Juver P.

Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCRIM2 – Introduction to Philippine Criminal Justice System Reviewer

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
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 .
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".

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.
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

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.

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.
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 acts.
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.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCRIM1 – Introduction to Criminology and Psychology of crime Reviewer

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.
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.
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.
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 .
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCRIM3 –Theories of Crime Causation Reviewer

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

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.

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

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
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”.

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
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
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.
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
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPFRS1 – FORENSIC CHEMISTRY AND TOXICOLOGY Reviewer

Romans - formulated the first essential element of forensic science.

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.
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.

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”.

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.

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.
• 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
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
sometime 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.
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.
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.
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
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPLEA1- Law enforcement Operation with Crime Mapping Reviewer

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 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
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.
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.

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
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
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.
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.
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
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.

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.
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.

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 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

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:

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.
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.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCDI1 FUNDAMENTALS OF CRIMINAL INVESTIGATION Reviewer

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.

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.
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
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

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.
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

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

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.

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.

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, 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

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

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;
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.

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.

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 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

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
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
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
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
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:

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.

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.

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
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,

Comparative Police System Review Questions 1

1. Interpol as an organization became known as such in
A. 1936
B. 1946
C. 1956
D. 1966 Ans C. 1956

2. The Organization known simply as Interpol is the

A. International Police Association
B. Association of Chief of Police
C. International Criminal Police Organization
D. None of the Above Ans C. International Criminal Police Organization
3. The Present Interpol was officially created as the International
Criminal Police Commission in what year?
A. 1913
B. 1923
C. 1933
D. 1943 Ans B. 1923

4. It is the world’s largest international police organization, with

190 member countries.
A. International Police Organization
B. Aseanapol
C. Interpol
D. Borderpol Ans C. Interpol

5. Interpol has how many member countries?

A. 180
B. 185
C. 190
D. 195 Ans C. 190

6. Cambodia National Police was established in what year?

A. 1945
B. 1946
C. 1947
D. 1948 Ans A. 1945

7. The Permanent seat of the Aseanapol secretariat is in what place?

A. Manila
 B. Kuala Lumpur
C. Hanoi
D. Jakarta Ans B. Kuala Lumpur

Comparative Police System Review Questions 2

8. The First Aseanapol meeting of Chief of Police was held in
A. Manila
B. Kuala Lumpur
C. Hanoi
D. Jakarta Ans A. Manila

9. The first formal meeting of the Chiefs of ASEAN Police was held on
A. 1981
B. 1982
C. 1983
D. 1984 Ans A. 1981
10. Aseanapol has how many member countries?
A. 8
B. 9
C. 10
D. 11 Ans C. 10

11. The Executive Director of Aseanapol has a tenure of how many years?
A. 1 year
B. 2 years
C. 3 years
D. 4 years Ans B. 2 years
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPLEA3 – INTRODUCTION TO INDUSTRIAL SECURITY CONCEPT Reviewer

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,
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.
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.

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.
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.

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.

Industrial Security Management Reviewer 1

1. The Private Security Agency Law is known as
A. R.A. No. 5487
B. R.A. No. 5467
C. R.A. No. 5476
D. R.A. No. 5478 Ans A. R.A. No. 5487

2. Any Person who is not a member of a regular police agency

or the Armed Forces of the Philippines who does detective
work for hire, reward or commission.
A. Private Detective Agency
B. Private Detective
C. Private Security Guard
D. Private Security Agency Ans B. Private Detective
3. How many security agency may a person organize or have an
interest in?
A. Four
B. Three
C. Two
D. One Ans D. One

4. A Security Guard must be at least

A. 5'2" in Height
B. 5'3" in Height
C. 5'4" in Height
D. 5'5" in Height Ans C. 5'4" in Height

5. Who has the power to promulgate the rules and regulations

to carry out the provisions of R.A. No. 5487
A. The President of the Philippines
B. The DILG Secretary
C. The Chief of the PNP
D. The DOJ Secretary Ans C. The Chief of the PNP

6. Who has the power to exercise general supervision over

the operation of all Private Detective or Security Guard
Agencies?
 A. LGU
B. DILG
C. PNP
D. DOJ Ans C. PNP

7. A Security Agency operating in the City of Manila may

employ not more than
A. 500 Security Guards
B. 1000 Security Guards
C. 1500 Security Guards
D. 2000 Security Guards Ans B. 1000 Security Guards

8. The Chief PNP in issuing rules and regulations implementing

R.A. No. 5487 or the Private Security Agency Law must
consult with the
A. SAGSD
B. PADPAO
C. DILG
D. LGU Ans B. PADPAO

9. A License to operate a private security agency shall be valid

for how many years?
A. One
B. Two
C. Three
D. Four Ans B. Two

10. The Application for renewal of license to operate a private

security agency shall be filed at least how many days before
expiry date?
A. 15
B. 30
C. 45
D. 60 Ans D. 60
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
FORENSIC PERSONAL IDENTIFICATION REVIEWER

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.
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)

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.

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 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
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".

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.

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.

Personal Identification Reviewer 1

1. The abrupt end of a ridge.
A. Ridge ending
B. Independent ridge
C. Ridge bifurcation
D. Island

2. A single ridge that divide into two ridges.

A. Ridge ending
B. Bridge
C. Spur
 D. Ridge bifurcation

3. A Ridge that commences, travels a short distance and then ends.

A. Ridge ending
B. Spur
C. Short ridge
D. Delta

4. A single small ridge inside a short ridge or ridge ending that is

nor connected to all other ridges.
A. Delta
B. Spur
C. Short ridge
D. Island

5. A single ridge that bifurcates and reunites shortly afterwards

to continue as a single ridge.
A. Cross-over
B. Ridge enclosure
C. Independent ridge
D. Island
6. A bifurcation with short ridge branching off a longer ridge.
A. Core
B. Independent ridge
C. Spur
D. Delta
7. A short ridge that runs between two parallel ridges.
A. Bridge
B. Short ridge
C. Ridge enclosure
D. Ridge bifurcation
8. A Y shaped ridge meeting.
A. Delta
B. Cross-over
C. Core
D. Spur
9. A U turn in the ridge pattern.
A. Delta
B. Cross-over
C. Core
D. Spur

10.Major features of a fingerprint.

A. Minutiae
B. Bridge
C. Divergence ridge
D. Cross-over

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.

Answers: Personal Identification

1. A
2. D
3. C
4. D
5. B
6. C
7. A
8. A
9. C
10. A

Personal Identification Reviewer 2

1. It is an electronic device used to capture a digital image of the
finger print pattern.
A. Fingerprint
B. Fingerprint Identification
C. Fingerprint Sensor
D. Electronic Recording

2. It refers to the identification of humans by their characteristics

or traits.
A. Fingerprint
B. Fingerprint Identification
C. Fingerprint Sensor
D. Biometrics

3. A U-turn in the ridge pattern.

 A. Island
B. Delta
C. Bridge
D. Core

4. A Y-shape ridge meeting.

A. Delta
B. Island
C. Cross-over
D. Core

5. A short ridge that runs between two parallel ridges.

A. Ridge Enclosure
B. Bridge
C. Ridge Ending
D. Cross-over

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

A. Spur
B. Ridge Bifurcation
C. Ridge Enclosure
D. Island

7. A single ridge that bifurcates and reunites shortly afterwards

to continue as a single ridge.
A. Spur
B. Ridge Bifurcation
C. Ridge Enclosure
D. Island

8. A single small ridge inside a short ridge or ridge ending that is

not connected to all other ridges.
A. Ridge Ending
B. Island
C. Cross-over
D. Spur

9. A ridge that commences, travels a short distance and then

ends.
A. Short Ridge
B. Ridge Ending
C. Spur
D. Cross-Over

10. Short Ridge is also known as

A. Spur
B. Bridge
C. Island
D. Independent Ridge

Answer:
1. C
2. D
3. D
4. A
5. B
6. A
7. C
8. B
9. A
10. D
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPLEA4 – PROFESSIONAL CONDUCT AND ETHICAL STANDARD REVIEWER

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,
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
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.

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
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.

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.”

Police Ethics Reviewer 1

1. Known as the Code of Conduct and Ethical Standards for
public officials and employees.
A. R.A. No. 9344
B. R.A. No. 6713
 C. R.A. No. 9262
D. P.D. No. 603 Ans B. R.A. No. 6713

2. A branch of Philosophy dealing with what are good and bad with
moral duty and obligation.
A. Logic
B. Epistemology
C. Aesthetics
D. Ethics Ans D. Ethics

3. Are Rules by which we make decisions about right and wrong,

should and shouldn't, good and bad.
A. Morals
B. Ethics
C. Values
D. Customs Ans C. Values

4. It means observance of social norms as required by good

breeding.
A. Etiquette
B. Ethics
C. Values
D. Practice Ans A. Etiquette

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

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
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
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
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

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.
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.

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.

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.

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.

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;

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.
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.

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 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

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.

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.

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.
 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 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 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 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 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.
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).

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.

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.

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 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 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

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 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.

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.

Criminal Law Review Questions 1

1. A Branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law

2. One of the following is not a characteristic of criminal law.

A. General
B. Territorial
C. Prospective
D. Retroactive

3. Criminal law is binding on all person who reside or sojourn

in the Philippines. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive

4. One of the characteristics of criminal law is generality. Which

of the following is not an exception to the principle of
generality.
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above

5. One of the following person is not immune from Philippine

criminal law.
A. Sovereigns and other chief of state
B. Ambassador
 C. Consuls
D. Charges d' Affaires

6. Penal laws of the Philippines are enforceable only within

its territory. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. None of the above

7. One of the following is not an exceptions to the territorial

principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of
the Philippines or the obligations and securities issued
by the government.
C. Crimes committed against national security and the law of
nations.
D. Crimes committed against public order.

8. Criminal law does not have any retroactive effect. This

characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive

9. When the law is favorable to the accused, is an exception

to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive

10. A Theory of criminal law, Basis is man's free will to choose

between good and evil. The purpose of penalty is retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.

Answer:

1. C
2. D
3. A
4. D
5. C
6. B
7. D
8. C
9. C
10. A

Criminal Law Review Questions 2

1. Basis is the sum of social and economic phenomena which
conditions man to do wrong in spite of or contrary to his
volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above

2. In the construction of penal laws, it must be ______________

construed in favor of offender.
A. Strictly
B. Liberally
C. Severely
D. Precisely

3. Which of the following is not a limitation on power of

congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the
constitution.
D. None of the Above

4. The Revised Penal Code took effect on

A. March 6, 1929
B. March 6, 1930
C. February 1, 1932
D. February 1, 1934

5. What determines whether a vessel is a Philippine vessel for

purposes of the application of criminal law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
D. None of the Above

6. Crimes committed aboard foreign vessel within the territorial

waters of a country are not triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above
7. Crimes committed aboard a foreign vessel within the
territorial waters of a country are triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above

8. For Offenses committed aboard foreign vessel committed in

Philippine waters. What principle is applicable to the
Philippines.
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above

9. Acts and omissions punishable by the RPC is known as

A. Felonies
B. Crimes
C. Misdemeanor
D. None of the Above

10. Acts and omissions punishable by any law is known as

A. Felonies
B. Crimes
C. Misdemeanor
D. None of the Above

Answer:

1. B
2. B
3. D
4. C
5. A
6. C
7. B
8. B
9. A
10. B
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPFRS3 - FORENSIC PHOTOGRAPHY REVIEWER

Police photography - refers to the use of a camera and video for law enforcement purposes such as
documenting physical evidence and crime scenes, or recording interrogations, traffic stops,
surveillance, public thoroughfares, traffic accidents and still images of arrested
individuals (Miller, 2007).
Forensic photography - refers to the recording of objects and scenes to be used for and
within the legal process.
camera obscura - the first pinhole camera.
Sir John F. W. Herschel - discovered infrared radiation.
Louis Jacques Mandé Daguerre - invented the daguerreotype, the first commercially successful photographic
process.
William Henry Fox Talbot - invented the calotype, a silver chloride-coated light-sensitive paper that was fixed
with strong salt solution, the calotype (from the Greek kalos, meaning “beautiful”) was later patented by Talbot
in 1841.

Light - is the very essence and the basic substance of photography.

Bright Light – a lighting condition wherein objects in open space cast a deep on uniform shadow
Hazy Light - a lighting condition wherein the objects in open space cast a transparent shadow
Dull Light – a lighting condition wherein the objects in open space cast no shadow
photographic film - is defined as a thin, transparent, flexible acetate or polyester base,
coated with light-sensitive emulsion used in a camera to record a photographic image.
They should always be kept in a cool place, out of direct sunlight, in low humidity, and
away from all sources of chemical fumes.

types of digital cameras.

1. View Camera
This is a large-format camera, using individual pieces of 5x4 inch (12.7 x
10cm) film or larger (5x7, 8x10, 11x14), with a lens panel mounted on a flexible
bellows and a ground-glass screen at the image plane for viewing and focusing.
They are also known as a technical camera.
2. Polaroid Camera or Instant-print Camera
- This type of camera can produce a black-and-white or colored print in less
than a minute after the picture has been snapped. The photograph is self-
developed either within or outside the camera.

3. Spy Camera
- This usually refers to a camera disguised as a matchbox, card case, pocket
watch, or other small item and used surreptitiously
4. Infrared Camera
- This is a camera with detectors that respond to infrared energy radiated by
any heat. It is used to take photographs without the presence of light and works as
well by day or night. It is commonly used in surveillance during nighttime.
5. Pinhole Camera
- This is a simple camera consisting of a light-tight box with a piece of film at
one end and a tiny pinhole in the other instead of a lens) through which light is
transmitted. This camera has no lens, and its aperture is controlled by a paper flap.
6. Disposable Cameras
- These are cameras that are supplied with pre-loaded fit When the film has
been exposed, the whole camera is taken into the processing laboratory.
7. Cellphone Cameras
- More people now have cameras and take more pictures d largely to the
popularity of the mobile phone with built right digital cameras of up to 8 MP on the
CCD chip. Some even har zoom functionality, ability to record, and come with a
ftann light source.

Ranges of Photographs
1. General View or Long Range
- General view or long-range photographs of the overall scene are
fundamentally taken to portray the areas as if a person viewing the scene
is seeing it from the standing position.
2. Medium View or Mid-range
- Medium view or mid-range photographs are taken in a manner which
portrays the scene from approximately ten to twenty feet of distance from
the subject matter.
3. Close-up View/Range
-Close-up range photographs are normally taken approximately five feet or
less from the subject matter.

Methods of Photographing the Crime Scene

1. Overlapping Method
-A photographic method of taking a series of photographs in a circular or
clockwise direction, overlapping each other slightly to show the entire crime
scene. If a single photograph cannot show the entire crime scene, apply this
method.

2. Progressive Method
- A photographic method of taking crime scene photographs starting from a
fixed point, photographing each piece of evidence from general to specific
as the photographer moves toward it, and progressively getting closer.

TYPES OF SKETCHES

1. Rough Sketch – A rough sketch is drawn free-hand by the sketcher at the

crime scene. Changes should not be made to it after the sketcher has left the
scene. This sketch will not normally be drawn to scale, but will indicate accurate
distances, dimensions, and relative proportions.
2. Smooth Sketch – A smooth sketch is one that is finished and is frequently
drawn to scale from the information provided in the rough sketch. If a sketch is
drawn to scale, the numbers concerning the distances can be eliminated.
However, if the sketch is not drawn to scale, the distances need to be shown.

METHODS OF SKETCHING

1) Coordinate Method
- The coordinate method measures the distance of an object from two fixed
points. One form of this method uses a baseline which is drawn between
two known points. The baseline could be a wall or drawn as a mathematical
center of a room. The exact dimensions of which are known. The
measurements of a given object are then taken from left to right along the
baseline, to a point at right angles to the object which is to be plotted. The
distance will be indicated in the legend with a number in parentheses
following the name of the object.

2) Triangulation Method
-The triangulation method is useful in an outdoor situation where there are
no easily identifiable edges of roads or fields to use as reference points.
Two or more reference points are located and should be widely separated
if possible. The item of interest is located by measuring along a straight line
from the reference points.
3) Cross-Projection Method
- The cross-projection method is useful when the items or locations of interest
are on or in the wall surfaces as well as elsewhere in an enclosed space.
The walls, windows and doors in a cross-projection sketch are drawn as
though the walls had been folded flat on the floor. Then a sketch is drawn
of the measurements from a given point on the floor to the wall.
Definition of Terms:

Photography - To write with light,from two Greek words, Phos - light and Graphia - write.

Police Photography - It is an art or science which deals with the study of the principles of photography, the
reproduction of photographic evidence, and its application to police work.
Forensic Photography - the art or science of photographically documenting a crime scene and evidence for
laboratory examination and analysis for purposes of court trial

Biconvex - A lens is biconvex (or double convex , or just convex ) if both surfaces are convex.

Biconcave - A lens with two concave surfaces is biconcave (or just concave ).

Plano-convex or Plano-concave - If one of the surfaces is flat, the lens is plano-convex or plano-concave
depending on the curvature of the other surface.

Meniscus - A lens with one convex and one concave side is convex-concave or meniscus.It is this type of lens
that is most commonly used in corrective lenses.

Positive or Converging Lens - If the lens is biconvex or plano-convex, a collimated or parallel beam of light
traveling parallel to the lens axis and passing through the lens will be converged (or focused ) to a spot on the
axis, at a certain distance behind the lens (known as the focal length ). In this case, the lens is called a positive
or converging lens.This lens is always thicker at the center and thinner at the sides. Light passing through it is
bended toward each other on the other side of the lens meeting at a point. It produces a real image on the
opposite side of the lens or where light is coming from.

Negative or Diverging Lens - If the lens is biconcave or plano-concave, a collimated beam of light passing
through the lens is diverged(spread); the lens is thus called a negative or diverging lens. The beam after
passing through the lens appears to be emanating from a particular point on the axis in front of the lens; the
distance from this point to the lens is also known as the focal length, although it is negative with respect to the
focal length of a converging lens.This lens is always thinner at the center and thicker at the sides. Light passing
through it is bended away from each other as if coming from a point. It produces a virtual image on the same
side of the lens or where light is coming from.
.
Astigmatism - This defect is present when the size of image produced by photographic rays of one wavelength
is different from the size produced by another

Characteristics of a Photographic Paper

1.Chloride paper - has a slow speed and is suited for contact printing.
2.Bromide paper - has a fast speed and is recommended for projection
printing or enlarging.
3.Chloro-bromide paper - is a multi-speed and could be used in both
contact printing and enlarging.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCRIM4 –HUMAN BEHAVIOR AND VICTIMOLOGY Reviewer

HUMAN BEHAVIOR – The acts, attitudes and performances of

flesh and blood individuals according to their environment; property the subject matter of psychology.

Definition of Terms:

•Behavior - any act of person which is observable; any observable responses of a person
to his environment; manner of one’s conduct.
•Attitude - position of the body, as suggesting some thought, feeling, or action; state of
mind, behavior, or conduct regarding some matter, as indicating opinion or purpose;
internal processes.
•Psychopathology- the scientific study of mental, emotional, and behavioral disorders
as well as abnormal or maladaptive behavior.
•Psychology - the science that studies behavior and mental processes.
•Personality - that which distinguishes and characterizes a person.
•Character - the combination of qualities distinguishing any person or class of persons;
any distinctive trait or mark, or such marks or traits collectively belonging to any person,
class or race.

Attributes or Characteristics of Behavior

1. Overt behavior – behaviors that are observable.
2. Covert behavior – those that are hidden from the view of the observer.
3. Simple behavior – less number of neurons are consumed in the process of behaving
4. Complex behavior – combination of simple behavior
5. Rational behavior - acting with sanity or with reasons
6. Irrational behavior – acting without reason/ unaware
7. Voluntary behavior – done with full volition of will.
8. Involuntary behavior – bodily processes that goes on even when we are awake or asleep

Aspects of Behaviors
1. Intellectual Aspect – way of thinking, reasoning, solving problem, processing info and
coping with the environment.
2. Emotional Aspect – feelings, moods, temper, strong motivational force with in the person.
3. Social Aspect – people interaction or relationship with other people.
4. Moral Aspect – conscience, concept on what is good or bad.
5. Psychosexual Aspect – being a man or a woman and the expression of love.
6. Political Aspect – ideology towards society/government.
7. Value/ Attitude – interest towards something, likes and dislikes..
Three Levels of Behavior
1. The Vegetative - responsible for nurturing and reproduction, mostly found in plants; in
human beings, for food and reproduction.
2. The Animal - movement and sensation, mostly the use of the senses and sex drives.
3. The Rational/Psyche/Human - values and morals, reasons and the will (purpose and
freedom).

Three Faculties of Man

1. Will - the power of conscious deliberate actions; the faculty by which the rational mind
makes choice of its ends of action, and directs energies in carrying out its determinations.
2. Intellect - the faculty of power of perception or thought; or power of understanding.
3. Soul - the rational, emotional, and volitional faculties in man, conceived of as forming
an entity distinct from, often existing independently of his body; the emotional faculty of
man distinguished from intellect.

Assessing Human Behavior (Measures)

1. Descriptive Method (describing the behavior)
a. Naturalistic observation - observes the behavior in the natural setting of the
person’s background, e.g. home, school, church, etc.
b. Systematic observation - making use of the adjective check lists, e.g. skills
rating (inventories and questionnaires) test given by the guidance counsel.
2.Clinical Method - diagnose and treatment of serious emotional or mental disorders or
disturbances.
3.Experimental Method - relationship between variables by way of experimental
(laboratory). Specimens are required for comparison and for contrast.
4.Statistical Method - making use of researches that were conducted; measures
ofcentral tendencies, mean, median, mode tests; (the use of the Uniform Crime Report
(UCR))
Criminal Behavior -It refers to actions that are prohibited by the state and punished under the law.
Formula of Criminal behaviour
- In explaining the birth of a criminal act or criminal behavior, we must thus
consider three factors: criminalistic tendencies (T), the total situation (S), and the
person’s mental and emotional resistance to temptation (R). These factors then can be
put into a formula as:
C = T + S where C – Crime/Criminal Behavior
Psychosis came from the word "psyche", for mind/soul and "osis", for abnormal
condition it means abnormal condition of the mind, and is a generic psychiatric term for
a mental state often described as involving a "loss of contact with reality".
Symptoms of psychosis are the following:
1. Involution Reaction -demonstrates severe depression during the involution period
without previous history of psychosis.
2. Affective Reaction - There is a presence of inappropriately exaggerated mood and
marked change in activity level with associated thought disorder
3. Manic-Depressive Reaction Manic-depressive reaction shows cyclical disturbances
involving various combination of or alternation between excitement and delusional
optimism on the one hand and immobilizing, delusional depression on the other.
4. Schizophrenic Reaction -are bizarre behavior disturbances of thought and reality
testing, emotional withdrawals and varying levels of psychotic thinking and behavior
(Beltran, 1996)

Neurosis is a class of functional mental disorder

involving distress but neither delusions nor
hallucinations, whereby behavior is not outside
socially acceptable norms.

Symptoms of neurosis are the following:

1. Anxiety Reaction - has diffused fearfulness, tension, and restlessness with
sometimes snowball into episodes of panic.
2. Dissociative reaction -is a massive repression or dissociation of certain aspect of
experience or memory varying in intensity from sleepwalking to amnesias and multiple
personality disturbances.
3. Conversion Reaction - illustrates symbolic resolution of conflict that imitates the
effects of physical illnesses like paralysis, blindness, anesthesia, etc.
4. Phobic Reaction Phobic reaction- refers to intense irrational fear of specific objects
or events that may have a symbolic significance on the afflicted individual.
5. Obsessive-Compulsive Reaction- has repetitive, irrational thoughts obsessions
and/or actions (compulsions) which usually involve some symbolic effort at conflict
resolution.
6. Depressive Reaction Depressive -reaction refers to depression, usually
accompanied by guilt, feelings of inferiority, and anxiety

Sigmund Freud - (Father of Psychoanalysis),

1. The conscious is that part of the mind which is immediately focused in awareness.
2. The pre-conscious is that part of the mind which can be
recalled and brought to awareness at will.
Three Components of Personality.
1. ID - the unconscious part of the personality which serves as the reservoir of the primitive and biological
drives and urges. It is that part of the personality with which we are born.
2. Ego - the mediator between the ID and the superego. It refers to the developing
awareness of self or the “I”.
3. Superego - the socialized component of the personality. It is the authoritative or
parental direction which becomes incorporated into the personality as the
censoring force or “conscience”.

OEDIPUS COMPLEX
- Stage when young boys experience rivalry with their father for their mother’s
attention and affection. The father is viewed as a sex rival. This conflict is resolved by
the boy’s repression of his feelings for his mother.
ELECTRA COMPLEX
- The stage when a girl sees her mother as a rival for her father’s attention but for
 fear for her mother is less.

Emotion - It refers to feelings affective responses as a result of physiological arousal,

thoughts and beliefs, subjective evaluation and bodily expression.

1. James-Lange Theory by William James and Carl Lange -This theory states that emotion results from
physiological states triggered by stimuli in the environment emotion occurs after physiological
reactions.

2. Cannon-Bard Theory by Walter Cannon and Philip Bard -This suggests that
people feel emotions first and then act upon them. This is a theory that emotion
and physiological reactions occur simultaneously. These actions include
changes in muscular tension, perspiration, etc.

3. Two Factor Theory- This theory was provided by Schachter & Singer in which
they posited that emotion is the cognitive interpretation of a physiological
response. For many. this remains the best formulation of emotion. Most people
consider this to be the "common sense" theory to explain physiological changes;
their physiology changes as a result of their emotion.

Stress - refers to the consequence of the failure of an organism - human or animal - to respond
appropriately to emotional or physical threats,
whether actual or imagined.

Two Types of Stress:

1. Eustress (Positive) - is a word consisting of two parts. The prefix derives from
the Greek eu meaning either "well" or "good". When attached to the word "stress", it
literally mean "good stress". It is a stress that is healthy, or gives one a feeling fulfillment
or other positive feelings Eustress is a process exploring potential gains.
2. Distress (Negative) - Distress is known as the negative stress. Persistent
stress that is not resolved through coping or adaptation, deemed distress, may lead to
anxiety or withdrawal (depression) behavior (Lazarus, 1974).

Types of Long Term Stress

1. Stressful Event Sequences -is a single event that starts from a chain of challenging
situations. For example, losing a job or surviving a natural disaster.
2. Chronic Stress -lacks a clear end point. Often they force people to assume new roles
or change their self-perception.
3. Distant Stress -may have been initiated in the past (like childhood abuse or trauma
resulting from combat experiences, but continue to affect the immune system.

Coping mechanisms -are the total of ways in which people deal with minor to major
stress and trauma.
The following is the list of coping mechanisms:
1. Denial of reality – protection of oneself from unpleasant reality by refusal to perceive or face it.
Simply by avoiding something unpleasant. Or in denial, the ego shuts itself off from certain realities.
2. Fantasy – the gratification of frustration desires in imaginary achievement. Paying attention not to
what is going on around him but rather to what is taking place on his thoughts.
3. Projection – placing blame for difficulties upon others or attributing one’s own unethical desires to
others in an effort to prevent ourselves being blamed. A mother may deny her hatred for the child is
through projection. That is the mother’s ego may pretend that the child actually hates her. The mother
thus projects her unacceptable emotions onto the child.
4. Rationalization – the use of excuses an individual to him and to others. Attempting to
prove that one’s behavior is justifiable and thus worthy of self and social approval. It is
also an elaborate justification for what were obviously illogical or immature actions.
5. Reaction Formation – it occurs when someone tries to prevent his submission to
unacceptable impulses by vigorously taking an opposite stand. Preventing dangerous
desires from being expressed by exaggerating opposed attitudes and types of behavior
and using them as barriers. A step beyond denial is reaction formation, in which the ego
changes unacceptable love into acceptable hate (or vice versa). If a mother hates her
child - a feeling she must deny conscious awareness of - the mother may
6. Displacement – discharging pent-up emotion on objects less dangerous than those
that initially aroused the emotion.
7. Emotional Insulation - withdrawal into passivity to protect self from hurt.
8. Isolation/Intellectualization – serves to cut off the emotions from a situation which is
normally is full of feeling.
9. Regression – revert from a past behavior or retreating to earlier developmental level
involving less mature responses and usually a lower level of aspiration. Example is falling back to
childish behavior patterns; some respond to stress by overeating or by drinking too much.
10. Sublimation – a process by which instinctual drives, consciously unacceptable, are
diverted into personally and socially accepted channels. Example is gratification of
frustrated sexual desires in substitutive men sexual activities.
11. Identification – increasing feeling of worth by identifying self with person or
institution. The person can associate himself with something or someone to elevate
position. Or it is a process whereby an individual without conscious awareness, satisfied
frustrated desires by psychologically assuming the role or some of the traits of another
person.
12. Introjection – incorporating external values and standards into ego structures so
individual is not at their mercy as external threats. The acceptance of others’ values even
they are contrary to one’s own assumption.
13. Undoing – Apologizing for wrongs, repentance, doing penance and undergoing
punishment to negate a disapproved act.
14. Sympathism – striving to gain sympathy from others. The person seeks to be praised
by relating faults or problem.
15. Acting-out – reduction of the anxiety aroused by forbidden desires by permitting their
expression. The individual deals with all his impulses by expressing them.
16. Substitution (displacement) - a process by which an unattainable or unacceptable
goal, emotion or object is replaced by one that is more attainable or acceptable.
17. Repression - the ego blocks off threatening thoughts or desires and thus keeps them
from sweeping into the spotlight of consciousness.
18. Aim Inhibition -Sometimes we have desires and goals that we believe or realize that
we are unable to achieve in am inhibitien, we lower our sights reducing our goals to
something that we believe is actually more possible or realistic.”
19. Altruism - Avoid your own pains by concentrating on the pains of others maybe you
can heal yourself and feel good by healing them and helping them.
20. Attack- The best form of defense is attack is a common saying and is also a common
action, when we feel threatened or attacked (even psychologically) we will attack back.
21. Avoidance- We simply find ways of avoiding having face uncomfortable situations,
this or activities.
22. Self-harming - The person physically deliberately hurts himself/herself in some way
or otherwise puts themselves at high risk of harm.
23. Somatization- Occurs where a psychological problem turns into physical and
subconscious symptoms. This can range from simple twitching to skin rashes, heart
problems, and worse.

Defense mechanisms - are the unconscious techniques used to prevent a person’s self
image from being damage. When

Anxiety - is a psychological disorder that involves

excessive levels of negative emotions, such as
nervousness, tension, worry, fright, and anxiety.

Types of Anxiety Disorder

1. Generalized Anxiety Disorder -This disorder involves excessive unrealistic worry and
tension, even if there is little or nothing to provoke the anxiety.
2. Obsessive-Compulsive Disorder (OCD) -People with OCD are plagued by constant
thoughts or fears that cause them to perform certain rituals or routines.
3. Panic Disorder -This disorder keeps recurring attacks to a person of intense fear or
panic, often with feelings of impending doom of death. People with this condition have
feelings of terror that strike suddenly and repeatedly with no warning.
4. Post-Traumatic Stress Disorder (PTSD) -is a condition that can develop following a
traumatic and/or terrifying event, such as a sexual or physical assault. the unexpected
death of a loved one, or a natural disaster.
5. Specific Phobias - is an intense fear of a specific object or situation, such as snakes,
heights, or flying. Phobia is an exaggerated, unrealistic fear of a specific situation, activity, or object.
6. Social Anxiety Disorder -This is also called social phobia. It involves overwhelming
worry and self-consciousness about everyday social situations.

Three types of anxiety according to Freud

1. Reality Anxiety -refers to fear of real dangers in the external world.
2. Neurotic Anxiety - refers to fear that instincts will get out of control and cause
the person to do something for which he or she will be punished.
3. Moral Anxiety - is the fear of the conscience. People with well-developed
superegos tend to feel guilty when they do something that is contrary to the moral code
by which they have been.

Personality Disorder - are chronic maladaptive cognitive behavioral patterns that are
thoroughly integrated into the individual's personality and that are troublesome to others
or whose pleasure sources are either harmful or illegal.

Victimology - is a branch of criminology that examines the role played by the

victim in a criminal incident.

Psychological Types of Victims (Hans Von Hentig)

Depressed- submissive by virtue of emotional condition.
Acquisitive or greedy- wanting more or looking quick gains
Wanton or Overly Sensual- ruled by passion and thoughtlessly seeking
pleasure, ex: promiscuous persons
Lonesome- wanting of companionships or affection .Heartbroken- suffering from
heartaches and pain.
Tormentor- a victim who asked for it,often from his or.

Theories of Victimization
1. Victim Precipitation theory- Some people may actually initiate the confrontation that
eventually leads to their injury or death.
Active- occurs when victims act provocatively use threats or fighting words or even
attack first.
Passive- occurs when the victim exhibits some personal characteristics that
unknowingly threaten or encourage the attacker.
2. Lifestyle theory
Victimization risk -increased by such behaviors as associating with young men,
going out in public places, late at night and living in an urban area.
High risk victims- victims in this group have a lifestyle that makes a higher risk
for being a victim of a violent crime.
Moderate risk victims- some reason were in a situation that placed them in a
greater risk of level.
Low risk victims- These individuals stay out of trouble,do not have peers that are
criminal
3. Deviant place theory
Victims do not encourage crime but are victim-prone because they reside in
socially disorganized high-crime areas where they have the greatest risk of
coming into contact with criminal offenders.
4. Routine Activity theory Articulated by Lawrence Cohen and Marcus Felson.
They concluded that the volume and distribution of predatory crime (violent crimes
against a person and crimes in which an offender attempts to steal an object
directly.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCD12 – SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

Technical Definitions
1. Law - is a Rule of Conduct, just and obligatory laid by legitimate powers for
common observance and benefit.
2. Forensic - It devotes anything belonging to the court of law or used in the court
of legal proceedings or something fitted for legal or public argumentation.
3. Jurisprudence - is a practical science that investigates the nature, origin,
development, and functions of law.
4. Principle of Stare Decisis - A principle that when the court has once laid down
a principle of law as applied to a certain state of facts, it will adhere to and apply
to all future cases where the facts are substantially the same.
5. Criminalistics - It is the application of medical and other basic sciences in crime
detection and investigation. It includes the collection, identification, and
preservation of evidence.

Proof beyond a reasonable doubt.

- In a criminal case, the defendant is entitled to an acquittal unless guilt is shown
beyond a reasonable doubt.

DECEPTION DETECTION METHODS

It is a method of gathering information from the subject about the crime in dispute
employing the use of special medicines and other devices drugs and other substances.
Their results are not admissible in court but useful for further investigation
METHODS OF DECEPTION DETECTION
1. Use of polygraph test or lie detector test or Keeler's test.
Polygraph is an instrument that measures and records several physiological
responses such as blood pressure, pulse rate, respiration, and skin conductivity
while the subject is asked and answers a series of questions, on the basis that
false answers will produce distinctive measurements.

LIE DETECTOR OR POLYGRAPH TEST

- A test used to record physiological changes associated with lying in a subject.
The polygraph machine will record the blood pressure, respiratory rate, and skin
resistance to electricity on a graph paper.

Confession and Admission

Confession - is an expressed acknowledgment by the accused in a criminal case
of the truth of his guilt as to the crime charged.
A confession is different from admission. A confession is a declaration of the
 accused that he had committed or participated in the commission of the crime and
therefore a statement of guilt! while admission is a statement of fact usually applied in
criminal cases that do not directly involve an acknowledgment of guilt or criminal intent.
Kinds of Confession:
A. Extra-Judicial Confession
The confession was made outside the court during the preliminary investigation.
1. Voluntary extrajudicial confession - A confession voluntarily made
outside the court in his free will without using force, intimidation, violence,
threat, promise, or reward. This confession is voluntarily and admissible in
court as evidence.
2. Involuntary extra-judicial - This is a confession done outside the court
wherein the accused made the statement which is not of his own free will
or influenced by other person or given as a result of force or intimidation,
violence, threat, promise, or reward. This confession is not admissible in
court as evidence because it is involuntarily taken and under threat, force,
intimidation, reward, or promise.

B. Judicial Confession
- A confession was made inside the court. It is conclusive and may be
considered to be a mitigating circumstance to criminal liability.
- A plea of guilty when formally offered or entered on arraignment is
sufficient to sustain a conviction of any offense even a capital one without further
proof.

Identification - is the recognition of an individual as determined by characteristics that

distinguish that individual from all others.

a. Cerebellar Gait - A swaying or staggering manner of walking like that of a drunk person.
b. Cow's Gait - A manner of walking due to knock knee like that of a cow.
c. Ataxic Gait - A gait in which the foot is raised high and forward drops down suddenly.
d. Paretic Gait - feet, and legs are held wide apart, steps are short, feet are dragged.
e. Spastic Gait - A person walks like a robot the legs are held together and move forward with short steps and
toes are dragged.
f. Frog Gait - Hopping Gait like that of a frog.
g. Waddling Gait – Swaying movements of the buttocks like that of a duck
Scientific Methods of Identification
1. Dactylography - art and study of recording fingerprints.
Dactyloscopy - the art of identification comparison of fingerprints.
Poroscopy - Study of pores found on the papillary ridges of the skin.
Fingerprinting considered to be the most valuable method of identification and it
is universally accepted. Fingerprints are not changeable and it is formed on 4th
month of pregnancy.
Bibliotics - the science of handwriting analysis. It is a study of documents with their
genuineness or authorship.
Bibliotist - a person who had acquired special knowledge of the science of handwriting
or handwriting expert of qualified questioned documents examiner
Graphology - The study of handwriting to determine the writer's personality, character,

Tests for the Blood:

A. Physical tests
1. Solubility test: Blood-stained material is placed in a saline solution that will give
a bright red color to the solution. This solution can be used for further
examination of the blood.
2. Heat test: The blood-stained material soaked in a saline solution and heated will
have sediments or precipitates.
3. Luminescence test: Stains on dark fabric with mud, paint, and other substances
will emit bluish-white luminescence in a dark room when sprayed with a special
solution due to the reaction of hematin crystal. Although the solution does not
interfere with further tests, unsprayed specimens of the material must be kept for
the serologic test. Lyon's Medical Jurisprudence for India, 10 ed., 1953, p. 303)
B. Chemical taste: Although there is yet no chemical test that gives positive proof
of the presence of blood these are tests that are of help in indicating which stains
should be submitted for further examination.
1. Benzidine test: A fragment of the suspected stain is placed in the filter
paper. Drop a solution consisting of one part of a 10% solution of
benzidine in glacial acetic acid (freshly made) and 10 parts hydrogen
peroxide. A rapidly developing blue or blue-green color indicates the
presence of blood. However, oxidizing agents other than blood also gives
these reactions, so that the test is more reliable when negative than
positive. This test has a sensitivity of up to 1:300,000 dilution.
2. Guiacum test - (Van Deen's Day's or Schombein's test). Pressed and
rubbed the surface of the stain on the white filter paper. The solution of the
alcoholic tincture of guiacum is added, then hydrogen peroxide or ozonic
ether is applied by drops. The blue color is indicative of the presence of
blood, although other substances like potato skin, iron rust, cheese, blue
indigo give positive results. The guiacum test is positive up to 1:50,000
dilution.
3. Phenolphthalein test - (Kastle-Meyer test): The Kastle-Meyer reagent is
dropped on a white filter with stained material. After 10 seconds, a drop of
hydrogen peroxide is placed. A pink color indicates the presence of
peroxidase. This test is sensitive to 1:80,000,000 dilution.
4. Leuco-malachite Green test: With the use of hydrogen peroxide, the
leuco-malachite green is Oxidized to malachite green giving a bluish-
green or peacock blue color of the solution if blood is present.

5. Bloodstained material in saline plus ammonia will give a brown solution

due to the formation of alkaline hematin
C. Microscopic Examination: The presence of red blood cells, white blood cells,
platelets, epithelial cells, and bacteria may be seen when the saline extract of the
stained material is examined under the microscope. The examination relies on
the isolation of corpuscles and a consideration of their shapes, size, and the
presence or absence of nuclei. The fact that a stain is old will detract from the
value of this because of alteration to red cells.
The presence of blood in the mammals may be distinguished by the shape
and appearance of the corpuscles all possessing circular discs. Menstrual blood
will show vaginal epithelium and doederlein's bacillus
D. Micro-chemical test:
1. Teichmann's test of Haemin crystals: A small portion of the stain is
scrapped off, and placed on a microscope slide. From a garment, the stain
or a small part of it, maybe cut out and placed on a slide, and finally
covered with a coverslip. A glacial acetic in which is dissolved 0.1 gr
potassium iodide, chloride and bromide are under the cover slide and, the
slide is warm the flame. The slide is removed from the flash when bubbles
appear, and on cooling is brought the flame again. Overheating must be
avoided in the production of crystals. Haemin crystals are brown which are
bean shape or dumb-bell sh in appearance. The crystal may be usually
located at the periphery of the coverslip.
2. Takayama's test for Haemochromogen crystals. A small piece of
suspected stain is placed on a slide and covered with a coverslip. Two or
three drops of Takayama's reagent is made to drop at the sides of the
coverslip. Salmon pink crystals assume the shape of shallow rhomboids
which, in the mass, appear as feathery aggregates. A recommendation for
this test is the very characteristics spectrum produced by the
haemochromogen

3. Acetone Haemin test - Wagenhaar test: A dried stain or stained fabric is

placed on a glass slide and cored with a coverslip with a needle
interposed to prevent direct contact of the coverslip with the slide. Drop
acetone at the sides under the coverslip so that material 15 is surrounded
and a drop of dilute exalic or acetic acid is then added. When examined
under the high power microscope, the small dark dichroic, acicular crystals
of acetone haemin are seen.

E. Spectroscopic Examination: The blood pigments, which is the hemoglobin and

its derivative compound have the power of absorbing a certain wavelength and
produces certain characteristics bands on the spectrum with the spectroscope. In
newly fresh bloodstains, hemoglobin, oxyhemoglobin, and hematin line hematin,
hematoporphyrin, and reduced hematin may be determined.

Kinds of Death
1. Somatic or clinical death
- It is a complete, continuous, and persistent cessation of respiration,
circulation, and almost all brain functions of an organism.
Clinical Types of Death
A. Sociological Death - a type of death wherein the withdrawal and separation
from the patient by others producing a sense of isolation and abandonment.
Sociologic death can last for years if the patient is abandoned by the family,
unvisited, and let alone to die.
B. Psychic Death - the condition of death wherein the patient regresses, gives up
surrenders accepting death prematurely, and refuses to continue living.
C. Biologic Death - a type of death characterized by the absence of cognitive
function awareness, although an artificial support system may maintain organs
functioning.
D. Physiologic Death - a type of death when all vital organs cease to function.
2. Molecular Death or Cellular Death
It is the cessation of the life of the individual cells in the body which occurs one at
a time after somatic death. Nerve and brain cells die earlier about 5 minutes after
somatic death while muscle cells live longer until the onset of rigor mortis which
is about 2-6 hours.
3. Apparent Death or State of Suspended Animation
It is a state of temporary cessation of vital activities of the body. This condition is
not death although classified under the kinds of death because the person is still
alive although it seems that there are no signs of life. Apparent death may be
seen in diseases or conditions like uremia, hysteria, drowning, and electrocution
and sometimes in newborn infants.
Stages of Muscular Change
1. Stage of Primary Flaccidity
- It is the stage of muscular change upon death characterized by the
relaxation of muscles and loss of their natural tone so the jaw or head
drops down, the thorax collapses, and the limbs become flaccid and the
splinters relax. This is the reason why the dead person may still urinate,
defecate, or excrete waste product of metabolism through pores in the
skin. When muscles are subjected to mechanical or electrical stimuli. the
muscles will contract owing to the presence of the life of the individual
cells. This stage lasts for 4-3 hours after death.
2. Stage of Post Mortem Rigidity or Rigor Mortis
- The whole body becomes rigid due to the contraction of the muscles. This
develops 34 hours after death and may last for 18-36 hours. The stiffness
which develops in the muscles of the body after death depends upon post
mortem chemical changes affecting the glycogen and constituents of the
muscle cytoplasm. For a short time after death. The reaction of the muscle
protoplasm is alkaline and as long as this condition endures the skeletal
muscle remains flexible. In most cases, the reaction changes from alkaline
to acid from 2-6 hours post mortem because of the conversion of glycogen
and other substances to sarcastic phosphoric acids. Rigidity then begins
to develop in the muscles of the face, jaw, per extremities, trunk, and
lower extremities. The process is completed in 2-6 hours. This stiffness
lasts from 12-36 hours.
Conditions Simulating Rigor Mortis

A. Heat Stiffening - A condition characterized by hardening of the muscles

due to coagulation of muscle proteins when the dead body is exposed to
intense heat as by burning or immersion in a hot liquid.
B. Cold Stiffening - A condition characterized by hardening of the muscles
due to solidification of fats, muscles, and fluid when the dead body is
exposed to extremely cold temperature.
C. Cadaveric Spasms or Spontaneous Rigidity - It is the instant stiffening
of a certain group of muscles which occurs immediately at the moment of
death, although its cause is unknown, it is associated with violent death
due to extreme nervous tension, and injury to the central nervous system.

3 Special Forms of Putrefaction

A. Mummification
-A condition where is the removal of the body fluid before decomposition
sets in results in sinking and preservation of the body.
Natural Mummification - The dead only is buried or exposed to dry hot sandy
soil with considerable air movement. While artificial mummification or embalming
is a form that preserves the dead body by the addition of some chemicals like
formalin, alcohol, phenol, mercury, and arsenic and covering the skin with plaster
of Paris.
B. Saponification or Adipocere Formation
-It is a formation of a soft, friable, and brownish white greasy substance.
This substance is called adipocere and formed by the post mortem hydrolysis
and dehydrogenation of the body fats. Adipocere is a soapy or waxy material,
rancid in smell, dissolves in alcohol, and ether when burned produces a yellow
flame.
C. Maceration
-It is a condition of the dead body usually the fetus characterized by
softening and discoloration of tissues as well as the formation of blisters due to
the action of autolytic and proteolytic enzymes in the absence of putrefactive
bacteria.

Basis in Estimating the Time of Death

1. General Physical Changes
-a warm supple of the body with the moist, transparent cornea and moist
lips as well as the absence of post mortem lividity is a condition of recent
death.
2. Post Mortem Lividity or Livor Mortis
-The onset of post mortem lividity is 20-30 minutes and completes in about 12 hours.
3. Post Mortem Rigidity or Rigor Mortis
- Onset is 3-4 hours after death, completed in about 12 hours. May lasts 24- 36 hours in tropical countries.
4. Onset and Stage of Decomposition
-In tropical countries, the onset of decomposition is 1-2 days after death and skeletonized in a month.
5. Life Cycle of Flies
- The egg or ova laid on dead bodies will hatch to form maggots within 24
hours. The maggots will feed vigorously on the damaged dead bodies,
then transform into pupal stage and finally into adult flies within a few
days.

6. Change in the Body Temperature

- Upon Dead body temperature decreases gradually until it reaches the
temperature of the environment. The rate of fall of the temperature 18
from 15°F to 20°F is considered as a sign of death.
7. Changes in the blood
- The blood remains fluid in the body after death for 6-9 hours.
8. Changes in the Stomach
- It usually takes 3-4 hours for the stomach to empty its contents after
meals.
9. Changes in the Hair
10.Changes in the Urinary Bladder
-The amount of urine in the bladder may indicate the time of death when
taken into consideration the time when a person urinates or evacuates his urinary bladder.
11.States of Clothing
- If the dead person is well dressed, it is more likely that death occurs at day
time, but if wearing pajamas of nightgowns, it is possible that death occurs
at night and probably at home.
12.Presence or Absence of Fleas in the clothing of dead Person in Water
If fleas in the Clothing of a drowned person are still alive, the person has
been in the water less than 24hours. Survival of the fleas is not possible if
they are in the water for more than 24 hours.

Classification of Physical Injuries

1. Physical Injury - use of physical force
2. Thermal Injury - caused by heat or cold
3. Electrical Injury - death caused by electrical energy
4. Atmospheric Injury - death or injury caused by a change in atmospheric pressure
5. Chemical Injury - death or injury caused by chemicals
6. Radiation - death or injury caused by radioactive substances.
7. Infection - Those caused by the microbic invasion.

Under violent death we have the following:

1. Accidental Death - In violent death, the death of the victim is not due to the
natural and direct consequence of the injuries inflicted. If there is an intervening
cause other than the physical injuries, then the offender cannot be held liable for
the death of the patient.
2. Negligent Death - death due to reckless imprudence, negligence, lack of skill, or
lack of foresight.
3. Infanticidal Death - death due to the killing of an infant less than 3 days old.
4. Parricidal Death (Killing of One's Relative) - It is death due to the killing of
one's relative.
Parricide: Any person who shall kill his father, mother, or child whether
legitimate or illegitimate or any of his ascendants or descendants or his spouse
shall be guilty of parricide and shall be punished by a penalty ranging from
reclusion Perpetua to death.
5. Homicidal Death - Homicide is the killing of another person with intent but
without justification.
Requisites of the Crime of Homicide:
The victim of a criminal assault was killed
The offender killed the victim without any justification;
There is the intention on the part of the offender to kill the victim and such
presumption can be inferred from the death of the victim
That the killing does not fall under the definition of the crime of murder
parricide or infanticide.

6. Murder - It is the unlawful killing of another person committed with any of the
following attendant circumstances.
A. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
B. In consideration of a price, reward, or promise.
C. Using inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a streetcar or locomotive, fall of
an airship, using motor vehicles, or with the use of any other means
involving great waste and ruin
D. On the occasion of any of calamities enumerated in the preceding
paragraph, or of an earthquake, the eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity;
E. With evident premeditation
F. With cruelty, by deliberately inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his person or corpse.
7. Euthanasia or Mercy Killing - It is a willful acceleration of death of a person to
lessen his sufferings. There are instances wherein a person suffering from a
hopeless incurable disease, ailment, or condition will be placed to death to
lessen his sufferings and for a financial reason as agreed by the physician and
relatives concerned. In some countries, mercy killing is against the law for the
reason that everyone has the right to live.

JUDICIAL DEATH:
Modern methods in the execution of death sentences have abandoned inhuman,
cruel, and barbarous means.

Methods of Judicial Death

A. Death by Electrocution - A person is made to sit on a chair made of electrically
conducting materials with straps of electrodes on both wrists, ankles, and head. An alternating current voltage of
more than 1,500 volts is put on until the convict
dies.
B. Death by Lethal Injection - the lethal drug is injected intravenously
C. Death Musketry or Firing Squad
-The convict is made to face a firing squad and is put to death by a volley
of fire. The convict may be facing or with his back towards the firing squad.
This method of execution of the death penalty is applied to military
personnel and decided by the court marshals. Death by musketry is considered
less heinous than death by hanging.
D. Death by Gas Chamber
- The convict is enclosed in a compartment and an obnoxious or
asphyxiating gas is introduced. The most common gas used is carbon
monoxide. The convict will not be removed from the gas chamber unless he is
pronounced dead by the penitentiary physician.
This method is not recognized by the Philippine civil or military law. In
some states of the United States, it is a legal means of judicial death execution.
E. Death by Hanging
- The convict is made to stand in an elevated collapsible flat- form
with a black hood on the head, a noose made of rope around the neck, and the
other end of which is fixed in an elevated structure above the head. Without the
knowledge of the convict, the flatform suddenly collapses which causes the
sudden suspension of the body and tightening of the noose around the neck.
Death may be due to asphyxia or injury of the cervical portion of the spinal cord.

PHYSICAL INJURY
An injury is the impairment of the body structure or function caused by the
outside force.
Legal Classification of Physical Injuries
1. Mutilation
-The intuitional act of cutting or looping any part or parts of the living body.

2. Slight Physical Injury

-It is the physical injury wherein the victim is incapacitated for work or
requires medical attendance for a period from one to nine days.

3. Less Serious Physical Injury

-A physical injury wherein the offended party is incapacitated for work or
require medical attendance for 10 days or more but not more than 30
days.

4. Serious Physical Injury

-It is an injury wherein the victim becomes ill or incapacitated for the
performance of his usual work for more than 90 days, the injury caused
deformity, loss of any member of his body, and loss the use thereof.

GUNSHOT AND SHRAPNEL WOUNDS

Is an open wound brought about by the penetrating power of the projectile
propelled by the expansive force of the burning gunpowder in the cartridge shell,
shrapnel wounds are open wounds produce by shrapnel and fragments of high velocity
after the detonation of high explosives like grenades and bombs.
A firearm - is an instrument used for the propulsion of a projectile by the
expansive force of gases coming from the burning gunpowder.

Types of Firearm

1. Revolver - has a cylindrical magazine capable of revolving action. It is a low-

velocity firearm with a muzzle velocity of 600ft. /sec.
2. Automatic Pistol - self-loading firearm with a muzzle velocity of 1,200ft. /sec.
classified as a low-velocity firearm.
3. Rifle - with long barrel and butt with a muzzle velocity of 2,500ft. sec. and a
range of 3,000 feet classified as a high-velocity firearm.
4. Shot Gun - the projectile is the collection of pellets or shorts and without
predetermined directions.

Asphyxia - is the general term applied to all forms of violent death which results primarily
from the interference with the process of respiration or the condition in which the supply
of oxygen to the or the tissues or both has been reduced below the normal level.

Sex is an inborn instinct of man. Any person without sex desire is abnormal.
Sexual Crime is a sexual act about sex.
Sexual Harassment is a sexual act committed by any person by uttering obscene
language which irritates the victim as well as unconventional sexual acts that are not in
conformity with the moral standard in society.
Sexual Assault is a genderless crime that involves unconventional sexual acts of
violence and aggression committed on the genital, oral, or anal orifices of another
person.
Virginity - is a condition of a woman who has not experienced sexual intercourse and
whose genital organ has not been altered by sexual intercourse.
Defloration - rupture or laceration of the hymen as a result of sexual intercourse. All
lacerations or rupture of the hymen by any other means from sexual intercourse is not
called defloration.
Republic Act No. 8353
An act expanding the definition of the crime of rape and reclassifying the same
as a crime against persons amending for an act no. 3815 as amended otherwise known
as the Revised Penal Code and for other purposes.
- This act shall be known as the Anti Rape Law of 1997

Clinical Types of Abortion:

1. Missed Abortion — An ovum destroyed by hemorrhage into the choriospace,
usually before the fourth month of pregnancy. The hemorrhage takes place from
maternal sinuses into the decidua.
This is usually followed by the death with maceration or absorption of the product
of the conception.
2. Threatened Abortion — Hemorrhage without dilatation of the internal os.
Hemorrhage in an early stage of pregnancy may be due to causes other than a
threatened abortion, e.g., ectopic pregnancy, cervical polyp, extensive erosion of
the cervix, etc.
3. Inevitable Abortion — Hemorrhage with dilatation of the internal os and
presence of rhythmical pain. It may end by spontaneous expulsion of the product
of conception or may require medical intervention. potential complications.
4. Incomplete Abortion — Not all of the conception has been expelled from
the fragments or portions of which are retained. This will prevent contraction of
the uterus and consequently, uncontrolled bleeding will develop. Removal of the
retained fragment must be done to avoid too much loss of blood and potential
infection.
4. Complete Abortion — The whole product of conception is expelled.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPLEA5- HUMAN RIGHTS EDUCATION REVIEWER

Human Rights- term to the universally accepted traits and attributes of an individual, along
with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of
life.”
- is that these refer to “those rights which pertain to all persons and are possessed by every individual because
they are human.”

Attributes of Human Rights

Universal. - Human rights apply to all persons by reason of him being a human.
Interdependent and indivisible.- All human rights are interrelated or interconnected
with one another.
Inalienable.- Human rights are inalienable in a sense that it cannot be removed
out of a human person just because of his particular status or circumstance.
Inherent.- Human rights are birth rights.

Classifications of Human Rights:

1. Civil rights are also known as civil liberties.
2. Political rights are those which guarantee a citizen the authority to participate in
the running of the affairs of the government.
3. Economic, social and cultural rights are human rights which recognize, protect
and guarantee the person’s right to education, housing, adequate standard of living,
health and science and culture.

Article III of the 1987 Philippine Constitution guarantees, in general, the civil rights of Filipinos.
Civil rights - are defined as "those that belong to every citizen of the state or
country, or, in wider sense, to all its inhabitants, and are not connected with the
organization or administration of the government.

Political rights- are likewise provided for under the Constitution. Again, these
rights refer to the right to participate,

Economic, social and cultural rights, on the other hand, are rights pertaining to
the entitlements of every person which they can demand from the State.

The Right to Liberty- The Constitution provides that no person shall be deprived of their right to liberty
without due process of law."

Section 4, Article Ill of the Constitution commands the government that "no law
shall be passed abridging the freedom of speech, of expression or of the press, or the
 right of the people peaceably to assemble and petition the government for redress of
grievances."

Freedom from censorship. - The right of every citizen to freely express his thoughts or
the liberty of the press to publish or air news or opinions cannot be generally subjected
to government permission before it can be expressed.

Freedom from subsequent punishment. - The liberty of a person to air his opinion on
matters which involve the public cannot be impaired by his fear of punishment after
delivering such speech.

Right to Assembly
- It is the right of every person to peaceably assemble and petition the government
for redress of wrong. Assembly means a right on the part of citizens to meet peaceably
for consultation in respect to public affairs.

Right against Involuntary Servitude

- No person shall be subjected to compulsory labor imposed against his own free
will. However, this is not an absolute prohibition, as involuntary servitude may be
imposed against a person as a punishment after he was validly convicted.

Slavery - is the "condition of an individual who works for another

individual against his or her will as a result of force, coercion, or imprisonment,
regardless of whether the individual is paid for the labor."

Right to be presumed innocent; doctrine of in dubio pro reo. Any person

accused of a crime enjoys the constitutional right to be presumed innocent. As a
consequence, the state with its overwhelming resources carries with it the onus of
proving his guilt beyond reasonable doubt. The accused, in turn, carries no burden of
proof on his or her shoulders.

Right to criminal due process.

-This right has the following components: (i) The
accused has been heard in a court of competent jurisdiction; (ii) The accused is
proceeded against under the orderly processes of law; (iii) The accused has been given
notice and the opportunity to be heard; and (iv) The judgment rendered was within the
authority of a constitutional law.

The Miranda Right

- These rights can only be waived through writing and signed by the person
waiving his right in the presence of his counsel.
Right to remain silent.
- The suspect shall have the right not to respond to any
statements given by the law enforcers. Such shall not be interpreted as his admission of
guilt.

The International Bill of Human Rights

- refers to the "collection" of three international legal instruments on human rights.
- This is composed of the Universal Declaration of Human Rights; the International Covenant on Economic,
Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional
Protocols.

The Universal Declaration of Human Rights

- The Universal Declaration of Human Rights is not a treaty or an international
agreement which bears a direct legal effect to the domestic sphere of a particular
country. This serves as a "standard of achievement in the areas of implementation and
of enjoyment of the rights listed and is intended to be used as an educational text to tell
people about all the inherent rights they already have."

The International Covenant on Civil and Political Rights

- the International Covenant on Civil and Political Rights was adopted by the
United Nations General Assembly on December 16, 1966.
- There are six parts corresponding to a total of 53 Articles in the ICCPR

Rights against ex post facto law

“No one shall be held guilty of any criminal offense on account of any act or
omission which did not constitute a criminal offence, under national or international law,
at the time when it was committed. nor shall a heavier penalty be imposed than the one
that was applicable at the time when the criminal offence was committed.

Judicial power, defined

- The Constitution defines judicial power as "the duty of the courts of justice to
settle actual controversies involving rights which are legally demandable and
enforceable and to determine whether or not there has been a grave abuse, of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.”

Writ of Habeas Corpus

This is "(a) writ issued by a court directed to a person detaining another,
commanding him to produce the body of the prisoner at a designated time and place,
with the day and cause of his caption and detention, to do, to submit to, and to receive
whatever the court or judge awarding the writ shall consider in his behalf."
 Writ of Habeas Data
"The writ of habeas data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or omission
of a public official or employee, or of a private individual or entity engaged in the
gathering collecting or storing of data or information regarding the person, family, home
and correspondence of the aggrieved party."

Writ of Amparo
"(W)rit 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. The writ shall cover
extralegal killings and enforced disappearances or threats thereof."

Writ of Kalikasan
The Writ of Kalikasan “is a remedy available to a natural or juridical person, entity
authorized by law, people’s organization, no-governmental organization, or any public
interest group accredited by or registered with any government agency, on behalf of
persons whose constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or employee,
or private individual or entity, involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces."

HUMAN RIGHTS EDUCATION Reviewer 1

1.Which is the following are moral principles that describe certain standard of human behaviour and are
regulary protected as legal rights ?
a. National rights
b. Human Rights
c. Women rights
d. Men rights Ans. Human Rights
2 This rights has the following components . the accused has been heard in a court of competent jurisdication ,
the accused is proceeded against under the orderly processes law
a. Right to counsel
b. Rights to education
c. Right to remain siled
d. Right to criminal due process Ans. Right to criminal due process
3 .Which one of the following played an important role in international human rights law?
a. World war
b. Economic summit
c. The united nation
d. Treaty of Baskerville Ans. Economic summit
4.This takes many forms such as forced marriages or mail to order brides , trafficking in person , debt bondage
among others
a. Death penalty
b. human rights
c. slavery
 d. punishment Ans. c. Slavery
5.National human rights commission is a
a. Statutory body
b. constitutional body
c.miltilateral institution
d. Both a and C . Ans. Constitutional body
6. which of the following statements is not correct about the national human right commission ?
a . it was established in 1993
b. in the cases of human rights violation , the commission has no right to punish the culprit
c. the chairman and the member of this commission are appointed by the supreme court of india
d. the commission send its annual report to the central government and state governments
Ans. C. the chairman and the member of this commission are appointed by the supreme court
7.Who of the following is not included in the committee constituted for the appointment of the chairman of the
national human rights commission
a. President
b. Prime minister
c. Lok Sabha Speaker
d. Leader of the main opposition party Ans . a. President
8.Who adopts resolution in the international law
a. states
b. subject of international law
c. international organs
d. none of the above Ans d. none of the above. Adopted by UN body
8. Can a state denounce a human rights treaty it has ratified ?
a Yes, if a treaty explicitly permit it
b. No, if the treaty denies it
c. it depends , if the confirm it
d. non of the above Ans . b. No, if the treaty denies it
9. Which of the following is not the function of the national human rights commission
a. to interfere in the proceeding related to any human rights violation case pending in the court
b. protecting human rights of prisons
c. to provide economic compensation to any human rights violation victim
d. promoting research in the field of human rights
Ans . c. to provide economic compensation to any human rights violation victim

10. Who is the father of international law ?

a. Hugo Grotiues
b. Jereny Bentham
c. TH Green
d. HJ Laski Ans . a. Hugo Grotiues
11. Which right is mentioned in the Article of the ICESER ?
a. right to self determination
b. right to life
c. right to property
d. right to peace Ans . a. right to self determination
12. In which year was the UDHR was adopted by the United Nations
a. 1947
b. 1948
c. 1945
d. 1984 Ans . b. 1948
13.When was the international covenant on economic, Social and cultural right passed ?
A . 1966
b. 1990
c. 1956
d. 1986 Ans . A . 1966
14. What is the meaning of treaty

a. Documant
b. Note
c. Occuasional paper
d. Legal agreement Ans . Legal agreement
15.How many articles in the ICESER ?
A .30
b.31
c.32
d.34 Ans . b.31
16. What is the alternative name of legal rights
a. Statutory right
b. possessive rights
c. passive right
d. Corporal right Ans . a. Statutory right
17.What is the main aim of human rights ?
A . To tech moral and ethics
b. to develop friendly relation
c. to make people sensible
d. to establish peach , security and one world
Ans . d. to establish peach , security and one world
18 . “ All human rights are born equal in dignity and rights “ , in which document this statement contains
a. ICCPR
b. ICESCR
c. .UDHR
d. NHRC
19. It states in this principle that when in doubt as to quilt of the accused , it shall be rules in his favour there by
acquittal is in order .
A, in flagrante delicto
b. in dubio pro reo
c. Dura lex sed lex
d. Non of the above Ans. b. in dubio pro reo
20.All human rights are inherent in all human being because
A . all human right are provided by the state
b. human rights are being provided by the UN
c. Human being are rational being
d. human rights are the product of social revolution Ans . c. Human being are rational being

21.this pertains to the “ general and consisted practice of states recognized and followed by them from a sense
of legal obligation
a. Principle of international law
b. Customary of international law
c. Doctrine of incorporation
d. International Bill of human rights Ans . b. Customary of international law
22. Which is the following is not correct ?
a. Human rights are universal
b. Human rights are subjective
c. Human rights are constitutional
d/ Human rights are incontrovertible Ans . b. Human rights are subjective

22.It simply refer to the prohibition against second jeopardy , or that a person shall not tried twice for the same
offense
a. State practice
b. in Flagrante delicto
c. Non bis in idem
d. in dubio pro reo Ans . c. Non bis in idem
23. it refers to the collection of three international legal instruments on human right
a. International law
b. Customary international law
c. Doctrine of incorporation
d. International Bill of human rights Ans. d. International Bill of human rights

23. All human rights are interrelated or interconnected with one another
A, inherent
b. inalienable
c. interdependent and indivisible
d. Universal Ans. c. interdependent and indivisible
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CPCD13- TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION WITH DRIVING

TRAFFIC MANAGEMENT
- It is an executive function such as planning, organizing directing, supervising
coordinating operating recording, and budgeting traffic affairs
- It also refers to all agencies having responsibilities for ascertaining traffic flow
requirements, such as planning, approving, funding, constructing, and/or
maintaining public facilities for such movement

TRAFFIC DEFINED:
-Refers to the movement of a person, goods, animals, and vehicles, either powered
by animals or animal-drawn. vehicles or by combustion system from one place to
another for safe travel.
- The word traffic originates from the Greco-Roman word "TRAFICO" with reference
to the movement of people that dates back from the dawns of history. From the
domesticated horse-drawn wheels to horseless carriage The Greeks originally called the
system "TRAFRIGA" after the early horse-drawn chariots with spoke wheels.

THE CLASSIFICATION OF THE PILLARS OF TRAFFIC MANAGEMENT

A. GENERAL PILLARS
Engineering - the science of measuring traffic and travel. The study of the basic laws
relative to traffic flow and generation. The application of this knowledge to the professional practice of
planning and operating traffic system to achieve safe and efficient movement of persons and goods.
Education - the process of giving training and travel and practice in the actual application
of traffic safety knowledge
Enforcement - the action taken by the traffic law enforcer such as, arresting, issuing
traffic citation ticket, and giving warning to erring drivers and pedestrians. Neutering and
discouraging, and/or preventing such violations

B. SUBSIDIARY PILLARS
Environment - is the study of dealing with potentially disastrous population explosion
changes in an urban environment due to 10 scale and density of a new urban
concentration and new Activities carried out air pollution. water pollution and crowding,
especially transport congestion which results therein.
Economics - is the study of how people choose to use scare or limited productive
resources to produce commodities and distribute them for their consumption.
THE TRAFFIC ENGINEERING
1. Department of Public Works and Highways - Having responsibility for
determining traffic flow patterns. through origin and destination of person and
things, planning, approving, funding, constructing of the following
a. National roads interconnecting cities and municipalities
b. A network of national roads through cities and municipalities
c. A yearly maintenance and repair program which includes widening and re-
designing of the present road system

2. Metropolitan Manila Development Authority - Having responsibility for

determining traffic flow patterns, through origin-destination of person and things.
Planning, approving, funding, constructing, maintaining, and repairs of all major
thoroughfares in Metro Manila.

3. Public Works / Engineering Offices - Referring to all local government

engineering offices having responsibility in providing a network of primary roads
within their respective jurisdiction, this includes the yearly maintenance and repair
programs

THE TRAFFIC ENFORCEMENT

1. Department of Transportation and Communication (DOTC)
▪ Shall be the primary responsibility in policymaking planning.
programming. coordinating implementing, regulating traffic affairs.
▪ An administrative entity of the executive branch of the government in
the promotion development and regulation of dependable and
coordinated networks of transportation and communication system
2. Land Transportation Office (LTO)
• Shall be the primary responsibility in the registration of a motor vehicle
• Operation of motor vehicle
• Licensing owners
• Licensing dealers
• Licensing conductors.
• Licensing drivers and similar matters (Sec 2, An I, Republic Act 4136 as
amended)

3. Land Transportation Franchising and Regulatory Board (LTFRB)

- Primarily responsible to prescribe and regulate transport routes, grant, deny and suspend or cancel land
transport franchises.
4. Metropolitan Manila Development Authority (MMDA)
• Primary responsible for setting the policies concerning traffic in Metropolitan Manila
5. Local Government Unit's (LGU'S)
- Primary responsible for setting the policies concerning traffic within their
respective provincial, city, or municipality
6. National and Local legislative bodies
- Primary responsible for the element of traffic management-related laws and ordinances.
7. Judiciary (Courts)
- Primary responsible for implementing enforcing of the fines and penalties and adjudication of traffic-
related cases.
8. Police Traffic Supervision - Primary responsible for traffic direction and control
A.Traffic Signs - a device mounted or on portable support where a message is
conveyed by means of words or symbols, officially erected or installed for the
purpose of regulating warning and guiding traffic.
Danger Warning Signs - intended to warn road user of a danger on the
road and to inform them of its nature
Informative Signs - intended to guide road user while they are traveling or to provide them with other useful
information
Place Identification Signs - it informs the availability of the sign displayed
Regulatory Signs - intended to inform road users of special obligation,
instruction, or prohibitions to which they must comply.

B. Traffic Light and Pedestrian Signals - is defined as a signal operating manually

electrically by which traffic is alternatively commanded to stop or to proceed.
Color Signal:
• Red - Means stop or no entry
• Yellow or Amber - Permit the driver to proceed into the intersection, but
requires that the intersections furthest crosswalk be cleared before the red
light appears
• Green - Means go proceed into the intersections and the green direct movement in the direction
indicated by arrow

PD 1911 - a law authorizing the disposal of of unclaimed recovered and impounded carnapped motor vehicles.

PNP Highway Patrol Group - is an operational support unit of the PNP in charged of anti-carnapping, highway
robbery and hi-jacking incidents. Formerly called Traffic Management Group. Traffic Management in Metro
Manila is managed by the MMDA

Traffic Phase - A portion of a signal cycle during which an assignment of right-of- way is made.
RA 4136 - the Land Transportation and Traffic Code.

RA 6539 - Anti-Carnapping Act of 1972. An act preventing and

penalizing carnapping. (repealed by RA 10883)
Signal Cycle - A complete sequence of signal indication of red, yellow, amber, green, or any combination or
any phase
Signal Timing - Amount of time allocated to signal indication
Cycle Time - Time period almost always expresses in second requires for one
complete sequence of one indication or the total time required for one signal.
Signal Indication - One of the several divisions of time cycle during which signals
indication was not changed.
Offset - Number of seconds or number of the cycle that the start of green interval
appears at a given traffic control signal after a certain instant use as a time.
Interval - The time within which the traffic indication of any particular traffic signal
face does not change
This broken white line- is added to define or separate traffic lanes. It permits
crossing from one lane to another if there is ample passing distance and if the
opposing lane is clear of traffic.
This solid white lane - is used to separate opposing streams of traffic Crossing is
lawful where ample sight distance exists and where the opposing traffic is clear of
traffic
Solid yellow- lines in your driving lane prohibit you from passing another vehicle
FLASHING RED SIGNAL- means bring your vehicle to a stop and proceed only when it
is safe to do so.
FLASHING RED BEACON - A flashing red signal may be an overhead beacon used in
conjunction with a stop sign or a beacon located directly above a stop sign.
YELLOW SIGNAL. - indicates that the red signal is about to appear, Stop the vehicle if
you can do so safely, otherwise, you may proceed with caution
FLASHING YELLOW SIGNAL - means proceed with caution.
FLASHING YELLOW BEACON - When a flashing yellow beacon is incorporated with an
overhead beacon or a beacon located directly above a warning sign, it warns you to proceed with caution.
YELLOW ARROW - In some traffic control signals, a yellow arrow appears after a green
arrow. When the yellow arrow appears, it means the red or solid green signal is about to
appear. Therefore, stop the vehicle safely, if it can be done otherwise, proceed with
caution
GREEN SIGNAL - means you proceed, provided you yield to a pedestrian and other
traffic lawfully using the intersection. When making a turn on a green signal remember
that the pedestrian crossing on the green signal has the right-of-way Be sure that you do
not block the traffic.
FLASHING GREEN SIGNAL: -When a flashing green signal or a cell turn green arrow
with a green signal is used. it permits the vehicle facing that signal to turn left, turn right
or go through while opposing traffic faces a red signal.
GREEN ARROW WITH OR WITHOUT A RED SIGNAL - When a green arrow is shown
with or without a red signal. you may enter the intersection to move only in the direction
shown by the arrow

Section 3 (d). Republic Act 4136 as amended

- no person shall operate any motor vehicle without first procuring a license
to drive a motor vehicle for the current year, nor while such license is delinquent, invalid,
suspended, or revoke.
THE CONDUCTOR - The conductor is responsible for the loading of several passengers,
freights, or cargo inside his public utility motor vehicle.
THE CONDUCTOR - The conductor is responsible for the loading of several passengers,
freights, or cargo inside his public utility motor vehicle.
THE PEDESTRIAN - The pedestrian goes or travel on foot or in a perambulator. He is
bound to observe or obey the existing traffic management rules and regulation for his
safety.

LICENSING SYSTEM:
Under Chapter III. Article I, Section 19. Republic Act # 4136 as amended, provides
for the administration of the issuance of driver's license to be administered by the Land
Transportation Office (LTO).

DESCRIPTION OF MOTOR VEHICLE PLATES:

1. Private Motor Vehicle - White color background with green markings
2. Public Utility Motor Vehicle background with black markings. - Yellow color
3. Government Motor Vehicles - White color background with red markings
4. Diplomatic Motor Vehicles - White color background with blue markings
5. Commemorative Plates - are plates issued to groups, organization, or association
subject to the approval of the Office of the President

CLASSIFICATION OF VEHICLES:
• PRIVATE - Motor vehicles registered under this classification shall not be used for
hire under any circumstance (Republic Act # 4136 as amended)
• FOR HIRE - Motor vehicles registered under this classification are those covered
by a certificate of public convenience or special permit issued by the Board of
Transportation (Land Transportation and Franchising Regulatory Board) and shall
be subject to the provision of the Public Safety Act and rules and regulations issued
thereunder, as well as the provision of Republic Act # 4136 as amended
• GOVERNMENT - Motor vehicles owned by the government of the Philippines or
any of its political subdivisions shall be registered under classification (Republic
Act # 4136 as amended) this
• DIPLOMATIC - Motor vehicles owned by foreign governments or by their duly
accredited diplomatic officers in the Philippines and used in the discharge of their
official duties

FUNCTIONS OF TRAFFIC ENFORCEMENT:

• POLICE TRAFFIC LAW ENFORCEMENT: The part of the traffic enforcement
performed by the police and other agencies with police power including deterrent
to law violation created by the presence of uniformed police officer and their special
equipment, special assistance to court and prosecutors, and incidental service to
highway users.
• COURT TRAFFIC LAW ENFORCEMENT - the part of traffic law enforcement
performed by the court, by adjudication and penalization.
• POLICE COURT ENFORCEMENT PROCESSES This involves five (5) essentials
steps which the police provide varying responsibilities and influence:
1. Detection - wholly police responsibility and entail looking for defects in the
behavior of motorist, pedestrians, vehicles, equipment, and roadways
conditions requires knowledge on the law on the part of the police.
2. Apprehension - wholly a police responsibility where the police are required to
take action at once to prevent continued and future violation.
3. Prosecution - while this is a court function, the police also provide
corresponding influence through preparation and introduction of evidence or
close contact with the prosecution officer.
4. Adjudication - while is a court function, the police provide influence on this
step by acting as a witness to the prosecution or supplying additional evidence
this step determines the guilt or innocence of the accused.
5. Penalization - the court imposes the penalty is greatly influenced by previous
records of conviction as provided by the police.

TRAFFIC PATROL
• That part of police traffic supervision consists of driving and walking here and there
is an area or to and from on a road for traffic law enforcement and to provide traffic-
connected service to the public.

TYPES OF TRAFFIC PATROL

1. Line patrol - is a moving patrol or a stationary separation on a specified road
between two points usually on one city street or a section of highways.
2. Area patrol - traffic patrol or stationary patrol observation in an area or heat which
includes a number of streets, roads, or a section of a highway.

TYPES OF TRAFFIC OBSERVATION:

1. Stationary Traffic Observation - it is a traffic observation at a selected place,
usually one with an unfavorable accident experience or traffic flow problem for
traffic law enforcement purposes and to detect violations to deter possible violation

2. Conspicuous Traffic Observation - it is a stationary observation in which the

observer tries to attract attention by keeping in full view of traffic.
3. Visible Traffic Observation - it is stationary in which the observer is in full view
but located, for example, on a side street, as to require effort on the part of traffic
to discover the observer
4. Conceal Traffic Observation - it is a stationary observation in which the observer
is not visible to persons using ordinary powers of observation from the roadway
being observed.

REPUBLIC ACT NUMBER 8749

Clean Air Act of 1999 - or an act providing for a comprehensive Air Pollution Control
Policy 10

DEFINITION OF TERMS:

INVESTIGATION - It is an art, which deals with the identity and location of the criminal
offender and the gathering and providing evidence of his guilt in criminal proceedings.
INVESTIGATOR - He is a skilled person who is charged with the duty of conducting a
criminal investigation when a crime is committed.

THE 3 TOOLS /I'S OF INVESTIGATION

1. INFORMATION - it is the knowledge or facts, which the investigator had gathered
or acquired from persons or documents, which are pertinent or relevant concerning
the commission of a crime or criminal activities.
INFORMATION CLASSIFIED AS TO SOURCES:
Regular Sources - records, files from government or non- government agencies, news items. The bulk of
information of this ture is a news item. Included also are news or TV broadcast, intercepted radio,
telephone messages, and stored computer data.

Cultivated Sources - information furnished by informants or informers.

Grapevines Sources - these are information coming from the

underworld characters such as prisoner ex-convicts.

2. INTERVIEW AND INTERROGATION

INTERVIEW - It is the simple questioning of a person who cooperates with

the investigator These are the witnesses who voluntarily give their accounts
about the commission of a crime or accidents
INTERROGATION - It is the process of obtaining admission or confession from those suspects to have
committed a crime or accident. It is confrontational, which means that the suspect is confronted about his
participation in the commission of the offense or accident. The investigator confronts the suspects with the
testimonies of witnesses and the physical evidence gathered or any adverse information pointing to the suspect
as the author of the crime The Term interrogation also applies to an uncooperative or recalcitrant witness This
kind of witness is treated as a suspect so that he will divulge the information needed by the investigator.

TRAFFIC MANAGEMENT MODULE

- evidence gathered or any adverse information pointing to the suspect as
the author of the crime The Term interrogation also applies to an
uncooperative or recalcitrant witness This kind of witness is treated as a
suspect so that he will divulge the information needed by the investigator.

FIELD INQUIRY - It is the general questioning of all persons at the crime

scene/traffic accident scene conducted by the investigator. There is no need
to warn the person questioned about Republic Act #-7438 because this is
not a part of the custodial investigation. Any confession or admission taken
thereto is admissible in evidence.

3. INSTRUMENTATION - it is the process of applying instruments or tools of the

police science in criminal investigation and detection. The use of the police
laboratory in the examination of physical evidence, such as Forensic Ballistics and
other sciences This is sometimes called criminalistics.

RECURRING QUESTIONS - These are the recurring questions that shall

be asked by the investigator on witnesses, suspects, informants, and
informers, during the phase of interview and interrogation. The mental and
physical reconstruction of how the crime or accident was committed, these
questions will preoccupy the mind of the investigator. The result of
instrumentation may answer some of the questions not answered by
witnesses, informants, informers, or suspects When all of these questions
are fully and satisfactorily answered leaving no doubt, then and only then
that there is full disclosure of the whole truth.

TRAFFIC - it is the movement of traffic units in a public thoroughfare

NON-TRAFFIC - it is a movement of traffic units in traffic way other than the
public thoroughfare.
ACCIDENT - Any chance event or unexpected happening causing
catastrophe, suffering or death, and property damage. It is also defined as that occurrence in a sequence of
events that usually produces unintended injury, death, or property damage.
TRAFFIC ACCIDENT - It is an accident involving travel transportation in a
traffic way.
NON-TRAFFIC ACCIDENT - It is an accident involving travel transportation
on a traffic way other than the public thoroughfare.
MOTOR VEHICLE ACCIDENT- Any accident that results in unintended
injury or property damage attributed directly or indirectly to the motion of a
motor vehicle on a road.

CARNAPPING - is the taking with intent to gain, of a motor vehicle belonging to another
without the latter's consent, or using violence against or intimidation of person, or by using
force upon things (Section 2, Republic Act # 6539)

DEFACING OR TAMPERING WITH - A serial number is the erasing, scratching, tearing,

or changing of the original factory inscribed serial number on the motor vehicle engine,
engine block, or chassis of any motor vehicle.

REPAINTING - is changing the color of a motor vehicle by means of painting. There is

repainting, whenever the new color of a motor vehicle is different from its color as
registered in the Land Transportation Office.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CLJ2 – CRIMINAL LAW 2 REVIEWER

Crimes Against National Security

Article 114. Treason. - Any Filipino citizen who levies war against the Philippines or adheres to her enemies,
giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death
and shall pay a fine not to exceed P100,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act
or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this
Article shall be punished by reclusion temporal to death and shall pay a fine not to exceed P100,000 pesos. (As
amended by E.O. No. 44, May 31, 1945 and Republic Act No. 7659.)

Article 115. Conspiracy and proposal to commit treason - Penalty. - The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and
prision correccional and a fine not exceeding P5,000 pesos.

Article 116. Misprision of treason. - Every person owing allegiance to (the United States) the Government of
the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, who
conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an
accessory to the crime of treason.

Article 117. Espionage. - The penalty of prision correccional shall be inflicted upon any person who:

1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to
obtain any information, plans, photographs, or other data of a confidential nature relative to the defense
of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

SECTION 2

Provoking war and disloyalty in case of war

Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by
unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine
Islands or exposes Filipino citizens to reprisals on their persons or property.

Article 119. Violation of neutrality. - The penalty of prision correccional shall be inflicted upon anyone who, on
the occasion of a war in which the Government is not involved, violates any regulation issued by competent
authority for the purpose of enforcing neutrality.

Article 120. Correspondence with hostile country. - Any person who in time of war, shall have correspondence
with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy.
If the offender intended to aid the enemy by giving such notice or information, he shall suffer the
penalty of reclusion temporal to death.

Article 121. Flight to enemy's country. - The penalty of arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent
authority.

SECTION 3

Piracy and mutiny on the high seas or in Philippine Waters

Article 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of reclusion
perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or seize a
vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of
said vessel, its equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters. (As amended by
Sec. 3, Republic Act No. 7659.)

Article 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be imposed upon those who
commit any of the crimes referred to in the preceding article, under any of the following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (As amended by
Sec. 3, Republic Act No. 7659.)

TITLE TWO

Crimes Against the Fundamental Laws of the State

CHAPTER ONE
 Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of
Peaceful Meetings and Crimes Against Religious Worship

SECTION 1

Arbitrary detention and expulsion

Article 124. Arbitrary detention. - Any public officer or employee who, without legal grounds, detains a
person, shall suffer:

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if
the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the detention has
continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more
than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of
the patient in a hospital, shall be considered legal grounds for the detention of any person.

Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who shall detain
any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within
the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-
six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his
request, to communicate and confer at any time with his attorney or counsel.(As amended by EO No. 272,
prom. July 25, 1987.)

Article 126. Delaying release. - The penalties provided for in article 124 shall be imposed upon any public
officer or employee who delays for the period of time specified therein the performance of any judicial or
executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of
such order to said prisoner or the proceedings upon any petition for the liberation of such person.

Article 127. Expulsion. - The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or
shall compel such person to change his residence.

SECTION 2

Violation of domicile

Article 128. Violation of domicile. - The penalty of prision correccional in its minimum period shall be imposed
upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling
against the will of the owner thereof, search papers or other effects found therein without the previous consent
of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall
refuse to do so.

If the offense be committed in the nighttime, or if any papers or effects not constituting evidence of a crime be
not returned immediately after the search made by the offender, the penalty shall be prision correccional in its
medium and maximum periods.

Article 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. - In
addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto
mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding 1,000
pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just
cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing
the same.

Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in its medium and maximum
periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search
the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or
in their default, without the presence of two witnesses residing in the same locality.

SECTION 3

Prohibition, interruption, and dissolution of peaceful meetings

Article 131. Prohibition, interruption, and dissolution of peaceful meetings. - The penalty of prision
correccional in its minimum period shall be imposed upon any public officer or employee who, without legal
ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining
any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person
from addressing, either alone or together with others, any petition to the authorities for the correction of abuses
or redress of grievances.

SECTION 4

Crimes against religious worship

Article 132. Interruption of religious worship. - The penalty of prision correccional in its minimum period shall
be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations
of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its
medium and maximum periods.
Article 133. Offending the religious feelings. - The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship
or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of
the faithful.

TITLE THREE

Crimes Against Public Order

CHAPTER ONE

Rebellion, Sedition, and Disloyalty

Article 134. Rebellion or insurrection - How committed. - The crime of rebellion or insurrection is committed
by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to
said Government or its laws, the territory of the Republic of the Philippines or any part thereof, of any body of
land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of
any of their powers or prerogatives. (As amended by Republic Act No. 6968, O.G. 52, p. 9864 [1990].)

Article 134-A. Coup d'état. - How committed. - The crime of coup d'état is a swift attack accompanied by
violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of
the Philippines, or any military camp or installation, communications network, public utilities or other facilities
needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in
the Philippines by any person or persons, belonging to the military or police or holding any public office of
employment, with or without civilian support or participation for the purpose of seizing or diminishing state
power. (As added by Republic Act No. 6968, 86 O.G. 52, p. 9864 [1990]).)

Article 135. Penalty for rebellion, insurrection or coup d'état. - Any person who promotes, maintains or heads
a rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion or insurrection shall suffer
the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'état shall suffer the
penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in
undertaking a coup d'état shall suffer the penalty of reclusion temporal in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in
undertaking a coup d'état shall suffer the penalty of prision mayor in its maximum period.

When the rebellion, insurrection, or coup d'état shall be under the command of unknown leaders, any person
who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as
performed similar acts, on behalf of the rebels shall be deemed a leader of such rebellion, insurrection, or coup
d'état. (As amended by Republic Act No. 6968, approved on October 24, 1990)

Article 136. Conspiracy and proposal to commit coup d'état, rebellion or insurrection. - The conspiracy and
proposal to commit coup d'état shall be punished by prision mayor in its minimum period and a fine which shall
not exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished, respectively, by prision
correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00), and by
prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As
amended by Republic Act No. 6968, approved October 24, 1990).

Article 137. Disloyalty of public officers or employees. - The penalty of prision correccional in its minimum
period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means
in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall
accept appointment to office under them. (Restored by E.O. No. 187)

Article 138. Inciting to rebellion or insurrection. - The penalty of prision mayor in its minimum period shall be
imposed upon any person who, without taking arms or being in open hostility against the Government, shall
incite others to the execution of any of the acts specified in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the same end. (As reinstated by
E.O. No. 187.)

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

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

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

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

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

5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States), of all its property or any part thereof.(As
amended by Com. Act No.202.)

Article 140. Penalty for sedition. - The leader of a sedition shall suffer the penalty of prision mayor in its
minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a
fine not exceeding 5,000 pesos. (Restored by E.O. No. 187.)

Article 141. Conspiracy to commit sedition. - Persons conspiring to commit the crime of sedition shall be
punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Restored by E.O.
No. 187.)

Article 142. Inciting to sedition. - The penalty of prision correccional in its maximum period and a fine not
exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of
sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of
speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same
end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate
scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the
Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful
officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for
unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the
people against the lawful authorities or to disturb the peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices. (As amended by Com. Act No. 202.)

CHAPTER FOUR

Assault Upon, and Resistance and Disobedience to Persons in Authority and Their Agents

Article 148. Direct assaults. - Any person or persons who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the
penalty of prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos, when
the assault is committed with a weapon or when the offender is a public officer or employee, or when the
offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision
correccional in its minimum period and a fine not exceeding 500 pesos shall be imposed.

Article 149. Indirect assaults. - The penalty of prision correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon any person who shall make use of force or intimidation
upon any person coming to the aids of the authorities or their agents on occasion of the commission of any of
the crimes defined in the next preceding article.

Article 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by
the Constitutional Commissions, its committees, subcommittees or divisions. - The penalty of arresto mayor or a
fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment, shall be imposed
upon any person who, having been duly summoned to attend as a witness before the National Assembly,
(Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its
committees, subcommittees, or divisions or before any commission or committee chairman or member
authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before
any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to
answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when
required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person
who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal
to be sworn by any such body or official.(As amended by Com. Act No. 52.)

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

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto
menor or a fine ranging from 10 to 100 pesos shall be imposed upon the offender.

Article 152. Persons in authority and agents of persons in authority - Who shall be deemed as such. - In
applying the provisions of the preceding and other articles of this Code, any person directly vested with
jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or
commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be
deemed a person in authority.
A person who, by direct provision of law or by election or by appointment by competent authority, is charged
with the maintenance of public order and the protection and security of life and property, such as a barrio
councilman, barrio policeman and barangay leader, and any person who comes to the aid of persons in
authority, shall be deemed an agent of a person in authority.

In applying the provisions of articles 148 and 151 of this Code, teachers, professors and persons charged with
the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual
performance of their professional duties or on the occasion of such performance, shall be deemed persons in
authority. (As amended by Batas Pambansa Blg. 873, June 12, 1985.)

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

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

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

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

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

Article 164. Mutilation of coins. - Importation and utterance of mutilated coins. - The penalty of prision
correccional in its minimum period and a fine not to exceed 2,000 pesos shall be imposed upon any person who
shall mutilate coins of the legal currency of the (United States or of the) Philippine Islands or import or utter
mutilated current coins, or in connivance with mutilators or importers.

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

SECTION 3

Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes,
obligations and securities

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

1. By reclusion temporal in its minimum period and a fine not to exceed 10,000 pesos, if the document
which has been falsified, counterfeited, or altered is an obligation or security of the (United States or of
the) Philippines Islands.

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

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

3. By prision mayor in its medium period and a fine not to exceed 5,000 pesos, if the falsified or
counterfeited document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to exceed 2,000 pesos, when the forged or
altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.

Article 167. Counterfeiting, importing and uttering instruments payable to bearer. - Any person who shall
forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding 6,000 pesos.

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

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

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

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

Article 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The penalty of prision
mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who,
taking advantage of his official position, shall falsify a document by committing any of the following acts:

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

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact
so participate;
 3. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

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

7. Issuing in an authenticated form a document purporting to be a copy of an original document when no

such original exists, or including in such a copy a statement contrary to, or different from, that of the
genuine original; or

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

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

Article 172. Falsification by private individuals and use of falsified documents. - The penalty of prision
correccional in its medium and maximum periods and a fine of not more than 5,000 pesos shall be imposed
upon:

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

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

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

SECTION 2

False testimony

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

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

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

3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive
penalty; and
 4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a
fine, or shall have been acquitted.

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

Article 181. False testimony favorable to the defendant. - Any person who shall give false testimony in favor of
the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not to exceed

Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
REVIEWER IN DISPUTE RESOLUTION

Republic Act No. 9285 -This act shall be known as the "Alternative Dispute Resolution Act of 2004."

Alternative Dispute Resolution System- means any process or procedure used to

resolve a dispute or controversy, other than by adjudication of a presiding judge of a court
or an officer of a government agency, as defined in this Act, in which a neutral third party
participates to assist in the resolution of issues, which includes arbitration, mediation,
conciliation, early neutral evaluation, mini-trial, or any combination thereof.

ADR Provider" means institutions or persons accredited as mediator, conciliator,

arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative
Dispute Resolution system.

"Authenticate"- means to sign, execute or adopt a symbol, or encrypt a record in

whole or in part, intended to identify the authenticating party and to adopt, accept or
establish the authenticity of a record or term;
"Arbitration"- means a voluntary dispute resolution process in which one or more
arbitrators, appointed under the agreement of the parties, or rules promulgated according
to this Act, resolve a dispute by rendering an award;
"Arbitrator" - means the person appointed to render an award, alone or with others, in
a dispute that is the subject of an arbitration agreement;

"Convention Award- " means a foreign arbitral award made in a Convention State;
Convention State- " means a State that is a member of the New York Convention;

"Court-Annexed Mediation"- means any mediation process conducted under the

auspices of the court, after such court has acquired jurisdiction of the dispute;

"Court-Referred Mediation"- means mediation ordered by a court to be conducted

under the Agreement of the Parties when as action is prematurely commenced in violation
of such agreement;

"Early Neutral Evaluation- " means an ADR process wherein parties and their lawyers
are brought together early in a pre-trial phase to present summaries of their cases and
receive a nonbinding assessment by an experienced, neutral person, with expertise in
the subject in the substance of the dispute;
"Government Agency" - means any government entity, office or officer, other than a
court, that is vested by law with quasi-judicial power to resolve or adjudicate dispute
involving the government, its agencies, and instrumentalities, or private persons;
"International Party" - shall mean an entity whose place of business is outside the
Philippines. It shall not include a domestic subsidiary of such an international party or a
coventurer in a joint venture with a party that has its place of business in the Philippines.
The term foreigner arbitrator shall mean a person who is not a national of the Philippines.
"Mediation- " means a voluntary process in which a mediator, selected by the disputing
parties, facilitates communication and negotiation, and assists the parties in reaching a
voluntary agreement regarding a dispute.
"Mediator" - means a person who conducts mediation;
"Mediation Party- " means a person who participates in a mediation and whose
consent is necessary to resolve the dispute;

("Mediation-Arbitration" or Med-Arb- is a step dispute resolution process involving both

mediation and arbitration;
"Mini-Trial"- means a structured dispute resolution method in which the merits of a
case are argued before a panel comprising senior decision makers with or without the
presence of a neutral third person after which the parties seek a negotiated settlement;
("Model Law" -means the Model Law on International Commercial Arbitration adopted
by the United Nations Commission on International Trade Law on 21 June 1985;
"New York Convention" -means the United Nations Convention on the Recognition
and Enforcement of Foreign Arbitral Awards approved in 1958 and ratified by the
Philippine Senate under Senate Resolution No. 71;
"Non-Convention Award" -means a foreign arbitral award made in a State which is
not a Convention State;
"Non-Convention State"- means a State that is not a member of the New York
Convention.
"Non-Party Participant" -means a person, other than a party or mediator, who
participates in a mediation proceeding as a witness, resource person, or expert;
"Proceeding" -means judicial, administrative, or other adjudicative processes,
including related pre-hearing motions, conferences, and discovery;
"Record" -means a piece of information written on a tangible medium or stored in an
electronic or other similar media, retrievable form; and
"Roster"- means a list of persons qualified to provide ADR services as neutrals or to
serve as arbitrators.e

Dispute resolution is a term that refers to several processes that can be used to resolve a conflict, dispute or
claim. Dispute resolution may also be referred to as alternative dispute resolution, appropriate dispute
resolution, or ADR for short

Dispute resolution processes are - alternatives to having a court (state or federal judge or jury) decide the
dispute in a trial or other institutions decide the resolution of the case or contract.

Different Types of Dispute Resolution Processes

Arbitration is a private process where disputing parties agree that one or several individuals can decide the
dispute after receiving evidence and hearing arguments

MEDIATION -It is a private process where a neutral third person called a mediator helps the parties
discuss and try to resolve the dispute.

5 type of Alternative Dispute resolution

1. Negotiation – traditionally occurs directly between the parties and their counsel and does not involve a
neutral third party

2. Conciliation - neutral third party to communicate with the parties in the exchange of information and
settlement option

3. Arbitration – a neutral arbitrators renders a decision , called an award after has been a presentation of
evidence

4. Collaborative law – Bothe parties are presented by collaborative attorney and both parties agrees not to
litigate

5. Mediation – a very flexible process that can be effectively used at any time during the course of dispute

PRESIDENTIAL DECREE No. 1508 June 11, 1978 (repealed by R.A. 7160) - ESTABLISHING A SYSTEM
OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL

Section 1. LupongTagapayapa- There is hereby created in eachbarangay a body to be known as

LupongTagapayapa (hereinafter referred to as Lupon) composed of the Barangay Captain as chairman and not
less than ten (10) nor more than twenty (20) members, to be constituted every two years in the following
manner:

A notice to constitute the Lupon, which shall include the names of

proposed members who have expressed their willingness to serve, shall be
prepared by the Barangay Captain within thirty (30) days after this Decree
shall have become effective, and thereafter within the first ten (10) days of
January of every other year. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period of not less
than three (3) weeks;

Barangay- refers not only to barrios which were declared barangays under
Presidential Decree No. 557 but also to barangays otherwise known as citizens
assemblies under Presidential Decree No. 86.

Barangay Captain refers to the Barangay Captains of the barrios which declared
barangay under Presidential Decree No. 557 and to the Chairmen of barangays
otherwise known as citizens assemblies according to Presidential Decree No. 86.

Secretary of the Lupon.

- The Barangay Secretary shall concurrently the
Secretary of the Lupon. He shall note the results of the mediation proceedings
before the Barangay Captain and shall submit a report thereon to the proper city
or municipal court. He shall also receive and keep the records of proceedings
submitted to him by the various conciliation panels. He shall issue the certification
referred to in Section 6 hereof.

Restorative Justice is a process through which remorseful offenders accept responsibility for
their misconduct, particularly to their victims and to the community.

Peacemaking Encounter
- It is a community-based gathering that brings the victim, the victimized community, and
the offender together. It supports the healing process of the victims by providing a safe
and controlled setting for them to meet and speak with the offender on a confidential and
strictly voluntary basis. It also allows the offender to learn about the impact of the crime
to the victim and his/her family, and to take direct responsibility for his/her behavior.
Likewise, it provides a chance for the victim and the offender to forge a mutually
acceptable plan that addresses the harm caused by the crime.
1. Victim/Offender Mediation – a process that provides an interested victim an
opportunity to meet face-to-face his/her offender in a secured and structured
setting or atmosphere, with the help of a trained mediator, and engage in a
discussion of the past offense and its impact to his/her life.
2. Conferencing – a process which involves a community of people most affected
by the crime – the victim and the offender and their families, the affected
community members and trained facilitators and community strength – in a
restorative discussion of issues and problems arising from an offense or
coincidence which affects community relationship and tranquillity. Facilitated by a
trained facilitator, the above parties are gathered at their own volition to discuss
how they and others have been harmed by the offense or conflict, and how that
harm may be repaired and broken relationships may be restored.
3. Circle of Support – a community-directed process organized by the field office
and participated in by the clients, the Volunteer Probation Aides (VPAs), and
selected members of the community in the discussion of the offense and its impact.
Within the circle, people freely speak from the heart in a shared search for
understanding the incident and together identify the steps necessary to assist in
the reconciliation and healing of all affected parties and prevent future crime or
conflict.

A. Restitution
- It is a process upon which the offender accepts accountability for the financial and/or non-
financial losses he/she may have caused to the victim. Restitution is a “core” victim’s right
which is very crucial in assisting the redirection of the victim’s life.

Two Types of Crisis/Emergency

1. Man-Made Crises/Emergencies
2. 2. Natural Crises/Emergencies
the National Peace and Order Council (NPOC) established by
Executive Order 320 on March 11, 1988 with its present amendment through Executive
Order No. 773 entitled, "Further Reorganizing the Peace and Order Council, at
appropriate level shall be the organizational model that shall primarily take action on thesituation.

The Four P's of Crisis Management

A. Pro-Active Phase
This phase is designed to predict or prevent the probability of Occurrence of crisis at the same
time prepared to handle them when they Occur.
B. The Reactive Phase
Reactive phase is the performance of the crisis management plan when a crisis situation
occurs despite the proactive effort.

Arson - This is used to destroy disrupt targets such as public utilities, political
headquarters, economic and industrial facilities.
Hijacking - Hijacking and skyjacking are very popular means used by the terrorists.
Terrorists hijack vehicles with supply ammunitions, fuel, cargoes Hijacked legitimate
vehicles provide the terrorists an easy access to approach or gain entry to a closed
military installation Skyjacking of commercial aircraft on the other hand, guarantees
publicity for the terrorists.
Assassination/Liquidation -This is the oldest bur sill the most widely. used, terrorist
tactic. Targets are often predictable, and invariably the terrorists will claim responsibility
for the assassination.
Ambush - This is a well-planned generally well thought-out, properly and precisely
Executed operation. The terrorist has time on his side and will spend considerable time
preparing for an operation. Terrorists have an advantage because they can choose their
time and place of operation.
Kidnapping - Kidnapping for ransom is the most common form of terrorists' tactic. The
victim is normally confined in secret hideaway and the kidnapper make demands.
. Hostage-Taking- The hostage taker confronts the authorities and openly holds the
victims for ransom. His demands are often more than just material in nature. A political
concession is frequently demanded in exchange for the hostages' lives.
Robbery/Extortion-Terrorist operations are expensive. To help finance their activities,
terrorists rob armored vehicles ant persons carrying large sums of cash. Bank robberies
are also used as graduation exercises for terrorist training programs and viewed as d
tactical operation. They conduct reconnaissance, plan escape routes and operate with a
high degree of efficiency.
Progressive Taxation - The progressive taxation scheme of the CPP/NPA is a form of
extortion through coercion or use of force against the victim or his property.
Raid/Attack - Target may not necessarily he vital. Isolated or large one, what is
important is the raid/attack will attract public/media attention.

Hostage Negotiation
-It is a mutual discussion between authorities and hostage-taker or barricaded or the
surrender of the offender.
Special Reaction Team
-It refers to any team of military/police personnel especially trained, armed, and equipped
to contain and neutralize a (SWAT/SAF) special threat (Pike, 2000-2013).

Phase of Hostage Situation

The four phases of hostage incidents acknowledged by experts are:
1. Capture Phase
-In terrorist situations, the strike team is brought together and briefed on the specific
primary and alternate targets. They conduct final rehearsals to fine-tune the operation,
move to the attack site, and then carry out the plan.
2. Transportation/Consolidation Phase
-This is also situation dependent. In some cases, the hostage takers have enough
freedom to transport their victim(s) to a site they deem adequate as a confinement area.
In other cases, the hostage takers are forced or choose to make do with what they have
and remain at or near the capture site, setting up a defensive perimeter.
3. Holding Phase
-After the hostage is either moved to a holding location or after the captors have
consolidated their position, the incident enters the lengthiest phase - Holding. In many
ways, this is the safest phase for the hostage. The situation has had a chance to stabilize.
The Holding Phase is a waiting period and is filled with negotiations.
4. Termination Phase
-Regardless of how a hostage-taking incident ends, the Termination Phase Is generally
a very tense time for all people involved in the crisis. The easiest and safest termination
for the hostage is a voluntary release followed by hostage takers' surrender. More
dangerous is the escape, and most dangerous is the rescue by an outside force or the
killing of the hostages as a means to end the crisis.

Three Typical Hostage Takers

The three types of hostage takers fall into three categories:
1.Professional Hostage Taker -The professional criminal who has his escape blocked
during the commission of a crime, Usually the easiest type of hostage-taker to deal with
is the professional criminal.
2. Psychotic Hostage Taker -The psychotic with a depraved mind, on the other hand,
presents a different and somewhat more complex problem.

Crisis Management Model (PNP Manual)

It basically involves two phases:
A. Pro-active Phase- designed to predict or prevent the probability of occurrence of
crises at the same time prepare to handle them when they occur. The Proactive phase
is further divided into different stage.

B. Reactive Phase – designed to address the situation or crisis.

SPECIAL ACTION UNITS CAPABLE OF HANDLING CRISIS SITUATIONS

a. PNP Aviation Security Group (ASG)
b. PNP Special Action Force (SAF)
c. PNP Maritime Group (MG)
d. PN Special Warfare Group (PN SWG)

Five Categories of Hostage-Takers

1. Persons in Crisis - are people who take hostages during a period of prolonged
frustration, despair and problems

2. Psychotics - are mentally-ill people who take hostages during a period of

psychiatric disturbance

3. Common Criminals - are people who take hostages for personal, rather than
ideological reasons

4. Prisoners - are people who take hostages because of dissatisfaction and

discontent regarding their living conditions in prison

5. Political Terrorist - are ideologically-inspired individuals or groups of people

who take hostages because of political and ideological beliefs.

THE PNP OPERATIONAL PROCEDURES IN HOSTAGE SITUATION

Sec. 1 procedures to be followed in a Hostage Situation

a. A Crisis Management Task Group shall be activated immediately.

b. Incident scene shall be secured and isolated.
c. Unauthorized persons shall not be allowed entry and exit to the incident scene.
d. Witnesses’ names, addresses, and other information shall be recorded.
Witness shall be directed to a safe location.

Sec. 2 Ground Commander- there shall be only one a ground commander in the area.

Sec. 3. Negotiator- he shall be designated by the Ground Commander.

Sec. 4. Assault Team- An assault team shall be alerted for deployment in case the
negotiation fails. Members of the team shall wear authorized and easily recognizable
uniform during the conduct of the operation. Bonnets shall not be used.

Sec. 5. Assault Plan- The assault shall be planned to ensure minimal threat to life for
all parties.

Sec. 6 Support Personnel- An ambulance with medical crew and a fire truck shall be
detailed at the incident area.
Sec. 7. Coordination- proper coordination with all participating elements shall be detailed
at the incident area.

Sec. 8 Safety of Hostages- In negotiating for the release of a hostage, the safety of the
hostage shall always be paramount.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CORRECTIONAL INSTITUTION REVIEWER

THE CODE OF HAMMURABI

The Code of Hammurabi was one of the earliest and most complete written legal codes
and was proclaimed by the Babylonian king Hammurabi, who reigned from 1792 to 1750 B.C.
Hammurabi expanded the city-state of Babylon along the Euphrates River to unite all of southern Mesopotamia.
The Hammurabi code of laws, a collection of 282 rules,

Hammurabi was the sixth king in the Babylonian dynasty, which ruled in central Mesopotamia (present-day
Iraq) from c. 1894 to 1595 B.C.

The Code of Ur-Nammu is the oldest surviving law code. This text was written on clay tablets in
the Sumerian language and is reckoned to have been produced towards the end of the 3rd millennium BC.

Jeremy Bentham was an early classical theorist who based his ideas on
utilitarianism, felicitious calculus, and “the greatest happiness.”

Utilitarianism is the doctrine thatthe purpose of all actions should beto bring about the greatest happiness for the
greatest number of people.

THE GREATEST HAPPINESS AND SOCIAL CONTROL

Bentham advocated the “greatest happiness” principle and the use
of punishment to deter crime.

Lombroso was one of the first theorists who attempted to scientifically study criminal
behavior.

Enrico Ferri, was a positivist who developed a scientific classification

of criminals and focused on the causes of crime, criminal sociology, social reform, and effective criminal
justice.

CESARE BECCARIA- author of the essay “On Crimes and Punishments.”

PLEASURE, PAIN, AND PUNISHMENT

Pleasure and pain, according to Beccaria, are the only “springs
of action,” and the purpose of punishment is to prevent a
criminal from doing any further injury to the community and to
prevent others from committing similar crimes.
WALNUT STREET PRISON - The Walnut Street Prison was a pioneering effort in prison
reform.
- The prison was built on Walnut Street, in Philadelphia, as a city jail in 1773 to
alleviate overcrowding in the existingcity jail.
The Walnut Street Prison became in part the model for
what became known as the "Pennsylvania System" of prison design and philosophy.

SING SING PRISON

-Originally known as Mount Pleasant Prison, it was constructed
in the village of Sing Sing on the east bank of the Hudson River, some
30 miles (48 km) north of New York City.

AUBURN STATE PRISON -Auburn State Prison, prison located in Auburn, New York. Opened in 1816, it
established a disciplinary and administrative system based on silence, corporal punishment, and “congregate”
(group) labour.

Commonwealth Act No. 67 was enacted, appropriating one million (P1,000.000.00) pesos for the construction
of a new national prison in the southern suburb of Muntinlupa, Rizal in 1935.

New Bilibid Prison – established on January 22, 1941.

- The prison reservation has an area of 587 hectares, part of which was
arable. The prison compound proper had an area of 300 x 300 meters ora total of nine hectares. It was
surrounded by three layers of barbed wire.

DEVELOPMENTS AFTER WORLD WAR II

- A death chamber was constructed in 1941 at the rear area of the camp when the mode ofexecution was
through electrocution.
-In the 1980s, the height of the concrete wall was increased and another facility was
constructed, 2.5 kilometers from the main building. This became
known as Camp Sampaguita or the Medium Security Camp, which was used as a military stockade during
the martial law years and the Minimum-Security Camp, whose first site was christened
“BukangLiwayway”. Later on, this was transferred to another site within the
reservation where the former depot was situated.
- Under Proclamation No. 72 issued on September 26, 1954, the
Sablayan Prison and Penal Farm in Occidental Mindoro was established. In
the Leyte Regional Prison followed suit under Proclamation No. 1101
issued on January 16, 1973.

NON-OPERATIONAL NATIONAL PRISONS

- Fort Bonifacio, formerly known as Fort William McKinley,

as a military reservation located in Makati, which was established after the
Americans came to the Philippines.The prisonwas originally used as a detention center for offenders of US
military laws and ordinances.
- November 15, 1940, allinmates of the Old Bilibid
Prison in Manila were transferred to the new site. The new institution had a capacity of 3,000 prisoners and it
was officially named the New Bilibid Prison on January 22, 1941. The prison
reservation has an area of 587 hectares, part of which was arable. The prison
compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded by three layers
of barbed wire.
CORRECTIONAL INSTITUTION FOR WOMEN
- On February 14, 1931, the women prisoners were transferred from
the Old Bilibid Prison to the building especially constructed for them. Its old name, “Women’s Prison, was
changed to “Correctional Institution for Women.”
-In 2000, a new four-story building was constructed by the Department
of Public Works within the grounds of CIW. It eased the growing congestion in
the facility. The CIW, with a capacity for only 200 inmates, had to
accommodate 1,000 inmates.

DAVAO PRISON AND PENAL FARM

-The Davao Penal Colony is the first penal settlement
founded and organized under Filipino administration. The
settlement, which originally had an area of approximately 30,000
hectares in the districts of Panabo and Tagum, Davao
del Norte, was formally established on January 21, 1932 by virtue of Act No. 3732.
-Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931, which reserved a site for the penal
colony in Davao province in Mindandao. The site offered ideal conditions for agricultural activities.
-After the liberation of the Philippines, the colony-in-exile in Palawan returned
to its old site in Davao. A great deal of rebuilding and repair had to be done
because the war had almost completely destroyed the colony.

IWAHIG PRISON AND PENAL FARM

-IWAHIG PENAL COLONY: This facility was established during the American
occupation. It was however, during the Spanish regime that Puerto
Princesa was designated as a place where offenders sentenced to
banishment were exiled. A specific area of Puerto Princesa was
selected as the site for a correctional facility.
-Governor Luke Wright authorized the establishment of a penal
colony in the province of Palawan on November 16, 1904.
-Iwahig is subdivided into four zones or districts: Central sub- colony with an area of 14,700 hectares; Sta.
Lucia with 9,685 hectares; Montible with 8,000 hectares and Inagawan with 13,000 hectares.

SAN RAMON PRISON AND PENAL FARM

- Considered the oldest penal facility in the country, prisoners in San Ramon were required to do agricultural
work.
-According to historical accounts, then San Ramon Prison was
established in southern Zamboanga on August 21,1870 through a royal
decree promulgated in 1869. Established during the tenure of Governor
General Ramon Blanco (whose patron saint the prison was named after), the facility was originally established
for persons convicted of political crimes.
-On November 1, 1905, Reorganization Act No. 1407 was approved
creating the Bureau of Prisons under the Department of Commerce and
Police, integrating the Old Bilibid Prison, San Ramon Penal Colony and
Iwahig Penal. The Philippine Coconut Authority took over management of
the coconut farm from San Ramon.
SABLAYAN PRISON AND PENAL FARM

-Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in Occidental Mindoro and
relatively new. Established on September 26, 1954 by virtue of Presidential
Proclamation No. 72, the penal colony has a total land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees arrived in Sablayan on January 15,
1955.
-Sablayan prison is a facility where prisoners from NBP are brought for decongestion
purposes. It follows the same colony standards as other penal farms.

LEYTE REGIONAL PRISON

-LEYTE REGIONAL PRISON: The Leyte Regional Prison was established on January
16, 1973 under Proclamation No. 1101. The Leyte Regional Prison, situated in
Abuyog, Southern Leyte, was established a yearm after the declaration of martial law in 1972 by
virtue of Presidential Decree No. 28. While its plantilla and institutional plan were almost ideal, lack of funds

CORRECTIONAL SYSTEM IN THE PHILIPPINES

The Correctional System in the Philippines is composed of six agencies

under three distinct and separate departments of the national government:
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT - under this are the Bureau
of Jail Management and Penology (BJMP) which runs the city, municipal,
and district jails; and the provincial jails through their respective
provincial governments.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT - under this is Juvenile
and Justice Welfare Council which oversees the rehabilitation of young
offenders.
DEPARTMENT OF JUSTICE - under this are the Bureau of Corrections, Parole
and Probation Administration and the Board of Pardons and Parole.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The Bureau of Jail Management and Penology is an attached
agency of the Department of the Interior and Local Government
mandated to direct, supervise and control the administration and
operation of all district, city and municipal jails in the
Philippines with pronged tasks of safekeeping and development of
persons deprived of liberty.

On January 2, 1991, the Bureau of Jail Management and Penology was

created thru Republic Act 6975 as a line Bureau under the Department of
Interior and Local Government. The Jail Bureau is the upgraded version
of its forerunner, the Office of Jail Management and Penology of the
defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion.

BJMP is mandated to direct, supervise and control the administration and operation of all district, city and
municipal jails nationwide with pronged tasks of safekeeping and development of inmates

The Juvenile Justice and Welfare Council

Revised Rules and Regulations Implementing

Republic Act No. 9344, as amended by R.A. 10630 The Juvenile Justice and Welfare Council,
pursuant to Section 69 of Republic Act No. 9344, the Juvenile Justice and Welfare Act
of 2006 and Section 14 of Republic Act 10630 or “An Act Strengthening the Juvenile
Justice System in the Philippines, Amending for the Purpose Republic Act No. 9344,”

Definition of Terms
1. “Act” refers to Republic Act No. 9344, as amended by Republic Act No. 10630
2. “BahayPag-asa” – refers to a 24-hour child-caring institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited non-government
organizations (NGOs), providing short- term residential care for children in conflict with the law, who are
above fifteen (15) but below eighteen (18) of age, and who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
3. “Bail” refers to the security given for the release of the person in custody of the law, furnished by a
bondsman or a bonding company, to guarantee the appearance of the person before any Court.
4. “Best interest of the child” refers to the totality of circumstances and conditions that are most beneficial for
the survival, protection and feelings of security of the child, and most likely to promote the child’s physical,
psychological and emotional development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.
5. “Child” refers to a person under the age of eighteen (18) years.
6. “Child who is above twelve (12) years of age” refers to a child who is at least twelve (12) years and one (1)
day old.
7. “Child who is above fifteen (15) years of age” refers to a child who is at least fifteen (15) years and one (1)
day old.
8. “Children-at-risk” or “CAR” refers to children who are vulnerable or at-risk of behaving in a way that can
harm themselves or others, or vulnerable and at risk of being pushed and exploited to come into conflict with
the law because of personal, family and social circumstances, such as, but not limited to, the following:
a. being abused by any person through sexual, physical, psychological, mental, economic or any other means,
and the parents or guardians refuse, are unwilling, or unable to
provide protection for the child;
b. being exploited sexually or economically;

Children-at-Risk also includes those children who violate the

ordinances enacted by local governments, concerning juvenile status
offenses enumerated in Section 57-A of the Act, such as, but not
limited to, curfew violations, truancy, parental disobedience,
anti-smoking and anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment,
drunkenness,

9. “Child in conflict with the law” or “CICL” refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
10. “Community-based programs” refers to the programs provided in community setting, developed for
purposes of intervention,diversion, and rehabilitation of the child in conflict with the law, which are intended
for the purpose of reintegrating the child the family and/or community.

11. “Court” refers to a Family Court, or in places where there

are no Family Courts, any Regional Trial Court.
12. “Deprivation of liberty” refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child
in conflict with the law is not permitted to leave at will, by
order of any judicial or administrative authority.
13. “Diversion” refers to an alternative, child-appropriate
process of determining the responsibility and treatment of a child
in conflict with the law, on the basis of the child’s social,
cultural, economic, psychological or educational background,
without resorting to formal court proceedings.
14. “Diversion Program” refers to the program that the child in
conflict with the law is required to undergo after being found
responsible for an offense, without resorting to formal court
proceedings.
15. “Duty-bearer” shall refer to persons who are responsible for
providing care, addressing the needs and protecting the rights of
a child within the juvenile justice and welfare system.
16. “Initial contact with the child” refers to the apprehension
or taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives a subpoena
under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the same
Rule, in cases that do not require preliminary investigation or
where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.
17. “Intensive Juvenile Intervention and Support Center” or

“IJISC” refers to a special program or unit within the “BahayPag- asa” or any child-caring facility of the DSWD
or licensed and accredited NGOs, to address the needs of the CICL for intensive
intervention programs and services.
18. “Intervention” generally refers to programmatic approaches or systematic social protection programs for
children that are designed and intended to:
a. Promote the physical and social well-being of the children;
b. Avert or prevent juvenile delinquency from occurring; and
c. Stop or prevent children from re-offending.
19. “Juvenile Justice and Welfare System” refers to a system of dealing with children-at-risk and children in
conflict with the law, which provides child39 appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, reintegration and after-care to ensure the child’s normal growth and
development.
20. “Offense” refers to any act or omission punishable under special penal laws or the Revised Penal Code. For
purposes of providing appropriate services for children, the term ‘offense’
shall include violations of ordinances of local government units.
21. “Probation” refers to a disposition under which a defendant, after conviction and sentence, is released,
subject to the conditions imposed by the Court and the person is placed under the
supervision of a probation officer.
22. “Recognizance” refers to an undertaking, in lieu of a bail bond, assumed by a parent or custodian, who shall
be responsible for ensuring the appearance in Court of the child in conflict with the law, whenever required.
23. “Referral” shall refer to a process where a duty-bearer, within the juvenile justice and welfare system,
endorses the CICL to the appropriate service providers for appropriate care or
intervention. ‘Referral’ includes the endorsement of the victim for appropriate assistance and intervention.
24. “Victimless Crimes” refers to offenses where there is no private offended party.

What is the Writ of Habeas Corpus and the Writ of Amparo?

Art. III Sec. 15 The Privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion when the public
safety requires it.

Writ of Habeas Corpus - An order issued by a court to a person detaining another, to

produce the body of the prisoner at a certain time and place, and to show
sufficient cause for holding in custody theindividual .Habeas Corpus: “to bring the body”
Writ of Amparo
-The petition for a writ of amparois 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.
-Amparo: “protection

Correctional Administration Reviewer 1

1. What is the practice of beating ,torturing ,maiming or any form of causing pain to a prisoner ?
a. Corporal punishment
b. Light punishment
c. Medical mode of punishment
d. Indeterminate punishment Ans. Corporal punishment
2. The main addition to the walnut street complex was a new cellblock called the
a. Penitentiary house
b. Auburn System
c. Total Isolation
d. All of these Ans. Auburn System
3. He developed his penology theories while voluntary incarcerated for a year at Auburn
Served as Sing sing warden in 1914-15 and 1916 ?
a. Elam Lynds
b. Thomas Mott Osborne
c. WillianBrittin
d. Lewis Edward Lawes Ans. Thomas Mott Osborne
4. By Royal Decree in 1865 , the old bilibid Prison was constructed as the main penitentiary on
a. Mayhalique
b. Echaque
c. Oroquita
d. Quipo Ans .C. Oroquita
5. This became known as Camp Sampaguita or the medium security , which used as a Military stockade
during the martial law years and the minimum- Security Camp, who’s first site was christened as
a. BukangLiwayway
b. Fort William Mckinley
c. Bontoc Prison
d. Corregidor Prison Ans .BukangLiwayway
6. The central Tower of the old bilibid Prison formed the hub and under this tower was the
a. Hospital
b. Chapel
c. Carcel
d. Presidio Ans .Chapel
7 The Old bilibid Prison was abandoned and now under the jurisdiction of
a. Public works and Highway
b. Metro Manila Development Authority
c. Public Estates Authority
 d. None of these Ans .Public Estates Authority
7. oldest penal colony in the country The San Ramon Prison and Penal farm in Zamboanga was
established to confine
a. Muslim rebels
b. Political prisoners
c. Prisons from Sulu
d. All the above Ans .Muslim rebels
8. It is established a disciplinary and administrative a system based on silence ,corpural punishment and
congregate( group ) labor
a. Sing sing Prison
b. Auburn State Prison
c. Eastern State Penitentiary
d. Bilibid Prison Ans .Auburn State Prison

9 Originally built as a conventional jail just before the American revolution .

It was expanded in 1790 and hailed as the model of enlightened thinking about criminal
a. Walnut Street Prison
b. Auburn Prison
c. Alcatraz Prison
d. None of the above Ans . Street Prison
10.Beacuse most of early convicted criminal travel by boat to sing sing the Phase
“ up the river “ came to mean
a. Going to prison
b. Silent March
c. locktep formation
d. Prison Carb Ans .. Going to prison
11 . it is where the prison are confined in a single cell day and night
a. Penitentiary house
b. Auburn system
c. Pennsylvania system
d. Total isolation system Ans .Auburn system
12. What is the first prison in the Philippines ?
a. Old Bilibid Prison
b. New Bilibid Prison
c. San Ramon Prison
d, Iwahig Penal Colony Ans .. Old Bilibid Prison
13. the ____ was one o the forerunners of an entire school of thought prison
construction and reform
a. Walnut Street Prison
b. Auburn Prison
c. Alcatraz Prison
d. All of these Ans .Walnut Street Prison
14. During the Work War 11 , inmates from old Bilibid Prison were
regularly sent to Corregidor for _______
a. World was 11 purposes
b. Labor purposes
c. personal and military assistance purposes
d. maintain the operation .Ans . Labor purposes
15. He ran as a Director of Prisons for 27yrs
a. John howard
b. Thomas Moot Osborne
c. James Bennett
 d. Samuel RomillyAns .James Bennett
16. The bukang liwayway camp of the new Bilibid Prison houses the
a. Mentally Deranged Prison
b. MinimunSecurity inmates
c. Maximum Security inmates Ans .. MinimunSecurity inmates
17. In 1908 During the American regime, some 100 prisons were transferred
from the old bilibid Prison to ------------ work under military authorities
a. Bilibid Prison
b. Bontoc Prison
]c. Corregidor Prison Ans .c. Corregidor Prison
18. It is a branch of Criminal Justice system concerned with the custody ,
supervision and rehabilitation of the criminal offenders
a. Correctional
b. correctional administration
c. corrections
d None of the above Ans .corrections
19. it is also the most well known in the country ,especially notable for its harsh
conditions in the 19 th and 20th centuries
a. sing sing prison
b. Auburn state Prison
c. eastern state Penitentiary
d, Bilibid Prison Ans.a. sing sing prison
20. the Prison is originally used as detention centre for offender of US laws and ordinances
a. Fort Bonifacio
b. bontoc prison
c. new Bilibid Prison
d. Corrregidor Prison Ans a. Fort Bonifacio
21. The Davao Penal Colony in southern Mindanao was opened in 1932 under the act of
a. ACTNo 1407
b. ACT No 3579
c. Commonwealth act 67
d. ACT NO 3732 Ans . d. ACT NO 3732
22. He was a leading American penal reformer and prison administrator who served as director of Federal
Bureau of Prisons ( BOP ) from 1937- 1964
a. John Howard
b. Thomas Moot Osborne
c. James Bennet
d. Robert Peel Ans . . James Bennet
23 A prison model which sought penitence through total individual isolation and silence
a. Pennsylvania prison model
b. Auburn Prison model
c. Work release
d. Halfway Housed Ans . Pennsylvania prison model
24 . The correction institution for Women was created under ________
to provide separate facilities for women offender
a. Act No 1407
b. Act no 3579
c. Commonwealth act 67
d. Art 3732 Ans . Act no 3579
25. On _______All inmates of the old bilibid prison in Manila were transferred
from the new sites
a. November 17 ,1940
 b. November 16 ,1940
c November 15 ,1940
d November 14 ,1940 Ans .c November 15 ,1940

26. __---------- Was enacted appropriating one million pesos (1M) pesos for the construction of a new national
prison in the southern suburb of Muntinlupa ,Rizal in 1935
a. Commonweath Act 69
b Commonweath Act 68
c. Commonweath Act 67
d. None of these Ans .. Commonweath Act 67
27. The System of prison was the confinement ofth prison on the single cells at night congregate work in stop
during the day
a. Pennsylvania Prison
b. Auburn Prison
c.Elmira Reformatory
d. Alcatraz Prison
28. this prison was built for the prisoners of the province and insular r prisoners
who were members of the non Christian tribes of the mountain Province and Nueva Ecija
a. Bilibid Prison
b. Bontoc Prison
c. Corregidor Prison
d. None of these Ans Bontoc Prison
30. The new bilibid prison compound has an area of
A .300 *300
b. 400*400
c. 500*500
d. None of these Ans. A .300 *300
31. When the prisons established
a. 1845
b. 1846
c . 1847
d .1848 Ans .1847
1. It is the authority of the President of the Philippines to
suspend the execution of a penalty, reduce the sentence and
extinguish criminal liability.
A. Parole
B.Executive clemency
C. Pardon
D.President’s clemency Answer: B

2. The B.J.M.P. is under the administration of the:

A. Executive Department
B. P.N.P.
C. D.I.L.G.
D. D.O.J Answer: C

4. The basis of this old school of penology is the human free-will.

A. Penology School
B. Classical School
C. Neo-classical
D. Positivist Answer: B

5. This helps the prisoner/detainee in the resolution of his problems

A. Meeting
B. Working
C. Recreation
D. Counseling Answer: D

8. Pardon cannot be extended to one of the following instances.

A. Murder
B. Brigandage
C. Rape
D. Impeachment Answer: D

9. It refers to commission of another crime during service of

sentence of penalty imposed for another previous offense.
A. Recidivism
B. Delinquency
C. Quasi-recidivism
D. City prisoner Answer: C

10. A person who is detained for the violation of law or ordinance

and has not been convicted is a -
A. Detention Prisoner
B. Provincial Prisoner
C. Municipal Prisoner
D. City Prisoner Answer: A

11. The following are forms of executive clemency, EXCEPT

 A. Commutation
B. Reform model
C. Amnesty
D. Pardon Answer: B

12. It is that branch of the administration of Criminal Justice

System charged with the responsibility for the custody,
supervision, and rehabilitation of the convicted offender.
A. conviction
B. corrections
C. penalty
D. punishment Answer: B

13. Which of the following instances Pardon cannot be exercised?

A. before conviction
B. before trial
C. after conviction
D. during service of sentence Answer: B

14. This is a procedure which permits a jail prisoner to pursue

his normal job during the week and return to the jail to serve
his sentence during the weekend or non-working hours.
A. Amnesty
B. good conduct time allowance
C. probation
D. delayed sentence Answer: D

15. The following are the justifications of punishment, EXCEPT

A. Retribution
B. Deterrence
C. Redress
D. Expiration or atonement Answer: C

16. Pardon is exercised when the person is __.

A. already convicted
B. not yet convicted
C. about to be convicted
D. serve the sentence Answer: A

17. The idea that punishment will be give the offender lesson by
showing to others what would happen to them if they have
committed the heinous crime.
A. Protection
B. Deterrence
C. Lethal injection
D.Stoning Answer: B

18. For a convicted offender, probation is a form of __.

A. Punishment
B. Treatment
C. Enjoyment
D. Incarceration Answer: B
19. For amnesty to be granted, there should be __.
A. Recommendation from U.N.
B. Recommendation from C.H.R.
C. Application from C.H.R
D. Concurrence of the congress Answer: D

20. The head of the Bureau of Corrections is the

A. Director
B. Secretary of the DND
C. Chief of Executive
D. Prison Inspector Answer: A

22. It is a penalty wherein a convicted person shall not be permitted

to enter the place designated in the sentence or within the radius
therein specified, which shall not be more than 250 and not less
than 25 kilometers from the place designated.
A. Fine
B. None of these
C. P22.00/day
D. P19.00/day Answer: B

26. A justification of penalty which states that nobody can assume

the suffering for a crime committed by others.
A. Justice
B. Personal
C. Legal
D. Certain Answer: B

28. This branch takes charge of the preparation of the daily menu,
makes foodstuff purchases, prepares and cooks the food and
serves it to the inmates.It maintains a record of daily purchases
and consumption and submits a daily report to the warden.
A. General Services Branch
B. Mittimus Computing Branch
C. Budget and Finance
D. Mess services Branch Answer: D

29. Under Article VII, Section 10 paragraph (B) of the Philippines

Constitution, pardoning power is vested with the
A. Department of Justice
B. Judiciary
C. Chief Executive
D. Legislative Answer: C

30. The temporary stay of execution of sentence is called

A. Reprieve
 B. Pardon
C. Communication
D. Amnesty Answer: A

31. Parole is a matter of ___.

A. Privilege
B. Right
C. Grace
D. Requirement Answer: A

32. This group consists of chronic troublemakers but not as

dangerous as the super security prisoners. They are not
allowed to work outside the institution.
A. maximum security prisoners
B. super security prisoners
C. minimum security prisoners
D. medium security prisoners Answer: A

33. Among the following, which has the authority to grant parole?
A. President
B. Board of Pardons and Parole
C. Director of Prison
D. Court Answer: B

35. It is an act of clemency which changes a heavier sentence to

a less serious one or a longer term to a shorter term.
A. Amnesty
B. Commutation
C. Reprieve
D. none of these Answer: B

36. ___ is an act of grace and the recipient is not entitled to

it as a matter of right.
A. Pardon
B. Parole
C. Probation
D. none of these Answer: B

38. The Bureau of Corrections is under the _____.

A. Department of Social Welfare and Development
B. Department of Justice
C. Department of the Interior and Local Government
D. Department of Health Answer: B

39. A person who is sentenced to serve a prison term of over three

(3) years is a _________________.
A. Municipal prisoner
B. Detention prisoner
C. National or Insular prisoner
 D. City prisoner Answer: D

40. The Head of Bureau of Corrections is also the

A. Chief of the Bureau of Corrections
B. Director of the Bureau of Corrections
C. Superintendent of the Bureau of Corrections
D. Warden Answer: B

41. What is the type of Jails under the Supervision of the BJMP?
A. Provincial and sub-Provincial Jails
B. City and Municipal Jails
C. Lock up Jails
D. Insular Jails Answer: B

42. Provincial Jails were first established in 1910 under the

American Regime. At present, who supervises and controls the
said jails?
A. BJMP
B. Provincial Government
C. DOJ
D. Municipal or City Mayor Answer: B

43. What is the primary purpose of imprisonment?

A. Rehabilitation and Reformation
B. To stand trial
C. Punishment
D. Socialization Answer: A

44. Which is a place of confinement for persons awaiting trial or

court action and where the convicted offenders serve short
sentences or penalty of imprisonment?
A. Jail
B. Lock-up
C. Penitentiary
D. Detention Cells Answer: A

45. Which is a warrant issued by the court bearing its seal and
signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or
detention?
A. Mittimus
B. Detention Mittimus
C. Sentence Mittimus
D. Detention Warrant Answer: C

46. The maintenance or care and protection accorded to people who

by authority of law are temporarily incarcerated for violation
of laws and also those who were sentenced by the court to serve
judgment is called –
A. custody
B. safe-keeping
C. classification
 D. caring Answer: A

49. The act of grace from a sovereign power inherent in the

state which exempts an individual from the punishment which the
law imposes or prescribes for his crime, extended by the President
thru the recommendation of the Board of Parole and Pardon is
called
A. Amnesty
B. Parole
C. Pardon
D. Probation Answer: C

50. Under the prison service manual, the prescribed color of prison
uniform for maximum security prison is -
A. Orange
B. Brown
C. Stripe Orange
D. Blue Answer: A

54. In the New Bilibid Prison, all medium security prisoners are
confined at the
A. NBP Main Prison
B. Camp BukangLiwayway
C. Camp Sampaguita
D. Medium Security Prison Answer: C

56. The form of conditional release that is granted after a

prisoner has served a portion of his sentence in a correctional
A. Conditional pardon
B. Probation
C. Parole
D. Commutation Answer: C

59. The Sablayan Penal Colony and Farm, a National Penitentiary in

the Philippines under the BUCOR is located in ____.
A. Palawan
B. Zamboanga
C. Davao
D. Occidental Mindoro Answer: D

60. In Babylon, about 1990 BC, this is credited as the oldest

code prescribing savage punishment but in fact ___ is nearly.
100 years older
A. Hammurabic Code
 B. Sumerian Code
C. Justinian Code
D. Code of Draco Answer: B

65. Which of these is known as the Adult Probation Law, which

grants probation to prisoner sentenced to term in prison of not
more than six (6) years?
A. PD 603
B. RA 698
C. PD 968
D. PD 869 Answer: C

68. This pillar/component of our criminal justice system has been

regarded the weakest pillar due to its failure to eliminate
recidivism and habitual offenders.
A. law enforcement
B. prosecution
C. court
D. correction Answer: D

69. The traditional goal of penology is

A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: B

70. The attempt to prevent future crimes through fear of

punishment.
A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: B

71. The task of changing an offender’s attitude so that he or she

may not commit another crime in the future.
A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: D

72. The idea that re-entry of an offender should be in the

mainstream of society rather than the usual abrupt re-entry
at the end of a prison sentence.
A. Reintegration
B. Deterrence
 C. Incapacitation
D. Rehabilitation Answer: A

74. It direct, supervise and control the administration and operation

of all district, city and municipal jails to implement a better
system of jail management nationwide
A. Bureau of Jail Management and Penology
B. Department of Justice
C. Bureau of Corrections
D. Parole and Probation Administration Answer: A

75. It exercise supervision and control over provincial jails.

A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration Answer: C

76. An agency under the Department of Justice that is charged with

custody and rehabilitation of national offenders, that is, those
sentenced to serve a term of imprisonment of more than three
(3) years
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration Answer: B

77. The New Bilibid Prison, the Correctional Institution for Women
(CIW), Iwahig Prison and Penal Farm, and Sablayan Prison and
Penal Farm are all under this agency.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Department of Justice Answer: B

78. An attached agency of the Department of Justice which provides

a less costly alternative to imprisonment of offenders who are
likely to respond to individualized community based treatment
programs.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration Answer: D

79. Prisoners whose sentences are more than three years to capital
punishment are considered
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: D

80. Prisoners whose sentences are from one day to six months are
 A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: A

82. A prison model where incarcerated persons are allowed to work

outside the institution that houses them.
A. Pennsylvania Prison Model
B. Auburn Prison Model
C. Work Release
D. Halfway Houses Answer: B

83. An alternative to incarceration granted after a convicted person

served a part of his sentence and is allowed to complete a
sentence at large, subject to restrictions and supervision.
A. Probation
B. Work release
C. Parole
D. Halfway houses Answer: C

84. An alternative to incarceration that allow convicted persons

to remain at large and under varying degrees of restriction
and supervision and certain conditions imposed by the
granting court.
A. Probation
B. Work release
C. Parole
D. Halfway houses Answer: A

85. A correctional institution that has the authority to detain

persons awaiting trial or adjudication or confine convicted
offenders for a short period of time.
A. Halfway houses
B. Penal colonies
C. Jails
D. All of these Answer: C

86. A correctional institution that has the authority to detain

convicted offenders for longer or extended period of time,
including those who are waiting their death sentence.
A. Halfway house
B. Farm house
C. Jail
D. Prison Answer: D

87. The law creating the Bureau of Jail Management and Penology.
A. RA 8551
B. RA 9165
 C. RA 6975
D. RA 4890 Answer: C

88. Who among the following is a provincial prisoner?

A. A prisoner serving a term below six (6) years
B. A prisoner serving a term of six (6) years and up
C. A prisoner serving a term of six (6) months and one
(1) day to three (3) years
D. A prisoner serving a term of three (3)years and one
(1) day up Answer: C

90. Which of the following is an executive clemency that requires

the concurrence of congress?
A. Probation
B. Pardon
C. Amnesty
D. Parole Answer: C

91. The Parole and Probation Administration administers the _____

Correctional Program.
A. Institutional
B. Integrated
C. Community – based
D. Traditional Answer: C

92. A minimum and maximum amount of time to be served in prison is

referred to as
A. a corporal punishment
B. a determinate sentence
C. an indeterminate sentence
D. a capital punishment Answer: C

93. Pedro was required to provide financial remuneration for the

losses incurred by the victim. What is the type of penalty
described?
A. Bond
B. Retribution
C. Restitution
D. Remuneration Answer: C

95. What crimes apparently have no complaining victims such as

gambling, prostitution and drunkenness?
A. Complex Crime
B. Compound Crime
C. Blue Collar crimes
D. Victimless crimes Answer: D

96. Which agency performs the evaluation of prisoner’s fitness and

qualifications for the grant of pardon or parole?
A. Punishment, confinement retribution, treatment
 B. Retribution, Deterrence, incapacitation, rehabilitation
C. Deterrence, retribution, punishment treatment
D. None of the above Answer: D

98. The Supreme Court automatically reviews the cases of criminals

convicted and meted out the penalty of
A. 12 years 6 months and one day
B. Death
C. Life imprisonment
D. 6 years one month and one day Answer: B

100. What correctional institution houses accused persons awaiting

trial?
A. Rehabilitation center
B. Jail
C. Halfway house
D. Prison Answer: B

101. Articles 1706 - 1727 of the revised Administrative Code as

amended is known as
A. Correction Law
B. Jail Management Law
C. Prison Law
D. Parole and Probation Law Answer: C

109. One of the following represents the earliest codification of the

Roman law, which was incorporated into the Justinian Code.
A. Twelve Tables
B. Burgundian Code
C. Code of Draco
D. Hammurabic code Answer: A

111. What law renamed the Bureau of Prison to Bureau of Correction

during the Aquino administration in the Philippines?
A. E.O 727
B. E.O 292
C. E.O 645
D. E.O 104 Answer: B

112. Retaliation is the earliest remedy for a wrong act to any one (in
the primitive society). The concept follows that the victim’s
family or tribe against the family or tribe of the offender, hence
“blood feuds” was accepted in the early primitive societies.
Retaliation means:
 A. Personal Vengeance
B. Tooth for a tooth
C. Eye for an Eye
D. All of these Answer: A

113. In 1936, the City of Manila exchanges its Muntinlupa property

with the Bureau of Prisons originally intended as a site for boys’
training school. Today, the old Bilibid Prison is now being used as
the Manila City Jail, famous as the :
A. “ May Halique Estate”
B. “TandangSora State”
C. New Bilibid Jail
D. Muntinlupa Jail Answer: A

115. Mr. Cruz was convicted of the crime of murder. After 10 days
from the promulgation of the sentence, he escaped from his
place of confinement. He maybe
A. liable for evasion of service of sentence
B. considered as an escaped prisoner
C. not liable for evasion of service of sentence
D. All of these Answer: A

116. Ms. Bantog was convicted for the crime of infanticide. After
serving her sentence she committed again the same crime.Ms.
Ines Bantogmaybe considered as a
A. recidivist
B. quasi-recidivist
C. habitual delinguent
D. mentally retarded person Answer: A

117. Ramon, a basketball player, arrested Berto for some legal ground
but he failed to file a complaint against the latter with in the
prescribed period of filing. What crime did Ramon committed?
A. arbitrary detention
B. illegal Detention
C. illegal arrest
D. no crime committed Answer: B

118. The Camp Sampaguita of the national Bilibid Prison houses

A. Super Maximum Security Prisoners
B. Maximum Security Prisoners
C. Medium Security Prisoners
D. Minimum Security Prisoners Answer: C

120. The punishment should be provided by the state whose sanction

is violated, to afford the society or individual the opportunity of
imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve
 it.This is one justification of punishment called:
A. Atonement
B. Incapacitation
C. Deterrence
D. Retribution Answer: D

121. The purpose of commutation of sentence is to:

A. do away with the miscarriage of justice
B. break the rigidity of the law
C. restore the political and civil rights of the accused
D. all of the above Answer: D

124. Upon receipt of the probation officer investigation report, the

court shall resolve the application for probation not later than-
A. 60 days
B. 5 days
C. 15 days
D. 45 days Answer: B

125. Who is the Father of Philippine Probation?

A. Jose Lacson
B. Juan Ponce Enrile
C. Antonio Torres
D. None of these Answer: D

132. The founder of the Classical School of Criminology and published

a short treaties “ On Crimes and Punishments” which contains
his reformatory ideas was
A. Jeremy Bentham
B. Cesare Lombroso
C. Cesare Beccaria
D. Enrico Ferri Answer: C

134. Filipino female national prisoners are confined at the

A. Mental hospital
B. CIW
C. Manila City Jail
D. Iwahig Penal Colony Answer: B

135. An offender who surrenders from escaping because of calamity

immediately 48 hours after the pronouncement of the
passing away of calamity shall be granted
A. 1/5 reduction of sentence
 B. ½ reduction of sentence
C. 2/5 reduction of sentence
D. 2/6 reduction of sentence Answer: B

136. What is the name of the prison institution situated in

Zamboanga, named after Capt. Blanco of the Spanish Royal
Army?
A. Old Bilibid Prison
B. SablayanPrsions and Penal Farm
C. San Ramon Prison & Penal Farm
D. Iwahig Penal Answer: C

137. A branch or division of law which defines crimes, treat of their

nature and provides for their punishment
A. Remedial law
B. Criminal law
C. Civil law
D.Political law Answer: B

138. One who investigates for the court a referral for probation or
supervises a probationer or both
A. police officer
B. probationer officer
C. intelligence officer
D. law enforcer Answer: B

139. Post sentence investigation report must be submitted by the

probation officer to the court within
A. 20 days
B. 30 days
C. 60 days
D. 90 days Answer: C

140. Parole in the Philippine is governed by the

A. determinate sentence law
B. Indeterminate sentence law
C. Board of pardon and parole
D. Parole and probation administration Answer: B

141. A detention jail in Philadelphia but it was converted into state

prison and became the first American penitentiary.
A. Auburn Prison
B. Walnut Street Jail
C. Pennsylvania Prison
D. Bride Well Answer: B

142. The system of prison were the confinement of the prisoners in

single cells at night and congregate work in stop during the
day.
A. Pennsylvania prison
B. Auburn prison
C. Elmira reformatory
 D. Alcatraz prison Answer: B
143. Under the rules, the chairman of the classification board and
disciplinary board for jails should be
A. Warden
B. Assistant warden
C.Custodial officer
D. Security officer Answer: B

144. A special group of prisoners composed of incorrigible, intractable

and dangerous persons who are so difficult to manage inside
prisons.
A.Medium Security prisoners
B. Maximum security prisoners
C. Super maximum security prisoners
D. Minimum Security Prisoners Answer: B

147. It is a special unit in prison where by newly arrived prisoners

will be admitted for diagnostic examination, observation
A. Reception and Diagnostic Center
B. Medium Security Compound
C. Maximum Security Compound
D. Minimum Security Compound Answer: A

149. The principle of an “eye for an eye” “tooth for a tooth” doctrine
is common among ancient laws, specifically t
A. Code of Draco
B. Hammurabic Code
C. Summerian Code
D. Code of Solomon Answer: B

150. “Lex Tallionis” means

A. Punishment
B. Law of retaliation
C. Retribution
D. Suffering Answer: B

152. He wrote his book “State of the Prisons” and he was also
considered as the great prison reformer.
A. John Howard
B. John Augustus
C. William Penn
D. Domets of France Answer: A

157. Parole and Probation Administration is under the direction of

the
A. Department of Finance
B. Department of Justice
C. Department of Interior and Local Government
 D. BJMP Answer: B

160. The following are considered as discretionary conditions of

probation except
A. Drinking intoxicated liquor to excess
B. Abstain from visiting house of ill repute
C. Meet his family responsibilities
D. Cooperate with the program of probation Answer: C

161. The first convict in the Philippines, sentenced to death by

means of Lethal injection was
A. Baby Ama
B. AsiongSalonga
C. Leo Echagaray
D. Gregorio S. Mendoza Answer: C

166. Hanging is for death penalty, maiming is for

A. Social degradation
B. Exile
C. Physical torture
D. Slavery Answer: C

169. Capital punishment refers to:

A. Life imprisonment
B. Death Penalty
C. Reclusion Perpetua
D. All of these Answer: B

170. One of the following is not an administrative function exercised

by the executive branch of the government.
A. Probation
B. Pardon
C. Parole
D. Amnesty Answer: A
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
JUVENILE DELIQUENCYY AND JUVENILE JUSTICE SYSTEM REVIEWER

Juvenile - A Juvenile is a person who has not reached adulthood or the age of
majority. From this point, it can be assumed that the term covers a child, an adolescent, a minor,
a youth or a youngster below 18 years old.

A delinquent person is also defined as one who repeatedly commits an act that is against the norms or
mores observed by then society.

Juvenile Delinquency - also refers to an anti-social act or behaviour of minors which deviates from
the normal pattern of rules and regulations, customs, and culture which society does not accept and
which, therefore, justifies some kind of admonishment, punishment, or corrective measures
in the public interest.

Legally, juvenile delinquency is defined as:

• Criminal law violations that would be considered crimes if committed by an adult;
• An act committed by a minor that violates the penal code of government with authority
over the place in which the act occurred;
• The committing of those things considered crimes by the country;
• Any act, behaviour or conduct which might be brought to court
and judge whether such is a violation of law.

Juvenile crime, in law, denotes various offenses committed by children or

youths under the age of 18. Such acts are sometimes referred to as juvenile
delinquency.

Status Offenses
- Are acts that only juveniles can commit and that can be adjudicated
only by a juvenile court. Typically status offenses range from
misbehaviour/ misdemeanour, such as violations of curfew, etc., to offenses
that are interpreted very subjectively, such as unruliness and
ungovernability.

Stages of Delinquency
• Emergence - The child begins with petty larceny between 8 and sometime during 12th year.
• Exploration - They may move on to shoplifting and vandalism between 12 to 14.
• Explosion - At age 13, there is a substantial increase in variety and seriousness.
• Conflagration - At around 15, four or more types of crime are added.
Classification of Delinquency
• Unsocial zed Aggression - Rejected or abandoned, no parents to imitate and become aggressive.
• Socialized Delinquency - Membership in fraternities or groups that advocate bad things.
• Over-inhibited - Group secretly trained to do illegal activities
like marijuana cultivation.

Juvenile Delinquency Tendencies

• Malicious - Expression of defiance
• Negativistic - Changeable attitudes like not being satisfied with status
• Non-utilitarian - Vandalistic attitude like not being satisfied with status
• Hedonistic - Doing bad things for pleasure

Types of Delinquent Youth

• Socialized delinquents - They become delinquents as a result of their social association with people
from whom they learned deviant values.
• Neurotic delinquents - these youths become delinquents as a result of distortions in their personality
and their ideas and perception of the world around them.
• Psychotic delinquents - there are youths with severe personality
disorders have significantly distorted perception of the society
around them.
• Sociopathic delinquents - these youths are characterized by an
egocentric personality.

Other ways to classify delinquents are as follows:

• Environmental delinquents - They are the occasional lawbreakers.
• Emotionally maladjusted delinquents - these delinquents are the
chronic lawbreakers who make breaking of laws a habit they cannot
avoid or escape from.
Psychiatric delinquents - they are persons who become delinquent
due to mental illness or serious emotional disturbances in the
family.
Occasional Delinquents – these delinquents participate in a group.
they have common or similar characteristics. They are “pro-social.”
They do what others doing.
• Gang Delinquents – they generally commit the most serious
infractions, most often sent to a correctional institution, and
most often continuous in a pattern of semi-professional criminal
behaviour as adults.
• Maladjusted Delinquents – the activity stems from personality
disturbance rather than gang activity or slum residence. They have
“weak ego,” “the asocial,” experienced early and severe parental
rejection. They are disorderly, confused and not dependable with
pathological disturbances.
Roman Law and Canon (Church) Law.
• There is distinction between juvenile and adults based on the
notion “Age of responsibilities.”
Ancient Jewish Law.
• Talmud (body of Jewish civil and religious laws)
• No corporal punishment prior to puberty. Female 12, 13 for male
• No capital punishment was to be imposed on those offendersunder 20 years of age.
Anglo Saxon Common Law.
• Children under 7 were automatically presumed because of their age
• Children over 14 were automatically judged as an adult
• Children between 7 and 14 were presumed innocent because of their age, but could be found guilty
under certain circumstances

“ParensPatriae”
- Responsibility of the courts and the state to act on behalf of the child and provide care and
protection equivalent to that of a parent

Albert K. Cohen- was the first man who attempted to find out the process of beginning of the
delinquent subculture.

A. Early General Theories on the Causes of Delinquency

1. Demonological Theory – This theory promoted the notion that persons
should not be held responsible for their action when they do evil things because their body is
possessed by evil spirits.
2. Classical Theory – This was based on the assumption that people are
rational, have free will, and therefore able to choose.

Classicist have four good reasons why delinquent persons

and offenders should be punished:

o 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.
o Specific Deterrence – Punishment will strike fear in the hearts of wrongdoers, thus making
them less likely to offend others again.
o Incapacitation – The simplest form of jurisdiction; wrongdoers should be locked up in jail
since while they are imprisoned in an institution, they cannot
commit offense against other people in the outside world.
o Retribution – This reason objects the idea that anything good or useful will follow or result
from punishing offenders.

3. Positive or Italian Theory – Positive Theory promoted the idea of

determinism as a way of explaining crime and delinquency.
 4. Critical Theory – This theory blames delinquency on the imbalance
of power within the human society.

D. Social Class Theories

1. Social Disorganization Theory
-Disorganized areas cannot exert social control over acting-out youth;
these areas can be identified by their relatively high level of change, fear,
instability, incivility, poverty and deterioration, and these factors have direct influence on the
area’s delinquency rate.
2. Anomie Theory - Is norm lessness produced by rapidly shifting moral values.
3. Strain Theory
- It contends that certain classes are denied legitimate access
to culturally determined goals and opportunities, and the resulting
frustration results in illegitimate activities or rejection of the society’s goal.
4. Differential Opportunity Theory

- Flourish in the lower classes and take particular forms so that the means for illegitimate success
are no more equally distributed than the means for legitimate success.
Three types of delinquent gangs (Cloward& Ohlin):
✓ The Criminal Gang – this type of gang is stable than
the ones to follow. Older criminals serve as role
models and they teach necessary criminal skills to
the youngster.
✓ The Conflict/Violent Gang – this gang aims to find
reputation for toughness and destructive violence.
✓ The Retreatist Gang – members are known as double
failures, thus retreating into a world of sex, drugs
and alcohol.
5. Class Conflict Theory

-Conflict theory is based upon the view that the fundamental causes of crime are the social
and economic forces operating within the society.
6. Differential Oppression theory
- It contends that much serious juvenile delinquency is a product of the oppression of children
by adults, particularly within the context of family.

E. Interpersonal Theories
1. Differential Association Theory
-This theory asserts that criminal behaviour is learned primarily within the interpersonal
groups and that youth will become delinquent if definitions they have learned favourable to
violating the law exceed definitions favourable to obeying the law within the group.
2. Social Learning Theory

-Social learning theory suggest that children who grow up in home where violence is a way
 of life may learn to believe that such behaviour is acceptable and rewarding.

F. Situational Theories
Drift Theory (Neutralization Theory)
- It proposes that juveniles sense a moral obligation to be bound by the law. Such a bind between
person and the law remains in place most of the time. If not, it will drift.

G. Societal Reaction Theories

Labelling Theory
-Regardless of the cause of individual’s delinquent behaviours detected, the offenders will be given a
negative label that can follow them throughout life.

H. Control Theories

1. Social Control Theory

-It states that members in society form bonds with other members in society or institution in society
such as parents, pro-social friends, churches, schools, teachers, and sports team.
2. Self-derogation Theory
-It states that all motivation to maximize our self- esteem, motivation to conform will be minimized
by family, school and peer interactions that devalue our sense of self.

3. Interactional Theory
-It states that weakening of a child’s social bond is the fundamental cause of delinquency.
4. Self-Control Theory
-It argues that it is the absence of self-control rather than the presence of some forces or factors such as
poverty, anomie, opportunities for deviance, delinquent peers, exposure to definitions favourable to deviance,
etc. that leads to deviance.

I. Other Theories
1. Cultural Deviance Theory
-It argues that children learn deviant behaviour socially through exposure to others and modelling of
others’ action.
2. Structural Function Theory
-Juveniles who engage in crimes do so, according to perspective, as a means to defy society’s defined
goals and innovate their own goals of delinquent behaviour.
3. Rational Choice Theory
-It argues that in many cases, deviance is a result of high calculation of risks and awards.
4. Routine Activity Theory
-It claims that crime is a normal function of the routine activities of modern living; offenses can be
expected by capable guardians.
5. Learning Theories
-This set of theories advances that delinquency is learned through close relationships with others.
It asserts that children are born “good” and learn to be “bad” from others.

Anti-social behavior – it is characterized by disrespect or

disobedience for authority.
❖ Lying – it does not cure lies by attacking the liars, for lies indicate needs which require attention.
Among the most important needs of a child are love, security, praise, peace, attention, happiness,
understanding, respect, and acceptance.
❖ Stealing – this behavior often stems from:
✓ Undisciplined desire for possession
✓ Loose morals in the home
✓ Parental indeffirence
✓ Lack of proper clothing and other school requirements
✓ Undisciplined plaesure seeking
❖ Truancy – this is cutting classes without any reasonable cause.
This often brought about by:
✓ Unattractive school life
✓ Fear of punishment
✓ Proximity place of vices
❖ Vagrancy – this is wandering away from home. Possible causes are:
✓ Disagreeable home conditions
✓ Feeble mindedness

Family Model

1. The Corporate Model

The father makes the most; he is the final word in the corporate family. Intimacy runs to the profit motive.
2. The Team Model
In the team family, competition is in the name of the game; winning
is everything.
3. The Military Model
Punishment is the swift and sadism is called character building.
4. The Boarding School Model
The parents have nothing left to learn; but there’s but to teach and test.
5. The Theatrical Model
No writer is necessary because the lines are scripted, the roles
are sex stereotypes, the plot predictable.

Parenting Styles
1. Authoritative parents

-Authoritative parents deal with their child in a rational, issue- oriented manner, engage in discussion and
explanation with their children over rules and discipline.
2. Authoritarian parents
- Open and constructive discussion is not common in an authoritarian
household because authoritarian parents believe that the child should
accept without question the rules and standards established by the
parents.
3. Indulgent parents
-Indulgent parents are more likely to believe that control is an
infringement or violation on the child’s freedom that may interfere with healthy development.

4. Indifferent parents
-They are fairly unresponsive to their child and try to minimize
the time and energy, they must devote to interacting with the child corresponding to the child’s demands.

“Child Abuse” can be defined as causing or permitting any harmful or offensive contact
on a child’s body; and, any communication or transaction of any kind which humulates,
shames, or frightens the child .

Typology of Child Abuser

1. Mentally disordered abuser -A person who has defective mental ability.
2. Parentally incompetent abuser
-An individual whose practice of disciplining the child is in the same way he has disciplined.
3. Situational abuser
-A parent who only abuses the child when he/she is confronted with
a particular situation, one who is usually non-abusive but “fly
off the handle” when some circumstances develops.
4. Accidental abuser
-A parent who exercises poor judgment in his/her parenting decisions; poor judgment results to child abuse.
5Subcultural abuser
-A group of people who share a number of values, norms or attitudes in common.
6. Self-identified abuser
-Parents who are abusive; although some of these kinds of abusers
want to stop abusing their children, they cannot and they afraid
to make their discipline practices known.
7. Institutional prescribed abuser
-Some institutions are grounded with beliefs that are abusive to children.

Gangs are groups of youths who collectively engage in delinquent

behaviours.

Gang Types
✓ Social gang
Membership is more interested in the social aspects of group
behavior.
✓ Party gang
Concentrates on drug use and sales, foregoing most delinquent
behavior, except vandalism.
✓ Serious delinquent gang
Engages in serious delinquent behavior while eschewing most drug
use.
✓ Organized gang
Heavily involved in criminality and drug sale and use.

School Climate
The term “school climate” generally refers to a broad range of concepts that include the culture of the school,
how the school is structured and administered, its design, and its rule structure.
Positive climate - is enhanced by administrations that are sensitive to students needs. This can be
manifested in curriculum designed to provide a relevant classroom experience.

P.D. 603 (The Child and Youth Welfare Code)

R.A. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)
R.A. 9344 - (Juvenile Justice and Welfare Act of 2006)

Definition of Terms
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form
of corporate security, property bond, cash
deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the child's
physical, psychological and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and developmentof the child.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
(f) "Community-based Programs" refers to the programs provided in a community setting developed
for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law,
for reintegration into his/her family and/or community.
(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private custodial setting, from which the child in conflict with
the law is not permitted to leave at will by order of any judicial or administrative authority.
(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational background without resorting to formal court proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo
after he/she is found responsible for an offense without resorting to formal
court proceedings.

(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private citizens. It includes the time
when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of
Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b)
of the same Rule in cases that do not require preliminary investigation or where there is no necessity
to place the child alleged to be in conflict with the law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment
program which may include counselling, skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children
in conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their
normal growth and development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article
152 of the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be
responsible for the appearance in court of the child in conflict with the law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with
the maximum involvement of the victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance
to the offender that he/she can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in prevention strategies.
r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts. These shall include curfew violations; truancy,
parental disobedience and the like.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs)and licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Centre" refers to a 24-hour residential
care facility managed by the Department of Social Welfare and Development (DSWD), LGUs,
licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law.
(u) "Victimless Crimes" refers to offenses where there is no private offended party
Juvenile Delinquency Reviewer 1
1. A Person under the age of 18 years.
A. Child
B. Teenager
C. Adolescent
D. Adult

2. Refers to a Child who is vulnerable to and at the risk of

committing criminal offenses because of personal, family,
social circumstances.
A. Teenager at Risk
B. Minor at Risk
C. Child at Risk
D. Adolescent at Risk

3. Refers to a Child who is alleged as accused of or adjudged as

having committed an offense under Philippine laws.
A. Teenager In Conflict with the law
B. Minor In Conflict with the law
C. Child In Conflict with the law
D. Adolescent In Conflict with the law

4. Known as the Juvenile Justice Welfare Act of 2006.

A. R.A. No. 7610
B. R.A. No. 9165
C. R.A. No. 9344
D. R.A. No. 8344

5. Under the Juvenile Justice Welfare Act, Children under the

following age are exempted from criminal responsibility
A. 9 yrs. and below as well as over 9 yrs. but below 15.
B. 12 yrs. and below as well as over 12 yrs. but below 15.
C. 15 yrs. and below as well as over 15 yrs. but below 21.
D. 15 yrs. and below as well as over 15 yrs. but below 18.

6. The Mental Capacity of a child to understand the difference

between what is right or wrong and the consequences of
his acts.
A. Motive
B. Discernment
C. Intent
D. Knowledge

7. An Alternative child-appropriate process of determining the

responsibility and treatment of a CICL.
A. Diversion
B. Parole
C. Probation
D. Home Detention

8. Known as the Child and Youth Welfare Code.

 A. R.A. No 9344
B. P.D. No. 603
C. R.A. No.7610
D. R.A. No. 8369

9. Known as the The Special Protection of Children against

Child abuse, Exploitation, and Discrimination Act of 1992.
A. R.A. No. 9344
B. R.A. No. 7610
C. R.A. No. 8369
D. P.D. No. 603

10. An Act establishing family courts which grants family courts

exclusive original jurisdiction over cases involving children.
A. R.A. No. 7610
B. R.A. No. 8369
C. R.A. No. 9344
D. P.D. No. 603

Answer:

1. A
2. C
3. C
4. C
5. D
6. B
7. A
8. B
9. B
10. B

Juvenile Delinquency Reviewer 2

1. In applying the provisions of R.A. 9344, In case of a child in
conflict with the law, It shall be construed
A. Rigorously
B. Strictly
C. Liberally
D. Stringently

2. Refers to a principle which requires a process of resolving

conflicts with the maximum involvement of the victim, the
offenders, and the community.
A. Punitive Justice
B. Retributive Justice
C. Restorative Justice
D. Poetic Justice

3. Justice attained by punishing or sanctioning the offender.

A. Restorative Justice
 B. Retributive Justice
C. Punitive Justice
D. Poetic Justice

4. A Person who acts illegally and is not old enough to be treated

as an adult under the laws of the community.
A. Juvenile Delinquency
B. Juvenile Delinquent
C. Young Criminal
D. Minor Criminal

5. The habitual committing of criminal acts or offenses by a young

person below the age at which ordinary criminal prosecution
is possible.
A. Juvenile Delinquency
B. Juvenile Delinquent
C. Children In Conflict With The Law
D. Child Offender

6. The Age at which the rights and privileges of an adult are

legally granted.
A. Manhood
B. Adolescence
C. Adulthood
D. Age Of Majority

7. An Action that is prohibited only to and most often applied

to offenses only committed by minors.
A. Minor Offenses
B. City Ordinances
C. Status Offenses
D. Misdemeanor

8. The Period following the onset of puberty during which a

young person develops from a child into an adult.
A. Adolescence
B. Adulthood
C. Teenager
D. Manhood

9. The Period during which adolescents reach sexual maturity and

become capable of reproduction.
A. Adulthood
B. Puberty
C. Teenager
D. Majority

10. A Category of Crime that includes among others crimes,

Robbery, Theft, Carnapping, Arson, Shoplifting, and Vandalism.
A. Minor Crimes
B. Status Offenses
C. Violent Crime
 D. Property Crimes

11. A Crime in which the offender uses or threatens to use violent

force upon the victim.
A. Status Offenses
B. Violent Crimes
C. Serious Crimes
D. Major Crimes

12. Any Intentional Unauthorized absence from compulsory

schooling.
A. Truancy
B. Deviancy
C. Kickout
D. Dropou

Answer:

1. C
2. C
3. B
4. B
5. A
6. D
7. C
8. A
9. B
10. D
11. B
12. A
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
SPECIAL CRIME INVESTIGATION REVIEWER

Special crime investigation - is the investigation of cases that are unique and often
require special training to fully understand their broad significance. Homicide, robbery
rape, and sexual offenses, kidnapping. car napping. bomb threats and explosions, illegal
recruitment, and terrorist activities are examples of cases that call for special crime
investigation Despite their relatively low frequency when compared with “standard”
crimes, offenses involving special crime investigations are increasing and their impact on
society are being felt more strongly.

PHASES OF SPECIAL CRIME INVESTIGATION

1. The Preliminary Investigation

The preliminary investigation involves the first exposure of the criminal
offense to the investigative effort. It cannot be emphasized too strongly that this step is
vital to the success of the investigation. The preliminary investigation serves as the
foundation for the case:
2. The In-Depth Investigation
The second investigative state of criminal offense is the follow-up or
continuing inquiry. The in-depth phase follows-up initial leads stemming from the
preliminary investigation. Traditionally, this stage of inquiry has been the sole
responsibility of the investigator because the continuing investigation is frequently defined
as occurring when the patrol officer yields responsibility to the investigator.
3. The Concluding Investigation
The concluding investigation is the final stage is the direct outgrowth of the
previous two stacks. lf the preliminary and in-depth investigations have been
unsuccessful in identifying, locating, and arresting a suspect, certain administrative
decisions concerning the continuation of the case must be made. An active inquiry cannot
continue indefinitely.

DEFINITION OF HOMICIDE
Homicide is the unlawful killing of any person. It is neither parricide, murder nor infanticide.

CORPUS DELICTI
The corpus delicti is the collection of basic facts establishing that a crime has
been committed and that some other person is responsible.
PARTITIONING RESPONSIBILITIES

1. Evidence Technician – responsible for recording a crime scene and recognizing

and preserving physical evidence
2. Criminalist – responsible for the recognition, collect ion and preservation of
physical evidence and in recording the crime scene.
3. Forensic Pathologist - responsible for the recognition collection and preservation
of physical evidence; recording of the crime scene: identification of the victims and
establishment of the cause and the manner of death. He also contributes to the
recognition, collection and preservation of the physical evidence and in
ascertaining the motives of the crime.
4. Forensic Anthropologist - responsible for the recognition, collection and
preservation of physical evidence: identification of the victim and recording the
crime scene.
5. Investigator – responsible for recording the crime scene: the recognition,
collection and preservation of physical evidence: development of authentic in
formation for the identification of the victim: and establishment of the cause and
the manner of death. He also ascertains the motives of the crime, seeks additional
information and questions suspects.

Robbery - is defined as the taking of personal property belonging to another, with

the intent to gain, by means of violence against, or intimidation of any person or using
force upon things.

TYPOLOGIES OF ROBBERS
1. Professional Robber
-The professional robber is characterized as having a long- term
commitment to crime as a source of livelihood, planning and organizing crimes before committing
them and pursuing money to support a particular lifestyle.
2. Opportunist
-The opportunist will steal to obtain small amounts of money when he or she
identifies what seems to be a vulnerable target. Examples of opportunist targets are
taxi drivers. Drunks and the elderly.
3. Drug Addict Robber
-The drug addict robber robs to support his or her drug habit. Unlike the professional
he or she has a low commitment to robbery because of its danger but a high
commitment to theft because it supplies much-needed funds. Although the addict is
less likely to use a weapon, he or she is more cautious than the opportunist. When
desperate for funds, however, he or she will be less careful in selecting victims and
carrying out the crime.

4. Alcoholic Robber
-Excessive consumption of alcohol may cause some persons to enter into robbery
as a criminal alternative. Alcoholic robbers plan their crimes randomly and give little
consideration to victim selection, escape or circumstances under which the crime will
be committed.

CHARACTERISTICS OF ROBBERS

1. Amateur Intermittent Offenders

These types of robbers view themselves as lifetime robbers and commits

frequent robbery offenses, often recklessly. Whereas intensive offenders tend to
attack victims with known profit potentials, intermittent offenders generally select
victims randomly. They are more inclined to attack victims who are, obviously more
vulnerable, e.g., women or elderly people. Consequently, they are less likely to be
armed, often resorting to the strong arm technique.

2. Specific-Objective Offenders

They are probably the least numerous of the robbery suspect types. They
commit robbery to achieve a specific objective beyond the acquisition of money
per se. They

CATEGORIES OF ROBBERY
1. Armed Robbery – involves the use of weapons such a firearm, a knife or other
dangerous weapons the terms for this include hold-up, stick-up, heists and
hijacking.
2. Strong-Arm Robbery – involves the use of physical farce to commit the robbery.
Other terms for this include mugging and muscle job.

TYPES OF ROBBERY

1. Street Robbery
-Street robberies are those offenses occurring on public streets,
thoroughfares or other outdoor localities that are not obstructed from public view.
Most of the robberies fall into this type.

2. Residential Robbery
-A residential robbery takes place whenever an offender, forcefully or by
deceit, enters the domicile of a victim while the victim is present for the purpose of
taking that person’s possession and valuables.

3. Vehicle Related Robbery

-In the vehicle-related robbery, the operator of some commercial type of
vehicle is victimized.
4. Commercial Robbery
-Robberies perpetrated against any type of profit oriented operation are
classified as commercial robberies.

RAPE AND SEX CRIMES INVESTIGATION

Republic Act No. 8353,- entitled “The Anti-Rape Law of 1997”

OFFENDER PERSONALITY TYPES

1) Power-Reassurance Rapist

The power-reassurance rapist psychologically doubts his masculinity and

seeks to dispel this doubt by exercising power and control over women. Commonly
encountered in stranger-to-stranger rapes. This type of suspect frequently plans
his attacks through surveillance of the victim. Using a minimal amount of force, the
power-reassurance rapist generally continues to rape in an ongoing cycle until
apprehended. Power-reassurance rapists may show remorse, following an attack,
and seek to apologize or exhibit guilt in some other fashion. Such remorse is only
temporary of altogether false, as the suspect will. Typically, continue to seek
dominance through additional attacks

2) Power-Assertive Rapist

The power-assertive rapist asserts their masculinity and dominance over

victims. In contrast to the power-reassurance rapist, this type of rapist does not
doubt his masculinity, but uses rape as a form of symbolic power over women. The
power-assertive rapist is often skilled at social deception and may befriend or know
the victim prior to the attack. When the suspect perceives a safe time and place
for the attack, he will exhibit his true personality and aggression to overpower the
victim. A significant number of acquaintance rapes, commonly referred to as “date
rapes.” Are attributed to this variety of offender Generally the power assertive
rapist uses more severe force than that exhibited by the power-reassurance rapist.

3) Anger Retaliatory Rapist

This third type of rapist uses extreme anger to retaliate psychologically, for
real or imagined past wrongs associated with women. The anger-retaliatory
rapist’s modus operandi is characterized by a highly violent attack and his
motivation to punish or degrade the victim. Generally. Such suspects do not plan
their attacks. Rather, they impulsively select, and attack victims based on
similarities in appearance to a past female figure. Victims are typically strangers
who are overcome by a sudden, overpowering physical assault which causes
serious physical injury, requiring hospitalization
4) Sadistic Rapist

Whereas extreme anger characterizes the retaliatory rapist, the sadistic

rapist displays the greatest amount of hostility towards his victim. Sadistic rapists
purposely inflict pain beyond that necessary to subdue the victims.

5) Opportunistic Rapist

The final type of rapist, the opportunistic rapist, is generally one who, in
association with the commission of an initial offense, commits rape as a secondary
offense.

DEFINITION OF CARNAPPING
Car napping is defined as the taking, with intent to gain, of a motor vehicle
belonging to another, without the latter’s consent, or by means of violence against or
persons or by using force upon things imitation of violence or intimidation of persons or
by using force upon things.

The Vehicle Identification Number (VIN) is unique to a motor vehicle as a

fingerprint is to a human being.

DISGUISING A CARNAPPED MOTOR VEHICLE

1. The Salvage Switch Method

The “salvage switch” involves the carnappers purchasing a wrecked motor

vehicle that is un repairable, strictly for its Certificate of Registration, Official
Receipt and for the motor vehicle’s VIN.

2. The Modified VIN Technique

Another method of disguising a car napped motor vehicle is to replace the

original VIN with a phony one. This can be done in several ways. One way is to
use a simple label maker which can easily be purchased at any hardware store.
The VIN is then stamped on a label. Next, it is spray painted with flat black paint
and placed over the original VIN.

3. The Bogus VIN

Still another method is to construct a completely bogus VIN that closely

resembles the original. Many criminals will attempt to steal blank VIN tags. Stamp
them with numbers and then place them on the motor vehicles. This is where the
check digit. The ninth digit of the VIN. Is beneficial in determining the authenticity
of the tag.

Kidnap-for-ransom is a criminal act more particularly described as the unlawful

taking and carrying way of a person by force or fraud and against his will or in any manner,
depriving him or her of his or her liberty for the purpose of extorting ransom as payments
for his release. Kidnap-for-ransom is a common term used to describe a specific criminal
act punishable under Article 267 of the Revised Penal Code, entitled “Kidnapping and
Serious Illegal Detention”.

RA No 9516- THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,

ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS
USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF,

Republic Act No. S042 (June 7, 1995. “Migrant Workers and Overseas
Filipinos Act”) – an act to institute the policies of overseas employment and
establish a higher standard of protection and pro motion of the welfare of migrant
workers, their families and overseas Filipinos in distress, and for other purposes.
2. Republic Act No. 2846 - the first law enacted by the Philippine Legislature,
regulating recruitment of Filipinos abroad. It provides among others:
a) Every recruiter must pay an annual tax of Php 550.00 to each province where
laborers are recruited
b) Payment of an annual license fee of Php 60,000.00 to the insular Treasury

c) Prohibition on the recruitment, for exhibition purposes of members of non-

Christian tribes.

d) Guaranteed transportation for the return of workers who have finished their
contract and for those who failed due to work-related physical incapacity.
e) Total prohibition on the recruitment of minors below 15 years of age and for
minors above 15 but below 18 years of age without the written consent of their
parents or guardian.
3. Presidential Decree No. 1920 (“Strengthening the Campaign against Illegal
Recruitment”)
4. Executive Order No. 1022 (Strengthening the Administrative and Operational
Capabilities of the Overseas Employment Program)
5. Presidential Decree No. 442 (“Labor Code of the Philippines”) – a social
legislation intended to promote public welfare which covers labor relations, welfare
and labor standards.
6. Rules and Regulations Governing Overseas Employment (Books II. Rule X)
7. Labor Relations Laws intended to stabilize the relationship between employees
and their employers, adjust differences between them through collective
bargaining, and settle disputes through conciliation, mediation and arbitration.
8. Labor Standard Laws provides for the compensation of and other legal benefits
to which the worker, while at work is entitled.
9. Presidential Decree No. 2018 (“Making Illegal Recruitment a Crime of Economic
Sabotage) – it redefined illegal recruitment by amending Articles 38 and 29 of the
Labor Code by declaring it a crime involving economic sabotage when it is
committed by a syndicate or is committed in a large scale it also provides stiffer
penalties by making illegal recruitment punishable by life imprisonment. If it
involved economic sabotage.
10.Executive Order No. 247 – reorganized the Philip pine Overseas Employment
Agency (POEA) with expanded functions to regulate private sector participation in
recruitment and overseas placement, maintain registry of skills and secure best
terms of employment for Filipino contract workers.
11.Executive Order No. 325 – created the Presidential Anti-Illegal Recruitment Task
Force (PAIRTF).

DEFINITION OF ILLEGAL RECRUITER

Illegal recruiters are persons without license or who are not registered employees
of licensed agencies.

DEFINITION OF ILLEGAL RECRUITMENT

Illegal recruitment shall mean any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring and procuring workers, and includes referring contract
services and promising or advertising for employment abroad, whether for profit or not.
When undertaken by a non-license or non- holder of authority contemplated under Article
13 (1) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code
of the Philippines. Provided, that such non license or non-holder, who, in any manner,
offers or promises, for a fee, employment abroad to two or more persons shall be deemed
so engaged.

OTHER FORMS OF ILLEGAL RECRUITMENT

a. Escort services – tourist/workers “escorted” at the country’s airport and seaports.
b. By correspondence – applicants are encouraged, by the recruiter to comply with
employment requirements and placement through mail.
c. Blind ads – fraudulent and misleading advertisements promising facility of
employment.
d. Au pair – an intercultural program wherein a host family sponsors a person to
study language and culture for a monthly allowance in exchange for a home to
stay.
e. Backdoor exit – going out of the country through some airports and seaports in
the southern part of the Philippines

f. Camouflaged participation in foreign seminars and sports events - workers

leave as participants in seminars or sports events but eventually find jobs in the
host country.
g. Trainees scheme – Hotel and Restaurant Management (HRM) students leaving
in the guise of a traineeship program, for hotels abroad but eventually landing jobs
in the training establishment.

Terrorism
- can be defined as the use of force or the fear of force to achieve a political end.
Another definition offered is that it is the unlawful use of the threat of violence against
persons or property to further political or social objectives. It is generally intended to
intimidate or coerce a government individuals or groups to modify their behavior or
policies.
Republic Act No. 4200 (Anti-Wire Tapping Law),

Republic Act No. 9372, which

is entitled as “An Act to Secure the State and Protect the People from Terrorism.

COMMON TACTICS OF THE TERRORISTS

The most common tactics of the terrorists are as follows.
1. Bombing

The bomb the tactic common to most terror groups, is a popular weapon as
it is cheap to produce, easy to make has variable uses and is difficult to detect and
trace after the event.
2. Hoaxes

Whatever the type IED, the terrorist will often use it merely to establish
credibility and to show that they mean business. Once their credibility has been
established, they continue to disrupt, though not to destroy, by using well-made
and placed hoax bombs. The right proportions of hoaxes, with live IED, can keep
security forces tied up guessing for a long time.

3. Arson
-Although not a popular tactic among terrorists, arson has been used to
destroy and disrupt such targets as public utilities, political headquarters and more
commonly, economic industrial targets such as shops, factories and hotels.
4. Hijacking
-In any kind of continuing terrorist activity, the hijacking of vehicles can and
should be associated with, and often gives indications of some future atrocities.
Additionally, hijacked “legitimate” vehicles give the terrorist an easy means to
approach or gain access to a closed government facility.
5. Ambush
-It is a fact that the terrorist can choose his own time and place of operation
and, if his intended victim continually uses the same route, the terrorist can conduct
countless dry rehearsals before actually moving in for the kill.
6. Kidnapping
-Kidnap-for-ransom accounts for about 8% of the terrorist incidents and must
still be viewed as a serious option open to terrorist groups.
7. Hostage Taking
-In the world of terrorism, there is an extremely fine difference between
kidnapping and hostage taking. However, the kidnapper would normally be
regarded as someone who confines his victim in secret hideaway and makes
material demands, whereas the hostage taker will confront authorities and openly
holds his victim for ransom or some other reasons.
8. Assassination -oldest of all terrorist tactics
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
TECHNICAL ENGLISH 1 (Investigative Report Writing and Presentation)

PURPOSES OF REPORT WRITING

✓ To account upward and outward for their activities and to justify
their programs.
✓ To report upward and outward information concerning progress,
future needs and plans, and decisions being made.
✓ To report upward for purposes of administrative control.
✓ To inform downward (in the organization) concerning policies,
programs, resources, procedures, and all other matters concerning
work in the police organization.

A police report - is chronological or step-by-step account of an incident that

transpired in a given time, at a given place. It is also defined as an
account of investigation, or an official statement of facts.

CLASSIFICATIONS OF POLICE REPORTS

1. Informal Reports

It is usually a letter or memorandum, or any of one of the

many prescribed in day-to-day police operations.
2. Formal Reports

A formal report suggests the full-dress treatment, including

cover, title page, letter of transmittal, summary sheet, text,
appendices, and perhaps an index and bibliography.

TYPES OF POLICE REPORTS

1. Spot Reports

A spot report is that one than after an important incident

takes place in a certain area at a given time. Verbal or written,
it must be done or acted upon within twenty-four-hours. The idea
is to inform an immediate chief, considering the fact that whatever
happens in the area is his command responsibility or those in
higher positions must be informed regarding the details of a
particular occurrence.

2. Special Reports

Special reports are done either because one feels he has some
reporting to do, or a lower police unit or office is obligated
based on the directive or an instruction from the higher police
offices.

3. Progress Report

A progress report has a follow-up effect.

A progress report can simply be an accomplishment report which
may be analytical in nature and maybe comparatively longer. This
may be in memorandum form or in radiographic message form, having
these important highlights: 1) why the reports are being made; 2)
purpose and the scope of the report; and 3) sources of information.
4. Investigations Report

This form is similar to the memorandum form except that the

text or body should include the following parts: AUTHORITY, MATTERS
INVESTIGATED, FACTS OF THE CASE, DISCUSSION, CONCLUSIONS, and
RECCOMENDATIONS. If a part is not important because it is included
in another part, it may be excluded. Parts are capitalized, and
followed by a colon. All the paragraphs composing the text of the
report are numbered consecutively in Arabic numerals.
5. Beat Inspection Report or After-Patrol Reports

The beat inspection is one of the most common forms of written

communications. It is submitted daily by the duty beat supervisor.
This differs from after-patrol report in terms of movement.
Those on beat inspection do their routine check on foot; and those
on patrol, check their assigned sectors by using patrol cars.
6. Situation Reports

The situation report is similar to the patrol report. Both

are submitted every eight hours. However, while the patrol report

is done on a regular basis daily, the SITREP is done on a need-

only basis.

7. Formal Report
Essentially, a formal report is a presentation of facts or
ideas.
All in all, a complete formal report must consist of the
following parts: cover, title page, letter of transmittal, table
of contents, introduction or preface, summary, body of the report,
conclusions, recommendations, and supplemental materials like
1. Message

A message is any idea expressed in plain language prepared in a form suitable for transmittal by any means of
communication.

There are three types of messages:

1) Single -A message which has only one addressee.
2) Book - A message which has two or more addressee, and is of such
nature that the originator considers that no addressee needs
to be informed of the identity of other addressee.
3) Multiple - A message which has two or more addressee, and is of
such nature that the originator considers that each addressee

2. Originator

- The originator of a message is the authority of the message

sent, or is the police office or unit in whose name a message is
sent or is the police office or unit under the direct control of
the authority approving a message for transmission.
3. Drafter - A drafter is the person who actually composes a message.
4. Releasing Officer - A releasing officer is the person who may authorize the
transmission of a message.
5. Text - The text is the part of a message which contains the idea that the
originator desires to communicate. It may also contain internal
instructions that are necessary to obtain special handling.

The “MEMORANDUM FOR:” is used if sent to a superior officer;

The “MEMORANDUM TO:” is used if sent to subordinate officers.

The memorandum is typed on legal or custom-sized bond paper. Only

one side of the sheet is used. Ordinarily, three copies are prepared.
One copy accompanies the original, the other copy is kept for filing.

PARTS OF MEMORANDUM
1. Heading
- All the materials above the first line of the body comprise the heading. These are office origin, address,
file reference, identifying initials, date, subject, channels through which the letter will pass, and
addressee to whom the letter is being written.
2) File Reference
-It is called the office symbol. A file reference is placed on the first margin, usually two spaces below
the letter head. It varies according to the individual item of correspondence. Each part of the reference is
also used as identifying information on the second and subsequent pages.
3) Identifying Initials
-Some offices place the surname or the initials of the originator and typist of the letter.

4) Addressee

- The addressee preceded by “MEMORANDUM FOR” o “MEMORANDUM TO” is written in

- block style, with openpunctuation, and is normally placed before the file reference.

5) In Turn Addressee

-When letters are routed to several addressees, the entire address of each office is placed on a single line as
much as possible.

6) Attention Line

-For faster routing, correspondence maybe addressed to the individual or the head of a subdivision
or by the use of an office symbol.

7) Sender or Originator

-The sender or originator preceded by the word “FROM” is written in block style, with open punctuation,
and normally placed below the addressee.
8) Subject
-The subject line should contain no more than 10 words. It starts two spaces below the sender and two
spaces to the right of the colon.

Complimentary Ending
-This refers to the material found below the last paragraph of
the body. It consists of the authority line if used, signature,
list of enclosures and copies being furnished.

Enclosures
-Enclosures are supplementary documents which are sent
with the communication to provide additional information.

flash Report.
- A brief dispatch giving preliminaryinformation on an incident or event and informing a higheroffice
or another unit of the occurrence of a significantincident within the AOR of the reporting unit, or
renderedby a unit that has no jurisdiction over the incident but wasthe first one who came to
 know of the incident.

Heinous crimes
- involving prominent people, the arrest or neutralization of wanted personalities, the rescue
of kidnapping or abduction victims, or the recovery of sizable amounts of
contraband materials.

The investigation report - is completewhen it answers the six interrogatives of police report writing – the 5W’s
and 1H. it also provides in brief, the sworn statements executed by the individuals having an interest in the
case being investigated. Copies of these statements become integral parts of the report, and are
listed in the annexes.

TECHNICAL ENGLISH 1 (Investigative Report Writing and Presentation) Reviewer

1. This letter depends on how well the sympathizer the bereaved

a . Appointment letter
b. Condolence letter
c. Application letter Ans . b. Condolence letter
2. It is the last portion and this is pertains to channel of communication needed when
implementing the operational plan
a. Administrative and logistics
b. Command and signal
c.Execution
3. It is a subj of the operational Plan
a. Execution
b. Situation
c..Title Ans .c.. Title
4. The investigator should take the fact as he finds them and if ever he has theories ,
it must be consistent with these fact
a. Brevity
b. Fairnes
c .Accuracy
9. A _____ is usually followed by the comma, and comes immediately after the last line of the message
a. Subject line
b. Complimentary clause
c. Company signature Ans .Complimentary clause
10. This contains the practical suggestions for appropriate action to be taken to suitably dispose of the case
a. Recommedation
b. Administrative logistics
c. Command and Signal Ans .Recommedation
11. A _____ can simply Be an accomplishment report which may be analytical in nature and maybe
12. comparatively longer
a. Follow up report
 b. Progress report
c. Formal report Ans . Progress report
12 It involves identifying a specific crime problem through various data source
a. Scanning
b. Analysis
c. Response Ans .Analysis
13 .This section should indicate the presumption and inference from all the circumstances of the
14 case to give the directing officer the clearest possible picture
a. Discussion
b. Situation
c. Conclusion Ans .Discussion
15 . The report is the statement of fact on which designed authorities may have a criminal corrective
and disciplinary action
a. Prosecution action
b. Record
c. Completeness
16 . Which of the following is considered to be employer of the member of the PNP
a. Local government
b. National Government
c. DILG Ans .DILG
17 its a report by the team leader of the SOCO that conducted the scene of the crime operation proceeding or
investigation
a. After operation report
b. After SOCO report
c. Agents report Ans .After operation report
18 .the article “kidnapping and serious illegal detention of the PRC
a. Article 267
b. Article 297
c. Article 247 Ans . Article 267
18. the report provides permanent official record of relevant information obtained in the source of the
investigation
a. Prompt
b. record
c. Completeness Ans .. record
19. it is supplementary document which are sent the communication to provide additional information
a. Record
b. Enclosures
c. Endorsement Ans .Enclosures
20. the ____ portion list the logical requirements such as the supplies and material needed to implement
the project
a. Administrative logistics
b. Command and signal
c. Execution Ans .Administrative logistics
21. Essentially , a ___ is a Presentation of facts or ideas
a. Investigation report
b. Beat inspection report
c. formal report Ans .formal report
 22. The Police Officer must write to ____not to impress
a. Clarity
b. Deliver
c. inform Ans. Inform
23. irrelevant or unnecessary material should be omitted
a. brevity
b. Fairness
c. Accuracy .Ans a. brevity
24 . it is similar to the memorandum form except that the text or body include the following part .
Authority matters investigated, facts of the case , discussion , conclusion and recommendation
a. Formal reports
b. Investigation report
c. C. spot report Ans .Investigation report
25. It is also called asking letter
a. invitation
b. request letter
c. information letter Ans , request letter
26. This notation refers to anything sent with the basic communication
a. reference initials
b. copy furnished
c. enclosure notation

27. the consequence must be in accordance with the law and its is the result of judgment
a. legal
b. personal
c. communserate
d. . Ans . legal
28. A juridical condition of a penalty which means the guilty one must be the one to punish
a. legal
b. personal
c. communserate
d. . Uncertain Ans c. communserate
29. _____ word are essential to good police writing
a. Direct to the point
b. Police report
c. Investigative
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
FIRE PROTECTION AND ARSON REVIEWER

FIRE is the heat and light that comes from burning substances produced by the
combustion of substances.

IMPORTANT PERSONALITIES AND THEIR INVENTIONS:

1. JOHN WALKER- He was the English Pharmacist who invented the first
match in 1827. The tip of this match was coated a mixture of antimony sulfide
and potassium chlorate that was held on the wooden matchstick by gum Arabic and Starch.
2. ANTOINE LAVOISIER- a French Chemist who proved in 1777 that burning is the result of the rapid
union of oxygen with other substances. As substances burn, heat
and light are produced.
3. THOMAS ALVA EDISON- an American inventor who was able to send an elective current through
a carbon filament (wire) until the filament became so hot that it gave off light.

ELEMENTS OF FIRE OR TRIANGLE OF FIRE

FUEL
- anything that will burn when heated with sufficient oxygen
OXYGEN
- aids in combustion; comes from the atmosphere we breathe; the
atmosphere contains: 21% oxygen, 78% nitrogen and 1% impurities
HEAT- source of ignition

TETRAHEDRON OF FIRE
- a geometric representation of what is required for fire to exist,

FIRE TETRAHEDRON
- Fuel
- Heat
- Chain reaction
- Oxygen

FUELS (Combustible Materials) - is the material or substance being oxidized or burned in the
combustion process. In scientific terms, the fuel in a combustion reaction is known
as the “ reducing agent”.
FLASH POINT
- The lowest temperature at which a substance gives off vapour that burns momentarily
(when a flame or spark is applied
OXYGEN (Oxidizing Agent) - a colorless, odorless gas and one of the compositions of air which
is approximately 21% percent by volume.

HEAT
- the energy component of the fire tetrahedron
- when heat comes into contact with a fuel, the energy supports the combustion reaction

Auto-ignition point or SELF-IGNITION POINT- is the lowest temperature at

which a substance can be heated to release vapors that will ignite without
the application of a flame or spark. It refers to the temperature at which
spontaneous combustion take place. Auto-ignition point is usually much
higher (in temperature) than the fire point

Heat- is a form of energy that may be described as a condition of matter in motion caused by the
movement of molecules.
- All matter contains some heat regardless of how low the temperature is because molecules
are constantly moving all the time

CHEMICAL ENERGY
- The most common source of heat in combustion reactions.
- When any combustible is in contact with oxygen, oxidation occurs. The reaction of this process results in the
production of heat. Ex: Heat generated from burning match, self-heating (spontaneous heating)
ELECTRICAL ENERGY
- can generate temperature high enough to ignite any combustible material near the heated area
NUCLEAR ENERGY
- generated when atoms either split apart (fission) or combine (fusion)
MECHANICAL ENERGY
- an energy created by friction and compression
FIRE DEVELOPMENT
- When the four components of the fire tetrahedron come together, ignitionoccurs. For a fire to grow
beyond the first material ignited, heat must betransmitted beyond the first material to additional
fuel packages.
Stages of Fire
IGNITION/INCIPIENT
- It describes the period when the four elements of the fire tetrahedron come together and combustion begins.
GROWTH
- Shortly after ignition, a fire plume begins to form above the burning fuel. As the plume develops,
it begins to draw or entrain air from the surrounding space into the column.
FLASHOVER The transition between the growth and the fully developed fire stages and is not a specific
event such as ignition.
FULLY-DEVELOPED
- It occurs when all combustible materials in the compartment are involved in the fire.
DECAY
- As the fire consumes the available fuel in the compartment, the rate of heat released begins to decline.

THREE (3) STAGES OF FIRE

1. INCIPIENT STAGE
- It is initial stage of fire. Characteristics
- normal room temperature
- oxygen plentiful - thermal updraft rise accumulates at higher point - temperature at 1000 F
- Producing C02, CO, SO2, water and other gases

2. FREE BURNING PHASE

- It is a phase of burning in which materials or structures are burning in the presence of adequate oxygen.
Characteristics
- fire has involved more fuel - oxygen supply has depleted
- heat accumulates at upper area
- temperature exceeds 1,330 F
- area is fully involved
3. SMOLDERING PHASE
- final phase of burning wherein flame ceases but dense smoke and heat completely fill the confined room

MODES OF HEAT
CONDUCTION
- Heat transfer within solids or between contacting solids.
CONVECTION
- Heat transfer by the movement of liquids or gasses.
RADIATION
- Heat transfer by electromagnetic waves.

PROPERTIES OF FIRE
1. PHYSICAL PROPERTIES
a. Specific gravity
- The ratio of the weight of a solid or substance to the weight of an equal volume of water.
b. Vapor density
- The weight of volume of pure gas compared to weight of a volume of dry air at the same temperature
and pressure
c. Vapor pressure
- The force exerted by the molecules on the surface of the liquid at the equilibrium
d. Temperature
- The measure of the thermal degree of the agitation of molecules of
a given substance; the measure of the molecular activity within the substance.
e. Boiling Point - The constant temperature at which the vapor pressure of the liquid is equal to the
atmospheric pressure.
f. Ignition temperature
- The minimum temperature to which the substance in the air must be heated in order to initiate or cause
self-contained combustion without addition of heat from outside sources.
g. Fire point - The temperature at which the material will give off ample vapors to keep burning.
h. Flash point - The temperature at which the material is not hot enough to keep
burning, but still gives off enough vapors to cause a flame across the surface.
2. CHEMICAL PROPERTIES
a. Endothermic reaction
- These are changes whereby energy is absorbed or is added before the reaction takes place.
b. Exothermic reaction
-A reactions or changes that releases or give off energy.
c. Oxidation
- A chemical change in which combustible material and an oxidizing material react
d. Combustion or flame
- The manifestation of fire is in its gas-phased combustion; matter that is produced by fire.

FLAME it is the matter produced by fire. It is composed of burning incandescent

gases. It is the manifestation of fire when the fire in its gas-phased combustion.
FLAME CONTACT
- heat may be conducted from one body to another by direct flame contact
Types of Flames:
According to color and completeness of combustion:
LUMINOUS FLAME- REDDISH-ORANGE in color; it deposits soot because it is a product of incomplete
combustion; it has lower temperature.
NON-LUMINOUS FLAME- BLUISH in color; it does not deposit soot because it
is a product of complete combustion; it has a higher temperature than luminous flame.

NATURE OF FIRE
Pyrolysis
- It refers to the chemical process whereby fire consumes the most solidpart of the fuel.
It is the chemical decomposition of a solid fuel through the action of heat.
Dangerous/ fatal behavior of fire:
Backdraft
- If room is not properly ventilated, highly flammable vapors maybe accumulated such that when a door
or a window is suddenly opened, the room violently sucks the oxygen and simultaneously, a sudden combustion may
occur which may happen as an explosion (combustion explosion).
FLASHOVER
-It is the sudden burning of accumulated free radicals, which is initiated by a spark/flash produced
when temperature rises until flash point is reached.
- When accumulated volume of radical gases suddenly burn, there will be a very intense fire that is
capable of causing flames to jump at a certain distance in the form of FIREBALLS.
BITEBACK is a fatal condition that takes place when the fire resists the extinguishment operation and becomes
stronger and bigger instead.
CLASSIFICATIONS OF FIRE
I. BASED ON CAUSE
A. NATURAL FIRE
- It involves fires without direct human intervention.
B. ACCIDENTAL FIRE
- Carelessly discarded cigarettes
C. INCENDIARY FIRE
- It is one deliberately set under circumstances in which the person knows that the fire should not be set.
D. UNDETERMINED FIRE CAUSE
- Whenever the cause cannot be proven, the proper classification is undetermined.
II. BASED ON BURNING FUEL
CLASS A
- An ordinary solid materials such as wood, paper, fabrics, etc. - this will be indicated by deep cited fire,
leaves ashes and embers (glowing
coals) after burning
CLASS B
- A flammable liquids such as gasoline, lube oil, kerosene, paint thinner, etc.

CLASS C
- An electrical appliances; causes electric shock.
CLASS D
- metal fire such as magnesium (white element burning with dazzling light), sodium
(a silver white metallic element), etc.; creates violent reaction
CLASS E
-flammable gases such as LPG, LNG, etc.; also creates violent reaction

A FIRE EXTINGUISHER, flame extinguisher, or simply an extinguisher, is an active fire protection

device used to extinguish or control small fires, often in emergency situations.
1. Class A – water (all agents)
2. Class B – foam/carbon dioxide (all agents)
3. Class C – carbon dioxide/powder (never use water, soda acid and foam)
4. Class D – special powder
5. Class E – all agents
Water and Foam
- Water and Foam fire extinguishers extinguish the fire by taking away the heat element of the fire triangle.
Carbon Dioxide
-Carbon Dioxide fire extinguishers extinguish fire -by taking away the oxygen element of the fireTriangle

Dry Chemical fire extinguishers -extinguish the fire primarily by interrupting the chemical reaction of the
fire triangle.
Dry Powder extinguishers -are similar to dry chemical except that they extinguish the fire by separating
the fuel from the oxygen element or by removing the heat element of the fire triangle.
Wet Chemical Wet Chemical is a new agent that extinguishes the fire by removing the heat of the
fire triangle and prevents re-ignition by creating a barrier between the oxygen and fuel elements.
Clean Agent
- Halogenated or CleanAgent extinguishers include the halonagents as well as the newer and
lessozone depleting halocarbon agents. They extinguish the fire by interruptingthe chemicalreaction
and/or removing heat fromthe fire triangle.
Water Mist
- Water Mist extinguishers are a recent development that extinguish the fire by taking away the
heat element of the fire triangle. They are an alternative to the clean agent extinguishers where
contamination is a concern.
METHODS OF EXTINGUISHMENT
1. COOLING – heat absorption.
2. SEPARATION – the removal of the fuel.
3. SMOTHERING – by expelling oxygen
4. Inhibition or the interruption of chemical chain reaction

ADDITIONAL BASIC TACTICS USED IN EXTINGUISHING FIRE

1. RESCUE - any action taken by the firefighters to remove occupants/ persons from building/ hazards
to a safety place
2. OVERHAUL - a complete and detailed checked of the structures and materials involved in the fire to
make sure that every spark and ember has been extinguished and to have assurance against re-ignition
3. SALVAGE - an action taken by the firefighters in preventing excessive damage by fire, water with
the use of salvage cover or by removing materials out from the burning building

ARSON
- It is the willful and malicious burning of all kinds of buildings and structuresincluding personal properties.
LAWS ON ARSON
1. Article 320 – 326 of the Revised Penal Code - defines arson, its forms and penalties
2. PD 1613 – the law amending the law on arson - defining the prima facie evidence of arson
3. RA 7659 - An Act to Impose Death Penalty on Certain Heinous Crimes,amending for that purpose the
Revised Penal Code as amended, other special laws, and for other purposes
4. RA 6975 Sec. 54 - provides that the Fire Bureau shall have the power to investigate all causes of fires and if
necessary file the proper complaint with the City/Provincial Prosecutor who has jurisdiction over the case

What is Attempted Arson?

- In attempted arson, it is not necessary that there be a fire before the crimeis committed. No hard and
fast rule is laid down by the law as to therequirements for attempted arson. The peculiar facts and
circumstances ofa particular case should carry more weight in the decision of the case. Thus,
a person intending to burn a wooden structure, collects some rags, soaks them in gasoline and
places them beside the wooden wall of the building. When he is about to light a match to set
fire to the rags, he is discovered by another who chases him away.

What is Frustrated Arson?

-In frustrated arson, the fact of having set fire to some rags and jute sacks soaked in kerosene oil and placed
near the partition of the entire soil of an inhabited house, should not be qualified as a consummated arson,
in as much as no part of the house had begun to burn, although fire would have started in the said partition
had it not been extinguished on time. Thecrime committed was frustrated arson.

What is Consummated Arson?

- The offender did in fact set fire to the roof of the house and said housewas partially burned.
The crime was consummated arson, notwithstandingthe fact that the fire afterwards extinguished for once it has been
started,the consummation of the crime of arson does not depend upon the exten tof the damage caused.

RA 6975 - created the BFP. Bureau of Fire Protection (BFP) - administers and
enforces the fire code of the Philippines.
Republic Act No. 9514
- known as the "Revised Fire Code of the Philippines of 2008".

Abatement - Any act that would remove or neutralize a fire hazard. Administrator - Any person who acts as agent of the
owner and manages the use of a building for him.
Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.
Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the
reaction of nitric acid with a cellulose material.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose
nitrate (nitro cellulose) as base.
Combustible, Flammable or Inflammable - Descriptive of materials that are easilyset on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper,
kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce.
Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).
Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals.
Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending
below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments
so that heat and smoke will be directed upwards to a roof vent.
Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements
produces a rapid drop in temperature of the
immediate surroundings.
Damper - A normally open device installed inside an air duct system which automatically closes to
restrict the passage of smoke or fire.
Distillation - The process of first raising the temperature in separate the more volatile from the less
volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance.
Duct System - A continuous passageway for the transmission of air.
Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited
will cause an explosion.
Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a
space between two conductors or terminals due to the incandescence of the conducting vapor.
Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the
manifestation of flames.
Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits
or fire escapes.
Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the
building or firefighting elements of the presence or danger of fire to enable them to undertake immediate
action to save life and property and to suppress the fire.
Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.
Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the
occurrence of fire, or which may obstruct, delay, hinder or interfere with firefighting operations and
the safeguarding of life and property.
Fire Lane - The portion of a roadway or public way that should be kept opened and unobstructed
at all times for the expedient operation of firefighting units.
Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons
to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing
system, detectors for heat, smoke and combustion products and other warning system components, personal
protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be
put on or worn by persons to protect themselves during fire.
Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents,
means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger
to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed
to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke
or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts
of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to
include the treatment of buildings components or contents with flame retardant chemicals.
Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or
produces materials which are likely to cause fires or explosions.
Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of
removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated.
Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system.
Occupancy - The purpose for which a building or portion thereof is used or intended to be used.
Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease
contract with the owner or administrator or by permission or sufferance of the latter.
Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure
prior to discharge into the combustion chamber and/or which includes fans or other provisions for the
introduction of air at above normal atmosphere pressure into the same combustion chamber.
Public Assembly Building - Any building or structure where fifty (50) or morepeople congregate, gather,
or assemble for any purpose.
Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded,
dedicated or otherwise permanently appropriated for public use.
Refining - A process where impurities and/or deleterious materials are removed from a mixture in order
to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the
spread of fire.
Sprinkler System - An integrated network of hydraulically designed piping installed in a building,
structure or area with outlets arranged in a systematicpattern which automatically discharges water
when activated by heat or combustion products from a fire
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CRIMINAL EVIDENCE REVIEWER

Evidence- is statutorily defined as the means sanctioned by the Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact. (Rules of Court, Rule 128, sec. 1)

Under Rule 1, Sec. 4 of the 1997 Rules of Civil Procedure, the Rules of
Court (including the Rules on Evidence) shall not apply to:
1. Election cases;
2. Land registration;
3. Cadastral;
4. Naturalization;
5. Insolvency; and
6. Other cases not herein provided for, except by analogy or in a suppletory
character and whenever practicable and convenient.

Factum probandum - is the proposition sought to be established. Factum

probans is the material by which the proposition is established.
Factum probandum- is merely hypothetical, whereas factum proban is real
and existent.

Admissibility of Evidence
- Evidence is admissible when it is relevant to the issue and is not excluded by the law or the rules.
(Rule 128, Sec. 3)
- Admissibility of evidence is an affair of logic and law, determined as it isby its relevance and
competence. The weight to be given to such evidence once admitted, still depends on judicial evaluation.

Admissibility of evidence- refers to the question of whether or not the evidence is to be considered at all.
While the probative value of evidence refers to the question of whether or nor it proves an issue.
Admissibility should not be equated with weight. Admissibility of evidence pertains to the ability of evidence
to be allowed and accepted subject to its relevancy and competency, whereas weight of evidence pertains to
the effect of evidence admitted.

What need not be proved

Judicial Notice Defined
- Judicial notice means “the cognizance which courts may take, without
proof of facts, which they are bound or are supposed to know by virtue of their office.

Kinds of judicial notice

1) Mandatory judicial notice, where hearing is necessary, and
2) Discretionary judicial notice, where hearing may be necessary.
Judicial Notice, When Mandatory
- A court shall take judicial notice, without the introduction of evidence, ofthe existence and territorial
extent of states, their political history, forms ofgovernment and symbols of nationality, the law of
nations, the admiralty andmaritime courts of the world and their seals, the political constitution
and historyof the Philippines, the official acts of legislative, executive and judicialdepartments of the
Philippines, the laws of nature, the measure of time, and thegeographical divisions. (Rule 129, Sec. 1)

Judicial Notice, When Discretionary

- A court may take judicial notice of matters which are of public knowledge,
or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial
functions. (Rule 129, Sec. 2)

Judicial Notice, When Hearing Necessary

- During the trial, the court, on its own initiative, or on request of a party,may announce its intention
to take judicial notice of any matter and allow theparties to be heard thereon. (Rule 129, Sec. 3)

Object Evidence (Real Evidence) Defined

- Object evidence (Real evidence) is that which isaddressed directly to the sense of the court withoutthe
interaction of a witness such as the firearm used inthe commission of a crime of murder.

Documentary Evidence Defined

- Documentary evidence refers to writings or any material offered as proof of theircontents.

THE BEST EVIDENCE RULE

- The rule is also called “Original Writing Rule or Original Document Rule”
or Primary Evidence Rule” or First-Hand Evidence Rule.”

SECONDARY EVIDENCE
- When the original document has been lost or destroyed, or cannot beproduced in court, the offeror,
upon proof of its execution or existence and thecause of its unavailability without bad faith on his part,
may prove its contentsby a copy, or by a recital of its contents in some authentic document, or by
thetestimony of witnesses in the order stated. (Rule 130, Sec. 5)

PAROLE EVIDENCE DEFINED

- Parole evidence is any evidence aliunde, whether oral or written, which isintended or tends to
vary or contradict a complete and enforceable agreementembodied in a document.
- The Parole Evidence Rule When the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed upon and there can be, between
the parties and their successors in interest, no evidence of such terms other than the contents of the written
agreement. (Rule 130, Sec. 9)

Testimonial Evidence
 - Testimonial evidence consists of the statement or declaration of a witness offered
to the court. It may be oral / live or by judicial affidavit.

Admissions and Confessions

An admission - is any statement of fact made by a party against his interest
or unfavorable to the conclusion for which he contends or is inconsistent with
the facts alleged by him. An admission verbal or written, made by a party in the
course of the proceedings in the same case, does not require proof.

A confession- is a categorical acknowledgement of guilt made by an

accused in a criminal case, without any exculpatory statement or explanation.
Thus, if the accused admits having committed the act in question but alleges a
justification therefor, the same is hereby an admission.

Hearsay Evidence
- Hearsay evidence (also called “secondhand evidence “) is excluded because the party against whom
it is presented is deprived of his right and opportunity to cross-examine theperson to whom the
statements or writings are attributed.

Opinion Rule
- As a general rule the opinion of witness is not admissible, except as
indicated in the following sections. (Rule 130, Sec. 48). Exceptions –
1. Opinion of expert witness. — The opinion of a witness on a matter requiring special knowledge,
skill, experience or training which he shown to possess, may be received in evidence.
(Rule 130, Sec. 49)
2. Opinion of ordinary witnesses. — The opinion of a witness for which proper basis is given,
may be received in evidence regarding —
a) the identity of a person about whom he has adequate knowledge;
b) A handwriting with which he has sufficient familiarity; and
c) The mental sanity of a person with whom he is sufficiently
acquainted. (Rule 130, Sec. 50)

Burden of Proof Defined

- Burden of proof (also called “burden of persuasion” or “onus probandi” isthe duty of a party to present
evidence on the facts in issue necessary toestablish his claim or defense by the amount of evidence
required by law. (Rule131, Sec. 1)
- The Latin maxim is “Eiincumbit probation qui dicit, no qui negat.” (Hewho asserts, not he who denies,
must prove.)

Burden of Evidence defined

- Burden of evidence (also called as “onus evidentiae”) is the burden of
going forward with the evidence.
Burden of Proof and Burden of Evidence distinguished
- Burden of proof never shifts and it remains with the party upon whom it is
imposed; while burden of evidence shifts from party to party, depending upon
the exigencies of the case in the course of the trial. (See Bautista v. Sarmiento,
138 SCRA 587)

Presumption defined
- Presumption is “a rule of law stating that because a basic fact exists,another fact also exists.” It is an
inference as to the existence as to theexistence of a fact not actually known, or a conjecture based
on past experienceas to what course human affairs ordinarily take.

Doctrine of Res Ipsa Loquitur

- Res ipsa loquitur is a Latin phrase which literally means “the thing or the
transaction speaks for itself”

Doctrine of Stale Demands (Doctrine of Laches)

- The doctrine of stale demands (doctrine of laches) refers to failure orneglect for an unreasonable and
unexplained length of time to do that which byexercising due diligence, could or should have been
done earlier, thus givingrise to a presumption that the party entitled to assert it either has abandoned
ordeclined to assert it.

Direct examination
- Direct examination is the examination-in-chief of a witness by the partypresenting him on the facts
relevant to the issue. (Rule 132, Sec. 5)
Cross-examination
- Upon the termination of the direct examination, the witness may be cross-examined by the adverse
party as to many matters stated in the directexamination, or connected therewith, with sufficient
fullness and freedom to testhis accuracy and truthfulness and freedom from interest or bias, or the
reverse,and to elicit all important facts bearing upon the issue. (Rule 132, Sec. 6)
Re-direct examination
- After the cross-examination of the witness has been concluded, he maybe re-examined by the party
calling him, to explain or supplement his answersgiven during the cross-examination.
On re-direct-examination, questions onmatters not dealt with during the cross-examination,
may be allowed by thecourt in its discretion. (Rule 132, Sec. 7)

Re-cross-examination
- Upon the conclusion of the re-direct examination, the adverse party mayre-cross-examine the witness
on matters stated in his re-direct examination,and also on such other matters as may be allowed
by the court in its discretion.(Rule 132, Sec. 8)

Objection- is a “procedure whereby a party asserts that a particular witness, lien of questioning,
piece of evidence, or other matter is improper and should not be continued, and ask the court to
rule on its impropriety or illegality.” This is necessary to preserve the point on appeal.
Quantum of Evidence defined
- It is the weight of evidence required to discharge the burden of proof.
Corpus Delicti defined
- Corpus delicti literally means “the body or substance of the crime,” but,
applied to a particular offense, it means the actual commission by someone of
the particular crime charged. It is made up of two elements, viz:
1. That a certain result has been proved, for example a man has died or a
building has been burned, and
2. That some person is criminally responsible for the act.

Circumstantial Evidence defined

- Direct evidence of the commission of the crime is not the only basis from
which a court may draw its finding of guilt. The rules of evidence allow a trial court to rely on circumstantial
evidence to support its conclusion of guilt.

The Fruit of Poisonous Tree Doctrine

- Under this doctrine, once the primary source is shown to have beenunlawfully obtained, any secondary
or derivative evidence derived from it, isalso inadmissible.

Falsus in Uno, Falsus in Omnibus

- The rules falsus in umo, falsus in omnibus (“false in one thing, false in
everything”) is not a mandatory rule of evidence.

Acting on the Memorandum dated 18 June 2001 of the Committee on the

Revision of the Rules of Court to Draft the Rules on E-Commerce Law [R.A. No.
8792] - submitting the Rules on Electronic Evidence for this Court's consideration
and approval, the Court Resolved to APPROVED the same.
A.M. NO. 004-07-SC November 21, 2000 -RULE ON EXAMINATION OF A CHILD WITNESS
A.M. No. 06-11-5-SC (2 October 2007)- RULE ON DNA EVIDENCE
DNA means deoxyribonucleic acid - which is the chain of molecules found in every nucleated cell of the
body. The totality of an individual’s DNA is unique for the individual, except identical twins;
DNA evidence”- constitutes the totality of the DNA profiles, results and other genetic information
directly generated from DNA testing of biological samples;
DNA profile” - means genetic information derived from DNA testing of a biological sample obtained
from a person, which biological sample is clearly identifiable as originating from that person;
DNA testing - means verified and credible scientific methods which include the extraction of DNA
from biological samples, the generation of DNA profiles and the comparison of the information
obtained from the DNA testing of biological samples for the purpose of determining, with reasonable
certainty, whether or not the DNA obtained from two or more distinct biological samples originates
from the same person (direct identification) or if the biological samples originate from related persons
(kinship analysis); and
“Probability of Parentage”- means the numerical estimate for the likelihood of parentage of a putative
parent compared with the probability of a random match of two unrelated individuals in a given population.

REVIEWER CRIMINAL EVIDENCE

1. Which phrase best complete the sentence ,
“ The best evidence rule is a misnomer”
a. Because it merely requires the best evidence available and in the absence,
thereof allows the introduction of secondary evidence
b. Because it is applicable only in documentary evidence and object evidence and
not to testimonial evidence
c. Because it s a use of wrong or inaccurate term
d. Because it does not suit what it refers under the rules of evidence
Ans . Because it merely requires the best evidence available and in the absence,
thereof allows the introduction of secondary evidence
2. Which of the following is not a stage wherein judicial notice may be taken ?
a. During the trial of the case
b. After the trial of the case
c. Before the trial of the case
d. Before judgement of the case Ans . Before the trial of the case
3. Which of the following admission made by a party in the course of judicial proceedings
is considered a judicial admission
a. Admission made in a complaint superseded by an amended complaint
b. Admission made in a pleading signed by the party and his counsel intended to be filed
c. Admission made by a counsel in open court
d. An admission made in a pleading in another case between the same parties
Ans . Admission made by a counsel in open court
4. To what degree is evidence relevant , material or competent to make up for the requirement of
admissibility ?
a. If it tends in any reasonable degree to establish the probability of the fact in issues
b. If it tends in any reasonable degree to establish the probability or non- probality the fact in issues
c. If it tends in any reasonable degree to establish the non – probability of the fact in issues
d. If it tends to establish the probability or no probability of the fact of the issues
Ans . If it tends in any reasonable degree to establish the probability or non- probality the
fact in issues
5. If the evidence is admissible , does it necessary mean that it has a probative value ?
a. Yes, because it admission is a guarantee of its being considered or believed by the court
b. No, because admissibility of evidence has nothing to do with its probative value or weight
c. Yes, because admissibility of evidence always goes together with its probative value or weight .
evidence must be admissible and probable
d. No, because an evidence , in order to be admissible must not only be given probative value
it must be both relevant and competent
Ans. No, because admissibility of evidence has nothing to do with its probative value or weight
6. What are the requisite for admissibility of evidence
a. The evidence must be relevant
b. The evidence must be competent
c. The evidence must be either competent or relevant
d. The evidence must be competent and relevant
Ans. The evidence must be competent and relevant
7. Kind of evidence which is considered under the rules as the best evidence
a. Prima facie evidence
b. Positive evidence
 c. Presumptive evidence
d. Primary evidence Ans . Primary evidence
8. When is judicial notice discretionary ?
a. Matters capable of questionable demonstration
b. Matters not ought to be known to judges because of their judicial function
c. Matters which are of public knowledge
d. All of the above Ans. Matters not ought to be known to judges because of their judicial function
9. Secondary evidence may be admitted only by laying the basis for its production which requires
compliance with
a. The offeror must prove the execution and existence of the original document
b. The offeror must show the cause of unavailability
c. The offeror must show that the unavailability was not due to his faith and bad
d. All of the above Ans . All of the above
10. The following matters are proper subject of judicial notice except
a. Municipal ordinances in the force of municipalities where the MTC sits
b. Quezon City is located in the National Capital Region
c. An Administrative regulation or order pending effectively
d. Video conferencing or teleconferencing such as the use of Skype is now of conducting
business transaction
Ans . An Administrative regulation or order pending effectively
11. When is the best evidence rule applicable
a. When the subject of the inquiry is the testimony made by a third party
b. When the subject testimony are the documents in possession in possession of the adverse party
c. When the subject of the inquiry are the content of the document no evidence shall be admissible
other than the original document
d. When the subject of the inquiry are the contents of the adverse party testimony
Ans . When the subject of the inquiry are the content of the document no evidence shall be
admissible other than the original document
12. Judicial notice can either be mandatory or discretionary . all but once of the following is an
example of discretionary judicial notice
a. The matter is of common knowledge
b. The matter is capable of unquestionable demonstration
c. The matter involves the law of nation
d. The matter must be settled beyond reasonable doubt
e. Ans. The matter involves the law of nation
13. A hearing is necessary before the court can take judicial notice of
a. Matters which are of questionable demonstration
b. Matters which are of public knowledge
c. Geographical division
d. Law of nature
Ans . Matters which are of public knowledge
14. A vicarious admission is considered an exception to the hearsay rule , it however does not cover
a. Admission by a conspirator
b. Adoptive admission
c. Admission by a privy
d. Judicial admission
Ans . Judicial admission
15. A judicial admission requires no proof , however all of the following the elements must be
 considered except
a. The judicial admission must be made by a party to the case
b. The admission to be judicial must be made in the course of the proceedings in the same case
c. A particular form of judicial admission is required by the court and material to the case
d. The stipulation of the facts at the pre trial of the case constitute judicial admission
e. Ans. A particular form of judicial admission is required by the court and material to the case
16. The Rules of court provides that a documentary evidence to be admissible must comply
with the following requirements except
a. The document must be relevant
b. The document must be authenticated
c. The document must be authenticated only by the expert witness
d. The document must be formally offered in evidence
Ans. The document must be authenticated only by the expert witness
17. Which of the following is a matter not subject to mandatory judicial notice ?
a. Law of nation
b. Measure of time
c. Geographical division
d. Foreign law not alleged and proved
Ans. Foreign law not alleged and proved
18. It refers to the question of whether or not the evidence is to considered at all
a. Multiple admissibility of evidence
b. Probative value of evidence
c. Admissibility of evidence
d. None of these Ans. Admissibility of evidence
19. It refers to the questions of whether or not proves an issue
a. Probative value of evidence
b. Admissibility of evidence
c. Admissibility
d. Conditional admissibility of evidence
Ans. Probative value of evidence
20. The quantum of evidence required in administrative cases is
a. Substantial evidence
b. Quisi judicial administrative
c. Evidence
d. None of these Ans. Substantial evidence
21. Martina is the lone witness on the kidnapping incident of a Korean businessman in Pampanga .
Her testimony is
a. Always credible
b. Never credible
c. Credible only if corroborated
d. Maybe believed even if not corroborated Ans . Credible only if corroborated
22. In a criminal case of murder by stabbing , the factum probans is ?
A. The act of stabbing
B. The liability of the accused to causing death to his victim
C. The knife used
D. The fact that the accused fled Ans. The knife used
23. What is the means of “ proof beyond reasonable doubt “
a. This the quantum of evidence that has application to criminal prosecutions
 b. It does not mean such degree of proof , as excluding the possibility of error , produce absolute
certainty
c. Only moral certainty is required , or the degree of proof which produces conviction in
unprejudiced mind
d. All of these Ans All of these
24. Evidence is not admissible when
a. It is relevant
b. It is competent
c. It is not excluded by the rules
d. They are illegally obtained as when evidence is illegally seized
25. In default of parents , the court may appoint guardian for a minor giving first preference to
a. Paternal grandparent
b. God mother or father
c. Actual custodian over 18yrs old
d. Brother or sister who is 18yrs old or older
Ans. Paternal grandparent
26. An affidavit or deposition of an eyewitness as to B’s stabbing is an example of
a. Direct or positive evidence
b. Indirect or circumstantial evidence
c. Testimonial evidence
d. Documentary evidence
Ans Testimonial evidence
27. The rules on evidence being components of the rules of court , apply only to ?
a. Labor cases
b. Cases before the board of medicine
c. Petition for naturalization
d. Judicial proceeding Ans . Judicial proceeding
28. When is the presumption of suppression of evidence not applicable ?
a. When the evidence is material
b. When the suppression of evidence is an exercise of privilege
c. When the party had the opportunity to produce the same
d. When the said evidence is available only to said party
Ans When the suppression of evidence is an exercise of privilege
29. Immediately after the witness had been sworn to testify , without any formal offer to her testimony,
prosecutor X started asking questions on direct examination to the witness . the court may still
consider her testimony if
a. The witness is an expert witness
b. The witness is an ordinary witness
c. The opposing counsel did not object
d. The formal offer is done after the direct testimony
Ans , The opposing counsel did not object
30. Under the rules on evidence , the following presumption are satisfactory if un contradicted , but
maybe contradicted and overcome by other evidence
a. The tenant cannot deny his landlords title during the tenancy period
b. That a person is innocent of crime or wrong
c. That an unlawful was done with unlawful intent
d. A writing is duly dated
Ans . That a person is innocent of crime or wrong
31. A child witness under the rules of examination of a child witness is one
A, who is 18yrs of age in child abuse cases
b. who is below 18yrs of age at the time of the giving testimony
c. who is 18 yrs old of age or below at the time of testifying
d. who is below 18yrs of age at the time of the crime to be testified on
ans . who is below 18yrs of age at the time of the giving testimony
32. The testimony of a child witness is
a. admissible even if hearsay
b. Not admissible if hearsay
c. Sufficient to convict an accused even if hearsay
d. Admissible only after his competency is established
Ans admissible even if hearsay
33. In all but once of the following instances , the rule of DNA evidence shall apply
a. Criminal actions
b. Administrative proceeding
c. Civil actions
d. Special proceeding Ans . Administrative proceeding
34. Which of the following most likely may not be a witness
a. A drug addict
b. A seven years old child
c. A blind deafmute
d. A pathological liar Ans . A blind deafmute
35. The rules of evidence are specifically applicable only if
a. Judicial proceeding
b. Administrative proceeding
c. Quisi judicial proceedings
d. All of the above Ans . Judicial proceeding

36. The rule of DNA evidence took effect on

a. October 15, 2009
b. October 15,2007
c. November 15, 2008
d. November 15,2008 Ans . October 15,2007
37. the Revised Rules on Evidence shall take effect on
a. May 1, 2020
b. July 1 ,2020
c. June 1,2020
d. June 1,2020 Ans. May 1, 2020
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
FORENSIC QUESTION DOCUMENT REVIEWER

Alphonse Bertillon - the inventor of anthropometry,

Alteration - It is any form of changes be it an addition or a deletion to the original contents of a document.
Arc - The bend, crook, or curve on the inner side of the upper loop of letters such as c, h, m, n.
Baseline - The ruled or imaginary line upon which the writing rests.
Beard - The slight up and down introductory stroke or sort of double hitch, seen at the beginning of many
capital letters.
Blunt - The beginning and ending strokes of letters, both small and capital, in which the pen touch the paper
without hesitation, beard, hitch, or knob.
Buckle Knot - The horizontal and looped strokes that are often used to complete such letters of
A, F, f, H and D.
Central Pocket Loop or Body - The part of letter ordinarily formed by a small circle that usually lies on
the line of writing, as the bodies of a, b, d, g, o, p.
Characteristic - Any property or mark that distinguishes and in document examination commonly
refers to identifying details. There are two groups of characteristics, class and individual.
Class Characteristic - Not all characteristics encountered in document examination are peculiar to a
single person or thing and one that is common to a group may be described as a class characteristics.
Collation - The critical comparison or side by side examination.
Comparison - The act of setting two or more items side by side to weigh their identifying qualities.
It implied not only a visual but also a mental act in which the elements of one item are related to
the counterparts of the other.
Conclusion - A scientific conclusion results from relating observed facts by logical, commonsense
reasoning in accordance with established rules of laws.
Copybook Form - The design of letters that is fundamental to a writing system This term is derived
from the old methods of teaching handwriting from a copybook containing engraved script printed
on each page for the student to imitate.
Crime - An act in violation of penal law.
Cursive Writing - Writing in which the letters are for the most part joined together.
Disputed Document - A term suggesting that there is an argument orcontroversy over the document.
Document - In its fullest meaning, any material that contains marks, symbols, or signs either visible,
partially visible, or invisible that may ultimately convey a meaning or message to someone.
Pencil or ink writing, typewriting, or printing on paper are the more usual forms of documents
Document Examiner - One who studies scientifically the details and elements of documents in
order to identify their source or to discover other facts concerning them. Document examiners
are often referred to as handwriting identification experts, but today the work has outgrown
this latter title and involves other problems than merely the examination of handwriting
Ductus Brocken letters. The disconnected and non-continuous stroke between two
Ductus Link - The continuous line that joins two letters.
Examination - The act of making a close and critical study of any material, and with questioned
documents is the process necessary to discover the facts about them. Various types of examinations
are undertaken, including microscopic, visual, photographic, chemical, ultraviolet, and infra-red examination.
Exemplar - Refers to specimen standards or disputed document which has been used for comparison
Expert Witness - A legal term used to describe a witness who by reason of his special technical
training or experience is permitted to express an opinion regarding the issue, or a certain aspect of the issue,
which is involved in a court action. His purpose is to interpret technical in his particular specialty
in order to assist the court in administering justice.
Eye Loop (Eyelet) - The small loop formed by strokes that extend in divergent direction
as in b, c, f, k, p, q, r, s, v, w, and z.
forensic Science - The field of science that is used in the judicial process. A number of scientific disciplines
commonly make up the more active segments of forensic science. Some are described from the physical,
medical, and dental sciences, and the best qualified workers specialize in the court-oriented aspects of
each discipline. Questioned document examination is a notable part of forensic science in that it
developed directly from the need of court experts to answer problems regarding documents
instead of growing out of established field of science.
Forgery - An act of counterfeiting documents, signatures, with the intent to deceive or defraud.
Foot - The base or bottom of a letter that lies on the line of writing.
Graphology - The art of attempting to interpret the character or personality of an individual
from his handwriting. Guided Signature (Guided Writing) - Specimen of writing executed while the
writer's hand is at steadied.
Hand lettering - Any disconnected style of writing also known as hand printing.
Handwriting - Is the result of very complicated series of act being a whole combination
of a certain form of mental and muscular habits acquired by long painstaking effort.
Hitch - The introductory backward stroke added to the beginning of many capital letters;
it is also occasionally found in some small letters.
Hook (Through) - The bend, crook, or curve on the inner side of the bottomloop, or curve of small letters.
Holographic Document - Any document completely written and signed by one person, also known
as a holograph. In a number of jurisdictions a holographic will can be probated without anyone
having witnessed its execution
Hump - The rounded outer side of the top of the bend, crook, or curve in small peculiar
letters such as h, k, m, n.
Individual Characteristics - A characteristics that is highly personal or and is unlikely to occur in
other instances.
Infrared Examination - The examination of documents employing invisible radiation beyond the
red portion of the visible spectrum. Infrared radiation can be recorded on specially sensitized
photographic emulsions or it can be converted by means of an electronic viewing device into
visible light for an on- the-scene study of the evidence.
Infrared luminescence - A phenomenon encountered with some dyes used in inks and colored
pencil that, when illuminated with norrow band of light in the blue-green portion of the spectrum, give off a
luminescence that can be detected in the far-red or near-infrared range. The technique is useful in
distinguishing between certain inks and colored pencils, and in detecting ordeciphering erasures.
Initial spur - The long initial stroke of a letter.
Insertion - The addition of writing and other material within a document such as between lines or paragraphs,
or the addition of whole pages to a document.
Interlineation writing- The act of inserting writing or typewriting between two lines of writing.
Knob (Initial Spur) - Found eithe at the beginning or end of letters, both small and capital which
the pen touched or left the paper so slowly that a tiny pool of ink spread slightly.
Main stroke (Stem or Shank of Staff) - The long upright downward stroke that is the trunk or stalk,
seen especially in B,F,K,P.
Microscopic examination - Any study or examination made with the microscope in order to discover
minute physical details. Natural variation - Normal or usual deviations found between repeated
specimens of any individuals handwriting or in the product of any typewriter or other record
making machines
Natural writing - Any specimen or writing executed normally without antattempt to control or
alter its identifying habits.
Oblique light examination – An examination with the illuminations so controlled that it grazes
or strikes the surface of the document from one side at a very low angle; also referred to a side
light examination.
Obliteration - The blotting out or smearing over of writing to make the original invisible or undecipherable.
Patching (Retouching) Is a stroke going back to repair a defective portion of the writing stroke.
Careful patching is a common fault in forgeries Pen emphasis The act of intermittently forcing the pen
against the paper surface with increase pressure or the periodic increase in pressure of thewriting.
Pen-lift - An interruption in a stroke caused by removing the writinginstrument from the paper.
Disconnection between letters and lettercombination may be due to lack of movement control.
Using a ballpoint pen may cause pen lift due to failure of the ball to rotate.
Pen position (pen hold) - It is the location of the pen in relation to the paper surface, which can be
determined by the presence of the emphasis or pen shading.
Pen pressure - The average force with which the pen comes in contact withthe paper or the usual
force involves in the writing. This is one of the most personal but somewhat hidden characteristics in writing.
Pen scope - Represents the reach of the hand with the wrist at rest. It is the average scope or limits
of the pen during the process of writing with the wrist of the hand at still.
Photomicrograph A photograph made through a compound microscope and may be a greatly
enlarged image of a small area.
Photo macrograph - An enlarged photograph may be prepared with only a lens of very short focal length.
Quality - A distinct or peculiar character. In this text, "quality" is used in describing handwriting
to refer to any identifying factor that is related to the writing movement itself.
Questioned Document - Any document about which some issue has been raised or that is under scrutiny.
Restoration - Any process in which erased writing is developed or brought out again on the document itself.
Retracing - The stroke that goes back over another writing stroke; it is slightly to occur in other writing.
Rhythm - The balance quality of movement or the harmonious recurrence ofstrokes or impulse.
As an element of writing, rhythm accounts to be one of the very essential for there is nothing
in handwriting so difficult to imitate as the exact quality of a muscular rhythm.
Secret Inks - A material used for writing that is not visible until treated by some developing process,
also referred to as sympathetic ink.
Shading - Refers to the more obvious increase in the width of the letter strokes or the widening
of the ink strokes due to the added ink on the flexible pen point or the use of the stub pen.
Significant Writing Habits - Refers to characteristics of writing which is sufficiently unique and
well fixed to serve a strong basis for the identity ornon-identity of the writing.
Skill - Refers to the relative degree of the writer's proficiency degree of the writer's proficiency.
It cannot be accurately measured although it can be grouped as to poor, average and good.
Writing skill is dependent to many factors, manual dexterity being the most important.
Its basis is either legibility or symmetry.

Slant - Refers to the degree of writing inclination relative to the baseline or the slope of the writing.

Smeared - over writing - An obliteration accomplish by covering the original writing with opaque substance.
Space Filler (Terminal Spur) - An upward horizontal or downward final strokes usually seen in small
letters such as A,S,U,Y.
Speed of writing - It cannot be measured precisely from the finished handwriting but it can be
interpreted in broad term as to slow and drawn, deliberate, average and rapid.
Splicing - A term used by document examiners to denote the slight overlapping of two strokes
after an interruption in the writing. It may be a part of imitated, fraudulent signatures that are
prepared one or two letters at a time.
Spurious Signature - It is a fraudulent signature in which was no apparent attempt at simulation
or imitation. It is a common form of forgery encountered in investigations of fraudulent checks
depends on the surrounding circumstances rather than upon the quality of the signature for his success.
Standard - A condensed and compact set of authentic specimens which, if adequate and proper,
should contain a true cross section of the ch, if from a known source. They are used by the
document examiner as the basis for his identification on non-identification of the questioned document,
as for examplethe known handwriting which serves to establish who wrote the disputed letter.
Stereoscopic Microscope - It is considered as most powerful and useful equipment in the laboratory.
It is an instrument that can bring together two objects into the same field of view so that they may
easily be compared under the same degree of magnification. This is extensively used in questioned document,
fingerprint and ballistics.
System (of writing) - The combination of the basic design of letters and the writing movement as taught
in school. Writing trough use diverges from the system, but generally retains some influence of the basic
training
Traced Forgery- Any fraudulent signature executed by actually following the outline of a genuine
signature with a writing instrument. Such a signature may be produced with the mid of carbon paper
by first tracing a carbon outline and then covering this with a suitable ink stroke, or the forgery
may be traced from an outline made visible though the model signature and the fraudulent document.
Transmitted light examination - An examination in which the document is viewed with the source
of illumination behind it and the light passing through the paper.
Tremor - A writing weakness portrayed by irregular, shaky strokes.
Ultra Violet photograph - Any photograph that records the document under ultraviolet illumination.
With some of these the ultraviolet radiation strikes the film, but with others a filter is
employed so that the only visual fluorescencecaused by the ultraviolet is recorded.
Whirl - The upward stroke, usually on letters that have a high loop as h. d and I.
Writing - It is the result of a very complicated series of acts being as a wholeor combination of certain
forms of visible mental and muscular habits acquiredby long continued painstaking effort.
Writing combination - Both the circumstances under which the writing wasprepared and the
factors influencing the writer's ability to write at the time of execution. Circumstances pertaining to
preparation involve the writer's position (sitting, standing, abed, etc.), the paper support backing and
thewriting instrument's health, nervous state, or degree of intoxication.
Legal Definition of Forgery (Revised Penal Code Art. 169)
- By giving to a treasury of bank note or any instrument pirable to bearer orto order mentioned therein,
the appearance of a true and genuine documentby erasing, substituting, counterfeiting or atering
by any means their signuatures letter, words or sign contained therein.
1. Counterteing the great seal of the Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive.The penalty reclusionmporal shall be imposed
Revised Penal Code Art 161)
2 Counterfeiting coins- Making and importing and uttering fasecoins shall aurier Prison mayor,
Prisioncomeccional in minimum and medium period with a coresponding fine (RPC 163)
3 Mutilation of coins- importation and Utterance of mutilated coins. The penalty of prisioncorreccional
in its minimum period and a corresponding fine RPC 104).

4 Forging treasury or bank notes or other

documents payable to bearer, importing, and uttering such false or forged notes and documents
shall be punished as follows:

Kinds of forgery
1. Simulated Forgery
-This type refers to the act of simulation, copying or imitation of agenuine signature of writing.
2. Traced Forgery
- This type, as it implies, is the result of an attempt to transfer to a fraudulent document an exact
facsimile or outline of a genuine signature or writing by some tracing process.
3. Simple Forgery
- This is the type of forgery commonly known as "Spurious" signature. The forger who is confronted
with the absence of a model signature will not attempt to produce facsimile of the genuine signature
but merely signs the same either in his own devise, ways and means of passing the document for his
own personal gain and profit before the obvious fraud is detected.

4.Alterations
- Change or alterations, which usually affect the original meaning of documents are made either at the
state of preparation and are already of the document when it signed, sealed and witnessed, or fraudulent
after its

MEANS (METHODS) OF ALTERATION

1. Erasures
- The removal of writing, typewriting or printing from a document.
A. Chemical Erasures
The writing is effaced by the use of liquid ink eradicator or other bleaching
solutions.
b. Mechanical Erasures
The writing is effaced by rubbing - off with rubber eraser or scrapping - of
with sharp metal.
 2. Addition
- Any matter made a part of the document after its original preparation.
3. Subtraction
- Any matter rubbed out strike out and/or scratched out after its original preparation.

4.Interlineations or intercalation
- The term insertion and interlineations include the addition of writing andother material between the
line or paging or the addition of whole page to a document,
5. Obliteration - Smeared-over-writing with black or opaque material.

Handwriting Movement
Basically there are three (3) different writing movements being employed
in the writing by the different writer. But because of existence of a more large
or extended type of writing these are grouped into four:
1. Finger Movement - is mostly employed vertical writing and mainly in the formation of printed styles
in writing Letters are formed by the actions of the thumb, index and the middle finger
This is the movement employed by children, or generally by those with whom writing
is an unfamiliar process, it is called as the push and pull writing.
2. Hand Movement - It involves the action of the hand as whole with the fingers played but
minor role (mainly in the formation of small letters) and the wrist is the pivotal of the lateral movement.
3. Forearm (or Muscular) Movement - Writing is produce by the movement of the hand and an
and also fingers in some cases. The elbow is the pivotal of the lateral movement.
4. Whole-arm Movement - It involves the action of the entire arm without rest and is employed in
very large in writing.Omamental penmanship, blackboard writing, and by few writers
making all the capital letters are some of this writing movement is being employed.

ELEMENTS OF HANDWRITING
Arc – the rounded inner part of an upper curve, bend or crook,
2. Beard – is an introductory up and down strokes found in some capital letters. Also called as double hitch.
3. Blunt – is a part of a stroke characterized by a abrupt beginning or end at which the pen does not creates a
diminishing strokes. 4. Buckle Knot is a horizontal or loop strokes used to complete letters A, H, F and D.
5. Central Part – is the body of the letter. Characterized by a small rounded or circular strokes.
6. Ductus-link, Ductus-broken- refers to the connection between letters, eitherjoined or disconnected.
7. Eyelet/ eyeloop – refers to small oblong strokes.
8. Hitch – an introductory backward strokes found in most capital letters and in some small letters.
9. Hiatus = an obvious gap between letters.
10.Humps – is the outer portion of an upper curve bend or crook, (see arc)
11.Knob – is a tiny pool of an ink at the beginning or ending strokes.
12.Loop – is an oblong strokes
13.Stem/shank/staff – is considered as the backbone of the letter characterized by a long downward strokes
14.Initial/terminal Spur – a long running initial or terminal strokes. 1
5.Through – refers to any garland form of a letter strokes
16.Whirl – is the long upward strokes usually found opposite the stem
Important Terms in Connection with Typewriting
1. Typeface - it is the printing surface of the type block
2 Typeface defect-any peculiarity of the typewriting caused the actual damage to the typeface metal
which may be actual break in the outline of the letters.
2. Characters - in connection with typewriting, is used to include letters, symbols, numerals o
point of functions.
4 Pica Type Face- typeface impression ordinarily spaced ten (10) characters to the horizontal pitch.
5 Elite Type Face – typeface impression ordinary spaced between twelve(12) characters to the horizontal
6.Proportional Spacing Machine- a typewriter with type letter spacing similar to the type spacing of
conventional printed in which all letters are allotted horizontal in conformity with their relative widths.
6. Transitory Defects- is an identifying typewriter characteristics, which can be eliminated by
7. cleaning the machine or replacing the ribbon.
8 Permanent Defects - any identifying defects of typewriting characteristics on typeface whichis
permanents even after
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
NON INSTITUTIONAL CORRECTIONAL REVIEWER

Community-based correction
- is a supervised program dealing with people who have been convicted or are facing conviction.
It is a non-incarceration system of correction
Community corrections
- covers a wide variety of punishment imposed without removal of the offender from his area of
residence and employment, if any. The crux of community corrections is supervision in the community.
Community-based corrections
- include probation, which involves offender supervision under the control of the sentencing court,
and an array of intermediate sanctions, in the form of programs that provide greater supervision
and treatment than the “traditional" probation but are less intrusive than imprisonment.
The Goals of Community Corrections Programs
Community corrections programs are integrated sanctioning strategies that seek to achieve the following goals:
1. The offender it punished and held accountable.
2. Public safety is protected.
3. Victims and local communities receive restitution from felons who work in their present jobs
and/or in restitution programs.
4. Community service work increases.

Detention
- as defined by the PhilippineNational Police is a restraint of personal liberty
or deprivation of freedom of action in any significant manner. (PNP Operational Procedure 2010 p. 85)

Detainee
- as defined by the Bureau of JailManagement and Penology (BIMP) refers toperson who
is accused before a court orcompetent authority and is temporarilyconfined in jail while
undergoing or awaitinginvestigation, trail, or final judgment (BJMPManual Revised 2007, p. 143)

Detention Prisoner
- refers to a person arrested due to the commission of acrime/offense by the arresting unit for custodial
investigation. It likewise includesa person arrested for crimes, which are heinous in nature, against
nationalsecurity, and high-profile crimes. (PNP Operational Procedure 2010, p. 85)
-

Bail
- is the security given for the released of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. Bail may be given in the form
of corporate surety, property bond, cash deposit, or recognizance.
Bail bond
- is an obligation given by the accused with one or more sureties,
with the condition to be void upon the performance by the accused of such acts
as he may be legally required to perform.

Where Bail may be filed?

1. Bail in the amount fixed may be filed with the court where the case is pending, or in the absence
or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge in the province, city, or municipality other than where the case is pending,
bail may also be filed with any Regional Trial Court of said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge, or municipal
circuit trial judge therein.
2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance,
the application may only be filed in the court where the case is pending, whether on preliminary
investigation, trial, or on appeal.
3. Any person in custody who is not yet charged in court may apply for bail with any court in the province,
city, or municipality where he is held. (Sec. 17, Rule 114, Revised Rules of Criminal Procedure)

Excessive bail
- means a bail set at a higher amount than that reasonablycalculated to ensure the presence of
the accused at the trial. It is prohibited for
the following reasons:

A bail bond
- is an obligation under seal given by the accused with one or more
sureties, and made payable to the proper officer with the condition to be void upon
performance by the accused of such acts as he may legally be required to perform.
A recognizance
- is an obligation of record, entered into before some court or
magistrate duly authorized to take it, with the condition to do some particular act,
the most usual condition in criminal cases being the appearance of the accused
for trial. A recognizance does not require the signature of the accused for its
validity.

Recognizance is an older method of suspending or deferring judgment for

good behavior.

Qualifications and Requirements for Release on Recognizance

1. That the applicant is a Filipino citizen;
2. That he is a resident of the Philippines for at least six (6) months prior to the filing of the application;
3. That the offense for which he is in custody and seeks to be released on recognizance is not punishable
by death, reclusion perpetua, or life imprisonment;
4. That he has no sufficient means to post corporate surety, property bond, or deposit as bail bond; and
5. That more than five (5) years have elapsed since his last conviction or
release from imprisonment after conviction for an offense, if any, and he
has shown good behavior during the said period.

Writ of Habeas Corpus Defined

- Writ of habeas corpus is a writ which has been esteemed the best and only
sufficient defense of personal freedom having for its object the speedy release by
judicial decree of persons who are illegally restrained of their liberty, or illegally
detained from the control of those who are entitled to their custody. (Albano,
Albano Jr., Albano, Remedial Law Reviewer, 2007 ed., p 964, citing Ballentine's
Law dictionary, 2nd ed., p. 569)

The writ of habeas corpus

- is the means by which judicial inquiry is made
into the alleged encroachments upon the political and natural rights of individuals,
such as restraint of liberty. It is a writ of defense of personal freedom, having for
its object the speedy release, by judicial decree, of persons who are illegally
restrained of their liberty, or who are entitled to the custody of them. It is directed
to the person in whose custody the person is detained. (Phil. Law Dictionary by
Moreno, 3rd ed. p. 424)

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 oromission of a public official or employee, or of a
private individual or entity. The
writ shall cover extrajudicial killings and enforced disappearance. (A.M. No. 07-
9-12-SC, The Rule on Writ of Amparo dated September 24, 2007)

Writ of Habeas Corpus

- is a writ directed to a person detaining another
commanding him to produce the body of the prisoner at a designated time and
place, and to show sufficient cause of his caption and detention, to do, to submit,
and receive whatever the court or judge awarding the writ shall consider in that
behalf. A writ of habeas corpus extends to all cases of illegal confinement or
detention by which a person is deprived of his liberty, or by which the rightful
custody of any person is withheld from the person entitled to it. Its essential object
or purpose is to inquire into all manner of involuntary restraint and to relieve a
person from such restraint is illegal.

Writ of Habeas Data

- is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act oromission of a public
official or employee, or of a private individual or entity engaged in the gathering, collecting or storing
 of data or information regarding the person, family, home and correspondence of the aggrieved party
(A.M. No. -1-16-SC, The Rule on the Writ of Habeas Data, January 22, 2008).

Habeas Data
- is a writ that enables a person to find out what information is
collated about him, by the police or the military and other law enforcement
agencies, and the use and purpose of such information.

Executive Clemency
- Is the power of the president in state conviction , to pardon a person convicted in a crime,
commute the sentence ( shorten)
Impeachment
- has been defined as a method of national inquest into
the conduct of public men.

AMNESTY - is granted by Proclamation of the Chief Executive with the

concurrence of Congress. It is a public act of which the courts should take
judicial notice.
-Amnesty is an act of the sovereign power granting oblivion or a
general pardon for a past offense, and is rarely, if ever, exercised in favor
of a single individual.

ABSOLUTE PARDON - looks forward and relieves the offender from the
consequences of an offense of which he has been convicted. An absolute
pardon not only blots out the crime committed but also removes all
disabilities resulting from the conviction.

PRESCRIPTION OF PENALTY - is the loss or waiver of the State of its

right to punish the convict. In other words, prescription of penalty is the
loss or forfeiture of the right of the Government to execute the final
sentence after the lapse of a certain time.

PRESCRIPTION OF CRIME OR OFFENSE - refers to the loss or waiver of

the right of the State to prosecute offenders after the lapse of certain
time.

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 ofArticle 159 shall
applied to him. (Art. 95, Revised Penal Code)

COMMUTATION OF SENTENCE - simply mean, reduction or mitigation of

the penalty. 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. (Art. 96, Revised Penal Code

GOOD CONDUCT ALLOWANCES DURING CONFINEMENT - credit

earned by an inmate which reduces the duration of his incarceration. It
also refers to time subtracted from a sentence by prison authorities for
good behavior or for other reasons.

Who May grant Good Conduct Time Allowance (GCTA)?

- The Director of Prisons may grant GCTA to an inmate who displays
good behavior and who has no record of breach of discipline or violation
of prison rules and regulations

Computation of GCTA
Calendar months and years are considered reference to sentences
and time served, while thirty (30) days constitute a month in computing
GCTA credits.

Forms of Executive Clemency

1. PARDON - it is an act of grace given by those charged with the power and
authority to execute laws which exempts the individual subject of pardon
from the punishment which the law inflicts for a crime he has committed.
-A pardon is an act of grace, proceeding from the power entrusted
with the execution of the laws,
2. REPRIEVE - the execution of the sentence is stayed or postponed.
3. PAROLE - refers to the conditional release of an offender from a
correctional institution after he has served the minimum of his prison
sentence. The person subject of parole is released from imprisonment but
his liberty is not fully restored because the parolee is still considered in
custody of the law although he is not in confinement.
4. AMNESTY -is an act of grace given with the concurrence of Congress. It
is usually extended to groups of persons who committed political offenses.
It abolishes the offense itself.
5. COMMUTATION - mitigates or reduces the penalty itself. Commutation is
a remission of a part of the punishment; a substitution of a less penalty for
the one originally imposed.

A commutation of sentence
- refers to the reduction of the duration ofa prison sentence.

Remission
- refers to an act of liberality by virtue of which, withoutreceiving any equivalent, the creditor
renounces the enforcement of the
obligation, which is extinguished in its entirety or in that part or aspect of
the same to which the remission refers.

Fine
- is a pecuniary punishment imposed by a lawful tribunal upon aperson convicted of crime or
misdemeanor. (Esler vs. Ledesma, 52 Phil.
120)

Forfeiture – is the incurring of a liability to pay a definite sum of

money as the consequence of violating the provisions of some statute or
refusal to comply with some requirement of law.

Pardon
- is defined as an act of gracegiven by those charged with the power and
authority to execute laws exempting the individual subject of pardon from the
punishment the law inflicts for a crime he has committed.
-Pardon is a form of executive clemency granted by the President of the
Philippines as a privilege extended to a convict as discretionary act of grace.

Different Kinds of Pardon

1. Absolute Pardon - refers to the total extinction of the criminal liability of
the individual to whom it is granted without any condition. It restores to
the individual his civil and political rights and remits the penalty imposed
for the particular offense of which he was convicted.
2. Conditional Pardon - refers to the exemption of an individual, within
certain or conditions, from the punishment the law inflicts for the offense
he has committed resulting in the partial extinction of the criminal liability.
3. General Pardon - is a pardon which applies to all persons falling within a
certain category. (Villa vs. Allen, 2 Phil. 440)
4. Special Pardon - is s pardon which is conceded to a single individual for
an ordinary crime. (Villa vs. Allen, 2 Phil. 440)

An amnesty
- is act of grace by the Chief Executive, proceeding from the
power entrusted with the execution of the laws and concurred by the legislature,
usually extended to groups of persons who committed political offenses, and which puts into oblivion
the offense itself

The Notional Amnesty Commission (NAC)

- The National Amnesty Commission (NAC) is the primary agency tasked to
receive and process applications for amnesty, and determine whether the
applicants are entitled to amnesty under any proclamation by the President
granting amnesty.

The Abolition of the National Amnesty Commission (NAC)

- By virtue of Executive Order No. 415 issued by President Gloria
Macapagal Arroyo on March 22, 2005, the National Amnesty Commission (NAC)
is thereby abolished.

Probation
- as a term and as aprocedure is derived from the Latin word
"Probare" meaning to prove. Therefore, as
the term Latin Etymology states, probation involves the testing of an offender as he proves that he is
worthy of his freedom.
- Probation can be defined asa sentence imposed by the courts on
offenders who have either pleaded guilty or have been found guilty. Instead of being
incarcerated, an offender placed on probation is retained in the community under the supervision
of a probation agency.

John Augustus (1785-1859),- "father of probation,"

"Probation" is a disposition under which a defendant, after conviction and

sentence, is released subject to conditions imposed by the court and to the
supervision of a for the court a referral for probation officer.
"Probationer"- means a person placed on probation.
(Probation Officer - means one who investigates probation or supervises a
probationer or both.

Objectives of the Probation Law

1. To promote the correction and rehabilitation of an offender by providing
him with individualized treatment
2. To provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence;
3. To prevent the commission of offenses,
4. To decongest our jails or prisons; and
5. To save the government much needed finance for maintaining convicts in jail.

Indeterminate sentence
- is a sentence witha minimum term and a maximum term, which thecourt is mandated to impose
for the benefit of aguilty person who is not disqualified. It applies toboth violations of the
Revised Penal Code (RPC)and special laws.
Republic Act No. 4013
- entitled "an act to provide for an indeterminate sentence and parole forall
persons convicted of certain crimes by the courts of the Philippine Islands; to
create a Board of Indeterminate Sentence and to provide funds therefor; and for
other purposes."

1. The Gayrama Rule

- The rule provides that, the basis for going down by one (1) degree
is, if the penalty is prision mayor maximum, one (1) degree lower is prision
mayor medium. Hence, based on Indeterminate Sentence Law, the duration
is prision mayor minimum to medium.
2. The Gonzales Rule
- The rule also provides that, the basis of going down by one (1) degree
is to go down one whole degree. In the same example above, one (1) degree
lower now is now prisioncorreccional. The duration based on Indeterminate
Sentence Law is arresto mayor to prisioncorreccional.

1. Board- refers to the Board of Pardons and Parole;

2. Carpeta- refers to the institutional record of an inmate which consists of his mittimus or commitment
order issued by the court after conviction, the prosecutor's information and the decisions of the trial court
and the appellate court, if any, certificate of non-appeal, certificate of detention and other pertinent
documents of the case;
3. Director - refers to the Director of the Bureau of Corrections;
4. National inmate - is one who is sentenced to a maximum term of imprisonment
of more than three (3) years or to a fine of more than five thousand pesos;
or regardless of the length of sentence imposed by the Court, to one
sentenced for violation of the customs law or other laws within the
jurisdiction of the Bureau of Customs or enforceable by it, or to one
sentenced to serve two (2) or more prison sentences in the aggregate
exceeding the period of three (3) years;
5. Parole- refers to the conditional release of a prisoner from a correctional
institution after he has served the minimum of his prison sentence;
6. Parole Supervision - refers to the supervision/surveillance by the Probation
Officer of a Parolee;
8. Parolee- refers to a prisoner who is released on parole;
8. Penal Superintendent refers to the Officer-In-Charge of the New Bilibid
Prison, the Correctional Institution for Women and the Prison and penal
farms of the Bureau of Corrections;
9. Prison Record refers to information concerning an inmate's personal
circumstances, the offense he committed, the sentence imposed, the
criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for confinement,
the place of confinement, the date of expiration of the sentence, the number
of previous convictions, if any, and his behavior or conduct while in prison;
10.Probation and Parole Officer refers to the Probation and Parole Officer
undertaking the supervision of the parolee;
11.Regional Director refers to the head of the Parole and Probation Administration in the region;
12.Release Document refers to the "Discharge on Parole" issued by the Board;
13.Warden refers to the Officer-in-Charge of the Provincial, City, Municipal
or District Jail. Warden is also defined as the administrator in a correctional
institution; also called a Superintendent.

Parole
 - as defined in the 1957 National Conference on Parole as the "method
of selectively releasing an offender from an institution prior to completion of his
maximum sentence, subject to conditions specified by the paroling authority, a
method whereby society can be protected and the offender can be provided with
a continuing treatment and supervision in the community."
-Parole in the Philippines as defined under the Board of Pardons and Parole
Operational Manual refers to the conditional release of a prisoner from a
correctional institution after he has served the minimum of his prison sentence.

Distinguish Parole and Pardon

A prisoner is paroled only after he has served a part of his sentence while
in pardon the accused is released immediately after he has been found guilty or
has pleaded guilty and before he starts serving the sentence.

The Board of Pardons and Parole (BPP),

- created by virtue of Republic ActNo. 4103 (1933) known as the Indeterminate Sentence Law,
is an agency underthe Department of Justice (DOJ) tasked to uplift and redeem valuable human
resources to economic usefulness and to prevent unnecessary and excessivedeprivation of personal
liberty by way of parole or through executive clemency.
-
Age of Criminal Responsibility - is the age when a child, fifteen (15) years and
one (1) day old or above but below eighteen (18) years of age, commits an offense
with discernment.

Arrest - is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. Balanced and Restorative Justice - is a
principle in juvenile justice that requires a process of resolving conflicts with the
participation of the victim, the child in conflict with the law, and the community. It
seeks to obtain reparation for the victim; reconciliation between the victims, the
child in conflict with the law, and the community; and the reassurance that the
child in conflict with the law can be reintegrated into society. It also enhances
public safety by involving the victim, the child in conflict with the law, and the
community in prevention strategies.

Best Interest of the Child - refers to the totality of the circumstances and
conditions which are most congenial to the survival, protection and feelings of
security of the child and most encouraging to the child's physical, psychological
and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.

Case Study Report - is a written report on the social case inquiry conducted by
the social worker of the local government unit or the Department of Social Welfare
and Development or by the social worker designated by the court on the social,
cultural, economic and legal status or condition of the child in conflict with the
law. It shall include, among other matters: the child's development age,
educational attainment, family and social relationships; the quality of the child's
peer group; the strengths and weaknesses of the family; parental control the
child's attitude towards the offense; the harm or damage done to others resulting
from the offenses, if any, and the attitude of the parents towards the child's
responsibility for the offense. The social worker shall also include an initial
determination of the child's discernment in the commission of the offense.

Child in Conflict with the Law - refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
Classification - refers to assigning or grouping of inmates according to their
respective sentence, gender, age, nationality, health, criminal records, among
others.

Commitment - means the entrusting for confinement of an inmate to a jail by a

competent court or authority, for purposes of investigating the individual's offense
or transgression of the law.

Community Continuum - refers to the aftercare of a child in conflict with the law
and provides continuous guidance and support to the child in conflict with the law
upon release from rehabilitation and subsequent reintegration into society.
Community continuum for the child includes timely release, suitable residence,
food, clothing, available employment and sufficient means to facilitate successful
reintegration in local government unit and other appropriate agencies.

Community Service - generally involves public service for nonprofit organization.

It is also a penalty for criminal actions that requires offenders to personally "pay
back in time and effort, by working for a not-for-profit agency.

Community-Based Corrections - a broad term encompassing a variety of

correctional programs and strategies that draw on resources in the community to
assist offenders and reintegrate them back into the community

Community-Based Programs - refers to the programs provided in a community

setting developed for purposes of intervention and diversion, as well asrehabilitation of the child in
conflict with the law, for reintegration into his/her
family and/or community.

Comparative Criminal Justice - the act of investigating, evaluating, and comparing

the criminal justice processes of more than one country, culture, or institution

Competent Authority - refers the Supreme Court, Court of Appeals, Regional Trial
Courts, Metropolitan Trial Courts, Municipal Trial Courts, Sandiganbayan,
Congress of the Philippines, Commission on Elections, Bureau of Immigration
Board of Pardon and Parole, and other administrative bodies or persons authorized
by law to make arrest and commit a person to jail.
Complex Penalty -one which is composed of three (3) distinct penalties each
forming a period, the lightest of which shall be the minimum, the next shall be the
medium and the most severe the maximum

Conjugal Visit - prison program that allows inmates to receive private visits from
their spouses for the purpose of maintaining normal interpersonal relationships,
refers to the visit of the spouse of the detainee for the purpose of fulfilling marital
obligation.

Correctional Administration - is concerned with the management of adult and

juvenile offenders after they are convicted by the courts.

Correctional Facilities - usually small, minimum-security institutions that house

both men and women with the goal of normalizing the prison environment by
integrating the daytime activities of the sexes.

Counsel - an adviser, a person professionally engaged in the trial of management

of a case in court: a legal advocate managing a case at law; a lawyer appointed or
engaged to advise and represent in legal matters a particular client, public officer
or public body.
Crime - an act committed or omitted in violation of a public law.

Crime Scene - is the place from which most physical evidence associated with
the crime will be obtained.

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 Action - grounds for which the State prosecutes a person for an act or
omission punishable by law. Rules 110 to 127 of the Rules of Court generally
govern criminal actions.

Criminal Investigator - He is the skilled person who is charged with the duty of
conducting criminal investigation when a crime is committed.

Criminal Justice Process - the decision-making points from the initial

investigation or arrest by police to eventual release of the offender and his or her
reentry into society, the various sequential criminal stages through which the
offender passes.

Criminal Justice System - the aggregate of all the people and agencies that
perform criminal justice function Composed of police, prosecution, courts,
corrections and the community, they are also called the pillars of criminal justice.

Custodial Center - an institution secured by the PNP Units for the purpose of
providing short term custody of detention prisoner thereby affording his safety
and preventing escape while awaiting the court's disposition of the case or
transfer to appropriate penal institution.

Custodial Convenience - the principle of giving jailed inmates the minimum

comforts required by law in order to keep down the cost of imprisonment.
Custodial Investigation - commences when a person is taken into custody and
singled out suspect in the commission of a crime under investigation

Death Convict- refers to an inmate whose death penalty imposed by a Regional

Trial Court is affirmed by the Supreme Court en banc,

Delinquency Prevention - involves any non-justice program or policy designed to

prevent the occurrence of a future delinquency act.

Deprivation of liberty - refers to any form of detention or imprisonment, or to the

placement of a child in conflict with the law in a public or private custodial setting,
from which the child in conflict with the law is not permitted to leave at will except
by order of any judicial or administrative authority.

Desert-based Sentences - it is the principle of basing sentence length on the

seriousness of the criminal act and not on the personal characteristics of the
defendant or the deterrent impact of the law. Punishment based on what people
have done and not on what others may do or what they themselves may do in the
future.

Detention Home - a twenty-four-hour child-care institution providing short term

resident care for youthful offenders who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.

Detention Officer - is a Police Commission Officer (PCO) or police Non-

Commission Officer (PNCO) directly responsible for the administration and
management of the detention facility and the detainees housed therein.

Detention Prisoner - refers to a person arrested due to the commission of a

crime/offense by the arresting unit for custodial investigation. It likewise includes
persons arrested for crimes which are heinous in nature, crimes against national
security and high-profile crimes.

Determinate Sentence - it is a sentence with a fixed period of incarceration, which

eliminates the decision-making responsibility of parole boards.
Deterrence - punishment gives the offender lesson and warns the public that they
will suffer the same should they commit crime.

Developmental Level Child Witness Rule - the specific growth phase in which
most individuals are expected to behave and function in relation to the
advancement of their physical, socio-emotional, cognitive, and moral abilities.

Discernment - means the capacity of the child at the time of the commission of
the offense to understand the differences between right and wrong and the
consequences of the wrongful act

Disposition Conference-it is a meeting held by the court with the social worker
who prepared the case study report, together with the child in conflict with the
law and the parents or guardian ad litem, and the child's counsel for the purpose
of determining the disposition measures appropriate to the personal and special
circumstances of the child.

Diversion -refers to an alternative, child-appropriate process of determining the

responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings.

Diversion Program - refers to the program that the child in conflict with the law
is required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings.

Entry of Judgment - if no appeal or motion for new trial or reconsideration has

been filed on time, the judgment or final order rendered by the court becomes
final and executory, and should immediately be entered by the clerk of court
through a motion for its entry by the prevailing party, and the date of finality of
the judgment or final order shall be deemed to be the date of its entry.

Evidence - is the means, sanctioned by the Rules of Court, of ascertaining in a

judicial processing the truth respecting a matter of fact.

Expedited Transfer of a Child - is a process where the apprehending officer or

private individual immediately brought a child who commits an offense to a social
worker for preliminary determination of discernment.

Expiation - as distinguished from retribution, is punishment carried out publicly

to appease society where punishing the offender gives the community a sense of
moral superiority.

Final Judgment - a judgment which finally disposes of, adjudicates, determines

the rights of the parties in the case, not yet final and executory pending the
expiration of the reglementary period to appeal, where execution cannot yet be
demanded by the winning party 35 a matter of right.

Fugitive from Justice - which under the Rules and Regulations Implementing the
Local Government Code, refers only to a person who has been convicted by final
judgment in an inordinate and undue circumscription of the law.

Guardian Ad Litem - a person appointed by the court where the case is pending
for a child who is a victim of, accused of, or a witness to a crime to protect the
best interests of the said child.

House Arrest - the incarceration sentence that uses the offenders' residence as
the place of punishment. The offender is required to stay at home during specific
periods of time monitoring is done by random phone calls and visits or by
electronic devices.

In Conflict with the Law – means to take into custody, detained, or charged with
the commission of an act defined and punished as a crime or offense under the
law, including violations of traffic laws, rules and regulations, and ordinances of
local government units.

Incarceration Sentences - include shock incarceration, placing offenders in

confinement for a set period and then releasing them to serve probation,
confinement in jail and confinement in prison. The four basic types are:
indeterminate discretionary determinate presumptive, and mandatory
information - an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed in the court.

Initial Contact with the Child - refers to the apprehension or taking into custody
of a child in conflict with the law by law enforcement officers or private citizens.
It includes the time when the child alleged to be in conflict with the law receives
a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6/a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation or where there is no necessity
to place the child alleged to with the law under immediate custody.
Inmate Social Code - the informal set of rules that govern inmates while in prison.
Instrument of Restraint - a device, contrivance, tool or instrument used to hold
hack, keep in check or control inmates; e.g. handcuffs.
Insular Prisoner - one who is sentenced to a prison term of three (3) years and
(1) day to death.

Intake Report -is the initial written report containing the personal and other
circumstances of a child in conflict with the law prepared by the social worker
assigned to assist the child entering the justice system.
Intermediate Sanctions - refers to the continuum of increasingly restrictive
correctional alternatives between standard probation and incarceration.

Intervention - refers to a series of activities which are designed to address issues

that caused 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 psycho-social well-being.

Intervention Programs - refer to a series of individualized treatment activities or

programs designed to address issues that caused the child to commit an offense.
These may include counseling, skills, training, education, and other activities that
are aimed to improve and enhance the child's psychological, emotional and
psychosocial well-being.

Interview - means the simple questioning of a person who cooperates with the
investigator These are the witnesses who voluntarily give their accounts about
the commission of a crime.

Involuntary Servitude-denotes a condition of enforced, compulsory service of one

to another no matter under what forms such servitude may be disguised.
Involuntary servitude is a condition where one is forced to work for another
against his will and whether he is paid or not.

Jurisdiction - means fundamentally, the power or capacity given by the law or

constitution to a court or tribunal to entertain, hear and determine certain
controversies. In criminal cases, jurisdiction is the authority to take cognizance of
a criminal offense and to impose the penalty prescribed by law after a proper trial.
Just Desert - the philosophy of justice that asserts that, those who violate the
rights of others deserve to be punished. The severity of punishment should be
commensurate with the seriousness of the crime.

Juvenile Justice and Welfare System - refers to a system that deals with children
at risk and children in conflict with the law, provides child-appropriate
proceedings, including programs and services for prevention, diversion,
rehabilitation, re integration and aftercare to ensure their normal growth and
development,

Mandatory Release - a method of prison release under which an inmate is released

after serving a legally required portion of his or her sentence, minus good-time
credits.

Mark System - a system whereby prisoners could earn points (marks for good
behavior, thereby shortening their sentence, or gain marks for bad behavior,
lengthening their sentence.

Miranda Doctrine - a principle on the rights of a suspect from forced self-

incrimination during police interrogation as enshrined in the 1987 Philippine
Constitution's Bill of Rights (Article III, Sec. 12)

Mittimus - is a process issued by the court after conviction to carry out the final
judgment, such as commanding a prison warden to hold the accused in accordance
with the terms of the judgment.

Non-Incarceration Sentences - include fines, restitution or victim compensation,

probation, home confinement or house arrest, electronic monitoring and
community services.

Non-Serious Offense - refers to an offense where the imposable penalty for the
crime committed is not more than six (6) years imprisonment.

Offended Party - is the person who is entitled to civil indemnity in the civil action
arising out of the criminal act for which the accused is charged.

Peacemaking Criminology - an approach that suggests that the solution to all

social problems, including crime, is the transformation of human being, the
creation of communities of caring people, and universal social justice.

Preventive Detention - the incarceration of a defendant prior to trial because the

court decides that the defendant is a danger to the community.

Prison Gang - an exclusive and surreptitious group of disruptive inmates who aim
to control their environment by engaging in intimidating and threatening behaviors,
they are also involved in criminal activity.

Prison Psychosis - a disorder where an offender enters the correction system

with no evidence of mental problems but because of an inability to cope with the
rigors of confinement. deteriorates to a point where he or she becomes mentally
ill.
Prison Record - refers to information concerning an inmate's personal
circumstances, the offense he committed, the sentence imposed, the criminal case
numbers in the trial and appellate courts, the date he commenced service of his
sentence, the date he was received for confinement, the place of confinement, the
date of expiration of his sentence, the number of previous convictions, if any, and
his behavior or conduct while in prison.

Prisonization - socialization that occurs in prison and serves to draw the offender
away from the values and norms of the community into an antisocial mindset.

Protection - by segregating, criminals are being protected from further harm by

criminals.

Protective Security - the segregations of inmates for their own safety

Reformation - rehabilitating/transforming of a convict into becoming a law-abicing
citizen upon reentry into the mainstream of the society.

Rehabilitation - a purpose of criminal sanctions or punishment whereby offenders

should be transformed into law-abiding persons through programs of medical,
physiological. economic, or educational improvement.

Reintegration - the process of rebuilding former ties to the community and

establishing new ties after release from prison.

Reparation - compensation; punishment serves to repay society for the damage

done by the convict.

Restitution - reimbursement to the victim made by the offender, most often with
money though occasionally with services.

Restorative Justice (RI) - refers to a principle that requires a process of resolving

conflicts with the maximum involvement of the victim, the offender and the
community. It seeks to obtain reparation for the victim; reconciliation of the
offender, the offended and the community; and reassurance to the offender that
he/she can be reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention strategies.
Restorative Justice seeks to use a balanced approached involving offender,
victims, local communities and government in alleviating crime and violence and
obtaining peaceful communities.

Revenge - the punishment rationale expressed by the Biblical phrase, "An eye for
an eye, a tooth for a tooth." People who seek revenge to make offenders pay for
what they have done by making them suffer the same fate.

Revocation - repeal of a probation sentence or parole, and substitution of a more

restrictive sentence, because of violation of probation or parole conditions
.
Search warrant - is a written order in the name of the People of thit Philippines
signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.

Security Level - a designation applied to a facility to describe the measures taken,

both inside and outside, to preserve security and custody.

Security Officer - a properly trained officer whose appointment is covered by

appropriate orders with the concurrence of the Directorate for Intelligence and
possesses the following qualifications: 1) Cleared in accordance with provision of
PNPRG 200-012 dated 29 June 1991, for access to the highest classified material
nis office is authorized to handle; 2) possesses a certificate of training in a Regular
Security Course with PO patterned after an approval Security Training Course; 3)
Be conversant with the provisions of PNPRG 200-012 and all other publications
pertinent to the duties and responsibilities of a security officer.

Segregation - refers to the procedure where, upon initial contact with a child
alleged to have committed an offense, the law enforcer places the child in a
separate and different area from adult detention prisoners, and ensures that
female children are separated from male children.

Serious Offense - refers to an offense where the imposable penalty for the offense
committed exceeds six (6) years imprisonment.
Shared-Powers Management - prison administration seeks to involve correctional
staff and inmates in decision making

Shock Incarceration - an inmate is held in prison for a short time (the "shock"
typically 30 to 120 days, then released on parole: generally reserved for
nonviolent first-time offenders.

Sociological View of Punishment - it is a broad view of perceiving punishment as

a social institution.
Status Offenses - refers to offenses which discriminate only against a child, while
an adult does not suffer any penalty for committing similar acts. These shall
include curfew violations: truancy. parental disobedience and the like.

Subpoena - a writ issued under authority of a court to compel the appearance of

a witness at a judicial proceeding.

Summons -in criminal proceedings, a written order issued by a judicial officer

requiring a person accused of a criminal offense to appear in a designated court
at a specified time to answer the charge(s).

Suspended Sentence - is the holding in abeyance of the service of the sentence

imposed by the court upon a finding of guilt of the child in conflict with the law,
whereby the child undergoes rehabilitation within a fixed period under such terms
and conditions as may be ordered by the court.

Temporary-Release Programs - programs that allow jail or prison inmates to

leave their facility for short periods of time to participate in approved community
activities.

Third Generation Jails - used a modular configuration but removed physical

barriers between staff and inmates to allow for direct supervision and foster a
proactive management philosophy. it is also called new generation jails.

Venue - The place where an action must be instituted and tried; the place of trial.
Victimless Crimes - refer to offenses where there are no private offended parties.
Victimology - it is the study of victims and their interaction with offenders and
the criminal justice system.

Warnings - penalties provided at the adjudication stage by the judge and usually
accompanied by the threat of incarceration if the criminal behavior does not desist.
Warrant of Arrest - is an order in writing, issued in the name of the people of the
Philip pines, signed by the judge and directed to a peace officer, commanding him
to arrest a person designated therein, and to take him into his custody in order
that he may be bound to answer for the commission of an offense.

Weekend Jail - programs similar to work release programs except that offenders
need to report to the jail only on weekends, working and living in the community
during the week.
Witness - is one who, being present personally sees or perceives a thing, a
beholder, spectator or eyewitness. One who testifies to what he has seen or heard
or otherwise observed.
Work release - allows inmates to maintain or obtain employment in the community
while still serving their sentence, leaving only for work and returning to
incarceration every evening: also called work furlough, day pass and day parole.

Youth Detention Home - refers to a 24-hour child-caring institution managed by

accredited non-government units and licensed and/or accredited non-government
organizations providing short-term residential care for children in conflict with
the law and where the child may be physically restricted by order of any judicial,
administrative or other public authority, and from which the child is not permitted
to leave at will, pending court disposition of the charge or transfer to other
agencies or jurisdiction.

Youth Offender - a child, minor, or youth, including one who is emancipated in

accordance with law, who is over 9 years but under 18 years of age at the time
of the commission of the offense.
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
CD16 - TECHNICAL WRITING 2 REVIEWER

Investigation report
- is an objective statement of the investigator’s findings. It is an official record of the information
relevant to the investigation which the investigator submits to his superior.

Purposes of an Investigation Report:

a. Record – The reports provide a permanent official record of the relevant information obtained in the
b. course if the investigation.
b. Leads – The reports provide other investigators with information necessary to further advance their own
investigation.
c. Prosecution Action – The report is a statement of facts on which designated authorities may base a criminal,
corrective or disciplinary action.

Requisites of a Good Investigation Report:

a. Accuracy – The report should be a true representation of the facts to the best of the investigator’s ability.
b. Completeness – The question of “WHEN,” “WHO,” “WHAT,” “WHERE,” “WHY,” and “HOW?”
should be answered.
c. Brevity – irrelevant or unnecessary materials should be omitted.
d. Fairness – the investigator should take the facts as he finds them, and if ever he has theories,
it must be consistent with these facts.
e. Form and Style – The arrangement of the materials presented should be in a manner which will
make the report easy to read.
f. Prompt – The report must be completed in a timely manner.

Based on the initial investigation, the officer-on-case should prepare any

of the following Police Reports:
1. ALARM REPORT – for theft and robbery cases
2. ADVANCE INFORMATION – for crime against person like murder, parricide, homicide, etc.
3. CRIME REPORT – for all other cases like estafa, crimes against chastity, white slavery, etc.
4. INFORMATION REPORT – for some cases initially taken cognizance of by a police station but later
turned over to or found out to be handled by a special operating support unit.
5.The investigator should then take the sworn statements of the complainant(s), witnesses, and if possible,
suspect(s).
6. Invitations for suspect to appear before any investigating group should be signed by the Group Commander
and duly recorded in a book intended for this purpose.
7. A PROGRESS REPORT
- should be submitted by the investigator regarding the apprehension of suspects, recovery of evidence
and all other developments on the case.
8. Once suspect has been apprehended and duly investigated, the officer-on-case should prepare the
corresponding referral to the inquest fiscal/prosecutor for appropriate recommendation.
9. Before the investigator files the case with the Prosecutor’s Office, the case should first be endorsed,
thru channel, to the Legal Division for appraisal, evaluation, recommendation or legal advice
and such other legal measures as maybe necessary.
10.A final investigation report, using the format of the Progress Report, should be prepared by the investigator
in all cases involving high government agency or entity; big and essential case; or those involving
prominent personalities and those with insurance coverage.

CLASSIFICATION OF POLICE REPORTS:

1. Informal Reports
- It is usually a letter or memorandum, or any of one of the many prescribed in
day-today police operations. It customarily carries three items besides the text proper, i.e., date submitted,
and persons or person to whom submitted.
2. Formal Reports
- A formal report suggests the full-dress treatment, including the cover, title page, letter of transmittal,
summary sheet, text, appendices, and perhaps an index and bibliography.

Police Reports are also classified according to purpose:

1. Performance Report -It contains information as to the status of an activity or operation.
2. Fact-finding Report - It involves the gathering and presentation of data in logical order,
without attempt to draw conclusions.
3. Technical Report - It presents data on a specialized subject.
4. Problem-determining Report- It attempts to find out the causes of a problem or to find out
whether or not a problem really exists.
5. Problem-solution Report - It analyzes the thought process that lies behind the solution of a
particular problem. It may include all of the elements found in the other types of reports, including
presentation of data collected, discussion of possible solutions to the problem, and an identification
of the best solution.

CATEGORIES OF POLICE REPORTS:

1. Operational Reports
- Include those relating to the reporting of police incidents, investigations, arrests, identification of persons,
and miscellaneous reports necessary to the conduct of routing operations.
2. Internal Reports
-Relate to the reporting necessary to the management of the police organization and include financial reports,
personnel reports, purchase reports, equipment reports, property maintenance reports, and general
correspondence.
3. Technical Reports
-Present data on any specialized subject, but usually related to completed staff work, and add to the
specific knowledge necessary to proper management.

4. Summary-of-information
- Furnish intelligence information necessary to the solution of crimes, accidents, and police administrative
problems.

OTHER REPORTS TO BE PREPARED BY THE INVESTIGATOR:

1. Spot Report
-It refers to an immediate initial investigative or incident report addressed to the Higher Headquarters
pertaining to the commission of the crime, occurrence of natural or man-made disaster or unusual
incidents involving loss of lives and damage to properties.
2. After Operation Report
-It may be rendered after any successful police operation that yield to the arrest of any member or
some members of a syndicated crime group.
3. After SOCO Report
-It is rendered by the Team Leader of the SOCO who conducted the scene of the crime operations,
processing or investigation.
4. Case Operation Plan (COPLAN) Report
- It refers to a preparatory plan on how to carry out a case operation. Case operations refer to a definite
target-specific activity conducted in relation to an intelligence project under which it is put into effect.
5. Summary of Information (SOI)
- It is an intelligence report rendered regarding any illegal activity or violation of laws being observed
by intelligence operatives within a given area of responsibility.
6. Coordination Report
- It is used as a means of formal coordination to be made by the investigating agency with the police unit
or military unit having operational jurisdiction over the place where a police case operation shall be
conducted.
7. Background Investigation Report
- This intelligence report is very important in rendering the result of a background investigation on any
newly designated or appointed or assigned personnel of a uniformed unit.

OTHER TYPES OF POLICE REPORTS:

1. Spot Reports
- A spot report is done after an important incident occurs in a certain area at a given time. Verbal or written,
it must be done or acted upon within twenty-four hours.
2. Special Reports
- Special reports are done either because one feels he has some reporting to do, or lower police unit or
office is obligated based on the directive or an instruction from the higher offices.
3. Progress Report
- A progress report can simply be an accomplishment report which may be analytical in nature and
may be comparatively longer.
4. Investigation Reports
- In criminal investigations, the arrangement of the material presented in an investigation report
follows a certain pattern. The idea is for the report to be easily read.

5. Beat Inspection Report or After-Patrol Reports

- Beat inspection report is one of the most common forms of written communications. It is submitted
 daily by the duty beat supervisor.
6. Situation Reports (SITREP)
- The situation report is similar to the patrol report. Both are submitted every eight hours.
7. Formal Report
- Essentially, a formal report is a presentation of facts or ideas. Sometimes, this written work is lengthy.
A long, formal report usually contains the following basic part: Introduction, Summary, Body,
Conclusions, and Recommendations.

Record
- is oral or written evidence that have been gathered or collected for decision making.
Records
- refer to all papers, books, book maps, and photographs or other documentary materials regardless
of physical form or characteristics, made or received by law enforcement agency in pursuance of its legal
Obligations.

Records Management
- is a function of administrative management business operations and education concerned
with the creation (forms, reports, correspondence and directives), protection (housing and disaster
insurance), retention (inventories, schedule and center operations), retrieval (duplication and
location of information) preservation (history/archives) of records and records information
required for the continuance of government, business and industry operations at cost consistent
with the services involved.

Records Center
- is facility, sometimes specially designed and constructed for the low-cost and efficient storage and
furnishing or reference service on semi-current/non -current records with suitable protection
pending their ultimate disposition.

Records Office
- is the local point of the agency where records are received, released and maintained for future use.

Records Custodian
- is a qualified officer who shall coordinate across the department lines on their records activities
and shall have the responsibility and control of all the records holding of the agency
in her/his possession.

File
- is a folder containing records.

Coding System
- is used to speed the sorting and filing of records. Retention Period is the specific period of time
established and approved by competent authority after which a given set of files is deemed
ready to permanent storage of destruction.

Indexing Records
- is the act of determining the subject of subjects, which may be the names of individuals, names
of functions, or names of topics under which the records are to be filed and cross-referred
according to an established plan for files.
-
Types of Police Records
a. Case Records
b. Arrest and Booking Records – This record maintains the arrest and jail booking report which is required
for all persons arrested.
c.Identification Record - It is the third major division of police records. Fingerprint records are the heart of any
identification system.
d. Administrative Records - These are records required in the management of the department's personnel
and designed to aid in assignments, promotion and disciplinary action.
e. Miscellaneous Records - These are records which are not related to recorded complaints
and investigationreports but are informational in character.

Class Records - It is the heart of any police records system.

Arrest and Booking Records

- These reports are required for all persons arrested. The following are
the different types of police reports included under the arrest and booking
records:
a. Arrest Report
b. Booking Report
c. Prisoner's Property Record

Basic Numbering System

The records control and audit system include:
1) Case Report Numbers - it is the primary control number for all police reports; it should be
issued at the time a complaint or call is received by the department, maintained through completion
of the case, and thereafter.
2) Arrest numbers (sometimes known as central booking numbers) - are issued to persons
actually arrested and booked.
3) Personal Identification Number-This number is issued only once to an individual
regardless of the number of times he is arrested.

Affidavit
- An affidavit is a written statement of facts voluntarily made by an affiant under an oath or
affirmation administered by a person authorized to do so by law.
Complaint
- A complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the
law violated. (Rule 110, Sec. 3, The Revised Rules of Criminal Procedure)
A testimony
 - is "evidence given by a competent witness under oath or affirmation,
- Generally, the function of a "witness" ("testis" in Latin) is to give testimonial evidence (or testimony)
in court.
Deposition
- is one of the modes of discovery available to the parties to a case as a means of informing
themselves of all the relevant facts.
- Generally, they are not meant to be a substitute for the actual testimony in open court of a
party or witness,

1. Depositions de bene esse: one filed after a case has already been filed in court, i.e to preserve
testimony in danger of being lost before the witness can be examined in court
Examples:
a) the witness scheduled to leave abroad with no possibility of returning
b) the witness is so sick and might die
2. Depositions perpetuam rei memoriam: one taken in anticipation of a case not yet filed in court

Search warrant
– A search warrant is an order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.

What is the concept of a search warrant?

- It is a criminal process akin to a mode of discovery
- It is a special and peculiar remedy, which is drastic in nature

Are search and seizures prohibited under the constitution?

- No. The constitutional guarantee embodied in Article 3, Section 2 of the Constitution is not a blanket
prohibition against all searches and seizures as it operates only against unreasonable searches
and seizures

A preliminary investigation
- is an inquiry or proceeding to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
- is the proceeding where the public prosecutor is given broad discretion to determine whether
probable cause exists for the purpose of filing a criminal information in court. This is an
executive determination of probable cause.

Who are the officers authorized to conduct preliminary investigations?

The following may conduct preliminary investigations:
1. Provincial or City Prosecutors and their assistants;
2. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.
How shall preliminary investigation be conducted?
-Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss
it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent
attaching to it a copy of the complaint and its supporting affidavits and documents.

What happens if there is no probable cause?

- The investigating prosecutor shall recommend the dismissal of the complaint if he finds
no cause to hold the respondent for trial.
What happens if there is probable cause?
-If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information.
-Within five (5) days from his resolution, he shall forward the record of the case to the provincial or
city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses
cognizable by the Sandiganbayan in the exercise of its original jurisdiction.

Is hearsay evidence admissible in Preliminary Investigation?

-“Probable cause can be established with hearsay evidence, as long as there is substantial basis for
crediting the hearsay. Hearsay evidence is admissible in determining probable cause in a preliminary
investigation because such investigation is merely preliminary, and does not finally adjudicate rights and
obligations of parties.”

What is a motion for reconsideration?

- A motion for reconsideration is a prime opportunity to seek relief from a Court Order.
RULE 52, Rules of Court – Civil Procedure

Motion for Reconsideration

Section 1. Period for filing. — A party may file a motion for reconsideration of a judgment or final
resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party.
Section 2. Second motion for reconsideration. — No second motion for reconsideration of a judgment or
final resolution by the same party shall be entertained.
Section 3. Resolution of motion. — In the Court of Appeals, a motion for reconsideration shall be
resolved within ninety (90) days from the date when the court declares it submitted for resolution.
Section 4. Stay of execution. — The pendency of a motion for reconsideration filed on time and by
the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered
unless the court, for good reasons, shall otherwise direct.

Where does one file an appeal?

- If the case was decided by the MTCs, the appeal should be made with the RTC
- If the case was decided by the RTCs, the appeal should be made with the CA or SC in proper
cases provided by law
- If the case was decided by the CA, the appeal should be filed with the SC

notice of appeal
—a written document filed by the appellant with the
court and a copy of which is sent to the appellee—is the initial step in the
appeals process.

A Police blotter
- is a logbook that contains the daily registry of all crime incident reports, official summaries of arrest,
and other significant events reported in a police station.

PNP Crime Incident Reporting System (CIRS)

- an electronic reporting system that facilitates crime documentation, modernizes data storage
and provides quick and reliable transmission of crime information from lower units and NOSUs
of the PNP to the National Headquarters at Camp Crame, Quezon City.

Report
- defined as an account or statement describing in detail an event, situation or the like, usually as
the result of observation, inquiry, etc.

Leading Question
- suggest to the witness or accused the answers which the investigator desires.
Misleading Question
- is one which assumes as true facts not yet testified to by the witness or suspect or contrary to
that which he/she has previously stated whereby may be induced to give an answer which
appears to say more than he/she means.
CD16 - TECHNICAL WRITING 2 REVIEWER QUESTIONER

1.The report must be completed in a timely manner

a. Brevity
b. Conciseness
c. Prompt
d. Accuracy A ns. Prompt
2. It suggests the full dress treatment , including the cover , title page , letter of transmittal ,summary sheet ,
text , appendices and perhaps an index bibliography
a. Performance reports
b. Formal Reports
c. informal reports
d. internal reports Ans. Formal Report
3.It is an objective statement of the investigator findings .It is an official record of the information
relevant to the investigation which the investigator submits to his superior
a. record
d. Prosecution action
c. investigation report
d. Leads Ans . investigation report
4. It provides a permanent official record of the relevant information obtained in the course if the investigation
a. Record
b. Report
c. Blotter
d. information Ans. Record
5. Include those relating to the report of police incidents , investigation arrests, identification of person and
miscellaneous reports necessary to conduct of routing operation
a. Operational reports
b. Internal Reports
c. Technical Reports
d, Performance Report s Ans . Operational reports
6. It involves the gathering and presentation of data in logical order , without attempt to draw conclusion
a. Performance Report
b. Fact – finding Report
c. Technical Report
d. Problem – Determining Report Ans. Fact – finding Report
7.The Irrelevant or unnecessary material s should be omitted
a. form and style
b. fairness
c. Brevity
d. Accuracy Ans. Brevity
8.It is statement of facts on which designated authorities may base a criminal , corrective or disciplinary action
 a. Complaint
b. Prosecution Report
c. information
d. Affidavit Ans . b. Prosecution Report
9.It furnishes intelligence information necessary to the solution of crimes , accidents and Police administrative
problems
a. internal Reports
b. Technical Reports
c. Summary of information
d. Performance Report Ans . Summary of information
10. It Provides other investigation with information necessary to further advance their own investigation
a. record
b. Leads
c. information
d. Blotter Ans. Leads
11.It refers to immediate initial investigation or incident report addressed to the higher headquarters
pertaining to the commission of the crime , occurrence of natural or man made disaster or unusual
incidents involving loss of live and damage of properties
a. Sport Report
b. After Operation report
c. After SOCO Report
d. Progress Report Ans . Sport Report
12.One of the purpose of report writing is
a. To report upward for purposes of administrative control
b. Reports can be basis of research
c. A simple sentence can help emphasize a point
d. None of the above Ans. None of the above
13.It is usually a letter or memorandum , or any of one of the many prescribed in day to day police operation
a. Performance Report
b. Formal reports
c. Informal reports
d. Internal Reports Ans. Informal reports
14.It contains information as to the status of an activity or operation
a. Performance Report
b. Fact – Finding Report
c. Technical Report
d. Problem determining Report Ans . a. Performance Report
15.Its arrangement of the material presented should be in manner which will make the report easy to read
a. Form and Style
b. Fairness
c. Brevity
d. Accuracy Ans. Form and Style
16.It presents data on a specialized subject
a. Fact finding Report
b. Technical Report
 c. Problem Determining Report
d. Performance Report Ans . Technical Report
17.It may be rendered after any successful police operation that yield to the arrest of any member
or some members of syndicated crime group
a. Spot Report
b. After Operation Report
c. After SOCO Report
d. Progress Report Ans. After Operation Report
18.The report should be a true representation of the facts to the best of the investigators ability
a. Documented
d. Accuracy
c. Completeness
d. Form and Style Ans . d. Accuracy
19. They are qualified offices who shall coordinate across the department lines on their records activities
a. Staff custodian
b. librarian custodian
c. records custodian
d, Retention Period Ans. records custodian
20. This record maintains the arrest and jail booking report which is required for all person arrested
a. Arrest and Booking Records
b. Identification Record
c. Administrative Record Ans . a. Arrest and Booking Records
21.It refers to the local point of the agency where records are received , released and mainitained for
future use
a. Records Center
b. Records Office
c. Records Custodian
d. Coding System Ans . Records Office
22. It is the third major division of police records
a. Arrest and Booking Records
b. Identification Record
c. Administrative Records Ans . b. Identification Record
23.It is used to speed the sorting and filling of records
a. File
b. Coding system
c. retention Period Ans. Coding system
24. The number is issued only once to the individual regardless of the number of times he arrested
a. Arrest numbers
b. Personal Identification number
c. case report number Ans. b. Personal Identification number
25. It should be assigned by the dispatcher to traffic accidents as well as crimes and non criminal incidents
a. Arrest Number
b. Personal Identification Number
c. Case Report Number Ans. Case Report Number
26. It is the Primary control number for all Police reports
 a. Arrest Number
b. Personal Identification Number
c. Case Report Number Ans . Case Report Number
27.Is is a logbook that contains the daily registry of al lcrimes incident report , official summaries of arrest
a. Information
b. Police records
c. Police Blotter Ans. Police Blotter
28. It is purely statutory and is not part of due process except when provided by law
a. Appeal
b. Motion of reconsideration
c, Preliminary investigation Ans. Appeal
29. A party may file motion for reconsideration of a judgment or final resolution within how many days
a. 20 days
b. 15 days
c. 90days Ans. b. 15 days
30. What kind of deposition is the witness scheduled to leave abroad with no possibility of returning
a. Deposition de bene esse
b. Deposition perpetuan rei memorian
c. Deposition in curiam Ans . Deposition de bene esse
31.It is a written statement of facts voluntarily made by an affiant under an oath or affirmation
administrated by person authorized to do so by law
a. Complaint
b. testimony
c. Affidavit Ans. Affidavit
32. It is sworn statement charging a person with an offence subscribes by the offended party
a. Witnesses
b. testimony
c. complaint Ans . c. complaint
33.The proper officer who issues a warrant of arrest
a. Public Prosecutor
b. Chief of Police
c. Judge Ans c. Judge
34. A statement of the suspect directly acknowledging his guilt
a. Admission
b. Confession
c. Deposition Ans. b. Confession
35.It is inquiry or proceeding to determine whether there is sufficient ground of engender a well
founded belief that a crime has been committed and the responded is probably guilty thereof and should be held for
trial
a. Court hearing
b. Court trial
c. Preliminary Investigation Ans. c. Preliminary Investigation
36. In the court of Appeal the motion of reconsideration shall be resolved , how many days ?
a. 20 days
b. 15 days
 c. 90 days Ans . c. 90 days
37. If the right to appeal is granted by law, it become part of
a. Justice
b. Evidence
c. due process Ans. . due process
38. is the prime opportunity to seek relief from court order
A, Appeal
b. Motion for reconsideration
c. Preliminary investigation Ans. b. Motion for reconsideration
39. written document filed by the appellant with the
court and a copy of which is sent to the appellee—is the initial step in the
appeals process
a. Motion for reconsideration
b. . Notice of Appeal
c. Preliminary investigation Ans. . Notice of Appeal
40. It is a primary control number for all police reports
a. Arrest numbers
b. Personal Identification number
c. case report numbers Ans. c. case report numbers
Juver P. Manawat
Bachelor of Science in Criminology
ICCT Colleges –Main Campus
VICE AND DRUG EDUCATION REVIEWER

DRUG
- Is a chemical substance that brings about physical, physiological, behavioral and / or psychological
change in a person taking it.
Narcotic Drug
- A narcotic is any drug that produce sleep or stupor and also relieves pain
- Legally, The term means any drug defined as such under the 1961 convention

Cannabis
- is a plant bush growing widely throughout the temperate and the tropical zone world.

OPIUM
- Means the coagulated juice of the opium poppy.
- OPIUM POPPY means the plant of the species “Papaver Somniferum”
- CERTAIN STREET NAMES
Chandoo , Dopium ,Zero, Aunt,
Hops, Ope,BigO, Toxy,Joy Plant
PREPARED OPIUM
- Is a sticky dark product obtained as a result of various treatment of raw opium.

MORPHINE
- Alkaloid of opium and of poppy straw. Morphine is an alkaloid manufactured from raw opium
or extracted directly from poppy straw.
- During world war it is also known as soldier’s disease
HEROIN
- Is a semi-synthetic opiates synthesized from morphine
COMMON STREET NAMES
Aries Aunt Boy Big
Chip Hazel Courage Pill Horse
Girl Junk Witch Stuff
SYNTHETIC NARCOTIC
- Is a group of potent analgesics (Pain Killers) with action similar to those of morphine but chemically
not related to it and of synthetic origin.

COMMON SYNTHETIC NARCOTICS

Dextropropoxyphene -is a mild narcotic analgesic, less potent than codeine,
and closely related to methadone in chemical structure. The l-isomer has virtually
no narcotic effects and is used as an antitussive (cough suppressant).
Fentanyl-are synthetic, short acting narcotic analgesics with action similar to
those of morphine but up to hundreds of times more potent.

COMMON LICIT/ ILLICIT FORMS

-Liquid pharmaceutical preparations for enjection

- COMMON STREET NAMES

• China white
• Poison
• Tango & Cash
• Goodfellas
• King Ivory
• Murder 8
• Jackpot
• TNT

METHADONE
- Is a synthetic narcotic analgesic used in the treatment of heroin addiction as a substitute drug.
COMMON STREET NAMES
• Dolophine
• Heptanon
• Polamidone
• Symoron
COCA
- Coca Bush” means the plant of any species of the genus Erythroxylon
COCAINE
- An alkaloids found in coca leaves or prepared by synthesis from cegonine. It is
an odorless crystalline powder that is prepared from coca paste.

BARBITURATES
- Are the most common example of a class drug known as sedative
hypnotics. These drug acts as central nervous system ranging from sedation through
hypnosis to general anesthesia.
Amphetamines
- are stimulant drugs, which means they speed up the messages
travelling between the brain and the body.

Shabu - Methamphetamine Hydrochloride street names

HALLUCINOGENS
-are a class of drugs that cause hallucinations—profound distortions in a
person’s perceptions of reality.
COMMON HALLUCINOGENS
1. AYAHUASCA
- Sometimes called hoasca, aya, and yage, ayahuasca is brewed from plants containing DMT along
with an Amazonian vine that prevents the normal breakdown of DMT in the digestive system.
It is usually consumed like tea.
2. DMT
- Dimethyltryptamine, also known as Dimitri, is a natural chemical found in some Amazonian
plant species, but it can also be chemically synthesized. It usually comes as a white,
crystalline powder that is vaporized or smoked in a pipe or bong.
3. LSD
- D-lysergic acid diethylamide (LSD) is a manmade chemical made from ergot, a fungus
that grows on certain grains. It is probably the most powerful hallucinogen available, producing
4. MARIJUANA
- The active ingredient in marijuana is delta-9 tetrahydrocannabinol or THC, which acts on
cannabinoid receptors found in brain regions that influence learning, memory, appetite, coordination,
and pleasure.
5. MESCALINE
- A natural substance found as the main ingredient in the peyote cactus. The top of the spineless
peyote cactus plants has disc-shaped "buttons" that contain mescaline.
6. PCP
- is a dangerous manmade substance that was originally developed as an anesthetic but was
discontinued for human use in 1965 due to side-effects.
7. PSILOCYBIN
- A natural substance that is found in hallucinogenic mushrooms that contain psilocybin and psilocin.

MEDICINE DRUGS
- A substance which when taken into the human body cures illness and/ or relieves signs/
symptoms of disease.

DANGEROUS DRUGS
- A substance affecting the central nervous system which when taken into the human body brings
about physical, emotional or behavioral changes in a person taking it.

CLASSIFICATION OF DRUGS

a. Natural Drugs
- Are active ingredients, secondary metabolic products of plants and other living systems that may
be isolated by extraction.

Examples:
Raw opium
Marijuana
Coca Bush
b. Synthetic Drugs
- Are artificially produced substances, synthesized in the laboratory for the illicit market, which
are almost wholly manufactured from chemical compounds in illicit laboratories.
Examples:
Methamphetamine
Barbiturates

R.A. 9165 - (Comprehensive Dangerous Drug Act of 2002)

P.D 1619(Volatile Substances)
- An act penalizing the use or possession or the unauthorized sale to minors of volatile substances
for the purpose of inducing intoxication or in any manner changing, distorting, or distributing the auditory,
visual or mental processes.
R.A. 6425 - otherwise known as The Dangerous Drug Act of 1972

Narcotic Substance
-Any drug that produces sleep or stupor and also relives pain (Medical)
-Depress the central nervous system to produce a marked reduction in
sensitivity to pain, create drowsiness and reduce physical activity

Psychotropic Substance
=Any substance natural or synthetic or any natural material that have a
high potential for dependence and abuse.

Designer Drugs
-Substance chemically related to but slightly different from controlled substance.

STIMULANTS
- Are drugs which increase alertness of physical disposition.
Examples:
1. Amphetamine
Street Name: Eye Opener, Lid Poppers, Pep Pill
2. Shabu (Methamphetamine Hydrochloride) - Street Name: Poor Man’s Cocaine, S,
Shabs, ubas, siopao, ice,

HALLUCINOGENS
-Are drugs which affect sensation, thinking, self-awareness and emotion.
-Changes in time and space perception, delusions (false beliefs) and hallucinations may be mild or
overwhelming, depending on dose and quality of drugs.

1. Ecstacy
- Street Name: Adam, E, essence, herbal
2. Marijuana
- Street Name: Mary Jane, pampapogi, damo, tea, pot

Depressants
 - Are drug which depress or lower the function of the Central Nervous System.
TYPES OF DEPRESSANTS:
a. Narcotics
-A drug which induce sleep (Hypnotic) or stupor and relieves pain
(Analgesics)

Example of Narcotics:
1. Codeine
- Street name: School Boy
2. Heroin
-It is an alkaloid derives from morphine, white off white or brown crystal powder.
3. Morphine
-Principal active component in opium; white crystalline powder, light porous cubes, small white tablets

Sedatives and Hypnotics

-Calm nerves, reduce tension and induce sleep.

VOLATILE SUBSTANCES
Inhalants
-these are any liquid, solid or mixed substance that has the property of releasing toxic (psychoactive)
vapors or fumes

Dangerous Drug
-Is a substance affecting the central nervous system which when taken into body brings about physical,
emotional or behavioral changes in a person taking it.
-It is a substance which when taken into the human body alters mood, perception, feeling and behavior.

Under R.A. 6425, otherwise known as the Dangerous Drug Act. of 1972, dangerous
drug are classified into 3 main categories, namely:
- Prohibited Drugs
- Regulated Drugs
- Volatile Substance

Under R.A 9165 also known as the Dangerous Drug Act. Of 2002,
Article II – Unlawful Acts and Penalties

SEC. 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
— The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity
and purity involved
- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import any controlled precursor and essential chemical.
- The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a “protector/coddler” of any
violator of the provisions under this Section.

SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
— The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.
- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential
chemical, or shall act as a broker in such transactions.

SEC. 6. Maintenance of a Den, Dive or Resort.

— The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person or group of persons
who shall maintain a den, dive or resort where any dangerous drug is used or sold in
any form.
- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is allowed
to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the penalty of death and a fine ranging from One
million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed on
the maintainer, owner and/or operator.

SEC. 7. Employees and Visitors of a Den, Dive or Resort.

— The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
(b) Any person who, not being included in the provisions of the next preceding
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same.

SEC. 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
— The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall engage in the manufacture of any dangerous drug.
- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall manufacture any controlled precursor and essential chemical.

SEC. 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.

— The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall illegally divert any controlled precursor
and essential chemical.

SEC. 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other

Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
— The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person who shall deliver, possess with intent to deliver, or manufacture with intent
to deliver equipment, instrument, apparatus and other paraphernalia for dangerous
drugs, knowing, or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

SEC. 11. Possession of Dangerous Drugs.

 — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or “shabu”;
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDMA) or “ecstasy”, paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements

SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs.
— The penalty of imprisonment ranging from six (6) months and one (1)
day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by
law, shall possess or have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting,
or introducing any dangerous drug into the body: Provided, That in the case of medical
practitioners and various professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe
the necessary implementing guidelines thereof.

SEC. 13. Possession of Dangerous Drugs During Parties, Social Gatherings or

Meetings.
— Any person found possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company of at least two (2) persons,
shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of
the quantity and purity of such dangerous drugs.

SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings.
— The maximum penalty provided for in Section 12 of this Act shall be
imposed upon any person, who shall possess or have under his/her control any
equipment, instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or introducing any dangerous drug into
the body, during parties, social gatherings or meetings, or in the proximate company of
at least two (2) persons.
SEC. 15. Use of Dangerous Drugs.
— A person apprehended or arrested, who is found to be positive for use of any dangerous drug,
after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation
in a government center for the first offense, subject to the provisions of Article VIII of this Act.
If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine
ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00): Provided, That this Section shall not be applicable where the person
tested is also found to have in his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the provisions stated therein
shall apply.

SEC. 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof.
— The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured or derived: Provided, That in the
case of medical laboratories and medical research centers which cultivate or culture marijuana,
opium poppy and other plants, or materials of such dangerous drugs for medical experiments
and research purposes, or for the creation of new types of medicine, the Board shall prescribe
the necessary implementing guidelines for the proper cultivation, culture, handling,
experimentation and disposal of such plants and materials.

DRUG IDENTIFICATION
-Is a branch of forensic chemistry that ideal with the scientific examination of
drugs and volatile substance

Two phases in the examination of confiscated Dangerous Drugs

1. Screening Test/ Preliminary Test (Also known as the color test)

- This test is nonspecific and preliminary in nature. It is employed to reduce
the family or group of drug to small and manageable number.
2. Confirmatory Test
- Confirmatory Test is the method employed to confirm the results of the
screening/ preliminary test. This test involves the application of analytical
procedure to identify the presence of a specific drug or metabolites.

Different Types of Tampered Urine Specimen

1. Adulterated – a specimen containing either a substance that is not a normal
constituent for that type of specimen or containing an endogenous substance
at a concentration that is not a normal physiological concentration
2. Diluted – refers to a specimen with less than normal physiological
constituents
3. Substituted – a specimen which has been derived through switching or
replacement of the original sample

Oral Ingestion
- The drug is taken by the mouth and must pass through the stomach before being
absorbed into the bloodstream. This is the most common ways of taking drug.

Inhalation
- A drug in gaseous form enters the lungs and is quickly absorbed by the capillary
system. It is probably the second most commonly-used route of drug administration.

Injection
- The drug can be administered into the body by the use of a syringe or
hypodermic needle in the following ways:
a. Subcutaneous – a drug is administered by injecting the drug just below the surface of the skin.
This is sometimes called “ Skin Popping “
b. Intramuscular – administration involves the injection of a drug into a large muscle mass that
has a good blood supply, such as the gluteus maximus, quadriceps, or triceps.
.c. Intravenous – this is the most efficient means of administration which involves depositing
a drug directly into the blood stream. This is also the most rapid method of drug administration

Snorting
- Inhalation through the nose of drugs not in gaseous form. It is done by inhaling a
powder of a liquid drug into nasal coats of the mucous membrane.

Buccal
- Drug is administered by placing in the buccal cavity just under the lips. The active
ingredients of the drug are absorbed in the blood stream through the soft tissues lining the mouth.

Suppositories
- Drug is administered through the vagina or rectum in a suppository form and the
drug is also absorbed into the blood stream.

Drug paraphernalia
- is a term, to denote any equipment, product or accessory that is intended or
modified for making, using, or concealing drugs, typically for recreational purposes.
Drugs such as marijuana, cocaine, heroin, and methamphetamine are related to a wide
range of paraphernalia. Paraphernalia generally falls into two categories: user-specific
products and dealer-specific products.

Marijuana Bongs
 - Marijuana Bongs are water pipes for smoking marijuana. The smoke is filtered through the
water before it is inhaled.
Marijuana Bubbler
- A Marijuana Bubbler is a combination of a pipe and a bong, filters the smoke through water
but is usually smaller and easier to carry than a bong. They are typically made of glass.
Marijuana Grinder
- A Marijuana Grinder is a metal or sometimes wooden device that breaks up the marijuana
flower and stems so that it can be rolled or packed into a joint, blunt or bowl.
Marijuana Vaporizers
- Marijuana Vaporizers come in different sizes. Portable ones are called vape pens. Some can
take concentrates and others use the actual plant, both heat the drug and turn it into a
vapor that is to be inhaled.
Marijuana Dabbing
- Marijuana Dabbing is a newer way to consume concentrates, it is similar to freebasing in other drugs.
The user will heat up the concentrate a heating plate of a device until it becomes vaporized and then inhale the
concentrated drug. It is extremely potent and can be dangerous.

VICE AND DRUG EDUCATION QUESTIONER

1.Poor man’s Cocaine is street name of what drug

a. Methaphetamine Hydrochloride
b. Cocaine
c. Heroin Ans. Methaphetamine Hydrochloride

2. A kind of drugs that cure the illness and relieve signs and symptoms when taken
a. Natural Drugs
b. Medicine Drugs
c. Dangerous Drugs Ans. b. Medicine Drugs
3. Drugs that increase alertness of Physical disposition
a. Depressants
b. Sedative
c. Stimulants Ans. Stimulants
4. Are Drugs which depress or lower the function of the Central Nervous System
a. Depressants
b. Sedative
c. Hallucinogens Ans. a. Depressants
5. These are any liquid , solid or mixed substances that has property of releasing toxic vapor or fumes
a. Alcohol
b. Sedative
c. Inhalants Ans. c. Inhalants
6. The most rapid method of drug administration
a. subcutaneous
b.Intravenous
c. Intramuscular Ans. b.Intravenous
7.A substance affecting the central nervous system which when taken into the human body brings
about physical , emotional and behavioral changes in person taking it
a. Natural Drugs
b. Dangerous Drugs
c. Medicine Drugs Ans . Dangerous Drugs
8. Below are the list of Street names of Marijuana except
a. Mary Jane
b. Damo
c. Good Boy Ans . Good Boy
9. Drugs that found in cough syrups
a. Morphine
b. Heroin
c. Codeine Ans. Codeine

10. It is an alkaloid derived from morphine’s , white off white or brown crystal powder
a. Morphine
b. Heroin
c. Sedatives Ans. Heroin
11. Which of the following example of synthetic drugs
a. Coca Bush
b. Marijuana
c. Barbiturates Ans. Barbiturates
12. It is a branch of Forensic Chemistry that deal with the scientific examination of drugs and
volatile substances
a. Drug Usage
b. Drug Education
c. Drug Identification Ans. Drug Identification
13. Examples of Narcotic Drugs are listed below except
a. Morphine
b. Heroin
c. Ecstasy Ans. Ecstasy
14. A kind of Drugs affect the sensation , thinking , self awareness and emotion
a. Ecstasy
b. Shabu
c. Hallucinogens Ans . Hallucinogens
15. Any substance natural or synthetic or any material that have high potential for dependence and abuse
a. Natural Drugs
b. Designer Drugs
c. Psychotropic Substances Ans . Psychotropic Substances
16. Substance Chemically related to but slightly different from controlled substance
a. Natural Drugs
b. Designer Drugs
c. Psychotropic Substances Ans . Designer Drugs
17. Drugs is administered by placing in the buccal cavity just under the lips
a. Snorting
b. Injection
c. Buccal Ans . Buccal
18. Drugs that calm nerves , reduce tension and induce sleep
a. Alcohol
 b. Heroin
c. Sedatives and Hypnotics Ans . Sedatives and Hypnotics
19. Process wherein the drug in gaseous from enters the lungs and is quickly absorbed by the
capillary system.
a. Oral injection
b. Inhalation
c. Suppositories Ans. Inhalation