Intro To Crim

Introduction to Criminology by: Manlusoc & Librando
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INTRODUCTION
TO
CRIMINOLOGY
Prepared by:
Dr. Ariel D. Manlusoc,RC

and
Manilyn T. Librando, RC
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Lesson 1 – Criminology: Its Nature, Concept,

and Scope of Study.
INTRODUCTION
Hi! How‘s life? Hope that you have adjusted to the so called ―New Normal‖.
Let us hope and pray that things will go back to normal the soonest possible time. In
every calamity, crisis or pandemic there are good and bad side effects. The fact that
somehow we cannot do something about the bad effects of this pandemic, we have
to be positive and try to take care of our physical and mental health by counting our
blessings. By making ourselves physically and mentally healthy somehow we are not
just protecting ourselves from the pandemic but even helping the government not to
be part of the problem. In our own little way, we can contribute to the betterment of
our family, our community and ultimately to our country.
One good effect of this pandemic is the reduction of crimes in our country
especially as regards to heinous crimes and other index crimes. Your chosen
program plays an important role in this time of crisis and pandemic as you can see
from the television news, Criminology profession plays its part as one of the
frontlines in ensuring orders despite the present condition.
As freshmen, you are very much welcome to this program and it is hope that
you will give your very best to finish it and hopefully to pass if not to top the licensure
examination. You have made a good decision choosing this program in as much as it
will offer you a variety of opportunities that other programs cannot give.
This course Introduction to Criminology is the basic foundation of your
program. It is expected that you will give your best to know and understand the
program that you have chosen and focus from the start until the end of the entire
course.
This module is developed to ensure that no one will be left behind in this
course. Let us all learn under this new normal.
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Learning Objectives:
Before we proceed to the formal lesson, we have to think first of what we
expect to learn from this lesson. We have to set some parameters as to what we aim
to achieve after finishing this lesson.
At the end of this lesson you must be able to:
1. know and understand the concept and nature of criminology;
2. identify and explain the three (3) Broad divisions of the study of
criminology; and
3. determine the scope of the study and discuss the various fields of study
related to criminology.
Are the learning objectives listed above clear to you? Remember them as we
go proceed in our lesson, for they will serve as your guide in better understanding
this course. I know that you are already excited to know more about this course but
before we start with the contents proper, just a few reminders, please read with
understanding for it is the key towards improving your knowledge. If there are word/s
that you do not clearly understand consult the dictionary or do not hesitate to ask
questions or send it to our google classroom, group chat or messenger or to my
email. Further, at the end of this lesson there are varieties of activities that you have
to accomplish and to be submitted to our google classroom or in any other means or
medium as directed or allowed following the appropriate directions and rubrics that
may be applicable.
Learning Content:
1. What is Criminology?
2. What comes first in your mind when somebody told you that they are taking
Bachelor of Science in Criminology (B.S. Crim.)?
3. What is the usual reaction of people when you say to them that you are taking
Bachelor of Science in Criminology as your chosen program?
Know let us start Exploring on what Criminology is?
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First let us determine the etymology of the word criminology. Criminology is

said to have been derived from the Latin word ―crimen‖ which means ―accusation‖
and ―logia‖ which means ―study‖, thus literally, criminology is the study of accusation.
Historically, before the word criminology was created, it started with an Italian
word ―criminologia‖ which coined by Rafaelle Garofalo, an Italian sociologist and one
of the lead personalities under the Positivist School of Criminology. Later in 1887, a
french anthropologist in the person of Paul Toppinard, introduced the French word
―criminologie‖. It was only in the 20th century that the word ―criminology‖ was
formally used by an English Sociologist named Edwin Sutherland who became
known as the Dean of Criminology. This is the proof that study of crime comes first
before the word criminology was actually in use.
Definition of Criminology
There are numerous definitions given by different authors to the word
criminology. At first, it was defined by the classical criminologist as the study of crime
based on the philosophical and legal point view. Later the Positivist, developed the
concept of criminology as the study of crimes and criminals based on the scientific
approach on crimes causation. One of the most widely accepted definition was the
one crafted by Edwin Sutherland who stated that –―Criminology is the entire body of
knowledge regarding crime as a social phenomenon. In its scope it includes the
study of the making of the laws, the breaking of the laws and the reactions of the
society towards the breaking of laws.‖ This became the foundation of the three
division of criminology and Edwin Sutherland was accredited as the ―Dean of
Criminology‖ Edwin Sutherland also developed a theory of crime causation called
―Differential Association Theory‖ which states that criminal behaviours are not
inherited, they are learned in the process of communication or association with
different kind of persons‖
R.A. 11131 otherwise known as Philippine Criminology Profession Act of 2018
provides for its definition of criminology – ―refers to the scientific study of crimes,
criminals and victims, it also deals with the prevention and solution of crimes.
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Nature of Criminology
Criminology is a broad program in the Philippine settings for it encompasses
around six (6) categories of subjects that are included in its licensure examination. Is
criminology a science has been a subject of many arguments from different
authorities in the field of criminology. Some said it cannot be a science for it has not
gained universal acceptance. It may not be a pure science but in my opinion it is a
science in itself for it has gone through a series of study, research and
experimentations in fact it is classified under the social science studies being rooted
from the study of human society. Fundamentally, the study of criminology has the
four basic natural tendencies and these are:
1. Criminology is a Social Science. Since crime is a social
phenomenon, it is but basic to note that study of crimes requires that study of
the human society thus, criminology is a social science. In fact, modern
criminological research are based on the principle of sociology as one of the
external factors contributing to the commission of a crime aside from
biological, psychological and others.
2. Criminology is an Applied Science. Study of crimes does not end
with pure intellectual discovery it requires the application of the various fields
of study in order to help in policy making towards the creation of more
responsive programs for crime prevention as well as in the solution of crimes
in our society.
3. Criminology is Nationalistics. Crimes are defined by laws and in
other countries by common laws. In the Philippines crimes are defined
according to our law such as the criminal law. Laws in different countries may
varies depending on their culture, belief, religion and others, as such crimes in
different countries may also varies. In our country we fallow the principle of
―nullum crimen nulla poena sine lege‖ thus, crimes in our territorial jurisdiction
are only those punishable under the law. It is very obvious that for one to
study crime in one country , he/she must study first the law of the country.
4. Criminology is Dynamic. As societal condition changes so with
crimes. Modern technology has brought a lot of changes in the way people
live. This innovation has also brought changes in our laws thus, the concept of
what crimes are also changed. In the old concept, criminologist focus on
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crimes and criminals, but later some criminologist look upon the role of the
crime victims in the commission of crime which they called victimology also
known as the study of crime target.
Criminology Criminal Justice

Criminology focus on the study of Criminal Justice focus on the study of the
origins (etymology) of crime, its nature various agencies of the government, as
and extent in society pillars of social control;
Criminologist concern more of knowing Criminal jurist try its best to identify
the underlying reason for crime; effective measures to control crime;
Both Criminology and Criminal justice have common subjects, Crime, Criminal and
Victims. That is the reason why these two have overlapped in their field of studies.
But it would be presumed that the Criminologist should work best in knowing the
causes of crime so that they can provide assistance to the criminal jurist in coming
up with effective and efficient measures to prevent and control crimes in the
society
Division of Criminology
1. Sociology of law = an attempt at scientific analysis of the conditions
under which criminal laws has developed as a process of formal or social
control. It study the role of the social force in the establishment or creation of
law and the effect of the criminal law in shaping the society. This is very
important for leaners to understand how certain acts became a subject of
legislation that classified it as a crime and the benefits of this law to the
society.
2. Criminal Etiology = an attempt at scientific analysis of the cause or
crime. It is one of the broad divisions of criminology that focus on crime
causation, leading to the development of various theories of crime causation
from the ancient to the present and still counting for new theories are being
discovered as year passes by. This specific division of criminology will be
discussed in another course in criminology in another semester.
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3. Penology = is that division of criminology which deals with punishment

of crime and jail management. It deals with the study of penalty as a form of
social reactions towards the commission of crime. (this will be discussed in
detailed in the next preceding lessons.)
IV. SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal law
2. Study of the causes of crimes and development of criminals.
3. Study of the different factors that enhance the development of criminal
behavior, such as:
a) criminal demography – the study of the relationship between
criminality and population;
b) criminal epidiomology – the study of the relationship between
environment (milieu) and criminality;
c) criminal ecology – the study of criminality in relation to the spatial
distribution in a community;
d) criminal physical anthropology – the study of criminality in
relation to physical constitution of men ;
e) criminal psychology – the study of human behavior in relation to
criminality;
f) criminal psychiatry – the study of human mind in relation to
criminality; and
g) victimology – the study of the role of the victim in the commission
of a crime. This is a new addition in the study of criminology for criminologists
realize the role of the victim in the criminal process in as much as the
character and the behaviour of the victim is often a key factors in the
commission of a crime which may generally be categorized as either a
passive or active precipitation. The active precipitation is when the victim
plays a provocative role in the crime commission while the passive
precipitation signifies that the victim is an innocent type who became such
due to his or her suitability to be the target of determined criminal. This study
was popularized by Von Hentig and Benjamin Mendelsohn who was
considered ―fathers of the study of victimology‖
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In the Philippines, the study of criminology has been divided into six (6) major
categories of subjects namely pursuant to the R.A. 6506 which is the very law that
creates the Board of Criminologist making the program B.S. Criminology as a
Professional Degree and further enhanced by CMO 21 series of 2005 setting for
Policies, Standards and Guidelines in offering Bachelor of Science in Criminology.
They are as follows:
1. Sociology of Crime & Ethics (15%). It includes the subject of
Introduction to Criminology, Criminal Justice System, Juvenile
Delinquency, Human Behavior and Crisis Management, Ethics and Police
Community Relation, and Criminological Research;
2. Criminal Law and Jurisprudence (20%). It is focus on the study of
Criminal Laws with emphasis on Book 1 and Book2 of the Revised Penal
Code, Criminal Procedure, Evidence and Court Testimony;
3. Law Enforcement Administration (20%). It encompasses the subject
Police Organization and Administration with Police Planning, Police
Personnel and Record Management, Police Patrol Operation and
Communication, Police Intelligence, Industrial Security Management, and
Comparative Police System,
4. Crime Detection and investigation (15%). It covers the subjects on
Fundamentals of Criminal Investigation, Special Crime Investigation,
Organized Crime, Traffic Management and Accident Investigation, Drug
Education and Vice Control, and Fire technology and Arson Investigation;
5. Criminalistics (20%). It is the branch of forensic science that deals with
examination of physical evidence. It includes the subjects of Personal
Identification, Forensic Photography, Forensic Chemistry and Toxicology,
Forensic Ballistics, Questioned Documents, Polygraphy, and Legal
Medicine; and
6. Correctional Administration (10%). It deals with the study of custody,
supervision, rehabilitation, and reformation of convicted offenders; and the
management of inmates. It is divided into two subjects, the Institutional
and Non-Institutional Correction.
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The above subdivisions of subjects were based on the Criminologist

Licensure Examination in accordance with R.A. 6506 and CMO 21 is said to
be applicable until the year 2022. This is due to the CMO 5 series of 2018
which sets for a new policies, standards, and guidelines (PSG) regarding the
offering of B.S. Criminology and subject to the revisions of the board subjects
by the Board of Criminologist as stated in the new law, R.A. 11131 otherwise
known as the Philippine Criminologist Profession Act of 2018. The subject
categories are retained but there were some modifications with regard to the
subjects under each of the six major categories and additional professional
subjects related to character formation, and they are as follows:
I. Criminal Law and Jurisprudence. The subjects now included
here are: Introduction to Philippine Criminal Justice System;
Human Rights Education, Criminal Law Book 1, Criminal Law
Book 2, Evidence, and Criminal Procedure & Court Testimony;
II. Criminology. It is now consists of Introduction to Criminology,
Theories of Crime Causation, Human Behavior and Victimology;
Professional Conduct and Ethical Standard Juvenile
Delinquency and Juvenile Justice System; Dispute Resolution
and Crisis/incident Management; Criminological Research 1
(Research Method with applied statistics); and Criminological
Research 2 (thesis).
III. Law Enforcement Administration. It covers Police
Organization & Administration (Inter-agency approach);
Comparative model of policing; Introduction to Industrial Security
Concept; Law Enforcement Operation and Planning with Crime
Mapping, Character Formation 1 (Nationalism and Patriotism),
and Character Formation 2 (Leadership, Decision Making,
Management and Administration.
IV. Forensic Sciences (Criminalistics). It includes Forensic
Photography, Personal identification techniques, Forensic
Chemistry & Toxicology, Questioned Document Examination,
Lie Detection Techniques, and Forensic Ballistics;
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V. Crime Detection & Investigation. Consisting of Fundamental

of Criminal Investigation with Intelligence; Special Crime
investigation 1 with legal medicine, Special Crime Investigation
2 with simulation on interrogation and interview; Traffic
management and Accident investigation with Driving; Technical
English 1 (Investigative report writing and presentation); Fire
Protection and Arson Investigation; Vice and Drug Education &
Control; Technical English 2 (Legal Forms); and Introduction to
Cyber Crime and Environmental Law and Protection.
VI. Correctional Administration. It is now three subjects namely :
Institutional Corrections, Non institutional Corrections and
Therapeutic Modalities.
At present, the Board of Criminologist has not finalized yet the
Tables of Specifications (TOS) for Criminologist Licensure Examination
for those who are covered by the CMO5, series of 2018. The TOS will
be applicable for those who will be graduating by 2022.
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Activity # 1
Type your answer on a short bond paper size, using Arial with font
size 12, 1.5 spacing and align text using justified format. To be submitted in our
google classroom or my messenger or gmail or facebook group.
The following rubrics will be the basis in scoring your essay answer with 5 points
percentage:
WRITING ACTIVITY/ESSAY
CATEGORY 4-5 3 2 0-1
Information clearly Information clearly Information clearly Information has

relates to the main relates to the main relates to the main little or nothing to
Quality of topic. It includes topic. It provides 1-2 topic. No details do with the main
Information several supporting supporting details and/or examples topic.
details and/or and/or examples. are given.
examples.
No grammatical, Almost no A few grammatical Many

spelling or grammatical, spelling, or grammatical,
Mechanics punctuation errors. spelling or punctuation spelling, or
punctuation errors errors. punctuation
errors.
All paragraphs Most paragraphs Paragraphs Paragraphing

include introductory include introductory included related structure was not
Paragraph sentence, sentence, information but clear and
Construction explanations or explanations or were typically not sentences were
details, and details, and constructed well. not typically
concluding concluding related within the
sentence. sentence. paragraphs.
Information is very Information is Information is The information

organized with well- organized with well- organized, but appears to be
Organization constructed constructed paragraphs are disorganized. 8)
paragraphs and paragraphs. not well-
subheadings. constructed.
1. Enumerate and explain the four (4) basic nature of Criminology. (5 pts. each)
2. Discuss the three (3) division of criminology. (5pts each)
3. In your own understanding how does the following field of study relates to
criminology: (5 pts. Each)
a. Psychology;
b. Sociology;
c. Demography;
d. Epidemiology
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e. Ecology
f. Psychiatry
g. Anthropology
4. What are the new six categories of subjects under the CMO 5 series of 2018
which is the basis of your curriculum and enumerate the subjects under each
categories. (5 pts. each categories)
Activity #2
Multiple Choices: Answer this is 20 minutes
1. The term criminology was originally derived from Italian word __________.
A. crimen C. criminologia
B. criminologo D. criminologie
2. An American criminologist who introduced the English term ―Criminology‖ and defined
Criminology as an entire body of knowledge regarding as a social phenomenon.
A. Rafaelle Garofalo C. Edwin Sutherland
B. Paul Topinard D. Cesare Lomrboso
3. Criminology deals with the study of crimes and criminal. What is that division of
criminology which focus on the study of the causation of crime?
A. Criminal Socioloy C. Criminal Etiology
B. Sociology of Law D. Penology
4. It is the scientific study of crimes and the effort of the society to prevent and repressed
them?
A. Penology C. Criminology
B. Victimology D. Sociology of law
5. Criminology is broad field of study that encompasses the study of law making, law
breaking and societal reaction to law breaking. Societal reaction to law breaking refers to
which of the following?
A. Criminal Sociology C. Etiology of Crimes
B. Sociology of Law D. Penology
6. The study of Criminology involves the use of knowledge and concept of other sciences
and field of study which makes the study of criminology ____________.
A. dynamic C. social science
B. nationalistic D. an applied science
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7. Criminology changes as social condition changes. It is concomitant with the advancement

of other science that has been applied to it. Thus, because criminology is changing along
with the transformation of the community, it is right to say that criminology is ______.
A. a social science C. applied science
B. dynamic D. a science.
8. Criminal ________ refers to the study of the relationship between criminality and the
milieu.
A. Ecology C. Epidiomology
B. Demography D. Physical anthropology
9. It is the study of human society, Its origin, structure, functions and direction?
A. Criminology C. Anthropology
B. Sociology D. Psychology
10. It is the study of the relationship between criminality and the physical constitution of
men?
A. Criminal Demography C. Criminal Psychology
B. Criminal Ecology D. Criminal Physical Anthropology
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LESSON # 2 Historical Development of Criminology
Introduction
Every field of study has its own historical background. Its origin and
development is important so as to understand the reason why certain field of study is
worth to be pursued and explored. It is also said that somehow the key to
understand the present condition is by looking backward.
This lesson would briefly discuss the historical root and development of
criminology education from international setting to the Philippine setting. Some finds
it boring but to those who are curious about how and why thing comes to existence
will find this lesson interesting.
Learning objectives
I know that you are curious enough to know the story behind the root of your
chosen profession, but before we go through that, we have to set some objectives so
that you will be properly guided as to the purpose of this lesson.
This lesson aims to:
1. discuss the root and development of criminology education;
2. show the paradigm shift from the philosophical to scientific approach at
explaining the existence and causes of crime;
3. distinguish the three school of thoughts, their principles and the people
behind their development; and
4. to know the history behind the establishment of criminology education in
the Philippines.
Lesson Contents:
Criminology as known to many is a scientific study of crimes and
criminals, its causes and the imposition of the appropriate penalty in order to serve
the ends of justice. Having this as a fundamental principles of criminology, it is not an
exaggeration to say that criminology exist as soon as society was developed for as
long as there are people in a society, crimes and criminals may exist and members
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of society varies with their reaction towards this phenomenon. The principle from
which criminology originated has long been there even before the formal conception
of criminology in the world. In fact, the first known school of thoughts begun prior to
the introduction of the word criminology.
Criminology is a complex course in as much as it is a product of various
inputs made by pioneers in multi-disciplines namely anthropology, sociology, political
science, economics, psychology, psychiatry, ethics, law and beyond. Maybe this is
one of the reasons why there is a still a problem in laying down the detailed
development of this field of study. In as much as it is a result of various principles
and theories emanating from different fields of studies both from social sciences and
applied sciences. In fact, the study of crimes and criminals even comes first prior to
the development of this field called criminology. In addition, the development of
criminology education is also not the same in different countries in the world and this
is also one of the reasons why criminology is still more of being nationalistic rather
than universal in nature. I believe that it would be safer to discuss its development
by tracing the pioneers who contributed to what criminology is now known to the
people.
Many books of criminology has something in common and that is to classify
criminology based on their pioneering specialist namely the Classical, Neo-classical
and Positivist Criminology at first. Although as times moves forward a number of new
schools of thoughts were created in the same way as the principles of justice in the
world is evolving.
Pre-Classical Period
Before the birth of the Classical school of thoughts people believes that crime
is an act of evil or demon. That is the concept of the so called ―Demonological
theory‖ which states that criminal behavior was believed to be the result of evil spirits
and demons something of natural force that controls man‘s behavior. Another
ancient concept of crime is the ―Divine will theory‖ that God allows a person to
commit a crime for it is HIS ways of punishing them for disobedience to the will
of God.
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The School of Thoughts

The Classical school of thought is a product of the late 18 th century in
response to abuses of authority and flaws in the criminal justice system. Classical
school of thoughts is attributed mainly to two know personalities namely Cesare
Beccaria and Jeremy Bentham.
A. CLASSICAL CRIMINOLOGY (based on philosophy of Utilitarianism)

 Grew out of a reaction against the barbaric system of law, no real system of
criminal justice in Europe at that time. Some crimes were specified, some were not.
Judges had discretionary power to convict a person for an act not even legally
defined as criminal. Thus, to put an end to this discretionary powers, the law must
be change that for every crime there is a definite penalty and all the judges should
do is to determine the guilt of the accused and impose penalty set by the law.
 Based on the assumption that individuals choose to commit crimes after
weighing the consequences of their actions.
 According to classical criminologists, individuals have free will or
rationale choice, the power to distinguish right from wrong.
 This theory, however, does not give any distinction between an adult and a
minor or a mentally-handicapped in as far as free will is concerned.
 It is more of philosophical approach rather than scientific.
 It focus more on the crime for it has a uniform perception of man as a rational
being.
 The purpose of imposing punishment is Retribution which means that
punishment is a means for which social justice is achieved. Punishment should be
proportion to the gravity of the offense committed and punishment as a form of social
vengeance to those who have committed a crime.
FOUNDERS OF THE CLASSICAL CRIMINOLOGY

1. CESARE BONESANA MARCHESE DI BECCARIA
(born March 15, 1738, Milan)/(died November 28, 1794, Milan),
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o Italian criminologist and economist who published a book entitled

“On Crimes and Punishment” or “Dei Delitti e Delle Pene” in
1764.
o His book contains almost all modern penal reforms but its greatest
contribution was the foundation it laid for subsequent changes in
criminal legislation
o His book was influential in the reforms of penal code in France
(1791), Russia, Prussia and it influenced the first ten amendments
to the US Constitution.
o He is branded as the ―Cradle of Criminology Education‖ and the
―Father of the Classical School of Criminology‖.
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE

CRIMINAL JUSTICE SYSTEM
“In forming a human society, men and women sacrifice a portion of their
liberty so as to enjoy peace and security.”
“Punishments that go beyond the need of preserving the public safety are in
their nature unjust.”
“Criminal laws must be clear and certain. Judges must make uniform
judgments in similar crimes.”
“The law must specify the degree of evidence that will justify the detention
of an accused offender prior to his trial.”
“Accusations must be public. False accusations should be severely
punished.”
“To torture accused offenders to obtain a confession is inadmissible.”
“The promptitude of punishment is one of the most effective curbs on
crime.”
“The aim of punishment can only be to prevent the criminal from committing
new crimes against his countrymen, and to keep others from doing likewise.
Punishments, therefore, and the method of inflicting them, should be chosen in due
proportion to the crime, so as to make the most lasting impression on the minds of
men…”
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“Capital punishment is inefficacious and its place should be substituted

life imprisonment.”
“It is better to prevent crimes than to punish them. That is the chief
purpose of all good legislation.”
2. JEREMY BENTHAM
(born on 15 February 1748 and died on 6 June 1832 in London)
o a jurist, political reformer and the philosopher who
founded the concept of UTILITARIANISM –
assumes that all our actions are calculated in
accordance with their likelihood of bringing pleasure
and pain;
o devised the pseudo-mathematical formula called
―felicific calculus‖ which states that individuals are
human calculators who put all the factors into an
equation in order to decide whether a particular
crime is worth committing or not;
o he reasoned that in order to deter individuals from
committing crimes, the punishment, or pain, must be greater than the
satisfaction, or pleasure, he would gain from committing the crime;
o also developed the “greatest happiness theory” or “principle of
utility” which states that the greatest good is what is good for the
majority of the people.
o designed the“Panoptican Prison” from the word “opticon” which
means all seeing”
Offense –specific = means that offenders will react selectively to
the characteristics of particular offense.
Offender-specific = means that criminals does not simply engage
in random acts of anti-social behavior.
Three essential elements in decision making as to commit or not
to commit crime:
1. Type of crime 2. Time and place of crime 3. Target.
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B. NEOCLASSICAL CRIMINOLOGY
 This theory modified the doctrine of free will by stating that free will of men
may be affected by other factors and crime is committed due to some compelling
reasons that prevail.
 These causes are pathology, incompetence, insanity or any condition that will
make it impossible for the individual to exercise free will entirely.
 In the study of legal provisions, this is termed as either mitigating or
exempting circumstances.
 Composed mainly of British philosophers who continue the traditions of
classical criminology within the framework of “Right Realism”.
Effects of Neoclassical School of Thoughts:
 Children & lunatics are exempted from punishment.
 Certain mitigating circumstances should be taken into account.
C. POSITIVIST CRIMINOLOGY (also known as the Italian School of

Criminology)
 August Comte = Father of Sociology. Those who follow his works are called
―the Positivist‖.
 (late 18th Century) A shift from philosophical to a scientific perspective.
 Positive theorists were the first to claim the importance of looking at individual
difference among criminals.
 The positivist focused on biological, psychological and sociological
causation of crime.
 They presumed that criminal behavior is caused by internal and external
factors outside the individual‘s control.
 They concentrated on the individual structures of a person, stated that people
are passive and controlled, whose behaviors are imposed upon them by biological
and environmental factors.
THE POSITIVISTS:
CHARLES DARWIN popularized the methods and tradition of positivism.
Developed the theory of ―Evolution of Species‖ that God did not make all the various
species of animals in 2 days, as the biblical teaching does, but that, people had
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evolved from lower forms of life over millions of years through the process of
adoptive mutation and natural selection that later on led to his conclusion that man
was traced to have originated from the animal of the anthropoid group called apes.
According to Darwin, human like other animals are parasite. Man is an organism
having an animalistic behavior that is dependent on other animals for survivals.
Thus, man kills and steals to live.
The early scientific approaches in studying human behaviour which is now
considered quite primitive are the studies made by Giambattista Dela Porta (1535-
1615), an Italian physicist who founded the school of human physiognomy which
deals with scientific explanation of the relationship between the facial features of
man to his behaviour. This was further studied by Johann Kaspar Lavater (1741-
1801), Swiss theologian who believed that people‘s true characters and inclinations
could be read from their facial feature with emphasis on the shape of their ears,
nose, and eyes and the distances between them in correlation to anti-social
behaviour. Later, Franz Joseph Gall (1738-1828), a renowned neuro-anatomist and
physiologist and a pioneer in the study of the localization of mental functions in the
brain, developed cranioscopy. Cranioscopy is a method of studying the personality
and development of mental and moral faculties based on the external shape of the
skull. This study was later renamed as the science of prenology, the study that
deals with the relationship between the skull and human behaviour. In the same line
of study, Johann K. Spurzheim (1776- 1832) and Charles Goring (1870- 1919)
concluded that the shape of the skull and bumps on the head are directly related to
criminal behaviour. Johann K Spurzheim, a German phrenologist and an assistant to
Gall, was the man most responsible for popularizing and spreading phrenology to a
wide audience while Charles Goring believed that criminal characteristics were
inherited and recommended that people with such characteristics should not be
allowed to reproduce. He also establish a relationship between crime and defective
intelligence such as feeblemindedness, epilepsy, insanity and defective social
instinct. It shows that the earliest ―scientific‖ studies is more on the biological point of
view.
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CESARE LOMBROSO
(Born Nov. 6, 1835, Verona, Austrian Empire [now in Italy]—died Oct. 19,
1909, Turin, Italy)
o an Italian Anthropologist, Psychiatrist, Criminologist
who founded the Positivist group;
o considered the FATHER OF MODERN (Empirical)
CRIMINOLOGY due to his application of modern
scientific methods to trace criminal behavior, which is
a shift from legalistic and philosophical approach to
crime to scientific study of criminal however, most of
his ideas are now discredited;
o he claimed that criminals are distinguishable from
non-criminals due to the presence of atavistic
stigmata (Atavistic anomalies)– the physical features of creatures at
an earlier stage of development;
o he asserted that crimes are committed by those who are born with
certain recognizable hereditary traits;
o according to his theory, criminals are usually in possession of huge
jaws and strong canine teeth, the arm span of criminals is often
greater than their height, just like that of apes who use their
forearms to push themselves along the ground;
o other physical stigmata include deviation in head size and shape,
asymmetry of the face, excessive dimensions of the jaw and
cheekbones, eye defects and peculiarities, ears of unusual size, nose
twisted, upturned or flattened in thieves, or aqualine or beaklike in
murderers, fleshy lips, swollen and protruding, and pouches in the
cheek like those of animal’s toes;
o Lombroso‘s work supported the idea that the criminal was a biologically
and physically inferior person
o according to him, there are three (3) classes of criminals:
1. born criminals – individuals with at least five (5) atavistic
stigmata;
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2. insane criminals – those who are not criminals by birth; they

become criminals as a result of some changes in their brains
which interfere with their ability to distinguish between right and
wrong; and
3. criminaloids- those with make-up of an ambiguous group that
includes habitual criminals, criminals by passion and other diverse
types.
o He tried to reform the Italian penal system, and suggested a more
humane and constructive treatment of convicts through the use of work
programs intended to make them more productive
members of society.
RAFFAELLE GAROFALO (1851 – 1934), Italian

Criminologist & Jurist, traced the roots of criminal behavior
not on physical features but in their psychological equivalents
which he called ―moral anomaies‖. He stated that Crime is an
immoral act that is injurious to society based on psychological
orientation and using sociological concept of explaining crime
he came up with the so called ―Natural crime‖, those that offend
the basic moral sentiments of probity and piety, which are
found in all societies and no civilized society can afford to disregard them. He also
made his own classification of Criminals and they are as follows:
Types of Criminal according to Garofalo:
1. Murderers (from vengeance and revenge)
2. Violent Criminals (commits very serious crimes)
3. Deficient Criminals (commit crimes against property)
4. Lascivious Criminals (commit crimes against chastity).
Garofalo‘s Law of Adaptation = followed the biological principle of Darwin in terms of
adaptation and natural selection. Thus, he suggested the following: (1) Death for
those whose criminal acts grew out of a permanent psychological anomaly,
rendering them incapable of social life; (2) Partial elimination or long time
imprisonment for those fit only for the life of nomadic hordes or primitive tribes; and
(3) Enforced reparation on the part of those who lack altruistic sentiments but who
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have committed their crimes under pressure of exceptional circumstances and are
not likely to do so again.
ENRICO FERRI (1856-1929), an Italian criminologist,

sociologist, a member of the Italian Parliament, and a student of
Cesare Lombroso. He rejected these sorts of beliefs, known
as biological determinism; rather focus on the sociological
and ecological factors contributing to crime commission. He
believed that criminals could not be held morally responsible
because they did not choose to commit crimes but was driven to
commit them by conditions of their lives. Crime is a result of not a
single but a combination of factors classified as (1) physical (2)
anthropological such as age, sex, biological and psychological,
(3) social etc.)
In the first half of the 20th century another biological view was popularized
focus on the study of the body build of a person in relation to his temperament and
personality as well as the type of offense he or she is most prone to commit. This is
the so called ―Physiology or somatotyping (Somatotype)‖.
The following are the proponents of the somatotype
school of criminology:
ERNST KRETCHMER (1888- 1964), a German
psychiatrist who correlated body build and physical constitution
with characters or temperamental reactions and mentality in his
best-known work, Körperbau und Charakter (1921; Physique and
Character). He was able to distinguished three (3) principal types of
physiques namely:
a) asthenic – lean, slightly built, narrow shoulders;
their crimes are petty thievery and fraud
b) athletic – medium to tall, strong, muscular, coarse bones; they are
usually connected with crimes of violence;
c) pyknic – medium height, rounded figures, massive neck, broad
face; they tend to commit deception, fraud and violence.
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Later, he was able to identify another somatotype which is the “dysplastic”,

a combination of any of the three types of body physiques.
WILLIAM HERBERT SHELDON (born November 19,

1898, Warwick, Rhode Island, U.S.—died September 16,
1977, Cambridge, Massachusetts)
Sheldon is an American psychologist and physician who
is known for his own version of associating body physique with
personality and criminal behaviour.
Figure 1. Sheldon's Group of Somatotype

TYPE OF
PHYSIQUE and TEMPERAMENT
Type of Physique Temperament
a) endomorphic- relatively large Viscerotonic–generally relax
digestive viscera; round body; short, and comfortable small person,
tapering limbs; bones; smooth, velvety loves luxury and essentially
skin. extrovert.
b) mesomorphic – with relative Romotonic – active, dynamic;
predominance of muscles, bones and walks, talks and gestures
motor organs of the body with large wrist assertively and behaves
and hands. aggressively
c) ectomorphic – relative pre- Cerebrotonic – introvert prone to
dominance of skin and its appendages allergies, skin troubles, chronic
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which includes the nervous system; it has fatigue, insomnia, sensitive skin
fragile and delicate bones; with droopy and sensitive to noise and with
shoulders, small face and sharp nose, relatively small body.
fine hair.
HEREDITY AS A FACTOR IN CRIMINALITY

RICHARD LOUIS DUGDALE (1841-1883), English-
born merican sociologist, known as the first investigators to
study familial feeblemindedness and criminality, having
published in 1875 a study entitled ―The Jukes‖ a fictitious
name for a real family which was only discover the true name
by 1911.
He study the lives of the members of the Juke family
and referred to Ada Jukes as the ―mother of criminals‖,
having discovered that from among the descendants of Ada
Jukes, there were 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40
persons with venereal diseases and 50 prostitutes. He claimed that since
families produce generations of criminals, they must have been
transmitting degenerate traits down the line.
Most of his assumptions and conclusions about the influence of heredity
are no longer accepted and his discovery is known by todays study as ―the
poverty cycle‖ or ―culture of poverty‖ which is believed to be not due to heredity
but rather environmental result.
HENRY H. GODDARD (1866-1957), American
Psychologist, known for his books “The Kallikak
Family: A Study In The Heredity Of Feeble-
Mindedness “(1912), and “Feeble-Mindedness: Its
Causes And Consequences” (1914). He believed that
"feeble-mindedness" was the result of a single
recessive gene. He studied the lives of the KALLIKAK
FAMILY. "Kallikak" is actually a pseudonym created
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by Goddard from the Greek words Kallos (beauty) and Kakos (bad). Out of
more than 300 families that Goddard studied it is the Kallikak Family that
became known. He found that among the descendants from MARTIN
KALLIKAK‘s relationship with a feeble-minded lady, there were 143 feeble-
minded and only 46 normal, 36 were illegitimate, 3 epileptics, 3 criminals, 8
kept brothels and 82 died of infancy; his marriage with a woman from a good
family produced almost all normal descendants, only 2 were alcoholics, 1
was convicted of religious offense, 15 died at infancy and no one became
criminal or epileptic.
Goddard is also the one who coined the word ―MORON‖ and defined it
as "high grade defectives" with low intelligence, but appear normal to
casual observers. He is being considered by many as one of the pioneers

of the American eugenicist movement.
INTELLIGENCE AS A FACTOR IN CRIMINALITY

The classic studies of the Juke and Kallikak families were among the
first to show that feeblemindedness or low-intelligence can be inherited and
transferred from one generation to the next. Numerous test were also
conducted that lead to the development of the use of IQ tests as a testing
procedure for offenders. The very first results seemed to confirm that
offenders had low mental abilities and they were found to be mentally
impaired.
HENRY MAUDSLEY (1835-1918), British Psychiatrist, known

for his enthusiasm in writing articles in relation to his field of
work and in correlation with others work. His articles of
―Homicidal Insanity (1863) and ―Insanity and Crime‖ (1864)
were the first and later ―the Physiology and Pathology of
Mind‖. He said -- "Crime is a sort of outlet in which their
unsound tendencies are discharged; they would go mad if they
were not criminals, and they do not go mad because they are
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criminals. He did not even agree with harsh punishment of criminals and
stated --"The makers and administrators of law ought really to have some pity
for these defective beings suffering, as they do, under an irremediably bad
organisation;
He agrees with Plato "that the wicked owe their wickedness to their
organization and education, so that not they, but their parents and instructors
should be blamed." Criminals "go criminal, as the insane go mad, because
they cannot help it."
EARNEST ALBERT HOOTON (1887-1954), American

physical anthropologist who investigated human
evolution and so-called racial differentiation, classified
and described human populations, and examined the
relationship between personality and physical type,
particularly with respect to criminal behaviour. He
believed in the theory of Lombroso concerning born
criminal and attempted to support this theory. He also
related hereditary and physical inferiority to
criminality. His method was later criticized and and his
belief is characterized as racist. Examples of Hooton‘s
observation are:
 criminals are less often married and more often divorced
 criminals often have tattoos
 criminals have thinner beards and body hair, and their hair is more
often reddish-brown and straight
 criminals often have blue-gray or mixed colored eyes, and less often
dark or blue eyes
 criminals have low sloping foreheads, high nasal bridges, and thin lips
 criminal‘s ears often have rolled helix and a perceptible Darwin‘s point
Nature Theory (Henry Goddard, William Healy, Augusta Bronner) =

it Argues that intelligence is largely determines genetically, that ancestry
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determines I.Q., and that low intelligence, as demonstrated by low I.Q., is

linked to criminal behavior.
PYSCHOLOGICAL DETERMINISM
This explains the psychological determinants which define behavior of a
person. This idea has long been hatched by thinkers who were consumed by the
belief that it is the psychological equivalents that prod the person to act the way he
does.
There are many ways to classify psychological theories of crime causation.
Some of the theories emphasize emotional problems, mental disorders, sociopathy
and thinking patterns. But the common assumption of these theories is that there is
something wrong with the mind of the offender which caused him to commit crimes.
From among the many theories regarding the relationship of psychology and
crime, the psychoanalytic theory by Sigmund Freud is the most notable:
SIGMUND FREUD (1856-1939)

- he is recognized as the FATHER OF PSYCHOANALYSIS
- he believed that man carry with him residue of the most significant emotional
attachments of his childhood, which then guide future interpersonal relationship.
- he founded the PSYCHOANALYTIC (Psychodynamic) THEORY OF
CRIMINALITY in which he attributed delinquent and criminal behavior to a
conscience that is overbearing which arouses feelings of guilt or a conscience that is
so weak that it cannot control the individual‘s impulses and the need for immediate
gratification.
- in his theory, PERSONALITY IS COMPRISED OF THREE COMPONENTS:
a) ID – this stands for instinctual drives; the primitive part of the individual‘s
mental make-up present at birth; it is governed by the “pleasure principle”;
represents the unconscious biological drives for pleasure; the id impulses are not
social and must be repressed or adapted so that they may become socially
acceptable.
b) EGO – this is considered to be the sensible and responsible part of an
individual‘s personality and is governed by the “reality principle”; it is developed
early in life and compensates for the demands of the id by helping the individual
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guide his actions to remain within the boundaries of accepted social behavior; it is
the objective, rational part of the personality.
c) SUPEREGO – serves as the moral conscience of an individual; it is
structured by what values were taught by the parents, the school and the community,
as well as belief in God; it is largely responsible for making a person follow the moral
codes of society. It is divided into two parts: conscience (tells what is right or
wrong) and ego ideal (directs the individual to morally acceptable and responsible
behaviors, which may not be pleasurable).
PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT

Eros = the most basic human drive present at birth (the instinct to preserve and
create life). An expressed sexually.
Oral stage = usually during the first year of life when the child attains pleasure by
sucking and biting.
Anal stage = focus on the elimination of bodily wastes during the second and third
years of life.
Phallic stage = during the third year when child focus their attention on their
genitals.
Oedipus complex = a stage of development when male begin to have sexual
feelings for their mother.
Electra complex = a stage of development when girls begin to have sexual
feelings for their fathers.
Latency = begins at age 6. Feelings of sexuality are expressed until the genital
stage begins at puberty; this marks the beginning of adult sexuality.
Fixated person = exhibit behavior traits characteristics of those encountered during

infantile sexual development e.g. an infant who does not received enough oral
gratification during the first year of life is likely as an adult engage in such oral
behavior as smoking, drinking, or drug abuse and others.
PSYCHOLOGICAL THEORIES OF CRIME CAUSATION

1) EMOTIONAL PROBLEMS THEORIES
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The emotional problem theories look at the offender as having the same
psychological make-up as that of a non-offender. There is no disease or
psychological disorder present in the offender. But the offender does not cope well
with his environment and this creates frustration that results in crime. The emotional
problem theories assume that the lawbreaker does not have a great mental sickness
that causes him to commit crimes but rather, he commits crime because of everyday
emotional problems that made him unable to cope. As a result, the offender acts out
criminally.
2) MENTAL DISORDER THEORIES
There are two general types of mental disorders. First, the organic disorder,
where the physiological cause can be identified, such as head injuries that left the
mind blank, senility, Parkinson‘s disease and Alzheimer‘s disease. Organic disorders
refer to the brain‘s disorder or sickness. Second is the functional disorder, which is
characterized by strange behavior that cannot be traced to any known organic
disease. Examples of functional disorders are those people with no apparent brain
sickness who hear voices that other do not hear, or who see things that others do
not see.
Albert Adler (1870- 1937) = founder of individual psychology and coined

the term “inferiority complex” --- people who have feelings of inferiority and
compensate for them with a drive for superiority.
Erik Erikson (1902-1984) = described the so called ―identity crisis”----a
psychological state in which youth face inner turmoil and uncertainty about life roles.
August Aichorn = he concluded that societal stress, though damaging, could
not alone result in a life of crime unless a predisposition existed that psychologically
prepared youths for antisocial acts. He called this mental state –the latent
delinquency, found on youths whose personality requires acting in the following
ways: (1) seek immediate gratification, (2) consider satisfying their personal needs
more important than relating to others, and (3) satisfying instinctive urges without
considering right and wrong (they lack guilt).
Isaac Ray = an acknowledged American psychiatrist who popularized the
concept of ―moral insanity‖ in his book, ―A treatise on the Medical Jurisprudence of
Insanity‖.
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Behavior Theory = It maintains that human actions are developed through

learning experiences. Rather than focus on unconscious personality traits or
cognitive development patterns produced early in childhood, behavior theorist are
concerned with actual behaviors in people‘s daily lives.
Its major premise is that people alter their behavior according to the reactions
it receives from others. Behavior is supported by rewards and extinguished by
negative reactions or punishments.
Cognitive Theory = it focus on mental processes and how people perceive
and mentally represent the world around them and solve problems. Pioneered by
Wilhelm Wundt, Edward Titchener, and William James.
= moral development branch is concerned with how people morally represent
and reason about the world.
= Humanistic psychology stresses self-awareness and getting in touch with
feelings.
= Information-processing theory focuses on how people process, store,
encode, retrieve and manipulate information to make decisions and solve problems.
Mental deficiency Theory =focus on psychiatric make up of the individual
criminal, stating among others that human intelligence is a big factor in criminality.
Moral Development Theory = advanced by Jean Piaget who holds that
children evolve through four stages of cognitive development.
Multi-Stage Theory of Moral evolution = Lawrence Kohlberg stated that
children strive to maximize pleasure and avoid punishment.
Personality Theory = it attempts to explain how people acquire
predispositions towards certain behavior.
Social Learning Theory =It proposes that people internalize moral codes
more through the process of socialization --- learning behaviors through interaction
with others.
SOCIAL POSITIVISM
As biological views were dominating, the sociological positivist also started
making scientific explanation of crimes based on social changes which dates back
during the mid- 19th century. Its foundation is said to be laid down by Emile
Durkheim (1858-1917), father of modern sociology. Durkheim (French sociologist) is
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one of the founding scholars of sociology. Durkheim vision‘s of social positivism are
as follows:
―Crime is as normal a part of society as birth and death. It is an inevitable due
to human differences and they use variety of means and different types of behaviour
in order to meet their respective needs‖.
―Crime is part of human nature because it has existed during periods of both
poverty and prosperity‖;
―As long as human differences exist, which is one of the fundamental
conditions of society; it is but natural and expected that it will result to criminality‖;
―Crime can be useful and sometimes even healthful, for it has the force to
effect social changes‖;
One of his profound contributions to contemporary criminology is the concept
of anomie, the breakdown of social order as a result of loss of standards and values;
a condition of normlessness. This is derived from his book, “Division of Social
Labor”, which became a landmark work on the organization of societies. He
explained that the shift from a small, rural society to modern ―organic‖ society with
large urban population, division of labor, and personal isolation flowed ―anomie‖,
causing norms and role confusion. It is also possible that loss of privacy brought by
media and modern technology may lead private moments to go ―viral‖ which also
helped creates anomie in our own culture.
GABRIEL TARDE (1843-1904) – forerunner of modern day learning
theorists.
-introduced the Theory of Imitation(imitation-suggestion) which governs the
process by which people become criminals
Suggestion is more of an unconscious copying
Imitation is conscious copying.
-The Theory of Imitation is explained by the following patterns:
a) Pattern 1: individuals imitate others in proportion to the intensity and
frequency of their contact
b) Pattern 2: inferiors imitate superiors
c) Pattern 3: when two behavior patterns clash, one may take the place of the
other
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ADOLPHE QUETELET
-He repudiated the free will doctrine of the classicists
-He founded what is known as the CARTHOGRAPHIC SCHOOL OF
CRIMINOLOGY, together with ANDRE MICHAEL GUERRY
-This study used social statistical data and provided important demographic
information on the population, including density, gender, religious affiliations and
social economic status
- He found a strong influence of age, sex, climate condition, population
composition and economic status in criminality
THE CHICAGO SCHOOL

In the early 20th century The Chicago School was developed by group of
urban sociologist through the efforts of Robert Ezra Park (1864-1944), Ernest W.
Burgess (1886-1966), Louis Wirth (1897-1952) and some of their colleagues in the
University of Chicago.
They focus on the condition prevailing in the urban areas such as poverty
influences crime rate in the society. They said that social forces operating in the
urban areas created a so called ―crime-promoting environment‖. As influence by the
works of Robert Ezra Park and Ernest Burgess, Shaw and Mckay conceptualize the
theory of Social Disorganization, focused on social institutions such as school and
the family and how their breakdown influences deviant and anti-social behavior.
ROBERT MERTON
He improved the anomie concept and identified the problem as the gap
between the ideals of the society and the arbitrary realities of one‘s determining birth
position within the social structure.
ALBERT COHEN, (Delinquent boys, 1955 expands the concept of strain theory
which includes not only material goals but also social status and others.)
MARXIST Criminology = economic &state crimes of the powerful economic &socio-

cultural crimes of the less powerful.
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FEMINIST Criminology =relationship between offender and those with power to

label. As against the traditional criminology who ignores the issue of gender and
leaving the question of female crimes to be discussed by doctors and psychologists.
CULTURAL Criminology = emphasizes the role of imgae, style, representation and

meaning bith within criminal subcultures and in the mediated construction of crime
and crime control.
CRIMINOLOGY EDUCATION IN THE PHILIPPINES
Criminology education
in the Philippines is quit young
than other programs of education
in the Higher Education System.
Figure 2. Justice Felix Angelo Bautista, Founder of the Philippine College of
The idea of offering Bachelor of Criminology (PCCR)
Science in Criminology was due to the initiative of Former Supreme Court Justice
Felix Angelo Bautista, the founder of the Philippine College of Criminology formerly
known as Plaridel Educational Institution. The idea was that it will serve as the
source of man power who will assist in the administration of justice since it was
created as school in support of the Manila Law College formerly known as the
Escuela de Deretso de Manila, the 1st law school ever established by local
personality second to the University of Sto Tomas. The Securities and Exchange
Commission granted its creation as a corporation in 1954. It was given permit to
operate 1st year and 2nd year level in June 1, 1954 with 98 students. Until it was
given the Government Recognition on in 1956 for a 4 year general course for
Bachelor of Science in Criminology degree. Making it the first and pioneer school of
criminology in the country or even across
South East Asia. Gradually expanding in its resources, in 1965, it was able to
construct a 10-story building.
Cognizant of its contribution to Police Education, the Bureau, in 1961, granted
government recognition for the Philippine College of Criminology to offer graduate
studies with specialization on Law enforcement, Police sciences, Correctional
Administration and Rehabilitation leading to Master in Criminology. Thus, the
Page 35
Philippine College of Criminology is also the first institution authorized by the

government to offer graduate studies in criminology.
The Institution aims to contribute to the country‘s security, peace and order
through a holistic criminology education and continuous development of students
and professionals. In addition, the school endeavors to inculcate integrity, devotion
to duty, enlightened leadership, sense of community and love of God and country, as
a way of life for students and practitioners of Criminology and Law through the
Manila Law College (MLC).
The primary purpose and activity presently engaged in by the PCCr-MLC is to
maintain and administer an educational and institution school. The school offers
Doctoral, Master and Bachelor of Arts in Criminology, High School Diploma and
conduct review classes for Licensure Examinations in Criminology through the PCCr
Review Center and Bachelor of Laws and Bar review in the Manila Law College. Its
curriculum is patterned after the leading curricula of Criminology schools and
universities in the United States, the United Kingdom and other standards
recommended by the International Society of Criminology. These, however, are
modified to suit the requirements of the PNP, NBI, and NAPOLCOM.
Graduates of the Philippine College of Criminology were employed not only in
the Philippines but even abroad especially in the field of forensic sciences.
In the early part of 1960‘s B. S. Criminology Program starts to spread in the
country that some colleges and universities starts to offer the program. Some of the
schools that follows are: (1) University of Manila, (2) Manuel L. Quezon University,
(3) University of Visayas, (4) University of Mindanao, (5) University of Baguio, and
Abad Santos College.
At present (2020), there are about five hundred ninety (590) colleges and
universities offer the said program under the College of Criminal Justice. Not to
mentioned those that have not yet been given government recognition through the
CHED. Bachelor in Forensic Sciences are now being offered by some universities
and colleges and the new program under the College of Criminal Justice being
process is the Bachelor of Science in Industrial Security Management.
Even in the licensure examination, the Criminologist Licensure examination is
now second to Licensure Examination for teachers in terms of the number of board
examinees. These are only some of the proof that criminology profession is fast
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growing in this country and even in some neighboring country for they realized the
flexibility of the course and the vast opportunity for graduates to land a job.
V. Laws governing the Practice of Criminology in the Philippines

R.A. 6506 –An Act Creating the Board of Examiners for Criminologists in the
Philippines and other purposes Approved & became effective on --------July 1, 1972.
R.A. 11131 – Philippine Criminology Profession Act of 2018
– An act regulating the practice of Criminology Profession in the Philippines, and
appropriating funds therefore, repealing for the purpose RA 6506.
RA 10912 - Continuing Professional Development Act of 2016 (CPD)
- The law aims to promote and upgrade the practice of professions in the
country and to continuously improve the competence of professionals in accordance
with international standards of practice.
Related Commission on Higher Education Memorandum Circulars (CMO’s):
CMO 21 s. 2005. Criminal Justice Education: Policies, Standards and Guidelines for
B.S. Criminology as one of the Programs under the Criminal Justice Education. This
CMO 21 s.2005 has been very controversial Memorandum Order issued by the
Commission on Higher Education in as much as for 49 years, there is only one
program being offered and that is Bachelor of Science in Criminology. The said
CMO, created the Criminal Justice Education, placing BS. Criminology as one of the
programs, including Law Enforcement Administration, Industrial Security
Management, Correctional Administration and Forensic Science which at that time
has no existing policies, standard and guidelines.
Some of the controversial issues are:
1. Why establish an umbrella without the branches? There is only one
program existing and that is B.S. Criminology.
2. Art. 7, Section 10, Par 1. The Criminal Justice Education shall be a
separate college to be headed by a full-time Dean, who must be a holder of Doctor
Degree in Criminology or other allied courses such as Psychology, Sociology, Law,
Page 37
Public Safety, National Security Administration, Correctional Administration and

Police Administration which are non-board courses except for Law at that time.
Being a registered Criminologist or Licensed Professional is not even one of the
qualification for Dean of the Criminal Justice College. Many Criminology Deans
reacted on this for it puts criminology under the hands of different allied courses that
are non-board. It seems that this provision was created to give preference to those
who wanted to enter and even control criminology education in the country.
3. That chairman and some members of the CHED technical panel
responsible for the crafting of CMO 21 are not Registered Criminologist and they
want to take charge and control over the criminology education in the country which
is obviously growing fast at that time. It takes a year before that controversy finally
cool down;
4. The Criminology department shall be under the Criminal Justice College, to
be administered by a full time department head, who must be a graduate of B.S.
Criminology, at least M.S. in Criminology, Registered Criminologist, and with at least
3 years teaching and 1 year supervisory experience. (par. 2, Sec. 10, Art VII, CMO
21, series of 2005)
In case the College of Criminal Justice has only Criminology Department, the
college dean, can also be the department head in concurrent capacity. (par. 3, Sec.
10, Art VII).
Said Truth, there are HEI‘s who put those graduate of other allied course as
the Dean of the College of Criminology not as dean of Criminal Justice College, who
are not even Registered criminologist and worst does not have at least 3 years of
teaching experience. Their justification is in par. 3, Sec. 10, of Art VII, which states
that the dean of the College of Criminal Justice may in concurrent capacity hold the
position as Department head of Criminology.
CHED MEMORANDUM CIRCULAR #5 SERIES OF 2018.

Policies, Standards and Guidelines for the bachelor of Science in Criminology
(BS Criminology) Program. This is in pursuance to the outcomes-based quality
assurance system as advocated under CMO No. 46 series of 2012, entitled ‖Policy
Standards to Enhance Quality Assurance (QA) in Philippine higher Education
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Through an Outcomes-based and Typology –Based QA,‖ and by virtue f the

Commission en banc resolution No. 467-2017, dated July 4, 2017.
This CMO5, Series of 2018 does not only shift the paradigm of education in
criminology but at the same time has set some changes in the subject coverage in
the conduct of the Criminologist Licensure Examination. The distribution were
already been discuss in the first lesson of this module.
Philippine Educators Association for Criminology Education (PEACE) = created

on January 13-25, 1983 primarily to professionalize criminology education in the
context of National development.
PROFESSIONAL CRIMINOLOGIST ASSOCIATION OF PHILIPPINES (PCAP).

The legitimate organization of Criminologists recognized by the Professional
Regulation Commission.
Seventeenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand eighteen.
REPUBLIC ACT No. 11131
AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION
IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN
ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE
PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippine
Congress assembled:
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology
Profession Act of 2018".
Section 2. Statement of Policy. - The State recognizes the importance of
criminology profession in national security, public safety, peace and order, and in
nation-building and development. Hence, it shall develop and nurture competent,
virtuous, productive and well-rounded criminologists whose standards of professional
practice and service shall be excellent, qualitative, world-class and globally
competitive through sacred, honest, effective and credible licensure examinations,
coupled with programs and activities that would promote professional growth and
development.
Section 3. Objectives. - This Act shall govern:
(a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of criminologists through
Continuing Professional Development (CPD); and
(e) The integration of all criminology professional groups, and membership of
all registered criminologists to the accredited professional organization.
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Section 4. Definition of Terms. - As used in this Act, the following terms shall
be defined as follows:
(a) APO refers to the Accredited Professional Organization of criminologists,
that the Professional Regulatory Board of Criminology created hereunder and,
hereinafter referred to as the Board, as the one and only recognized and accredited
integrated national organization of criminologists, subject to the approval of the
Professional Regulation Commission (PRC) hereinafter referred to as the
Commission created under Republic Act No. 8981, otherwise known as the "PRC
Modernization Act of 2000";
(b) Board refers to the Professional Regulatory Board for Criminologists
created hereunder;
(c) CHED refers to the Commission on Higher Education (CHED) created
under Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", in
the formulation of policy standards, and monitoring of the criminology education in the
country, which shall be assisted by the Criminology Technical Panel composed of the
president of the APO, Chairperson of the Board of Criminology, one (1) from the
academe, and two (2) from the law enforcement agencies;
(d) Commission refers to Professional Regulation Commission (PRC)
hereinafter referred to as the Commission created under Republic Act No. 8981,
otherwise known as the "PRC Modernization Act of 2000";
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it
also deals with the prevention, and solution of crimes;
(f) Profession refers to the art and science in the practice of criminology
discipline; and,
(g) Registered criminologist refers to a natural person who holds a valid
certificate of registration and an updated professional identification card as
criminologist issued by the Board and the Commission pursuant to this Act.
Section 5. Scope of Practice. - The practice of criminology shall include, but
shall not be limited to, acts or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement
administrator, executive, adviser, consultant, officer, investigator, agent or employee
in any private or government agencies performing law enforcement and quasi-police
functions at the Philippine National Police (PNP), the National Bureau of Investigation
(NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection
(BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the
Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), the Bangko Sentral
ng Pilipinas (BSP), other government and private banks, the Philippine Postal
Corporation (PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport
Police, the National Intelligence Coordinating Agency (NICA), the Intelligence Service
of the Armed Forces of the Philippines (ISAFP), and other intelligence service or
agencies of the government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by
a professor, instructor or teacher in any university, college or school duly recognized
by the government of any of the following professional and component subjects of the
criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics; (3)
Law Enforcement Administration; (4) Crime Detection and Investigation; (5)
Correctional Administration; and (6) Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology curriculum provided by the
CHED;
(c) As a technician, examiner/criminalist, or specialist in dactyloscopy,
questioned document, deoxyribonucleic acid (DNA), lie detection, firearms
identification, forensic photography, forensic chemistry and other scientific crime
detection and investigation;
(d) As a correctional administrator, executive, supervisor, or officer in any
rehabilitation, correctional, and penal institution or facility, and in any community-
based corrections, and rehabilitation agencies and/or programs;
(e) As a counsellor, consultant, adviser or researcher in any government or
private agency on any aspect of criminological research or project involving the
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causes of crime, children in conflict with the law, treatment of offenders, police
operations, law enforcement administration, scientific criminal investigation or public
safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent, or detective in
any private security and investigation agency organized under the laws of the
Philippines.
The Board, in consultation with the APO and the academe, subject to the
approval of the Commission, may revise, exclude from or add to the above
enumerated acts or activities as the need arises to conform with the latest trends in
the practice of criminology in the country.
ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
Section 6. Creation, and Composition of the Professional Regulatory Board
for Criminologists. - There is hereby created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative supervision and control of
the Commission, to be composed of a Chairperson and four (4) members appointed
by the President of the Philippines from a list of three (3) recommendees for each
position, chosen and ranked by the Commission from a list of three (3) nominees for
every position endorsed by the APO. The new Board shall be organized not later than
six (6) months from the effectivity of this Act.
Section 7. Qualifications of the Chairperson and Members of the Board. - The
Chairperson and each member shall, at the time of their appointment, possess all
these qualifications:
(a) Must be a natural-born Filipino citizen and a resident of the Philippines;
(b) Must be of good moral character, good reputation and of sound mind and
body;
(c) Not convicted by a court of competent jurisdiction of any offense involving
moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology, and a holder of
a Post-Graduate Degree in Criminology or a lawyer in any reputable school
recognized by the CHED;
(e) Must be a registered criminologist with a valid certificate of registration and
a valid professional identification card, having at least ten (10) years of practice in the
profession prior to the appointment including no less than two (2) years teaching
experience of criminology or law subjects in full-time or part-time capacity in the
college of criminology or college of law recognized by the government through the
CHED;
(f) Must be a member in good standing of the APO but not an officer or trustee
thereof; and
(g) Must not be a member of the faculty of any school, college or university
where a regular class or review course in criminology is offered, nor a member of the
staff of reviewers in a review school or center, and must not have any direct or
indirect pecuniary interest in any such institution.
Section 8. Term of Office. - The Chairperson and members of the Board shall
hold office for a term of three (3) years from the date of appointment or until their
successors shall have been qualified and appointed. They may be reappointed to the
same office for another term of three (3) years immediately after the expiry of their
term: Provided, That the holding of such position shall not be more than two (2) terms
nor more than six (6) years, whichever is longer: Provided, further, That the first
Board under this Act shall hold these terms of office: the Chairperson for three (3)
years, the first two (2) members for two (2) years, and the second two (2) members
for one (1) year: Provided, finally, That any appointee to a vacancy with an unexpired
period shall only serve such period. The Chairperson and the members shall duly
take their oath of office.
Section 9. Compensation, Allowances and Other Benefits. - The Chairperson
and members of the Board shall receive compensation, allowances and other
benefits comparable to that being received by the Chairpersons and members of
other Professional Regulatory Boards under the Commission as provided for under
Section 10 of Republic Act No. 8981 and other existing laws.
Page 41
Section 10. Powers, Functions, Duties and Responsibilities of the Board. -

The Board shall exercise executive, administrative, rule-making and quasi-judicial
powers in carrying out the provisions of this Act. It shall be vested with the following
specific powers, functions, duties and responsibilities:
(a) To administer, supervise, and monitor the conduct of the licensure
examination, registration, membership in the APO and the practice of criminology in
accordance with the provisions of this Act;
(b) To receive complaints and decide the matter as to the malpractices and
unethical conduct in the practice of the criminology profession;
(c) To promulgate and issue rules and regulations implementing the provisions
of this Act;
(d) To promulgate and adopt Code of Ethics and Code of Good Governance
for the practice of criminology;
(e) To adopt an official seal of the Board;
(f) To prescribe and promulgate guidelines on the conduct of a CPD program
for criminologists in consultation with the APO;
(g) To promulgate, adopt or amend the syllabi and tables of specifications of
the subjects for the licensure examination/s in consultation with the APO, the
academe, and the CHED Technical Panel for Criminology, prepare questions for the
licensure examination which shall strictly be within the scope of the syllabi of the
subjects for examination, as well as administer and correct, and release the results of
the licensure examinations;
(h) To issue, suspend, revoke or reinstate the certificate of registration of the
registered criminologist or cancel temporary/special permit granted to foreign
criminologist;
(i) To administer oaths in the performance of its functions such as, but not
limited to, the oath of a professional to successful examinees in licensure
examination for criminologist together with the APO in an appropriate mass oath-
taking ceremony to be held for the purpose;
(j) To monitor the conditions affecting the practice of criminology and
whenever necessary, adopt such measure as may be deemed proper for the
enhancement of the profession and the maintenance of high professional, ethical an^
technical standards; for this purpose, the members of the Board, duly authorized by
the Commission, may conduct ocular inspection of establishments where criminology
is practiced, and recommend sanction as it may deem proper to the appropriate
government agency concerned;
(k) To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty
qualifications, laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
(l) To hear and investigate cases on violations of this Act, its implementing
rules and regulations (IRR), the Code of Ethics, the Code of Good Governance and
other policies, and for this purpose, to issue summons, subpoena ad testificandum
and subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such hearings or investigations and the production of documents in
connection therewith:
(m) To delegate to the Commission the hearing or investigation of cases
against the alleged violators: Provided, That the hearing or investigation of cases
wherein the issue or question involved strictly concerns the technical practice of
criminology shall be presided over by at least one (1) member of the Board assisted
by a Legal or Hearing Officer of the Commission;
(n) To recommend to the Commission the endorsement of cases involving
criminal violations of this Act, its IRR, and other laws to the Prosecution Office or
appropriate government agency, for investigation and appropriate action;
(o) To disqualify applicants for the licensure examination who has been
previously convicted of a crime with finality involving moral turpitude. Hear and decide
administrative cases against the examinees or registered criminologists if they have
been convicted of a crime involving moral turpitude: Provided, That if they are found
Page 42
guilty, the Board shall cancel their examination papers and/or preclude them from
taking another licensure examination, or to revoke/suspend their certificates of
registration and cause the surrender of their professional identification card subject to
the rules and regulations of the PRC: Provided, further, That the decision of the
Board shall, unless appealed to the Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment or decision;
(p) To conduct, through the Legal or Hearing Officers, summary proceedings
against the examinees who commit violations of this Act, its IRR, any of the Codes
aforementioned, including violation of the General Instructions to Examinees, and to
render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment
or decision;
(q) To prepare an annual report of accomplishments on programs, projects
and activities of the Board for submission to the Commission after the close of each
calendar year and make appropriate recommendations to the Commission on issues
or problems affecting the criminology profession; and
(r) To exercise such other powers as may be provided by law as well as those
which may be implied from, or which are incidental or necessary to the effective
carrying out of the express powers granted to the Board to achieve the objectives and
purposes of this Act. The resolutions, rules and regulations and other policies issued
and promulgated by the Board shall be subject for review and approval by the
Commission.
However, the Board's decisions, resolutions or orders rendered in an
administrative case shall be subject to review only if on appeal.
Section 11. Grounds for Removal or Suspension of Board
Chairperson/Member. - The President of the Philippines, upon the recommendation
of the Commission, after due process and administrative investigation conducted by
the Commission, may remove or suspend the Chairperson or member of the Board
on any of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;
(b) Commission of any of the causes/grounds and the prohibited acts provided
in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt
Practices Act, and other laws;
(c) Manipulation or rigging of the results in the licensure examination for
criminologists, disclosure of secret and confidential information on the examination
questions prior to the conduct thereof, or tampering of grades; and
(d) Conviction with final judgment of any crime involving moral turpitude. The
Commission, in the conduct of the investigation, shall be guided by Section 7(s) of
Republic Act No. 8981, the rules on administrative investigation, and the applicable
provisions of the New Rules of Court.
Section 12. Administrative Supervision of the Board; Provision of Support
Services. - The Board shall be under the administrative supervision of the
Commission. The Commission shall keep all records of the Board including
applications for examination, examination papers and results, minutes of deliberation
and administrative cases. The Commission shall designate the Secretary of the
Board and shall provide the other support services to the Board in order to implement
the provisions of this Act.
ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE
Section 13. Passing of Licensure Examination Requirements. - Except as
otherwise specifically allowed under this Act, applicants for registration for the
practice of criminology shall be required to pass a licensure examination as provided
for in this Act, in such places and dates as the Commission may designate in the
resolution thereof on the Master Schedules for all licensure examinations in
accordance with Section 7(d) of Republic Act No. 8981.
Section 14. Qualifications of an Applicant for the Licensure Examination. - An
applicant for the licensure examination for criminologist shall satisfactorily prove that
one possesses the following qualifications:
Page 43
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state

has reciprocity with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and
body certified by the school where he/she graduated and the barangay where he/she
lives, unless the examinee is a foreign national a certification from any professional of
good standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET)
and conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution of
learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a
court of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a reputable
institution duly recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.
Section 15. Subjects for Licensure Examination. - The licensure examination
for criminologists shall include, but shall not be limited to, the following:
1âwphi1
Subjects Relative Weights
a Criminal Jurisprudence and Procedure: 20%
Criminal Law (Book I); Criminal Law (Book II); Related
Special Penal Laws; Criminal Procedure; Evidence; and Court
Testimony.
b Law Enforcement Administration: 20%
Police Organization and Administration, Police Planning, Police
Patrol Operations, Police Communication System; Police
Intelligence; Police Personnel and Records Management;
Comparative Police Systems; and Industrial Security
Management.
15%
c Crime Detection and Investigation:
Fundamentals of Criminal Investigation; Special Crime

investigation, Organized Crime; Fire Technology and Arson
Investigation; Traffic Accident Investigation; Drug Education
and Investigation and Vice Control.
d Criminalistics: 20%
Forensic Photography; Personal Identification; Forensic
Medicine; Polygraphy; Examination; Forensic Ballistics; and
Questioned Documents;
e Correctional Administration: 10%
Institutional Corrections; Non-Institutional Corrections
f Criminal Sociology: 15%
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System; Ethics and Values;
Juvenile Delinquency and Crime Prevention; Human Behavior
and Crisis Management; Criminological Research and
Statistics
Page 44
The Board, in consultation with the APO and the academe and subject to the
approval of the Commission, may revise or exclude any of the subjects with their
corresponding ratings and their syllabi, and add new ones as the need arises to
conform with technological changes brought about by developing trends in the
profession.
However, the Board may change or revise any of the above subjects in the
event the CHED shall correspondingly change the curriculum prescribed for the
Degree of Bachelor of Science in Criminology. In the conduct of the examination, the
Board, in its discretion, may give practical and field examinations in each subject, as
it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. - All
subjects for the licensure examination shall be taught by a registered criminologist
who is a holder of a valid certificate of registration and updated professional
identification card for criminologist, APO membership, and CPD required units
earned, and meet other CHED requirements. Allied fields in criminology may also be
allowed to teach as it may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure
examination for criminologist, a candidate must obtain a weighted average rating of
seventy-five percent (75%) with no grade less than sixty percent (60%) in any given
subject. In case the examinee obtains a weighted average rating of seventy-five
percent (75%) but, has a grade below sixty percent (60%) in any of the subjects, the
result of the examinee shall be deferred, and be required to retake that particular
subject/s. The deferred examinee shall only be allowed to retake once within two (2)
years from the date of the examination, and shall be required to obtain a grade not
lower than eighty percent (80%) on the subject, to be considered to have passed the
licensure examination. If the examinee failed to retake after the lapse of two (2) years
or failed to get the passing mark of eighty percent (80%), the examinee shall retake
all the board subjects.
Any examinee who failed three (3) or more board subjects shall be deemed to
have failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the Commission the
ratings obtained by the candidates not later than ten (10) days after the last day of the
examination, unless the period is extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure examination
shall take their oath of profession in person before the Board or any of its members,
and with the APO in an oath-taking ceremony held for such purpose. Any person
authorized by law may administer oath to any successful examinees only upon
membership of the APO prior to entering the practice of the profession.
Section 20. Issuance of Certificate of Registration and Professional
Identification Card. - A certificate of registration shall be issued to those who shall
register, subject to payment of fees prescribed by the Commission. It shall bear the
signatures of the Chairperson and the Commissioners of the Commission and the
Chairperson and members of the Board, stamped with the official seal of the
Commission and of the Board, certifying that the person named therein is entitled to
practice the criminology profession with all the privileges appurtenant thereto. It shall
remain in full force and effect until withdrawn, suspended or revoked in accordance
with this Act.
A professional identification card bearing the registration number and date, its
validity, and expiry duly signed by the Chairperson of the Commission shall likewise
be ^issued to every registrant who has paid the prescribed fee. It shall be reissued
after every three (3) years upon payment of the prescribed fees, prescribed units
earned in the CPD, and certified by the APO as active member.
Section 21. Refusal to Issue Certificate of Registration and Professional
Identification Card or Temporary/Special Permit. - The Board shall not register any
successful applicant for registration who has been:
(a) Convicted with finality of a crime involving moral turpitude by a court of
competent jurisdiction;
(b) Found guilty of immoral or dishonorable conduct by the Board;
Page 45
(c) Summarily adjudged guilty for violation of the General Instruction to

Examinees by the Board; and
(d) Declared of unsound mind by a court of competent jurisdiction. In refusing
such registration, the Board' shall give the applicant a written statement setting forth
the reasons thereof and shall file a copy in its records.
Section 22. Revocation or Suspension of the Certificate of Registration and
Cancellation of Temporary/Special Permit - The Board shall have the power, upon
notice and hearing, to revoke or suspend the certificate of registration of a registered
criminologist or to cancel a temporary/special permit granted to foreign criminologist
for the commission of any of the following acts:
(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code
of Good Governance, or policy of the Board and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c) Perpetration or use of fraud in obtaining one's certificate of registration,
professional identification card or temporary/special permit;
(d) Gross incompetence, negligence or ignorance resulting to death or injury
of a person, or damage to property;
(e) Nonrenewal of the professional identification card for a period of six (6)
years with the PRC without justifiable cause;
(f) Aiding or abetting the illegal practice of a non-registered criminologist by
allowing the use of one's certificate of registration and/or professional identification
card or temporary/special permit;
(g) Illegally practicing the profession during the suspension from the practice
thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the
profession or a declaration by a court of competent jurisdiction that the registrant is of
unsound mind; and
(i) Noncompliance with the CPD and APO requirements, unless one is
exempted therefrom, for the renewal of the professional identification card. The Board
shall periodically evaluate the aforementioned grounds and revise or exclude or add
new ones as the need arises subject to approval by the Commission.
Any person, firm or association may file charge/s in accordance with the
provision of this section against any registrant, and the Board may investigate the
commission of any of the abovementioned causes. Affidavit-complaint shall be filed
together with the affidavits of witnesses and other documentary evidence with the
Board through the Legal and Investigation Office. The conduct of an investigation
motu proprio shall be embodied in a formal charge to be signed by at least majority of
the members of the Board. The rules on administrative investigation issued by the
Commission shall govern the hearing or investigation, subject to applicable provisions
of this Act, Republic Act No. 8981 and the Rules of Court.
Section 23. Reissuance of Revoked Certificate of Registration, Replacement
of Lost or Damaged Certificate of Registration, Professional Identification Card or
Temporary/Special Permit - The Board may, upon a verified petition, reinstate or
reissue a revoked certificate of registration after two (2) years from the effectivity of
the period for revocation, which is the date of surrender of the certificate and/or the
professional identification card if still valid to the Board and/or the Commission. The
petitioner shall prove to the Board that one has valid reason/s to practice anew the
profession. In the granting of the petition, the Board shall issue a Board resolution,
subject to approval by the Commissioiy
A certificate of registration, professional identification card or
temporary/special permit that has been declared lost may be reissued in accordance
with the rules thereon and upon payment of the prescribed fees.
Section 24. Nonpayment of the Annual Registration Fees. - The Board shall
suspend a registered criminologist from the practice of the profession whether in
government service, or have used the license as eligibility equivalent for promotion in
government service, or in the private sector, for nonpayment of the registration fees
for two (2) consecutive registration periods from the last or previous year of payment.
Other surcharges shall be determined and charged by the Commission.
Page 46
Section 25. Renewal of Professional Identification Card. - The professional

identification card shall be renewed only upon the completion of the prescribed
minimum units of the CPD program by the registrant from the APO or any accredited
provider authorized by the Commission.
Section 26. Vested Rights; Automatic Registration. - All criminologists
registered at the effectivity of this Act shall automatically be registered hereunder,
subject to the provisions herein set forth as to future requirements. Certificates of
registration and professional identification cards or temporary/ special permits held by
such persons in good standing at such effectivity date shall have the same force and
effect as though they were issued on or after the said effectivity.
ARTICLE IV
PRACTICE OF CRIMINOLOGY
Section 27. Lawful Practitioners of Criminology. - The following persons shall
be authorized to practice the criminology profession:
(a) Natural persons:
(1) Duly registered criminologists and holders of valid certificates of
registration and valid professional identification cards issued by the Board and the
Commission pursuant to this Act; and
(2) Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.
(b) Juridical persons:
(1) Single proprietorship whose owner and technical staff are registered
criminologists;
(2) Partnership duly registered with the Securities and Exchange Commission
(SEC) as professional partnership pursuant to the Civil Code and composed of
partners majority of whom are registered criminologists;
(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and
(4) Association and cooperative duly registered with the appropriate
government agency as a non-stock corporation where majority of the officers, Board
of Trustees and members are registered criminologists.
These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.
Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be
exclusively and legitimately used by the practitioners of the criminology profession
which shall be distributed by the Board through the APO.
Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take the
licensure examination for criminologists, register, receive ones certificate of
registration and professional identification card, and practice criminology in the
Philippines unless the requirements for the licensure examination and/or registration
and practice of criminology imposed under the laws and regulations in the foreign
country/state are substantially the same as those required and contemplated by the
Philippine laws and regulations, and unless the foreign laws and regulations allow
Philippine citizens to practice criminology within the territory of the foreign
country/state on the same basis and grant the same privileges as those enjoyed by
the citizens, subjects or nationals thereof.
Section 30. Practice Through Temporary/Special Permit. - Temporary/Special
permit may be issued by the Board subject to the approval by the Commission and
payment of fees the latter has prescribed and charged thereof to the following:
(a) Registered criminologists from foreign countries/states whose services are
rendered either for free or for a fee:
(1) If they are internationally known criminologists or experts in any branch,
specialty or allied field of criminology; and
(2) If their services are urgently and importantly required for lack or
inadequacy of available local specialists or experts; or for the promotion or
advancement of the practice of criminology through transfer of technology;
Page 47
(b) Registered criminologists from foreign countries/states whose services

shall be free and limited to indigent patients in a particular hospital, center or clinic;
and
(c) Registered criminologists from foreign countries/states employed as
exchange professors in a branch, specialty or allied field of criminology, in schools,
colleges or universities offering the course of criminology.
The permit shall, among other things, contain these limitations and conditions
for a period of not more than one (1) year subject to renewal: the branch or specialty
of criminology and the specific place of practice such as clinic, hospital, center,
school, college or university offering the course of criminology. The Board, subject to
the approval of the Commission, shall promulgate rules and regulations on the
implementation of this particular section.
Section 31. Indication of Numbers: Certificate of Registration, Professional
Tax Receipt and. APO Membership. - The practitioner of the criminology profession
shall be required to indicate the certificate of registration number and date of
issuance, the expiry of the current professional identification card, the professional
tax receipt number and date, and the APO membership number and date with official
receipt number and date of membership payment (annual/lifetime) on the documents
one signs, uses or issues in connection with the practice of the profession.
Section 32. Roster of Registered Criminologists. - The Board shall prepare
and maintain a roster showing the names, residence and/or office address of all
registered criminologists, which shall be updated annually in cooperation with the
APO, indicating therein the status of the certificate of registration, professional
identification card and APO membership. The roster shall be made available to any
party as may be deemed necessary.
Section 33. Integration of Registered Criminologists. - The registered
criminologists shall be integrated into one (1) national organization of criminologists
that is duly registered with the SEC. The Board, subject to the approval by the
Commission, shall accredit the organization as the one and only integrated and
accredited national organization of criminologists: Provided, That its continued
accreditation is subject to compliance with the periodic requirements and standards
set forth by the Commission.
All criminologists whose names appear in the Registry Book of Criminologists
shall ipso facto or automatically become members thereof and shall receive
therefrom, all the benefits and privileges upon payment of APO membership fees and
dues. Membership in an affiliate organization of criminologists shall not be barred.
ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS
Section 34. Privileges of Registered Criminologists. - All registered
criminologists shall be exempt from taking any other entrance or qualifying
government or civil service examinations and shall be considered civil service eligible
to the following government positions, among others: (1) Dactylographer; (2)
Ballistician; (3) Questioned Document Examiner; (4) Forensic Photographer; (5)
Polygraph Examiner; (6) Probation Officer; (7) Parole Officer; (8) Special Investigator;
(9) Special Agent; (10) Investigative Agent; (11) Intelligence Agent; (12) Law
Enforcement Evaluation Officer; (13) National Police Commission (NAPOLCOM)
Inspector; (14) Traffic Operation Officer; (15) Associate Graft Investigation Officer;
(16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19) Security
Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer; (23)
Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail Superintendent;
(26) Police Officer up to the rank of Police Superintendent and other law enforcement
agencies, and agencies under the Criminal Justice System.
Section 35. Preference of Appointment in Government Criminal Justice and
Other Government Institutions. - Registered criminologists shall enjoy priority of
appointment and shall not be required to take any qualifying or entrance
examinations in the PNP, the NBI, the BJMP, the BFP, the Land Transportation
Office (LTO) and other government positions related to criminology, police and law
enforcement work, investigations and security, corrections and public safety of the
following bureaus, departments, institutions or agencies of the government: the
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Department of Justice (DOJ); the Commission on Human Rights (CHR); the Office of
the Ombudsman; the Philippine Ports Authority (PPA); the Commission on Elections
(COMELEC); the Bureau of Treasury (BoT); the Philippine Amusement and Gaming
Corporation (PAGCOR); the Department of Environment and Natural Resources
(DENR); the Department of Tourism (DOT); the Department of Trade and Industry
(DTI); the Armed Forces of the Philippines (AFP); the Bureau of Immigration (BI); the
BoC; the Department of Transportation (DOTr); the Air Transportation Office (ATO);
the Civil Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED;
the City/Municipal Security Office; the Provincial Jail; the Provincial Security Office;
the Metro Manila Development Authority (MMDA); the Supreme Court and lower
courts; the Security Consultation; the Social Security System; the NAPOLCOM; the
Autonomous Region in Muslim Mindanao (ARMM); the Optical Media Board; the
Intellectual Property Rights Office; the PDEA; the Public Attorney's Office (PAO); the
PPC; government-owned and -controlled corporations and other government
agencies with positions involving the practice of criminology.1âwphi1
Section 36. Lateral Entry of Registered Criminologists. - Registered
criminologists who are not in the government service shall be eligible and given
preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or its
equivalent in the PDEA, NBI, and other law enforcement agencies: Provided, That
they possess the general qualifications for appointment as provided in the existing
laws on appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or
NBI: Provided, further, That those who are already in the police, fire, and jail service
as non-commissioned officers and who are already registered and licensed
criminologists shall be given preference for lateral entry.
Section 37. Penal Clause. - A fine of not less than One hundred thousand
pesos (₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or
imprisonment for not less than two (2) years and one (1) day nor more than six (6)
years, or both, at the discretion of the court shall be imposed upon any person who
shall commit any of the following acts:
(a) Practicing criminology without valid certificate of registration and a valid
professional identification card or a valid temporary/special permit;
(b) Attempting to use the seal, certificate of registration and professional
identification card of a registered criminologist or temporary/special permit issued to a
foreign criminologist;
(c) Abetting the illegal practice of criminology by an unregistered or
unauthorized person;
(d) Securing through false information or fraudulent means certificate of
registration and professional identification card or temporary/special permit;
(e) Impersonating a registered criminologist or a holder of a temporary/special
permit; and
(f) Violating any provision of this Act or the IRR thereof. Where the violator is a
juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.
Section 38. Enforcement. - In carrying out the provisions of this Act, the Board
shall be assisted by the Commission, the APO, duly constituted government agencies
and authorities and private organizations in the industry.
Section 39. Appropriations. - The Chairperson of the PRC shall immediately
include in the Commission's programs the implementation of this Act, the funding of
which shall be included in the annual General Appropriations Act.
Section 40. Transitory Provision. - The incumbent Board shall, in an interim
capacity, continue to operate or function by carrying out the provisions of this Act
without need of new appointments of the Chairperson and members thereof until the
first Board created under this Act shall have been constituted or organized pursuant
thereto.
Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90)
days from the effectivity of this Act, the Board, subject to approval by the
Commission, and in coordination with the APO, shall prescribe, promulgate and issue
a Board Resolution on the IRR cf this Act and which shall be effective fifteen (15)
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days after its publication in the Official Gazette or in any newspaper of general
circulation.
Section 42. Separability Clause. - If any provision, section or part of this Act
shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate
or impair any other provisions, sections or parts hereof.
Section 43. Repealing Clause. - Republic Act No. 6506, otherwise known as
"An Act Creating the Board of Examiners for Criminologists in the Philippines and for
Other Purposes", is hereby repealed. All other laws. Republic Acts, decrees, orders,
letters of instruction, rules and regulations or other issuances, and parts thereof
inconsistent with the provisions of this Act are likewise repealed or modified
accordingly.
Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in any newspaper of general circulation.
Approved,
GLORIA MACAPAGAL-ARROYO VICENTE C. SOTTO III
Speaker of the House of Representatives President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill No. 452 on
March 12, 2018, and was adopted by the House of Representatives as an amendment to
House Bill No. 7191 on September 11, 2018
DANTE ROBERTO P. MALIN MYRA MARIE D. VILLARICA
Acting Secretary General Secretary of the Senate
House of Representatives
Approved: November 8, 2018

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines
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Activity # 1
Make a summary comparison between the Classical Criminology and
the Positivist Criminology following the below descriptions: Each correct entry
corresponds to 1 point. All in all it will be a total of 12 points.
Classical Criminology Positivist Criminology

Method or Approach
used in the study of
criminology
Leading/Founding
Personality
Focus of the study
Views on how crime is
defined
Purpose of Punishment
Their respective
contribution to the
Philippine Criminal Law
Activity # 2
Give short descriptions on the contributions made by the
following personality in the field of Criminology Study: (5 points each)
1. Cesare Beccaria:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
2. Jeremy Bentham:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
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3. Franz Joseph Gall:

___________________________________________________________
___________________________________________________________
___________________________________________________________.
4. Giambatista de la Porta:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
5. Ernst Kretschmer:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
6. Earnest Hooton:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
7. Cesare Lombroso:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
8. Rafaelle Garofalo:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
9. Enrico Ferri:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
10. Richard Dugdage:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
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11. Henry Goddard:

___________________________________________________________
___________________________________________________________
___________________________________________________________.
12. Emile Durkheim:

___________________________________________________________
___________________________________________________________
___________________________________________________________.
13. Gabriel Tarde:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
14. Edwin Sutherland:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
15. Sigmund Freud:
___________________________________________________________
___________________________________________________________
___________________________________________________________.
Activity # 3
1. What are the six (6) categories of subjects in the Licensure Examinations
and their respective coverage?
2. List at least 12 possible job opportunities for a registered criminologist:
3. What are the privileges of the Registered Criminologist in terms of:
a. Employment or appointment; and
b. Promotion and Lateral Entry.
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LESSON 3. Sociology of Law: the Criminal Law & its

Historical Development
Introduction
Sociology of Law is the first division of the study of criminology which focus on
the study of how laws are created as a form of social control and the condition that
the law creates in the society. In the book of Mathieu Deflem (2008) sociology of law
is defined as-- ― the sociological study of law and law-related phenomena, whereby
law is typically conceived as the whole of legal norms in society as well as the
practices and institutions that are associated with those norms.‖ Initially falls under
the multi-discipline of law and sociology. Later some sociologists look at it as a
special field of sociology although it is also look upon by jurist as an important field of
law and jurisprudence.
In the Philippines, the laws are generally created through legislative enactment. The
power to create law is lodged in the bicameral congress which may originate from
either houses (House of Representatives and House of Senate). The 1987 Philippine
Constitution provides for the system of legislation. Laws can initiated by members of
the congress or by individuals or group and submit their proposal to the proper
committee of either the House of Representative or House of Senate. The committee
assigned with the area of concerns has the power to call for a hearing in aid of
legislation where representative from the different sectors of the society who may
directly or indirectly have interest or concern will be invited in order to discuss the
proposal. Once the committee is convince of the legitimate purpose of the proposal it
will then be submitted as either House Bill # or A senate Bill # which will be
deliberated for 3 hearing on each houses. Normally the most tedious part is the 1st
and the second hearing, the 3rd hearing is usually devoted for the finality and voting
by the members as to their yeas (yes) or neas (no). Once approved by both houses
it will then recommended by the heads of both houses to the Office of the President
for approval. The President may either approved or veto the enrolled bill but such
must be done within 30 days. Once the president signed or approved the enrolled bill
that is the time it becomes a law. But once the president veto the said enrolled bill
and returned it to the congress, the congress by over-rulled the president‘s veto
power if the 2/3 votes of the both houses was obtained it will still become a law. If the
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president did not act upon it within the period of 30 days it will automatically become
a law by default.
Before we discuss the Introduction to Criminal Law, let us first identify the
objectives of this lesson, which you should bare in mind as we proceed.
1. To learn the nature of law in general and its classifications;
2. To explain the nature of criminal law and its fundamental principles;
3. To familiarize and distinguish the theories underlying the principles of
criminal law; and
4. To discover and appreciate the historical development of criminal law and
its influence to the Philippine criminal law.
Lesson Contents:
What is a Law?
Law in general is defined as an ordinance of reason, promulgated for the common
good by one who has charge of a society. It may also be defined as a rule of conduct
promulgated by the duly constituted authority for the common observance and common
good. Based on this definition of what a law is the following characteristics may be adduced:
1. It is an ordinance;
A law is an active and authoritative ordering or directing of human acts
in reference to an end to be attained by them. It simply means that one of the
purposes of a law is to set rules and regulations with force in order to direct
human acts accordingly.
2. It is an ordinance of reason;
A law is not just a set of rules and regulations, such rules and
regulations have undergone a series of studies, discussions, and debates
between and among members of the society who has the knowledge and
expertise in relation to the specific subject of legislation. It is not an arbitrary
or whimsical decree of the legislator‘s will. It must be something that is just,
honest, possible of fulfillment, useful, and reasonable.
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3. It is promulgated
Laws must properly be published made known to those bound by it
especially in the case of criminal law where publication is a pre-requisite for its
enforceability. Under the civil code, laws shall take effect 15 days after its
publication in either the official gazette or in the newspaper of general
circulation unless otherwise specified by law (as amended by E.O. 200).
4. It is for the common good.
One of the paramount considerations of law is for the common good.
Laws should not be legislated for a specific group of people as a general rule.
This is based on the Latin maxim ―salus pupoli est suprema lex‖ which means
in English ―The welfare of the general public is the supreme law‖.
5. It is promulgated in a society
Law is created in a society in the same way that it is for the benefits of
the people and the society, thus law must definitely be promulgated in a
society.
6. It is promulgated by one who has charged of a society
In the Philippines, the general power to create the law is lodge in the
legislative branch of the government (the Congress). Although the president
has the power to issue executive fiat such as Executive Orders, and Local
Chief Executives through the sanggunian may establish ordinances.
General Classification of laws:

I. According to their immediate author:
a. Divine laws = directly come from God e.g. Ten Commandments.
b. Human Laws = those enacted by Church (Ecclesiastical laws) and by the
State (Civil laws).
II. According to Duration
a. Temporal e.g. human laws
b. Eternal e.g. God‘s plan and providence for the universe.
III. According to manner of promulgation:
a. Natural law = that which directs creatures to their end in accordance with their
nature (for those of irrational creature it is called physical laws).
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b. Positive law = laws enacted by positive act of a legislator. (e.g. Ten

commandments is divine positive law while laws by church or state are human
positive law.)
IV. According to as they prescribe an act or forbid it:
a. Affirmative = laws that binds always but not at every moment. It is a law that
creates an obligation or duty to individuals. Such as the duty to pay taxes to
the government.
b. Negative (Prohibitory) = laws that forbid certain acts such as laws that
provides for penalty for the acts of killing, stealing, and others. .
V. According to the effect of their violation:
a. Moral = violation of which is fault or sin.
b. Penal =violation of which renders the violator liable to an established penalty.
c. Mixed = involves both fault and penalty.
Theories of Criminal Law

The table below is a summary distinction between the two known theories of
criminal law which later on combined and became the basis of the Philippine
Criminal law settings:
Classical Theory Positivist Theory
Man have free will (Rationale The sum totality of social, economic and
Being) natural factors.
Purpose of Punishment is Prevention and Correction are the

retribution purposes of penalty
There is scant regard to human This theory is exemplified in the

element. provisions regarding impossible crimes
RPC is generally governed by this. and habitual delinquency.
Eclectic or Mixed Theory

= combination of positivist and classical thinking wherein crimes that are
economic and social in nature should be dealt in a positive manner, thus, the
law is more compassionate.
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I. Definition of Criminal law

CRIMINAL LAW or PENAL LAW is that branch of public or municipal law which
defines crimes, treats of their nature and provides for their punishment.
I. CHARACTERISTICS OF CRIMINAL LAW

1) It is general in application/ GENERALITY:
The provisions of the criminal or penal law must be applied equally to all
persons within the territory regardless of sex, race, nationality and other
personal circumstances, with the following exceptions:
a. Treaty Stipulation
b. Public International Law
c. Law on Preferential Application
2) It is territorial in character/ TERRITORIALITY:
Criminal law shall be enforceable within the Philippine Archipelago:
a) Philippine archipelago – all the islands that comprise the Philippines
b) Atmosphere water – all bodies of water that connect all the islands such as
bays, rivers and streams
c) Maritime zone – the twelve (12) Nautical Mile limit beyond our shore
measured at low tide
EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED
PENAL CODE:
The Revised Penal Code shall be applicable to all cases committed
outside the Philippine territorial jurisdiction under the following
circumstances:
a) should commit an offense while on Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the Philippine Island
or obligations and securities issued by the government of the Philippines;
c) while being a public officer or employee, should commit an offense in the
exercise of their functions‘
d) should commit any of the crimes against national security and law of nations
3) It is prospective or irretrospectivity /PROSPECTIVITY:
No person may be punished for his act when at the time he committed the act,
it is still not yet punishable by law.
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EXCEPTION: (a) When the law so provide; and (b) when the new law if
favorable to the accused who is NOT habitual delinquent.
4) It is specific and definite.
Criminal law must give a strict definition of a specific act which constitutes an
offense. Where there is doubt as to whether a definition embodied in the Revised
Penal Code applies to the accused or not, the judge is obligated to decide the case
in favor of the accused. Criminal law must be construed liberally in favor of the
accused and strictly against the state.
5) It is uniform in application.
An act described as a crime is a crime no matter who committed it. No
exceptions must be made as to the criminal liability. The definition of crimes
together with the corresponding punishment must be uniformly construed.
6) it must be a penal sanction or punishment.
Penal sanction is the most essential part of the definition of the crime. If there
is no penalty to a prohibited act, its enforcement will almost be impossible. The
penalty is acting as deterrence and as a measure of self-defense of the state to
protect society from the threat and wrong inflicted by the criminal.
II. Sources of Criminal Laws

1. Revised Penal Code (RPC) (otherwise known as Act No. 3815). It is the
codifications of the various criminal laws in the Philippines which was basically
derived from the Spanish Penal Code, revised under the American Colonization, that
is why it is called ―the Revised Penal Code‖. It was signed into law on December 8,
1930 and took effect only on January 1, 1932.
It is consist of two books. The books 1 which consists of five titles that sets
the foundation of criminal law and the Book 2, consisting of fifteen titles which
provides for the specific felonies classified according to their titles. In summary, the
following are the titles of the Revised Penal Code:
BOOK 1
 Title 1 – Felonies and Circumstances which affect criminal liability (Arts. 3 to 15)
 Title 2 – Persons criminally liable for felonies (Arts. 16 to 20)
 Title 3 - P E N A L T I E S (Arts. 21 to 88)
 Title 4 – Extinction of Criminal Liability ( Arts. 89 – 99)
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 Title 5 – Civil Liability (Arts. 100- 113)

BOOK 2
 Title 1 – Crimes against National Security & Law of Nation (Art 114-
123)
 Title 2 – Crimes Against Fundamental Law of the State (Art 124- 133)
 Title 3 – Crimes Against Public Order (Art 134 -
 Title 4 – Crimes Against Public Interest
 Title 5 – Crimes Related to Opium……
 Title 6 – Crimes Against Public Moral
 Title 7 – Crimes Committed by Public Officer
 Title 8 – Crimes Against Person (Art 246 – 266-(A-D)
 Title 9 – Crimes Against personal Liberty & Security (Art 267 -
 Title 10 – Crimes Against Property (Art 293 – Art 332)
 Title 11 – Crimes Against Chastity (Art 333 -
 Title 12 – Crimes Against Civil Status
 Title 13 – Crimes Against Honor
 Title 14 – Quasi Offenses (Art 365)
 Title 15 – Final Provisions (Art 366-367)
2. Special Penal Laws – laws enacted by the Congress in its exercise of
legislative powers such as BP, Act No., Comm Acts, R.A. and those created by
virtue of an executive fiat like P.D. and E.O.
Examples:
R.A. 7610 – Special Protection Against Child Abuse, Exploitation and
Discrimination Act.
P.D. 1612- Anti- Fencing law.
BP 22- Bouncing Check law.
Comm. Act 616 – Anti Espionage law
3. Local Ordinances – City, Provincial and Municipal Ordinance which
provides for punishment for violation of their provisions.
III. EVOLUTION OF CRIMINAL LAWS

A) PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
Punishment may be in the form of ostracism and expulsion. Adultery
may be punished by the aggrieved husband who may kill the adulterer and his
own offending wife. Crime may be avenged by the victim himself or by the
victim‘s family.
B) THE EARLY CODES
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SUMERIAN CODE
Crafted during the time of King Dongi, A code made from clay tablet which is said to
have been created 100 years prior to the Code of Hammurabi. This code did not
survived the passage of time and was not been recovered.
1) CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the eighteenth century BC, is
recognized as the first codifier of laws
- It provides the first comprehensive view of the laws in the early days
- The Code was carved in stone
- The “law of talion” or lex taliones principle, or the principle of “tit for tat”,
(an eye for an eye, tooth for a tooth) appears throughout the Code
- Under the principle of the law of talion, the punishment should be the same as
the harm inflicted on the victim
Highlights of the Code of Hammurabi:
a) compensation to the victim of a robbery by the authorities of the city in which
the robbery occurred if the thief was not caught
b) the killer is answerable not to the family of the victim but to the king
c) death was the penalty for robbery, theft, false witness, building a house that
falls on its owner
(if the house should collapse and kill the owner‘s son, the son of the builder
would be the one executed)
d) a son who struck his father would suffer the amputation of a hand
e) if in an assault a victim‘s bone was broken, the same bone of the assailant
would be broken
2) THE HITTITES
- the Hittites existed about two centuries after Hammurabi and eventually
conquered Babylon
Highlights of the laws of the Hittites:
- capital punishment was used for many offenses, except for homicide or
robbery
- rape, sexual intercourse with animals, defiance of the authority and sorcery
were all punishable by death
- the law of homicide provided for the restitution to the victim‘s heirs
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- law enforcement and judicial functions were placed in the hands of

commanders of military garrisons
3. Deuteronomy or the MOSAIC CODE

Deuteronomy is the fifth book in the bible which contains the basis of the
Jewish laws. Deuteronomy is believed to have been made by Moses. It is in a form
of covenant which starts with the Ten (1) Commandments then later became a
statutes and ordinances.
The first five (5) books of the Old Testament is what collectively known to be
the Mosaic Code or the Laws of Moses. This was considered to be the foundation
of the law system throughout the western world. (Roth, 2005)
4. The GREEK CODES
4.1.) CODE OF DRAKON
- knows as the “ultimate in severity‖
- codified by Drakon, the Athenian lawgiver of the seventh century BC
Highlights of the Code of Drakon:
- death was the punishment for almost every offense
- murderers might avoid execution by going into exile; if they return to Athens, it
was not a crime to kill them
- death penalty was administered with great brutality
4.2) LAWS OF SOLON
- Solon was appointed archon and was given legislative powers
- Solon repealed all the laws of the Code of Drakon, except the law on
homicide
- Solon was one of the first to see that a lawgiver had to make laws that applied
equally to all citizens and also saw that the law of punishment had to maintain
proportionality to the crimes committed
Highlights of the Laws of Solon:
- the thief was required to return stolen property and pay the victim a sum equal
to twice its value
- for the crime of temple robbery, the penalty was death
- for rape of a woman, the penalty was a fine of certain amount
5) ROME’S TWELVE TABLES
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- Roman law began with the Twelve Tables which were written in the middle of
the sixth century BC
- the Twelve Tables were the foundation of all laws in Rome and written in tablets
of bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men composed of
patricians
Highlights of the Twelve Tables:
- if a man break another‘s limb and does not compensate the injury, he shall be
liable to retaliation
- a person who committed arson of a house or a stack of corn shall be burned
alive
- judges who accepted bribes as well as those who bribed them were subject to
execution
- any act of treason was punishable by crucifixion.
6. LEX SALICA
It refers to the legal customs of the ancient Germanic tribes of the
middle ages. This law provides for schedule of monetary compensation for
wrongdoings which they called “the botes”. The value of monetary compensation
for human life based on his status in life referred to asWergild or Wergeld.
7. Laws of ISLAM
KORAN is the holy book of the Muslim which is said to be of divine origin as it
was given to them by Allah through the prophet Mohammed.
8. The Bloody Code
This is an unofficial name whichrefers to the England‘s system of laws and
punishment during the 1688 and 1815.
Two known written codes in the Pre-Spanish Era in the Philippines was:
a. Maragtas Code (1250 AD)Datu Sumakwel of Panay.
b. Kalantiaw Code (1433 AD) (Datu Kalantiaw)
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Activity # 1
I. Briefly discuss how a bill is passed in to a law (10%)
II. Enumerate the elements of a law in general: (10%)
III. What are the Characteristics of Criminal law and briefly explain (10%)
IV. Described the following laws: ( 2 % each)
a. Code of Summerian
b. Code of Hammurabi
c. Law of the Hittites
d. Dracon Code
e. Solon Code
f. Mosaic law
g. The twelve Tablets of Rome
h. Lex Salica
i. Code of Kalantiaw
j. The Revised Penal Code
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LESSON # 4: Crimes: Its nature and classification
Introduction
Crime is a normal part of a society according to Emil Durkheim, the father of
modern sociology. This is true in as much as human differences exist there will be
conflict, there will be misunderstanding and ultimately there will be crime. There is
no society that is totally free from crime. In order for a crime to exist, there must be a
law which provides for its punishment and someone violates said law. Though crime
is generally look at as something that I wrong towards the end of this lesson we will
realize that the existence of crime also creates a positive impact to the society and
the people. Sometimes, the existence of crime or even war to a greater extent
creates a new beginning; it serves as enlightenment to people thus, pushing them to
change for the better.
Criminologist believes that for a crime to be committed there must be the
concurrence of the three basic elements namely: desire, opportunity, and capability.
At the end of this lesson, you are expected to learn crimes following the
herein objectives:
1. to know and explain the concept and nature of crime based on the legal
and criminological sense;
2. to be able to distinguish the various classification of crimes according to
their different categories;
3. to explain the effects of crime in the society and somehow its positive effect
to the people and society; and
4. to understand and discuss the various legal classification of a crime.
Lesson Contents:
A. Triangle of Crime
To criminologist and sociologist, for a crime to exist, it requires the
concurrence of two basic elements: (1) desire and (2) opportunity. This
concept has been modified with the addition of the third element which is
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capabilities. Thus, now for a crime to exists, desire, opportunity and

capabilities must be present. (See below illustration).
CRIME
Desire = what a person wanting or longing
to commit a crime.
Figure 3. Triangle of Crime
The above illustration, obviously is based on the criminological and

sociological point of view which is more of an obvious explanation as to when
crime exist in a society. Desire is placed at the base part of the triangle to
signify that it is the moving factor that pushes a man to commit a crime. It is
very simple that for normal individual, a person acts for a certain reason and
that reason is the force that motivates an offender. A determined criminal will
not stop until he accomplishes his goal. Opportunity is essential for without
the physical chance, a person who has a desire may not be able to pursue his
goal. Capabilities is something new, this could have been the result of the
changes in our society. Man who does not know and incapable of doing
specific performances may not be able to accomplish it even with desire and
opportunity will permit. With the advent of cyber-crimes, capabilities play a
very important role, and this is brought by globalization. Technologist and
strategies that are made available in advance country may be brought to the
third world country and be taken as an advantage on committing crimes which
actually happened.
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In the legal sense, Crime is an act or omission in violation of a public

law forbidding or commanding it. Crime exist when there is a law which either
prohibits an act or a law which requires the performance of certain duty yet
there was an omission and certain punishment is provided for their violation.
Based on the above legal definition of a crime, we can safely list down the
elements of a crime namely: (1) it is either an act or an omission, and (2) the
act or omission must be punishable by law. In addition to this two basic
requirement, legally speaking for a crime to be punishable it must be
committed or omitted by: (1) person of intelligence and (2) it must be done by
the offender voluntarily and freely.
A. Concept of Crime:
There are three common concepts of crime as viewed by criminologist
and they are:
1. Consensus View
This view looks upon crimes as behaviors that are considered
wrong by all elements or stack holders of the society whether poor or rich.
They believe crimes are those acts which are really repugnant and deserves
to be classificed as outlawed and should be criminalized. As the word
consensus , implies that there is an agreement, meeting of minds between
and among the members of the society to label a certain behaviour as a
crime.
2. Conflict View
Those criminologist who are politically inclined and aware of the
social crisis, that there is an existing division in the society between the rich
and poor, the capitalist and the labourer or workers and those who are in the
upper strata and powerful make used of their advantages in order to use the
law and the criminal justice system, and they dictate what acts or behaviour
should be classified as crime and which are not.
3. Interactionist view
According to this view, there is no objective reality. The contents of the
criminal law and the definition of what crimes are subjective to the eyes of the
evaluators, crimes and criminal laws may be change at any moment
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depending on the voting public, their views and belief. One act may be a
crime in one country but may be found not by another country. Just like in the
case of used of drugs. There are substance which are considered dangerous
but regulated in other countries, yet it is totally banned in another country. It
may depend on the moral standards and belief causing changes in the legal
standards.
Classification of Crimes:
We have two ways of classifying crimes in general. One is based on
legal classification and the other is based on criminological classification. Let
us first discuss the legal classification of a crime.
A. Legal Classification of Crimes

The following classification of crimes are based on the legal sense
following the Criminal law of the country as derived from the Revised Penal
Code and Special Penal laws enforceable in the Philippines.
I. According to the laws violated
CRIME CRIMINAL LAW
Felony In violation of Revised Penal Code. (Act 3815) e.g. Murder,
Theft, Robbery, Adultery, Arbitrary Detention, etc.
Offense In violation of Special Penal Laws (C.A, BP, R.A., P.D.,
E.O.) e.g. Child Abuse, Bouncing Check, Illegal possession
of F/A,etc.
Infraction In violation of City, Municipal or Provincial Ordinances
Littering, Loitering (curfew), etc.
Misdemeanor = refers to a minor or petty crime.
II. Classes of Crimes according to Nature of the offense

1. Crime Mala in Se (Bad in itself) = Acts that are outlawed because they
violate basic moral values such as rape, murder, assault and robbery.
2. Crime Mala Prohibita (Bad for there is a law prohibiting it)= acts that
are outlawed because they clash with current norms and public opinion, such
as tax, traffic and drug laws.
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III. According to the manner by which crimes are committed:

1. by means of dolo or deceit = this is also called intentional felony
such as theft, homicide, rape, etc.
Elements of dolo or deceit: (a) Freedom of action, (b) Intelligence or
mental capacity of the offender to know and understand his act and its
possible consequences, and (c) Intent.
2. by means of culpa or fault = also known as culpable felony or quasi
offenses such as reckless imprudence resulting in either homicide or
physical injuries or damage to property and others.
Elements of fault or culpa: (a) Freedom of action, (b) intelligence, and
(c) negligence or imprudence.
ELEMENTS OF A FELONY
Intentional (Dolo/Deceit) Non-intentional (Culpa/Fault)
1. Intelligence 1. Intelligence
2. Freedom 2. Freedom
3. Intent 3. Negligence/Imprudence
Note: Dolo or deceit differ from culpa or fault only in one
element and that is the last element of dolo is intent against
negligence in fault or culpa.
IV. as to the stages in the commission of crimes:

1. consummated crime – when all the elements necessary for its
execution and accomplishment are present. For example, Mr. X with intent to
kill stab Mr Y with a knife causing the latter‘s death. This is clear example of
consummated homicide for the intention was accomplished.
2. frustrated crime – when the offender has performed all the acts of
execution which will produce the felony as a consequence but which
nevertheless do not produce it, by reason of causes independent of the will of
the perpetrator. For instance, in the above example if Mr. Y did not die due to
timely medical intervention but he incurs serious or moral wound, the crime
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will be frustrated homicide. Provided the cause of the non-accomplishment is

due to other cause independent of the will of the perpetrator.
3. attempted crime - when the offender commences the commission of
a crime 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. Again from the above example if Mr. Y
did not die but he only incurs slight or less serious injuries or the wound is not
mortal, the crime would only be attempted homicide. Another example if Mr.
X with intent to kill fired a gun towards Mr. Y but missed, and Mr. Y run away.
The crime is only attempted homicide.
Note: to be able to determine the existence of attempted or frustrated crime it is

important that the intention of the offender to commit a specific crime must be
established or proved. Otherwise, it might fall on other crimes.
V. according to plurality:
1. simple crime – single act constituting only one offense. A good example of
this is if Mr. A has the intent to gain, took the wallet of B without b knowing it.
The crime is only theft for there is only one crime committed.
2. complex crime – single act constituting two or more grave felonies or when
one crime is a necessary means for committing the other. In criminal law
proper, this complex crime can be subdivided into two namely: (1) compound
crime and (2) complex crime proper. An example of compound crime is If Mr.
X has intent to kill throw a grenade or placed a bomb inside a mall causing
death of several people and serious injuries, Mr. X can be charged for multiple
murder and multiple serious physical injuries. On the other hand a good
example of complex crime proper is when Mr. X has an intent to gain, stolen
the check of his board mate, forged the signature and was able to encashed
the check. Mr. X can be charged for –theft through forgery. Theft for his intent
is to gain but to be able to accomplished his intention, he has to forged the
signature of his board mate and that is an act of forgery.
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VI. according to gravity:

1. grave felonies – those to which the law attaches the capital
punishment or afflictive penalties. Examples are robbery, homicide,
murder, and rape
2. less grave felonies – those to which the law attaches correctional
penalties. Examples are acts of lasciviousness, attempted homicide,
and less serious Physical injuries.
3. light felonies – those to which the law attaches the penalty of arresto
menor or a fine not exceeding P200.00 like oral defamation, slight
physical injury and theft of small value.
VII. Crimes According to their titles under the Book two of the Revised
Penal Code:
Title 1 – Crimes against National Security & Law of Nation
Title 2 – Crimes Against Fundamental Law of the State
Title 3 – Crimes Against Public Order
Title 4 – Crimes Against Public Interest
Title 5 – Crimes Related to Opium……
Title 6 – Crimes Against Public Moral
Title 7 – Crimes Committed by Public Officer
Title 8 – Crimes Against Person
Title 9 – Crimes Against personal Liberty & Security
Title 10 – Crimes Against Property
Title 11 – Crimes Against Chastity
Title 12 – Crimes Against Civil Status
Title 13 – Crimes Against Honor
Title 14 – Quasi Offenses
B. CRIMINOLOGICAL CLASSIFICATION OF CRIMES
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The following classification of crimes are based on the criminological

sense, thus these classification may be the same with other countries in the
world in as much as they are based on their general sense:
Crime Typology = refers to the type of a particular crime category,
such as the following:
1. Violent crime = where violence was used in its commission.
2. Economic crime = committed to bring financial gain to the offender;
3. Public order crime or victimless crime = are unlawful acts that
interferes the operation of society and the ability of people to function
efficiently. It is called ―victimless‖, because there is no complaining
victim e.g. prostitution, gambling, drug addiction, alcoholism, etc.
I. According to the result of the crime:

1. acquisitive crime – the offender acquires something as a result of the
criminal act or omission, e.g. robbery, theft, estafa and tax evasion.
2. extinctive crime – the consequence of the act is destructive of either
life or property such as homicide, murder, parricide, arson and malicious
mischief.
II. According to the time or period of the commission of the crime:

1. seasonal crime – committed only during a certain period of the year
such as the case of tax evasion which has a definite period for
compliance.
2. situational crime – committed only when the situation is conducive to
its commission such as cases of theft or acts of lasciviousness during
rush hour in public transportations such as bus and train.
III. According to the length of time of the commission of the crime:

1. instant crime – committed in the shortest possible time. Those crimes
in which the result can be accomplished immediately such as killing a
person by means of gun shot through the forehead.
2. episoidal crime – committed by a series of acts in a lengthy space of
time. Crimes such as kidnapping and forcible abduction is a very good
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example of episoidal crimes for it takes days or even months that these
crimes may continue to occur.
IV. According to the place or location:

1) static crime – committed in only one place. As long as the
commencement of one crime and its completion happens only in one place
such is considered a static crime.
2) continuing crime – committed in several places. Crimes such as
kidnapping, abduction or crimes committed while boarding a transport
vehicles such as bus, jeep, taxi or even in the case of cargo vessels and
aircraft in which crimes commence and are accomplished in the course of the
voyage or flight.
V. According to the use of mental faculties:

1.) rational crime – committed with intent and the offender is in full
possession of his sanity.
2) irrational crime – committed by an offender who does not know the
nature and quality of his act on account of the disease of the mind e.g. as
a crime committed by an insane person who suffer mental illness.
VI. According to the type of offender:

1) white-collar crime – committed by a person belonging to the upper socio-
economic class in the course of his occupational activities e.g. graft and
corruption, plunder, smugglings and others.
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2) blue-collar crime – committed by ordinary professional criminal to

maintain his livelihood. Cases of shoplifting committed by people due to
lack of financial capacity to provide their family with the means for survival.
VII. Other types of crimes

There are crimes which are known in other countries but may not be
recognize in other countries or even terms or words used to described them are not
the same such as the following crimes:
Bias crimes = violent acts directed toward a particular person or members of

a group merely because the targets share a discernible racial, ethnic, religious or
gender characteristics. Also called hate crimes. Hate crimes acts of violence or
intimidation designed to terrorize or frighten people considered undesirable because
of their race, religion, ethnic origin, or sexual orientation.
Cleared crimes = two ways by which crimes are cleared: (1) when at least
one person is arrested, charged, and turned over to the court for prosecution, (2) by
exception means, when some element beyond police control precludes the physical
arrest of an offender e.g. when he/she leaves the country.
Corporate crimes = white collar crime involving a legal violation by corporate
entity, such as price fixing, restraint of trade, or hazardous waste dumping.
Crime of reduction = crimes that are committed when the offended party
experiences a loss of some quality relative to his her present standing such as when
they become victims of robbery or theft, but they may also be victimized if their
dignity is stripped from them when they are taunted by racists.
Crimes of repression = crimes that are committed when members of a group
are prevented from achieving their fullest potential because of racism, sexism, or
some status bias.
Cyber crime = the commission of criminal acts using the instruments of
modern technology such as computers or the internet.
Economic crime = an act in violation of the criminal law that is designed to
bring financial gain to the offender.
Enterprise crime = the use of illegal tactics by a business to make profit in
the market place.
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Expressive crime = a crime that has no purpose except to accomplish the

behavior t hand such as shooting someone.
Inchoate crimes = Incomplete or contemplated crimes such as criminal
solicitation or criminal attempts.
Mission hate crimes = violent crimes committed by disturbed individuals who
see it as their duty to rid the world of evil.
Organizational crimes = crimes that involves large corporations and their
efforts to control the market place and earn huge profits through unlawful bidding,
unfair advertising, monopolistic practices, or other illegal means.
Organized crimes = illegal activities of people and organizations whose
acknowledged purpose is profit through illegitimate business enterprise.
Public Order crimes = acts that are considered illegal because they threaten
general well-being of society and challenge its accepted moral principles.
Prostitution, drug use, and the sale of pornography are considered public order
crimes.
Reactive hate crime = perpetrators believe they are taking a defensive stand
against outsiders who they believe threaten their community or way of life.
Retaliatory hate crime = offense committed in response to a hate crime, real
or perceived.
Statutory crimes = crimes defined by legislative bodies in response to
changing social conditions, public opinion, and custom.
Trill-seeking hate crime = Hatemongers who join forces to have fun by
bashing minorities or destroying property; inflicting pain on others give a sadistic
thrill.
Victimless crimes = crimes that violate the moral order but in which there is
no actual victim or target. In these crimes which include drug abuse and sex
offenses, it is society as a whole and not an individual who is considered the victim.
Other Classification of Crimes:

I. Crime of Rape
a. acquaintance rape = forcible sex in which offender and the victim are
acquainted with one another.
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b. aggravated rape = rape involving multiple offenders, weapons and victim

injuries.
c. date rape = forcible sex during the courting relationship.
d. gang rape = forcible sex involving multiple attacker.
e. marital rape = forcible sex between people who are legally married to each
other.
f. serial rape =multiple rapes committed by one person over time.
g. statutory rape = sexual relations between an underage minor female and an
adult male.
II. Crime of killing

a. Homicide = the killing of human being by another.
b. Parricide = the act of killing one‘s own father, mother, spouse or child.
c. Infanticide = killing of an infant less than 3 days old.
d. Sororicide = killing one‘s own sister.
e. Fratricide = killing of one‘s own brother
f. Matricide = killing of a mother by her own child.
g. Patricide = killing of a father by his own child.
h. Uxoricide = act of one who murders his wife.
i. Eldercide = the murder of a senior citizen.
j. Abortion (aborticide) = an act of destroying (killing) a fetus in the womb.
k. Suicide = taking one‘s own life voluntarily and intentionally.
l. Regicide = the killing or murder or a king.
m. Vaticide = the killing of a prophet.
n. Euthanasia = mercy killing or the act or practice of painlessly putting to death
a person‘s suffering from incurable and distressing disease.
o. Involuntary manslaughter = a homicide that occurs as a result of acts that
are negligent and without regard for the harm they may cause others, such
as driving while under the influence of liquor or drugs. (also known as
negligent manslaughter)
p. Voluntary manslaughter = a homicide committed in the heat of passion or
during a sudden quarrel; although intent may be present, malice is not.
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q. Mass murder = the killing of a large number of people in a single incident by

an offender who typically does not seek concealment or escape.
r. Murder = the unlawful killing of a human being with malicious intent.
s. Serial murder = the killing of a large number of people over time by an
offender who seeks to escape detection.
III. Crimes against Property

a. Acquaintance robbery = robbery who focus their thefts on people they know.
b. Arson = the intentional or negligent burning of a home, structure, or vehicle
for criminal purposes such as profit, revenge, fraud, or crime concealment.
c. Arson for profit = people looking to collect insurance money, but who are
afraid or unafraid to set the fire themselves, hire professional arsonist.
d. Arson fraud = a business owner burns his or her property, or hires someone
to do it, to escape financial problems.
e. Burglary = breaking into and entering a home or structure for the purpose of
committing a felony.
f. Carjacking = theft of a car by force or threat of force.
g. Churning = a white collar crime in which a stockbroker makes repeated
trades to fraudulently increase his/her commission.
h. Commercial theft = business theft that is part of the criminal law; without
such laws the free enterprise system could not exists.
i. Grand Larceny = theft of money or property of substantial values, punished
as a felony.
j. Larceny = taking for one‘s own use the property of another, by means other
than force or threats on the victim or forcibly breaking into a person‘s home or
workplace; theft.
k. Petit (petty) larceny = theft of a small amount of money or property,
punished as a misdemeanor.
l. Pilferage = theft by employees through stealth or deception.
m. Robbery = taking or attempting to take something of value by force or threat
of force and/or by putting the victim in fear.
Why must members of society be interested in crime?
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1. Crime is pervasive – Almost all members of a free society are once upon a
time a victim or an offender of a criminal act. Crime as an associate of society
affects almost all people regardless of age, sex, race, nationality, religion,
financial condition, education and other personal circumstances.
2. Crime is expensive – The government and private sector spend an enormous
amount of money for crime detection, prosecution, correction and prevention.
3. Crime is destructive – Many lives have been lost because of crimes like
murder, homicide and other violent deaths. Properties have been lost or
destroyed on account of robbery, theft and arson.
4. Crime is reflective – Crime rate or incidence in a given locality is reflective of
the effectiveness of the social defences employed by the people – primarily
the crime prevention drive of the police system.
5. Crime is progressive – The marked increase in the volume of crime is on
account of the ever increasing population. The ever increasing rate and their
technique show the state of thinking of the society and its advancement.
Advantages of the existence of crime

 It promotes solidarity of the people – This refers to group vengeance because
criminal acts are treated as transgression of the norms of the whole society in
general.
 It prevents morality from going to the extremes – Penal Laws are the safety
measure of our morality.
 It is notification of maladjustment – Whenever a person violates criminal law is
a confirmation that his action is not within the accepted custom in a society.
Crime Statistics
As criminologist, it is necessary to collect data relatives for crime such as but
not limited to the kinds of crime being committed, their volume or total number of
occurrences, the time and place they were committed, the circumstances under
which they were committed and the effect of certain social policy and social trends
on the rate of their occurrences. All these forms part of the so called ―crime
statistics‖ Crime Statistics helps criminal jurist in developing policies for crime
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control in their respective area of jurisdictions depending on the result of crime

statistical data.
The primary source of date on crime is the Government agencies in charge of
law enforcement. In the case of the Philippines, Crime statistics is primarily
dependent on the National Crime Reporting System which is the compilation of all
reported crimes to the National Police Commission through the crime Prevention and
Coordination Service which measures crime through the report of the Philippine
National Police and other law enforcement agencies.
But we all know that not all crimes are being reported. There are many crimes
in which the victim do not report either due to fear, shame or not at all interested.
Sometimes, people only reports when the crime results to sufficient loss or injury.
That is why National Crime victimization Survey was developed in order to gather
data from crime victims who are not reporting to the police in this way crimes which
are not reported may be included for the study. Although its weakness is that it relies
on the victims‘ memory and honesty and their competence to divulge appropriate
information.
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Activity # 1
Differentiate the following and give an example:

1. Crime, felony, and offense;
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
2. Intentional from unintentional felonies;

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
3. Mala in se from mala prohibita;

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
4. Grave, Less grave, and light felonies; and

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
5. Attempted, frustrated and consummated crime.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
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II. List the Fourteen Classification of Crimes according to their titles and give at
least 2 examples for each title:
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LESSON 5: CRIMINALS: IT’S CONCEPT

AND CLASSIFICATIONS
Introduction:
Crime will not exist without a criminal obviously, thus the classifications of
crimes may have some similarities with some categories of criminal. Criminal has
varied definition depending on what view point. Just like in this lesson you will learn
that there are two definitions of a criminal once from the legal point of view which is
the one generally accepted notion and the other is the criminological point of view.
Many times the used of the word criminal is being abuse by people especially to
those who have no background about criminology or law. To layman, once a person
violates a law or he committed an act which is against the rule to which a penalty is
imposed he or she is considered a criminal. We often hear some people saying to
his or her neighbour – criminal ka!, and usually it is followed with the expression –
walang hiya ka!, hayop! Makulong ka sana! This lesson will give you a better
understanding of what or when a person can be considered a criminal and what are
their classifications.
Again before we go to the lesson proper let us have a list of what you
suppose to learn from this lesson, and they are:
1. to know and differentiate the concept of a criminal under the criminological
point of view and under the legal point of view; and
2. to be able to identify the different types of criminal and how they are being
classified;
Lesson Contents:
The concept of being criminal may differ from the criminological and
legal point of view but what makes them somehow the same is that a person who
commits a crime is normally called a criminal only that in the legal point of view
applying the principle of due process model of criminal justice system, it is only after
a person is found guilty by a competent court and by final judgment of conviction that
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the accused is considered truly a criminal. In a more generic sense, we often used
the term offender or violators for those who have committed a violation of laws. What
makes a different somehow is that we have a generic term and yet we have a lot of
specific terms and legal terms which somehow creates confusion to the learners.
The different terminologist used to address an offender as he enters the criminal
justice system will be discuss on a separate subject which is the introduction to
criminal justice system which you will take on the next semester. For now, let us
focus on the use of the term criminal.
Definition of Criminal
In the criminological sense, a person is already considered a criminal the
moment he committed a crime. Therefore, to the eyes of a criminologist the moment
a person actually committing a crime or has committed a crime he can be branded
as a criminal. The only requirement here is that a person commits a crime as to the
concept of whether he is guilty of not of doing so is beyond consideration or that is
another issue.
On the other hand, in the legal sense, a criminal is any person who has been
found to have committed a wrongful act in the course of the standard judicial
process; there must be a final verdict of his guilt. This is very true to those country
which uses the ―Due Process model‖ of criminal justice system. The basis of this
concept is no less the 1987 Philippine Constitution under its bill of right (Article 3,
Sec 1 and sec. 14)
GENERAL CLASSIFICATION OF CRIMINALS

A. On the basis of etiology:
1.) acute criminals – persons who violate criminal law because of the impulse of
the moment, fit of passion or anger.
Example:
a. A man who still money in order to buy medicine for his sick child.
b. A man who stab another person with a knife after knowing that
said man is the one responsible for killing his father.
2.) chronic criminals – persons who acted in consonance with deliberated
thinking, such as:
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2.1) neurotic criminals – persons whose actions arise from the intra-
psychic conflict between the social and anti-social components of his
personality.
Examples:
a. a person who became addicted to gambling commits estafa to
people around him in order to sustain his vice of going into casino.
b. a person who steal others property even if it is not of use to
him.
2.2) normal criminals – persons whose psychic organization resembles

that of a normal individual except that he identifies himself with criminal
prototype.
Example:
B) On the basis of behavioral system:

1) ordinary criminals – the lowest form of criminal career; they engage only
in conventional crimes which require limited skill.
Example. Those commit shop lifting for the first time.
2) organized criminals – these criminals have a high degree of organization
that enables them to commit crimes without being detected and committed
to specialized activities which can be operated in large scale businesses.
Examples: a. those involved in drug cartel
b. those groups involved in large scale human trafficking.
3) professional criminals – these are highly skilled and able to obtain
considerable amount of money without being detected because of
organization and contact with other professional criminals.
Examples: a. Professional swindlers.
b. Officials involved in graft and corruptions
C. ) On the basis of activities:

1.) professional criminals – those who earn their living through criminal
activities.
Examples: a. individuals who are skilled in cyber crime activities.
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b. those involved in smugglings and enterprise crimes.

2.) accidental criminals – those who commit criminal acts as a result of
unanticipated circumstances.
Example: a. a person who mingles with the wrong persons later get
involved in crime commission.
3.) habitual criminals – those who continue to commit criminal acts for such
diverse reasons due to deficiency of intelligence and lack of control.
Example: a. repeatedly involved in estafa cases due to immoral habits like
gambling and prostitution.
4) situational criminals – those who are actually not criminals but get in
trouble with legal authorities because they commit crimes intermixed with
legitimate economic activities.
Example: a. those who get involved in prostitution whenever a need
arises.
b. those who commit stealing due to calamity.
D. Other Criminal types
Career criminals = a person who repeatedly violates law and organizes his
or her neighbours.
Professional criminals = offenders who make a significant portion of their
income for crime.
Professional fence = an individual who earns his or her living solely by
buying and retailing stolen merchandise.
Reasoning criminal = According to the rational choice approach, law-
violating behavior occurs when an offender decides to risk breaking the law after
considering both personal factors such as need for money, revenge, thrills and
entertainment and situational factors such as how well a target is protected and the
efficiency of the local police force.
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Activity # 1
I. Define Criminal based on the following points of view: ( 5 points

each)
1. Criminological sense:
___________________________________________________________
___________________________________________________________
___________________________________________.
2. Legal sense:
___________________________________________________________
___________________________________________________________
___________________________________________.
II. Distinguished the following:( 10 pts. each)
1. Ordinary Criminal from Professional Criminal and Organized Criminal:
2. Acute Criminal from Chronic Criminal
3. Neurotic Criminal from Normal Criminal
4. Accidental Criminal from Situational Criminal
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LESSON 6 – PENOLOGY
Introduction
Penology in its etymology is derived from the Latin word ―poena‖ which means
penalty and ―logia‖ which means study. So, literally penology deals with study of
penalty. Some are asking about the difference between punishment and penalty.
The distinction lies on the usage of the word. Punishment and Penalty are actually
synonymous. In our law the difference lies on the fact that Punishment is a generic
terms which according to Oxford Dictionary, means the infliction or imposition of
a penalty as retribution for an offence while Penalty is more of the legal term which
means the suffering that is inflicted to a person who was found guilty for
transgressing the law.
Essentially, penology is more than that, it is the study of penalty as a means
to control crimes and prevention of juvenile delinquency through treatment or
rehabilitation of offenders. According to Britanica Encyclopedia, Penology or Penal
Science is the division of criminology that concerns itself with the philosophy and
practice of society in its efforts to repress criminal activities. The study of penalty
evolves just like the criminal law for it is the very essential element of what a criminal
law is. That is why it is also called the penal law. Since the ancient time up to the
present, criminologist, jurist, penologist, social workers, psychologist and other
professionals are brainstorming and experimenting on the different ways of handling
criminal offenders to the extent that they are bringing the
Offenders back to the community or even not to put them behind bars due to
economic and political issues such as over congestion in the penitentiary, vast
expenses being shouldered by the government in maintaining correctional
institutions.
From the retributive justice to Restorative justice and now community justice
are being introduced. What could have been the best would somehow depends on
the nature of the crime and the criminal himself. But we know for a fact that with the
current situations of our correctional institutions somehow instead of corrections,
they are educated and trained to become more professional criminals. But since we
are now in the 21st century where human rights are becoming more persistent and
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evolving our system from the concept of punishing to treatment and rehabilitation.
We are not sure if we are really deterring crimes generally or specifically.
This lesson aim at giving the learners basic view of the concept of punishment
as a form of social control. Specifically, the learners should:
1. Identify the different models of penology;
2. Recognize the different principles of punishment/penalty; and
3. Enumerate and describe the various forms of punishment from the ancient
to the modern penology system.
Brief History of Punishment:

The history of punishment dates back since the ancient time, even bible
provides for certain punishment for the sins that man committed against the divine
law. But this chapter would focus on punishment with respect to violation of the
penal or criminal law. When a person is found guilty for the crime charged against
him the society has the right to punish or correct his behaviour.
I. 15th Century down to the ancient time
Punishment during the 15th century down to the ancient time is characterized
as immediate and so severe including some sort of torturing as part of the system of
investigation and trial. This is due to the concept of Crime Control model of Justice
System where an offender is presumed guilty and it is his duty to prove his
innocence and once he failed he or she will automatically put to execution of
punishment. There is a very fast phasing of prosecution, adjudication, sentencing
and punishing and the nature of punishment is severe such as mutilation (cutting),
banishment, branding (scarred with hot iron), flogging, and death. Punishment
somehow does not matched with the crime.
II. The Discovery of the New world
The concept of putting a convict to execution was changed in view of
transportation as a mode of punishment. This system of punishment is found to be
more economical and with political concerns. Those convicted offenders will be
transported overseas to colonies making it less expense to the government and in
the end would rather profit the govern for convicts will be transport as workers,
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slaves and the manufacturers will pay for their services. Transportation System
lasted up to the mid of 18th century until the American revolution caused the
stoppage of transportation of prisoners to North America, although as far as I
Australia, new Zealand and African colonies continue to accept transported convict.
III. The Reforming Correctional Punishment ―Age of Reformation‖
William Penn (1644-1718), the founder of the state of Pennsylvania,
advocates the shift of punishment to incarceration in a prison and/or jails and
towards the end of the 17th century caused the amendments of the Pennsylvania‘s
penal code prohibiting tortures, mutilation, physical punishment, and death. The 18th
century on the other hand was considered as the most brutal ages for punishing
criminals for it is the transition and combination of the old and new system where
Flogging was the most popular method of corporal punishment. Hanging is publicly
done just like a scenario in a carnival where the phrase ‗gala day‖ was originated
from the word gallaome.
Although 18 century has been so brutal in terms of punishing criminal
offenders, The later part of 18th century was considered as the ―Age of
Enlightenment‖ In 1790, Walnut Street jail was built in Philadelphia, using the
system called solitary confinement where prisoner is isolated and does not have to
work. But the system became problematic when the number of prisoners increased
causing overcrowding thus; one cell later caters more than one prisoner.
In 1773, John Howard wrote a book entitled ―The state of the prisons in
England and Wales‘ makes him known as one of the greatest prisoner reformer with
the following basic principles on the Penitentiary Act: (1) Aboltion of Jailer‘s fee; (2)
Regular Inspection of prisoners; (3) provisions of clean facility; and (4) emphasis of
reforming inmates.
IV. The Rise of the Prison (18th - 19TH Century)
In early 19th century incarceration began to replace the physical form of
punishment and in 1816 the Auburn prison was established known for tier system
later as congregate system of prison. For prisoners eat and worked in groups.
Prisoners a classified into three, one is for solitary confinement due to violation of
prison rules, the second group allowed to work in occasional basis, and the Third
group which is the largest group are the ones that work together during day time and
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went only to seclusion or solitary at night time. Auburn system is based on the
philosophy of crime prevention through fear of punishment and solitary confinement.
Pennsylvania took a radical step towards the establishment of its prison with
pure ―Solitary Confinement‖ or ―Separate System‖ in 1818. There is no classification
of prisoners for each prisoner is in seclusion for the purpose of preventing them from
influencing or contaminating one another. The philosophy behind the solitary
confinement was greatly influence by religious philosophy that prisons are place for
penance so that they can reflect on themselves and ponder upon their crime.
The Pennsylvania System and Auburn System as the two rival prison in
United States of America. This was later followed by Elmira Reformatory (1876)
which is considered as the forerunner of Modern Penology. It established a link
between the community-based program and penal institution. It was open to house
youth aged 16 to 30 year old who are first time offender and it focus not on
punishment but rather Rehabilitation through Skills Training and Academic
Education. (Age of Rehabilitation)
Now, there have been more changes in the system of punishing convicted
offenders from the age of Reformation, to the Age of Rehabilitation and the age of
Reintegration which is becoming popular throughout the globe due to the increasing
problem of overcrowding prison and economic or fund allocation. The US
government at present is conducting new experiment which they called Community
Justice looking forward to placing convicted offenders in the community subject to
certain rules and regulation and a system of monitoring in order to solve the problem
of funding national penitentiary. (2019, Asian Criminology Society Summit, held in
Cebu)
Models of Penology:
1. Retributive Justice Model
This model is discuss under the classical school of thoughts, but prior
to the classical school of thoughts, the Code of Hammurabi is one of the best
evidence of this concept of penology following the principle of ―lex taliones‖ , oculo
pro oculo, dente pro dente or eye for an eye and tooth for a tooth. In a simple sense,
it is the principle having a punishment as a retaliation for the crime committed.
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Examples, under the law on child, once a child said to his foster parents thou are not
my father or mother, his tongue will be cut. The severity of the punishment is based
on the nature of the crime itself that what is considered a simple equivalent of the
criminal act should be the punishment.
Philosophical basis of Retribution Model
a. Proportionality – that the fact that crimes can be categorized in the order of
their gravity, the penalty should also be set in standard proportion to the degree of
seriousness of the offense.
b. Jus Desert – those who commit a violation of the law deserves to be
punished. And that the nature of the punishment should be the one that is deserved
by the offender.
c. Equity – we must see to it that people who commit the same offense should
be treated with in the same manner in terms of their exact punishment.
d. Reciprocity – Reciprocity simply means that we look upon the punishment
as a normal reaction of the society in order to ensure social order and for the
members of the society feel satisfied for the kind of punishment give to the offender.
e. Retribution – that there is a fair and just punishment as viewed by the
offender who has shown remorse or acceptance of guilt.
2. Utilitarian Model. The Utilitarian principle was developed by the no less than
Jeremy Bentham which in terms of punishment focuses on the principle of crime
prevention through the use of punishment that would create both specific and
general deterrence to the offender and the people in the society. As members of
society we have a social contract that the society sets the rules for people to follow
or obey and in return the society has the obligation to provide service and protection
to the people, their lives and their properties.
Specific deterrence is focus on individual deterrence meaning it is
concentrated to the offender himself by placing offender behind bar subject to close
supervision and be given such punishment for him to reflect upon himself and be
able to realize that he has done something wrong and that is why he is being
punished. Towards the end he must realize that committing crime will not do
anything good for him, thus he would stop committing same offense. The principle
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for which Jeremy Bentham designed the Panopticon (from the word ―opticon‖ which
means ―all seeing‖) is actually based on specific deterrence.
General deterrence on the other hand focus on the societal deterrence that
punishment is given to those committed a crime in order to set an examples for
others no to commit the same crime. In short, this is the principle of deterrence not
directly address to the offenders but to the people in the society or those would be
offender to think first before they act and better not to try doing it if it is prohibited by
the law. Thus, penal sanction should be divulge to the people in the society to that
they will generally be prevented of pursing a crime.
3. Restoratve Model. The Principle behind Restorative model is quite broader than
the Utilitarian model in as much as restorative model requires the maximum
participation and cooperation of the members of the society in order to maintain the
harmony and order between and among members or stake holders.
As the name implies to restore means to bring back the balance and order in
the society by giving punishment that would have an effect to the offender, the victim
and the society at large. In juvenile justice system, this is the prevailing model
adopted by R.A. 9344 as amended by R.A. 10630. That for first offender involving
not so grave offense, instead of going to the usual system of trial and punishing,
efforts are made to bring the people involved and settle thing within the level of the
barangay, with an end in mind that the offender be corrected and to realize that he
has done something wrong for which he should seek for forgiveness from the people
he offended, the society where he belongs and lastly to himself. So that things will go
back to their proper place, that he can go back to the mainstream of the society and
be able to mingle harmoniously.
Principles of Punishment:
1. Retribution. This principle of punishments rooted from the Classical
Criminologist Cesare Beccaria that the penalty for the crime should be proportion to
the crime committed. The proportionality of the penalty imposed to the crime is
usually described by the term Jus Desert.
2. Deterrence. Another principle of punishment that is rooted from the
classical and Utilitarian Philosophy which looks upon punishment as a way to
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prevent further commission of crime by imposing penalty to the guilty person so that
he may realize the gravity of his offense and to serve as his lesson (specific
deterrence) and for the other members of the society not to commit the same
offense (general deterrence).
3. Isolation. Putting a convict behind bars or penal institution would most
likely prevent him from committing again another or same offense. To be separated
from the society.
4. Incapacitation. Incapacitation and isolation have something in common
and that is their purpose is to prevent future crime by removing the defendant from
society such as by incarceration or house arrest. But Incapacitation may go further
for it may include the concept of execution pursuant to the death penalty.
5. Rehabilitation (the individual himself) and Reformation (The individual with
others) The principles of rehabilitation is a product positivist group who looks upon
crime as a result of psychological or behavioral problems that they need help, they
need to be treated or cure of such illness. This includes the programs of educational,
vocational programs, treatment center placement just like what is being done with
some drug offenders who were hook already by the use of drugs, and counseling or
faith-based programs in order to correct them and prevent future crime by altering a
defendant‘s behavior. This was the dominant model of modern correctional system
which aim at helping the offenders to become a better person and return to the
community as a law abiding citizen ho an love harmoniously with other members of
the society.
6. Restoration. When a person commits a crime, he did not just offend the victim, he
offended also the relatives, the community and himself. Thus, one of the purposes of
punishment is for him to realize those consequences of what he has done so that in
the end he we should learn to strive hard in obtaining forgiveness from the victim, the
society and from himself. This is one of the principles under the Restorative Justice.
7. Restitution. This is the principle of punishment focus on the restoring from
financial or economic harm on the part of the offender party. In Criminal law this is
more of the concept of fine and civil awards for damages or injuries including the
cost of the proceeding.
Kinds of Punishments:
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1. Corporal Punishments. It is a form of physical punishment that involves inflicting

of pain as purpose of discipline and reforming the wrong doer. Corporal punishment
for crimes includes flogging, branding and even mutilation which was practised in
most civilizations during the ancient time.
Branding – human branding or stigmatizing. This is done using hot metal with
certain design, symbols or mark burning the skin of a living person.
Flogging – The medieval punishment done by whipping (Latin Flagellum,
means ―whip‖) using rods, switches, and the cat-o-nine tails.
Mutilation – the process of cutting the organ or part of the body of the
offender. This is typical punishment under the principle of ‖lex taliones‖.
Pillory – wooden or metal frame with three (3) holes for the arms and head,
that clamps the offender while stood in public.
Banishment and Exile – Punishment by transportation and forced labor.
2. Capital punishment, (The word Capital came from Latin
word capitalis from caput, "head", in this context alluded to execution by beheading)
also known as the death penalty, is a government-sanctioned practice whereby a
person is put to death by the state as a punishment for a crime. This type of penalty
has been subject to so many political and social debates world-wide. European
Union (EU), Article 2 of the Charter of Fundamental Rights of the European
Union prohibits the use of capital punishment. The United Nations General
Assembly has adopted non-binding resolutions calling for a global moratorium on
executions, with a view to eventual abolition. But take not this is only binding to those
country who are signatory to this international protocol. Until now there are countries
still using death penalty as the highest form of penalty impossible under their penal
code such as China, U.S., India, South Korea, Japan, Saudi Arabia, and Taiwan to
mention some.
Current methods of Judicial Execution
Method Description
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One of the most common methods of execution, still in use in many

countries, usually with a calculated drop to cause neck fracture and
instant loss of consciousness. Notably used
by India, Japan, Singapore, Pakistan and Iran.
Hanging This is never legally adopted in the Phillipines. Although under
the Duterte Administration Senator Emmanuel Pacquio sponsor
a bill to return the death penalty for heinous crimes and use
hanging as means of execution. Although it did not pass the
house of representative.
Also a very common method. Can be applied:
 By a single shot (such as a shot to the back of a head, as
in China, Belarus and by various means in Russia before Russia
abolished capital punishment. Similar process in Taiwan in which
prisoners are sedated beforehand.)
 By a single machine gun, as previously practiced
in Thailand and elsewhere.
 By firing squad (as in Indonesia, and sometimes used in the
Shooting Philippines during the Spanish colonization and it was re
adopted during the time of the Late President Ferdinand E.
Marcos in the year 1976 . The case of Lim Seng (drug
trafficking), whose execution on January 15, 1973, was also
ordered broadcast on national television. Later death penalty
as was abolished under the 1987 Constitution)
 By excessively powerful weaponry such as anti-aircraft guns,
according to various media sources (CNN, Fox News, The
Independent, etc.), practiced in North Korea.
First used in the United States in 1982, lethal injection has been used
by five other countries since then, which are China, Taiwan, Thailand,
Guatemala, and Vietnam. It was later adopted in the Philippines
Lethal for heinous crime pursuant to R.A. 7659 imposing death penalty
injection on heinous crime (Dec. 13, 1993) , and R.A. 8177 designating the
use of Lethal Injection as a form of legal execution (March 20,
1996). In February 5, 1999, Leo Echegary was first death convict
executed thru Lethal Injection.
Only the United States and the Philippines have ever used this
method. Now legal in some U.S. states only to replace injection at the
request of the prisoner or if injection is impractical. In the
Philippines, Electricution was used during the type of the later
President Ferdinand E. Marcos. A notorious triple execution
Electrocution
took place in May 1972, when Jaime José, Basilio Pineda, and
Edgardo Aquino were electrocuted for the 1967 abduction
and gang-rape of young actress Maggie dela Riva. until it was
replaced by Firing Squad in 1976, including drug trafficking as
one of the crimes punishable by death.
Only the United States and Lithuania have ever used this as a capital
Gas
punishment method. Now legal in some U.S. states only to replace
inhalation
injection at the request of the prisoner or if injection is impractical. In
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the Philippines Gas chamber was encourage during the time of

President Fidel V. Ramos and later introduced the use of Lethal
Injection. But was abolish in 2006 by former president Gloria
Macapagal Arroyo by virtue of R.A. 9346.
Has been used at various points in history in many countries. One of
Beheading the most famous forms is execution by guillotine. Now used only
in Saudi Arabia with a sword.
Ancient Methods
Method Description
 Crushing by elephant.[4]
 Devouring by animals, as in damnatio ad bestias (i.e.,
as in the cliché, "being thrown to the lions"), as well as
by alligators, crocodiles, piranhas and sharks.
 Bites by snakes (e.g. the "Snake pit" of Germanic
legend).[dubious – discuss]
Animals  Tearing apart by horses (e.g., in medieval Europe
and Imperial China, with four horses; or "quartering",
with four horses, as in The Song of Roland and Child
Owlet), variant with tearing apart by camels was
sometimes used in the Middle East.
 Trampling by horses (example: Al-Musta'sim, the
last Abbasid Caliph in Baghdad).
A Mongolian method of execution that avoided the spilling
of blood on the ground[5] (example: the Mongolian
Back-breaking
leader Jamukha was probably executed this way in
1206).[6]
Blowing from a gun Tied to the mouth of a cannon, which is then fired.
Cutting the skin of the victim by the spine, breaking the

ribs so they resembled blood-stained wings, and pulling
Blood Eagle
the lungs out through the wounds in the victim's back.
Possibly used by the Vikings.
This penalty was carried out using a large cauldron filled

Boiling to death
with water, oil, tar, tallow, or even molten lead.
Pushed inside an iron bull statue and then cooked alive

Brazen bull
after a fire is lit under it.
Also known as the Catherine wheel, after a saint who was

Breaking wheel
allegedly sentenced to be executed by this method.
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Traditional punishment for Vestal virgins who had broken

Buried alive
their vows.
Most infamous as a method of execution

for heretics and witches. A slower method of applying
Burning
single pieces of burning wood was used by Native
Americans in torturing their captives to death.[7]
Roping or nailing to a wooden cross or similar apparatus

Crucifixion
(such as a tree) and allowing to perish.
By a weight, abruptly or as a slow ordeal. Giles Corey was

Crushing
killed this way.
Often employed as a preliminary stage to the actual

execution, e.g. by beheading; an integral part
Disembowelment
of seppuku (harakiri), which was sometimes used as a
form of capital punishment.
Being drawn and quartered sometimes resulted in

Dismemberment dismemberment. Note: this has been used in combination,
such as hanged, drawn and quartered.
Execution by drowning, as a method of execution, is

attested very early in history, for a large variety of cultures,
Drowning
and as the method of execution for many types of
offences.
English method of executing those found guilty of high

Drawing and quartering
treason.
The victim is thrown off a height or into a hollow (example:

the Barathron in Athens, into which the Athenian generals
condemned for their part in the battle of Arginusae were
Falling
cast).[8] In Argentina during the Dirty War, those secretly
abducted were later drugged and thrown from an airplane
into the ocean.
Flaying The skin is removed from the body.
Used most commonly in Spain and in former Spanish

Garrote colonies (e.g. the Philippines), used to strangle or choke
someone.
Gibbeting The act of gibbeting refers to the use of a gallows-type

structure from which the victim was usually placed within a
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cage which is then hung in a public location and the victim

left to die to deter other existing or potential criminals.
The confinement of a person by walling off any exits; since

they were usually kept alive through an opening, this was
Immurement more a form of imprisonment for life than of capital
punishment (example: the countess Elisabeth Báthory,
who lived for four more years after having been immured).
The penetration of a human by an object such as a stake,

Impalement pole, spear, or hook, often by complete or partial
perforation of the torso.
Keelhauling European maritime punishment.
Supposedly Marcus Licinius Crassus and Pavlo

Pavliuk were killed in this fashion. The execution method is
associated with those who were thirsty for wealth by
pouring down the neck or for those who wished to be king
Molten or Heated Metal by pouring metal on the head.
Alternately, a heated crown and scepter can be placed on

the head to make the victim to appear as a parody of a
King. In Ukrainian this is called death by slapstick [9]
Documented used during the Roman empire. The

Poena cullei condemned is stuffed into a sack together with a number
of animals and thrown into a body of water.
Before modern times, sayak (사약, 賜藥) was the method

of capital punishment of nobles (yangban) and members of
the royal family during the Joseon Dynasty in Korea due to
Poisoning the Confucianist belief that one may kill a seonbi but may
not insult him (사가살불가욕, 士可殺不可辱). Poisoning by
drinking an infusion of hemlock was used as a method of
execution in ancient Greece.
A type of machine with an axe head for a weight that slices

[10]
Pendulum closer to the victim's torso over time. (Of disputed
historicity.)
Sawing (Of disputed historicity.)
An Ancient Persian method of execution in which the

Scaphism condemned was placed in between two boats, force fed a
mixture of honey and milk, and left floating in a stagnant
pond. The victim would then suffer from severe diarrhea,
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which would attract insects that would burrow, nest, and

feed on the victim. The victim would eventually die
from septic shock.
Methodically removing portions of the body over an

extended period of time, typically with a knife, eventually
Slow slicing
resulting in death. Sometimes known as "death by a
thousand cuts."
Smothering (Asphyxia) Suffocation in ash.
Starvation / Dehydration Immurement.
The condemned is pummeled by stones thrown by a group

Stoning of people with the totality of the injuries suffered leading to
eventual death.
This has a variety of forms which includes the garrotting,

Strangulation
strangulation using wire or chain.
Suffocation  Carbon monoxide poisoning by burning coal in a

sealed room.[11]
(source: https://en.wikipedia.org/wiki/List_of_methods_of_capital_punishment. Bold
Italic text are supplemented)
3. Penalty in a form of Imprisonment and/ or Fine. Modern Penalty under the
penal code is now in a form of imprisonment and/ or fine. Depending on the nature
of the crime and the appropriate penalty provided by the law and considering the
existence of possible aggravating or mitigating circumstances.
4. Community Punishment. Such as distierro which is more of restriction of liberty.
The concept of Probation, Parole and Conditional Pardon as community based
correction program has been the treads in many countries especially for first time
offender and at the same time addressing the problem of congestion and financial
consideration in the maintenance of local and national penitentiary and jails but
subject to some monitoring system depending on the program established by certain
state.
Page 99
Activity # 1
I. Enumerate and discuss briefly the different principles of punishment. (5
% each)
II. Differentiate Retribution model from Rehabilitation/Reformation and

Restoration.
III. Are you in favour or against Death penalty as a form of punishment for
heinous crimes in the Philippines State your justification.
Page 100
Lesson 7 – Introduction to Criminalistics
Introduction
Criminalistics, formerly known as Police Sciences, is one of the core
competencies and can be considered as one of the most technical and expensive
subjects in the field of Criminology education. In fact, having sufficient knowledge
and training in any of the subjects under this would give a criminologist an edge to
be employed both in the public and private agencies and bureaus with crime
laboratory services. In the old education system in the Philippines, the Philippine
College of Criminology used to offer 2 years associate courses in Questioned
Document and Ballistics. But when the B.S. Criminology Program became
professionalized due to the enactment of R.A. 6506 creating the board of
criminology, the associate program were little by little been dissolved due to the fact
that they are also covered in the 4 years degree program and with the
professionalization of the course, many students enrolled in the associate program
transfer to the 4 years degree.
At the end of this lesson, learners are expected to:
1. understand the nature and importance of Criminalistics as one of the core
competence in the field of criminology;
2. know the various fields of study that can be used as a tool for scientific
crime detections;
4. know the various personality behind the development of Criminalistics as a
special branch of forensic science; and
3. discover another avenue for specialization that would give more
opportunities for work.
Criminalistics is actually a special branch of forensic science which focused

on the identification, collection, analysis, comparison and evaluation of physical
evidences using scientific methods and instruments in order to discover truth about
them. The application of the various field of natural sciences in the discovery of truth
Page 101
specifically in the investigation, prosecution and adjudication of cases was

advocated by no less than Dr. Hans Gross, an Australian magistrate who wrote the
book on criminal investigation and became known as the ―Father of Criminalistics‖.
The principles of Forensic Science was actually put into actual usage when a French
Criminologist in the person of Edmund Locard convinced the Police Department of
Lyon to give him a two story Attic room and an assistant to build the first ever crime
laboratory in France. Having studied medicine and law, he was able to establish the
principle ―that in every crime scene there leaves traces, traces that would lead to its
author‖. This was later called as the ―Locard Exchange Principle‖ which became the
foundation of the forensic sciences. With the development of the first ever police
laboratory, the Locard Exchange principles and other notable contributions he was
branded as the ―Sherlock Holmes of France‖ and the father of forensic science.
Criminalistics and forensic science are being used interchangeable although that is
not so accurate in as much as Criminalistics is only a branch of forensic science.
Criminalistics is also known as a profession, for those who specialize in the analysis,
comparison and evaluation of physical evidence.
The word forensic was derived from the Latin word ―forum‖ meaning ―market
place, a place where people normally gathered for purposes of public discussion.
Whenever the word forensic is attached to another field of study it usually means an
application to the administration of justice. For instances, we have chemistry as the
science which deals with the physical and chemical properties of matter and
changes that matters undergo. If we place the word forensic before the word
chemistry making it ―forensic chemistry‖, it can simply be defined as the branch of
chemistry which deals with the application of the principles of chemistry to law or
administration of justice. Note that the same can be applied to the subjects: forensic
ballistics, forensic photography, forensic medicine and others. The second word will
the branch of study and the basis of the principles to be apply to the first word which
is forensic which connotes law or administration of justice.
Criminalistics covers the following subjects: Personal Identification, Forensic
Photography, Forensic Ballistics, Forensic Chemistry and Toxicology, Questioned
Document, Forensic Medicine and Polygraphy.
Page 102
I. PERSONAL IDENTIFICATION
The subject personal identification is a very broad subject considering that
it refers to the various methods that can be used for purposes of identifying a
person based on characteristics that are unique to a particular person.
Traditionally, Professors handing this subject focus on the teaching of
Dactyloscopy which is actually only one of the methods for personal identification.
That is why in the new CMO, it is emphasize that the subject should also cover
other modes of identification from the simple to the more unique and infallible.
The reason why many instructors focus on dactyloscopy is because of the fact
that fingerprint it is one of the most reliable and unique characteristics of every
person not to mention the fact that it is most commonly and established means of
positive identification recognized universally especially in the field of law
enforcement. Dactyloscopy is derived from the Latin word ―Dactyl‖ which means
―finger‖ and ―skopien‖, meaning to examine or study. In a more realistic sense, it
is actual the practical application of the science of fingerprint classification and
identification. Although strictly speaking Dactyloscopy and Dactylography are two
distinct subject, The former (Dactyloscopy) is the science of fingerprint
classification and Identification while the later (Dactylography) is the science of
fingerprint identification. That is also why even in the NBI, there is a separate
division for Fingerprint Classification and Fingerprint Identification. Some of the
well-known personality in the field of fingerprint study are: (1) Marcelo Malpighe
who discover the two main layer of the friction skin and known as grandfather of
fingerprint; Sir William Herschel as the first person to used fingerprint for
identification as a substitute for signature in India; (3) Francis Galton as the
person who group fingerprints into three families and named the various ridge
characteristics also called as Galton‘s Details; (4) Johannes Purkenjie as the
father of dactyloscopy; (5) Dr. Henry Faulds as the first to give value to latent
prints as a means of identification; (6) Sir Edward Richard Henry as the father of
modern fingerprint for having successfully developed a system of fingerprint
classification which was accepted by almost all English speaking countries. The
Philippines adopted the so called Galton-Henry System with FBI modification and
extension as our system of classification. Which from the original nine (9) types of
fingerprint patterns, it was reduced to eight (8) standard types of fingerprint
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patterns namely: Plain arch, Tented arch, Radial loop, Ulnar loop, Plain whorl,
Central pocket loop whorl, Double loop whorl and Accidental whorl.
But as I said, the subject personal identification is broad; it includes basic
and scientific means of identification. Although we should focus on the scientific
approaches like Anthropometry, Cartographic or Artist Sketch, Forensic
Odontology, Forensic Anthropology, Blood grouping and blood typing, DNA
fingerprinting and others. The person accredited as Father of personal
identification is Alphonse Bertillon who established the first scientific method of
criminal identification using Anthropometry supplemented by Photography.
2. FORENSIC PHOTOGRAPHY
Photography is broadly defined as the art and science of reproducing
image by means of light action reacting on a sensitized materials with the aid of
the camera, lens, and other accessories and the mechanical, chemical and
electronic process in order to produce a positive result called Photograph.
Etymologically, the word photography was derived from the Greek word ―phos‖ or
―photos‖ meaning ―light‖ and ―grapho‖ or ―graphia‖, meaning to draw or to write.
Thus, photography can be simply defined as the process of writing or drawing
images by means of light. The word photography was actually coined by Sir
John F. W. Herschel in his letter to his friend William Henry Fox Talbot.
The subject was formerly called ―Police Photography‖ which means the
application of photography in law enforcement work also known as black and
white photography at that time. Now the subject is entitled ―Forensic
Photography‖ which is defined as the application of the principles of photography
to administration of justice through preparation of photographic evidence. The
first application of photography in the police work is for Identification and the first
police officer to used it was Alphonse Bertillon as supplementary to his
anthropometry system. This method developed by Alphonse Bertillon became
part of the standard procedures every time that a suspect was arrested and
brought to the police station. We called the process of photographing the suspect
front and sides as mugging or mug shot photography.
It is not an exaggeration to say that forensic photography is one of the
most important field of criminalistics when it comes to court presentation. As we
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all know all physical evidence requires proper photograph for identification and
presentation. Much more now that countries in the world experience the covid-19
pandemic in which court trial is allowed to be done virtually. Meeting and
sessions in congress are also being conducted by virtual and that process is a
product of digital photography. Before any pieces of evidence can be accepted by
the court, we knew that the rules of evidence set certain basic requisites for
admissibility of an evidence namely: relevancy and competency. One of the best
means to show relevance of the physical evidence is by proving its origin through
photograph. But aside from identification, photography has a variety of use such
as for preservation of evidence, For Record purposes, for communication, for
training and demonstration and one of its great used is it can extend man‘s vision
using different magnifications we can see things that naked eye may not be
sufficient to decipher. The used of Artificial light such as x-ray, ultra-violet, infra-
red makes us discover things that are beyond our vision. Not to mention the fact
that it provides us lasting memories and entertainment. Many advancement
makes photography more useful to man and from the black and white
photography to colored, now we have and it is acceptable in court, the digital
photography.
In crime scene photography it is a standard procedure that no physical
evidence must be removed without first having a photograph, in has been
included in the sketch and noted or recorded. Although sketch may show a
comprehensive presentation of the crime scene, still the best representation or
replica of the crime scene can best be done by photography. Questioned
Document, Forensic Ballistics, Fingerprint Examination, Forensic Chemistry and
Toxicology need the support of photography. As long as the photograph is the
faithful reproduction of the original it can be accepted in court whether it is in the
tradition or digital form. The issue as to who is the father of photography is one
controversial issue in photography. Some authors considered Luois Jacques
Mande Daguerre as the Father of photography while William Henry Fox Talbot is
the Father of modern Photography. Both successfully developed their
photographic process mid 1830‖s, their works was only published in 1839 thus,
making 1839 as the birth of photography. The works of Daguerre produced a very
good quality of photograph although he did not utilize a negative making it
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improbable to reproduced more copies of the result. The negative was used by
Talbot that makes his Calo or Talo process more complete.
3. FORENSIC BALLISTICS
Forensic Ballistics is one of the early fields of science that is used as
evidence in court even earlier than the science of fingerprint. Ballistics is
originally an applied physics for it deals with the motion of the projectile. It is also
defined as the science of firearms and ammunition. This is one of the subjects in
criminalistics that is actually more interesting for criminology students for they
enjoy guns and ammo. And some of them are even firearms enthusiast that they
used to read magazines and research over the web on the different types of
firearms and their capacity. Ballistics is originally divided into three branches
namely: internal ballistics, external ballistics and terminal
ballistics. From the moment a firearm is fired until the bullet
reach its target. Forensic Ballistics is the fourth division of
ballistics which is focus on the application of the principles of
ballistics through collection, analysis, comparison and
evaluation of ballistics‘ evidence in order to aid the court in
the administration of justice. Thus, forensic ballistics is
divided into three scopes of work and they are: (1) Field
Investigation, (2) Technical Examination, and (3) Legal
Proceeding. The filed investigation focus on the processing
the scene of firing, it entails the proper recognition,
collection, packing, tagging and preservation of ballistics
exhibits. The technical examination will be more of the Laboratory examination,
which requires the utilization of various scientific tools such as the bullet
comparison microscope, calipher, bullet recovery box to mention some. The
Legal Proceeding is that phase in the field of forensic ballistics where ballistics
evidence will be presented and for the ballistician to appear and testify as to the
result of his technical examination. The Man who is created for the acceptance of
ballistic evidence is court is no other than Col. Calvin Hooker Goddard, medical
jurist, an army officer, a scientist who gave value to Forensic ballistics. With the
help of Charles Waite, they were able to establish the first comprehensive data
Page 106
base of all known gun manufacture during his time, and contributed so much in
forensic ballistics. In 1925 we wrote an article in the Army ordnance entitled
―Forensic Ballistics‖, describing the use of comparator microscope in the
comparison of fired and test bullets. He was credited as the first to use this
scientific tool in examination of ballistics evidence which was then accepted in
court in the Sacco-Vanzetti case, Nicola Sacco and Bartolomeo Vanzetti were convicted
of a 1920 payroll robbery in South Braintree, Mass., after they attacked and killed a
paymaster and his guard. Goddard was also involved in the 1929 investigation
following the St. Valentine's Day Massacre in Chicago around the murder of
seven gangsters by men dressed in Chicago police uniforms. There is question of
whether or not the alleged gunmen were really Chicago police officer. Working as
an independent investigator, he tested the machine guns being used by the
Chicago police and concluded that they were not the gun used in the murders.
Later that year, after a raid on the home of one of Al Capone's hit men, two
machine guns were recovered. Goddard tested these weapons and proved that
they were used in the murders of the seven members of the rival Moran Gang.
"Science has shown," Goddard said, "that bullet markings are as valuable
as fingerprints." He was recognized as the Father of Forensic Ballistics.
There are numerous personality in the field of Firearms and Ammunition
development. To mentioned some: (1) Alexander John Forsyth, the father of
percussion power or the maker of the priming mixture which is the reason behind
the development of cartridge from the usual paper to gilding metal cap.; (2)
Samuel Colt as the first to patented the practical revolver and maker of the Colt
Peace Maker, a famous revolver in the history; (3) John M. Browning, wizard of
modern firearms and pioneered the breech loading single shot rifle which was
adopted by Winchester; (4) Major Uziel Gal, an Israeli army who designed the
UZI (a sub machine gun) in the year 1950; (5) Horace Smith, the founder of the
great firm Smith and Wesson who pioneered in making breech loading rifles; (6)
Michael Kalashinokov, designed the AK-47 adopted by the Russian Army in the
year 1951; and others.
Forensic Ballistics is one of the forensic sciences subjects that has gained
so much recognition. Maybe due to the fact that Forensic ballistics is almost
Page 107
always associated with sensational crimes. In the Philippines, the Case of Ninoy
Aquino- Galman Double murder case, the unsolved Pestano case and cases
involving assassinations and ambush ballistics plays an important role hand in
hand with medico-legal practitioners.
4. QUESTIONED DOCUMENT
This subject is one challenging profession to practice in as much as no
person can signed and write two signature or writings exactly alike. The
challenge is great especially when it comes to proving the authenticity of
signatures and handwritings of one who is no longer alive. It is not an
exaggeration to say that Dactyloscopy and Questioned Document Examination
are promising course in the Criminalistics for the reason that one who acquired
specialization on these two subjects may have more work opportunities in all
government agencies here and even abroad. Why? We live in a world of
documents. Documents are generally authenticated thru signatures and/or thumb
prints. Thus, government and even private company or agencies need a person
who has knowledge and skills in fingerprint and questioned document
examination.
Questioned Document Examination covers a variety of works. In as much
as document may not be just a piece of paper with writings. In fact any materials
as long as it has marks symbols or signs and it can impart message of
information can be considered a subject of document examination. Generally,
according to Albert S. Osborn, the Father of Questioned document, all questions
involving document can be group into two. The first is, Is the document genuine
of forged? and the second is, Who is the author of the said document? It is quit
easier somehow to identify whether or not a document is genuine or forged, What
is more challenging is the issue of authorship especially in cases of forgery,
falsification , alterations and others.
But aside from this two general question, (2) Identification of Handwritings,
(3) Examination of the paper and ink used or other materials that makes up a
document such as seal, (4) Examination of Typewritings and type prints which
includes those printed materials both analog and digitally made,(5) Detection of
counterfeit money, (6) Detection of Altered documents made by erasures,
Page 108
obliteration, addition, interlineation and insertion, (7) Deciphering and restoration

of illegible forms of writings such as contact writing, indented writing, invisible
writing, water-soaked document. (8) Determination of Age of document, and
others.
Document as evidence is also one that was given high regard by courts in
as much as it is the kind of evidence which is governed by Best Evidence Rule
although this rule was already renamed based on the recent amendment of the
rules on evidence as ”Original Document Rule”. This is very true especially if
we want to prove something in court which requires a documentary proof. Just
like what Albert Osborn said, ―Physical evidence do not lie, only that sometimes
man failed to interpret what the physical evidence is trying to tell us‖, In the Latin
word, ―Res ipsa loquitor‖. Documentary evidence is now defined as the –
Documentary evidence, consist of writings, recordings, photographs, or any
material containing letters, words, sounds, numbers, figures, symbols, or their
equivalent, or other models of written expression offered as proof of their
contents. Photographs include still pictures, drawings, stored images, x-ray films,
motion pictures or video.
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).
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 Phils., or of a foreign country; (b)
Documents acknowledged before a notary public except last will and
testaments; and (c) Public records, kept in the Phils., of private
documents required by law to be entered thereto.
2. Official Document
Page 109
- 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. (bears the seal or logo and authorized signature).
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.
Proof of Private Document.
Private document to be acceptable in evidence has to be proved as

regards to its due execution and authenticity either by:
(a) Anyone who saw the document executed or written; or
(b)By evidence of the genuineness of the signature or handwriting of the

maker
Exemption: Ancient Document a document that is more than 30 years

kept in a place where it is normally to be found it genuine and not
embellished by any alteration.
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.
5. Electronic Document
- refers to information or the representation of information, data,

figures, symbols or other modes of written expression, described or however
represented which is received, recorded, transmitted, stored, processed,
retrieved or produced electronically.
Page 110
5. LIE DETECTION AND INTERROGATION
Lie detection has been an objectives of not only investigators but even
ordinary people who wants to seek the truth because they believe that truth will set
them free. No less than Dr. Hans Gross, the Father of Criminalistics said, ―All
investigative and detective works are nothing but battle against lie and the ultimate
goal is ---―Search for Truth‖.
Prior to the used of scientific method, early history tells us that the ancient
method of detection deception is the so called ―Method of Ordeal‖. Ordeal is derived
from a Medieval Latin word ―Dei Indicum‖ which means ―miraculous decision‖. These
is based on the superstitious belief during the ancient time that if a person is innocent
the angels will protect him but if he is guilty he will suffer and failed from the obstacle
or trial. One of the most noted form of ordeal in England is the so called Trial by
Combat, wherein the accused had to fight or he may hire a champion who will fight
for him, If he loss or his champion loss, the he will be adjudged guilty and be put to
death. Other Methods of ordeal are the Red Hot Iron Ordeal, The ordeal of Red
water, Boiling water ordeal, Ordeal of Rice Chewing, Ordeal of the Axe, The Ash Tail
ordeal and others. What is common to these various types of ordeal is that almost
100% resulted to conviction and the execution is immediate in many cases. This was
considered as the Ancient method of crime detection.
Polygraphy is only one of the various scientific method of detecting deception.

It is defined as the scientific method of detecting deception done with the aid of a
polygraph machine. Although its machine is so accurate, the result may still have two
possible drawbacks. It may result into false positive or a false negative result. Up to
know the used of polygraph test remains unacceptable in the Philippine courts in
proving the guilt of innocence of the accused. Its usage is more on the pre-
employment purposes and employment issues. Even if this method would be
acceptable in court, there is still great challenge in its usage in as much as the
subject may refuse to undergo and there is no presumption of guilt for his/her refusal
to undergo the test. This is due to his right against self-incrimination which is
provided by no less than the Constitution under the bill of rights.
Aside from Polygraphy, other scientific methods that may be utilized for
detecting deceptions are: (1) Word association test, (2) used of Alcoholic Beverage,
(3) Administration of Truth Serum, and (4) used of Hypnotism. Each one of these
methods have their respective disadvantages that makes their application or
Page 111
administration being discourage and they may not legally be admissible to prove the
guilt of the accused.
Historically, the first scientific lie detection was conducted by Cesare

Lombroso in the year 1895 using a water filled tank, sealed with rubber membrane
and attached to a certain recording device. The device would record changes in the
pulse beat and he called this device as hydrosphygmograph machine. Lombroso is
also known as the father of scientific lie detection.
The word ―polygraphy‖ was used by Thomas Jefferson. The Polygraph

machine is actually a collaboration of different medical instrument that is designed to
detect and record various physiological responses. The first portable polygraph
machine was developed by John A. Larson in 1921 which he called ―the Bread Board
Lie Detector‖ which record simultaneously changes of blood pressure, pulse beat and
respiration. d by Leonarde Keeler (Larson‘s apprentice) in 1926 improved the
Larson‘s polygraph by adding galvanic skin resistance and a kymograph for
recording purposes. John E Reid developed his on polygraph called Reid‘s
Polygraph in 1942 but later adopted by the company after his death and named
Stoelting Polygraph machine. Now there are several brands of polygraph machine in
the market such as the Laffayete which has its polygraph machine in digital form and
the Limestone Polygraph machine with additional attachment place on the foot of the
subject.
6. Forensic Chemistry and Toxicology

This course under criminalistics is actually a very broad one for it
encompasses all physical evidence in as much as all matters have their
physical and chemical properties which can be used to distinguishes one from
the others. There are to parts of this course: (1) Forensic Chemistry and (2)
Forensic Toxicology. Forensic Chemistry deals with proper recognition,
collection and examinations of blood and seminal stains, hair and fibers, drug
analysis, restoration of serial numbers, development of moulage, arson
evidence and explosives, ink and soil analysis and others. While Forensic
Toxicology deals more on the study of poison, its classifications and their
relative effects to the victim and detection. With the advent of DNA Analysis,
this was included in under the chemistry division although in other countries it
is other the biology section.
Page 112
7. Forensic Medicine
In the old curriculum under CMO 21, s 2005, Forensic Medicine is one
of the subjects under the Criminalistics category which covers also a very
wide range of topics from identification of both living and dead person to the
study of the changes of the body after death, kinds of death and their signs,
classification of injury and wounds, conduct of post mortem examination and
autopsy, examination of drugs, and cases involving rape. Now under the
recent CMO which is CMO 5 series of 2018, the Forensic medicine is
integrated to special crime investigation.
Page 113
Activity # 1 Discuss briefly the concepts of the various fields of Criminalistics:
1. Personal Identification____________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________.
2. Forensic Photography
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________.
3. Forensic Ballistics
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________.
4. Questioned Document
______________________________________________________________
______________________________________________________________
______________________________________________________________
5. Polygraphy
______________________________________________________________
______________________________________________________________
______________________________________________________________
6. Forensic Chemistry and Toxicology
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________.
7. Forensic Medicine
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________.
Page 114
References
Fundamentals of Criminology, Atty. Gerardo V. Maglinao, (2002), Phil. College of Crim. (PCCR)
Introduction to Criminology & Psychology of Crimes, Jamilla Gay Asalan & Virgilio A. Beringa, Jr.
(2012) Hunts Publication.
Fundamentals of Criminology, Jesster P. Eduardo & Carlito R. Panganoron (2015), Wiseman’s Book
Trading , Inc.
Criminology, Larry J. Siegel (2009) tenth edition, Thomson & Wadsworth Coporation.
Criminology: The Core, sixth Edition, Larry J. Siegel, (2017) Cengage Learning,Boston, USA.
Criminal Law Book 1, Centennial Book, by Justie Luis Reyes, (2006) Rex Bookstore
Ethics,
Questioned Document, (2012) Dr. Ariel D. Manlusoc, Hunts Publications
Forensic Ballistics, (2018) Dr. Ariel D. Manlusoc, Wiseman Books Trading
https://www.britannica.com/biography/Cesare-Lombroso
https://www.britannica.com/biography/Ernst-Kretschmer
https://plato.stanford.edu/entries/bentham/
https://www.encyclopedia.com/people/social-sciences-and-law/crime-and-law-enforcement-
biographies/richard-louis-dugdale
https://www.encyclopedia.com/people/social-sciences-and-law/crime-and-law-enforcement-
biographies/richard-louis-dugdale.
https://www.intelltheory.com/kallikak.shtml
https://www.britannica.com/biography/Earnest-A-Hooton
https://www.newworldencyclopedia.org/entry/Earnest_Hooton
http://www.bbk.ac.uk/deviance/biographies/maudsley.htm
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4438&context=jclc
https://us.sagepub.com/sites/default/files/upm-binaries/70565_Daigle_Chapter_1.pdf
https://courses.lumenlearning.com/suny-criminallaw/chapter/1-5-the-purposes-of-punishment/
https://courses.lumenlearning.com/atd-bmcc-criminaljustice/chapter/section-2-5-theories-of-
punishment/
https://thelasallian.com/2017/02/05/revisiting-the-death-
penalty/#:~:text=The%20Philippines%20has%20a%20long,to%20death%20by%20the%20law.
https://en.wikipedia.org/wiki/Corporal_punishment.
Page 115

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Introduction to Criminology by: Manlusoc & Librando

Dr. Ariel D. Manlusoc,RC

Lesson 1 – Criminology: Its Nature, Concept,

First let us determine the etymology of the word criminology. Criminology is

Criminology Criminal Justice

3. Penology = is that division of criminology which deals with punishment

IV. SCOPE OF THE STUDY OF CRIMINOLOGY

The above subdivisions of subjects were based on the Criminologist

V. Crime Detection & Investigation. Consisting of Fundamental

CATEGORY 4-5 3 2 0-1

Information clearly Information clearly Information clearly Information has

No grammatical, Almost no A few grammatical Many

All paragraphs Most paragraphs Paragraphs Paragraphing

Information is very Information is Information is The information

7. Criminology changes as social condition changes. It is concomitant with the advancement

LESSON # 2 Historical Development of Criminology

The School of Thoughts

A. CLASSICAL CRIMINOLOGY (based on philosophy of Utilitarianism)

FOUNDERS OF THE CLASSICAL CRIMINOLOGY

o Italian criminologist and economist who published a book entitled

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE

“Capital punishment is inefficacious and its place should be substituted

C. POSITIVIST CRIMINOLOGY (also known as the Italian School of

2. insane criminals – those who are not criminals by birth; they

RAFFAELLE GAROFALO (1851 – 1934), Italian

ENRICO FERRI (1856-1929), an Italian criminologist,

Later, he was able to identify another somatotype which is the “dysplastic”,

WILLIAM HERBERT SHELDON (born November 19,

Figure 1. Sheldon's Group of Somatotype

HEREDITY AS A FACTOR IN CRIMINALITY

casual observers. He is being considered by many as one of the pioneers

INTELLIGENCE AS A FACTOR IN CRIMINALITY

HENRY MAUDSLEY (1835-1918), British Psychiatrist, known

EARNEST ALBERT HOOTON (1887-1954), American

Nature Theory (Henry Goddard, William Healy, Augusta Bronner) =

determines I.Q., and that low intelligence, as demonstrated by low I.Q., is

SIGMUND FREUD (1856-1939)

PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT

Fixated person = exhibit behavior traits characteristics of those encountered during

PSYCHOLOGICAL THEORIES OF CRIME CAUSATION

Albert Adler (1870- 1937) = founder of individual psychology and coined

Behavior Theory = It maintains that human actions are developed through

THE CHICAGO SCHOOL

MARXIST Criminology = economic &state crimes of the powerful economic &socio-

FEMINIST Criminology =relationship between offender and those with power to

CULTURAL Criminology = emphasizes the role of imgae, style, representation and

CRIMINOLOGY EDUCATION IN THE PHILIPPINES

Philippine College of Criminology is also the first institution authorized by the

V. Laws governing the Practice of Criminology in the Philippines

Related Commission on Higher Education Memorandum Circulars (CMO’s):

Public Safety, National Security Administration, Correctional Administration and

CHED MEMORANDUM CIRCULAR #5 SERIES OF 2018.

Through an Outcomes-based and Typology –Based QA,‖ and by virtue f the

Philippine Educators Association for Criminology Education (PEACE) = created

PROFESSIONAL CRIMINOLOGIST ASSOCIATION OF PHILIPPINES (PCAP).

Section 10. Powers, Functions, Duties and Responsibilities of the Board. -

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

Fundamentals of Criminal Investigation; Special Crime

(c) Summarily adjudged guilty for violation of the General Instruction to

Section 25. Renewal of Professional Identification Card. - The professional

(b) Registered criminologists from foreign countries/states whose services

Approved: November 8, 2018