrical, chemical etc.,
characterized by vascular dilatation, fluid exudation and accumulation of leukocytes in the tissues.

Classification of Wound or Physical injury

A. As to Severity

1. Mortal Wound
2. Non-Mortal Wound
B. As to Kind Instrument used
1. Blunt instrument – lacerated
2. Sharp-edge instrument – incised
3. Sharp-pointed instrument – punctured
4. Sharp-Edge and Sharp-Pointed – stab
5. Rough object – abrasion

C. As to Manner of Infliction

D. As to the depth of the Wound

E. As to the relation of the site of application of force and injury

a) Coup Injury- Injury at the side of application.

b) Contre coup- injury found opposite the side of application.
c) Coup Contre Coup- injury both at the side and opposite side of application.
d) Locus Minoris Resistencia- Injury is found on some area offering the least resistance to the
force applied. e) Extensive Injury- involves a greater area of damage.

F. Medico-legal Classification

A. Mutilation
B. Slight Physical Injury (1-9 days)
C. Less Serious Physical Injury (10-30days)
D. Serious Physical Injury (more than 30 days)
E. Administration of injurious substance or beverages.

G. As to the type of the Wound

290
 1. Closed Wound: superficial Closed wound and deep closed wound,
petechiae, contusion or bruise, hematoma or blood cyst, sprain, fracture,
discoloration, Concussion, and Internal Hemorrhage
2. Open Wound: Incised, Lacerated, Punctured, Stab Wound, Avulsion, and
Gunshot and shotgun Wound.
Petechiae- Are minute, pin point, circumscribed extravasation of blood in the subcutaneous tissues or underneath
the mucous membrane.

Contusion (Bruise)- Wound in the substance of the true skin and in the subcutaneous cellular tissues
characterized by swelling and discoloration of tissue due to extravasation of blood.

Hematoma- large extravation of blood in a newly formed cavity secondary to trauma characterized by swelling,
discoloration and effusion of blood underneath the tissues.

Sprain- The straining or tearing of the articular tendons, ligaments and muscles characterized by swelling,
discoloration of tissues involve and extreme pain.

Fracture- It is a break or solution in the continuity of the bone tissues resulting from violence. (it can be either
simple, compound or comminuted).

Dislocation- Is the displacement of the articular surfaces of the bones forming the joints usually secondary to trauma.
(simple or compound)
Cerebral Concussion- Condition of the brain resulting from a sudden jarring or stunning of the brain which
follows a blow on the head characterized by headache or dizziness, unconsciousness or
semiunconsciousness, relaxed and flaccid muscles, slow and shallow respiration and rapid but
weak pulse

Internal Hemorrhage- It is the bleeding usually in the cavity or organs inside the body. (intra-cranial,
Rupture of organ and Laceration of Organ).

SEXUAL OFFENSES AND DEVIATION

Virginity = a condition of a female who has not experienced sexual intercourse and whose genital organs have
not been altered by carnal correction. Kinds of Virginity

1. MORAL VIRGINITY = state of not knowing the nature of sexual life and not having experienced sexual
relation.

2. PHYSICAL VIRGINITY = a condition whereby a woman is conscious of the nature of the sexual life but not
experienced sexual intercourse. Applies to women who have reached sexual maturity but not experienced sexual
intercourse.

TRUE PHYSICAL VIRGINITY

= a condition wherein the hymen is intact, with the edges distinct and regular, and the opening is
small to barely admit the tip of the smallest finger of the examiner even if the thighs are separated.

FALSE PHYSICAL VIRGINITY

= A condition wherein the hymen is unruptured but the orifice is wide and elastic to admit two or more
fingers of the examiner with a lesser degree of resistance.
3. DEMI-VIRGINITY

= a condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing
the hymen by sexual act.

4. VIRGO INTACTA

= applied to women who have had previous sexual act but not yet given birth.

DEFLORATION = the laceration or rupture of the hymen as a result of sexual intercourse.

291
 SEXUAL DEVIATIONS

HOMOSEXUALITY = sexual desire towards the same sex.

INFANTOSEXUALITY = sexual desire towards an immature person. Also known as PEDOPHILIA.
BESTOSEXUAL = sexual desire towards animals; also known as bestiality.
AUTOSEXUALITY = self –gratification ; also known as masturbation.
GERONTOPHILIA= sexual desire towards an older person.
NECROPHILIA = a sexual perversion characterized by erotic desire or actual sexual intercourse with a corpse.
INCEST = sexual relations between person who, by reason of blood relationship cannot legally marry.
SATYRIASIS = excessive sexual urge of men.
NYMPHOMANIA = excessive sexual urge of women.
FELATTIO = the female agent receives the penis of a man into her mouth and by friction with the lips and
tongue coupled with the act of sucking initiates orgasm.
CUNNILINGUS = sexual gratification is attained by licking or sucking the external female genitalia.
ANILINGUS = a form of sexual perversion wherein a person derives sexual excitement by licking the anus of
another person of either sex.
SADISM =(Active Algolagnia) = A form of sexual perversion in which the infliction of pain on another is
necessary for sexual enjoyment
MASOCHISM (passive algolagnia) = A form of sexual perversion in which the infliction of pain by another is
necessary for sexual enjoyment.
FETISHISM = a form of sexual perversion wherein the real or fantasied presence of an object or bodily part is
necessary for sexual stimulation and gratification.
PYGMALIONISM = a sexual deviation whereby a person has sexual desire for statutes.
FROTTAGE = a form of sexual gratification characterized by the compulsive desire of a person to rub his sex organ
against some part of the body of another.
VOYEURISM = a form of sexual perversion characterized by a compulsion to peep to see persons undress or perform
other personal activities.

292