CHAPTER ONE

INTRODUCTION TO CRIMINOLOGY

DEVELOPMENT OF CRIMINOLOGY
The discipline of criminology has evolved in three phases, beginning in the
18th century. Although crime and criminals have been around for as long as
societies have existed, the systematic study of these phenomena did not begin until
the late 1700s. Prior to that time, most explanations of crime equated it with sin –
the violation of a sacred obligation.
The first phase involved when scholars first distinguished crime from sin,
they made possible explanations of criminal behavior that were not theological
(religious). This, in turn, allowed for the dispassionate, scientific study of why crime
occurs. The development of this study is now known as the era of classical
criminology.
The second phase, which began in the 19th century, is referred to as modern
criminology. During this era, criminology distinguished itself as a subspecialty within
the emerging disciplines of psychology, sociology, and economics. Scholars formed
criminological societies and founded criminology journals. Criminologists conducted
empirical tests (observations or experiments) of their theories, rather than relying
solely on speculation, and consequently developed a wide range of theories.
The third phase, beginning in the second half of the 20th century, may best
be called independent criminology. During this period, criminology began to assert
its independence from the traditional disciplines that spawned it. In Western
Europe, the United States, and Canada, criminologists expanded their professional
associations and published an increasing number of journals. A number of
universities developed graduate programs in criminology. Criminological theories
have become more multidisciplinary (spanning various fields of study) because
independent criminologists seek to understand crime itself rather than study crime
as one aspect of an overall sociological or psychological theory.

THE GOALS OF CRIMINOLOGY

The classical criminologists of the 18th century were primarily concerned with
ending brutality and inequality against criminals by enforcing limitations on
government power. They believed that criminal behavior was the product of the
offender’s rational choice, and that crime could be prevented through the speedy
and certain application of penalties that attached painful and unattractive
consequences to such behavior.
Beginning in the era of modern criminology, the emphasis of the discipline
shifted. Criminologists sought to develop theories to explain why crime occurred.

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They no longer relied as strongly on explanations of crime based on the offender’s
rational choice. Instead, they attributed criminal behavior to the motivation to
commit crime and the social context that allows people to pursue criminal
inclinations.
Contemporary scholars believe that criminal motivation is the product of one
or more of a complex set of factors. These factors are so numerous and so varied
that no system of classification can describe the current theories of crime causation
with complete accuracy. However, broadly speaking, these theories may be
considered in one of the following three categories: (1) theories attributing criminal
behavior to biological or congenital (inherited) defects of the offender, (2) theories
relating crime to psychological factors or mental disorders, and (3) theories relating
crime to environmental or social factors. Many criminologists have suggested
theories of multiple causation involving factors from more than one of these
categories.

IMPORTANCE AND PURPOSES OF STUDYING CRIMINOLOGY

Studying crime is very important, not only to criminologists. Criminologists
and non-criminologists study crime because of various reasons. If we generalize
these, they fall on any of these reasons:
1. Criminology can be a source of philosophy of life. The knowledge derived from
studying crime is a good foundation for an individual’s philosophy and lifestyle.
2. Criminology is a profession not only for social service but for legal practice as
well.
3. People, study criminology because criminals are legitimate object of interest.
They should be understood in order to know how to control them.
4. Authorities should know a bit of criminology because crime is a very expensive
problem of the society. The value of property lost, medical expenses,
insurances, moving costs, and intangible costs of pain and suffering is too high
as a result of victimization.
Studying criminology is aimed towards the following:
1. The primary aim is to prevent the crime problem.
2. To understand crimes and criminals which is basic to knowing the actions to be
done to prevent them?
3. To prepare for a career in law enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees and due process
of law in the administration of justice.
5. To foster a higher concept of citizenry and leadership together with an
understanding of one moral and legal responsibilities to his fellowmen, his
community and the nation.

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 In reality, there are many and varied purpose of studying criminology.
However, all these purposes fall on either of the two (2) primary aims of studying
criminology.
1. To understand crimes and criminals.
2. To prevent the occurrence of crime.

Criminology is the scientific study of criminals, criminal behavior, and its

causes. Criminologists attempt to build theories that explain why crimes occur and
test those theories by observing behavior.
Criminology is a body of knowledge regarding delinquency and crime as a
social phenomenon. It may also refer to the study of crimes and criminals and the
attempt of analyzing scientifically their causes and control and the treatment of
criminals.
Criminology is a multidisciplinary study of crimes. This means that many
disciplines are involved in the collection of knowledge about criminal action.

NATURE AND SCOPE OF CRIMINOLOGY

In 1889, an anthropologist named Paul Topinard, introduces the term
criminology in the English language. He derived the word from the Latin word
krimen, which can be translated to offense.
According to Prof. Cirilo Tradio, Criminology is a body of knowledge
regarding crime as a social phenomenon. The scope of Criminology covers:
1. The making of laws
2. The breaking of laws
3. The reaction towards the breaking of laws
Criminology is the study of crime and its various aspects. According to Edwin
Sutherland, it is the science regarding crime and delinquency as a social
phenomenon. This is a field that addresses the issue of crime and criminal behavior
and attempts to define explain and predict it.
Understanding crime is a complicated matter just like other social broad
sciences. It requires therefore a systematic and balanced knowledge in the
examination of why crime exists. In this sense, criminology is:
1. An Applied Science – anthropology, psychology, sociology and other natural
sciences may be applied in the study of the causes of crime while chemistry,
medicine, physics, mathematics, etc. may be utilized in crime detection.
2. A Social Science – in as much as crime is a creation of the society and that it
exists in a society, its study must be considered a part of social science.

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3. Dynamic – Criminology changes as social condition changes. That means the
progress of criminology is concordant with the advancement of other sciences
that has been applied to it.
4. Nationalistic – the study of crime must always conform to the existing criminal
law of the land.
Today, one more area of concern in Criminology is crime detection and
investigation. Criminologists are also engaged in studying the criminal things.
Forensic Science, sometimes referred to as Criminalistics, is therefore covered in
the broad field of criminology.

IMPORTANT AREAS IN THE DEVELOPMENT OF CRIMINOLOGY

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

Sub-Fields in Criminology
1. Sociology – (Sociological Criminology) – the study of crime focused on
the group of people and society as a whole. It is primarily based on the examination
of the relationship of the demographic and group variables to crime.
2. Psychology - (Psychological Criminology) - the science of behavior and
mental processes of the criminal. It is focused on the individual behavior-how it is
acquired, evoked, maintained, and modified. Both the environmental and
personality influences are considered, along with mental processes that mediate
behavior.
3.Psychiatry – (Psychiatric Criminology) – the science that deals with the
study of crime through forensic psychiatry, the study of criminal behavior in terms of
motives and drives that strongly relies on the individual.

SCHOOL OF THOUGHTS IN CRIMINOLOGY

1. CLASSICAL SCHOOL OF CRIMINOLOGY

- Advocated by Cesare Beccaria together with Jeremy Bentham.
- Maintains that man is essentially a moral creature with absolute freewill to
choose between good and evil therefore there is a place of criminal behavior
within him; that every man is responsible for his action.
- Men are rational being who has the freewill to choose between good and
evil.
CESARE BECCARIA
- Advocated the classical school of criminology
- Promoted the idea or principle of freewill

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 FREEWILL-
- The ability to choose between evil and good.
- The power of independent action and choice: the ability to act
or make choices as a free and autonomous being and not as a
result of compulsion or predestination of your own freewill without
being forced by somebody or something else.

JEREMY BENTHAM
- English jurist, Philosopher and prolific writer.
- Promoted the idea of Utilitarian Hedonism.

2. NEO-CLASSICAL SCHOOL OF CRIMINOLOGY

-the school of thought maintains that while classical school of criminology is
correct in general, it should be modified in certain details that children and lunatics
should not be regarded as criminal and free from punishment; it must take into
account some certain mitigating circumstances.
- Advocators of this school argued that freewill can be mitigated by
pathology, incompetence, and mental disorder.

3. POSITIVIST/ITALIAN SCHOOL OF CRIMINOLOGY

- Founded at the end of 19th century by Cesare Lombroso together with his
two disciples Enrico Ferri and Raffaele Garofalo.

CESARE LOMBROSO
- Father of Modern Criminology
- Promoted the idea of DETERMINISM as a way of explaining crime and
delinquency.
- His major contribution is the development of a scientific approach to the study of
criminal behavior and to reform the criminal laws.

ENRICO FERRI
-He was a student of Cesare Lombroso and was the best known Lombroso’s
associate.

RAFFAELE GAROFALO
- Follower of Lombroso, an Italian nobleman, magistrate, senator and
professor of law.
- Rejected the doctrine of freewill and supported the position that the only
way to understand crime is to study it by scientific methods.
- He coined the term Moral Anomalies

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 MORAL ANOMALIES- Tracing the roots of criminal behavior not to physical
features but to psychological equivalents.

The classical and Positivist School Compared

Classical School Positivist School

Legal definition of crime No to legal definition of crime

Punishment fit the crime Punishment fit the criminal

Doctrine of free will Doctrine of determinism

Death penalty allowed Abolition of death penalty

No empirical research Inductive method

Definite sentence Indeterminate sentence

PRINCIPAL COMPONENT OF CRIMINOLOGY

In studying criminology, there are three important components namely:
1. Criminal Etiology
Criminal Etiology involved the application of scientific analysis of the causes
of crime. An individual perpetrating a crime had no single reason; hence, there is no
single and only explanation of causes of crimes. A different theory has evolved in
studying the causes of crime such as Biological, Sociological, and Psychological
Theories.
2. Sociology of Law
Sociology of law entails the importance of law or the criminal law as a
process of formal social control. Criminal law seeks to protect the public from harm
by inflicting punishment upon those who are tempted to do harm. Thus, criminal law
often strives to avoid harm by forbidding conduct that may lead to harmful results.
3. Penology
Penology, the study of criminal punishment, is a sub-field of criminology.
Criminologists theorize about why people commit crimes and deviate from society’s
norms of behavior. They also study how society punishes criminals because
different methods of punishment may cause people to alter their behavior in
different ways. Thus, criminologists devise theories that not only explain the causes
of crime but also address its prevention, control, and treatment.
Today, one more are of concern in Criminology is crime detection and
investigation. Criminologists are also engaged in studying the criminal things.
Forensic Science, sometimes referred to as Criminalistics, is therefore covered in
the broad field of criminology.

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 CHAPTER TWO

CRIMINAL ETIOLOGY

WHAT IS CRIME?
In the legal point of view, it refers to any violation or infraction of the existing
policies, laws, rules, and regulations of the society.
- An act or omission in violation of law.

HOW ARE CRIMES COMMITTED UNDER THE RPC?

Crimes are committed by means of:
1. Dolo – deceit
2. Culpa – fault (when wrongful act results from imprudence, negligence,
lack of foresight or lack of skill)

Criminality is a serious problem. This may be explained by the following

characteristics of crime:
1. It does not respect age, sex, culture, customs and tradition, race, and religion of
the society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.
People cannot avoid offending others. Some offensive actions are considered
abnormal behavior while some are classified as crime. What therefore is the
requirement before an act is considered a crime? The following is the “Differentiae”
of crime:
1. An at maybe called crime if there is a certain external consequence or harm.
Physical injury is the most obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by law.
3. There must be a conduct; that is, there must be an intentional or reckless action
that results to harmful consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a causal relationship between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.

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

RELATIVITY OF CRIME
What are the changing concepts of crime and criminal laws?
1. Most of the existing laws define acts as crimes when some acts were not crimes
a few years ago.
2. Laws differ from jurisdiction to another and so with acts, which are considered as
crimes.
3. Interpretation and implementation of laws vary in terms of:
a. characteristics of crime c. status of offenders
b. age d. status of enforcers

GENERAL CLASSIFICATIONS OF CRIMES

1. As to atrocity
a. grave offense
b. less grave offense
c. minor or light offense
2. As to intent
a. crime mala in se – acts which are evil in themselves
b. crime mala prohibita – acts which are prohibited because the law has defined
it to be a crime.
3. As to Motive
a. economic crimes
b. sexual crimes
c. political crimes
4. As to Statistical Purpose
a. crimes against property
b. crimes against persons
c. crimes against morals
d. crimes against public order

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 e. crime against security
f. crimes against chastity
5. As to Penalty
a. crimes punishable by afflictive penalties
b. crimes punishable by correctional penalties
c. crimes punishable by light penalties

CRIMINOLOGICAL CLASSIFICATION OF CRIME

Crimes are classified in order to focus a better understanding on their
existence. Criminologists consider the following as criminological classification of
crimes.
1. Acquisitive Crime – when the offender acquires something as a consequence of
his criminal act.
2. Extinctive Crime – when the result of the criminal act is destruction.
3. Seasonal Crime – committed only at a certain period of the year.
4. Situational Crime – committed only when given a situation conducive to its
commission.
5. Episoidal Crime – these are committed by series of acts within a lengthy period
of time.
6. Instant Crime – committed the shortest possible time.
7. Static Crime – committed only in one place.
8. Continuing Crime – committed in several places.
9. Rational Crime – committed with intent; offender is in full possession of his
mental faculties.
10. Irrational Crime – committed without intent; offender does not know the nature
of his act.
11. White Collar Crime – committed by a person of responsibility in the course of his
occupation.
12. Blue Collar Crime – committed by ordinary professional to maintain their
livelihood.
13. Upper World Crime – committed by individuals belonging to the upper class of
society.
14. Under World Crime – committed by members of the lower or under privilege
class of society.
15. Crime by Imitation – “copycat” crime, committed by mere duplication of what
was done by others.
16. Crime by Passion – committed because of the fit of great emotion, such as
anger

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17. Occupational (service related) Crime – committed by rendering all service to
satisfy the desire of another.

OTHER CLASSIFICATION OF CRIMES

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

WHAT IS A VICTIMLESS CRIME?

Victimless crime refers to acts committed by consenting adults in private. In
victimless crimes, the acts involve only the participants and do not directly harm
others. Examples are: drug addiction, prostitution, and gambling.

WHAT ARE INDEX CRIMES?

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

WHAT IS CRIMINAL BEHAVIOR?

Criminal behavior is an intentional behavior that violates the criminal law.
Criminal behavior, therefore, is beyond normal behavior since it is used to describe
conducts or actions that do not belong to the standard behavior of man.
The criminal behavior systems of criminology involve research on specific
criminal types and patterns such as violent crimes, theft and other types.

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

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CLASSIFICATIONS OF CRIMINALS
Based on Etiology
1. Acute Criminal – one who violates a criminal law by impulse or due to fit of
passion.
2. Chronic Criminal – one who acted with deliberation or premeditation, one who
plans the crime ahead of time.
Based on Behavioral System:
1. Ordinary Criminal – considered as the lowest mammal in the criminal
profession; he was forced by opportunity pushed to commit crime.
2. Professional Criminal – one who is engaged in criminal activities with high
degree of skill; he uses crime to maintain a living

Based on Mental Attitude:

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

Other Classification of Criminals:

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

GENERAL APPROACHES IN THE STUDY OF CRIME

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

A. SUBJECTIVE APPROACHES

Subjective approaches deal mainly on the biological explanation of crimes.

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

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

B. OBJECTIVE APPROACHES

These approaches deal on the study of groups, social processes and

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

C. CONTEMPORARY APPROACHES

Criminologists today put emphasis on scientific explanation of crime and

criminal behavior. Contemporary approaches are focused on the psychoanalytical,
psychiatric, and sociological explanations of crime in an integrated theory.
Integrated theory is an explanatory statement that combines ideas or concepts from
different sources.
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1. Psychiatric Approach – cause of the criminal behavior, according to this
approach, is mental disease as diagnosed by a trained authorized person.
(Positivist Theory)
2. Psychoanalytical Approach – explanation of crime is based on the Freudian
Theory.
-This theory states that criminal behavior is caused by repression (suppression)
of the basic drives. (Freud’s Theory).
- The personality of a person consist of three (3) elements:
ID- part of the brain that urges desires and causes instinct.
Super Ego- Develop by societies moral pressures which is the conscience of
the individual and is constantly trying to suppress ID.
Ego- Constantly trying to achieve an acceptable balance between super ego
and ID.
3. Sociological Approach- Sociologist are trying to fins explanatory factors for
crime outside individual deviant.

1. Differential Association Theory (Edwin Sutherland) Criminal behavior is

learned through social interaction in the process of communication.

2. Differential Opportunity Theory (Lloyd Ohlin) - It explains that society

leads the lower class to want things and society does things to people.

3. Human Ecology Theory (Robert Ezra Park) - It maintains that crime is a

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

4. Social Class Conflict and Capitalism Theory (Karl Marx, Frederick

Engel and William Bonger) - It claims that the ruling class in a capitalist
society is responsible for the creation of criminal law and their ideological
bases in the interpretation and enforcement of their laws.

5. Subculture Theory (Albert Cohen) - He claims that the lower class cannot
socialize effectively as the middle class in what is considered appropriate
middle class behavior. Thus, the lower class gathers together to share their
common values forming a subculture that rejects middle class values.

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 CHAPTER THREE
VICTIMOLOGY

Benjamin Mendelsohn and Hans Von Hentig are considered as the fathers of
victimology.

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

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

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 CHAPTER FOUR
OVERVIEW OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

Criminal Justice System is the machinery used by the government to prevent

and control crimes. The Philippine Criminal Justice System is composed of five
pillars.

PILLARS OF THE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement
 It is the prime mover of the Criminal Justice System
 An agency of the government responsible in maintenance of peace and
order, protection of lives and properties, ensure public safety, enforcement of
laws and ordinances, apprehension of offenders, and investigation of cases.
2. Prosecution
 It is a process whereby accusations are brought before the court of justice.
3. Court
 It is a body vested with the power to try, hear and decide cases.
4. Correction
 It is considered as the weakest pillar of the Criminal Justice System.
5. Community

INTRODUCTION TO LAW ENFORCEMENT ADMINISTRATION

Police
An agency of the government responsible in the protection of lives and
properties, ensure public safety, maintain peace and order, enforcement of
laws and ordinances, apprehension of offenders and investigation of criminal
cases.
Organization
A group of persons with common goals and objectives.
Police Organization
A group of trained personnel working together to maintain peace and order,
ensure public safety and protect lives and properties.
Police Administration
It refers to the cooperative human effort to achieve organizational goals and
objectives.

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Legal Bases:
1. Republic Act No. 6975
It is otherwise known as the DILG Act of 1990 or the PNP Law of 1991.
It was signed into law on December 13, 1990.
It paved the way for the creation of the following agencies: Philippine
National Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail
Management and Penology (BJMP), and Philippine Public Safety College
(PPSC).
2. Republic Act No. 8551
It is otherwise known as the PNP Reform and Reorganization Act of 1998.
It was signed into law on February 25, 1998.
It provides for the reorganization of the Philippine National Police (PNP)
which is national in scope and civilian in character.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

Investigation
Systematic examination of facts and circumstances.
Search for truthful or factual information
It was derived from the Latin word “vestigare” which means to track or to
trace or to probe.
Criminal Investigation
A lawful search for people and things useful in reconstructing the
circumstances of a crime and the mental state accompanying it.
An art which deals with the identity and location of the offender and provide
evidence of his guilt in a criminal proceeding.
Criminal Investigation as an Art
It is an art because it is not governed by rigid rules or fixed legal procedures
but most often based on intuition and sometimes by chance.
Criminal Investigation as a Science
It is a science in the sense that it applies technical knowledge on forensic
sciences in identifying, locating, collecting, processing, or evaluating physical
evidence.
6 Cardinal Points in Criminal Investigation
1. What offense has been committed?
2. Where was the offense committed?
3. Who committed the offense?
4. When was the offense committed?
5. Why was the offense committed?
6. How was the offense committed?

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

TOOLS IN CRIMINAL INVESTIGATION

1. Information
Data gathered by an investigator from various sources such as persons
including the victim himself and from public records, private records and
modus operandi file.
2. Interview
Friendly and simple questioning of a person who is willing to divulge
information.
3. Interrogation
It is the skillful and vigorous questioning of a person who is reluctant to
divulge information.
4. Instrumentation
It is the scientific examination of real evidence, application of instrument and
methods of physical sciences in crime detection.
The Golden Rule of Criminal Investigation
“Never touch, move or alter anything found at the crime scene unless is
properly marked, sketched, measured and photographed or recorded.”

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 CHAPTER FIVE
INTRODUCTION TO CRIMINALISTICS
CRIMINALISTICS OR FORENSIC SCIENCES

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

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

2. Criminology deals more on theories 2. Criminalistics use practical and

technological theories.

3. Criminology is the study of criminal 3. Criminalistics is the study of criminal

people things.

WHAT IS THE DISTINCTION BETWEEN CRIMINOLOGY AND A

CRIMINALISTICS?

A Criminologist is distinct from a Criminalist. Who is a Criminalist?

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

methods essential in detecting and investigating crimes.

DIVISIONS OF CRIMINALISTICS
1. Scientific Divisions
Chemistry
a. Psychiatry
b. Biology
2. Technological Divisions
a. Forensic Dactyloscopy
b. Forensic Photography
c. Forensic Ballistics
d. Questioned Document Examination
e. Forensic Medicine
f. Polygraphy

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 PERSONAL IDENTIFICATION

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

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

BRANCHES OF DACTYLOSCOPY

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

THREE UNIVERSAL PRINCIPLES OF FINGERPRINT

1. Infallibility – reliable means of personal identification; accepted and adopted as a
means of personal identification.
2. Individuality – there are no two fingerprints that are exactly alike unless taken
from same finger.
3. Permanency – configuration and details of individual ridge characteristics of
fingerprint patterns do not change; it remains constant.

THREE FINGERPRINT PATTERN

A. LOOP (65%)
1. ULNAR LOOP- when the opening end of the loop ridge points in the direction
of the little finger side either left or right hand.
2. RADIAL LOOP- when the opening end of the loop ridge points in the direction
of the thumbnails of either left or right hand.

B. WHORLS (35%)
1. PLAIN WHORL- fingerprint pattern in which there are two details and in which
at least one ridge makes a turn through one complete circuit.

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 - An imaginary lines drawn between the two deltas must touch or cross at
least one of the circuiting whorl ridges within the pattern area.
2. CENTRAL POCKET LOOP WHORL- fingerprint pattern which form the most
part of a loop which has a small whorl inside the loop, sometimes it is called
"composite pattern" which means that it is made up of two patterns in one, a
whorl inside a loop.
- It has two deltas, one which appears at the edge of the pattern are as in
loop and one which shows inside the pattern area below the counterpart
ridges.
3. DOUBLE LOOP WHORL- fingerprint pattern consisting of two separate and
distinct loop formations. One of the loops surrounds or envelopes the other
loops.
- Also called composite pattern like central pocket loop whorl.
- It arises from the fact that these patterns are composition or combination of
two patterns with two cores and two deltas.
4. ACCIDENTAL WHORL- fingerprint pattern that has a combination of two or
more different types of pattern except in plain arch.
- It can be a combination of loop and central pocket loop whorl, loop and
whorl, or any combination of two different loops and whorl patterns.
- It can have two, three, or four deltas; it looks like a conglomeration of
ridges.

C. ARCHES (5%)
1. PLAIN ARCH- fingerprint pattern in which the ridges enter on one side of the
pattern and flow towards the other side with a rise at the center.
- does not possess not more than one of the requisites of a loop and with no
recurving ridge, no angular formation and no upward thrust.
2. TENTED ARCH- variety of arch family but their ridge formations are not as
simple as those of a plain arch. Also considered as transitional pattern
between a plain arch and a loop.

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 QUESTIONED DOCUMENT EXAMINATION

DOCUMENT- any material containing marks, symbols or signs either visible,

partially visible that may presently or ultimately convey a meaning to someone.
- Maybe in a form of pencil, ink, writing, typewriting, or printing on paper.
Document may either be:
1. Questioned Document- any document about which some issues have been
raised or which under scrutiny or of doubtful origin.
2. Standard Document- are condensed and compact set of authentic specimen
which is adequate and proper, should contain a cross section of materials
from its source.
- These are used by a document examiner as the basis for this identification
or non-identification of the questioned document.

KINDS OF DOCUMENT
1. Public Document- This document is issued only by two persons.
2. Official Documents- issued by NSO.
3. Private Document
4. Commercial Document
5. Electronic Document

HANDWRITING IDENTIFICATION

HANDWRITING- it is the result of very complicated series of acts, being as a whole,

a combination of certain forms of visible mental muscular habits acquired by
long continued painstaking effort.
Kinds of muscle which function in the act of writing
1. Extensor Muscles- in charge of pushing up the pen to form the upward
strokes and ease the tension produced as a result of flexor.
2. Flexor Muscles- in charge to push the pen to form downward strokes.

KINDS OF WRITING
1. Cursive- the letters in the word/s are connected.
2. Script- the letters in the word/s are separated.
3. Block- the letters in the word/s are capitalized.
KINDS OF MOVEMENT IN HANDWRITING
1. Finger movement- the thumb, the first, second and slightly the third fingers
are in actual motion.

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 2. Hand movement- produced by the movement or action of the whole hand with
wrist as the center of attraction.
3. Forearm movement- the movement of the shoulders, hand, and arm with the
support of the table.
4. Whole forearm movement- it is the action of the entire arm without resting.
Cacography- the art of bad writing.
Calligraphy- the art of beautiful writing.

FORENSIC PHOTOGRAPHY

Photography, defined
-It is a science or art of obtaining images on a sensitized material by the action
of electromagnetic radiation or rays thru the use of a camera and its accessories
and the chemical process involved therein.
-It was derived from the Greek words:
Photo – means light
Graphy – means to draw or chart or sketch
Elements of Photography
1. Images or subject – anything that can be observed by the naked eye or by the
use of invisible lights.
2. Sensitized materials -
a. film – either black and white color
b. photographic paper
3. Light – visible or invisible
a. natural – sunlight
b. artificial – electrical light or manmade
4. Camera – still, video, movie, etc.
5. Chemical – film developer, paper developer

Police Photography, defined

It is the science which deals with the study of the principles of photography
and the preparation of photographic evidence and its application to police work.
Objectives of Police Photography
1. To produce a pictorial record of everything pertaining to the crime.
2. To help in keeping the police officer’s memory accurately as possible as to
where he find things.

3. To help in securing and obtaining confession, disposition and information

relating to the case.

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Uses of Photography in Police Work
1. Identification
2. Communication and micro films files.
3. Evidence
4. Offender detection
5. Court exhibits
6. Reproduction or copying –
7. Personnel Training
8. Crime and fire prevention hazard
9. Public Relations

POLYGRAPHY (Lie Detection)

Polygraphy
- is the scientific method of detecting deception with the use of a polygraph
instrument. Polygraphy is the new name of LIE DETECTION.
Polygraph
- Is a scientific diagnostic instrument used to record physiological changes
in the blood pressure, pulse rate, respiration and skin resistance of an
examinee under controlled condition.
Principal Uses of the Polygraph
1. Aid in investigation
2. Speeds up processing of investigation
3. Eliminates innocent suspects.
4. Pre-employment screening.
5. Honesty test

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 FORENSIC/LEGAL MEDICINE

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

Types of Medical Evidences:

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

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

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

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

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

Experimental Evidence – a medical witness maybe allowed by the court to confirm

his allegation or as a corroborated proof to an opinion he previously stated.

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

FORENSIC BALLISTICS

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

Branches of Ballistics

1. Interior – the branch of this science, which has something to do with the
properties and attributes of the projectile while still inside the gun. This
extends from the breech to the muzzle of the gun.

2. Exterior – the branch of this science, which has something to do with the
attributes and movements of the bullet after it has left the gun muzzle.

3. Terminal – it is the branch of this science that deals with the effects of the
impact of the projectile on the target.

4. Forensic Ballistics- this branch of this science involves the investigation and
identification of firearms by means of the ammunitions fired through them.

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 CHAPTER SIX
INTRODUCTION TO CRIMINAL LAW

Criminal law is a branch or division of law, which defines crimes, treats of

their nature and provides for their punishment.

CHARACTERISTICS OF CRIMINAL LAW

1. General- criminal law is binding on all persons who reside or sojourn in
Philippine Territory.
2. Territorial- Criminal law undertakes to punish crimes committed within the
Philippine Territory.
3. Prospectivity- Criminal law cannot make an act punishable when committed.

STAGES OF COMMITTING A FELONY

1. Attempted Felony- a felony is attempted when the offender commences the
commission of a felony directly by overt acts, and does not perform all the
acts of execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance. (Art. 6, 3RD
paragraph, RPC).
2. Frustrated Felony- 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 (Art . 6, 2nd paragraph RPC).
3. Consummated Felony- when all the elements necessary for its execution and
accomplishment are present (Art 6, 2nd paragraph, RPC).

CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY

1. Justifying Circumstances (Article 11, RPC) – the act a person under any of
the justifying circumstances is in accordance with law, so that such person is
deemed not to have transgressed the law and is free from both criminal and
civil liability.
2. Exempting Circumstances( Article 12, RPC) and other absolutory causes
( Art. 20, Art 124, last paragraph, RPC)-one who acts by virtue of any of the
exempting circumstances commits a crime, although by the complete
absence of any of the conditions, which constitute free will, or voluntariness
of the act, no criminal liability arises. Hence, there is wanting in the agent of
the crime any of the conditions which make the act voluntary, or negligent,
there is however, civil liability.

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 3. Mitigating Circumstances (Art 13, RPC)- these circumstances are based on
the diminution of either the freedom of action, intelligence or intent, or o
lesser perversity of the offender.
4. Aggravating Circumstance (Art 14, RPC)- these are based on the greater
perversity of the offender manifested in the commission of the felony as
shown by the motivating power itself, the place of the commission, the
means and ways employed, the time or the personal circumstances of the
offender or of the offended party.
5. Alternative Circumstances (art 15, RPC)- these are those which must be
taken into consideration as aggravating or mitigating according to the nature
and effects of the crime and other conditions attending its commission.

1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender
 Low Degree of Instruction and Education or lack of it is generally
mitigating.
 High Degree of Instruction and Education is aggravating when the
offender avails himself of his learning in committing the crime.

PERSONS CRIMINALLY LIABLE FOR FELONIES

1. PRINCIPALS
-those who take direct part in the execution of the act;
-those who directly force or induce others to commit it;
- those who cooperate in the commission of the offense by another act without
which it would not have been accomplished (Art. 17, RPC).
 PRINCIPAL BY DIRECT PARTICIPATION
- Personally takes part in the execution of the act constituting the crime.
*two or more persons may take direct part in the execution of the act, in
which case they maybe principals by direct participation*
Requisites:
a. That they carried out their plan and personally took part in its execution
by acts which directly tended to the same end.
b. That they participated in the criminal resolution.
 PRINCIPAL BY INDUCEMENT
- Becomes liable only as such when the principal by direct participation
committed the act induced.
Requisites:
a. That the inducement be made by directly with the intention of procuring
the commission of the crime
26
 b. That such inducement be determining cause of the commission of the
crime by the material execution.
*Two ways of becoming Principal by Induction*
a. By directly forcing another to commit a crime either by using irresistible
force or by causing uncontrollable fear.
b. By directly inducing another to commit a crime either by giving prize or
offering reward or promise or by which using words of command.
 PRINCIPAL BY INDISPENSABLE COOPERATION
- Cooperates with the principal by direct participation.
Requisites:
a. Participation in the criminal resolution, that is, there is either anterior
conspiracy or unity of criminal purpose and intention immediately before
the commission of the crime charged.
b. Cooperation in the commission of the offense by performing another
act without which the crime would not have been accomplished.

2. ACCOMPLICES
- are those who, not being principals cooperate in the execution of the offense
by previous or simultaneous acts (Art 18, RPC).
3. ACCESSORIES
- are those who having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, part subsequent
to its commission in any of the following manners.

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 CHAPTER SEVEN
INTRODUCTION TO CORRECTION

Penology is the study of punishments for the crime or of the criminal

offenders. It includes the study of control and prevention of crime through
punishment of criminal offenders. It is a term derived from the Latin word “poena”
which means pain or suffering.
Penology is also otherwise known as Penal Science. It is actually a division
of criminology that deals with prison management and the treatment of offenders
and concerned itself with the philosophy and practice of society in its effort to
repress criminal activities.
-Penology has stood in the past and, for the most part, still stands for the
policy of inflicting punishment on the offender as a consequence of his wrong doing.

PRINCIPAL AIMS OF PENOLOGY

1. To bring light in the ethical barriers of punishment, along with the motives and
purposes of society inflicting it.
2. To make comparative study of penal laws and procedures through history
between nations.
3. To evaluate the social consequences of the policies enforced at a given time.
Penal Management
It is the manner or practice of managing or controlling places of
confinement as in jails or prisons.
Correction
A branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders. It is the field of criminal justice
administration, which utilizes the body of knowledge and practices of the
government and the society in the general involving these of processes of handling
individuals who have been convicted of offense for purposes of crime prevention
and control.
Correction Administration
It is the study and practice of a systematic management in jails or prisons
and other institutions concerned with the custody, treatment, and rehabilitation of
criminal offenders.
Punishment and the Criminal
Punishment is the redress that the state takes against an offending member
of the society that usually involves pain and suffering. It is also the penalty imposed
on an offender for a crime or wrongdoing.

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Ancient Forms of Punishment
1. Death Penalty- affected by burning, beheading, hanging, breaking at the
wheels, pillory, and other forms of barbaric medieval punishment.
2. Physical Torture- affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.
3. Social Degradation- putting an offender into shame or humiliation.
4. Banishment or Exile- sending of putting away of an offender which was
carried out either by prohibition against coming into a specified territory such
as island where the offender is being removed.
5. Other similar forms of punishment
Contemporary Forms of Punishment
1. Imprisonment- putting an offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the
prisoners by requiring them to undergo institutional treatment programs.
2. Parole- a conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free
life under the guidance and supervision of a parole officer.
3. Probation- a disposition whereby a defendant after conviction of an offense
which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a
probation officer.
4. Fine- an amount given as a compensation for a criminal act.
5. Destierro- the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.

Executive Clemencies
1. Amnesty- a general pardon extended to a class of persons or community
who may be guilty of political offenses.
2. Commutation- an act of the president changing/ reducing a heavier
sentence to a lighter one or a longer term into a shorter term.
3. Reprieve- a temporary stay of the execution of sentence especially the
execution of the death sentence. Generally, reprieve is extended to prisoners
sentenced to death.
4. Pardon- an act of grace extended to prisoners as a matter of right, vested to
the Chief Executive as a matter of power.
Two kinds of Pardon
 Conditional Pardon- a pardon given with requirements attached.
 Absolute Pardon- a pardon given without any condition attached.

29
What is Penalty?
Penalty is defined as the suffering inflicted by the State against an offending
member for the transgression of law.
Juridical Conditions of Penalty
1. Productive of suffering
2. Commensurate with the offense
3. Personal
4. Legal
5. Equal
6.Certain
7. Correctional
What is Prison?
-It is a penitentiary, an institution for the imprisonment (incarceration) of
persons convicted of major/serious crimes.
-A building, usually with cells, or other places established for the purpose of
taking safe custody or confinement of criminals.
-A place of confinement for those charged with or convicted of offenses
against the laws of the land.
Who is a prisoner?
- A prisoner is a person who is under the custody of lawful authority. A person,
who by reason of his criminal sentence or by a decision issued by a court, maybe
deprived of his liberty or freedom.
- A prisoner is any person detained/confined in jailed or prison for the
commission of a criminal offense or convicted and serving in a penal institution.
- A person committed to jail or prison by a competent authority for any of the
following reasons: To serve a sentence after conviction, for trial or investigation.

What is a Jail?
- It is a place for locking-up of persons who are convicted of minor offenses or
felonies who are to serve a short sentences imposed upon them by a competent
court, or for confinement of persons who are awaiting trial or investigation of their
cases.

30
 CHAPTER EIGHT
REPUBLIC ACT NO. 6506 – AN ACT CREATING THE BOARD OF EXAMINERS
FOR CRIMINOLOGISTS IN THE PHILIPPINES AND FOR OTHER PURPOSES

Qualifications for Examination – Any person applying for examination and for a
certificate, shall, prior to admission to examination, establish to the satisfaction of
the Board that:
a. He is at least eighteen years of age and a citizen of the Philippines;
b. He must be a person of good moral character, as certified to by at least
three persons of good standing in the community wherein he resides;
c. He must not have been convicted of a crime involving moral turpitude;
and
d. He has graduated in Criminology from a school, college or institute
recognized by the Government after completing a four-year resident collegiate
course leading to the degree of Bachelor of Science Criminology (BS
Criminology): provided, that holders of Bachelor of Laws degree may, within
five years after the approval of this Act, take this examination after completing
at least ninety – four (94) units Criminology, Law Enforcement, Police Science
and Penology subjects.
Criminologist is any person who is a graduate of the Degree of Criminology if he
holds himself out to the public in any of the following capacities:
1. As a professor, instructor or teacher in Criminology in any university,
college or school duly recognized by the government and teaches any of
the following subjects: (a) Law Enforcement, (b) Criminalistics, (c)
Correctional Administration, (d) Criminal Sociology and allied subjects,
and (e) other technical and specialized subjects in the Criminology
curriculum provided by the Department of Education.
2. As law enforcement administrator, executive adviser, consultant or agent
in any government or private agency.
3. As technician in dactyloscopy, ballistics, questioned documents, police
photography, lie detection, forensic chemistry and other scientific aspects
of crime detection.
4. As correctional administrator, executive supervisor, worker or office in any
correctional and penal institution.
5. As counselor, expert, adviser, researcher in any government or private
agency on any aspects of criminal research or project involving the causes
of crime, juvenile delinquency, treatment of offenders, police operations,
law enforcement administration, scientific criminal investigation or public
welfare administration.

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 CHAPTER NINE
REPUBLIC ACT No. 11131

AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN

THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN
ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE
PHILIPPINES"

Be it enacted by the Senate and House of Representatives of the Philippine

Congress assembled:

ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE

Section 1. Title. - This Act shall be known as "The Philippine Criminology

Profession Act of 2018".

Section 2. Statement of Policy. - The State recognizes the importance of

criminology profession in national security, public safety, peace and order, and in
nation-building and development. Hence, it shall develop and nurture competent,
virtuous, productive and well-rounded criminologists whose standards of
professional practice and service shall be excellent, qualitative, world-class and
globally competitive through sacred, honest, effective and credible licensure
examinations, coupled with programs and activities that would promote professional
growth and development.

Section 3. Objectives. - This Act shall govern:

(a) The examination, registration and licensure for criminologists;

(b) The supervision, control and regulation of the practice of criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of criminologists
through Continuing Professional Development (CPD); and
(e) The integration of all criminology professional groups, and membership of
all registered criminologists to the accredited professional organization.

Section 5. Scope of Practice. - The practice of criminology shall include, but shall
not be limited to, acts or activities performed:

(a) In line with the practice of profession or occupation as a law enforcement

administrator, executive, adviser, consultant, officer, investigator, agent or
employee in any private or government agencies performing law
enforcement and quasi-police functions at the Philippine National Police
(PNP), the National Bureau of Investigation (NBI), the Philippine Drug
Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP), the
Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration
(PPA), the Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC),
the Bangko Sentral ng Pilipinas (BSP), other government and private banks,
the Philippine Postal Corporation (PPC), the Sea and Air Marshalls, the VIP
Security, Airport and Seaport Police, the National Intelligence Coordinating
Agency (NICA), the Intelligence Service of the Armed Forces of the
Philippines (ISAFP), and other intelligence service or agencies of the
government exercising similar functions;

(b) In line with the practice of teaching profession such as those performed
by a professor, instructor or teacher in any university, college or school duly

32
 recognized by the government of any of the following professional and
component subjects of the criminology program: (1) Criminal Jurisprudence
and Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4)
Crime Detection and Investigation; (5) Correctional Administration; and (6)
Criminal Sociology and Ethics, and other technical and specialized subjects
in the criminology curriculum provided by the CHED;

(c) As a technician, examiner/criminalist, or specialist in dactyloscopy,

questioned document, deoxyribonucleic acid (DNA), lie detection, firearms
identification, forensic photography, forensic chemistry and other scientific
crime detection and investigation;

(d) As a correctional administrator, executive, supervisor, or officer in any

rehabilitation, correctional, and penal institution or facility, and in any
community-based corrections, and rehabilitation agencies and/or programs;

(e) As a counsellor, consultant, adviser or researcher in any government or

private agency on any aspect of criminological research or project involving
the causes of crime, children in conflict with the law, treatment of offenders,
police operations, law enforcement administration, scientific criminal
investigation or public safety and national security administration; and

(f) As a private investigator, administrator, consultant or agent, or detective in

any private security and investigation agency organized under the laws of the
Philippines.

The Board, in consultation with the APO and the academe, subject to the approval
of the Commission, may revise, exclude from or add to the above enumerated acts
or activities as the need arises to conform with the latest trends in the practice of
criminology in the country.

ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS

Section 6. Creation, and Composition of the Professional Regulatory Board for

Criminologists. - There is hereby created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative supervision and control of
the Commission, to be composed of a Chairperson and four (4) members appointed
by the President of the Philippines from a list of three (3) recommendees for each
position, chosen and ranked by the Commission from a list of three (3) nominees for
every position endorsed by the APO. The new Board shall be organized not later
than six (6) months from the effectivity of this Act.

Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The
Board shall exercise executive, administrative, rule-making and quasi-judicial
powers in carrying out the provisions of this Act. It shall be vested with the following
specific powers, functions, duties and responsibilities:

(a) To administer, supervise, and monitor the conduct of the licensure

examination, registration, membership in the APO and the practice of
criminology in accordance with the provisions of this Act;

(b) To receive complaints and decide the matter as to the malpractices and
unethical conduct in the practice of the criminology profession;

(c) To promulgate and issue rules and regulations implementing the

provisions of this Act;

33
(d) To promulgate and adopt Code of Ethics and Code of Good Governance
for the practice of criminology;

(e) To adopt an official seal of the Board;

(f) To prescribe and promulgate guidelines on the conduct of a CPD program

for criminologists in consultation with the APO;

(g) To promulgate, adopt or amend the syllabi and tables of specifications of

the subjects for the licensure examination/s in consultation with the APO, the
academe, and the CHED Technical Panel for Criminology, prepare questions
for the licensure examination which shall strictly be within the scope of the
syllabi of the subjects for examination, as well as administer and correct, and
release the results of the licensure examinations;

(h) To issue, suspend, revoke or reinstate the certificate of registration of the

registered criminologist or cancel temporary/special permit granted to foreign
criminologist;

(i) To administer oaths in the performance of its functions such as, but not
limited to, the oath of a professional to successful examinees in licensure
examination for criminologist together with the APO in an appropriate mass
oath-taking ceremony to be held for the purpose;

(j) To monitor the conditions affecting the practice of criminology and

whenever necessary, adopt such measure as may be deemed proper for the
enhancement of the profession and the maintenance of high professional,
ethical an^ technical standards; for this purpose, the members of the Board,
duly authorized by the Commission, may conduct ocular inspection of
establishments where criminology is practiced, and recommend sanction as
it may deem proper to the appropriate government agency concerned;

(k) To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government
offices, for noncompliance with the policies, standards, and requirements as
to faculty qualifications, laboratory, library, facilities and equipment, research
outputs, curriculum and administration of the criminology education;

(l) To hear and investigate cases on violations of this Act, its implementing
rules and regulations (IRR), the Code of Ethics, the Code of Good
Governance and other policies, and for this purpose, to issue summons,
subpoena ad testificandum and subpoena duces tecum to alleged violators
and/or witnesses to compel their attendance in such hearings or
investigations and the production of documents in connection therewith:

(m) To delegate to the Commission the hearing or investigation of cases

against the alleged violators: Provided, That the hearing or investigation of
cases wherein the issue or question involved strictly concerns the technical
practice of criminology shall be presided over by at least one (1) member of
the Board assisted by a Legal or Hearing Officer of the Commission;

(n) To recommend to the Commission the endorsement of cases involving

criminal violations of this Act, its IRR, and other laws to the Prosecution
Office or appropriate government agency, for investigation and appropriate
action;

(o) To disqualify applicants for the licensure examination who has been
previously convicted of a crime with finality involving moral turpitude. Hear
and decide administrative cases against the examinees or registered
34
 criminologists if they have been convicted of a crime involving moral
turpitude: Provided, That if they are found guilty, the Board shall cancel their
examination papers and/or preclude them from taking another licensure
examination, or to revoke/suspend their certificates of registration and cause
the surrender of their professional identification card subject to the rules and
regulations of the PRC: Provided, further, That the decision of the Board
shall, unless appealed to the Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment or decision;

(p) To conduct, through the Legal or Hearing Officers, summary proceedings

against the examinees who commit violations of this Act, its IRR, any of the
Codes aforementioned, including violation of the General Instructions to
Examinees, and to render summary judgment thereon which shall, unless
appealed to the Commission, become final and executory after fifteen (15)
days from receipt of notice of judgment or decision;

(q) To prepare an annual report of accomplishments on programs, projects

and activities of the Board for submission to the Commission after the close
of each calendar year and make appropriate recommendations to the
Commission on issues or problems affecting the criminology profession; and

(r) To exercise such other powers as may be provided by law as well as

those which may be implied from, or which are incidental or necessary to the
effective carrying out of the express powers granted to the Board to achieve
the objectives and purposes of this Act. The resolutions, rules and
regulations and other policies issued and promulgated by the Board shall be
subject for review and approval by the Commission.

However, the Board's decisions, resolutions or orders rendered in an administrative

case shall be subject to review only if on appeal.

ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE

Section 13. Passing of Licensure Examination Requirements. - Except as

otherwise specifically allowed under this Act, applicants for registration for the
practice of criminology shall be required to pass a licensure examination as
provided for in this Act, in such places and dates as the Commission may designate
in the resolution thereof on the Master Schedules for all licensure examinations in
accordance with Section 7(d) of Republic Act No. 8981.

Section 14. Qualifications of an Applicant for the Licensure Examination. - An

applicant for the licensure examination for criminologist shall satisfactorily prove
that one possesses the following qualifications:

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

country/state has reciprocity with the Philippines in the practice of
criminology;

(b) Must be of good moral character, good reputation and of sound mind and
body certified by the school wrhere he/she graduated and the barangay
where he/she lives, unless the examinee is a foreign national a certification
from any professional of good standing will do;

(c) Must hold a bachelor's degree in criminology duly accredited by the

CHET) and conferred by a school/college/university duly authorized by the
government or its equivalent degree obtained by either a Filipino or foreign
citizen from an institution of learning in a foreign

35
 country/state: Provided, That it is duly recognized and/or accredited by the
CHED;

(d) Must not have been convicted of an offense involving moral turpitude by a
court of competent jurisdiction; and

(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a
reputable institution duly recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.

Section 15. Subjects for Licensure Examination. - The licensure examination for
criminologists shall include, but shall not be limited to, the following:

Subjects Relative Weights

(a
Criminal Jurisprudence and Procedure:
)
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Court Testimony 20%
(b
Law Enforcement Administration:
)
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;
Special Crime, Organized Crime Investigation; Fire Technology and Arson
Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control 15%
(d
Criminalistics:
)
Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy;
Examination; Forensic Ballistics;
Questioned Documents 20%
(e
Correctional Administration:
)
Institutional Corrections; Non-Institutional Corrections 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;

36
Philippine Criminal Justice System;
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and
15%
Statistics

The Board, in consultation with the APO and the academe and subject to the
approval of the Commission, may revise or exclude any of the subjects with their
corresponding ratings and their syllabi, and add new ones as the need arises to
conform with technological changes brought about by developing trends in the
profession.

However, the Board may change or revise any of the above subjects in the event
the CHED shall correspondingly change the curriculum prescribed for the Degree of
Bachelor of Science in Criminology. In the conduct of the examination, the Board, in
its discretion, may give practical and field examinations in each subject, as it may
deem fit.

Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects for
the licensure examination shall be taught by a registered criminologist who is a
holder of a valid certificate of registration and updated professional identification
card for criminologist, APO membership, and CPD required units earned, and meet
other CHED requirements. Allied fields in criminology may also be allowed to teach
as it may deem proper.

Section 17. Rating in the Licensure Examination. - To pass the licensure

examination for criminologist, a candidate must obtain a weighted average rating of
seventy-five percent (75%) with no grade less than sixty percent (60%) in any given
subject. In case the examinee obtains a weighted average rating of seventy-five
percent (75%) but, has a grade below sixty percent (60%) in any of the subjects, the
result of the examinee shall be deferred, and be required to retake that particular
subject/s. The deferred examinee shall only be allowed to retake once within two (2)
years from the date of the examination, and shall be required to obtain a grade not
lower than eighty percent (80%) on the subject, to be considered to have passed
the licensure examination. If the examinee failed to retake after the lapse of two (2)
years or failed to get the passing mark of eighty percent (80%), the examinee shall
retake all the board subjects.

Any examinee who failed three (3) or more board subjects shall be deemed to have
failed the board examination.

Section 18. Report of Rating. - The Board shall submit to the Commission the
ratings obtained by the candidates not later than ten (10) days after the last day of
the examination, unless the period is extended for a valid cause.

Section 19. Oath. - All successful candidates of the licensure examination shall
take their oath of profession in person before the Board or any of its members, and
with the APO in an oath-taking ceremony held for such purpose. Any person
authorized by law may administer oath to any successful examinees only upon
membership of the APO prior to entering the practice of the profession.

Section 20. Issuance of Certificate of Registration and Professional Identification

Card. - A certificate of registration shall be issued to those who shall register,
subject to payment of fees prescribed by the Commission. It shall bear the
signatures of the Chairperson and the Commissioners of the Commission and the
Chairperson and members of the Board, stamped with the official seal of the
Commission and of the Board, certifying that the person named therein is entitled to
37
practice the criminology profession with all the privileges appurtenant thereto. It
shall remain in full force and effect until withdrawn, suspended or revoked in
accordance with this Act.

A professional identification card bearing the registration number and date, its
validity, and expiry duly signed by the Chairperson of the Commission shall likewise
be ^issued to every registrant who has paid the prescribed fee. It shall be reissued
after every three (3) years upon payment of the prescribed fees, prescribed units
earned in the CPD, and certified by the APO as active member.

Section 21. Refusal to Issue Certificate of Registration and Professional

Identification Card or Temporary/Special Permit. - The Board shall not register any
successful applicant for registration who has been:

(a) Convicted with finality of a crime involving moral turpitude by a court of

competent jurisdiction;

(b) Found guilty of immoral or dishonorable conduct by the Board;

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

Examinees by the Board; and

(d) Declared of unsound mind by a court of competent jurisdiction. In refusing

such registration, the Board' shall give the applicant a written statement
setting forth the reasons thereof and shall file a copy in its records.

Section 22. Revocation or Suspension of the Certificate of Registration and

Cancellation of Temporary/Special Permit - The Board shall have the power, upon
notice and hearing, to revoke or suspend the certificate of registration of a
registered criminologist or to cancel a temporary/special permit granted to foreign
criminologist for the commission of any of the following acts:

(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the
Code of Good Governance, or policy of the Board and/or the Commission;

(b) Conviction of a crime with finality involving moral turpitude;

(c) Perpetration or use of fraud in obtaining one's certificate of registration,

professional identification card or temporary/special permit;

(d) Gross incompetence, negligence or ignorance resulting to death or injury

of a person, or damage to property;

(e) Nonrenewal of the professional identification card for a period of six (6)
years with the PRC without justifiable cause;

(f) Aiding or abetting the illegal practice of a non-registered criminologist by

allowing the use of one's certificate of registration and/or professional
identification card or temporary/special permit;

(g) Illegally practicing the profession during the suspension from the practice
thereof;

(h) Addiction to drugs or alcohol impairing one's ability to practice the

profession or a declaration by a court of competent jurisdiction that the
registrant is of unsound mind; and

(i) Noncompliance with the CPD and APO requirements, unless one is
exempted therefrom, for the renewal of the professional identification card.
38
 The Board shall periodically evaluate the aforementioned grounds and revise
or exclude or add new ones as the need arises subject to approval by the
Commission.

Any person, firm or association may file charge/s in accordance with the provision
of this section against any registrant, and the Board may investigate the
commission of any of the abovementioned causes. Affidavit-complaint shall be filed
together with the affidavits of witnesses and other documentary evidence with the
Board through the Legal and Investigation Office. The conduct of an investigation
motu proprio shall be embodied in a formal charge to be signed by at least majority
of the members of the Board. The rules on administrative investigation issued by
the Commission shall govern the hearing or investigation, subject to applicable
provisions of this Act, Republic Act No. 8981 and the Rules of Court.

Section 23. Reissuance of Revoked Certificate of Registration, Replacement of

Lost or Damaged Certificate of Registration, Professional Identification Card or
Temporary/Special Permit - The Board may, upon a verified petition, reinstate or
reissue a revoked certificate of registration after two (2) years from the effectivity of
the period for revocation, which is the date of surrender of the certificate and/or the
professional identification card if still valid to the Board and/or the Commission. The
petitioner shall prove to the Board that one has valid reason/s to practice anew the
profession. In the granting of the petition, the Board shall issue a Board resolution,
subject to approval by the Commissioiy

A certificate of registration, professional identification card or temporary/special

permit that has been declared lost may be reissued in accordance with the rules
thereon and upon payment of the prescribed fees.

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

identification card shall be renewed only upon the completion of the prescribed
minimum units of the CPD program by the registrant from the APO or any
accredited provider authorized by the Commission.

Section 26. Vested Rights; Automatic Registration. - All criminologists registered at

the effectivity of this Act shall automatically be registered hereunder, subject to the
provisions herein set forth as to future requirements. Certificates of registration and
professional identification cards or temporary/ special permits held by such persons
in good standing at such effectivity date shall have the same force and effect as
though they were issued on or after the said effectivity.

ARTICLE IV
PRACTICE OF CRIMINOLOGY

Section 27. Lawful Practitioners of Criminology. - The following persons shall be

authorized to practice the criminology profession:

(a) Natural persons:

(1) Duly registered criminologists and holders of valid certificates of

registration and valid professional identification cards issued by the
Board and the Commission pursuant to this Act; and

(2) Holders of valid temporary/special permits issued by the Board

and the Commission to foreign licensed criminologists pursuant to this
Act.

(b) Juridical persons:

39
 (1) Single proprietorship whose owner and technical staff are
registered criminologists;

(2) Partnership duly registered with the Securities and Exchange

Commission (SEC) as professional partnership pursuant to the Civil
Code and composed of partners majority of whom are registered
criminologists;

(3) Corporation duly registered with the SEC as engaged in the

practice of criminology and with officers and Board of Directors who
are all registered criminologists; and

(4) Association and cooperative duly registered with the appropriate

government agency as a non-stock corporation where majority of the
officers, Board of Trustees and members are registered
criminologists.

These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.

Section 32. Roster of Registered Criminologists. - The Board shall prepare and
maintain a roster showing the names, residence and/or office address of all
registered criminologists, which shall be updated annually in cooperation with the
APO, indicating therein the status of the certificate of registration, professional
identification card and APO membership. The roster shall be made available to any
party as may be deemed necessary.

Section 33. Integration of Registered Criminologists. - The registered criminologists

shall be integrated into one (1) national organization of criminologists that is duly
registered with the SEC. The Board, subject to the approval by the Commission,
shall accredit the organization as the one and only integrated and accredited
national organization of criminologists: Provided, That its continued accreditation is
subject to compliance with the periodic requirements and standards set forth by the
Commission.

All criminologists whose names appear in the Registry Book of Criminologists shall
ipso facto or automatically become members thereof and shall receive therefrom, all
the benefits and privileges upon payment of APO membership fees and dues.
Membership in an affiliate organization of criminologists shall not be barred.

ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS

Section 34. Privileges of Registered Criminologists. - All registered criminologists

shall be exempt from taking any other entrance or qualifying government or civil
service examinations and shall be considered civil service eligible to the following
government positions, among others: (1) Dactylographer; (2) Ballistician; (3)
Questioned Document Examiner; (4) Forensic Photographer; (5) Polygraph
Examiner; (6) Probation Officer; (7) Parole Officer; (8) Special Investigator; (9)
Special Agent; (10) Investigative Agent; (11) Intelligence Agent; (12) Law
Enforcement Evaluation Officer; (13) National Police Commission (NAPOLCOM)
Inspector; (14) Traffic Operation Officer; (15) Associate Graft Investigation Officer;
(16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19) Security
Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer; (23)
Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail Superintendent;
(26) Police Officer up to the rank of Police Superintendent and other law
enforcement agencies, and agencies under the Criminal Justice System.

40
Section 35. Preference of Appointment in Government Criminal Justice and Other
Government Institutions. - Registered criminologists shall enjoy priority of
appointment and shall not be required to take any qualifying or entrance
examinations in the PNP, the NBI, the BJMP, the BFP, the Land Transportation
Office (LTO) and other government positions related to criminology, police and law
enforcement work, investigations and security, corrections and public safety of the
following bureaus, departments, institutions or agencies of the government: the
Department of Justice (DOJ); the Commission on Human Rights (CHR); the Office
of the Ombudsman; the Philippine Ports Authority (PPA); the Commission on
Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine Amusement
and Gaming Corporation (PAGCOR); the Department of Environment and Natural
Resources (DENR); the Department of Tourism (DOT); the Department of Trade
and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of
Immigration (BI); the BoC; the Department of Transportation (DOTr); the Air
Transportation Office (ATO); the Civil Aviation Authority of the Philippines (CAAP);
the BSP; the BIR; the CHED; the City/Municipal Security Office; the Provincial Jail;
the Provincial Security Office; the Metro Manila Development Authority (MMDA); the
Supreme Court and lower courts; the Security Consultation; the Social Security
System; the NAPOLCOM; the Autonomous Region in Muslim Mindanao (ARMM);
the Optical Media Board; the Intellectual Property Rights Office; the PDEA; the
Public Attorney's Office (PAO); the PPC; government-owned and -controlled
corporations and other government agencies with positions involving the practice of
criminology.1âwphi1

Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists

who are not in the government service shall be eligible and given preference for
appointment via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in
the PDEA, NBI, and other law enforcement agencies: Provided, That they possess
the general qualifications for appointment as provided in the existing laws on
appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or NBI: Provided,
further, That those who are already in the police, fire, and jail service as non-
commissioned officers and who are already registered and licensed criminologists
shall be given preference for lateral entry.

Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos
(₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or
imprisonment for not less than two (2) years and one (1) day nor more than six (6)
years, or both, at the discretion of the court shall be imposed upon any person who
shall commit any of the following acts:

(a) Practicing criminology without valid certificate of registration and a valid

professional identification card or a valid temporary/special permit;

(b) Attempting to use the seal, certificate of registration and professional

identification card of a registered criminologist or temporary/special permit
issued to a foreign criminologist;

(c) Abetting the illegal practice of criminology by an unregistered or

unauthorized person;

(d) Securing through false information or fraudulent means certificate of

registration and professional identification card or temporary/special permit;

(e) Impersonating a registered criminologist or a holder of a

temporary/special permit; and

(f) Violating any provision of this Act or the IRR thereof. Where the violator is
a juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.
41
Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90) days
from the effectivity of this Act, the Board, subject to approval by the Commission,
and in coordination with the APO, shall prescribe, promulgate and issue a Board
Resolution on the IRR cf this Act and which shall be effective fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general circulation.

Section 42. Separability Clause. - If any provision, section or part of this Act shall
be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other provisions, sections or parts hereof.

Section 43. Repealing Clause. - Republic Act No. 6506, otherwise known as "An
Act Creating the Board of Examiners for Criminologists in the Philippines and for
Other Purposes", is hereby repealed. All other laws. Republic Acts, decrees, orders,
letters of instruction, rules and regulations or other issuances, and parts thereof
inconsistent with the provisions of this Act are likewise repealed or modified
accordingly.

Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

42