CPCRIM2 – Introduction to Philippine Criminal Justice System

Criminal Justice System – it is defined as a machinery of the state or government which enforces
the rules of conduct necessary to protect life and property and maintain peace and order

Five Pillar of Philippine Criminal Justice System

1. Law enforcement - Particularly the Philippines National Police ( PNP) is under the
Department of Interior and Local government ( DILG ) while the National Bureau if
Investigation is under of the Department of Justice . First component and pillar of the
CJS. They are called the police, conducts arrest, search seizures, etc. The prime
mover or front liner of the CJS. (also BIR) They are the one who file complaint.
2. The Prosecution - the prosecution service is under DOJ . conducts preliminary
investigation to determine the existence of probable cause. The one who file
information
3. Court - the regular civil courts, including the Sandiganbayan and special criminal
court . It conducts trial to determine whether the accused is guilty or innocent of the
charge. The arbiter of Justice. The “cornerstone” or “centrepiece” of the CJS.
4. Corrections - the Bureau of correction is under Department of Justice while the
BJMP is under of DILG. reforms and rehabilitates the offenders. This is known as
the weakest pillar in CJS.
5. Community - molds persons from birth and reintegrates offender back to their home.
This is the core of the CJS.
Teodulo Natividad – Introduced CJS in the Philippines

Three Inter - related division of Criminology

1. The Sociology of Criminal Law – which systematically analyzes the condition under the
penal law develop and explains as well as the procedures used in a police agencies and
courts . this focus in law making
2. The Sociology of crime and the Social Psychology – which examines economic, social
and political condition that generates or prevents the commission of the crime. Focuses
on Law breaking
3. The Sociology of Punishment and Correction – systematically analyzes the procedures
and policies that aims to control crimes . this division focuses on society reaction to law
– breaking

Legal Principles regarding crime or criminal act

1. Nullum crimen nulla poena sine lege - there is no crime where no law punishing it
2. Actus non facit reum , nisi mens rea - an act does not render a man guilty of a crime
unless his mind is equally guilty

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 3. Actus me invito factus,no est meus actus – An act done by me against me is not my
act

Crime Mala en se - refers to those that are naturally criminal on the moral ground . ex. Murder
Crime mala probihita – crimes pertains to those act that have been criminalized by regulatory
purposes .Ex. Illegal Possession of Firearms and ammunition
Legislative branch - is the department of the Government defines and punishes an act

Crime - is a violation of societal rules of behaviour as interpreted and expressed by a criminal

legal code created by the people holding social and political power

What are the things that apparently constitute the crime

1. The act must be voluntary
2. It must be intentional
3. It must be committed by a legal competent person
4. The behaviour that constitutes crime can be either an act of commission or act of
omission
Felony - the crime is punished by the revised penal code
Offense – the crime is punished by special laws
Infraction of an ordinance – punished by an ordinance
Criminal Law – is defined as that branch of public law which defines crimes ,treats of their
nature provides for their punishment
Substantive Criminal law - Defines the elements that are necessary for an act to constitute a
crime and therefore punishable
Procedural Criminal Law – refers to the statute that provides procedures appropriate for the
enforcement of the substantive criminal law.
Presumption of innocence- this means that those who are accused of crimes are considered
innocence until proven guilty
Burden of Proof – in criminal cases means that the government must prove beyond reasonable
doubt
Suspect - is a known person accused or suspected of committing a crime.
Accused - the person who is on trial in a law court
Criminal – is a person convicted of a crime by a final judgment
Suspect – arrested for the commission of a crime and he is in the law enforcement stage.
Respondent – in the prosecution stage
Ex-convict – in the community
Mens Rea - refers to criminal intent. The literal translation from Latin is "guilty mind
Adversarial Approach – requires that the proper procedures designated to protect the rights of the
accused are followed. This approach assumes that the accused to be innocent .

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Inquisitorial Approach – this approach assumes that the accused is guilty .the accused must
prove that they are innocent
What Criminal justice model do we adopt in the Philippines ? – Due process model .
Restorative Justice - it refers to the principle which requires a process of resolving conflicts with
the maximum involvement of the victim , the offender and the community .
R.A 9344- Juvenile Justice Welfare Act of 2006
Children in conflict with the Law – refers to a child who is alleged of or judged as , having
committed an offense under Philippine law .
Child at risk – refers to the child who is vulnerable to and the risk of committing criminal offense
because of personal , family and social circumstances.
Intervention Program – refers to a series of activities designated to address issues that caused the
child to commit an offense .
Diversion Program – refers to an alternative, child appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his or her social
economic ,cultural or educational background without resorting to formal court proceeding
A deprivation of liberty - is when a person has their freedom limited in some way. It occurs
when: 'The person is under continuous supervision and control and is not free to leave, and the
person lacks capacity to consent to these arrangements.
Correction -It is considered as the weakest link of the Philippine criminal justice system because
of its failure to rehabilitate the inmates after serving their services.
Actus Reus - It is the act of committing the crime..
Commutation - It is a change made by the President on the decision of the court by reducing the
degree of penalty imposed upon the convicted felon.
Judge - He is the officer of the judiciary who issues warrant of arrest and determine the
culpability of the accused.
Prosecutor- He is the person responsible for presenting the case in a criminal trial against an
individual accused of breaking the law.
BJMP - the government agency that directs, supervises and controls all district, city and
municipal jails nationwide
Community -This pillar in the Philippine Criminal Justice System includes people itself and
People's Organizations. The primary role of this pillar is to provide assistance to an offended
party especially when rights are asserted.
Court - This pillar must decide the culpability or innocence of the accused after careful
examinations of the records of the case after its trial on the merit.
Status offense - Behaviors that are law violations only for youth of juvenile status.
Brigandage - Is the life and practice of highway robbery and plunder.
Parole - It entails the supervised release of offenders after they have served a portion of their
sentence.
Mens rea - It is the mental knowledge of committing the crime.
Stare Decisis- In Latin, It literally mean "Stand by things decided".

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In Flagrente Delicto - It is when in his presence , the person to be arrested has committed, is
actually committing , or is attempting to commit an offense.
Double Jeopardy -When a person is charged with an offense and the case is terminated either by
an acquittal or conviction, or in any manner without the express consent of the accused, the latter
can not again be charged with the same or identical offense.

The Philippine National Police (PNP)

- R. A 6975 –DILG ACT of 1990
- established the Philippine National Police (PNP) under a Reorganized Department of the
Interior and Local Government. This law stated that PNP is supposed to have a Maritime
Police Unit, to absorb the police functions of the Coast Guard and to be provided with sea
capabilities
- R.A 8551 - otherwise known as the “PNP REFORM AND ORGANIZATION ACT OF
1998
- PNP established on January of 1991.
Buy- bust operation –is also known in legal and police parlance as a form of entrapment .
Entrapment - is a defense to criminal charges on the basis that the defendant only committed the
crime because of harassment or coercion by a government official.
Instigation -is the means by which the accused is lured into the commission of the offense
charged in order to prosecute him
Rationing – refers to when the police selectively enforces criminal law for various reason
Arrest – refers to the taking of the person into custody in order that he may made to answer for
the commission on the crime.
Search warrant - is an order in writing issues in the name of the people of the Philippines signed
by the judge and directed to the peace officer , commanding him to search for personal property
and bring it before the court .
Exclusionary rule or the fruit of the poisonous tree doctrine - this constitutional provision
originated from Stonehill v. Diokno. This rule prohibits the issuance of general warrants that
encourage law enforcers to go on fishing expeditions.

LAW ENFORCEMENT
Public Relation – is the act of bringing about better understanding , confidence, and acceptance
of an individual or an organization.Police Community Relation – is defined as the sum total
dealings of the police with the people it serves and whose goodwill and cooperation it craves for
to insure the greatest possible efficiency in the public service.
Police Public Relation – is the continuing process by which endeavors are made to obtain the
goodwill and cooperation of the public for the effective enforcement of the law and the
accomplishment of police purpose.
Human Relation – consists of fundamental precepts, both moral and legal which governs the
relationship among men in all aspects of life.

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Crime – Desire + Opportunity (to commit a crime) over Resistance (not to commit a crime)
Arrest – is the taking of a person into custody in order that he may bound to answer for the
commission of an offense.
Warrant of Arrest – is an order in writing issued in the name of People of the Philippines, signed
by the judge and directed to a peace officer, commanding him to arrest a person or persons stated
therein and deliver them before the court.
Inflagrante Delicto – caught in the act of committing a crime
Search Warrant - is an order in writing issued in the name of People of the Philippines, signed by
the judge and directed to a peace officer, commanding him to search for personal property
described therein and deliver them before the court.
Custodial Investigation – is any questioning initiated by law enforcement officers after a person
has been taken into custody of otherwise deprived of his freedom of action in any significant
way.
Miranda Rights – Miranda vs. Arizona, Constitutional Rights of persons under investigation for
the commission of an offense.
Doctrine of the Fruit of the Poisonous Tree – any evidence illegally obtained is not admissible in
any proceeding.
Confession – direct acknowledgement of guilt.
Admission - indirect acknowledgement of guilt.
RA 7438 – An Act Defining certain rights of person arrested, detained, or under custodial
investigation as well as the duties of the arresting, detaining and investigating officers, and
providing penalties for violation thereof.

PROSECUTION
Inquest Proceeding - is a proceeding done by the inquest prosecutor to determine the validity of a
warrantless arrest.
Preliminary Investigation – is an inquiry held for the purpose of ascertaining whether or not
probable cause is present.
Probable Cause – is the existence of sufficient ground to engender well founded belief that a
crime has been committed and the respondent is probably guilty thereof.
Complaint – is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.
Information – is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed in court.
The petition for a writ of amparo- is a remedy available to any person whose right to life, liberty
and security is violated or threatened with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity

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COURT
Municipal trial Court- all offenses punishable with imprisonment not exceeding six ( 6 ) years
Regional trial Court – those which carry the penalties exceeding six ( 6) years of imprisonment
Sandiganbayan – for violation of RA 3019 – Anti graft and corruption
A motion to quash - is a request to a court or other tribunal to render a previous decision or
proceeding null or invalid
Judge – is an officer so named in his commission who presides in some court; a public officer,
appointed to preside to and administer the law in a court of justice.
Jurisdiction – is the power and authority to hear, try, and decide a case.
Certification Against Forum Shopping – the complainant, plaintiff, or principal party shall certify
under oath in his complaint or other initiatory pleading asserting a claim of relief.
Arraignment – is made in an open court by the judge or clerk furnishing the accused of the copy
of the complaint of information, reading the same in a language or dialect known to him, and
asking him whether he pleads guilty or not guilty.
Bail – is a security given for the release of a person in custody of the law, furnish by him or a
bondsman, to guarantee his appearance before any court as required under the conditions
specified by law.
Recognizance – is the release of the defendant on the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
Proof beyond Reasonable Doubt – is the degree of proof which produces conviction in an
unprejudiced mind.
Preponderance of Evidence – means that the testimony adduced by one side is more credible and
conclusive that the other.
Substantial Evidence – is the relevant evidence which the reasonable mind might accepts as
adequate to support a conclusion.
Quash – literally to put stop. It is the act of formally declaring that the law or a court’s verdict is
invalid.
Trial – is the examination before a competent tribunal, according to the laws of the land, of the
facts and issue of the case, for the purpose of determining such issue.
Alibi – is an averment that the person was at another place for such a period of time that it was
impossible for him to have been at the place where the act was committed at the time of its
commission.
Judgment – is adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition of him of the proper penalty and civil liability, if any.
Appeal – is a resort to a superior court to review the decision of an inferior court or
administrative agency.

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CORRECTION

Type of Jail
1. Lock up – this is security facility
2. Ordinary jail – the place of confinement for detention prisoners and sentenced prisoners
serving short sentences

3. Jail Farms / Camp – these institution house the minimum custody offenders serving in a
short sentences

Classification of Prisoners
1- Municipal Prisoners - those who sentence is 1 day to six months
2- Provincial Prisoners- six months and one day to 3 yrs
3- City prisoners – 1 day to 3 yrs
4- Insular Prisoners- those sentence more than 3 yrs to death penalty

Prisoners – are those convicted by final judgment.

Detainees – are those undergoing investigation/trial, or awaiting trial/sentence.
Department of Justice – it holds the Bureau of Prisons
Old Bilibid Prison – at present Manila City Jail.
Bureau of Jail Management and Penology (BJMP) – administer at the city and municipal jails. It
is under the (DILG) Department of Interior and Local Government.
Provincial Jail – administer by Provincial Government
Prisons – administered by (BuCor) Bureau of Correction, deprived of their liberty for more than
3 years.
Jails – are housing persons who are deprived of their liberty for not more than 3 years.
Probation – is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and under the supervision of a probation officer.
Interlocutory Order – is one which does not finally determine a cause of action but only decides
some intervening matter pertaining to the cause.
Pardon – is an executive clemency granted by the President/Chief Executive. Pardoning Power
of the President
Amnesty – is an act of sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of political
character, such as character, such as treason, sedition, and rebellion.
Parole – is the suspension of sentence of a convict after having served the minimum sentence
imposed without granting pardon, prescribing the terms of the suspension.
Commutation – is an act of the President reducing the penalty of a convict.
Reprieve and Suspension – the temporary stay or postponement of sentence.

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 Notes:

Actus Reus - It is the act of committing the crime.

Corpus Delicti -It means body of the crime.
Mens Rea- It is the mental knowledge of committing the crime.
Status Offenses - Behaviors that are law violations only for youth of juvenile status
Truancy - the action of staying away from school without good reason; absenteeism.

Criminal Justice system - the system of law enforcement that is directly involved in apprehending,
prosecuting, defending sentencing and punishing those who are suspected or convicted of criminal offenses.
Cesare Beccaria -Italian Criminologists and author of the book Crimes and Punishment
Criminal Law - It regulates the conduct of individuals, defines crimes, and provides punishment for criminal a
Plaintiff- The person bringing the case
Misdemeanor- A Minor offense and its maximum sentence usually do not exceed one year.

Writ of Habeas Corpus - A writ ordering a prisoner to be brought before a judge. It is a writ or legal
action through which a prisoner can be released from unlawful detention.The remedy can be sought
by the prisoner or by another person coming to his aid.

Euthanasia - helping another person commit suicide.

Embezzlement - is the act of stealing from your employer

DILG- Provincial Jails are under the
The BJMP is under the- DILG
R.A. 6981It is known as the Witness Protection Security and Benefit
Boston Police Department- The First police department in the United States.

CPCRIM1 – Introduction to Criminology and Psychology of Crime

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Criminology – is the entire body of knowledge regarding crimes ,criminal and the effort of
society to prevent and repress them .
Raffaele Garofalo – coined the term criminology
Cesare Beccaria – Author of crime and Punishment (1764)
Cesare Lombroso – father of modern criminology
Criminal Demography – study of relationship between criminality and population
Criminal epidemiology – study of the relationship between environmental
Criminal Ecology – study of criminality in relation to special distribution in community
Criminal physical anthropology - study of criminality in relation to physical constitution of men
Criminal Psychology – study of human behaviour in relation to criminality
Criminal psychiatry – study of human mind in relation to criminality
Victimology – study of the role of the victim in the commission of the crime
Dactyloscopy – Science of Fingerprint
Polygraphy – Science of lie detection examination
Ballistics – study of firearms and Bullets

School of Thought
1. Classical School – People have free will to choose on how to act
2. Positivist School – presumes that criminal behaviour is caused by internal and external
factor outside of the individual control.
3. Chicago School – adopted a social ecology approach to studying cities

Criminal Law – is defined as that branch of public law which defines crimes ,treats of their
nature provides for their punishment
Characteristics of Criminal Law
1. It is General in Application – the provision of the criminal or penal law must be applied
equality to all person within the territory irrespective of sex , race , nationality and other
personal circumstances
2. It is territorial in character – As of the part of the right of a state self preservation , each
independent country has the right to promulgate law enforceable with in territorial
jurisdiction
3. It is specific and definite – criminal law must give a strict definition of specific act
which constitutes the crime
4. It must be in application - an act describe a crime is a crime no matter who committed it
5. It must be prospective - no person can be punished for his act at the time he did it is not
punishable by law

Crime – as an act of committed or omitted violation of public law .

Felony – is an act or omission that is punishable by the Revised Penal Code.

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Legal Classification of Crimes
1. As to the manner crime is committed
Dolo or deceit – when the act was done with deliberate intent Ex murder
Culpa or fault – when the wrongful act results from imprudence , negligence , lack of
foresight or lack of skill .
2. As the stage in the commission of the crime
1. Attempted crimes – when the offender commences the commission of a felony directly
by overt acts and
does not perform all the acts of execution, which could produce the felony by reason of
some causes or accident other than his spontaneous desistance.
2. Frustrated crimes – when the offender has performed all the acts of execution which
will produce the felony as a consequence but which, nevertheless, do not produce the
felony by reason of cause independent of the will of the perpetrator.
3. Consummated crimes – when all the elements necessary for the execution and
accomplishment of the crime are present.
3. As to the plurality of crimes
1. Simple crimes – when a single act constitutes only one offense.
2. Complex crimes – when a single act constitutes two or more grave felonies or when an
offense is a necessary

4. As the gravity of penalty or offense

1. Grave felonies – those to which the law attaches the capital punishment or afflictive penalties.
2. Less grave felonies – those which the law punishes the penalties which are correctional in
nature.
3. Light felonies – those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, or both, is imposed

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to the result of crimes
a. Acquisitive crimes – when the offender acquires something as a consequence of his criminal
act.
b. Extinctive crime – when the result of a criminal act is destructive

2. As to the time or period committed

a. Seasonal crimes – those committed only during a certain period of the year.
b. Situational crimes – those committed only when given the situation conducive to their
commission.

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3. As to the length of time committed
a. Instant crimes – those committed in the shortest possible time
b. Episodic crimes – those committed by a series of acts in a lengthy space of time.

4. As to the location of the commission

a. Static crimes – those committed in only one place.
b. Continuing crimes – those committed in several places.
5. As to the use of mental faculties
a. White-collar crimes – those committed by persons of respectability and of upper socio-
economic class in the course of their occupational activities.
b. Blue-collar crimes – those committed by ordinary professional criminals to maintain their
livelihood.
6. As to the standard of living of the criminals
a. Crimes of the upper world – e.g. falsification cases
b. Crimes of the underworld – e.g. bag snatching

Criminal - refers to any person who commit or omit crime and violates the law.
Classification of Criminals
1. Acute criminals – they commit crimes due to impulse of the moment, fit of passion, anger or
spell of extreme jealousy.
2. Chronic criminals – they are those who acted in consonance with deliberate thinking.
3. Normal criminals – their psychic conditions resemble that of a normal individual, except that
they identify themselves with criminal prototypes.
4. Ordinary criminals – considered to be the lowest form in the criminal career and engage
only in conventional crimes that require limited skills.
5. Organized criminals – they have degree of organization to enable them to commit crimes
without being detected, with specialized criminal activities operated in large scale.
6. Professional criminals – they are highly skilled and able to obtain considerable amount of
money
without being detected due to organization and contact with professional criminals.
7. Accidental criminals – they commit criminal acts as a result of unanticipated circumstances.
8. Situational criminals – they are not actually criminals but commit crimes due to a given
situation.
9. Habitual criminals – they continue to commit criminal acts for diverse
reasons due to deficiency of intelligence and lack of self-control.
10.Active-aggressive criminals – they commit crimes in impulsive manner usually due to their
aggressive behavior.
11.Passive-inadequate criminals – they commit crimes because they are pushed to do it, by
inducement, reward, or promise without considering the consequences.

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12.Socialized criminals – they are normal in their behavior but mere inadequate and defective in
their socialized process.

Pyknic Type – those who are stout and with around bodies , they tend to commit deception ,
fraud and violence
Athletic – those who muscular and strong . they usually connected with the crimes of violence
Asthenic type- those who are skinny and slender . their crimes are petty thieves and fraud
Dysplatic or mixed type – those are less clear evident having any predominant type . their
offense are against decency and morality

The Three Parts of Human Psyche (personality).

a. ID – it is the unconscious portion of personality dominated by the drive (cravings/desire) for
pleasure and by inborn sexual and aggressive impulses.
b. Ego – the rational part of the personality; it grows from Id.
c. Super ego –means the conscience of man .

CPCRIM3 –Theories of Crime Causation

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Criminology - is defined as the scientific study of crime, criminals and criminal behavior.
The term “criminology” (from the Latin – crimen, accusation, and Greek – logia, study) was
coined in 1885 by Italian law professor Rafaelle Garofalo as criminologia.

Principal Divisions of Criminology (Tradio, 1999)

1. Criminology Etiology – an attempt at scientific analysis of causes of crime.
2. Sociology of Law – an attempt at scientific analysis of the conditions under
which penal or criminal laws develop as a process of formal social control
3. Penology – concerned with the rehabilitation and treatment of offenders.

Crime - is an act or omission prohibited by law. It is also defined as an act that violates the law
of the nation (Inciardi, 2005).
Norm – any standard or rule regarding what human beings should or should not think, say, or do
under given circumstances
Deviance – refers to the conduct which the people of a group consider so dangerous or
embarrassing or irritating that they bring special sanctions to bear against the persons who
exhibit it.

Distinction Between Crime and Sin

Crime – is an act or omission against the penal law of the state
Sin – is an act or omission against the spiritual or divine law

Elements of Crime
1. Harm – for crime to occur, there must be an external consequence or harm.
2. Legality – this has two aspects, first the harm must be forbidden for a behavior to be
a crime, second a criminal law must not be retroactive or ex post facto law.
3. Actus reus – this Latin term refers to criminal conduct – specifically, intentional
or criminally negligent (reckless) action or inaction that causes harm.
4. Mens rea – refers to criminal intent or guilty mind.
5. Causation – refers to the causal relationship between the legally forbidden harm and the
actus reus.
6. Concurrence – this means that the criminal conduct (actus reus) and the criminal intent (mens
rea) must occur together.
7. Punishment – there must be a statutory provision for punishment or at least the threat of
punishment.

Three Ingredients of Crime (Philippine National Police)

1. Motive or Desire – This is the driving force, the reason why the accused committed the crime
2. Opportunity – It refers to the time and place of the commission of the crime.
3. Instruments – These are tools employed by criminals

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Criminal - refers to any person who commit or omit crime and violates the law.
Classification of Criminals
1. Acute criminals – they commit crimes due to impulse of the moment, fit of passion, anger or
spell of extreme jealousy.
2. Chronic criminals – they are those who acted in consonance with deliberate thinking.
3. Normal criminals – their psychic conditions resemble that of a normal individual, except that
they identify themselves with criminal prototypes.
4. Ordinary criminals – considered to be the lowest form in the criminal career and engage
only in conventional crimes that require limited skills.
5. Organized criminals – they have degree of organization to enable them to commit crimes
without being detected, with specialized criminal activities operated in large scale.
6. Professional criminals – they are highly skilled and able to obtain considerable amount of
money
without being detected due to organization and contact with professional criminals.
7. Accidental criminals – they commit criminal acts as a result of unanticipated circumstances.
8. Situational criminals – they are not actually criminals but commit crimes due to a given
situation.
9. Habitual criminals – they continue to commit criminal acts for diverse
reasons due to deficiency of intelligence and lack of self-control.
10.Active-aggressive criminals – they commit crimes in impulsive manner usually due to their
aggressive behavior.
11.Passive-inadequate criminals – they commit crimes because they are pushed to do it, by
inducement, reward, or promise without considering the consequences.
12.Socialized criminals – they are normal in their behavior but mere inadequate and defective in
their socialized process.

Classification of Criminals (The Revised Penal Code)

1. Recidivist – is the one who, at the time of trial for one crime, shall have been previously
convicted by final judgement of another crime embraced in the same title of RPC.
2. Quasi-recidivist – is one who commits another crime after having been convicted by final
judgement of a crime falling under either the RPC or Special Law, before beginning to serve
such sentence or while serving the same.
3. Habitual delinquent – is one who, within a period of ten (10) years from the date of his release
or last conviction of crimes of serious or less serious physical injuries, robbery, estafa, or
falsification is found guilty of any of the
said crimes for the third time or oftener.

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Criminal Etiology – refers to the study of the causes of crime. It discusses the different
explanations to criminality including the theories and factors that account for criminal behavior
of a man. Criminal etiology tries to understand and explain the causes why people commit a
crime.

Crime is caused by demon (Paganism Era) - Men violate social and religious practices because
they are possessed by demons or evil spirits.

Crime is caused by divine will- Men manifest criminal behavior because they are sinful. God is
the offended party when they commit crimes, and the punishment is in a form of plagues,
earthquakes, or other forms of desolation.

Offense – an act or omission that is punishable by special laws, enacted by congress, penal in
character, which is not an amendment of the Revised Penal Code.
Felony – is an act or omission that is punishable by the Revised Penal Code.
Delinquency/ Misdemeanor/ Infraction – is an act that is in violation of a simple rule or
regulation, a minor violation of law.

Crimes are also generally classified as:

1. Violent Crimes – include offenses where violence was applied (crimes against persons).
2. Economic Crimes – are primarily committed to bring financial gain to the
offender (crimes against property).
a. White-collar crimes – committed by a person or group of persons in the course of an otherwise
respected and legitimate occupation (fraud cases).
b .Organized crimes – characterized by the use of legitimate and illegitimate business enterprise
for
illegal profit (e.g drugs, prostitution, gambling racketeering, pornography).
c.Public order crimes – they are unlawful acts that interfere with the normal operation of society
and ability of people to function efficiently (victimless crimes)

A.According to degree or severity of the offense

1.Felonies – these are acts and omissions punishable by law. Generally, a felony is a relative
serious offense
punishable by death, a fine, or confinement in a national prison for more than one year.
2.Misdemeanors – they are minor offenses that are punishable by no more than fine and/or one
year
imprisonment, typically in a local jail.

B. According to the nature of the acts prohibited

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1. Mala in se – the term means “evil in itself”. They are crimes that are “wrong in themselves”.
They are characterized by universality and timelessness, that is, they are considered crimes
everywhere and have been crimes at all times. (e.g. murder, rape, robbery).

2. Mala prohibita – this means “wrong because it is prohibited”. They are offenses that are illegal
because laws define them as such. (e.g. gambling, prostitution)
C. As to the manner crimes are committed
By means of dolo or deceit – when the act was done with deliberate intent (intentional felony).
By means of culpa or fault – when the wrongful act results from imprudence or negligence
(culpable felony)
a. Imprudence – indicates a deficiency of actions; usually involves lack of skill
b. Negligence – indicates a deficiency of perception; usually involves lack of foresight
D. As to the stages in the commission of crime
1. Attempted crimes – when the offender commences the commission of a felony directly by
overt acts and
does not perform all the acts of execution, which could produce the felony by reason of some
causes or accident other than his spontaneous desistance.
2. Frustrated crimes – when the offender has performed all the acts of execution which will
produce the felony as a consequence but which, nevertheless, do not produce the felony by
reason of cause independent of the will of the perpetrator.
3. Consummated crimes – when all the elements necessary for the execution and
accomplishment of the crime are present.
E. As to the plurality of crimes
1. Simple crimes – when a single act constitutes only one offense.
2. Complex crimes – when a single act constitutes two or more grave felonies or when an offense
is a necessary means for committing the other.
F. As to the gravity of penalty or offense
1. Grave felonies – those to which the law attaches the capital punishment or afflictive penalties.
2. Less grave felonies – those which the law punishes the penalties which are correctional in
nature.
3. Light felonies – those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, or both, is imposed.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. As to the result of crimes
a. Acquisitive crimes – when the offender acquires something as a consequence of his criminal
act.
b. Extinctive crime – when the result of a criminal act is destructive

16
2. As to the time or period committed
a. Seasonal crimes – those committed only during a certain period of the year.
b. Situational crimes – those committed only when given the situation conducive to their
commission.
3. As to the length of time committed
a. Instant crimes – those committed in the shortest possible time
b. Episodic crimes – those committed by a series of acts in a lengthy space of time.
4. As to the location of the commission
a. Static crimes – those committed in only one place.
b. Continuing crimes – those committed in several places.
5. As to the use of mental faculties
a. White-collar crimes – those committed by persons of respectability and of upper socio-
economic class in the course of their occupational activities.
b. Blue-collar crimes – those committed by ordinary professional criminals to maintain their
livelihood.
6. As to the standard of living of the criminals
a. Crimes of the upper world – e.g. falsification cases
b. Crimes of the underworld – e.g. bag snatching

1. Crimes by imitation – crimes committed by merely duplicating what was done by others;
based on the explanation of crime as a learned behavior.
2. Crimes of passion – those committed at the height of great emotions
3. Service crimes – crimes committed through rendition of service to satisfy the desire of others.
4. Genocide – a crime committed by a government through mass destruction or annihilation of
human populations.
5. Transnational crimes – violations of law that involve more than one country in their
planning, execution, e.g. drug trafficking, human trafficking (Albanese,2010)
6. Environmental crimes – acts that breach environmental legislation and cause significant harm
or risk to the environment and human health.
7. Cybercrimes – crimes that involve computers and network.
8. Political crimes – criminal activities for ideological purposes; also, serious violation laws that
threaten the security or existence of the government.
9. Family-related crimes – crimes within the family.
10.Patriarchal crimes – those committed against women and children in the name of traditional
male dominance.
Demonological Theory – it was based on the belief of primitive people that every object and
person is guided by a spirit.
Classical Theory – postulated by Cesare Beccaria and Jeremy Bentham, Classical Theory was
consistent with the utilitarian view that people weigh the benefits and costs of future action
before they decided to act. Therefore, “the punishment should fit the crime”.

17
Classicists have four good reasons why delinquent persons and offenders should be punished:
a. General Deterrence – punishment of delinquents and criminal offenders will strike fear in the
hearts of other
people, thus making them less likely to commit acts of delinquency or crimes.
b. Specific Deterrence – punishment will strike fear in the hearts of wrongdoers, thus making
them less likely to
offend others again.
c. Incapacitation – the simplest form of jurisdiction; wrongdoers should be locked up in jail since
while they
are imprisoned in an institution, they cannot commit offenses against other people in the outside
world.
d. Retribution – this reason objects the idea that anything good or useful will follow or result
from punishing offenders.

Born Criminals – these refer to individuals who are born with a genetic predilection toward
criminality.
b. Epileptic criminals – these are criminals who commit crime because they are affected by
epilepsy.
c. Insane criminals – these are those who commit crimes due to abnormalities or psychological
disorders.
d. Occasional criminals – these are criminals who commit crime due to insignificant reasons that
push them to do at a given occasion.
a) Pseudo criminals – these individuals are not real criminals. They have neither inborn tendency
towards crime nor are they under the influence of any bad crime inducing habit. They do
something criminal on account of
acute pressure of circumstances that would leave them with no choice. (self-defense)
b) Criminaloids – the term means “like a criminal” or “having resemblance with criminals”.
They are not born criminals but non-criminals who have adopted criminal activity due to
pressure of circumstances and less physical stamina or self-control. The nature of their crimes is
not very grave.
c) Habitual criminals – they have no organic criminal tendency, but in the course of their lives
they have developed some foul habits that force them into criminality. (poor parenting and
education and contact with criminals)
d) Passionate criminals – these are individuals who are easily influenced by great emotions.
PHYSIOGNOMY - Refers to the study of the facial features of a person in relation to his
criminal behavior.
PHRENOLOGY OR CRANIOLOGY - It is the study of the external formation of the skull
indicating the

18
conformation of the brain and the development of its various parts in relation to the behavior of
the criminal.

GENETIC THEORY
1. The study of Juke Family (Richard Dugdale) - Ada Juke, known as “The Mother of
Criminals”.
Dugdale traced the 1,200 descendants for 75 years and found 280 paupers, 60 thieves, 7
murderers, 40 other criminals, 40 with sexual diseases, 300 infants prematurely born, 50
prostitutes, and 30 who were prosecuted for bastardy.
2. The study of Kallikak Family (Henry Goddard) - Martin Kallikak was an American
Revolutionary and a
was soldier. While stationed in a small village, he met a feeble minded girl and had illicit
relations with her. About 489 descendants from the lineage were traced which included 143
feeble-minded and 46 normal.
Thirty six were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82 died in infancy.
3. The study of Sir Jonathan Edwards- He was a famous preacher during the colonial period.
When his family tree
was traced, none of the descendants was found to be criminal. Rather, many became presidents
of the United States, governors, members of the Supreme Court, famous writers, preachers and
teachers.

The Three Parts of Human Psyche (personality).

a. ID – it is the unconscious portion of personality dominated by the drive (cravings/desire) for
pleasure and by inborn sexual and aggressive impulses.
b. Ego – the rational part of the personality; it grows from Id.
c. Super ego –means the conscience of man . it grows out of ego and serves as the “conscience”
of a person. It represents the moral code, norms and values the individual has acquired.

Mental deficiency – This is a condition of arrested or incomplete development of the mind

existing before the age of 18, whether arising from inherent causes or induced by disease or
injury. Mentally deficient persons are prone to
commit malicious damage to property and unnatural sex offenses. They may commit violent
crimes but definitely not crimes involving the use of mentality.
a. Idiots -persons with a mental defect to a degree that they are unable to guard themselves
against common physical dangers. Their mentality is comparable to that of a two year old child.
b. Imbeciles – persons with a mental defect, which though not amounting to idiocy, is yet so
pronounced that they are incapable of managing themselves or their affairs.
c. Feeble-minded – persons with a mental defect, which though not amounting to imbecility, is
yet to pronounced that they require care, supervision and control for their own or for protection
of others, or in case of children, they appear to be permanently incapable of receiving

19
proper benefit from instruction in ordinary schools.
d. Morally defective – persons with strong vicious or criminal propensities. They require care
and supervision and control for their own or for the protection of others.
2. Psychosis – This is a common category of mental disorder among youthful offenders and
habitual criminals. Psychosis can be functional or organic.
a. Schizophrenia – This is manifested by delusions or hallucinations or a clear-cut thought
disorder.
b. Paranoia – it is a psychotic delusion characterized by incorrect or unreasonable ideas which
can be seen as truth
by people suffering from this disorder.
3. Neurosis – This is another common type of mental disorder linked to criminal behavior.
Neurotic behaviors are those that do not grossly violate social norms or represent severely
disorganized personalities.

.Kleptomania - The compulsive desire to steal.

Dipsomania - the compulsive desire to drink alcohol.
Homicidal compulsion - the irresistible urge to kill somebody.

SOCIAL LEARNING THEORY

1. Differential Association Theory. Developed by Edwin Sutherland, it assumes that persons
who become criminal do so because of contacts with criminal patterns and isolation from
non- criminal patterns.
2. Differential Reinforcement Theory- Proposed by Ronald Akers in collaboration with
Robert Burgess, there is a version of the social learning view that employs both
differential association concepts along with elements of psychological learning theory.
According to acres people learn to be “neither all the violent nor all confirming” but
rather strike a balance between the two opposing poles behavior. This balance is usually
stable, but it can undergo revision overtime.
3. Neutralization Theory -This theory is identified with the writings of David Matza and
Gresham Bykes. Review the process of becoming a criminal as a learning experience in
which potential delinquents and criminals master techniques that enabled them to
counterbalance or neutralize conventional values and drift back and forth between
illegitimate in conventional behavior.

SOCIAL CONTROL THEORY- Another approach is made by the social bond or social control
theory.
Instead of looking for factors that make people become criminal, these theories tried to explain
why people did not become criminal. Travis Hirschi identify four main characteristics:
attachment to others, belief in moral validity of rules, commitment achievement, an involvement
in conventional activities.

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CONFLICT THEORY- theory assumes that society is based primarily on conflict between
competing interest groups – for instance, the rich against the poor, management against labor,
men against women, adults against children. In many cases, competing interest groups are not
equal in power and resources. Consequently, one group is dominant and the other is subordinate.
SOCIAL REACTION THEORY- Commonly called labeling theory, the focus of social reaction
theory is the criminalization process - the way people in actions are defined as criminal.
Labeling Theory - This theory states that the reaction of other people in the immediate effect of
this reactions create deviance. Once it became known that a person was engaged in a delinquent
behavior, said person is segregated from society, and a label such as thief, drug addict, and
criminal is attached to the person.

Note:
Macho means- heroic
Positivist Theory- The theory in which reformation is based upon, on the ground that the
criminal is a sick person
Demonological Theory-The theory in criminology, which maintains that a person commits crime
or behaves criminally mainly because he or she is being possessed by evil spirits or something of
natural force thatcontrols his/her behavior
Resistance - "R" in the criminal formula
Kim Rosmo – created the criminal formula
Acquitted- When the accused is found not guilty of the charges presented before the court
Status Offenses - An activity illegal when engaged in by a minor, but not when done by an
adult. Examples include truancy, curfew, running away, or habitually disobeying parents

Child in conflict with the law

-A child who is alleged as, accused of, or adjudged as, having committed an offense under
Philippine laws

Recognizance
- An undertaking in lieu of a bond assumed by a parent or custodian who shall be
responsible for the appearance in court of

CPFRS1 – FORENSIC CHEMISTRY AND TOXICOLOGY

Romans - formulated the first essential element of forensic science.

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Forensic - comes from the Latin word ‘forensis’ /‘forum’ which means marketplace, used in
conducting public discussion, business, and legal proceedings.
Forensic Science- is an application of scientific principles to criminal and civil laws that are
enforce by police agencies in a criminal justice system.
Criminalistic is the largest branch of forensic science, may be defined as scientific discipline
directed toward the recognition, identification, individualization, and evaluation of physical
evidence by application of sciences in law science matters.
Forensic Chemistry deals with the application of chemical theories and principles in the solution
of legal problems in connection with the administration of justice.
Forensic Toxicology is the use of toxicology to aid medico-legal investigation of death and
poisoning.
Hammurabi’s code – the most famous code named for the Babylonian king in power
Forensic Chemist – expert in forensic chemistry and tasked to analyze the chemical specimen
using analytical methods available.
Forensic Toxicologist is a person who investigates and detects poisons in an alleged poisoning.
Dr Edmund Locard - a French criminologist, is the Father of Modern Forensics.
Prof Mathieu Orfila - a chemist and Spanish physician, is the father of modern Toxicology
Evidence is a means sanctioned by law of ascertaining in a judicial proceeding the truth
respecting matter of fact
Major classification of evidence
1. Direct – evidence which directly establishes the main facts of issue. Stands on
its own to prove alleged facts simply what the senses perceived. - evidence given by testimony of
one who has
heard a fact; or by proffer of document or other concrete object when the question of fact
involves such object.
2. Indirect or Circumstantial – incriminates a person. Evidence derived from any other source
than the testimony of those who witness the act against a person accused of a crime. Consistency
is more weight than the quantity of circumstantial evidence.
3. Hearsay – a statement given by a witness in authority of another person and not from his own
personal knowledge. (Declaration against interest, dying declaration, public records)

Prima facie – evidence established by law. If unexplained or not contradicted is sufficient to

sustain preposition it supports or to establish the facts, or to counterbalance the presumption of
innocence to warrant conviction.
Corroborative – additional evidence required to strengthen the testimony of a witness.
Tierce – extremely small items
Exculpatory – helps to prove that an accused individual is not guilty.
Corpus delicti (Latin: the body of the wrong) – literally, body of a crime and denotes that a crime
has been committed
Associative evidence – links the suspect to a crime.

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Physical evidence composed of any all objects that can establish that a crime has been committed
or can provide a link between a crime and its victim or a crime and its perpetrator. This includes
hair, fiber, firearms, bullets, cartridges cases, drug abuse, explosive, debris, paint, glass, soil,
blood, urine, and other biological substances.
Exhibit - a term used for an object or documentary evidence when presented in court
Specimen - usual term of chemist for evidence examined in the laboratory, composed of the
whole bulk of evidence
Witness is a person who is subpoena by court to testify on certain issues.
Ordinary witness – states facts based on his personal knowledge but limited todrawing out
opinion and conclusions.
Expert witness – is a person who has skill in an art, trade or science or has knowledge in
matters that is not known by other men with ordinary education.
Identification - an analytical method to determine the identity of substances
Classification - placing the evidence to a class member
Individualization- the process of establishing the common source of physical evidence

Method of Identifying Physical Evidence

1. Qualitative Examination – identification of substance present in the sample.
o Physical test: investigating the physical property of the sample specimen.
Chemical test: investigating the chemical property of the sample specimen.
Confirmatory examination: utilize higher form of analysis that prove the result of physical and
chemical test.
2. Quantitative Examination – determining the percent purity of the sample.
Comparison- Method of determining similarity or conformity of the characteristic of questioned
evidenceo a known standard

Two Types of Characteristics under Comparison Examination

1. Individual Characteristics – attributed from a common source with an extremely high degree
of certainty. The evidence produced the same characteristics repeatedly.
2. Class Characteristics – property of evidence that can only be associated with the group and
never with a single source. The property is the same throughout the whole group not by a single
specimen.

Crime scene - is an area or vicinity of occurrence of physical evidence.

Crime scene investigation - is much more than processing (searching), documenting (notes,
photos, and sketches), and certainly, more than bagging and tagging/ markings physical
evidences, the main objective is to know how to recognize physical evidences to be processed.
Recognition is a qualitative process of systematically evaluating physical evidence to determine
if their qualifications are sufficiently similar or substantially equivalent to established and
published standard of the receiving laboratory jurisdiction or country.

23
Edmund Locard (early 20th century) - He is considered as the Father of Forensic Science.
Sherlock Holmes – a fictitious character but considered as the Father of Crime Detection.
Dr. Hans Gross – written the first investigation book entitled “Search for the Truth” and known
as the “Father of Criminalistics”

Blood – is highly specialized circulating tissue consisting of cells, enzymes, proteins, and
inorganic substances suspended in fluid medium.

Volume: About 8% of total body weight

• 5 to 6 liters (Male blood)
• 4 to 5 liters (Female blood)

Components of Blood:
Plasma (55%) - fluid portion composed principally of water and other constituents
such as enzymes, glucose, etc.
• Cells (45%) – solid portion consist of red blood and white blood cells and platelets.
• RBC (erythrocytes) – carry respiratory gases and give it its red color because they
contain hemoglobin – an iron-containing protein that binds oxygen in the lungs and
transport it too tissues in the body.
WBC (leukocytes) – fight disease.
Platelets (thrombocytes) - cell fragments which play an important part in the clotting of the
blood.

Blood Loss:
• 40% loss, internally or/ and externally, is required to produce irreversible shock (death).
• blood loss of 1. 5 liters, internally or externally, is required to cause
incapacitation.

Blood Clotting: when a protein in the plasma called fibrin traps and enmeshes the red
blood cells, the blood clots forming solids that separates the serum.
Serum – is the remaining pale-yellowish liquid when the clotted material where removed from
the blood.
This yellow liquid contains certain protein known as antibodies.
The serum that contains antibodies was called – antiserum.
Antigens - are defined as substances recognized by the body to produce an antibody to react
specially to it
Antibody - is a protein that destroys or inactivates a specific antigen. Usually denotes using the
prefix “anti”.

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Microscopic Exam – examination of menstrual blood corpuscles to differentiate mammal blood
to other animals
Spectroscopic method – characteristic absorption band to Frauen Holfer lines
Forensic entomology is a branch which makes use of insects in the detection of crime and used
to calculate the time since death.
Blood stain pattern analysis – focuses on the analysis of the size, shape, and distribution of blood
stain resulting from blood shed events as a means of determining the types of activities and
mechanisms that produce them.
Dr. Paul Kirk- Father of Criminalistics in the US

Microscope – is an optical instrument that uses lens or combination of it to magnify and

resolve the fine details of an object.

1. Magnifying glass – the earliest and simplest single lens microscope. The magnified image is
viewed by looking in the lenses. The image viewed under lens is called virtual image. While the
object
appear without the handheld lens is called real image. The lens can magnify 10x than the real
image.
2. Compound microscope – composed of two lenses, the objective and the eyepiece lens,
mounted at each end of a hollow (open) tube. The two lenses can magnify up to 1500x the real
image.
Objective lens – the lower lens where the object to be magnified is placed. It forms a real,
inverted and magnified image.
Eyepiece lens – the inverted magnified object from objective lens is viewed through this upper
lens which further magnifying it into a virtual image.

Comparison microscope – is the combination of two compound microscope attached to one unit.
Use in side
by side comparison of a given sample to the standard specimen. It uses bridge containing a series
of mirrors and
lenses to join two

Stereoscopic Microscope – lower magnification for specimens which do not requires fine details
to characterize the
structure. Magnifying power = 10x to 125x

Polarizing Microscope – devise that uses polarizer to magnify objects and uses a second
polarizing crystal called analyzer.

25
Microspectrophotometer – it is an instrument that links microscope into a spectrophotometer.
This instrument can be
used to view a particle under a microscope while at the same time, a beam of light is directed
into the particle to measure its characteristics absorption.

Scanning Electron Microscope – instead of light, the image is seen by aiming a beam of
electrons onto the specimen and studying the electrons emission and seen in the monitor as
virtual image.

Chromatography is defined as the physical method of separation in which the components to be

separated are distributed between two phases, one of which is stationary (stationary phase) while
the other (the mobile phase) moves in a definite direction.

Explosives – any chemical compound or mixture that undergo rapid burning or decomposition
by
influenced of heat, pressure, friction, or shock producing large amount of gas, heat and sudden
pressure affects.
TROJAN WAR -The oldest known recorded explosives in history are the Greek fire

Types of Explosion
1. Mechanical Explosion – it is a sudden breaking apart, shattering or bursting into pieces by
internal pressure as that of gas or steam boiler; also known as pressure explosion.
2. Chemical Explosion – a source of explosion wherein the source of this energy comes from an
explosive such as gunpowder.
3. Nuclear explosion – an explosion due to nuclear fusion and fission of particles.

EXPLOSIVE LAWS IN THE PHILIPPINES

Act #2255 (11 Feb 1913) – act prohibiting the manufacture, possession and sale of dynamite and
other explosives or components without a special permit, from Chief, PC or Senior Inspector in
the province
• Executive order #9 (01 Feb 1954) – control and supervise licensing sales, possession, use,
storage and manufacture of explosives.
• Executive order #60 (09 Feb 1967) – promulgating rules and regulations on the control and
supervision of the importation, sale and possession of chemicals used in manufacture of
explosives.
EO #52 (26 Nov 1966) – banning mfg, sales and possession of firecrackers and pyrotechnics
wares.
• Memorandum from SD (28 Dec 1947) – firecrackers and pyrotechnic wares.

26
• Memorandum from president (18 Jan 1967) – license to purchase explosives for mining and
logging purposes.
• Comment 1 from C3 Division, PC (02 Sept 1968) – moving Phil Navy in the processing of
application for explosives
• PD 1058 (01 Dec 1976) – increasing the penalty for illegal fishing with the use of explosives.
PC SOP 9 (12 Apr 1973) – control and supervision of importation, sale, possession and use of
explosives
• PC SOP 4 (21 Sept 1974) – accounting of explosives issued to licensed blasters
• PC SOP 14 (26 June 1975) – renewal of explosive user license
PC letter directive (29 Apr 1976) – security measures of explosives.
• PC letter directive (29 July 1977) – additional security measures.
• RA 7138 (30 Jan 1992) – An act regulating the sale, manufacture, distribution and use of
firecracker and other pyrotechnic device.
Gunshot residue - is defined as the traces of materials that remain after the use of a firearm using
gunpowder ammunition.

Components of Gunshot Residue

a. Primer or Lead Residue – are devices used to initiate the propellant in

ammunition and may consist of a single component or a mixture of various
inorganic and organic materials. Primers are sensitive to heat, shock or friction
used to detonate other explosives through chain reaction.
b. Propellants Components – contain up to 23 organic compounds (FBI study).
Nitrocellulose (NC) is virtually present along with the nitrate and nitrogen
containing compound such as dipenylamine (DPA), used as stabilizer in the
powder.
PARAFFIN EXAMINATION
• While the residue was deposited on the target and in the barrel of the gun, some of these
unburned and partially burned particles may escape around the breech of the gun and
implanted on the exposed surface of the hand of the person firing a gun.

PARAFFIN WAX
• A white, translucent, odorless solids consisting of a mixture of
solids hydrocarbons of high molecular weight.

Classification of gunshot distance

1. Burning (direct) – the principal damage due to flame and muzzle blast

27
is more visible than to the penetration of bullet.
2. Singeing (1 to 2 inches) – slightly burning
3. Smudging – produced when the gun is held from about 2 inches to the maximum of 8
inches. The smoke and soot from the burned pores will be deposited around the hole of
the entrance producing a dirty appearance.
4. Tattooing (8 to 18 inches) – (Black coarsely peppered pattern). Individual specks of
tattooing around the hole are visible by the naked eye. The area of
blackening around the perforation will be found to diminish in size as the
muzzle of the gun is held further away from the target.

Firearm Examination/ Examination of the probable time the gun has been fired
▪ Lucas Test – a characteristic smell that decreases in intensity with lapse of time and is
observable immediately after firing. Sometimes after several weeks some slight smell remains.
▪ Hydrogen sulfide – another product of combusting gunpowder and is present in the gaseous
state that can be detected by means of a lead acetate paper.
o If the breech of the gun is kept close this persists between 2 to 3 hours after firing.
The greater part disappears about 4 to 5 hours but frequently, a trace is remained for
some time linger, the longest period is up to 10 hours.

▪ Rusting – as a rule does not commence for several days. No rust can be detected inside the
barrel if the gun was not fired. But if the gun was fired, iron salts will be soon oxidized resulting
in a formation of rust, the factor must always be considered.
▪ Presence of nitrates – diminishes after a lapse of time. Can be detected by swabbing a
portion of residue in a barrel and mixed it with diphenylamine reagent.

Toxicology – the scientific study of the nature, properties and effects on living organism and
detection of poisons and the treatment of poisoning.
Paracelcus (16th century) – German-Swiss physician/ alchemist and Father of Modern
Toxicology.
Descriptive Toxicology – involves toxicity testing of chemicals providing information for safety
evaluation and regulatory requirements.
Mechanistic Toxicology – concerns with identifying and understanding mechanisms by which
chemicals exert toxic effects on living organism.
Regulatory Toxicology – involves in decisions, based on data provided by descriptive and
mechanistic toxicology, whether a chemical poses a sufficiency low risk capable for consumers
for stated purposes.

28
 Forensic Toxicology – concerns primarily with the medico-legal aspects of the harmful effects
of chemicals on human and animals.
Clinical Toxicology – concerns with disease caused by or uniquely associated with toxic
substances.
Environmental Toxicology – focused on the impacts of the chemical pollutants in
the environment on biological organisms.
Occupational Toxicology – study of the adverse effects of agents that may be encountered by
workers during the course of their employment.
Poison – is a substance that when introduce into or absorbed by a living organism in sufficient
amounts causes death or injury, chemically producing a morbid or noxious condition.

TYPES OF POISONING
Acute Exposure: is the condition wherein the animal is exposed to a chemical for less than
24 hours usually in a single dose or in divided doses with 13 hours; for the inhalational route,
exposure is continuous for 4 hours.
Subacute Exposure: involves repeated daily exposure of the animal to the chemical for less
than one month (usually 21 days) by a specific route.
•Sub Chronic Exposure: involves repeated daily exposure of the animal to the chemical for
90 days or three months
Chronic Exposure: the animal is exposed to the chemical throughout its lifetime: for 2 years
in rats and mice, or even longer for dogs and non-human primates.

Posology (dosage) is a science which deals with the study of the dosage of medicine to be
administered within
a certain period.

THE EVIDENCE OF POISONING

Circumstantial or Moral Evidence – that evidence contributed by the circumstances or deduced

from various
occurrences and facts. o e.g. motives for poisoning, purchased poison,
keeping the dead or the materials used, etc. (This is not strong evidence)

Symptomatic Evidence - this include the symptoms observed during the poisoning. This is not
conclusive for some diseases may present similar symptoms as those of poisoning.
o Arsenic vomit’s or secretion of the body. This alone is not reliable claim for the poisoning
since poison may poisoning like cholera, alcoholic coma may stimulate diabetic coma.

Chemical evidence – that evidence obtained by chemical analysis of the suspected substance, or
the decomposed or changed or it have been placed after death.

29
 Postmortem evidence – that obtained from an examination of the tissues and organs after death.
There are many poisons, however, that do not produce characteristic findings. In addition, the
findings may be the same as those produced by diseases.
• Experimental evidence – (psychological test) obtained by administering the suspected
substance to some living animal and noting the effect or symptoms. This alone is not also very
conclusive because the tolerance may not be the same as in man.

ALCOHOL TOXICOLOGY
Alcohol is a class of organic compound containing hydroxyl groups includes ethanol.
Ethanol is a specific kind of alcohol normally diluted with water and consumed as beverages.
▪ Types of Alcoholic Beverages
Fermented – low alcoholic content, example
beer = 4-6% ethanol
Wine – 8-14%
Distilled – high alcoholic content
▪ 100 proof = 50% ethanol
▪ 80 proof = 40% ethanol
Combination (fortified; port & sherry wines)

Note:
1. Edmond Locard - Considered the father of the crime laboratory.
2. Walker Mc Crone - Considered the father of microscopic forensics.

30
3. Hans Gross - Considered the father of forensic publications.
4. Albert Osborne - The Father of Document Examination.
5. Leone Lattes - The Father of Bloodstain Identification.
6. Alphonse Bertillon - The Father of Anthropometry.
7. Francis Galton - The Father of Fingerprinting.
8. Mathiew Orfila - The father of Toxicology.
9. Sir Arthur Conan Doyle - Popularized Scientific Crime Detection
methods through his fictional character Sherlocke Holmes.
10.Criminalistics - The Application of Scientific Techniques in collecting and analyzing
physical evidence in criminal cases.

Remember the Following:

1.Semen - Is an organic fluid that may contain spermatozoa. - the male reproductive fluid
containing spermatozoa in suspension.
2. Spermatozoa - The mature motile male sex cell of a male organism by which the ovum is
fertilized, typically having a compact head an one or more long flagella for swimming.
3. Plagella - A slender thread like structure especially a microscopic whip-like appendage that
enables many protozoa, bacteria, spermatozoa to swim.
4. Protozoa - A phylum or group of phyla that comprises the single celled microscopic animals
which includes amebas, flagellates,ciliates,spocozoans and many other forms.
5. Sperm cell - The haploid cell that is the male gamete. - the male reproductive cell.
6. Embryo - An unborn or unhatched offspring in the process of
development. - An unborn human baby especially in the first 8 weeks
from conception, after implantation but before all organs are
developed.
7. Zygote - A single cell with a complete set of chromosomes that normally develops into an
embryo.
8. X chromosome - The sex chromosome that is present in both
sexes.Singly in males and doubly in females.Human females normally
have two X chromosomes.
9.Y chromosome - The sex chromosome that is carried by men.Human
males normally have one X chromosome and one Y chromosome.
10.Antonie Philips Van Leeuwenhoek - Father of micro biology and
considered to be the first microbiologists

CPLEA1- Law enforcement Operation with Crime Mapping

Police operations - are defined as the job duties, responsibilities, and activities that law
enforcement agents complete in the field. In this lesson, we'll explore different aspects of police

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operations, such as communication, patrolling, specialized police operations, and diversity
challenges.

The sender - or source of a communication is the person or

organization who has information to share with another person or group.

The channel is the method or medium by which the communication

travels from source or sender to receiver.
The receiver - is the person(s) with whom the sender shares thoughts or
information.
Noise - which refers to factors that can distort or interfere with adequate reception or
comprehension.
Response - refers to the reaction the receiver has after seeing, hearing and/or reading the
message.
Patrol - is the most vital component of police work.

Evolution of the Police (Philippine Setting)

Col Antonio Torres - the fist filipino Chief of Police of the Manila Police Department on March
2,193
Col Lamberto Javalera - the first Chief of Police of the Manila Police Department after the
Philippine independent from United States if America on July 4,1946
Cesar Nazareno - the first Chief of the PNP
15th century – Filipino tribal rulers were called Datu, Pangat, Sultan, Raja,
Hare or Gat. They are the one who make decisions for the good and benefits of
the whole tribal community.

Development and modernization of the Philippine Police System come into

being from the introduction of colonization, which take place as follows:
1. The Spanish introduce police system in the form of
guardilleros, carabineros, seguridad publica, guardia civil composed of mostly
Filipino indios as its members and officered by the Spaniards. These serves as
the peacekeeping force of the community.

2. The Americans introduced their own version of policing

system in the creation of the first police department headed by Col. Mathew

Harmon in January 9, 1901, which takes control of the internal peace and
order. The

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3. Philippine Constabulary (insular police) was introduced by
virtue of Act No. 175 of October 1901 which tasked to serve as territorial force.
4. The Japanese also during their invasion on December 8,
1941, introduced their police system called KEMPETAI until the American
overthrows them on February 7, 1945 in the battle of Manila Bay. That was the
beginning of the reconstruction of the police department headed by Col.
Marcus Ellis Jones.

RA 541 – passed by the Philippine Congress which seek to improve the police
service and administration, this law was called Police Pension Law.
RA 4864 – better known as the police act of 1966 was passed and approved by
Congress on September 8, 1966. This law gives birth to NAPOLCOM.
September 21, 1972 – Proclamation number 1081 was declared which places
the whole country under military rule known as MARTIAL LAW, which the
military officer of the PC were designated as officer in charge who take control
of the supervision, administration and operation.

Some pertinent decrees of regulating the police service:

1. PD 421 – introducing the provision of the city chapter of

Manila, Quezon City, Caloocan and Pasay as well as all existing laws, rules and
regulations governing the police force in the country.

2. PD 482 – was promulgated to bolster the entire police agency

in the country. It gives the PC the power to have direct control, direction and
supervision over the provincial integrated police force.

3. PD 765 – was issued on August 08, 1975 otherwise known

as PC/INP law establishing and constituting the Integrated National Police
(INP) specifically section 1, it provides that Constitution of the Integrated
National Police which shall composed of the PC as the nucleus and INP forces
(municipal police) established under the department of National defense.
4. PD 1184 – known as police professionalization law of 1977, which gives birth of the PNPA.

5. EO 1040 – transferred the administrative control and

supervision of INP from Ministry of National Defense to the NAPOLCOM.
RA 6975 – known as act establishing the PNP under a reorganized Department
of Interior and Local Government. This law dissolves the PC/INP and allows its
officer and rank and file employees to transfer or join either the PNP or AFP.
This law was approved and signed on December 13, 1990.

33
RA 8551 – known as “the PNP reform and reorganization act of 1998” was
enacted to amend certain provisions of RA 6975. It provides that the PNP shall
be strengthen and evolve into a highly efficient and competent police force that
is community and service oriented and fully accountable of its functions.

PATROL - The word PATROL was derived from French word “PATROUILLER” which
means “to go through paddles; to travel on foot.

POLICE PATROL - One or more police officer making round in order to guard or inspect
property and to protect lives within a designated area.

Methods of Police Patrol

Foot Patrol – is assigned to an area of crowded population such as downtown, heavy traffic
congestion and other places. Is the most expensive type of patrol in terms of human
resources. Is the most common and best known methods of patrol.

Types of Foot Patrol

a. Fixed foot patrol – is used for traffic, surveillance, parades and special events.
b. Moving foot patrol – is used when there is foot movement such as business, shopping center
and family dwelling.
c. Line beat patrol – is used in securing certain portion of the road.
d. Random foot patrol –is used in checking residential building, business establishment, dark
alley and parking lots.

Contemporary Patrol Car Equipments

1. Mobile Data Terminal – refers to a computer that is installed inside a patrol car which allows
patrol officer to
have an access from the Headquarters files and other law enforcement agencies which are used
in order to expedite
their operation.

2. Vehicle-mounted TV – refers to a video camera which is attached and installed in patrol car
with a high resolution and wide angle lens.

3.High Intensity Emergency Lighting Plan – refers to a heavy duty light that can provide two
million candle power of light.

34
Motorcycle Patrol - The use of motorcycle has lost ground to the use of patrol cars in recent
years, their need of congested traffic will insure their continued use as a form of police patrol.
The two-wheeled motorcycle is adaptable to traffic enforcement, parades and escort duty.

Bicycle Patrol - It has been a part of the patrol services of most countries since the bicycle was
developed because of its salient features.
A police bicycle- is a land vehicle used by police departments, most commonly in the form of a
mountain bicycle. They are designed to meet the requirements unique to each department.

Marine/ Boat/ Bay Patrol - It is a specialized form of police patrol likewise expensive to
maintain.
Horse or Mounted Patrol- It is one of the oldest types of patrol next to walking. It is commonly
used to wooden areas which horses provided the best mobility in those areas.

Closed-circuit television (CCTV), also known as video surveillance,

- is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors.

Traffic congestion- is a condition on transport that is characterised by slower speeds, longer trip
times, and increased vehicular queueing. Traffic congestion on urban road networks

Traffic engineering- is a branch of civil engineering that uses engineering techniques to achieve
the safe and efficient movement of people and goods on roadways. It focuses mainly on research
for safe and efficient traffic flow, such as road geometry, sidewalks and crosswalks, cycling
infrastructure, traffic signs, road surface markings and traffic lights. Traffic engineering deals
with the functional part of transportation system, except the infrastructures provided.

A criminal investigation- is an undertaking that seeks, collects, and gathers evidence of a crime
for a case or specific purpose.

The investigation- involves establishing that a crime was committed and whether an arrest
should be pursued. After confirming the crime, the evidence is gathered and a suspect identified.
If sufficient evidence is gathered, the suspect is arrested.
Arrest: The suspect is apprehended.
Crime prevention is the process of trying to reduce the amount of crime in a given area.
BACKGROUND ON POLICE-COMMUNITY RELATIONS

Section 2 of Republic Act No 6975 reads:

SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the State to
promote peace and order, ensure public safety and further strengthen local government capability
aimed towards the effective delivery of

35
the basic services to the citizenry through the establishment of a highly efficient and competent
police force that is national in scope and civilian in character. Towards this end, the State shall
bolster a system of coordination
and cooperation among the citizenry, local executives and the integrated law enforcement and
public safety agencies created under this Act.
Said provision was later amended by RA 8551, which reads:

Section 2. Declaration of Policy and Principles. — It is hereby declared the policy of the State to
establish a highly efficient and competent police force which is national in scope and civilian in
character administered and
controlled by a national police commission.

The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.

PNP VISION
The Men and Women of the PNP is committed to a vision of a professional, dynamic and highly
motivated Philippine National Police working in partnership with a responsive community
towards the attainment of a
Safe place to live, work, invest and do business with.

PNP MISSION
To enforce the law, to prevent and control crimes, to maintain peace and
order, and to ensure public safety and internal security with the active
support of the community

IMPORTANT TERMS
POLICE - a group of persons established, maintained and organized for keeping
order, safety, protection of lives and property and for prevention and
detection of crimes
COMMUNITY - refers to the civilian populace or the public in general, and shall be
used interchangeably with the terms, public, citizenry, society and
private sector - a body of people organized into political, municipal or social unity or a
body of persons living in the same locality - derived from the Latin words, communis, which
means common, and tatis which means fellowship

POLICE-COMMUNITY RELATIONS - the sum total of the dealings between the police and the
people it serves, and whose goodwill and cooperation it craves, for the greatest possible
efficiency in the service refers to the reciprocal attitudes of the police and the community

PUBLIC RELATIONS - the act of bringing about better understanding, confidence and

36
acceptance for an individual or an organization

POLICE PUBLIC RELATIONS - the continuing process by which endeavors are made to
obtain the goodwill and cooperation of the public for effective enforcement of the law and
accomplishment of the police purposes

HUMAN RELATIONS - consist of the fundamental rules both moral and legal, which govern
the relationship of men in all aspects of life

MEDIA/MASS MEDIA - the channels through which information is disseminated to the

public- may be in the form of television, movies, radio or newspaper, and the like

PROPAGANDA - the planned use of mass communication for public purpose

POLICE PUBLIC IMAGE - refers to how the people in the community perceive or regard the
police

Police - one of the pillars of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
- comes from Latin "politia"-civil administration which itself derives from the ancient
Greek police "city"

Administration - an organizational process concerned with the implementation of objectives

and plans and internal operating efficiency.

Organization - a group of persons working together for a common goal or objectives.

Police Organization - a group of trained personnel in the field of public safety administration
engaged in the achievement of goals and objectives that promotes the maintenance of peace and
order, protection of life and property, enforcement of the laws and the prevention of crimes.

Enforcement - means to compel obedience to a law, regulation or command.

Objectives - refer to the purpose by which the organization was created. Refer to the goals of the
organization.
Supervision - means the act of watching over the work or tasks of the members of the
organization to ensure that desired results are achieved.

37
Management - the process of directing and facilitating the work of people organized in formal
groups in order to achieve objectives. Judicious or wise use of resources (manpower,
material,money,equipment,
supplies and time).

Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience
upward, through the department.

Authority - the right to command and control the behavior of employees in lower positions
within an organizational hierarchy. Must be viewed in terms of prescribed roles rather than of
individuals.

Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting

Principles of efficient Management

* Division of work - work specialization can increase efficiency with the same amount of effort.
* Authority and Responsibility- authority includes the right to command and the power to
require obedience. One can not have authority without responsibility.
* Discipline - necessary for an organization to function effectively, however, the state of the
disciplinary process depends upon the quality of its leaders.
* Unity of Command - subordinate should receive orders from one superior only.

* Scalar Chain - the hierarchy of authority is the order of ranks from the highest to the lowest
levels of the organization. Shows the vertical hierarchy of the organization which defines an
unbroken chain of units from top to bottom describing explicitly the flow of authority.

Organizational Units in the Police Organization

1. Functional Units

Bureau - the largest organic functional unit within a large department; comprised of several
divisions.

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Division - a primary subdivision of a bureau.
Section - functional unit within a division that is necessary for specialization.
Unit - functional group within a section or the smallest functional group within an organization.

2. Territorial Units

Post - a fixed point or location to which an officer is assigned for duty.

Route - a length of streets designated for patrol purpose, also called line beat.
Beat - an area designed for patrol purposes whether foot or motorized.
Sector - an area containing two or more beat, route or post.
District - a geographical subdivision of a city for patrol purposes, usually with its own station.
Area - a section or territorial division of a large city each comprised of designated districts.

POLITEIA – Greek word which means government of the city

POLITIA – Roman word which means condition of the state or government
POLICE – French word which was later adopted by the English language

THEORIES OF POLICE SERVICE

1. HOME RULE THEORY
- policemen are regarded as servants of the community, who rely for the efficiency of their
functions upon the express needs of the people. policemen are civil servants whose key duty is
the preservation of public peace and security.

2. CONTINENTAL THEORY - policemen are regarded as state or servants of the

higher authorities . the people have no share or have little participation with the duties nor
connection with the police organization.

CONCEPTS OF POLICE SERVICE

1. OLD CONCEPT - police service gives the impression of being merely a suppressive
machinery . this philosophy advocates that the measurement of police competence is the
increasing number of arrests,throwing offenders in detention facilities rather than trying to
prevent them from committing crimes

2. MODERN CONCEPT
- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services

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 and has for its mission the welfare of the individual
as well as that of the community in general.

EARLY POLICING SYSTEM

1. KIN POLICING
- the family of the offended individual was expected to assume responsibility for justice
- the family of the victim was allowed to exact vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose duties include guarding of the tombs
and apprehending thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called VIGILES OF ROME, or VIGILES URBANI
(watchmen of the city), which had the primary task of firefighting and policing
- the Vigiles acted as night watch, apprehending thieves, keeping an eye out for burglars and
hunting down runaway slaves, and were on occasion used to maintain order in the streets
- the Vigiles dealt primarily with petty crimes and looked for disturbances of the peace while
they patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a special force of guards used by
Roman Emperors as the Emperors' personal guards
- as personal guards of the Emperor, their primary duty was to protect the Emperor from
assassination and other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE, which is the origin of the word
“sheriff”
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the gates
- during trouble, the watchman would raise a “HUE AND CRY”, a call to arms where the rest
of the parish would stop what they were doing and come to the aid of the constable.

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MODERN POLICING SYSTEM

1) ENGLAND
a. BOWSTREET RUNNERS - a group of men organized to arrest offenders.
- organized by Henry Fielding, a magistrate in London,in 1749 in London, England.
- the name was adopted from the name of the street where the office of Henry Fielding was
located.
- when Henry Fielding retired as magistrate, he was replaced by his blind brother, John
Fielding
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in London England, called the
Metropolitan Police
Service.
- this law was passed through the initiative of Sir Robert Peel, a member of the Parliament
- the headquarters of the Metropolitan Police Service is the Scotland Yard, now known as
the New
Scotland Yard

SIR ROBERT PEEL - recognized as the father of modern policing system.

2. UNITED STATES OF AMERICA

a. NEW YORK POLICE DEPARTMENT
- created in 1845 in New York, USA
- recognized as the first modern style police department in the US.
- the largest police force in the world
- modeled after the Metropolitan Police Service of London
b. BOSTON POLICE DEPARTMENT
- the oldest police department in the US
- the first night watch was established in Boston in 1631.
- formally founded in May, 1854.

AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his
contributions in the development of the field of criminal justice in the US
- author of the book, Police Administration, which served as the basic guide in the administration
of the police organization in the US
- was the first police chief of Berkeley, California.

Important Personalities in the Evolution of Philippine Policing

Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.

41
Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.
Col. Lambert Javalera - the first chief of police of the Manila Police Department after the
Philippine Independence from the United States of America in 1946
Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.

Important dates in the history of modern Philippine Policing

• 1901 - ACT no. 175 of the Philippine Commission established the Philippine
constabulary on august 8, 1901.
• 1905 - the Philippine constabulary school was established at the sta.lucia barracks in
Intramuros on February 17, 1905.
• 1908 - the Philippine constabulary school was transferred to Baguio City.
• 1916 - the Philippine constabulary school was renamed academy for officers of the
Philippine constabulary.
• 1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province,
became the first Filipino chief of the Philippine constabulary.
• 1926 - the academy for officers of the Philippine constabulary was renamed Philippine
Constabulary Academy.
• 1936 - the Philippine Constabulary Academy became the present day Philippine Military
Academy.
• 1938 - The Philippine Constabulary became the existing and organized national police
force of the country pursuant to commonwealth act no. 343 dated June 23, 1938 and EO
no. 389 dated December 23, 1950. This decree integrated local police forces into the
Philippines constabulary operational and organizational set up.
• 1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the
Police Commission (POLCOM).
• 1972 - The POLCOM was reorganized as the National Police Commission.
• 1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975. The
Integrated National Police was established with the Philippine Constabulary as nucleus
under the Department of national Defense. The NAPOLCOM, originally under the office
of the President was transferred to the Ministry of National defense.
• 1985 - The National Police Commission was returned to the office of the President
pursuant to E.O 1040.
• 1989 - Executive order 379 placed the Integrated national Police directly under the
command, supervision and control of the President. This order vested the NAPOLCOM
with the powers of administrative control and supervision over the Integrated National
Police.
• 1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National
Police under a reorganized Department of the Interior and Local Government (DILG). A
new National Police Commission was created under the DILG.
• 1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as
the Philippine National Police reform and reorganization act of 1998. This act
strengthened and expanded NAPOLCOM,s authority over the PNP to include
administration of police entrance examination and conduct pre-charge investigation
against police anomalies and irregularities and summary dismissal of erring police
members.
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FUNCTIONS IN A POLICE ORGANIZATION

1. PRIMARY OR LINE FUNCTIONS

- functions that carry out the major purposes of the organization, delivering the services and
dealing directly with the public
- the backbone of the police department
- examples of the line functions of the police are patrolling, traffic duties, crime investigation

2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line functions and assist in the performance of the
line functions
- examples of the staff functions of the police are planning, research, budgeting and legal advice

3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the organization
- examples are training, communication, maintenance, records management, supplies and
equipment management

ORGANIC UNITS IN A POLICE ORGANIZATION

1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice control,
2. ADMINISTRATIVE UNITS
- those that perform the administrative functions examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records management,supplies.

BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM

The institution of police in the Philippines formally started during the Spanish period. The
establishment of
the police force was not entirely intended for crime prevention nor peacekeeping. Rather, it was
created as an
extension of the colonial military establishment.

Ancient Roots

The forerunner of the contemporary police system was the practice of barangay chieftains to
select able-bodied young men to protect their barangay during the night and were not required to

43
work in the fields during daytime.Among the duties of those selected were to protect the
properties of the people in the barangay and protect their crops and livestock from wild animals.

Spanish Period

Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the
regulations
of the Department of State; this was armed
and considered as the mounted police; years after, this kind of police organization discharged the
duties of a port, harbor and river police.

Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January
1836, this decree provided that 5% of the
able-bodied male inhabitants of each province were to be enlisted in this police organization for
three years

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of their work in policing towns,it consisted of a
body of Filipino policemen organized originally in each of the provincial capitals of the central
provinces of Luzon under the Alcalde Mayor

American Period

The Americans established the United States Philippine Commission headed by General Howard
Taft as its first governor-general. On January 9, 1901, the Metropolitan
Police Force of Manila was organized pursuant to Act No 70of the Taft Commission. This has
become the basis for the celebration of the anniversary of the Manila’s Finest every January 9th.

ACT NO 175 – entitled “An Act Providing for the Organization and Government of an Insular
Constabulary”,enacted on July 18, 1901.

Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father of
the Philippine Constabulary.The first chief of the Philippine Constabulary in 1901.

ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901.

CAPT GEORGE CURRY - the first chief of police of the Manila Police Department in 1901.

Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary,
enacted on October 3, 1901

Executive Order 389 – ordered that the Philippine Constabulary be one of the four services
of the Armed Forces of the Philippines, enacted on
December 23, 1940.

Post-American Period

44
RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted on
September 8, 1966; created the Police Commission (POLCOM) as a supervisory agency to
oversee the training and professionalization of the local police forces under the Office of the
President; later POLCOM was renamed into National Police
Commission (NAPOLCOM).

Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975,enacted on August 8, 1975;

established the Integrated National Police (INP) composed of the Philippine Constabulary (PC)
as the nucleus and the integrated local police forces as components, under the Ministry of
National Defense - transferred the NAPOLCOM from the Office of the
President to the Ministry of National Defense

Post Martial Law Regime

Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality; issued on July 10,
1985

Executive Order No 1040 – transferred the administrative control and supervision of the INP
from the Ministry of National Defense to the National Police Commission

RA 6975 – otherwise known as the Department of the Interior and Local Government Act of
1990, enacted on December 13,1990; reorganized the DILG and established the Philippine
National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology and the
Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.

RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum
educational qualification for appointment to the PNP and adjusting the promotion system
thereof,amending for the purpose pertinent provisions of RA 6975 and RA 8551 and for other
purposes.

Memorize the following:

45
1.Organize - it means planning the work of the department and of the personnel in an orderly
manner.
2.Oversee - It means that the supervisor ensures that the work that has been organized and
delegated is satisfactorily completed
3.Delegate - It means giving someone else the responsibility and authority to do something.
4.Precinct - the primary geographic subdivision of the patrol operation bureau.
5.Post - Fixed geographic location usually assigned to an individual officer.
6.Shift - one of several tours of duty.
7.Beat - the primary subdivision of a sector.
8.Sector - the primary geographic subdivision of a precinct.
9.Unit - subdivision of a section.
10.Squad - a subdivision of a unit.
11.Detail - a subdivision of a squad.
12.Section - a primary subdivision of a bureau with a department wide responsibility for
providing a specific specialized functions.

Uniform Crime Reporting - A nationwide, cooperative statistical effort of law enforcement

agencies voluntarily reporting data on crimes brought to their attention.
Crime spot map - It post the location of murder's,rapes robberies,carnapping and other major
crimes of the locality.
Traffic spot map - It post the the motor vehicle and pedestrian accident which occur in the
area.
Spot map - Useful to indicate the traffic accidents and crime location.

The Professional Criminologists Association of the Philippines (PCAP) was accredited by PRC
on March 25, 1990 as the professional organization for criminologists in the country.

The Board of Examiners for Criminology was created on July 1, 1972, pursuant to Republic Act
No. 6506 entitled “An Act Creating the Board of Examiners for Criminologists in the
Philippines and For Other Purposes.”

14. The first Board, constituted in 1987, was composed of

1. Dr. Sixto O. de Leon as Chairman
2. Atty. Virgilio B. Andres as member
3. Jaime S. Navarro as member

Republic Act No. 6506 - An Act Creating the Board of Examiners for Criminologists in the
Philippines and for Other Purposes.

46
Lourdes W. Aniceto - the present chairman of the board of criminology.
Ernesto V. Cabrera - the present member of the board of criminology.

10 - Number of staff directorate in the Philippine National Police?

3 Star General- What is the rank of the PNP Chief of the Directorial Staff?

Home Rule Theory - This theory of Police service is followed by the PNP.

Act 183 - This law organized the Manila Police department.

Medalya ng Kagitingan- Highest award in the PNP.

56- PNP's mandatory retirement age.

- Optional retirement requires the approval of the Napolcom

Administration of Police Organization Definition of Terms

RA 4864 - established Napolcom.Known as police act of 1966.

Rafael Crame - first filipino chief of the constabulary.

Suspension - a consequence of an act which temporarily deprives an officer

from the privilege of performing his duties as result of violating directives
or other department regulations.

Unit - functional group within a section; or the smallest functional group

within an organization.

CPCDI1 FUNDAMENTALS OF CRIMINAL INVESTIGATION

47
Lex Taliones (Law of Retribution) - principle where the punishment of an offender was equal to
what he did. The principle also refers to the concept known as, “An eye for an eye and a tooth for
a tooth.”
Ten tithing. This was done by grouping a hundred of persons into one under the charge of a High
Constable.
Tithing. This was performed by grouping ten persons to protect one another and to assume
responsibility for the acts of the group’s members. The one who heads the group was called
Chief.
The Time of Christ (Rome)
1. Praetorian Guard. This guard was considered to be the first police officer in Rome, with the
job of protecting the palace of Rome and the emperor.
2. Praefectus Urbi. The function of the Praefectus Urbi was to protect the city, exercising both
executive and judicial power.
3. Vigiles of Rome. The Vigiles began as the fire fighters, granted with low enforcement
responsibilities and patrolled Rome’s streets day and night. They were considered as a civil
police force designed to protect citizens. They were considered quite brutal and it is where the
word “Vigilante” came from.
Jonathan Wild (England) - He was a buckle maker and a brothel operator and a master criminal
who became the London’s most effective criminal investigator.
1749 Henry Fielding- He founded the Bow Street Runners. This was called London’s first
professional police force (originally numbered just eight) and was considered as the foundation
of all modern police forces.
1811 Eugene “Francois” Vidocq (France) - Father of Modern Criminology in the French
Police Department. He was also regarded as the first private detective
Sir Robert Peel -established the London Metropolitan Police Force (LMPF), which became the
world’s first organized police force.
Scotland Yard- employed the first undercover officer.
Texas Ranger -was organized as the first law enforcement agency with statewide
investigative authority. This is the forerunner of the Federal Bureau of Investigation
Kate Wayne - was the first woman detective in the history of criminal investigation. She was
hired by the Pinkerton Agency and contributed to solving big cases in the United States of
America.
Thomas Byrnes - was a keen-minded individual who trained his detectives in recognizing
individual criminal techniques. He founded the criminal “modus operandi”. This is a Latin
phrase, approximately translated as “Method of Operation”. The term is used to describe
someone’s habits of working particularly in the
context of business or criminal investigation.

1847-1915 Dr. Hans Gross - He is also recognized today as the Father of Criminalistics/Forensic
Science.

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Alphonse Bertillon- He was considered the founder of Criminal Investigation as well as the
Father of Personal Identification

Miranda Rights - It originated from the American Jurisprudence. Mr. Ernesto Miranda, a Latino
who was accused of kidnapping and rape in the State of Arizona. The Arizona Police
interrogated him exhaustedly leading to his confession. Based on his confession, he was charged,
tried, and convicted.

1987 Phil. Constitution (Sec. 6, Art. 16)- The state establishes and maintains one police force,
which shall be
national in scope and civilian in character, to be administered and controlled by the National
Police Commission. “The authority of the local executives over the police shall be provided by
law.”

Republic Act No. 7438

An act defining certain rights of person arrested, detained and/or under custodial investigation as
well as the duties of the arresting, detaining, and investigating officers and providing penalties
for violation thereof (see
Appendix B).

Investigation - is the act or process of investigating or the condition of being investigated. It also
refers to search
or inquiry for asserting facts, detailed or careful examination. Investigation came from the Latin
term
‘investigat’, which means “to inquire or to discover” during the 5th century.

Criminal investigation- is defined as the collection and analysis of facts/truths about persons,
things, places that are subjects of a crime To identify the guilty party, locate the whereabouts of
the guilty party, and provide admissible pieces of evidence to establish in the guilt of parties
involved in crime (Cael

THREE ELEMENTS OF CRIME

1. Motive - is the moving power or force which compels a person to commits acts towards a
definite result. Generally, motive is immaterial in incurring criminal liability; it is intent which is
material.

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2. Opportunity - is the chance, or the time given to the offender in committing the crime. Without
such chance opportunity given to defender, there could be no crime committed. In many
instances, the victims are the ones making opportunity for the offender to commit such crime.
3. Instrumentality - or capability involves the use of materials in other means which are essential
in the commission of the crime. Thus, crime will occur if all the elements of the crime exist.
Further, if one of the elements of the crime is absence then crime will not and will never happen.

MODES OF INVESTIGATION
1. Reactive mode of investigation - addresses crimes that already happened or occurred.
2. Proactive mode of investigation- identifies and arrests suspects before crime will happen. It is
designed to catch a criminal in the act of committing a crime rather than waiting until a crime is
reported by a concerned citizen.

Dr. Hans Gross - who said that criminal investigation is 95% perspiration, 3% inspiration and
2% luck.

Criminal investigator - refers to the person who performs an investigation. Criminal investigator
is also known as prober and is considered as the superstar in the
process of investigation (Cael & Agas, 2000).

Police detective- refers to PNP uniform personnel who was previously certified as a police
investigator but was able to complete 18 units of Master’s Degree, and completed the police
detective course (PDC) , and acquired the requisite experience relating to investigation of cases
and appearance in court duties to support the
successful filing and prosecution of offense. (NAPOLCOM Circular
No. 2013-002).

Basic Element of Criminal Investigation

First Element: Recognition

Recognition involves the efforts of identifying data, including physical things that
may provide relevant information regarding the criminal case being investigated. That
is why recognition is otherwise known as identification stage of investigation. The earlier
the significant facts are identified, the sooner the case will be solved
Second Element: Collection Collection - refers to the gathering this identify data or
facts, or physical things that are significant to the case under investigation. Collection may be
done by scraping the

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bloodstains found at the crime scene, interviewing the neighbor who saw the burglary, or
examination of drug
dealer’s bank book.

Third Element: Preservation

Preservation is a function that is almost simultaneously performed during the collection stage. It
includes the act of keeping the collected pieces of evidence in their true an original form,
preventing contamination or destruction of their substantive value.

Fourth Element: Evaluation

Evaluation refers to the process of determining the probative value of the
evidence. Probative value refers to the strength of the evidence or its worth or weight in
successfully establishing a proof that a crime has in fact been committed and that the
suspect or accused is the one who is responsible for it.

Fifth Element: Presentation

Presentation is primarily manifested in the courtroom. The investigator, with the help of the
prosecutor, must be able to present facts and information in a very simple and convenient matter
in order to convince the court and other parties involved in the criminal case about the validity
and truthfulness of the evidence they are
trying to prove or establish

Interviewer - refers to a person who conducts interview.

Interviewee - refers to a person being interviewed.
Interrogator - is the person who performs skillful questioning of hostile witness and suspects for
purpose of obtaining confession or admission.
.Interrogee - is the subject of interrogation whether a suspect or a victim. Suspect - denotes any
person associated to the commission of a crime.
suspect- may also refer to any person whose guilt is considered on reasonable ground to be a
practical possibility.
Witness- is a person other than the suspect, who is requested to give information concerning
and incident. \
INTERVIEW - It is a simple questioning of a person who cooperates with the investigator.
INTERROGATION - It is questioning somebody closely, often in an aggressive manner.

Type of Witness

1. Know-nothing Type. This is a reluctant type witness. It is found among the

51
uneducated and of low level of intelligence. The technique to be applied is to
be with their level of intelligence and by interrogation.
2. Disinterested Type. These are the first to an uncooperative and indifferent
subject period to deal with this type is to find out his/her field of interest so
that he or she will talk. His/her indifference should be demolished to arouse
interest or be flattered instead.
3. The Drunken Type. The style of questioning by the investigator should be
adapted to the psychology of the subject. When the drunken subject has
sobered, another interview will be conducted, confronting him/her about
disclosures while in the state of drunkenness. The written statement must be
taken during his/her sobriety.
4. Talkative Type. This is a witness who is prone to exaggerate, adding relevant
or new matters to their narration. The skillful investigator could prune the
unnecessary matters from the relevant ones.
5. Honest Witness. This is the truthful in cooperative witness where the
investigator could rely upon, with little or no problem in handling them.
6. Deceitful Witness. This is a liar type of witness. Let him/her lie and order later
to repeat several times the narration. He or she will be enmeshed in
contradictions. If possible, the lies must be tape recorded for the confrontation
about the contradiction. Pressure him/her for possible cases of perjury or
obstruction of justice and he or she will tell the truth.
7. Timid Witness. This is a shy witness. The approach must be friendly and
reassuring confidentiality of the information. It should be hidden from the
devouring press by interviews or photo sessions.
8. Refusal to Talk Witness. This is the most difficult subject to deal with period
find out the reasons of his/her personality such as trauma, shock, fear,
hatred, and others. Remove these fetters of silence so that he or she will start
talking (Garcia, 2004).

Interrogation is the vigorous in confrontational questioning of a reluctant suspect

about his/her participation in the commission of crime. It is confrontational in the sense
that the investigator places the guilt on doc used. This process could also be applied to
an uncooperative or recalcitrant suspect or witness.
CONFESSION - There is declaration of the person (accused). The accused acknowledged
guilt from the
ADMISSION- There is a statement of the person (accused) The person only agreed on facts
or circumstances of the crime. There is no acceptance of guilt
KINDS OF CONFESSION
1. Extra Judicial Confession. It is a confession that is made by the suspect during
custodial investigation or those confessions that are made outside of the court.

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2. Judicial Confession. This is made by the accused in open court. This plea of guilt maybe made
during arrangement or any stage of the proceedings where the accused changes plea of not guilty
to guilty.
Arrest - is the taking of a person into custody in order that he or she may be bound to answer for
the commission of an offense (Sec., 1, Rule 113, Rules of Court).
Arrest warrant - is an order in writing issued in the name of the People of the Philippines signed
by a judge
directed to a peace officer, commanding him/her to arrest the person designated and take him
into custody of the law in order that he or she may be bound to answer for the
commission of an offense.

Probable Cause - refers to the evidence that warrants a person of reasonable caution in the belief
that a crime was committed.
John Doe Warrant - is a warrant containing no specific person to be arrested but only
descriptions based on the testimonies of the victim/s or the witnesses.

Periods of Delivering a Person to Proper Judicial Authority (Art. 125, Revised Penal Code 1):

If he was arrested without warrant for the commission of a crime, he can be

detained for:
a) Twelve (12) hours if the crime is punishable by Arresto Menor (prison
term for 1 to 30 days), public censure, fine below PHP 200.
b) Eighteen (18) hours if the crime is punishable by Prision Correccional
(prison term from 6 months and 1 day to 6 years), Arresto Mayor
(prison term from 1 month and 1 day to 6 months), suspension,
Destierro, Fine from PHP 200 to PHP 6,000.
c) Thirthy-six (36) hours if the crime is punishable by Reclusion Perpetua
(Literally life imprisonment. But pardon is provided by law after 30
years of service) Reclusion Temporal (prison term from 12 years and 1
day to 20 years), Perpetual or Temporary Absolute Disqualification,
Prison Mayor (prison term from 6 years and 1 day to 12 years), Fine
exceeding PHP 6,000 (Article 124, Revised Penal Code II).

Raid - is a surprise invasion of a building or area. It is a small scale attack of a limited territory.
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact (Sec 1, Rule 128, Rules of Court).

Types of Evidence in Criminal Investigation

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1. Physical (also known as object, autoptic, or real evidence). - These are physical objects used
as evidence which are obtained through searches at the scene of the crime. Articles and materials
found in connection with investigation, which aid in establishing the identity of the perpetrator
are known as physical evidence,
legally, object evidence refers to evidence made known or addressed to the senses of the court. It
is not limited to that which is known through the sense of vision but is extended to what the
sense of hearing, taste, smell and touched.
On the investigator’s viewpoint, the following are the different types of physical evidence:

a) Corpus Delicti Evidence. The refers to objects or substances which may be part of the body of
the crime. The body of the victim, prohibited drugs recovered from a person, dagger with blood
stains or fingerprints
of the suspect, stolen motor vehicle by plate number and by body or engine serial number are
examples of corpus delicti evidence
b) Associative Evidence. These are pieces of physical evidence which link a person to a crime.
The offender may leave clues at the scene such as weapons, tools, garments, fingerprints or foot
impression. Broken
headlights glass found at the crime scene in ‘’hit in run” homicide may be associated with the car
found in the repair shop. Wearing apparel of the offender and other articles of value may be
recovered where the
crime of rape was committed.
c) Tracing Evidence. These refers to evidence that may assist the investigator in locating the
suspect. Aircraft of ship manifest, physician’s clinic record showing medical treatment of suspect
for injuries sustained in an encounter; blood stains recovered from the area traversed by the
wounded suspect infer direction of the movement are examples of tracing evidence.
2. Testimonial Evidence. This is the product of interview and interrogation from which witness’
smell, hear, taste and touch are being described through oral and written testimony. Testimonial
evidence also includes the testimony of a physician who may be commanded to appear before a
court as an ordinary witness and/or as an expert witness.
a) Ordinary Witness. Any person who perceived the commission of a crime and testified before
the court is just considered as an ordinary witness
b) Expert Witness. A person is deemed as an expert witness if his/her testimony concerning the
investigation of crime is based on his/her training and experience. For example, a physician who
confirmed before the court the cause of death of the victim is considered as an expert witness.
3. Documentary Evidence. Documentary evidence refers to writing, including official records, or
contents “could speak for themselves” when read by the investigators and the court.

Legal Classification of Evidence

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Direct Evidence. This proves the fact in dispute without the aid of any inference
of presumption. The evidence presented corresponds to the precise or actual point at issue.
Circumstantial Evidence.- The proof of fact or facts from which, taken either singly or
collectively, the existence of a particular fact in dispute may be inferred as a necessary o
probable consequence.

1. Prima Facie Evidence. This evidence suffices for the proof of a particular fact until
contradicted by other evidence.
2. Conclusive evidence. This evidence is incontrovertible or one which the law does not allow to
be contradicted. It is an insurmountable evidence.
3. Corroborative Evidence. This evidence is of different kind and character as that already given
and tends to prove the same proposition.

Cumulative Evidence. This evidence is of the same kind and character as that already given and
tends to prove the same proposition.
Object Evidence. This evidence is addressed to the senses of the court and is capable of being
exhibited to be examined or viewed by the court. In the case of People of the Philippines v.
Pablo, it was decided by the court that physical evidence speaks more eloquently than a hundred
witnesses.
2. Documentary Evidence. This refers to an evidence supplied by written instruments or derived
from conventional symbols and letter by which ideas are represented for material substances.
3. Testimonial Evidence. This evidence is either verbal or oral. It is an evidence which consists
of the narration or
deposition by one who observed or has personal knowledge of that to which he/she is testifying.
4. Positive Evidence. This evidence exists if the witness affirms that a fact did or did not occur. It
is entitled to greater weight since the witness represents his/her personal knowledge about the
presence or absence of a fact.
5. Negative Evidence. This evidence exists if the witness states that he/she did not see or know
of the occurrence of a fact and there is total disclaimer of personal knowledge.

Personal Identification through Anthropometry

- This is also known as Bertillon system devised by Alfonse Bertillon. This method uses
anthropometrical measurement of the human body as the basis of identification. In addition,
Bertillon was the first person to introduce portrait parle as an aid in identification (Solis, 1987).

Crime Scene is said to be a “treasure island” in criminal investigation.

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Types of Crime Scene
1.Indoor Crime Scene. This crime entails that the offender committed the crime in an enclosed
place; crime could have been committed in a room or inside the house but not necessarily the
house of the victim.
2. Outdoor Crime Scene. This crime scene is located in an open area. It could be inside the
vehicle, airship, and vessel.
3. Continuing/ Running Crime Scene. This crime scene has mixed location from indoor to
outdoor or vice-versa, or continuing outdoor alone, or from one place to another of the same
jurisdiction, or from one place crossing to another area of jurisdiction.

CRIME SCENE SEARCH PATTERNS

1. Spiral/Circle Method. The searchers follow each other the path of a spiral, beginning from the
outside and spiraling in towards the center. Wheel method can be conducted in two ways call in
the Inward Spiral or Centripetal Method is usually employed by one or two investigators and is
done slowly and methodically
1. Spiral/Circle Method. The searchers follow each other the path of a spiral, beginning from the
outside and spiraling in towards the center.
3. Line Search. This is a variation of the strip search, where multiple surgeries follow a single
strip in one direction, while on-line with each other.
4. Double Strip/Grid Search. This is another variation on the strip search. Searchers follow strips
in one direction, then cut across the scene in another set of strips, oriented 90 degrees to the first.
5. Zone or Sector Method. The area to be searched is divided into quadrants and each searcher or
a group
of searchers is assigned to the quadrant.
6. Wheel Method (also known as Pie or Spoke Method). This type of searching the crime scene
is applicable to areas which are circular in size or area.

Surveillance is defined as the discreet observation of persons, places, and bagels for the purpose
of obtaining information concerning the identities or activities of criminals.

Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts
concerning the matters involved . it is the process of inquiring, eliciting, soliciting and getting
vital information, facts, circumstances in order to establish the truth.

Criminal Investigator - a public safety officer who is tasked to conduct the investigation of all
criminal cases as provided for and embodied under the revised penal code, criminals laws and
special laws which are criminal in nature.

56
Custodial Investigation - investigation conducted by law enforcement officers after a person
has been arrested or deprived of his freedom of action.

Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases which is
often overlooked. The objective is to identify and interview in person all individuals in the area
where the victim was kidnapped or last known sighting area during the window of
opportunity.(last time seen until the time discovered missing.
Crime scene - a venue or place where the alleged crime/incident/event has been committed.

Corpus delicti - (latin for the body of the crime) - used to describe the physical or material
evidence that a crime has been committed. ex. corpse of a murder victim.

Confession - is an express acknowledgement by the accused in a criminal prosecution of the

truth of his guilt as to the offense charge.

Admission - refers to statement of facts not directly constituting an acknowledgement of guilt.

Organized criminal group - a structured group of three or more persons existing for a period of
time and acting in concert with the aim of committing one or more serious crime or offenses.

Organized crime - a combination of two or more persons who are engaged in a criminal or
virtual criminal activity on a continuing basis for the purpose of profit or power using gangland
style to attain their purpose.

Physical evidence - evidenced addressed to the senses of the court that are capable of being
exhibited, examined or viewed by the court. This includes but not limited to fingerprints, body
fluid, explosives, hazardous chemicals, soil/burned debris, bombs, electronic parts used in the
commission of the crime.

Victimology/victim profiling - a detailed account of the victims lifestyle and personality, assist
in determining the nature of the disappearance, the risk level of the victim and the type of person
who could have committed the crime. Complete information regarding the victims physical
description, normal behavior patterns, the family dynamics and known friends and acquintances
should be obtained as soon as possible.

Miranda vs. Arizona - Ernesto Miranda had confessed to rape and kidnapping, after two hour
interrogation. Because the interrogators failed to inform Miranda of his right to counsel and
remain silent, his conviction was overturned.

Waterboarding - refers to the practice of strapping a suspect to a board with his or her head
lowered, then the face is covered and water is poured over it causing the suspect to gag and
experience the sensation of drowningChinese water torture - interrogation technique,

57
repeatedly dripping water on the forehead of the suspect. The goal is to drive the suspect to near
insanity thereby obtaining a confession.

Serial Killer - is someone who murders 3 or more people with "cooling off" periods in between.

Police Blotter - is an 18" x 12" logbook with hard bound cover that contains the daily register of
all crime incident reports, official summary of arrests and other significant events reported in a
police station. A separate police blotter shall be maintained for offenses requiring confidentiality
like violence against women and children and those cases involving a child in conflict with the
law to protect their privacy pursuant to RA 9262 (anti violence against women and children act
of 2004) and RA 9344 ( juvenile justice and welfare act of 2006).

Actus Reus - proof that a criminal act has occurred.

Sketch - a rough drawing or painting, often made to assist in making a more finished picture.

Types of Sketches
1. Floor plan (Birds Eye View)
2. Elevation Drawing
3. Exploded View
4. Respective Drawings

Allan Pinkerton - a Scottish american detective who created the Pinkerton National Detective
Agency, the first detective agency in the US.Pinkerton foiled a plot to assassinate President
Lincoln.

Rouges Gallery - is a police collection of pictures or photographs of criminals and suspects kept
for identification purposes.A compilation of descriptions, methods of operation having places
and names of criminal and their associates.

Mugshot - is a photographic portrait taken after one is arrested.

Criminal investigation - it is the collection of facts in order to accomplish the three fold aims:

Tools of an investigator in gathering facts

1. Information - data gathered by an investigator and other person including the victim himself
and from:
1. public records
2. private records
3. modus operandi file
2. Interview - skillful questioning of witness and suspects.
3. Instrumentation - scientific examination of real evidence, application of instruments
and method of physical sciences in detecting crime.

Interrogation - or questioning witness or suspect who is reluctant to divulge or reveal

information with the goal of extracting a confession or obtaining information while an Interview
is simple questioning of a person who cooperate with the investigator

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 Mens Rea - Latin term for criminal intent

PHILIPPINE NATIONAL POLICE MANUAL

REPUBLIC ACT 6975 “Department of the Interior and Local Government Act of 1990”

To Serve and Protect- The responsibility of every police officer is to serve the public and protect
life and property.

Categories of Police Operations

Patrol Operations - The most basic police function and known as the backbone of policing.
Law Enforcement Operations. - Include service of warrant of arrest, implementation of search
warrant, enforcement of visitorial powers of the Chiefs of Police, and other anti-criminality
operations
Internal Security Operations- . Include counterterrorism operations and similar operations against
other threat groups that are conducted to ensure internal security.

Public Safety Operations- Include critical incident management procedures, search, rescue and
retrieval operations, hostage situation, civil disturbance management operation, management of
health hazards and other operations that promote public safety

Special Police Operations.- Include high-risk checkpoint and roadblock operation, police
assistance in the implementation of order from the court and other quasi-judicial bodies, security
to major and special events, aircraft hijacking operations, visit, board, search and seizure of
marine vessels, and similar police operations that are conducted by police units with specialized
training on the peculiarity of the mission or purpose.

Investigation Operations-. Include investigation of crime or incident, Scene of the Crime

Operations (SOCO), administrative investigation and other investigative work necessary to
determine facts and circumstances for filing cases criminally or administratively

Police Community Relations. -Include three interrelated dimensions to accomplish its mission
namely: community affairs and development, public information, and information development
operations to forge partnership and strengthen collaboration and linkages with the community

Three Approaches on The Use of Force Continuum

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1.Non-Lethal Approach. This involves the police presence in crime-prone areas and the
employment of activities or actions to persuade and/or request cooperation of people particularly
suspects and law offenders to police instructions and other control efforts.
2) Less Lethal Approach. This involves the employment of less lethal equipment that do not
cause serious injury and/or death and that less physical measures have been tried and deemed
inappropriate purposely to ensure cooperation, compliance or surrender. The age, gender and
health condition of offenders shall be considered before the employment of less lethal
equipment.
3) Lethal Approach. This involves the employment of lethal equipment usually as last resort.
Lethal force will only be employed when all other approaches have been exhausted and found to
be insufficient to thwart the life-threatening actions or omissions posed by armed suspect or law
offender. This approach carries with it the greater responsibility as it may result to severe injury
and serious bodily harm and/or death.

Stopping.- The police officer may stop a person only when there is genuine reason to believe,
based on experiences and the particular circumstances that a criminal activity may be afoot.

Body Frisking (Pat-Down Search). - A police officer has the right to perform body frisking if the
person has been stopped with genuine reason to believe that he/she carries weapon/s and poses a
threat to the police officer’s or another person’s safety
The warrant of arrest - is the written authority for the arresting officer when making an arrest or
taking of a person into custody in order that he/she may be bound to answer for the commission
of an offense

The warrant shall be valid for ten days from date of issuance and may be served at any day
within the said period. Thereafter, it shall be void

The warrant should be served during daytime, unless there is a provision in the warrant allowing
service at any time of the day or night.

The Philippine Drug Enforcement Agency (PDEA- is mandated by law to carry out the
provisions of Comprehensive Dangerous Drugs Act of 2002 (RA 9165), as amended by RA
10640
The Anti-Kidnapping Group (AKG) - is the PNP’s lead unit in the conduct of anti-kidnapping
operations in close coordination with the LPU, other law enforcement agencies and the
community

Blue Blotter.- Contains the daily registry of all crime incident reports, official summaries of
arrest, and other significant events reported in a Police Station/Unit;

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Pink Blotter.- Contains the daily registry of all crime incident reports involving Violence
Against Women and Children, Trafficking in Person, and other Gender-Based Violence such as
those provided for in PNP policies and Philippine laws

Preliminary Investigation- This is an inquiry or proceeding to determine whether there is

sufficient ground to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for trial.

Abduction - the elements constituting the crime of abduction are: (1) the person kidnapped must
be a woman; It is immaterial if she is a widow, a married woman, or virgin, as all three classes
are comprised within the generic term of “woman”; (2) The crime must be committed against her
will; (3) It must be committed with unchaste designs, that is, with the intention of lying with the
woman.

Accreditation - process of granting recognition to an organization that had passed or complied

with the requirements or standard set forth by the accrediting office. Affidavit - summary
judgment. The kind of affidavit necessary to support a summary judgment is that affidavit from
which it may be clearly drawn that certain facts pleaded by either party are certain, undisputed
and indubitable which dispense with the hearing or trial of the case.
Ambassador - a person who have been appointed as chief of mission and have served as
Ambassador Extraordinary and Plenipotentiary.

Arrest - it is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
Arson - is defined as the intentional or malicious destruction of a property by fire. It is also
defined as the criminal burning of property.
Assault - the term “assault” in Sec. 87 (b) (2), Judiciary Act, on the original jurisdiction of
Municipal Courts, means physical injuries. It does not refer to the crime of direct assault in Art.
148 of the Revised Penal Code
. Attempt - Intent is a quality of the mind and implies a purpose only, while attempt implies an
effort to carry that purpose into execution.
Authority - a person or persons, or a body, exercising power or command; for those upon whom
the people have conferred authority

Bag and Tag - process of identifying, labelling and securing electronic devices seized from
cybercrime scene.

Bail - the word “bail” as used in the prohibition against excessive bail is inadequately translated
by the word “fianza”, as bail implies a particular kind of bond that is to say, a bond given to
secure the personal liberty of one held in restraint upon a criminal or quasi criminal charge.

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Buy Bust Operation - is an entrapment technique employed by a peace officer as an effective
way of apprehending a criminal in the act of the commission of the offense.

Chain of Custody - the duly recorded authorized movements and custody of seized drugs or
controlled precursors and essential chemicals or plant sources of dangerous drugs or laboratory
equipment at each stage, from the time of seizure/ confiscation to receipt in the forensic
laboratory to safekeeping to presentation in court and destruction.

Child/Children - shall refer to a person below 18 years of age or one over said age and who, upon
evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of
taking care of himself fully because of a physical or mental disability or condition or of
protecting himself from abuse as defined under RA 7610. In relation to RA 9262, it includes the
biological children of the victim and other children under her care.

Child Abuse - refers to the infliction of physical or psychological injury, cruelty to or neglect,
sexual abuse or exploitation of a child.

Child in Conflict with the Law (CICL) - refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws

Child at Risk (CAR) - refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances

Child Involved in Armed Conflict (CIAC) - refers to a child who participated directly in armed
hostilities through support roles such as scouts, spies, saboteurs, decoys, checkpoint assistants,
couriers, messengers, porters, cooks or as sexual objects.

Complainant - a party or person who makes a complaint or file a formal charge in the court of
law. Complaint - a concise statement of the ultimate facts constituting the plaintiff’s cause or
causes of action.
Confession - It is an express acknowledgment by the accused in a criminal prosecution of the
truth of his guilt as to the offense charged, while

admission refers to statements of fact not directly constituting an acknowledgment of guilt.

Corpus Delicti - Latin for the “body of the crime” It is the legal term used to describe/
physical/or material evidence that a crime has been committed such as the corpse of a murder
victim or the cleaned of a torched building.

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Crime Scene Investigation - is the conduct of processes more particularly the recognition, search,
collection, handling, preservation and documentation of physical evidence to include
identification of witnesses and arrest of suspect at the crime scene.

Criminal Investigation - it is the collection of facts in order to accomplish the three-fold aims to
identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt.

Custodial Facilities - formerly known as “detention facilities,” are facilities within PNP premises
that are used to hold arrested persons under custodial investigation

Custodial Investigation - investigation conducted by law enforcement officers after a person has
been arrested or deprived of his freedom of action. It includes invitation to a person who is being
investigated in connection with an offens

Detention - a restraint of personal liberty or deprivation of freedom of action in any significant

mann

Evidence - the means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding
the truth respecting a matter of fact. These include but are not limited to documentary,
testimonial, electronic and object evidence, gathered in the course of the investigation.

Exploitation - shall include, at the minimum, child prostitution, child pornography and other
forms of sexual exploitation, child labor, force labor or services, slavery or practices similar to
slavery, servitude, removal and sale of organs, use in illicit/illegal activities, and participation in
armed conflict.

Explosive - a reactive substance that contains a great amount of potential energy that when
initiated can produce an explosion, usually accompanied by the production of light, heat, sound
and pressure. The term includes, but it is not limited to low and high explosives, propellants,
pyrotechnics, igniters, initiators, primary, secondary and tertiary explosives

First Responders - Are members of the police, military, fire, medical teams, and other volunteer
organizations who are expected to be the first to respond to calls for assistance in cases of
incidents involving explosives.

Heinous and Sensational Crimes - refer to cases where the crime committed was directed against
Elected Government Officials (EGO), officials appointed by the President, Judges, Prosecutors,
members of the Philippine Bar, Media Practitioners, militant party list members/leftists, labor

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leaders, foreign nationals, and other persons, by means of shooting, bombing, strafing, enforced
disappearance and other violent acts, resulting in their death or incapac

Hijacking - A term which immediately conjures the images of a group of heavily armed and
determined men and women holding up an airplane, ship, bus, van, or other vehicle in order to
achieve their nefarious objectives

Inquest Proceedings - is the informal and summary investigation conducted by a public

prosecutor (called the inquest prosecutor) in criminal cases involving a person arrested, without
the benefit of a warrant issued by the court, and thereafter detained, for the purpose of
determining whether or not the warrantless arrest is valid, said arrested person should remain
under custody, and be correspondingly charged in court.

Intervention - Refers to a series of activities designed to address issues that cause the child to
commit an offense. It may take the form of an individualized treatment program, which may
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psychosocial well-being

Mug shot (or booking photograph) - it is a photograph of the suspect taken after one is arrested

Organized Crime – a combination of two or more persons who are engaged in a criminal or
virtual criminal activity on a continuing basis for the purpose of profit or power using gangland
style to attain their purpose.

Person In Authority - person in authority refers to all those persons who by direct provision of
law or by appointment of competent authority are charged with the maintenance of public order
and the protection and security of life and property, as well as all persons who come to the aid of
agents of authority; it being public functionaries are entitled to be considered as agents of
authority, it being understood, nevertheless, that in order that the persons who come to the aid of
an agent of authority may be considered as agents of authority, it is an essential condition that
they lend such assistance, by virtue of an order or request of such agent of authority.

PNP Custodial Officer - formerly known as “jailer,” who is responsible for the overall status of a
person in custody

Police Blotter - an official logbook, covered blue with hardbound cover that contains the daily
register of all crime incident reports, official summary of arrests and other significant
events/activities reported in the police station. Relatedly, a separate pink blotter for WCPD to
record all cases involving violence against women and children and those cases involving a child
in conflict with the law that fall under the mandate of WCPDs

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Police Community Relations - the establishment of connection between the police and the
community in order to forge partnership and strengthen collaboration and linkages for a common
good.
Warrant of Arrest (WA) - a written document issued by a court ordering any law enforcer to
bring the person before the court so that he may be bound to answer for the commission of the
offense
CPLEA2- COMPARATIVE MODELS IN POLICING

TYPES OF POLICE SYSTEM

1. Common Law Systems - usually exists in English speaking countries of the world there is
strong adversarial system and rely upon oral system of evidence in which the public trial is a
main focal point
also known as “Anglo-American Justice”
2. Civil Law Systems - distinguished by strong inquisitorial system where less right is granted to
the accused and the written law is taken as gospel and subject to little interpretation also known
as “Continental Justice or Romano-Germanic Justice”
3. Socialist System- distinguished by procedures designed to rehabilitate the offender. known as
Marxist-Leninist Justice and exist in places such as Africa and Asia
4. Islamic System - based more on the concept of natural justice or customary law or tribal
traditions

Home Rule - the theory of police service which states that police officers are servants of the
community or the people. This theory prevails in England and United States.
a. Old police service = states that the yardstick of police proficiency relies on the number of
arrest made.
b. Modern police service = states that the yardstick of police proficiency relies on the absence of
crime.

Deviance Control = is the modern police function which primarily involves the mission to
reinforce community values and laws. This was adopted by Germany, China and Japan.
Civil order control = is not organizationally separated from deviance control but is performed by
regular street police in the country of England and United States.

EVOLUTION OF POLICING SYSTEM

Praetorian guards = military bodies who serve as guardians of peace in ancient Rome in which
the idea of policing said to have originated
Officer de la Paix = a French term which claimed to be the origin of the term Police Officer

Tun Policing System - A system of policing emerged during the Anglo-Saxon period whereby all

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male residents were required to guard the town (tun) to preserve peace and protect the lives and
properties of the people.
Hue and Cry - A village law started in Britain which provided methods of apprehending a
criminal by an act of the complainant to shout to call all male residents to assemble and arrest the
suspect.

Trial by Ordeal - A judicial practice where in the guilt or innocence of the accused is
determined by subjecting him to an unpleasant, usually dangerous, experience.

Shire-Rieve - was a policing system during the Norman Period when England was divided into
fifty-five (55) military areas, each headed by a ruler called the Rieve (head-man or lieutenant of
the army).

Frankpledge System - A system of policing whereby a group of ten neighboring male residents
over twelve years of age were required to guard the town to preserve peace and protect the lives
and properties of the people

LONDON POLICING PRIOR TO 1829

Henry Fielding = appointed as Magistrate in 1748, introduced the first detective force, known as
the Bow Street Runners.
Bow Runners = a group of men organized by Henry Fielding and named by his brother John
Fielding task to catch thieves and robbers
Marine Police Force- - first modern police force in the world,

METROPOLITAN POLICE
(Metropolitan Police Act of 1829) = the largest of the police services that operate in greater
London (the
others include the City of London Police and the British Transport police
.Commissioner = highest rank in the Metropolitan Police
Police Constable = lowest rank

Comparative Police System

It is the science and art of investigating and comparing the police system of nations. It covers the
study of police organizations, trainings and methods of policing of various nations.

Transnational crime - It is a term that has been used in comparative and international criminal
justice

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study in recent years to reflect the complexity and enormity of global crime issues. It is defined
by the United Nations (UN) offences whose inception, proportion and/or direct or indirect effects
involve in more than one country. Examples are: Money laundering

International Crime - Defined as crimes against the peace and security of mankind (Adler,
Mueller, and Laufer, 1994). The UN has identified the following as international crimes.
Aggression (by one state against another) Treat of aggression.

Types of Court Systems of the World

1. Adversarial System
In adversarial the accused is innocent until proven guilty, and inquisitorial, where the accused is
guilty until proven innocent or mitigated. The U.S. adversarial system is unique in the world. No
other nation, not even the U.K. places as much emphasis upon determination of factual guilt in
the courtroom as the U.S. does. Outside the U.S. most trials are concerned with legal guilt where
everyone knows the offender did it, and the purpose is to get the offender to apologize, own up to
their responsibility, argue for mercy, or
suggest an appropriate sentence for themselves.

2. Inquisitorial Systems - Where lesser rights are granted to the accused, and the written law is
taken as
gospel and subject to little interpretation.

IACP - It stands for International Association of Chiefs of Police. The International Association
of Chiefs of Police is the world’s oldest and largest nonprofit membership organization of police
executives, with over 20,000 members in over 80 different countries
.
INTERPOL aims to facilitate international police co-operation even where diplomatic relations
do not exist between particular countries.

Red Notice -To seek the arrest or provisional arrest of wanted persons with a view to extradition.
Yellow Notice- To help locate missing persons, often minors
Blue Notice -To collect additional information about a person’s identity or activities in relation
to a crime.
Black Notice -To seek information on unidentified bodies
Green Notice - To provide warnings and intelligence about persons who have committed
criminal offences and are likely to repeat these crimes in other countries.

Well-known organized crime groups include:

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Russian Mafia. - Around 200 Russian groups that operate in nearly 60 countries worldwide.
They have been involved in racketeering, fraud, tax evasion, gambling, drug
trafficking, ransom, robbery and murder.
La Cosa Nostra. Known- as the Italian or Italian-American mafia.
Yakuza- Japanese criminal group. Often involved in multinational criminals activities,
including human trafficking, gambling, prostitution, and undermining licit businesses.
FukChing. - Chinese organized group in the United States. They have been involved in
smuggling,
Triads – Underground criminal societies based in Hong Kong. They control secret
markets and bus routes and are often involved in money laundering and drug trafficking.
Heijin - Taiwanese gangsters who are often executives in large corporations. They are
often involved in white collar crimes, such as illegal stock trading and bribery, and sometimes
run for public office. Jao Pho. - Organized crime group in Thailand. They are often involved in
illegal political and business activity.
Red Wa. - Gangsters from Thailand. They are involved in manufacturing and trafficking
methamphetamine.
Human Trafficking - is the illegal in human beings for the purposes of commercial sexual
exploitation or forced labor:

Drug trafficking - involves selling drugs and drug paraphernalia, whether is it local exchange
between a user and a dealer or a major international operation. Drug trafficking A problem that
affects every nation in the world and exists in many levels. Drug trafficking is the commercial
exchange of drugs and drug
paraphernalia. This include any equipment used to manufacture illegal drugs
or use them.

Cybercrimes - are generally defined as any type of illegal activity that makes use of the Internet,
a private or public network, or an in-house computer system.

Cybercrimes - are generally defined as any type of illegal activity that makes use of the Internet,
a private or public network, or an in-house computer system.
Cyberstalking - a technologically based attack on person because of anger, revenge, or control.
Computer Fraud - altering data or gaining unlawful use of computer or services.
Identity Theft - using another's personal information to commit fraud or other
crimes.
Computer Viruses - a program that copies itself and infects a computer. Denial of Service
Attacks - making service unavailable to users.
Malware - malicious software that interferes with the functioning of computers and sending data
of user over the internet.
Information warfare - attacks on information and computer systems.

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Money Laundering
Money Laundering is the process of creating the appearance that large amounts of money
obtained from serious crimes, such as drug trafficking, originated from a legitimate source. It is a
crime in many jurisdictions with varying definitions. It is a key operation of the underground
economy.
Philippine Police System

Henry Allen - the first Chief of the Philippine Constabulary.

Rafael Crame - the first Filipino Chief of the Philippine Constabulary.

R.A. 6975 - It is otherwise known as the Department of Interior and Local Government Act of
1990, enacted on December 13, 1990. Established the PNP, BFP, BJMP and the PPSC.
R.A. 8551 Philippine National Police Reform and Reorganization Act of 1998, enacted 1998,
amending the provision of R.A. 6975

POLICE APPOINTMENT

1. Temporary – if the applicant passes through the waiver program as provided in under
R.A8551.
2. Probationary – if the applicant passes through the regular screening procedures.
3. Permanent – if the applicant able to finish the required field training program for permanency.

Appointment in the PNP shall be affected in the following manner:

A. PO1 to SPO4 – appointed by the PNP Regional Director for regional personnel or by the
Chief of the PNP for National Head Quarter’s personnel and attested by the Civil Service
Commission (CSC)
B. Inspector to Superintendent – appointed by the Chief PNP as recommended by their
immediate superiors and attested by the Civil Service Commission (CSC). C. Sr. Supt to Dep.
Dir. Gen. – Appointed by the President upon the recommendation of the Chief PNP with the
endorsement of the Civil Service Commission (CSC) and with confirmation by the Commission
on Appointment (CA). D. Director General – appointed by the President from among the most
senior officers down to the rank of Chief Superintendent in the service subject
to the confirmation of the Commission on Appointment (CA). Provided, that the
C/PNP shall serve a tour of duty not exceeding four (4) years. Provided further,
that in times of war or other national emergency declared by congress, the
President may extend such tour of duty.

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The Basic Recruit Training – the most basic of all police training. It is a prerequisite for
permanency of appointment.

POLICE ASSIGNMENT
Police assignment is the process of designating a police officer at a particular function, duty or
responsibility.

Longevity Pay and Allowances

- Under Republic Act 6975, PNP personnel are entitled to a longevity pay of 10% of their basic
monthly salaries for every five years of service. However, the totality of such longevity pay does
not exceed 50% of the basic pay. They
shall also enjoy the following allowances: Subsistence allowance, Quarter’s allowance, Clothing
allowance, Cost of living allowance, Hazard pay and others

Retirement Benefit
- Monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of the
retired grade in case of twenty (20) years of active service, increasing by two and one-half
percent (2.5%) for every year of active service rendered beyond twenty (20) yeas to a maximum
of ninety percent (90%) for thirty-six (36) years of service and over: Provided, that the
uniformed member shall have the option to receive in advance and in lump sum his or her
retirement pay for the first five (5) years. Provided, further, that payment of the retirement
benefits in lump sum shall be made within six (6) months from effectivity date of retirement
and/or completion. Provided, finally, that the retirement pay of PNP members shall be subject to
adjustments based on the prevailing scale of base pay of police personnel in the active service.
(Section 36, RA 8551 – IRR)

Early Retirement Benefit

- A PNP member of his or her own request and with the approval of the NAPOLCOM, retire
from the service shall be paid separation benefits corresponding to a position two ranks higher
than his present rank provided that the officer or non-officer has accumulated at least 20 years of
service.

ASEAN COUNTRY POLICING SYSTEM

Hong Kong Police Force - is the largest disciplined service under the Security Bureau of Hong
Kong.
TAIWAN POLICE FORCE is the unified police force of Taiwan under the supervision of
NATIONAL

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POLICE AGENCY which is directly under the MINISTRY OF INTERIOR under effective
civilian control.
Myanmar Police Force - formally known as The People's Police Force (Burmese: Pyi Thu Yae
Tup Pwe) established in 1964 as independent department under Ministry of Home Affairs.
It was reorganized on 1 October 1995. There are 14 State and Divisional Police Forces and three
additional State/Division Police Forces

INDONESIA POLICING SYSTEM Indonesian National Police

(Kepolisian Negara Republika Indonesia) = is the official police force of Indonesiaorganized
1946 - also known as Polri Markasbesar/Mabes - name of the headquaters of Indonesian National
Police located in Kebayoran Baru,

CPLEA3 – INTRODUCTION TO INDUSTRIAL SECURITY CONCEPT

Private Security Agency Law (RA 5487, as amended from PD 11, 100 and 1919).
- This law governs the operation, administration of security agency and activities,
qualifications, duties and licensing of security personnel, watchmen and private
detectives. It is the intention of this law is to professionalize the security services in
order to upgrade the level of security protection.

Major Areas of Industrial Security Management

1. Physical Security- is the sum total of all physical protection employed or installed to secure
assets.
2. Personnel Security- is the sum total of procedures, inquiries and criteria applied to determine
the work
suitable of a particular applicant, retention or transfer of a particular employee.
3. Document or Information Security – is the sum total of all policies, regulations, practices,
enforce to safeguard
the contents and integrity of any classified information or document from compromise or loss.

Types of Security
1. Industrial security – involves industrial plants and business enterprises, to safeguard the
personnel, properties and operations.
2. Hotel security - measures to safeguard hotel guest and their personnel effects, hotel properties
and functions in hotel restaurant, bars and clubs.
3. Bank security – is the protection resulting from the application of various measures which
safeguard cash and
assets in storage, in transit and in transaction.
4. VIP security – involves the protection of top-ranking officials of the government,

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private company and foreign dignitaries.
5. Operational security – involves the protection of processes, formulas, patents,
industrial and manufacturing activities from espionage. Infiltration, loss compromise or
photocopying.
6. Communication security – measures to prevent or delay the unauthorized person in gaining
information through communication which includes transmission, cryptographic and physical
security.
7. School Security – is concern with the protection of students, faculty members and school
properties.
8. Mall Security- is concern with the protection of the stores, warehouses, storage, its immediate
premises and
properties as well as supermarket personnel and customers. Security personnel are trained to
detect shoplifter, robbery and bomb detection and customer relation.

Barriers – refers to any physical structure whether natural or man-made capable of restricting,
deterring, delaying or preventing illegal and unauthorized access ti installation.
Fence – an independent structure usually existing in a vertical plane, designated to control
physical and/or visual access between outside areas.

Basic Parts of Alarm System

1. Sensor or trigger device – it emits the aural or visual signals or both.
2. Transmission line – a circuit which transmit the message to the signalling apparatus.
3. Enunciator – it is the signaling system that activates the alarm.

Personnel security investigation has general techniques:

1. Background Investigation:
A check made on a individual usually seeking employment through
subject’s records in the police files, educational institutions, place of residence and
former employers.
2. Positive Vetting
It is the process of inspecting or examining with careful thoroughness.
The essence of vetting is a personal interview that it based on information given by the
applicant.
3. Profiling
It is the process whereby a subject’s reaction in a future critical situation
is predicted by observing his behavior or by interviewing him or analyzing his
responses to a questionnaire such as honesty test.
4. Deception Detection Techniques – the process of using devices in
detecting deception during the interview stage. It includes the use of polygraph,
psychological stress evaluator and voice analyzer.

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5. Financial and Lifestyle inquiry – seeks to gather information on income
and mode of living, sometimes referred to as earning-to-debt ratio.
6. Uncover investigation – the placement of an agent in a role in which the
agent’s true identity and role remains unknown in order to obtain information for
criminal prosecution or for recovery of asset lossesType of Document
Class 1 – Vital Documents Records that are irreplaceable which does not have the same value as
the original.
Class 11 – Important Documents This includes records which close considerable expense,
Class 111- Useful documents
Class IV – Non-essential Documents

1. VIP –Very Important Person (eg. State President, High ranking public and
private officials, etc)
2. ESCORT – one or more persons accompanying another to give guidance or
protection or to pay honor.
3. BODYGUARD – a person or a group of persons usually armed and
responsible for the physical safety of one or more specific person.

Organization of VIP Security

1. Area security- covers the surrounding areas of engagement. It conducts
prophylactic (neutralize the area), operations in the area of engagement.
2. Perimeter security – secures the immediate areas surrounding the place of
engagement. It usually for the uniformed personnel.
3. Advance security – the advanced security at the place of engagement before the arrival of the
VIP.
4. Close-in security – accompanies the VIP wherever he goes. Maximum of four (4) persons.
5. Reserve security – on standby for possible back-up/ re-enforcement.
6. Routine security – neutralize the possible route of the VIP party.

Foot Formations
1. Box – good all round defence and good visual impact, but leads to gapps between officers.
2. Diamond – will filter around the protectee but can appear very aggressive
3. V formation – will filter crowd around the protectee but widen the individual arcs
responsibility for officers.

Mobile Protection – the aim is to eliminate or reduce the opportunity for attack during
movement of vehicle by using defensive driving skills and vehicle formation to place mobile
perimeters between the protected asset and a potential attacker.

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Static Protection – the aim is to eliminate or reduce the opportunity for attack by placing
defensive perimeter between the protected asset and a potential attacker.

Crisis Management – is the totality of action of handling or responding to a given crisis situation
Crisis management Plan – is a complete and comprehensive plan of actions designed to protect
life, freedom and property, before , during and after any given situation.

COMMUNICATION – is the transfer of thought from the mind of one person to another thought
for s common medium or channel. It is the process of sending and receiving messages to achieve
understanding.
MEDIUM OF COMMUNICATION – refers to the common language known for two or more
individuals who want to exchange thought or ideas with each other.
CHANNEL OF COMMUNICATION – refers to the equipments being used to transfer thoughts
or ideas.

Function of Management
1. Planning - is the work of a manager to anticipate a course of action.
2. Leading – is the work of a manager performs to effect active participation from his
subordinates
3. Organizing – is the work of a manager performs by arranging the work and the
worker so as produce an effective and efficient performance.
4. Controlling – is the work of a manager perform to assess and regulate work in progress
and to assess the results.

LEGAL ASPECT OF SECURITY PROFESSION

RA 5487 – The act that regulates the organization and operation of private detective,
watchman and security guard agencies in the Philippines. This act was approved on June 13,
1969, otherwise known as Private Security Agency Law.

RA 5487 – the Private Security Agency Law has been amended by PD 100 dated January 17,
1973 in order to make more responsive to the demands of the private security industry in the
country.

RA 5487 – the Private Security Agency Law has been amended by PD 100 dated January 17,
1973 in order to make more responsive to the demands of the private security industry in the
country.

Professional Security Guard – is any person who render personal service to guard residential
or business premises or both, government buildings and establishment.

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 Security Supervisor – is charged in directing the work and observing the behavioural
performance of the guard under his unit.
Private Detective – is any natural person who does detective work for hire, reward and
compensation or commission.
Security Guard Force – a group of forces of men selected, trained or organized into
functional group for the purpose of protecting operational processes from that disruption
which impede efficiency operation at a particular plant, facility, institution or special activity.
Security Education Program - a program given to employees of an installation by
lecture and other means pertaining to measure and safeguards to be taken to protect the
interest of the installation from loss, damage, sabotage pilferage and other
criminal acts.

RA no. 5487 - (as amended by PD no. 11) - Private security agency law.

Private Detective Agency - is any person who for hire or reward or on commission conducts or
carries on or holds himself out as conducting or carrying on a detective agency or detective
service.

Private Detective - any person who is not a member of a regular police agency or armed forces
who does detective work for hire,reward or commission.

PADPAO - Philippine Association of Detective and Protective Agency Operators.

Watchmen/Security Guard - person who offers or renders personal service to watch or secure
either residential or business establishment or both or any building,compound or area for hire or
compensation or as an employee thereof.

Security Agency - any person, association, partnership or corporation who recruits, trains,
muster ,furnishes, solicit individuals or business firms, private or government owned or
controlled corporation to engage his services or those of its watchmen.

Limitations and Prohibitions on a Security Agency

1. No agency operating in the City of manila and suburbs may employ more than 1000
watchmen or security guards.
2. No agency operating in other cities and first class municipalities may employ more than 500
watchmen or security guards.
3. No agency operating in municipalities other than first class may employ more than 200
watchmen oR security guards.
4. No person, corporation, partnership or association may organize more than one agency in any
one city or municipality.
5. No agency shall offer, render or accept services to gambling dens or other illegal enterprises.
6. The extent of the security service being provided by any security agency shall not go beyond
the whole compound or property of the person or establishment requesting the security
serviceexcept when they escort big amount of cash.

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Who can Issue rules and regulations to carry out the purpose of RA 5487? ans. the chief
PNP, in consultation with the Philippines Association of Detective and Protective Agency
Operators.
What are the penal provisions for violation of RA5487 or its implementing rules? ans.
1. Suspension, fine or cancellation of license to
operate with the forfeiture f bond filed with the
Chief PNP.
2. Imprisonment ranging from 1 to 4 years and fine, in
the discretion of the courts.

Physical security - describes the measures that are designed to deny access to unauthorized
personnel from physically accessing a building, facility, stored information and guidance on how
to design structures to resist potentially hostile acts.
- a system of barriers placed between a potential intruder and the material or installation to
be protected.

CFRS2 FORENSIC PERSONAL IDENTIFICATION

Alphonse Bertillon - Father of Scientific ldentification

Chinese - are the ones noted to be the first user of Fingerprint
1686 MARCELLO MALPIGHI - GRANDFATHER OF DACTYLOSCOPY
1858 SIR WILLIAM JAMES HERSCHEL- (FATHER OF CHIROSCOPY
1900 SIR EDWARD RICHARD HENRY- FATHER OF FINGERPRINTS
MARY K. HOLLAND- the first American Instructress in Dactyloscopy
1912 DR. EDMOND LOCARD- FATHER OF POROSCOPY

Fingerprint Event in the Philippines

1. Mr. Jones - one who first taught fingerprint in the Philippine Constabulary in the Year 1900.
2. Bureau of Prison - records show that in 1918, CARPETAS (Commitment and Conviction
Records) already used fingerprint.
3. Lt. Asa and N. Darby - established modern and complete fingerprint files for Philippine
Commonwealth during the reoccupation of the Philippines by the American Forces.
4. Generoso Reyes - First Filipino Fingerprint Technician employed by the Philippine
Constabulary.
5. Isabela Bernales - first female Filipino Fingerprint Technician
6. Capt. Thomas Dugan - New York Police Department and Flaviano Guerrero, FBI Washing ton
gave the first examination in fingerprinting in 1927 and Agustin Patricia of the Philippines, top
the examination.
7. People of the Philippines vs. Medina - a first conviction based on fingerprint leading judicial
decision in the Philippine Jurisprudence.
8. Plaridel Education Institution - now known as the Philippine College of Criminology, the first
government recognized school to teach the Science of Fingerprint and other Police Sciences.

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9. The First National Bureau of Identification (1924) was created by the act of Congress. The
bureau was established with the U.S. DOJ (Washington D.C.)
DACTYLOSCOPY - the science which deals with the study of fingerprints as a means of
personal identification.
Greek Words: Dactyl - a finger Skopein - to examine
DACTYLOGRAPHY - the study of fingerprints for identification.
DACTYLOMANCY - an attempt at character reading through the pattern of fingerprints.
DERMATOGLYPHICS - are the lines, tracings, and designs on the skin of fingers, palms, and
soles.
POLYDACTYL - a hand having more than ten required numbers of fingers
DACTYLOSCOPY - the science which deals with the study of fingerprints as a means
of personal identification.
Greek Words:
Dactyl - a finger Skopein - to examine
DACTYLOGRAPHY - the study of fingerprints for identification.
DACTYLOMANCY - an attempt at character reading through the pattern of fingerprints.
DERMATOGLYPHICS - are the lines, tracings, and designs on the skin of fingers, palms, and
soles.
POLYDACTYL - a hand having more than ten required numbers of fingers

Component Parts of Fingerprint Patterns

RIDGE SURFACE - is that component of. the friction skin that forms the fingerprint
impression.
1. RIDGES are the tiny elevation or hill-like structures found on the epidermis layer of the skin
containing sweat pores. It appears as black lines with tiny white dots called pores in an inked
impression.
2. FURROWS are the canal-like impression or depression found between the
ridges which may be compared with the low area in a tire thread.

SWEAT PORES is a small opening found anywhere across the ridge surface where the sweat
comes out.
SWEAT DUCT is a long host like structure that serves as the passage way for the sweat that
exits at its mouth, the pore.
SWEAT GLANDS are found in the dermis layer of the skin which is responsible for the
production of the sweat (watery substance)

RIDGE FORMATION
Ridges begin to form on the human fetus during the 3rd to 4th months of the fetus (5 to
6 months before birth)

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DERMAL PAPILLAE - irregular blunt pegs composed of delicate connective tissues,
protruding and forming the ridges of the skin, each containing a small opening or pores

RIDGE CHARACTERISTICS (also known as minutiae) - This refers to the details of ridge
structures, formations, and elements that differentiate from one fingerprint to another a which
pant individuality to each print.

Kinds of Ridge Characteristics

1. Bifurcation - a single ridge that divides itself into two or more branches. It is sometimes called
a fork.
2. Converging Ridge - a ridge formation characterized by a closed angular end and serves as a
point of Convergence
(meeting of two ridges that were previously running side by side).
3. Diverging Ridges - two ridges that are flowing side by side and suddenly separating or
spreading apart
4. Enclosure (Lake or Eyelet) - a ridge that divides into two branches and
meets to form the original ridge.
5. Ending Ridge - an endpoint of a ridge with an abrupt ending. A Single friction ridge that
terminates within the friction ridge structure
6. Recurving or Looping Ridge - a kind of ridge formation that curves back in the direction from
which it started.
7. Sufficient Recurve - a recurving ridge complete in its shoulder and is free from any
appendage.
8. Appendage - a short ridge found at the top or summit of a recurving ridge.
9. Rod or Bar- a short or long ridge found inside the innermost recurving ridge of a loop pattern.
10.Obstruction Ridge - short ridge found inside the innermost recurving ridge that spoiled the
inner flow towards the center of the pattern. (OR)
11.Fragmentary Ridge - a ridge of extremely short length having frequent breaks.
12.Short Ridge
13.Crossover or Bridge - a short ridge that runs between two
parallel ridges.
14.Ridge Dots - An isolated ridge unit whose length approximates its width in size.
15.Bridges - A connecting friction ridge between parallel running ridges, generally right angles.

Focal Points of Fingerprint Patterns

FOCAL POINTS - are enclosed within the pattern area.
PATTERN AREA - is that part of a loop or a whorl in which appear the core, deltas, and ridges
used in the
classification of a loop.

78
TYPELINES - The two innermost ridges which start or go parallel, diverge, and Surround or
tend to surround the
pattern area. When there is a definite break in a type line, the ridge immediately outside of it is
considered as its
continuation.
CORE - The inner terminus or the approximate center of a fingerprint pattern.
DELTA - The outer terminus or that point in a ridge at or in front of or nearest the center of the
divergence of the typelines.
ADDITIONAL COMPARISON POINTS
Crease - usually run longitudinally along the length of the finger.
Flexure Line - a permanent crease in the skin at the knuckles which permits the skin to flex when
the finger is extended.

PERCENTAGE OF APPEARANCE OF FINGERPRINT PATTERNS

WHORL (35%) LOOP (60%) ARCH (5%)

ARCH PATTERNS: Its Characteristics

1. Plain Arch - a pattern in which the ridges flow from one side to the other without recurving,
usually having a slight upward curve in the center, making the pattern like an arch.

2. Tented Arch - a pattern where one or more ridges at the center form an up trust or make a
sufficient rise giving the pattern of a "Tent" giving an angle of 90 degrees or fewer.

LOOP PATTERNS: its Characteristics

1. Radial Loop - a loop in which the downward slope or the slanting ridges runs towards the
direction of the thumb.
2. Radial Bone - the inner bone of the forearm that runs to the wrist on the side where the thumb
is located.
3. Ulnar Loop - a loop in which the downward slope or the slanting ridges runs towards the
direction of the little finger.
4. Ulna Bone - the bone running to the wrist located or situated on the little finger.
5. Plain Whorl - a pattern consisting of two deltas and which at least one ridge makes a turn
through one complete circuit. An imaginary line drawn between the two deltas must touch or
cross at least one of the recurving ridges within the pattern area.
6. Central Pocket Loop Whorl- a pattern that possesses two deltas with core or more ridges
forming a Complete circuit which may be oval, spiral, Circular, or any variant of a circle.
7. Double Loop Whorl - a pattern consisting of two separate and distinct loop formations, with
sets of the shoulder and two deltas.
8. Accidental Whorl - a pattern consisting of a combination of two different types of pattern such
as a loop and a whorl, a loop and a central pocket loop whorl, or any combination of two

79
different loops and whorl type pattern but it cannot be a combination of a plain arch with any
other pattern. It can have two or more deltas

Component Parts of Fingerprint Patterns

RIDGE SURFACE - is that component of. the friction skin that forms the fingerprint impression.
1. RIDGES are the tiny elevation or hill-like structures found on the epidermis layer of the skin
containing sweat pores. It appears as black lines with tiny white dots called pores in an inked
impression.
2. FURROWS are the canal-like impression or depression found between the
ridges which may be compared with the low area in a tire thread.

SWEAT PORES is a small opening found anywhere across the ridge surface where the sweat
comes out.
SWEAT DUCT is a long host like structure that serves as the passage way for the sweat that
exits at its mouth, the pore.
SWEAT GLANDS are found in the dermis layer of the skin which is responsible for the
production of the sweat (watery substance)

TERMINAL PHALANGE is the particular bone that is covered with the friction skin having all
the different types of patterns and located near the tip of the finger.
MIDDLE PHALANGE is a phalange of the finger located at the middle of the terminal and basal
phalange is a phalange of the finger located at the base portion just below the middle phalange

LATENT PRINTS has been defined as the markings of oily matter or perspiration from the skin
glands left upon the surface which the hands and fingers may have touched.
CHANCE IMPRESSIONS - these are impressions left by chance at the crime scene
Types of Evidentiary Fingerprints
1. VISIBLE PRINTS - Open impress On dust, blood oil, or grease.
MOLDED PRINTS - those marks on the Surface whenever fingers touch soft

2. INVISIBLE PRINTS - those prints that are made due to the sweat present in the
fingers and thumb or person that is transferred to any object that he holds.
SMUDGE PRINTS - those prints that are indistinct due to sliding motion of
fingers at the time they are impressed.
FRAGMENTARY PRINTS - those prints that show only a portion of the
pattern objects or the friction skin.
PLASTIC PRINTS (Plastic Impression). Prints formed on plastic
material, such as melted paraffin from a pitch, paste on an envelope, and
stamps. This type of friction ridge impression is molded into the surface of

80
material such as putty or modeling clay forming a three-dimensional
impression.
Latent Impression -This type of friction ridge impression is not readily
visible The term latent' is Commonly applied to all chance or unintentional
impressions that are of evidentiary value
Patent Impression -This type of friction ridge impression is Visible e.g. an
impression found in the blood.
Plastic impression -This type of friction ridge impression is molded into the surface of
material such as putty or modeling clay forming a three- dimensional impression.

Powder technique is usually used to identify latent prints on nonporous surfaces such as glass,
marble, metal, plastic, and finished wood.
Silver nitrate is probably the oldest known chemical technique or fingerprint detection on porous
surfaces such as paper.

Methods of Fingerprinting a Living Person

ROLLED IMPRESSION is an impression mace or place in the fingerprint card which is taken
individually by rolling the ten fingers of the subject 180 degrees from tip to the second joints.
PLAIN IMPRESSION is an impression made simultaneously that serves as a reference
Impression

Fingerprint Sensor is an electronic device used to capture a digital image of the fingerprint
pattern. The captured image is called a live scan.
Biometrics (Biometric Authentication)- refers to the identification of humans by their
characteristics or traits.

FINGERPRINT LABORATORY MATERIAL’s

1. Ink Roller- refers to an instrument used for spreading the ink into the ink slab or inking plate.
2. Ink Slab / Inking Plate - refers to a piece of metal or a plane glass with as much as 1/4 thick
and 6 or more
inches long where the fingerprint ink is distributed for fingerprinting.
3. Card Holder- refers to a gadget used for clipping the fingerprint card to avoid movement of
the card during printing.
4. Fingerprint ink- refers to an especially manufactured ink for purposes of taking fingerprints.
5. Fingerprint Card - refers to a piece of the card used for recording the ten fingerprints. The
usual size is 8" x 8".

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Poroscopy- is the study of the size, shape, relative position, arrangement ard frequency of sweat
pores.
Edgeoscopy - is the study of the friction ridge edges for their alignment and the shape of their
ridge units, as well as the shapes and alignments of pores close to the ridge edges which appear
as notches.
Ridgeology - is the study of the uniqueness of all friction ridge skin formations and their
Use as a means of personal identification.

Fingerprint - is an impression left by the friction ridge of a human finger.

Friction ridge - is a raised portion of the epidermis on the fingers and toes,
the palm of the hand or the sole of the foot, consisting of one or more
connected ridge units of the friction ridge skin.These are sometimes known
as "epidermal ridges"
Dermatoglyphics - scientific study of fingerprints.

Characteristics of a Ridge (minutia Features)

1. Ridge Ending - the end of a ridge.
2. Bifurcation - the Y-shaped split of one ridge into
two.
3. Dot - is a very short ridge that looks like a dot.

When is fingerprint ridges formed? ans. formed during the third to fourth
month of fetal development.

Automated Fingerprint Identification System (AFIS) - is the process of

automatically matching one of many unknown fingerprints against a database of
known and unknown prints.

82
What is a Loop? ans. the ridges enter from one side of the finger, form a curve
and then exit on that same side.

What is a whorl? ans. ridges form circularly around a central point on the finger.

What is an Arch? ans. the ridges enter from one side of the finger, rise in the
center forming an arch and then exit the other side of the finger.

Remember the following: Personal Identification

1. Ridge ending -The abrupt end of a ridge.

2. Ridge bifurcation - A single ridge that divide into two ridges.

3. Short ridge - A Ridge that commences, travels a short distance

and then ends.

4. Island - A single small ridge inside a short ridge or ridge ending that
is nor connected to all other ridges.

5. Ridge enclosure - A single ridge that bifurcates and reunites

shortly afterwards to continue as a single ridge.

6. Spur - A bifurcation with short ridge branching off a longer ridge.

7. Bridge - A short ridge that runs between two parallel ridges.

8. Delta - A Y shaped ridge meeting.

9. Core - A U turn in the ridge pattern.

10.Minutiae - Major features of a fingerprint.

83
CPLEA4 – PROFESSIONAL CONDUCT AND ETHICAL STANDARD

Socrates - A wise man does what is right because he knows what is right.”
ethics - is derived from the Greek word “ethicos”, or that which pertains to the ethos, which the
English translation is custom or character.
Ethics is the practical science of the normality of human conduct.
Ethics is a philosophical science dealing with the morality of the human acts.
Morality- agreed upon rules of what is right and wrong
Ethics - is a set of moral values;

Three Domains of Human Actions:

1. Domain of Codified Law – values and standards are written into the legal systems and
enforceable in the courts.
2. Domain of Ethics - no specific laws, yet it does have standards on conduct based on shared
principles and values about moral conduct that guide an individual or organization.
3. Domain of Free Choice – pertains to the behavior about which law has to
say and for which an individual or organization enjoys complete freedom.
citizens’ arrest”. - Technically speaking all citizens in a democracy have the power to make an
arrest, which we called "citizens’ arrest”.

Direct Police Services - The third element in the definition of police officer is that he performs
one or all the three direct police services of patrol, traffic control and investigation.
a) Patrol - is the organized surveillance of public places within a specified territory and response
to reports of suspected persons in the locality. Patrol is said to be the\ backbone of the police
unit.
b) Traffic Control - includes monitoring vehicular traffic and investigation of traffic\ accidents.
c) Criminal Investigation - an activity undertaken to identify alleged criminals or suspect in a
crime, to gather evidence for criminal prosecution, or to recover stolen properties.

1. Police Ethics - It is the practical science that treats the principle of human morality
and duty as applied to law enforcement.
2. Moonlighting - An act of a member of the PNP pursuing or following any calling
or occupation, or the act of engaging in any business, which includes but not limited
to all activities, jobs, work, and similar functions, performed, engaged in or
undertaking by him, in or off duty hours with or without compensation, which is
inconsistent or incompatible with the PNP duties or functions. Such as a bouncer,
security guard, driver, bodyguard, confidential agent, watchman and any other
occupations of similar nature, in any enterprise or establishment, public or private,
which will prejudice the interest of law enforcement and public safety.
3. Ethical standard – it refers to the set of conducts and behavior governing a group,

84
a class or organization.
4. Police customs and social decorum – a set of norms and standards practiced
by members during social and other functions.
5. Nonfeasance/Neglect of Duty - It is the omission of some act, which ought to be
performed. It is the omission or refusal without sufficient excuse, to perform an act
or duty, which as a peace officer’s legal obligation to perform.
6. Misfeasance/Irregularities in the Performance of Duty - It is the improper
performance of some act which might lawfully be done.
7. Malfeasance - It is the performance of some act which ought not to be done. It is
the doing either through ignorance, inattention or malice, of that which the officer
had no legal right to do at all, as when he acts without any authority whatsoever,
or exceeds, ignores, or abuses his powers.
8. Incompetency - It is the manifest lack of adequate ability and fitness for the
satisfactory performance of police duties. This has reference to any physical and
intellectual quality, the lack of which substantially incapacitates one to perform the
duties of peace officers.
9. Oppression - Imports an act of cruelty, severity, unlawful execution, or excessive
use of authority.
10.Dishonesty - It is the concealment or distortion of truth in a manner of a fact
relevant to one’s office or connected with the performance of his duties.
11.Disloyalty to the Government - Consist of abandonment or renunciation of one’s
loyalty to the Government of the Philippines or advocating the overthrow of the
government.
12.Public official - Includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service, including
military and police personnel, whether or not they receive compensation or not,
regardless of amount.
13.Public Officer or Employee - It means any person holding any public office or
employment by virtue of an appointment, election or contract, and any person
holding any office or employment, by appointment or contract in any state-owned
or controlled corporation.
14.Gift - It refers to the thing or right disposed gratuitously, or any act of liberality in
favor of another who accepts it and shall include a simulated sale or ostensibly
onerous disposition thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange for a favor.

RA 6713 - The code of Conduct and Ethical Standards for Public Officials and Employees

POLICE PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

The National Police Commission or Napolcom, an agency tasked to administer and

85
operationally control the Philippine National Police, prepared a police manual prescribing Rules
and Regulations to be adopted by the members of the PNP.

Police Traditions
1. Spiritual beliefs - the PNP members are traditionally religious and God-loving
persons. They attend religious services together with the members of their family
2. Valor - history attest that the Filipino law-enforcers have exemplified the tradition of
valor in defending the country from aggression and oppression. They sacrificed their lives
and limbs for the sake of their countrymen whom they have pledged to serve.
3. Patriotism - PNP members are traditionally patriotic by nature. They manifest their
love of country with a pledge of allegiance to the flag and a vow to defend the Constitution.
4. Discipline - it is manifested by instinctive obedience to lawful orders and through
spontaneous actions towards attainment of organizational objectives guided by moral,
ethical and legal norms.
5. Gentlemanliness - policeman is bright in character, polite in manner, dignified in
appearance and sincere in his concern to his fellowmen.
6. Word of Honor - a policeman's word is his bond. He stands by it and commit to uphold it.
7. Duty - the PNP members have historically exemplified themselves as dedicated public
servants who perform their tasks with a deep sense of responsibility and self-sacrifice.
8. Loyalty - policemen are traditionally loyal to the organization, country and people as
borne by history and practice.
9. Camaraderie - the binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve manifested by members deep
commitment and concern to one another.

Kickbacks- If clients are numerous or composing of a long queue like procuring police
clearance, the man in the last gave money to the police to be given first ahead of the
other is an example of this of corruption.

Opportunistic Theft - This kind is not actually corruption but is taking of advantage of situation,
like
taking of properties left in the crime scene and without reporting to the authority.
Stealing money from person arrested or even victims of crime are also included in this
kind of pattern of corruption.

Opportunistic Theft
This kind is not actually corruption but is taking of advantage of situation, like
taking of properties left in the crime scene and without reporting to the authority.
Stealing money from person arrested or even victims of crime are also included in this
kind of pattern of corruption.

86
Direct Criminal Activities - This is a worst behavior of a police.

1. Grass Eaters - are police officers who engage in relatively minor type of corruption
opportunities as they present themselves; and
2. Meat Eaters - are police officers who actively seek out corruption opportunities and
engaged in both minor and major patterns of corruption.

Five categories of officers who could possibly exist in a corrupt police officer or
unit.
1. White Knights - These policemen are straightforward fellow. They are honest to a
fault. They often take an extreme position on ethical issues. They are idealistic and
often render strict decisions in accordance with law. A white knight is considered a loner
and deviant to the eyes of the colleagues who are corrupt. They are disgusted the
corrupt behaviors of fellow policemen but on the other hand, they are killjoy to the
others.
2. Straight Shooters - These are honest policemen who are ready to hide the corrupt
practices of their comrades as part of camaraderie. They observe the principle of
"omerta" or hiding the secret of fellow policemen. They suffer in silence and most of
them seek assignment to a corrupt-free unit or office.
3. Grass Eaters or Vegetarian Cops as explained previously
4. Meat Eaters or Carnivorous Cops which is also discussed earlier.
5. Rogues - are policemen who are considered having all the deviant behaviors of a
corrupt policeman. They are engaged in activities normally defined as dirty money by
the police peer group. They are considered bad to the bone.

Malfeasance- the doing of an act by a public officer who has without authority to
do the same.
Misfeasance- the doing of an act by a public officer in a wrong way or with wrong result
Nonfeasance- the failure to perform an act which a public officer has a duty to do.

Police Lying - police lying and other deceptive practices are in fact part of working
environment. Lies and deception vary as to whether or not they should be considered
ethical violations or are necessary for the police to accomplish their tasks. To amplify
what are lies, they are categorized as follows:
1. Accepted Lying - this is to be considered part of po lice working environment,
like for example in a discreet operation. Lying as a deceptive ploy is allowed and is
advisable.
2. Tolerated Lying - are those which are recognized as lies but tolerated as

87
necessary to explain inadequacy or inefficiency of the police organization. For example,
in a certain crime where there was no witness nor evidence as it was really made
perfect. The police officers may lie to the victim rather than to reveal that the crime is
impossible to solve.
3. Deviant Lying - this involves lies that violate substantive or procedural laws and
police office rules and regulations. Lies in this category are told with intent of supporting
perceived legitimate goals or illegitimate goals.
4. Use of Drugs - policemen who are assigned in Narcotic Command are those
who are susceptible to induced to taste drug for recreational purpose or just to
experience using it. Without their knowing, they are already hooked in it.

Judging- Rather than focusing on the potential of what someone says, a judgmental person
focuses on discrediting what is being said.
Superiority - Central to this attitude is the feeling that what you have to say is ultimately much
more important than what is being said by others.

Certainty - A person who is convinced of the truthfulness or accuracy of his or her

information is generally unable to recognize the possibility of making a mistake.
Controlling - Few people appreciate being told how to act or what to do period of
course, in certain situations, police officers must say control.
Manipulation - It is manipulative to communicate with hidden motives to get people to
unknowingly agree or act in a certain way.
Indifference - An officer can convey indifference by the simple act of answering a call
for service while talking to someone period to avoid misinterpretation, the
officer must take care to explain the necessity of answering the call.

Describing- The message sender presents feelings or perceptions that do not judge others or
needing to change.
Equality - People’s differences are recognized and respected.
Openness - People work together toward solutions rather than choosing sides to
debate the best solution. If people are open, they agree to disagree without being disagreeable.

Problem-Orientation - People are encouraged to share their perspectives on a problem

period this is an important part of community oriented, problem solving policing.

Positive Intent - People react positively to situations they believe are represented
accurately. People usually resent being used or subjected to hidden agenda.
Empathy - Understanding others.

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Community Service - example of community service would be youth program
comprising a variety of activities for children-recreation, sports, skill game,
camping music and so forth. Community service is a good public relation but with
the plus factor of providing some beneficial service to the community.

• Community Participation - stresses inter-professional or teamwork approach in

solving community problems. It is the widely used social work concept of
community organization, with particular attention to the participation of the police
and the other criminal justice agencies.

• Public Relations - to some policemen, public relation is synonymous with police-

community relations – that is activities directed at creating and maintaining favorable
impressions to the public. However, looking the two terms closely, the difference lies on the
purpose of the two. The emphasis in police-community relations is to be good”; whereas, in
public relations, the emphasis “is to look
good.”

Familiarize Yourself With The Following Terms:

1. Corruption – is the misuse of authority by a police officer in a

manner designed to produce personal gain for himself or others;
an impairment of integrity, virtue or moral principle; inducement
(as an official) by means of improper considerations (as bribery)
to commit a violation of duty.

2. DHRDD – refers to the Directorate for Human Resource and

Doctrine Development; the primary training and education
directorate in the PNP.

3. Ethics - is the capacity to determine right conduct and the

knowledge of what is right from wrong; specific moral choices to
be made by the individual in his relationship with others; the
moral quality of a course of action, fitness and propriety.

4. Ethics and Values Counseling Center – A facility for spiritual and

behavioral intervention established in every Police Regional Office
to provide adequate counseling and assistance to police officers

5. Ethics and Values Formation Program - This program contains

89
 policies,principles, guidelines and sanctions, all geared towards
the internalization of moral values and service dedication through
the implementation of a systematic values-integration and
intervention program.

6. Moral Recovery Program - The Moral Recovery Program is a

movement which aims to mobilize all Filipinos for nation-building
through the practical exercise of human values in our daily lives
as citizens. It is empowered through Executive Order 319 signed
by President Fidel V Ramos on April 03, 1996, which
institutionalizes the MRP in all government departments, offices,
agencies, and government-owned and controlled corporations

7. Morale – refers to a person’s state of mind and emotions,

affecting the personnel/employee and the police force to perform
assigned tasks willingly and enthusiastically with confidence,
cheerfulness and discipline to work, which in turn affects the
individual performance and organizational goals and objectives.

8. Morality – quality of human acts that leads man to observe

“moral behavior”, to be obedient to a system of moral rules,
“rules of right conduct”.

9. Police Discretion – the inherent ability and privilege of a police

officer to test and use the limits of his power in making a choice
among possible courses of action or inaction (i.e. to arrest or not
to arrest).

10. PRO - Police Regional Office which constitute seventeen (17)

Regional Offices of the PNP to include ARMM, CAR and NCRPO

11. Police Officer – a public servant who represents the disciplinary

and discretionary power of the state to enforce laws

12. Values – are beliefs, principles and philosophies that are

important,cherished, prized, upheld and defended:

13. Virtue – the quality of moral excellence, righteousness, probity,

responsibility and goodness; conformity to standard morality or
mores (as by abstention from vices, rectitude); specific type of

90
 moral excellence or other exemplary quality considered
meritorious, a worthy practice or ideal

14. Customs - Established usage or social practices carried on by

tradition that have obtained the force of law.

15. Traditions - Bodies of beliefs, stories, customs and usages

handed down from generation to generation with the effect of
an unwritten law.

16. Courtesy - A manifestation or expression of consideration and

respect for others.

17. Ceremony - A formal act or set of formal acts established by

customs or authority as proper to special occasion.

18. Social Decorum - A set of norms and standards practiced by

members during social and other functions.

19. Salute - Salute is the usual greeting rendered by uniformed

members upon meeting and recognizing person entitled to
a salute.

20. Habits - Provide the basis for judgments about what is

important for the organization to succeed in its core business.

NEGLECTS OF DUTY OR NON-FEASANCE

-the omission or refusal, without sufficient excuse, to perform an act or duty, which it was the
peace officer’s legal obligation to perform; it implies a duty as well as its breach and the fact can
never be found in the absence of duty.
IRREGULARITIES IN THE PERFORMANCE OF DUTY OR MISFEASNCE
-the doing, either through ignorance, inattention or malice, of that which the officer had no legal
right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores, or
abuses his powers

PNP ETHICS DAY

-celebrate yearly on 7 January
-stared on 7 January 1995 and celebrated every year thereafter

91
CRIMINAL LAW -BOOK 1

Criminal Law is that branch of municipal law which defines crimes, treats of their nature and
provides for their punishment.
Penal Law [Code] is a law enacted to preserve the public order by defining an offense against the
public and imposing a penalty for its violation.

Nullum Crimen, Nulla Poena Sine Lege

- The rule is, there is no crime if there is no law punishing it. It is required
that a crime should be defined and a penalty imposed only by statute.

Theories in Criminal Law

1. In Classical or Juristic Theory, the basis of criminal responsibility is the
existence of the offender’s free will and the penalty for his criminal act is by way of retribution.

Characteristics of Philippine Criminal Law

1. Generality means that the law governs all persons within the territorial
jurisdiction of the state irrespective of race, belief, sex or creed. Penal
laws shall be obligatory upon all who live or sojourn in Philippine territory.
2. Territoriality means that the law is only effective within the territorial
confines of one’s jurisdiction - be it land, atmosphere, interior waters and
maritime zone.
3. Irretrospectivity or Prospectivity means that the law only takes effect
after its effectivity date and never retrospective in its applications.

Ex Post Facto Law

An ex post facto law is one passed after the commission of an act making
the latter criminal when it was not at the time it was executed.

DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE

Article 1. Time when Act takes effect. - This Code shall take effect on the first day of January,
nineteen hundred and thirty-two.

Title One

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

92
Chapter One
FELONIES

Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).

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

There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Article 4. Criminal liability. - Criminal liability shall be incurred:

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

2. By any person performing an act which would be an offense against persons or

property, were it not for the inherent impossibility of its accomplishment or an account of
the employment of inadequate or ineffectual means.

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as

those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than this own spontaneous desistance.

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

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

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

93
Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the
future may be punishable under special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

Chapter Two
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY

Article 11. Justifying circumstances. - The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it.

Third. Lack of sufficient provocation on the part of the person defending himself.

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

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first
and second requisites mentioned in the first circumstance of this Article are present and
that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present;

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

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.

6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

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Article 12. Circumstances which exempt from criminal liability. - the following are exempt from
criminal liability:

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

When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with the
provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably

with the provisions of this and the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance and education otherwise,
he shall be committed to the care of some institution or person mentioned in said Art. 80.

4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.

5. Any person who act under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.

7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.

Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen year of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Art. 80.

3. That the offender had no intention to commit so grave a wrong as that committed.

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 4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.

5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the
same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced

passion or obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow
beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.

10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.

Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.

6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.

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

7. That the crime be committed on the occasion of a conflagration, shipwreck,

earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or
afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the
defense.

16. That the act be committed with treachery (alevosia).

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

17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.

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 20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.

Chapter Five
ALTERNATIVE CIRCUMSTANCES

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

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

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

Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16. Who are criminally liable. - The following are criminally liable for grave and less
grave felonies:

1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.

Article 17. Principals. - The following are considered principals:

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

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

3. Those who cooperate in the commission of the offense by another act without which it
would not have been accomplished.

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

Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.

2. By concealing or destroying the body of the crime, or the effects or instruments

thereof, in order to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the principals of the crime,

provided the accessory acts with abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.

Article 20. Accessories who are exempt from criminal liability. - The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.

Title Three

PENALTIES

Chapter One
PENALTIES IN GENERAL

Article 21. Penalties that may be imposed. - No felony shall be punishable by any penalty not
prescribed by law prior to its commission.

Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as
they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.

Article 23. Effect of pardon by the offended party. - A pardon of the offended party does not
extinguish criminal action except as provided in Article 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his express waiver.

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Article 24. Measures of prevention or safety which are nor considered penalties. - The following
shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.

2. The commitment of a minor to any of the institutions mentioned in Article 80 and for
the purposes specified therein.

3. Suspension from the employment of public office during the trial or in order to
institute proceedings.

4. Fines and other corrective measures which, in the exercise of their administrative
disciplinary powers, superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil laws may establish in penal
form.

Chapter Two
CLASSIFICATION OF PENALTIES

Article 25. Penalties which may be imposed. - The penalties which may be imposed according to
this Code, and their different classes, are those included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Correctional penalties:

Prision correccional,
Arresto mayor,
Suspension,
Destierro.

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 Light penalties:

Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or
calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

Article 26. When afflictive, correctional, or light penalty. - A fine, whether imposed as a single
of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.

Chapter Three
DURATION AND EFFECTS OF PENALTIES

Section One. - Duration of Penalties

Article 27. Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty years, unless such person by reason of his
conduct or some other serious cause shall be considered by the Chief Executive as unworthy of
pardon.

Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day
to twenty years.

Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor
and temporary disqualification shall be from six years and one day to twelve years, except when
the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall
be that of the principal penalty.

Prision correccional, suspension, and destierro. - The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six years, except

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when suspension is imposed as an accessory penalty, in which case, its duration shall be that of
the principal penalty.

Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one
day to six months.

Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty
days.

Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of
time as the court may determine.

Article 28. Computation of penalties. - If the offender shall be in prison, the term of the duration
of the temporary penalties shall be computed from the day on which the judgment of conviction
shall have become final.

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation
of liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant commences to serve his sentence.

Article 29. Period of preventive imprisonment deducted from term of imprisonment. - Offenders
who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted prisoners, except in the following cases:

1. When they are recidivists or have been convicted previously twice or more times of
any crime; and

2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. (As amended by Republic Act 6127,
June 17, 1970).

Whenever an accused has undergone preventive imprisonment for a period equal to or more than
the possible maximum imprisonment of the offense charged to which he may be sentenced and
his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case
the maximum penalty to which the accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988).

Section Two. - Effects of the penalties according to their respective nature

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Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The
penalties of perpetual or temporary absolute disqualification for public office shall produce the
following effects:

1. The deprivation of the public offices and employments which the offender >may have
held even if conferred by popular election.

2. The deprivation of the right to vote in any election for any popular office or to be
elected to such office.

3. The disqualification for the offices or public employments and for the exercise of any
of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraphs

2 and 3 of this article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly held.

Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The
penalties of perpetual or temporal special disqualification for public office, profession or calling
shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or

during the term of the sentence according to the extent of such disqualification.

Article 39. Subsidiary penalty. - If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each eight pesos, subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall
remain under confinement until his fine referred to in the preceding paragraph is satisfied,
but his subsidiary imprisonment shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one year, and no fraction or part of a day
shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall
not exceed six months, if the culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony.

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 3. When the principal imposed is higher than prision correccional, no subsidiary
imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal

institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivations as those
of which the principal penalty consists.

5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in case his financial circumstances should
improve. (As amended by RA 5465, April 21, 1969).

Section Three. - Penalties in which other accessory penalties are inherent

Article 40. Death; Its accessory penalties. - The death penalty, when it is not executed by reason
of commutation or pardon shall carry with it that of perpetual absolute disqualification and that
of civil interdiction during thirty years following the date sentence, unless such accessory
penalties have been expressly remitted in the pardon.

Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. - The
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of perpetual
absolute disqualification which the offender shall suffer even though pardoned as to the principal
penalty, unless the same shall have been expressly remitted in the pardon.

Article 42. Prision mayor; Its accessory penalties. - The penalty of prision mayor, shall carry
with it that of temporary absolute disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although pardoned as to the principal
penalty, unless the same shall have been expressly remitted in the pardon.

Article 43. Prision correccional; Its accessory penalties. - The penalty of prision correccional
shall carry with it that of suspension from public office, from the right to follow a profession or
calling, and that of perpetual special disqualification from the right of suffrage, if the duration of
said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification
provided in the article although pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.

Article 44. Arresto; Its accessory penalties. - The penalty of arresto shall carry with it that of
suspension of the right too hold office and the right of suffrage during the term of the sentence.

Article 45. Confiscation and forfeiture of the proceeds or instruments of the crime. - Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds
of the crime and the instruments or tools with which it was committed.

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Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those articles
which are not subject of lawful commerce shall be destroyed.

Chapter Four
APPLICATION OF PENALTIES

Section One. - Rules for the application of penalties to the persons criminally liable and for the
graduation of the same.

Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for
the commission of a felony shall be imposed upon the principals in the commission of such
felony.

Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as
applicable to the consummated felony.

Article 47. In what cases the death penalty shall not be imposed. - The death penalty shall be
imposed in all cases in which it must be imposed under existing laws, except in the following
cases:

1. When the guilty person be more than seventy years of age.

2. When upon appeal or revision of the case by the Supreme court, all the members
thereof are not unanimous in their voting as to the propriety of the imposition of the death
penalty. For the imposition of said penalty or for the confirmation of a judgment of the
inferior court imposing the death sentence, the Supreme Court shall render its decision
per curiam, which shall be signed by all justices of said court, unless some member or
members thereof shall have been disqualified from taking part in the consideration of the
case, in which even the unanimous vote and signature of only the remaining justices shall
be required.

Article 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary means for committing the other, the penalty for
the most serious crime shall be imposed, the same to be applied in its maximum period.

Article 49. Penalty to be imposed upon the principals when the crime committed is different from
that intended. - In cases in which the felony committed is different from that which the offender
intended to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to
the offense which the accused intended to commit, the penalty corresponding to the latter
shall be imposed in its maximum period.

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 2. If the penalty prescribed for the felony committed be lower than that corresponding to
the one which the accused intended to commit, the penalty for the former shall be
imposed in its maximum period.

3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for either of the latter offenses, in which case
the penalty provided for the attempted or the frustrated crime shall be imposed in its
maximum period.

Article 50. Penalty to be imposed upon principals of a frustrated crime. - The penalty next lower
in degree than that prescribed by law for the consummated felony shall be imposed upon the
principal in a frustrated felony.

Article 51. Penalty to be imposed upon principals of attempted crimes. - A penalty lower by two
degrees than that prescribed by law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony.

Article 52. Penalty to be imposed upon accomplices in consummated crime. - The penalty next
lower in degree than that prescribed by law for the consummated shall be imposed upon the
accomplices in the commission of a consummated felony.

Article 53. Penalty to be imposed upon accessories to the commission of a consummated

felony. - The penalty lower by two degrees than that prescribed by law for the consummated
felony shall be imposed upon the accessories to the commission of a consummated felony.

Article 54. Penalty to imposed upon accomplices in a frustrated crime. - The penalty next lower
in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices
in the commission of a frustrated felony.

Article 55. Penalty to be imposed upon accessories of a frustrated crime. - The penalty lower by
two degrees than that prescribed by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony.

Article 56. Penalty to be imposed upon accomplices in an attempted crime. - The penalty next
lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed
upon the accomplices in an attempt to commit the felony.

Article 57. Penalty to be imposed upon accessories of an attempted crime. - The penalty lower
by two degrees than that prescribed by law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony.

Article 58. Additional penalty to be imposed upon certain accessories. - Those accessories
falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of
their public functions, shall suffer the additional penalty of absolute perpetual disqualification if

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the principal offender shall be guilty of a grave felony, and that of absolute temporary
disqualification if he shall be guilty of a less grave felony.

Article 59. Penalty to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. - When the person intending to commit an offense
has already performed the acts for the execution of the same but nevertheless the crime was not
produced by reason of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine
from 200 to 500 pesos.

Article 60. Exception to the rules established in Articles 50 to 57. - The provisions contained in
Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law
expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories.

Article 61. Rules for graduating penalties. - For the purpose of graduating the penalties which,
according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next
lower in degrees shall be that immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or
of one or more divisible penalties to be impose to their full extent, the penalty next lower
in degree shall be that immediately following the lesser of the penalties prescribed in the
respective graduated scale.

3. When the penalty prescribed for the crime is composed of one or two indivisible
penalties and the maximum period of another divisible penalty, the penalty next lower in
degree shall be composed of the medium and minimum periods of the proper divisible
penalty and the maximum periods of the proper divisible penalty and the maximum
period of that immediately following in said respective graduated scale.

4. when the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties, the penalty next lower in degree shall be
composed of the period immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed, if possible; otherwise
from the penalty immediately following in the above mentioned respective graduated
scale.

5. When the law prescribes a penalty for a crime in some manner not especially provided
for in the four preceding rules, the courts, proceeding by analogy, shall impose

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 corresponding penalties upon those guilty as principals of the frustrated felony, or of
attempt to commit the same, and upon accomplices and accessories.

Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual
delinquency. - Mitigating or aggravating circumstances and habitual delinquency shall be taken
into account for the purpose of diminishing or increasing the penalty in conformity with the
following rules:

1. Aggravating circumstances which in themselves constitute a crime specially

punishable by law or which are included by the law in defining a crime and prescribing
the penalty therefor shall not be taken into account for the purpose of increasing the
penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in the
crime to such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.

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

5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided
by law for the last crime of which he be found guilty and to the additional penalty
of prision correccional in its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon
the offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a
period of ten years from the date of his release or last conviction of the crimes of serious or less

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serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said
crimes a third time or oftener.

Article 63. Rules for the application of indivisible penalties. - In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the
following rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.

3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.

4. When both mitigating and aggravating circumstances attended the commission of the
act, the court shall reasonably allow them to offset one another in consideration of their
number and importance, for the purpose of applying the penalty in accordance with the
preceding rules, according to the result of such compensation.

Article 64. Rules for the application of penalties which contain three periods. - In cases in which
the penalties prescribed by law contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a period in accordance with the
provisions of Articles 76 and 77, the court shall observe for the application of the penalty the
following rules, according to whether there are or are not mitigating or aggravating
circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.

2. When only a mitigating circumstances is present in the commission of the act, they
shall impose the penalty in its minimum period.

3. When an aggravating circumstance is present in the commission of the act, they shall
impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.

5. When there are two or more mitigating circumstances and no aggravating

circumstances are present, the court shall impose the penalty next lower to that prescribed

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 by law, in the period that it may deem applicable, according to the number and nature of
such circumstances.

6. Whatever may be the number and nature of the aggravating circumstances, the courts
shall not impose a greater penalty than that prescribed by law, in its maximum period.

7. Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and
the greater and lesser extent of the evil produced by the crime.

Article 65. Rule in cases in which the penalty is not composed of three periods. - In cases in
which the penalty prescribed by law is not composed of three periods, the courts shall apply the
rules contained in the foregoing articles, dividing into three equal portions of time included in the
penalty prescribed, and forming one period of each of the three portions.

Article 66. Imposition of fines. - In imposing fines the courts may fix any amount within the
limits established by law; in fixing the amount in each case attention shall be given, not only to
the mitigating and aggravating circumstances, but more particularly to the wealth or means of the
culprit.

Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present. - When all the conditions required in circumstances
Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision correccional in its minimum period shall be
imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave felony.

Article 68. Penalty to be imposed upon a person under eighteen years of age. - When the
offender is a minor under eighteen years and his case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from
liability by reason of the court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than
that prescribed by law shall be imposed, but always in the proper period.

Article 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions required to justify the same or
to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided
that the majority of such conditions be present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and nature of the conditions of exemption
present or lacking.

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Article 70. Successive service of sentence. - When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that
they may be executed successively or as nearly as may be possible, should a pardon have been
granted as to the penalty or penalties first imposed, or should they have been served out.

For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than three-fold the length of time corresponding to the most
severe of the penalties imposed upon him. No other penalty to which he may be liable shall be
inflicted after the sum total of those imposed equals the same maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be
computed at thirty years. (As amended).

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Article 71. Graduated scales. - In the case in which the law prescribed a penalty lower or higher
by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be
observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is comprised the
given penalty.

The courts, in applying such lower or higher penalty, shall observe the following graduated
scales:

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be voted for, the right to
follow a profession or calling,

4. Public censure,

5. Fine.

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Article 72 Preference in the payment of the civil liabilities. - The civil liabilities of a person
found guilty of two or more offenses shall be satisfied by following the chronological order of
the dates of the judgments rendered against him, beginning with the first in order of time.

Section Three. - Provisions common in the last two preceding sections

Article 73. Presumption in regard to the imposition of accessory penalties. - Whenever the
courts shall impose a penalty which, by provision of law, carries with it other penalties,
according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood
that the accessory penalties are also imposed upon the convict.

Article 74. Penalty higher than reclusion perpetua in certain cases. - In cases in which the law
prescribes a penalty higher than another given penalty, without specially designating the name of
the former, if such higher penalty should be that of death, the same penalty and the accessory
penalties of Article 40, shall be considered as the next higher penalty.

Article 75. Increasing or reducing the penalty of fine by one or more degrees. - Whenever it may
be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be
increased or reduced, respectively, for each degree, by one-fourth of the maximum amount
prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but
are made proportional.

Article 76. Legal period of duration of divisible penalties. - The legal period of duration of
divisible penalties shall be considered as divided into three parts, forming three periods, the
minimum, the medium, and the maximum in the manner shown in the following table

Article 77. When the penalty is a complex one composed of three distinct penalties. - In cases in
which the law prescribes a penalty composed of three distinct penalties, each one shall form a
period; the lightest of them shall be the minimum the next the medium, and the most severe the
maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in this
Code, the periods shall be distributed, applying by analogy the prescribed rules.

Chapter Five
EXECUTION AND SERVICE OF PENALTIES

Section One. - General Provisions

Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by
virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.

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In addition to the provisions of the law, the special regulations prescribed for the government of
the institutions in which the penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its performance, and other incidents connected
therewith, the relations of the convicts among themselves and other persons, the relief which
they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at
least into different departments and also for the correction and reform of the convicts.

Article 79. Suspension of the execution and service of the penalties in case of insanity. - When a
convict shall become insane or an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the
corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the
penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility
occurs while the convict is serving his sentence.

Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under
sixteen years of age at the date of the commission of a grave or less grave felony, is accused
thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing
judgment of conviction, shall suspend all further proceedings and shall commit such minor to the
custody or care of a public or private, benevolent or charitable institution, established under the
law of the care, correction or education of orphaned, homeless, defective, and delinquent
children, or to the custody or care of any other responsible person in any other place subject to
visitation and supervision by the Director of Public Welfare or any of his agents or
representatives, if there be any, or otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed hereinbelow until such minor shall
have reached his majority age or for such less period as the court may deem proper. The court, in
committing said minor as provided above, shall take into consideration the religion of such
minor, his parents or next of kin, in order to avoid his commitment to any private institution not
under the control and supervision of the religious sect or denomination to which they belong.

The Director of Public Welfare or his duly authorized representatives or agents, the
superintendent of public schools or his representatives, or the person to whose custody or care
the minor has been committed, shall submit to the court every four months and as often as
required in special cases, a written report on the good or bad conduct of said minor and the moral
and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or shortened by the court on
the recommendation of the Director of Public Welfare or his authorized representative or agents,
or the superintendent of public schools or his representatives, according as to whether the
conduct of such minor has been good or not and whether he has complied with the conditions

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imposed upon him, or not. The provisions of the first paragraph of this article shall not, however,
be affected by those contained herein.

If the minor has been committed to the custody or care of any of the institutions mentioned in the
first paragraph of this article, with the approval of the Director of Public Welfare and subject to
such conditions as this official in accordance with law may deem proper to impose, such minor
may be allowed to stay elsewhere under the care of a responsible person.

If the minor has behaved properly and has complied with the conditions imposed upon him
during his confinement, in accordance with the provisions of this article, he shall be returned to
the court in order that the same may order his final release.

In case the minor fails to behave properly or to comply with the regulations of the institution to
which he has been committed or with the conditions imposed upon him when he was committed
to the care of a responsible person, or in case he should be found incorrigible or his continued
stay in such institution should be inadvisable, he shall be returned to the court in order that the
same may render the judgment corresponding to the crime committed by him.

The expenses for the maintenance of a minor delinquent confined in the institution to which he
has been committed, shall be borne totally or partially by his parents or relatives or those persons
liable to support him, if they are able to do so, in the discretion of the court; Provided, That in
case his parents or relatives or those persons liable to support him have not been ordered to pay
said expenses or are found indigent and cannot pay said expenses, the municipality in which the
offense was committed shall pay one-third of said expenses; the province to which the
municipality belongs shall pay one-third; and the remaining one-third shall be borne by the
National Government: Provided, however, That whenever the Secretary of Finance certifies that
a municipality is not able to pay its share in the expenses above mentioned, such share which is
not paid by said municipality shall be borne by the National Government. Chartered cities shall
pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the
internal revenue allotments which may be due to said city shall be withheld and applied in
settlement of said indebtedness in accordance with section five hundred and eighty-eight of the
Administrative Code.

Section Two. - Execution of principal penalties.

Article 81. When and how the death penalty is to be executed. - The death sentence shall be
executed with reference to any other and shall consist in putting the person under sentence to
death by electrocution. The death sentence shall be executed under the authority of the Director
of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the moment of the
electrocution.

Article 82. Notification and execution of the sentence and assistance to the culprit. - The court
shall designate a working day for the execution but not the hour thereof; and such designation

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shall not be communicated to the offender before sunrise of said day, and the execution shall not
take place until after the expiration of at least eight hours following the notification, but before
sunset. During the interval between the notification and the execution, the culprit shall, in so far
as possible, be furnished such assistance as he may request in order to be attended in his last
moments by priests or ministers of the religion he professes and to consult lawyers, as well as in
order to make a will and confer with members of his family or persons in charge of the
management of his business, of the administration of his property, or of the care of his
descendants.

Article 83. Suspension of the execution of the death sentence. - The death sentence shall not be
inflicted upon a woman within the three years next following the date of the sentence or while
she is pregnant, nor upon any person over seventy years of age. In this last case, the death
sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties
provided in Article 40.

Article 84. Place of execution and persons who may witness the same. - The execution shall take
place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed
only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding
six, if he so request, by the physician and the necessary personnel of the penal establishment, and
by such persons as the Director of Prisons may authorize.

Article 85. Provisions relative to the corpse of the person executed and its burial. - Unless
claimed by his family, the corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons
shall order the burial of the body of the culprit at government expense, granting permission to be
present thereat to the members of the family of the culprit and the friends of the latter. In no case
shall the burial of the body of a person sentenced to death be held with pomp.

Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor. - The penalties of reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which may be provided by law
in the future.

Article 87. Destierro. - Any person sentenced to destierro shall not be permitted to enter the
place or places designated in the sentence, nor within the radius therein specified, which shall be
not more than 250 and not less than 25 kilometers from the place designated.

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

Title Four

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EXTINCTION OF CRIMINAL LIABILITY

Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Article 89. How criminal liability is totally extinguished. - Criminal liability is totally
extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final
judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Article 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion
temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of
those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of
the application of the rules contained in the first, second and third paragraphs of this article. (As
amended by RA 4661, approved June 19, 1966).

Article 91. Computation of prescription of offenses. - The period of prescription shall commence
to run from the day on which the crime is discovered by the offended party, the authorities, or
their agents, and shall be interrupted by the filing of the complaint or information, and shall

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commence to run again when such proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

Article 92. When and how penalties prescribe. - The penalties imposed by final sentence
prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor,
which prescribes in five years;

4. Light penalties, in one year.

Article 93. Computation of the prescription of penalties. - The period of prescription of penalties
shall commence to run from the date when the culprit should evade the service of his sentence,
and it shall be interrupted if the defendant should give himself up, be captured, should go to
some foreign country with which this Government has no extradition treaty, or should commit
another crime before the expiration of the period of prescription.

Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Article 94. Partial Extinction of criminal liability. - Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his
sentence.

Article 95. Obligation incurred by person granted conditional pardon. - Any person who has
been granted conditional pardon shall incur the obligation of complying strictly with the
conditions imposed therein otherwise, his non-compliance with any of the conditions specified
shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to
him.

Article 96. Effect of commutation of sentence. - The commutation of the original sentence for
another of a different length and nature shall have the legal effect of substituting the latter in the
place of the former.

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Article 97. Allowance for good conduct. - The good conduct of any prisoner in any penal
institution shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of five
days for each month of good behavior;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction of eight days for each month of good behavior;

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each month of good behavior; and

4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behaviour.

Article 98. Special time allowance for loyalty. - A deduction of one-fifth of the period of his
sentence shall be granted to any prisoner who, having evaded the service of his sentence under
the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away of the calamity
or catastrophe to in said article.

Article 99. Who grants time allowances. - Whenever lawfully justified, the Director of Prisons
shall grant allowances for good conduct. Such allowances once granted shall not be revoked.

Title Five

CIVIL LIABILITY

Chapter One
PERSON CIVILLY LIABLE FOR FELONIES

Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a
felony is also civilly liable.

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