CRI 197 PROGRAM OUTCOMES AUDIT
2ND SEM SY 2023-2024 circumstances that the person to be arrested
RETAKE EXAM
DATE: March 14, 2024 (Thursday)
TOPIC COVERAGE ON THE EXAM:
1. CRIMINAL LAW AND JURISPRUDENCE (34
items)
a. CJS (4 questions)
Warrant of arrest, search warrant
ARREST
Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant
An arrest may be made on any day and at any
time of the day or night, even on a Sunday.
WARRANT OF ARREST
-It 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 take a person into
custody in order that he may be bound to
answer for the commission of an offense
- It shall remain valid until the person to be
arrested has been arrested or has
surrendered
CIRCUMSTANCES OF WARRANTLESS ARREST:
Arrest without warrant; when lawful. –A
peace officer or a private person may, without
a warrant, arrest a person:
a. When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
b. When an offense has just been committed
and he has probable cause to believe based
on personal knowledge of facts or
has committed it; and
c. When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place
where he is serving final judgment or is
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to another.
VI.SEARCH AND SEIZURE
Search refers to the examination of an
individual’s person, house, papers or effects,
or other buildings and premises to discover
contraband or some evidence of guilt to be
used in the prosecution of a criminal action
SEARCH WARRANT
- It 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
- It has a validity period of TEN (10) days
- It can be served only once within its validity
period
PERSONAL PROPERTY TO BE SEIZED
a. Subject of the offense;
b. Stolen or embezzled and other proceeds,
fruits of the offense; or
c. Use or intended to be used as a means of
the commission of the offense.
CIRCUMSTANCES OF WARRANTLESS SEARCH:
a. Warrantless search incidental to a lawful
arrest under Sec. 12, Rule 128 Rules of Court;
b. Seizure of evidence in plain view;
c. Search of a moving vehicle;
d. Consented warrantless search;
e. Customs search;
f. Stop and frisk search; and
g. Exigent and emergency circumstances

Complaint v. information✅
COMPLAINT
- It 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
- It is an accusation in writing charging a
person with
an offense subscribed by the prosecutor and
filed with
the court.
Origin of criminal justice system
1. Code of Hammurabi- one of the first
known bodies law. This code is a set of laws
that was engraved on stone tables, which
were aimed to establish property and other
rights.
2. Roman Law- derived from 12 Tables.
-These Twelve Tables were a collection of
basic rules related to family, religion and
economic life. The tables are based on
common and for practices generally accepted
among tribes.
3. Common Law- (Britain) Is a body of early
unwritten legal principles created from social
customs, rules, and practices. Common Law
was legal upon the official declaration that it
was the law of the land by the English King
Edward the Confessor in the eleventh
century.
4. Magna Carta(Great Charter) - Guarantees
basic liberties for all British citizens. One
specific provision of Magna Carta, designed
originally to prohibit the king from
prosecuting the barons without just cause,
was expanded into the concept of “due
process of law”-a fundamental cornerstone of
modern legal procedure. Magna Carta has
then been called “the foundation stone of our
present liberties.”
5.Greek Laws- profoundly influences legal
reasoning emerged from these Greek
thinkers. The concept of impartiality and
common law against constructive law were
regarded as early Greek contributions that
remain significant to contemporary society.
6.Canon Law- (Ecclesiastical Law) is the body
of laws made by or adopted by ecclesiastical
authority in the 12th and 13th centuries for
the government of the Christian organization
and its members. The impact of canon law
propagated promptly at the moment the
bishop instituted themselves as transitory
rulers upon the downfall of the Roman
Empire in the West.
7.Germanic Law- The law of Teutonic or
Germanic Tribe is a family of customary laws.
The Germanic tribes verbalized law tradition
comprising of numerous features that could
be viewed as democratic even though tribes
are linked with primordial elements of law
and the code of boldness.
8. Philippine Laws- In the early Filipino time,
the written laws are formulated by the leader
of the tribe as “datus”
9. Maragtas Code- It is considered the olderst
known written body of laws in the Philippines.
Written by Datu Sumakwel of Panay.
10. Kalantiao Code- second oldest legal code
in the Philippines. Written by Datu Kalantiao
of Panay.
Types of jurisdiction of courts✅
1. General jurisdiction- is the power of the
courts to adjudicate all controversies except
those withheld from it.
2. Special or limited jurisdiction- one which
restricts the court’s jurisdiction only to
particular cases.
3. Original jurisdiction- the power of the
court to take cognizance of a case for the first
time.
4. Appellate jurisdiction- the power of a court
higher in rank to re-examine the final order or
judgment of a lower court.
5. Exclusive jurisdiction- the power to
adjudicate a case to the exclusion of all other
courts.
6. Concurrent, coordinate or confluent
jurisdiction- the power conferred upon
different courts to take cognizance of the
same case.
7. Delegated jurisdiction- the authority to
hear and determine cadastral and registration
cases.
KINDS OF JURISDICTION
1.General – when the court is empowered to
decide all disputes which may come before it
except those assigned in other courts.
2.Limited – when the court has the authority
to hear and determine only a few specified
cases.
3.Original - when the court can try and hear a
case presented for the first time
4.Appellate – when the court can try a case
already heard and decided by a lower court,
removed from the latter by appeal
5.Exclusive – when the court can try and
decide a case which cannot be presented
before any other court
6.Concurrent – when any of two or more
courts may take cognizance of a case.
b. Human Rights (3 questions)
Classes of human rights✅
1. Natural Rights- God-given rights,
acknowledged by everybody to be morally
good. Unwritten, but prevail as norms of the
society.
2. Constitutional Rights- Conferred and
protected by the constitution and which
cannot be modified or taken away by the law-
making body.
3. Statutory Rights- Those rights which are
provided by law promulgated by the law-
making body. May be abolished by the body
that created them.
Article III of the Bill of Rights✅
Bill of Rights
SECTION 1. No person shall be deprived of
life, liberty, or property without due process
of law, nor shall any person be denied the
equal protection of the laws.
SECTION 2. The right of the people to be
secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except
upon probable cause to be determined
personally by the judge after examination
under oath or affirmation of the complainant
and the witnesses he may produce, and
particularly describing the place to be
searched and the persons or things to be
seized.
SECTION 3. (1) The privacy of communication
and correspondence shall be inviolable except
upon lawful order of the court, or when public
safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this
or the preceding section shall be inadmissible
for any purpose in any proceeding.
SECTION 4. 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.
SECTION 5. No law shall be made respecting
an establishment of religion, or prohibiting
the free exercise thereof. The free exercise
and enjoyment of religious profession and
worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the exercise
of civil or political rights.
SECTION 6. The liberty of abode and of
changing the same within the limits
prescribed by law shall not be impaired
except upon lawful order of the court. Neither
shall the right to travel be impaired except in
the interest of national security, public safety,
or public health, as may be provided by law.
SECTION 7. The right of the people to
information on matters of public concern shall
be recognized. Access to official records, and
to documents, and papers pertaining to
official acts, transactions, or decisions, as well
as to government research data used as basis
for policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
SECTION 8. The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law
shall not be abridged.
SECTION 9. Private property shall not be
taken for public use without just
compensation.
SECTION 10. No law impairing the obligation
of contracts shall be passed.
SECTION 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.
SECTION 12. (1) Any person under
investigation for the commission of an offense
shall have the right to be informed of his right
to remain silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the
services of counsel, he must be provided with
one. These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil
sanctions for violations of this section as well
as compensation to and rehabilitation of
victims of torture or similar practices, and
their families.
SECTION 13. All persons, except those
charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by
sufficient sureties, or be released on
recognizance as may be provided by law. The
right to bail shall not be impaired even when
the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be
required.
SECTION 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed
of the nature and cause of the accusation
against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to
face, and to have compulsory process to
secure the attendance of witnesses and the
production of evidence in his behalf.
However, after arraignment, trial may
proceed notwithstanding the absence of the
accused provided that he has been duly
notified and his failure to appear is
unjustifiable.
SECTION 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.
SECTION 16. All persons shall have the right to
a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.
SECTION 17. No person shall be compelled to
be a witness against himself.
SECTION 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.
SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling
reasons involving heinous crimes, the
Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua.
(2) The employment of physical,
psychological, or degrading punishment
against any prisoner or detainee or the use of
substandard or inadequate penal facilities
under subhuman conditions shall be dealt
with by law.
SECTION 20. No person shall be imprisoned
for debt or non-payment of a poll tax.
SECTION 21. No person shall be twice put in
jeopardy of punishment for the same offense.
If an act is punished by a law and an
ordinance, conviction or acquittal under
either shall constitute a bar to another
prosecution for the same act.
SECTION 22. No ex post facto law or bill of
attainder shall be enacted.
c. Criminal Law Book 1 (8
questions)
Characteristics of criminal law and its
exceptions ✅
CHARACTERISTICS OF PENAL LAWS:
1.General- criminal law is binding on all
persons who live or sojourn in the Philippines.
2.Territorial- criminal laws are applicable only
if the crime is committed within the Philippine
territory.
3.Prospective- criminal law cannot make an
act punishable in a manner in which it was not
punishable when committed. Time when it
shall apply. See Art 366.
(The law looks forward and not backward)
RA 8491 FLAG AND HERALDIC CODE
GENERALITY
Penal Laws shall be applied to all persons on
being within the Philippine territory whether
they are Filipino citizens or foreigners
regardless of any of their personal
circumstances
EXCEPTIONS TO THE GENERALITY
CHARACTERISTIC
1. As provided by Treaty or Treaty
Stipulation. The Bases Agreement entered
into by and between the Republic of the
Philippines and the USA on March 14, 1947,
which expired on September 16, 1991.
A. The Agreement between the USA and the
Republic of the Philippines regarding the
treatment of US Armed Forces Visiting the
Philippines (RP-US Visiting Forces Accord).
Rules on Jurisdiction (Art. V):
B. Philippine authorities shall have jurisdiction
over US personnel with respect to offenses
committed within the Philippines and
punishable under the law of the Philippines.
C. US military authorities shall have the right
to exercise within the Philippines all criminal
and disciplinary jurisdiction conferred on
them by the military law of the US over US
personnel in the Philippines.

2. Philippine authorities exercise exclusive
jurisdiction over US personnel with respect
to offenses, including offenses relating to the
security of the Philippines, punishable under
the laws of the US.
A. US authorities exercise exclusive
jurisdiction over US personnel with respect to
offenses, including offenses relating to the
security of the US, punishable under the laws
of the US, but not under the laws of the
Philippines.
B. An offense relating to security means:
i. treason;
ii. sabotage;
iii. espionage; or
iv. violation of any law relating to national
defense.
3. In cases where the right to exercise
jurisdiction is concurrent, the following rules
shall apply:
A. Philippine authorities shall have the
primary right to exercise jurisdiction over all
offenses committed by US personnel, except
in cases provided for in paragraphs l (b), 2 (b),
and 3 (b) of this Article.
B. US military authorities shall have the
primary right to exercise jurisdiction over US
personnel subject to the military law of the US
in relation to:
A. offenses solely against the property or
security of the United States or offenses solely
against the property or person of United
States personnel; and
B. offenses arising out of any act or omission
done in performance of official duty.
C. The authorities of either government may
request the authorities of the other
government to waive their primary right to
exercise jurisdiction in a particular case.
2. As provided by laws of preferential
applications - RA 75 penalizes acts which
would impair the proper observance by the
Republic and its inhabitants of the
immunities, rights and privileges of
duly-accredited foreign diplomatic
representatives in the Philippines.
Section 4, RA 75 – Any writ or process issued
out or prosecuted by any person in any court
of the Republic of the Philippines, or by any
judge or justice, whereby the person of any
ambassador or
public minister of any foreign State,
authorized and received as such by the
President, or any domestic servant of any
such ambassador or minister is arrested or
imprisoned, or his goods or chattels are
distrained, seized, or attached, shall be
deemed void, and every person by whom the
same is obtained or prosecuted, whether as
party or as attorney, and every officer
concerned in executing it, shall upon
conviction, be punished by imprisonment for
not more than three years and a
fine of not exceeding two hundred pesos in
the discretion of the court.
Exceptions:
a. Citizen or inhabitant of the Republic of the
Philippines provided:
i. in service of an ambassador;
ii. process is founded upon a debt; and
iii. the debt is contracted before he entered
upon such service.
b. Domestic servants of an ambassador or a
public minister unless:
i. name of the servant has been registered in
the DFA; and
ii. such registration was made before the
issuance of the process against the servant.
Note: Not applicable when the foreign
country adversely affected does not provide
similar protection to our diplomatic
representatives.
3.Persons who are exempt because of certain
principles of international laws:
a. Sovereigns and other heads of states
b. Ambassadors, minister plenipotentiaries,
minister residents and charges d’ affaires.
They enjoy blanket immunity from the
criminal jurisdiction of the country where
they are assigned.
Since they are immune, they cannot be
arrested, prosecuted or punished
(Diplomatic Immunity from Suit).
Illustration:
A, the Ambassador of Malaysia to the
Philippines. A was summoned to Malacañang.
However, the driver of A was not feeling well
so instead, A drove himself to Malacañang. A
drove the vehicle in a reckless manner. As a
result. he hit and killed an innocent
pedestrian. A, as a Head of State, enjoys
blanket immunity from prosecution. He is
performing official functions; thus, he cannot
be prosecuted in Philippine courts.
Another Illustration:
Many Heads of States arrived in the
Philippines for the 2016 Miss Universe.
Among them was President A of Mexico. He
found Ms. China very attractive and invited
her to a date in a hotel. Afterwards, President
A raped her. In this case, President A can be
prosecuted for rape. Immunity is not
absolute. It is limited only to official functions.
Rape is outside of the functions of the Head of
State. Thus, President A may be prosecuted
here.
Note: The basis for granting immunity for
diplomatic heads is par in parem, non habet
imperium – that all States are sovereign
equals and cannot assert jurisdiction over one
another. The proscription is not for the
benefit of an individual, but for the State, in
whose service he is the diplomatic head.
Consuls, vice consuls, and consular officials do
not enjoy the immunity from criminal
prosecution under Philippine laws because
they merely represent their State’s
commercial, mercantile or business interest.
Illustration:
S, a foreign economist and an employee of
Asian Development Bank (ADB). A Filipino
filed an oral
defamation against S. The Department of
Foreign Affairs (DFA) issued a letter and
protocol to the court which states that ADB
and Philippine Government have
an agreement that the ADB economist is
immune from suit. In Liang v. People, the
Supreme Court ruled that diplomatic
immunity is only applied in the exercise of
one’s function. However, in this defamation
case, immunity will not lie. Evidence must be
gathered first to determine if the act was
done in the exercise of one’s function.
*The main yardstick in ascertaining whether a
person is a diplomat entitled to immunity is
the determination of whether or not he
performs duties of diplomatic nature.
Exception: The doctrine of immunity from suit
will not apply and may not be invoked where
the public official is being sued in his private
and personal capacity as an ordinary citizen.
The cloak of protection afforded the officers
and agents of the government are removed
the moment they are sued in their individual
capacity.
Legends:
• In the territorial waters, the State is free to
set its own laws.
• In contiguous zones, it can only create laws
for the enforcement of pollution, taxation,
customs and immigration purposes.
• In the Exclusive Economic Zone - the State
has the sole right to exploit its natural
resources.
• In the continental shelves- the State has the
right to harvest minerals, non-living creatures
in its subsoils etc.
Q: What comprises the Philippine Territory?
ANSWER:
A. The Philippine archipelago with all the
islands and waters embraced therein;
B. All other territories over which the
Philippines has sovereignty or jurisdiction;
C. The terrestrial, fluvial and aerial domains
including the territorial sea, the seabed, the
subsoil, the insular shelves, and other
submarine areas thereof; and
D. The internal waters.
TERRITORIALITY
Penal laws shall be applicable only within the
Philippine jurisdiction including its
atmosphere, internal waters etc.
General Rule – Crimes committed outside the
Philippine jurisdiction cannot be under
Philippine courts.
EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS (Art. 2, RPC)
1. When the offender shall commit an
offense on a Philippine ship or airship.
2. When the offender should forge or
counterfeit any coin or currency note of the
Philippines or obligations and securities
issued by the Philippine government.
3. When the offender should be liable for the
acts connected with the introduction into the
Philippines of the obligations and securities
mentioned in number two.
4. When the offender who is a public officer
or employee abroad shall commit an offense
in the exercise of his functions.
5. When the offender should commit an
offense against national security and the
laws of nations.
PROSPECTIVITY
Penal laws shall only be applied from the time
of effectivity.
EXCEPTION TO THE PROSPECTIVE
CHARACTER
1.When the new law is favorable to the
accused.
EXCEPTION TO THE EXCEPTION
1.When the offender is a habitual criminal.
2.When the new law expressly provides it has
no application or retroactive effect to pending
actions/cases.
CONSTRUCTION OF PENAL LAWS:
1. Penal laws are strictly construed against the
State and liberally in favor of the accused
2. If there is a conflict between the Spanish
text and the English text, the Spanish text
prevails.
EFFECTS OF REPEAL OF A PENAL LAW:
1. If the new law is favorable to the accused in
the sense that the penalty becomes lighter,
then the new law shall be applied. Except
when the accused is a habitual criminal.
2. But if the new law imposes a heavier
penalty, the old law shall be applied, that is
the law in force at the time of the commission
of the offense shall be applied.
Stages of felony✅
Art. 6. Consummated, frustrated, and
attempted felonies. — Consummated
felonies as well as those which are frustrated
and attempted, are punishable
A felony is CONSUMATED 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 by 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.
Qualifying circumstances (JEMAA)✅
JUSTIFYING CIRCUMSTANCES
Justifying circumstances - those where the
act of a person is said to be in accordance
with the law. As a consequence, he is freed
from criminal and civil liability.
Enumerate the Justifying Circumstances:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior
Q: Who has the burden to prove self-
defense?
A: The defense (accused)
REQUISITES OF SELF DEFENSE
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it;
3. Lack of sufficient provocation on the part of
the person defending himself
Unlawful aggression- is assault or at least
threatened assault of an immediate and
imminent kind.
* When the aggressor flees, there is no more
unlawful aggression
* But when he retreats to take advantage of a
better position, unlawful aggression still exists
* There is no unlawful aggression when there
is an agreement to a fight.
* Rights involved in self-defense includes
defense of honor and property.
TEST OF REASONABLENESS IN DETERMINING
WHETHER THERE IS SELF DEFENSE.
1. Nature of the weapon used by the
aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others
Provocation- any unjust or improper conduct
on the part of the offended party capable of
inciting or irritating anyone.
THINGS TO REMEMBER IN PROVOCATION:
1. There must be no provocation made by the
one claiming self-defense;
2. Even if provocation was given, it must be
sufficient provocation;
3. Even if the provocation was sufficient, but it
was not given by the person claiming self-
defense then there is self-defense.
DEFENSE OF RELATIVES; REQUISITES
1. Unlawful aggression

2. Reasonable necessity of the means
employed to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the defense
had no part therein.
• Relatives by affinity are those created by
marriage such as parents in law, sons and
daughters in law
• Relatives by consanguinity are relatives by
nature or by blood relations. Siblings are
within the 2nd civil degree, whereas uncle
and niece or aunt and nephew are within the
3rd civil degree, first cousins are within the
4th civil degree.
DEFENSE OF STRANGERS;6 REQUISITES:
1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. The person defending be not induced by
revenge, resentment or other evil motive.
AVOIDANCE OF GREATER EVIL
REQUISITES/STATE OF NECESSITY
1. That the evil sought to be avoided actually
exists;
2. That the injury feared be greater than that
done to avoid it;
3. That there be no other practical and less
harmful means of preventing it
STATE OF NECESSITY – As a rule, it is noted
that justifying circumstances are exempt from
criminal as well as civil liability. However, this
paragraph of Article 11 is an exception when
it comes to civil liability. Although he is not
criminally liable, he is civilly liable. Civil
liability is borne not only by the accused but
all those people who benefited in this state of
emergency. Under Art. 101 of the RPC, “In
cases falling within subdivision 4 of Article 11,
RPC, the persons for whose benefit the harm
has been prevented shall be civilly liable in
proportion to the benefit which they may
have received.
FULFILLMENT OF DUTY OR LAWFUL EXERCISE
OF RIGHT OR OFFICE
REQUISITES
1. The accused acted in the
performance of duty or in the lawful
exercise of a right or office.
2. The injury caused is the consequence
of the due performance7 of duty or
the lawful exercise of such right or
office.
Case: People vs. De Lima 46 Phil. 738
DOCTRINE OF SELF HELP- states that the
owner or the lawful possessor of a thing has
the right to exclude any person from the
enjoyment and disposal thereof. Thus, he may
use such force as may be reasonably
necessary to repel or prevent an actual or
threatened unlawful physical invasion or
usurpation of his property. (Art. 429 Civil
Code)
OBEDIENCE TO ORDER ISSUED BY A
SUPERIOR
(REQUISITES)
1. A lawful order has been issued by a
superior;
2. The means used by the accused
subordinate to carry out said order is lawful
GENOSA 419 SCRA 542
(BATTERED WOMAN SYNDROME)
Battered Woman Syndrome – refers to a
scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse. It is akin to justifying
circumstance. It is even better than in self-
defense because in the latter, you have to
prove that the elements are present.
However, in battered woman syndrome, what
should be proven is that the wife is suffering
from battered woman syndrome. It is through
the expert testimony of the psychiatrist who
will prove that the wife is suffering from
battered woman syndrome. If this is proven,
she is absolved from criminal and civil liability.
Battered Woman - a woman who is
repeatedly subjected to any forceful physical
or psychological behavior by a man in order to
do something he wants her to do without
concern for her rights. It includes wives or
woman in any form of intimate relationship
with a man. The couple must go through the
battering cycle at least twice.
Q: What are the cycles of violence in BWS?
A:
1. Tension Building Stage- where minor
battering occurs
2. Acute Battering Incident- characterized by
brutality, destructiveness and death.
3. Tranquil or loving phase- The batterer
shows loving caring nurture to the victim.
EXEMPTING CIRCUMSTANCES
Exempting Circumstances- are those grounds
for exemption from punishment because
there is wanting/missing in the agent of the
crime any of the conditions which make the
act voluntary or negligent
ENUMERATE THE EXEMPTING
CIRCUMSTANCES:
1. Imbecility; Insanity (unless the latter acted
during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he has
acted with discernment.
4. Accident
5. Irresistible force
6. Uncontrollable fear
7. Lawful or insuperable cause
Imbecile- One who is old but has a mental
development similar to children between the
ages 2-7 years.
Insanity- one which exists when there is a
complete deprivation of intelligence in
committing the criminal act, that is the
accused is deprived of reason and acts
without the least discernment.
Q: Who has the burden to prove insanity?
A: Defense (Accused)
INSANITY AT THE TIME OF THE COMMISSION
OF THE CRIME vs. INSANITY AT THE TIME OF
TRIAL
Discernment- the mental capacity of a minor
to distinguish between right from wrong and
to fully appreciate the consequences of his
felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances10
In the case of People v. Antonio (G.R. No. L-
3387, February 6, 1931), an old case, sleep
walking or somnambulism is also considered
as akin to insanity. He did not know what he
was doing at that time when he killed the
victim. Therefore, there is no criminal liability.
The second and third circumstances were
already amended by R.A. 9344 or the Juvenile
Justice and Welfare Act of 2006. This refers to
a child in conflict with the law.
REPUBLIC ACT 9344- AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM (Juvenile Justice and
Welfare
Act of 2006)
Child in Conflict with the Law- a child who is
accused or adjudged of having committed an
offense.
Initial contact with the child- refers to the
apprehension of a child in conflict with the
law by officers or private citizens.
Status Offense- offense which discriminates
only against a child while an adult does not
suffer any penalty for committing similar acts.
Examples are: curfew violations, truancy,
parental disobedience
Section 6 RA 9344 says: A child 15 years of
age or under at the time of the commission of
the offense shall be exempt from criminal
liability. A child above 15 years but below 18
shall likewise be exempt from criminal liability
and be subjected to intervention program
unless he has acted with
discernment.
Section 58 of the same law says: Persons
below 18 years of age shall be exempt from
prosecution for the crime of vagrancy and
prostitution, of mendicancy under PD 1563
and sniffing of rugby under PD 1619.
ACCIDENT REQUISITES
1. A person performs a lawful act;
2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.
Illustration:
A police officer saw two men fighting on a
street. They were hitting each other. The
police tried to pacify the two men but they
won’t stop. So, the police officer did was that
he fired shots to pacify the men. However,
one of the stray bullets landed on the child.
Unfortunately, the child died. The police
officer was prosecuted for homicide. As a
defense, the police officer was prosecuted for
homicide. As a defense, the police officer
invoked accident. In this case, although the
police officer is performing a lawful act in
pacifying the two men fighting on the street,
he did not perform it with due care.
Considering that it was a community, he knew
that a stray bullet would have landed on any
person. He should not have fired shots. The
police officer is liable for reckless imprudence
resulting to homicide, a culpable felony.
Case: US vs. Taneo 15 Phil 196
IRRESISTIBLE FORCE
Irresistible force- a force which produces such
an effect upon an individual that, in spite of
all resistance, it reduces him to a mere
instrument and as such incapable of
committing a crime
UNCONTROLLABLE FEAR
The exempting circumstance of
uncontrollable fear presupposes that the
accused is compelled by means of threat or
intimidation by a third person to commit a
crime.
Illustration:
Three men A, B and C killed D in front of E.
They told E to bury D otherwise they would
also kill him. Thus, E was constrained to burry
D. There was an uncontrollable fear and it is
real and imminent. E saw that they shot D and
they can also shoot him.

LAWFUL OR INSUPERABLE CAUSE
Illustration:
There is a war in which the Philippines is
involved. X, Y and Z conspired to commit
treason against the government. X, one of the
conspirators went to the priest and confided
to the latter that there was conspiracy
between Y and Z to commit treason against
the government. Despite knowledge on the
conspiracy to commit treason, the priest did
not immediately divulge it to the police.
Under Art. 116 of the RPC, the priest is
criminally liable for misprision of treason for
not divulging the conspiracy to commit
treason. However, the priest failed to perform
such act due to a lawful cause. Under the
rules on evidence, a confession made to a
priest is considered as a privileged
communication. Therefore, the priest does
not incur any criminal liability.
ABSOLUTORY CAUSES
1. Art 247. Death or physical injuries under
exceptional circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal
liability
4. Art. 20. Accessories who are exempt from
criminal liability
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a
peace officer induces a person to commit a
crime. Without the inducement, the crime
would not have evidence, or his utterances
and or overt acts before, during and after the
commission of the crime. Here, the accused
was aiming his gun towards a wild chicken.
However the bullet ricochets and hit a
bystander. The accused was exempted based
on the defense of accident.
Mitigating circumstances - those which if
present in the commission of a crime, do not
entirely free the actor from criminal liability
but reduces only the penalty.
ORDINARY MITIGATING CIRCUMSTANCES vs.
PRIVILEGED MITIGATING CIRCUMSTANCES
Ordinary Mitigating Circumstance – is one
which may be offset by a generic aggravating
circumstance. If an ordinary mitigating
circumstance is not offset by a generic
aggravating circumstance, it would reduce the
imposable penalty to its minimum period.
Privileged Mitigating Circumstance – is one
which cannot be offset by any aggravating
circumstance and the effect of privilege
mitigating circumstance is to reduce the
imposable penalty not only to its period but
by one or more degrees.
NO INTENTION TO COMMIT SO GRAVE A
WRONG AS THAT COMMITTED
Q: How to determine the lack of grave
intention to commit the offense? A: Consider
the following:
a. the weapon used
b. nature of the injury
c .part of the body targeted
This mitigating circumstance may be invoked
only in felonies resulting in some physical
harm like physical injuries, homicide etc.
PASSION OR OBFUSCATION; REQUISITES:
1. There is an unlawful act and sufficient to
produce passion or obfuscation;
2. The act which produced such emotion must
not be far removed from the commission of
the crime, during which the accused might
recover his normal equanimity
Illustration:
X attempted on the virtue of the wife of Y and
the latter learned about this from a neighbor.
Four days after, he went to X and hacked him
to death. In this case, the Supreme Court held
that 4 days is already a long time for the
offender to have recovered from his normal
equanimity.
VOLUNTARY SURRENDER
• Voluntary surrender must be made to a
person in authority or his agents
• A surrender is voluntary when it is
spontaneous in such a manner that it shows
the interest of the accused to surrender
voluntarily to the authorities either because
he acknowledges his guilt or wishes to save
the authorities the expenses incurred in his
search. Therefore, he should be given the
benefit of praeter intentionem.
SUFFICIENT PROVOCATION OR THREAT
IMMEDIATELY PRECEDED THE ACT
In the case of Urbano v. People (G.R. No.
182750, January 20, 2009), the victim has
always been calling and teasing on the
accused Urbano. So, there was a
confrontation because whenever the victim
was drunk, he would defame Urbano. Thus,
aside from verbal confrontation, it ensued
into a fight. In the said fight, Urbano was
losing because he was just a small man.
However, he was able to land one lucky punch
on the face of the victim and was about to fall
unconscious on the ground. However, the
other people around were able to prevent
him from falling on the ground. Nevertheless,
he became unconscious; in and out of the
hospital and later he died. The Supreme Court
ruled that Urbano is criminally liable for the
death of the victim. Under Art. 4,
he was committing a felonious act. Thus, he is
criminally liable for the resulting felony
although different from that which he
intended. However, there are 2 mitigating
circumstances considered to reduce the
imposable penalty; sufficient provocation and
that the offender had no intention to commit
so grave a wrong as that committed.Case:
People vs. Marquez 53 Phil 260
IMMEDIATE VINDICATION OF A GRAVE
OFFENSE
It is not necessary that the grave offense be a
punishable act, it suffices that it be any act,
immoral act which causes the offender
sleepless nights and moved him to vindicate
himself.
VOLUNTARY CONFESSION OF GUILT/PLEA OF
GUILTY REQUISITES
1. It must be made in open court
2. It must be made prior to the presentation
of evidence of the prosecution
Illustration:
X was charged with frustrated murder.
During the plea bargaining, X pleaded guilty to
attempted murder. For the plea of guilty to be
considered voluntary, it must be done begged
for pardon. The husband did an offense
against the wife. The husband was convicted
but, in his favor,, the mitigating circumstance
of “immediate provocation” was considered.
simultaneously which means plea of guilty to
the original crime charged. Thus, voluntary
plea of guilty should not be considered in this
case.
DEAF, DUMB, BLIND AND OTHER PHYSICAL
DEFECTS
Illustration:
X is a blind beggar near the San Sebastian
Church. One time, he was begging for alms
and suddenly he was scarped on his head with
a wound, it was so strong that he fell on the
ground wounded. Angry, he stood up, took his
cane and retaliated by hitting the person next
to him, not knowing that it was not the
person but an innocent passerby. The
innocent passerby suffered less
serious physical injuries and the blind beggar
was subsequently charged. The mitigating
circumstance of physical defect is present. His
being blind restricted his means of action,
defense or communication with his fellow
being. His intention was to hit the person who
scraped him with the wound but because he
could not see he hit an innocent passerby.
There was a relation between the physical
defect and the crime committed. Thus, it will
mitigate his criminal liability.
ILLNESS AS WOULD DIMINISH THE EXERCISE
OF THE WILL POWER
Illustration: X is a kleptomaniac; he has this
urge to steal. Now, his urge is to steal
diamonds. One time, he was in a party and
talking to a lady with diamond earrings,
diamond necklace, diamond watch and
diamond bracelet. After the conversation, the
lady went to the restroom. Upon looking at
the mirror, she shouted as she was shocked
because her jewelries were missing which
were already taken by X. X was prosecuted for
theft. In this case, his illness mitigates his
criminal liability. It diminishes his exercise of
his will-power without however depriving him
of consciousness of his act. He knew that he
was committing theft but he cannot control.
He has a diminished self-control to prevent
the commission of the crime. It will only
reduce the imposable penalty but it will not
exempt him from criminal liability.
OTHER ANALOGOUS CASES – Any other
circumstance which is similar in nature from
the 1st to 9th paragraph. Illustration: A public
officer who has malversed public funds;
voluntarily returned the same. It is akin to
voluntary surrender.
EXTENUATING CIRCUMSTANCES - are those
which have the same effect as mitigating
circumstances but not included in Article 13
of the RPC to lower the imposable
penalty.
Example:
A mother killed her own child less than 3 days
old in order to conceal her dishonor. The
penalty here will be lowered by 2 degrees,
from reclusion perpetua to death, the penalty
will be prision mayor.
AGGRAVATING CIRCUMSTANCES
Aggravating circumstances – are those which
if attendant in the commission of the offense,
would serve to increase the penalty
KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic- generally applies to all crimes.
Examples: Art. 14 Nos.
1,2,3,4,5,6,9,10,14,18,19 and 20, RPC)
2. Inherent- that must necessarily accompany
the commission of a crime. If present in the
commission of the crime, it is no longer
considered so as to increase the penalty since
the same is considered as an element of the
crime.
3. Qualifying- that which changes the nature
of the crime or bring about a more serious or
a higher penalty.
4. Specific- applies only to certain or
particular crimes. Treachery (Par. 16, Art. 14,
RPC); it can only be considered or appreciated
in crimes against persons.
5. Special – arises under special conditions to
increase the penalty for the offense in its
maximum period but the same cannot
increase the penalty to the next higher
degree. It cannot be offset by an ordinary
mitigating circumstance. Examples of which
are: quasi-recidivism; complex crime; when
homicide or murder is committed with the
use of an unlicensed firearms; and when in
the commission of the crime, advantage was
taken by the offender of his public position. If
there are more than one qualifying
aggravating circumstance as for example;
homicide qualified to murder, one will qualify
the felony to murder and the others shall be
considered as a generic aggravating
circumstance.
ALTERNATIVE CIRCUMSTANCES
Art. 15. Their concept. — Alternative
circumstances are those which must be taken
into consideration as aggravating or
mitigating according to the nature and effects
of the crime and the other conditions
attending its commission. They are the
relationship, intoxication and the degree of
instruction and education of the offender. The
alternative circumstance of relationship shall
be taken into consideration when the
offended party is 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
circumstance when the offender has
committed a felony in a state of intoxication,
if the same is not habitual or subsequent to
the plan to commit said felony but when the
intoxication is habitual
or intentional, it shall be considered as an
aggravating circumstance.
Alternative Circumstance- are those which
must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the other
conditions attending its commission.
Types of felonies✅
Grave Felonies, Less Grave Felonies and Light
FeloniesImportance of Classification
1. To determine whether the felonies can be
complexed or not.
2. To determine the prescription of the crime
and of the penalty.
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs.
and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties:
1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30
days)
d. Criminal Law Book 2 (9
questions)
Crimes against Public Order✅
REBELLION OR INSURRECTION—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 Philippine Islands or
any part thereof, of any body of land, naval or
other armed forces, depriving the Chief
Executive or the Legislature, wholly or
partially.
COUP D'ETAT—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.
1. Leaders – penalty is reclusion perpetua
2. Participants (gov’t) – reclusion temporal
3. Participants (not gov’t) – prision mayor
4. Deemed leader – reclusion perpetua (Any
person who in fact directed the others, spoke
for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels)

Elements:
1. Offender is a person or persons belonging
to the military, or police or holding any public
office or employment,
2. Committed by means of swift attack,
accompanied by violence, intimidation,
threat, strategy or stealth;
3. Directed against: a. duly constituted
authorities of the Philippines; b. any military
camp or installation; c. communication
networks, public utilities or
other facilities needed for the exercise and
continued possession of power
4. For the purpose of seizing or diminishing
state power.
Political Crime- Those directly aimed against
the political order; includes common crimes
committed to achieve a political purpose.
Decisive factor: Intent.
CONSPIRACY AND PROPOSAL TO COMMIT
REBELLION, COUP D'ETAT OR INSURRECTION
Conspiracy - when two or more persons come
to an agreement to rise publicly and take
arms against government for any of the
purposes of rebellion and decide to commit it.
Proposal - when the person who has decided
to rise publicly and take arms against the
government for any of the purposes of
rebellion proposes its execution to some
other person or persons.
DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES
1. Failing to resist rebellion by all the means in
their power; or
2. Continuing to discharge the duties of their
offices under the control of rebels; or
3. Accepting appointment to office under
rebels.
INCITING A REBELLION OR INSURRECTION —
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.
Note: In both, the crime of rebellion should
not be actually committed by the persons to
whom it is proposed or who are incited;
otherwise, they become principals by
inducement in the crime of rebellion
SEDITION—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
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.
Notes:
1. Common crimes are not absorbed in
sedition.
2. Offender may be a private or public person
3. Tumultuous uprising means that it is caused
by more than 3 persons who are armed or
provided w/ means of violence.
4. Preventing election through legal means is
NOT sedition.
5. There is conspiracy to commit sedition (Art.
141) but no proposal to commit sedition.
6. The purpose of this crime is not the
overthrow of the government but the
violation of public peace.
Can there be a complex crime of coup d’etat
with sedition?
- YES, coup d’etat can be complexed with
sedition because the two crimes are
essentially different and distinctly punished
under the Revised Penal Code. Sedition may
not be directed against the Government or
non-political in objective, whereas coup d’etat
is always political in objective as it is directed
against the
CONSPIRACY TO COMMIT SEDITION - There
must be an agreement and a decision to rise
publicly and tumultuously to attain any of the
objects of sedition in order to constitute this
crime
Note there is no proposal to commit
sedition.
INCITING TO SEDITION - 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.
ACTS TENDING TO PREVENT THE MEETING
OF THE ASSEMBLY AND SIMILAR BODIES - A
projected or actual meeting of Congress or
any of its committees or subcommittees,
constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council
or board; and that the offender who may be
any person prevents such meeting by force or
fraud.
DISTURBANCE OF PROCEEDINGS
Elements:
1. An actual meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council
or board; and
2. That the offender does any of the following
acts
a. he disturbs any of such meetings
b. he behaves while in the presence of any
such bodies in such a manner as to interrupt
its proceedings or to impair the respect due it.
Notes:
1. Complaint may be filed by a member of the
legislative body.
2. One who disturbs may also be punished for
contempt by Congress.
ILLEGAL ASSEMBLIES
2 Types Of Illegal Assemblies:
1. Meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Revised Penal Code;
Requisites:
a. There’s a meeting – gather or group of
persons whether fixed or moving;
b. Meeting is attended by armed persons
c. The Purpose of meeting is to commit any of
the crimes punishable under the RPC.
2. A meeting in w/c the audience is incited to
the commission of the crimes of treason,
rebellion or insurrection, sedition or assault
upon a person in authority or his agent.
Requisites:
a. There’s a meeting – gather or group of
persons whether fixed or moving;
b. Audience whether armed or not is incited
to the commission of the crime of treason,
rebellion or insurrection, sedition or direct
assault.
Persons liable for illegal assembly:
- the organizers or leaders of the meeting
- persons merely present at the meeting
(except when presence is out of curiosity –
not liable)
ILLEGAL ASSOCIATIONS
2 kinds of illegal associations
1. Organizations totally or partially organized
for the purpose of committing any of the
crimes in RPC; or
2. For some purpose contrary to public
morals.
Public Morals - matters which affect the
interest of society and public convenience and
is not limited to good customs.
Persons liable:
1. founders, directors and president of the
association; and
2. mere members of the association.
DIRECT ASSAULTS - Any person or persons
who, without a public uprising, shall employ
force or intimidation for the attainment of any
of the purpose enumerated in defining the
crimes of rebellion and sedition, or shall
attack, employ force, or seriously intimidate
or resist any person in authority or any of his
agents, while engaged in the performance of
official duties, or on occasion of such
performance.
2 Ways To Commit Direct Assault:
1. Without public uprising, by employing force
or intimidation for attainment of any of the
purposes enumerated in defining the crimes
of rebellion and sedition (first form)
Elements:
a. Offender employs force or intimidation;
b. Aim of offender is to attain any of the
purposes of the crime of rebellion and
sedition; and
c. That there is no public uprising.
2. Without public uprising, by attacking, by
employing force or by seriously intimidating
or by seriously resisting any person in
authority or any of his agents, while engaged
in the performance of official duties, or on
occasion of such performance. (second form)
Elements:
1. Offender
(a) makes an attack,
(b) employs force,
(c) makes a serious intimidation, or
(d) makes a serious resistance;
2. Person assaulted is a person in authority or
his agent;
3. At the time of the assault the person in
authority or his agent
a. is engaged in the actual performance of
official duties (motive is not essential); or
b. is assaulted by reason of the past
performance of official duties (motive is
essential);
4. That the offender knows that the one he is
assaulting is a person in authority or his
agent; and
5. No public uprising.
Notes:

1. The force employed need not be serious
when the offended party is a person in
authority (Ex. Laying of hands).
2. The intimidation or resistance must be
serious whether the offended party is an
agent-only or a person in authority (Ex.
Pointing a gun).
3. Even when the person in authority or the
agent agrees to fight, direct assault is still
committed.
4. When the person in authority or the agent
provoked/attacked first, innocent party is
entitled to defend himself and cannot be held
liable for assault or resistance nor for physical
injuries, because he acts in legitimate self-
defense.
5. Direct assault may be committed upon a
private person who comes to the aid of a
person in authority since he is then
considered an agent of a person in authority
Person In Authority – any person directly
vested with jurisdiction, whether as an
individual or as a member of some court or
governmental corporation, board, or
commission. 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.
They include:
a. Barangay captain
b. Barangay chairman
For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of
public or duly recognized private schools,
colleges, and universities
d. Lawyers in the actual performance of their
professional duties or on the occasion of such
performance Under RA 7160 (Local Gov. Code
of the Phil.) The punong barangay,
sangguniang barangay members and
members of the lupong tagapamayapa in
each barangay shall be deemed as persons in
authority in their jurisdictions.
Agent Of Person In Authority – any 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. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of
persons in authority
e. Other barangay officials and members who
may be designated by law or ordinance and
charged with the maintenance of public
order, protection and the security of life,
property, or the maintenance of a desirable
and balanced environment, and any barangay
member who comes to the aid of persons in
authority shall be deemed agent of persons in
authority.
INDIRECT ASSAULTS —any person who shall
make use of force or intimidation upon any
person coming to the aid of the authorities or
their agents on occasion of the commission of
any of the crimes defined in the
next preceding article.
1. The direct assault is committed against an
agent of a person in authority;
2. That the offended party comes to the aid of
such agent of a person in authority; and
3. That the offender makes use of force or
intimidation upon the said offended party.
Notes:
1. Indirect assault can be committed only
when a direct assault is also being committed.
2. To be indirect assault, the person who
should be aided is the agent and not the
person in authority. If aid was given to
persons in authority, it is already direct
assault.
RESISTANCE AND DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE AGENT OF
SUCH PERSON
Elements:
1. That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender;
2. That the offender resists or seriously
disobeys such person in authority or his
agent; and
3. That the act of the offender is not included
in the provisions of arts. 148, 149, and 150.
Elements Of Simple Disobedience
1. That an agent of a person in authority is
engaged in the performance of official duty
gives a lawful order to the offender;
2. That the offender disobeys such agent of a
person in authority; and
3. That such disobedience is not of a serious
nature.
Notes:
1. Resistance mustn’t be serious otherwise it’s
direct assault.
2. The accused must have knowledge that the
person giving the order is a peace officer.
DISOBEDIENCE TO SUMMONS ISSUED BY
CONGRESS
Acts Punishable:
1. Disobedience w/o legal excuse to summons
issued by the Congress or any of its
committees or subcommittees;
2. Refusal of any person present before a
legislative or constitutional body or official to:
(a) to be sworn or placed under affirmation;
(b) to answer any legal inquiry; or
(c) to produce books, documents, records etc.
when required to do so by the said bodies in
the exercise of their functions;
3. Restraining another from attending as
witness in such body; or
4. Inducing disobedience to a summons or
refusal to be sworn.
TUMULTS AND OTHER DISTURBANCE OF
PUBLIC ORDERS; TUMULTUOUS
DISTURBANCE OR INTERRUPTION LIABLE TO
CAUSE DISTURBANCE —person who shall:
1. Cause any serious disturbance in a public
place, office or establishment;
2. Interrupting or disturbing public
performances, functions, gatherings or
peaceful meetings, if the act is not
included in Art 131 and 132 (Public Officers
interrupting peaceful meetings or religious
worship);
3. Making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place;
4. Displaying placards or emblems which
provoke a disturbance of public order in such
place;
5. Burying with pomp the body of a person
who has been legally executed.
Tumultuous - caused by more than 3 persons
who are armed or provided with means of
violence.
ALARMS AND SCANDAL- any person who
shall commit any of the following:
1. Discharging any firearm, rocket, firecracker,
or other explosive within any town or public
place, calculated to cause alarm or danger.
2. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
3. Disturbing the public peace while
wandering about at night or while engaged in
any other nocturnal amusement.
4. Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided the act is not covered by Art 153
(tumult).
Notes:
1. Charivari- is a mock serenade or discordant
noises made with kettles, tin horns etc.,
designed to deride, insult or annoy.
2. Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
(Art. 254).
3. The crime alarms and scandal is only one
crime.
4. Scandal here does not refer to moral
scandal; that one is grave scandal in Article
200.
5. The essence of the crime is disturbance of
public tranquility and public peace.
DELIVERY OF PRISONERS FROM JAIL- any
person who shall remove from any jail or
penal establishment any person confined
therein or shall help the escape of such
person, by means of violence, intimidation, or
bribery.
Elements:
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes therefrom such
person, or helps the escape of such person.
Notes:
1. Prisoner may be detention prisoner or one
sentenced by virtue of a final judgment.
2. Escapee, if already serving final judgment,
will in turn be held liable for evasion of
sentence (Art. 157).
3. If the prisoner who escapes is only a
detention prisoner, he does not incur liability
from escaping if he does not know of the plan
to remove him from jail.
4. But if such prisoner knows of the plot to
remove him from jail and cooperates therein
by escaping, he himself becomes liable for
delivering prisoners from jail as a principal by
indispensable cooperation.
EVASION OF SERVICE OF SENTENCE - any
convict who shall evade service of his
sentence by escaping during the term of his
imprisonment by reason of final judgment.
Notes:
1. If the offender escaped within the 15-day
appeal period, crime is not evasion because
judgment is not yet final.
Evasion of service of sentence has three
forms:
(1)By simply leaving or escaping from the
penal establishment under Article 157;
(2)Failure to return within 48 hours after
having left the penal establishment because
of a calamity, conflagration or mutiny and
such calamity, conflagration or mutiny has
been announced as already passed.
(3)Violating the condition of conditional
pardon under Article 159.
Situation: Manny killed his wife under
exceptional circumstances and was sentenced
by the Regional Trial Court of Dagupan City to
suffer the penalty of destierro during which
he was not to enter the city. While serving
sentence, Manny went to Dagupan City to
visit his mother. Later, he was arrested in
Manila.
1. Did Manny commit any crime?
2. If so, where should he be prosecuted?
Answer: Yes. Manny committed the crime of
evasion of service of sentence when he went
to Dagupan City, which he was prohibited
from entering under his sentence of destierro
Although destierro does not involve
imprisonment, it is nonetheless a deprivation
of liberty. (People vs. Abilong. 82 Phil. 172)
Crimes against Persons✅
PARRICIDE - Any person who shall kill his
father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty
of reclusion perpetua to death.
Notes:
1. Muslim husbands with several wives can be
convicted of parricide only in case the first
wife is killed.
2. A stranger who cooperates in committing
parricide is liable for murder or homicide.
3. Even if the offender did not know that the
person he had killed is his son, he is still liable
for parricide because the law does not require
knowledge of the relationship.
4. Killing a sibling (brother or sister) is not
parricide.
DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES. -
Any legally married person who having
surprised his spouse in the act of committing
sexual intercourse with another person, shall
kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer
the penalty of destierro.
Notes:
1. If he shall inflict upon them physical injuries
of any other kind, he shall be exempt from
punishment.
2. These rules shall be applicable, under the
same circumstances, to parents with respect
to their daughters under eighteen years of
age, and their seducer, while the daughters
are living with their parents.
3. Penalty of destierro for killer spouse is
meant to protect him from acts of reprisal by
relatives of dead spouse.
4. This article applies only when the daughter
is single.
5. Art. 247 is applicable even when the
accused did not see his spouse in the act
sexual intercourse withanother person. It is
enough that circumstances reasonably show
that the carnal act is being committed or has
been committed.
6. Article does not apply: If the surprising took
place before any actual sexual intercourse
could be done or after the actual sexual
intercourse was finished.
7. “Immediately thereafter” means that the
discovery, escape, pursuit and the killing must
all form parts of one continuous act.
Living with parent - is understood to be in
their own dwelling because of the
embarrassment and humiliation done to the
parent and parental abode. If done in a motel,
article does not apply.
MURDER.- Any person who, not falling within
the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be
punished by reclusion temporal in its
maximum period to death, if committed with
any of the following attendant circumstances:
1. With treachery, taking advantage of
superior strength, with the aid of armed men,
or employing means to weaken the defense
or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward, or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or
locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other
means
involving great waste and ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Note: A sudden and unexpected attack under
circumstances which render the victim unable
to defend himself by reason of the
suddenness and severity of the attack
constitutes alevosia.
Evident Premeditation- act of the offender
manifestly indicating that he clung to his
determination to kill his victim
- Evident premeditation is absorbed in price,
reward, or promise, if without the
premeditation the inductor would not have
induced the other to commit the act but not
as regards the one induced.
Situation: Candido stabbed an innocent
bystander who accidentally bumped him. The
innocent bystander died as a result of the
stabbing. Candido was arrested and was
tested to be positive for the use of "shabu" at
the time he committed the stabbing. What
should be the proper charge against Candido?
Explain.
Answer: The killing was not attended by any
of the qualifying circumstances enumerated
under Article 248 of the Revised Penal Code.
The killing, however, constitutes murder
because the commission of a crime under
the influence of prohibited drugs is a
qualifying, aggravating circumstance. (Sec. 25,
R.A. No. 9165)
Situation: The accused, not intending to kill
the victim, treacherously shot the victim while
the victim was turning his back to him. He
aimed at and hit the victim only on the leg.
The victim, however, died because of the loss
of blood. Can the accused be liable for
homicide or murder, considering that
treachery was clearly involved but there was
no attempt to kill? Explain your answer.
Answer: The accused is liable for the death of
the victim even though he merely aimed and
fired at the latter's leg, "not intending to kill
the victim", considering that the gunshot was
felonious and was the proximate cause of
death. An offender is liable for all the direct,
natural, and logical consequences of his
felonious act although different from what he
intended. However, since specific intent to kill
is absent, the crime for said death is only
homicide and not murder (People vs. Pugay
and Samson, 167 SCRA 439)
HOMICIDE - Any person who, not falling
within the provisions of Article 246, shall kill
another without the attendance of any of the
circumstances enumerated in the next
preceding article, shall be deemed guilty of
homicide and be punished by reclusion
temporal.
Elements
1. That a person was killed;
2. That the accused killed him without any
justifying circumstances;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of
the qualifying circumstances of murder, or by
that of parricide or infanticide.
DEATH CAUSED IN A TUMULTUOUS AFFRAY -
When, while several persons, not composing
groups organized for the common purpose of
assaulting and attacking each other
reciprocally, quarrel and assault each other in
a confused and tumultuous manner, and in
the course of the affray someone is killed, and
it cannot be ascertained who actually killed
the deceased, but the person or persons who
inflicted serious physical injuries can be
identified, such person or persons shall be
punished by prision mayor.
Persons Liable:
1. person/s who inflicted serious physical
injuries
2. if it is not known who inflicted serious
physical injuries on the deceased, all persons
who used violence upon the person of the
victim.
Notes:
1. Tumultuous affray exists when at least 4
persons take part in it.
2. Those who used violence are liable for
death caused in a tumultuous affray only if it
cannot be determined who inflicted the
serious physical injuries on the deceased
PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
1. That there is a tumultuous affray as
referred to in the preceding article;
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature only;
3. That the person responsible therefor
cannot be identified; and
4. That all those who appear to have used
violence upon the person of the offended
party are known.
Note: No crime of physical injuries resulting
from a tumultuous affray if the physical injury
is only slight.
Slight physical injury is considered as
inherent in a tumultuous affray.
GIVING ASSISTANCE TO SUICIDE
1. Assisting another to commit suicide,
whether the suicide is consummated or not.
2. Lending his assistance to another to
commit suicide to the extent of doing the
killing himself.
Notes:
1. A person who attempts to commit suicide is
not criminally liable.
2. A pregnant woman who tried to commit
suicide by means of poison but instead of
dying, the fetus in her womb was expelled, is
not liable for abortion.
3. Assistance to suicide is different from
mercy- killing. Euthanasia or mercy-killing is
the practice of painlessly putting to death a
person suffering from some incurable disease.
In this case, the person does not want to die.
A doctor who resorts to euthanasia may be
held liablefor murder.
4. The person attempting to commit suicide is
not liable if he survives.
DISCHARGE OF FIREARMS- the offender
discharges a firearm against or at another
person; and that the offender has no
intention to kill that person.
Notes:
1. The offender must shoot at another with
any firearm without intention of killing him. If
the firearm is not discharged at a person, the
act is not punished under this article.
2. A discharge towards the house of the victim
is not discharge of firearm. Firing a gun at the
house of the offended party, not knowing in
what part of the house the people were, is
only alarm under Art. 155.Usually, the
purpose of the offender is only to intimidate
or frighten the offended party.
3. If there is intention to kill, it may be
classified as frustrated or attempted parricide,
murder, or homicide.
No intent to kill if the distance is 200 meters.
INFANTICIDE - any person who shall kill any
child less than three days of age (less than 72
hours).
Notes:
1. If the offender is the parent and the victim
is less than three days old, the crime is
infanticide and not parricide.
2. There is no infanticide when the child was
born dead, or although born alive it could not
sustain an independent life when it was killed.
3. A stranger who cooperates in the
perpetration of infanticide committed by the
mother or grandparent on
the mother’s side is liable for infanticide, but
he must suffer the penalty prescribed for
murder.
INTENTIONAL ABORTION
Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or
beverages administered, or that the accused
otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or
drugs or beverages upon her, or any other act
of the accused, the fetus dies, either in the
womb or after having been expelled
therefrom.
4. That the abortion is intended.
Notes:
1. A fetus about six months old cannot subsist
by itself, outside the maternal womb.
Abortion usually means expulsion before 6th
month or before term of its viability
2. Infanticide, if: (1) Fetus could sustain
independent life after its separation from
maternal womb, and (2) it is killed
Ways of committing intentional abortion
1. Using any violence upon the person of the
pregnant woman;
2. Acting, but without using violence, without
the consent of the woman. (By administering
drugs or beverages upon such pregnant
woman without her consent.)
3. Acting (by administering drugs or
beverages), with the consent of the pregnant
woman.
UNINTENTIONAL ABORTION
1. That there is a pregnant woman;
2. That violence is used upon such pregnant
woman without intending an abortion;
3. That the violence is intentionally exerted;
and
4. That as a result of the violence the fetus
dies, either in the womb or after having been
expelled therefrom.
ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent, or
c. any of her parents, with her consent for the
purpose of concealing her dishonor.
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF ABORTIVES
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician
or midwife, causes or assists in causing the
abortion; and
4. That said physician or midwife takes
advantage of his or her scientific knowledge
or skill.
RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Acts Punished:
1. Killing one’s adversary in a duel.
2. Inflicting upon the adversary serious
physical injuries.
3. Making combat although no physical
injuries have been inflicted.
Notes:
1. A duel is a formal or regular combat
previously concerted between 2 parties in the
presence of 2 or more persons of lawful age
on each side, who make the selection of arms
and fix all the other conditions of the fight.
2. There is no such crime nowadays because
people hit each other even without entering
into any preconceived agreement. This is an
obsolete provision.
3. If there are no the conditions of the fight, it
is not a duel in the sense contemplated in the
Revised Penal
Code. It will be a quarrel and anyone who
killed the other will be liable for homicide or
murder, as the case may be
CHALLENGING TO A DUEL
Acts Punishable:
1. Challenging another to a duel.
2. Inciting another to give or accept a
challenge to a duel.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel.
People v. Tacomoy
If one challenges another to a duel by
shouting “Come down, Olympia, let us
measure your prowess. We will see whose
intestines will come out. You are a coward if
you do not come down”, the crime of
challenging to a duel is not committed. What
is committed is the crime of light threats
under Article 285, paragraph 1 of the Revised
Penal Code.
MUTILATION
Kinds:
1. Intentionally mutilating another by
depriving him, totally or partially, of some
essential organ for reproduction.
2. Intentionally making other mutilation, i.e.
lopping, clipping off any part of the body of
the offended party, other than the essential
organ for reproduction, to deprive him of that
part of his body.
SERIOUS PHYSICAL INJURIES
How Committed: Wounding, Beating,
Assaulting; or Administering injurious
substances.
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence of
the physical injuries inflicted.
2. When the injured person –
a. loses the use of speech or the power to
hear or to smell, loses an eye, a hand, foot,
arm or leg,
b. loses the use of any such member, or
c. becomes incapacitated for the work in
which he had been habitually engaged
3. When the injured person –
a. becomes deformed,
b. loses any other member of his body,
c. loses the use thereof, or
d. becomes ill or incapacitated for the
performance of the work in which he had
been habitually engaged in for more than 90
days
4. When the injured person becomes ill or
incapacitated for labor for more than 30 days
(but not more
than 90 days).
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. That the offended party is incapacitated for
labor for 10 days or more (but not more than
30 days), or needs medical attendance for the
same period of time; and
2. That the physical injuries must not be those
described in the preceding articles.
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
Three (3) Kinds:
1. That which incapacitated the offended
party for labor from 1-9 days or required
medical attendance during the same period.
2. That which did not prevent the offended
party from engaging in his habitual work or
which did not require medical attendance (Ex.
blackeye).
3. Ill-treatment of another by deed w/o
causing any injury. (Ex. slapping but w/o
causing dishonor)
RAPE: The Anti-Rape Law of 1997 (RA 8353)
now classified the crime of rape as a Crime
Against Persons.
Elements:
1. By a man who shall have carnal knowledge
of a woman under any of the following
circumstances:
a. through force, threat or intimidation;
b. when the offended party is deprived of
reason or otherwise unconscious;
c. by means of fraudulent machination or
grave abuse of authority; or
d. when the offended party is under 16 years
of age or is demented, even though none of
the circumstances mentioned above be
present (RA 11648).
2. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault
by inserting
a. his penis into another person’s mouth or
anal orifice; or
b. any instrument or object, into the genital or
anal orifice of another person.
Rape may be proved by testimony of woman
alone
1. An accusation for rape can be made with
facility, is difficult to prove, but more difficult
for person accused, though innocent, to
disprove
2. Nature only two persons are involved,
testimony of complainant must be scrutinized
with extreme caution
3. The evidence for prosecution must stand or
fall on its own merits, and cannot be allowed
to draw strength from weakness of evidence
for defense
Notes:
1. In rape by sexual assault, the word
"instrument or object" should be construed to
include a human finger.
2. The definition of the crime of rape has been
expanded with the enactment of Republic Act
No. 8353, otherwise known as the Anti-Rape
Law of 1997, to include not only "rape by
sexual intercourse" but now likewise "rape by
sexual assault." An act of sexual assault under
the second paragraph of the article can be
committed by any person who, under the
circumstances mentioned in the first
paragraph of the law, inserts his penis into
the mouth or anal orifice, or any instrument
or object into the genital or anal orifice, of
another person. The law, has not made any
distinction on the sex/gender of either the
offender or the victim. Neither must the
courts make such distinction.
3. Even the slightest contact of the penis with
the labia under the circumstances
enumerated under Art.
266- A of the Revised Penal Code constitutes
rape.
4. The negative findings of spermatozoa on
the medico-legal report does not prove that
no rape was committed.
5. In Qualified Rape, the term “guardian”
refers to a legal guardian as in the case of
parents or guardian ad litem or judicial
guardian appointed by the court, and not
merely to an uncommitted caretaker over a
limited period of time.
Crimes against Property✅
Who are guilty of ROBBERY?
Elements Of Robbery In General:
1. That there be personal property belonging
to another (bienes muebles)
2. That there is unlawful taking of that
property (apoderamiento or asportacion)
3. That the taking must be with intent to gain;
(animus lucrandi)
4. That there is violence against or
intimidation of any person, or force upon
anything.
General rule: Person from whom property
was taken need not be the owner. Legal
possession is sufficient.
The identity of the real owner is not essential
so long as the personal property taken does
not belong to the accused. Exception: If the
crime is robbery with homicide
Notes:
1. The taking of personal property must be
unlawful in order to constitute robbery. If the
property is in the possession of the offender
because it was given to him in trust by the
owner, the crime is estafa.
2. If taking was lawful, then misappropriated
after possession crime may be malversation,
(estafa)
3. As to robbery w/ violence or intimidation,
from the moment the offender gains
possession of the thing even if offender has
had no opportunity to dispose of the same,
the unlawful taking is complete. The violence
or intimidation must be committed against
the person of the offended party, not upon
the thing taken.
4. As to robbery w/ force upon things, thing
must be taken out of the building in order to
consummate robbery.
5. The unlawful taking must not be under the
claim of title or ownership.
6. When there is no intent to gain but there is
violence in the taking, the crime is grave
coercion.
7. When both violence or intimidation and
force upon things concur in committing the
crime, it is robbery w/ violence against
persons.
8. RA 6539 (Anti Carnapping lawa) is
applicable when property taken in robbery is
a motor vehicle (Carnapping: taking with
intent to gain of motor vehicle belonging to
another without the latter’s consent, or by
means of violence against or intimidation of
persons or by using force upon things
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
1. When by reason or on occasion of the
robbery, homicide is committed;
2. When the robbery is accompanied w/ rape
or intentional mutilation or arson;
3. When by reason or on occasion of robbery,
any of the physical injuries resulting in
insanity, imbecility, impotency, or blindness is
inflicted;
4. When by reason of or on occasion of the
robbery, serious physical injuries resulting in
the loss of the use of speech, or the power to
hear or to smell, or the loss of an eye, hand,
foot, arm, leg, or the loss of the use of any
such member or incapacity for work in w/c
victim is habitually engaged is inflicted;
5. If the violence / intimidation employed in
committing the robbery shall have been
carried to a degree clearly unnecessary for
the crime;
6. When in the course of its execution,
offender inflicts upon any person not
responsible for the commission of robbery
any of the physical injuries resulting to
deformity, loss of any part of the body or the
use thereof, or illness or incapacity for the
performance of the work for > 90 days or > 30
days;
7. If the violence employed does not cause
any serious physical injuries defined in Art.
263, or if offender employs intimidation only
SPECIAL COMPLEX CRIMES WITH SPECIFIC
PENALTIES PRESCRIBED
1. Robbery with homicide is committed if
original design is robbery and homicide was
committed although homicide precedes the
robbery by an appreciable time. If original
design is not robbery but robbery was
committed after homicide as an afterthought,
offender committed 2 separate offenses of
robbery and homicide. The crime is still
robbery with homicide if the person killed was
an innocent bystander and not the person
robbed and even if the death supervened by
mere accident.
2. In robbery with rape, the intent to commit
robbery must precede rape. Prosecution of
the crime need not be by the offended party
and the fiscal can sign the information. When
rape and homicide co-exist in a robbery, rape
should be considered as aggravating only and
the crime is still robbery with homicide.
ROBBERY WITH PHYSICAL INJURIES
COMMITTED IN AN UNINHABITED PLACE
AND BY A BAND, OR WITH THE USE OF
FIREARM ON THE STREET, ROAD OR ALLEY
-Other qualifying circumstances in robbery
with violence or intimidation of persons is
when the robbery is committed –
1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car,
motor vehicle or airship, or
4. by entering the passenger’s compartments
in a train, or in any manner taking the
passengers thereof by surprise in the
respective conveyances, or
5. on a street, road, highway or alley and the
intimidation is made with the use of firearms.
Band- When at least four armed malefactors
take part in the commission of a robbery.
Requisites for liability for the acts of the
other members of the band:
1. That the accused was a member of the
band;
2. That he was present at the commission of a
robbery by that band;
3. That the other members of the band
committed an assault; and
4. That he did not attempt to prevent the
assault.
Note: There is no crime as “robbery with
homicide in band”. Band is only ordinary
aggravating circumstance in robbery w/
homicide
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION. - Any person
who, with intent to defraud another, by
means of violence or intimidation, shall
compel him to sign, execute or deliver any
public instrument or documents, shall be held
guilty of robbery.
-When the offended party is under obligation
to sign, execute or deliver the document
under the law, it is not robbery but coercion.
Example: Resenting B's riches and relying on
his political influence, A decided to harass and
intimidate B into sharing with him some of his
lands, considering that the latter was single
and living alone. One night, A broke into B's
house, forced him to bring out some titles and
after picking out a title covering 200 square
meters in their barangay, compelled B to type
out a Deed of Sale conveying the said lot to
him for P1.00 and other valuable
considerations. All the while, A carried a paltik
caliber .45 in full view of B, who signed the
deed out of fear.

ROBBERY WITH FORCE UPON THINGS
1. That the offender entered
(a) an inhabited house, or
(b) public building, or
(c) edifice devoted to religious worship;
2. That the entrance was effected by any of
the following means:
a. Through an opening not intended for
entrance or egress,
b. By breaking any wall, roof, or floor or
breaking any door or window,
c. By using false keys, picklocks or similar
tools, or
d. By using any fictitious name or pretending
the exercise of public authority; and
3. That once inside the building, the offender
took personal property belonging to another
with intent to gain.
Inhabited house- is any shelter, ship, or vessel
constituting the dwelling of one or more
person even though temporarily absent
therefrom when robbery is committed. It
includes dependencies, courts, corals, barns,
etc.
It does not include orchards and lands for
cultivation.
Public building - every building owned by the
Government or belonging to a private person
but used or rented by the Government,
although temporarily unoccupied by the
same.
Breaking - means entering the building. The
force used in this means must be actual, as
distinguished from that in the other means
which is only constructive force.
In robbery by use of force upon things, it is
necessary that offender enters the building or
where object may be found. When there was
no entry, no robbery was committed. Whole-
body must be inside the house, public
building, or place devoted to worship to
constitute entering.
Note: Passing through an open door but
getting out of a window is not robbery but
theft. To constitute robbery, the outside door
must be broken or smashed. If the lock was
merely removed or the door was merely
pushed, crime is only theft.
False keys are genuine keys stolen from the
owner or any keys other than those intended
by the owner for use in the lock w/c was
forcibly opened by the offender. The key must
have been stolen not by force.
Otherwise, it’s robbery by violence and
intimidation against persons. False key must
have been used in opening house and not any
furniture inside. Otherwise, the crime is only
theft.
FALSE KEYS include:
1. picklocks or similar tools,
2. genuine keys stolen from the owner; and
3. any key other than those intended by
owner for use in the lock forcibly opened by
the offender. If the key
was entrusted to the offender and he used it
to steal, crime is not robbery but theft.
Elements of robbery with force upon things
under subdivision (b):
1. That the offender is inside a dwelling
house, public building, or edifice devoted to
religious worship, regardless of the
circumstances under which he entered it; and
2. That the offender takes personal property
belonging to another with intent to gain,
under any of the following circumstances:
a. by the breaking of doors, wardrobes,
chests, or any other kind of locked or sealed
furniture or receptacle,
or;
b. by taking such furniture or objects away to
be broken or forced open outside the place of
the robbery.
It is not necessary that entrance was made
through any of the means mentioned in
subdivision
(a). Offender may be servants or guests.
Destruction of keyhole of cabinet is robbery
under this subsection. When sealed box is
taken out for the purpose of breaking it, crime
is already consummated robbery. There is no
need to actually open it inside the building
from where it was taken. But if the box was
confided (entrusted) into the custody of
accused and he takes the money contained
therein, the crime is estafa. The crime is theft
if the box was found outside of the building
and the accused forced it open.
ILLEGAL POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS
Elements:
1. That the offender has in his possession
picklocks or similar tools;
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery; and
3. That the offender does not have lawful
cause for such possession.
Picklocks are those specially adapted for the
commission of the robbery. General Rule: If
false key/picklock was used to open an inside
door (Ex. door of a room) and offender took
personal property, the crime is only theft.
Exception: If the room is a separate dwelling
place, crime is robbery.
BRIGANDAGE: There is brigandage when –
1. at least four armed persons,
2. band of robbers, and
3. their purpose is any of the ff (Article 306):
a. Robbery in the highway
b. Kidnapping for extortion or ransom
c. Any other purpose to be obtained by means
of force and violence.
Presumption of law as to brigandage: all are
presumed highway robbers or brigands, if any
of them carries unlicensed firearm. The arms
carried may be any deadly weapon.
Aiding And Abetting A Band Of Brigands
Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands; and
3. That the offender does any of the following
acts:
a. he in any manner aids, abets, or protects
such band of brigands, or
b. he gives them information of the
movements of the police or other peace
officers of the Government, or
c. he acquires or receives the property taken
by such brigands.
THEFT- committed by any person who, with
intent to gain but without violence against or
intimidation of persons nor force upon things,
shall take personal property of another
without the latter’s consent.
Elements Of Theft
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the
consent of the owner; and
5. That the taking be accomplished without
the use of violence against or intimidation of
persons or force upon things.
QUALIFIED THEFT
1. It is committed by a domestic servant, or
2. Committed with grave abuse of confidence,
or
3. The property stolen is a: a. motor vehicle,
b. mail matter, c. large cattle, d. coconut from
the premises of a plantation; e. fish from a
fishpond or fishery, or
4. Committed on the occasion of calamities,
vehicular accident and civil disturbance.
Grave abuse of confidence - necessitates a
high degree of confidence between the
offender and the offended party. (Ex. guests).
Hence, when there is no confidence with the
parties, the crime is not qualified theft. Theft
is qualified if it is committed by one who has
access to the place where stolen property is
kept. (Ex. security guards, tellers)
Note: When a PUV in “boundary” system
entrusted to the offender is sold to another,
the crime is theft. On the other hand, if the
motor vehicle is not used for public utility in
“boundary” system but under contract of
lease, the crime is estafa. On the other hand,
when the purpose of taking the car is to
destroy by burning it, the crime is arson. If a
private individual took a letter containing
postal money order it is qualified theft. If it
was the postmaster, to whom the letter was
delivered, the crime would be infidelity in the
custody of documents.
Theft of Property of the National Library and
National Museum- Theft of property of the
National Museum and National Library has a
fixed penalty regardless of its value. But if it
was with grave abuse of confidence, the
penalty for qualified theft shall be imposed.
PD 704 ILLEGAL FISHING: Prima facie
presumption of illegal fishing when:
1) Explosive, obnoxious or poisonous
substance or equipment or device for electric
fishing are found in the fishing boat or in the
possession of fisherman; or
2) When fish caught with the use of
explosives, obnoxious or poisonous
substances or by electricity are found in a
fishing boat
PD 533 ANTI-CATTLE RUSTLING LAW
Cattle rustling- taking away by means,
methods or schemes, without the consent of
the owner/raiser, of any large cattle whether
or not for profit, or whether committed with
or without violence against or intimidation of
person or force upon things. It includes the
killing of large cattle, taking its meat, or hide
without the consent of the owner/raiser.
Presumption: Every person in possession of
large cattle shall upon demand by competent
authorities exhibit required documents.
Failure to do so is prima facie evidence that
large cattle in possession are fruits of the
crime of cattle rustling.
Large cattle: include cow, carabao, horse,
mule, ass, other domesticated members of
the bovine family. A goat is not included
because it is not large.
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
–
Any person who, by means of violence against
or intimidation of persons, shall take
possession of any real property or shall usurp
any real rights in property belonging to
another.
Elements:
1. That the offender takes possession of any
real property or usurps any real rights in
property;
2. That the real property or real rights belong
to another;
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurpation real rights in
property; and
4. That there is intent to gain.
ALTERING BOUNDARIES OR LANDMARKS
Elements:
1. That there be boundary marks or
monuments of towns, provinces, or estates,
or any other marks intended to designate the
boundaries of the same; and
2. That the offender alters said boundary
marks.
The word “alter” may include: a. destruction
of stone monument; b. taking it to another
place; c. removing a fence.
SWINDLING (ESTAFA)
Elements Of Estafa In General:
1. Defrauded another (a) by abuse of
confidence, or (b) by means of deceit; and
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person.
3 Ways Of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B):
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
OTHER FORMS OF SWINDLING
1. Any person who, pretending to be owner of
any real property, shall convey, sell,
encumber or mortgage the same.
2. Any person, who, knowing that real
property is encumbered, shall dispose of the
same, although such encumbrance be not
recorded.
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or any
third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious contract.
5. Any person who shall accept any
compensation given him under the belief that
it was in payment of services rendered or
labor performed by him, when in fact he did
not actually perform such services or labor.
6. Any person who, while being a surety in a
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or before
being relieved from the obligation contracted
by him, shall sell, mortgage, or, in any other
manner, encumber the real property or
properties with which he guaranteed the
fulfillment of such obligation.
OTHER DECEITS
1. By defrauding or damaging another by any
other deceit not mentioned in preceding
articles; and
2. By interpreting dreams, making forecasts
fortune-telling, or by taking advantage of the
credulity of the public in any other similar
manner for profit or gain
ARSON- is the malicious destruction of
property by fire. Arson committed by any
person who burns or sets fire to the property
of another or to his own property under
circumstances which expose to danger the life
or property of another.
Attempted: Ex. Rags in gasoline,
Frustrated: there is fire, but no part of house
burned
Consummated: If any part of building burned
Three Kinds Of Arson:
1. Arson
2. Destructive arson; and
3. Other cases of arson.
Elements Of Arson:
1. That the property burned is the exclusive
property of the offender; and
2. That (a) the purpose of the offender is
burning it is to defraud or cause damage to
another, or
(b) prejudice is actually caused, or (c) the
thing burned is a building in an inhabited
place.
Special aggravating circumstances in arson:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of the
property burned; or
4. If committed by a syndicate.
Destructive Arson- The penalty of reclusion
temporal in its maximum period to reclusion
perpetua shall be imposed upon any person
who shall burn:
1. Building or Edifice
2. Building Open to Public
3. Train, Locomotive, Ship or Vessel for
transportation, public use, leisure,
entertainment
4. Building, factory, warehouse for service of
Public Utilities
5. Building to conceal evidence, conceal
bankruptcy, defraud creditors
6. Arsenal/Military/General Museum
7. Inhabited Place
Prima Facie Evidence Of Guilt
1. If the fire started simultaneously in more
than one part of the building or establishment
2. If substantial amount of flammable
substances or materials are stored within the
building not of the offender nor for household
use
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed
to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises
of the burned building or property
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of this policy
5. If during the lifetime of the corresponding
fire insurance policy more than two fires have
occurred in the same or other premises
owned or under control of the offender
and/or insured
6. If shortly before the fire, a substantial
portion of the effects insured and stored in a
building or property had been withdrawn
from the premises except in the ordinary
course of business
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender or
for the safety of the person or property of the
victim
Arson of property of small value (art. 323,
RPC)- Burning of any uninhabited hut,
storehouse, barn, shed, or any other
property, under circumstances clearly
excluding all danger of the fire spreading,
value of the property not exceed 25.00 pesos.
MALICIOUS MISCHIEF: willful damaging of
another’s property for the sake of causing
damage due to hate, revenge or other evil
motive
Elements:
1. That the offender deliberately caused
damage to the property of another;
2. That such act does not constitute arson or
other crimes involving destruction; and
3. That the act damaging another’s property
be committed merely for the sake of
damaging it.
Notes:
1. Malicious mischief cannot be committed
through negligence because the offender acts
with a specific desire to inflict injury to
another. If there is no malice in causing injury,
the offender incurs onlycivil liability.
2. But if the offender used the property after
causing damage to it, the crime is theft.
Damage in malicious mischief must not result
from a crime. (Ex. Breaking windows during
robbery is not malicious mischief.)
CASES OF QUALIFIED MALICIOUS MISCHIEF:
1. Causing damage to obstruct performance
of public functions.
2. Using poisonous or corrosive substance.
3. Spreading infection or contagion among
cattle.
4. Damage to property of National Museum or
National Library, archive, registry,
waterworks, road, promenade, or any other
thing used in common by the public.
Note: Qualified malicious mischief is different
from sedition because the element of
tumultuous uprising is not present in the
former crime.
OTHER MISCHIEFS - Mischiefs not included in
Art. 328 are punished according to the value
of the damage caused.
Ex. scattering human excrement in public
building, killing of cow as an act of revenge, A
servant who released bird from cage as act of
hate against owner.
PERSONS EXEMPT FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
Offenses Involved In The Exemption:
1. Theft,
2. Swindling (estafa), and
3. Malicious mischief
Persons exempt from criminal liability:
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property w/c belonged to the deceased
spouse before the same passed into the
possession of another.
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.
Only civil liability is incurred by the offenders
who are exempt by law from criminal liability.
Parties to the crime who are not related to
the offended party still remain criminally
liable. An adopted or natural child should also
be considered as included in the term
“descendants” and a concubine or paramour
within the term “spouses”.
Persons exempt from criminal liability include:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common-law spouse.
Quasi-offenses✅
Quasi-Offenses Are Committed In 4 Ways:
1. By committing through reckless
imprudence any act which, had it been
intentional, would constitute a grave or less
grave felony or light felony;
2. By committing through simple imprudence
or negligence an act w/c would otherwise
constitute a grave or a less serious felony;
3. By causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence; or
4. By causing through simple imprudence or
negligence some wrong w/c, if done
maliciously, would have constitutes a light
felony.
Elements Of Reckless Imprudence:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that
act is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution
on the part of the offender, taking into
consideration
a. his employment or occupation,
b. degree of intelligence, physical condition,
and
c. other circumstances regarding persons,
time and place.
Elements Of Simple Imprudence:
1. That there is lack of precaution on the part
of the offender; and
2. That the damage impending to be caused is
not immediate or the danger is not clearly
manifest.
Reckless Imprudence v. Force Majeure: Force
Majeure is an event that cannot be foreseen,
or which being foreseen is inevitable; implies
an extraordinary circumstance independent
of will of actor; in reckless imprudence
damage or injury may be preventable by
exercise of reasonable care and threatened
upon conduct about to be pursued by the
actor.
Last Clear Chance Rule – The contributory
negligence of the injured party will not defeat
the action if it be shown that the accused
might, by the exercise of reasonable care and
prudence, have avoided the consequences of
the negligence of the injured party.
Emergency Rule: A person confronted with
emergency may be left with no time for
thought, must make speedy decision based on
impulse or instinct, and cannot be held liable
for same conduct as one who had opportunity
to reflect; applicable only when situation that
arises is sudden and unexpected, and is such
as to deprive him of all opportunity for
deliberation
Ex. An automobile driver, who, by the
negligence of another, is suddenly placed in
an emergency and compelled to act instantly
to avoid a collision or injury is not guilty of
negligence if he makes a choice which a
person of ordinary prudence placed in such a
position might make even though he did not
make the wisest choice.
Emergency Rule (as a defense): one who
suddenly finds himself in a place of danger,
and is required to act without time to
consider the best means that may be adopted
to avoid the impending danger, is NOT guilty
of negligence, if he fails to adopt what
subsequently and upon reflection may appear
to have been a better method UNLESS the
emergency in which he finds himself is
brought about by his own negligence.
e. Criminal Procedure (5 questions)
Criminal procedure defined✅
Criminal procedure- is the method prescribed
by law for the apprehension and prosecution
of persons accused of any criminal offense
and for their punishment, in case of
conviction.
Complaint vs. Information✅ Refer above
Rule of arrest✅
RULE 113 ARREST
What is arrest?
Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
How is an arrest made?
Arrest is made by an actual restraint of the
person to be arrested or by his submission to
the custody of the person making the arrest.
What does it mean when jurisprudence says
that the officer, in making the arrest, must
“stand his ground”? It means that the officer
may use such force as is reasonably necessary
to effect the arrest.
What is the duty of the arresting officer who
arrests a person?
He must deliver the person immediately to
the nearest jail or police station
Within what period must a warrant of arrest
be served?
There is no time period. A warrant of arrest is
valid until the arrest is effected or until it is
lifted. The head of the office to whom the
warrant was delivered must cause it to be
executed within 10 days from its receipt, and
the officer to whom it is assigned for
execution must make a report to the judge
who issued it within 10 days from the
expiration of the period. If he fails to execute
it, he should state the reasons therefor.
When is an arrest without warrant lawful?
A peace officer or private person may arrest
without warrant:
1. When in his presence, the person to be
arrested has committed, is actually
committing, or is about to commit an offense;
2. When an offense has just been committed,
and he has probable cause based on personal
knowledge of facts and circumstances that
the person to be arrested has committed it;
and
3. When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final judgment or is temporarily confined
while his case is pending or has escaped while
being
transferred from one confinement to another.
A police officer was chasing a person who had
just committed an offense. The person went
inside a house, so the police officer followed.
Inside the house, the police officer saw drugs
lying around. Can he confiscate the drugs?
Can he use them as evidence?
Yes. The plain view doctrine is applicable in
this case because there was a prior valid
intrusion, the police officer inadvertently
discovered the evidence, he had a right to be
there, and the evidence was immediately
apparent.
What if the officer merely peeks through the
window of the house and sees the drugs –
can he confiscate them? Can he use them as
evidence?
He can confiscate them, without prejudice to
his liability for violation of domicile. He cannot
use them as evidence because the seizure
cannot be justified under the plain view
doctrine, there being no previous valid
intrusion.
When should an arrest be made?
It can be made on any day and at any time of
the day and night.
Can an officer arrest a person against whom
a warrant has been issued even if he does
not have the warrant with him?
Yes, but after the arrest, if the person
arrested requires, it must be shown to him as
soon as practicable.
Search and seizure✅ Refer above
f. Criminal Evidence (5 questions)
Kinds of Evidence✅
CLASSIFICATION OF EVIDENCE
1. Object or Real Or Autoptic Evidence Or
Physical Evidence Or Tangible Evidence - That
which is directly addressed to the senses of
the court and consists of tangible things
exhibited in court.
Note: Alibi - Known as the weakest defense in
a criminal case. It is an averment that the
accused was at another place for such 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. Alibi
may be given strength to acquit the accused
if:
● Where no positive or proper
identification has been made by the
witnesses of the offender;
● Where the prosecution’s evidence is
weak and unsatisfactory.
Physical Evidence - articles and materials
which are found in connection with the
investigation and which aid in establishing the
identity of the perpetrator of the crime or the
circumstances under which it was committed.
Under its umbrella are:
a. Associative Evidence – These are evidence
which links the suspect to the crime scene.
b. Tracing Evidence – Refers tothe articles
which assist the investigator in locating the
suspect.
c. Corpus Delicti- evidence which proves that
the crime exists/committed. Known as the
body of the crime.
2. Testimonial Evidence - That which is
submitted to the court through the testimony
or deposition of a witness. It is that which
directly comes out of the witness’s mouth,
oral or written, such as depositions and
affidavits.
3. Relevant Evidence - Evidence having any
value in reason as tending to prove any
matter provable in an action.
4. Competent Evidence - Evidence that is not
excluded by the rules, statute or the
Constitution.
5. Direct Evidence - That which proves the
fact in dispute without the aid of any
inference or presumption.
6. Circumstantial Evidence - The proof of fact
or facts from which, taken either singly or
collectively, the existence of the particular
fact in dispute may be inferred as a necessary
or provable consequence.
7. Cumulative Evidence - Evidence of the
same kind and to the same state of facts. It is
a testimony repetitive of testimony given
earlier. It is additional evidence which merely
reinforces testimony previously given.
8. Corroborative Evidence - Additional
evidence of a different character to the same
point.
9. Expert Evidence - The testimony of one
possessing in regard to a particular subject or
department of human activity, knowledge not
usually acquired by other persons.
10. Prima Facie Evidence - That which
standing alone, unexplained or
uncontradicted, is sufficient to
maintain the proposition affirmed. Primary
evidence is that evidence which suffices for
the proof of a particular fact until
contradicted or overcome by other evidence.
11. Positive Evidence - When a witness
affirms that a fact did or did not occur.
12. Negative Evidence - When a witness
states he did not see or know of the
occurrence of a fact.
13. Documentary Evidence - It consists of
writings or any material containing letters,
words, numbers, figures, symbols or other
modes of written expressions offered as proof
of their contents.
14. Exculpatory Evidence - That evidence
which will excuse a person from an alleged
fault or crime.
15. Inculpatory Evidence - Evidence which has
the tendency to implicate or incriminate a
person.
16. Self-Serving Evidence – Self-serving
statements are those made by a party out of
court advocating his own interest; they do not
include a party’s testimony as a witness in
court.
Types of Witness✅
Biased witness- on who because of his
relation to the cause or to the parties is such
that he has an incentive to exaggerate or give
false color to his statements, or to suppress or
pervert the truth, or to state what is false.
➢Competent witness- one who is not legally
disqualified from testifying in courts of justice,
by reason of mental incapacity, interests or
the commission of crimes, or other cause
rendering him excluded from testifying.
➢Dishonest witness- a witness who professes
to remember things upon which he cannot be
readily be contradicted and who declares that
he forgets those upon which he would be
open to contradiction. He usually takes refuge
behind the shelter afforded by the phrase “I
don’t remember”.
➢Instrumental witnesses- a witness who
attests to the execution of a will or testament
and affirms the formalities attendant to said
execution.
➢Credible witness- one whose testimony is
worth of credit and belief. One who is not
disqualified to testify by mental incapacity,
crime or other causes.
➢Competent Witness- One who has all the
qualifications to testify. Thus, he can perceive
and can make known his perception to others
regardless of political or religious belief or
interest and conviction of a crime.
Weight and Sufficiency of Evidence✅
Section 1. Preponderance of evidence, how
determined. – In civil cases, the party having
the burden of proof must establish his or her
case by a preponderance of evidence. In
determining where the preponderance or
superior weight of evidence on the issues
involved lies, the court may consider all the
facts and circumstances of the case, the
witnesses’ manner of testifying, their
intelligence, their means and opportunity of
knowing the facts to which they are testifying,
the nature of the facts to which they testify,
the probability or improbability of their
testimony, their interest or want of interest,
and also their personal credibility so far as the
same may legitimately appear upon the trial.
The court may also consider the number of
witnesses, though the preponderance is not
necessarily with the greater number. (1a)
Section 2. Proof beyond reasonable doubt. –
In a criminal case, the accused is entitled to
an acquittal, unless his or her guilt is shown
beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a
degree of proof as, excluding possibility of
error, produces absolute certainty. Moral
certainty only is required, or that degree of
proof which produces conviction in an
unprejudiced mind. (2a)
Section 3. Extrajudicial confession, not
sufficient ground for conviction. – An
extrajudicial confession made by an accused
shall not be sufficient ground for
conviction, unless corroborated by evidence
of corpus delicti. (3)
Q: What are the requisites so that
extrajudicial confession may be valid?
A: They are:
1.It must be voluntary;
2.It must be made with the assistance of a
lawyer who is competent and independent; It
must be in writing and must be express.
Section 4. Circumstantial evidence, when
sufficient. – Circumstantial evidence is
sufficient for conviction if:
a) There is more than one [(1)] circumstance;
b) The facts from which the inferences are
derived are proven; and
c)The combination of all the circumstances is
such as to produce a conviction beyond
reasonable doubt.
Inferences cannot be based on other
inferences. (4a)
Section 5. Weight to be given opinion of
expert witness, how determined. – In any
case where the opinion of an expert witness is
received in evidence, the court has a wide
latitude of discretion in determining the
weight to be given to such opinion, and for
that purpose may consider the following:
a) Whether the opinion is based upon
sufficient facts or data;
b) Whether it is the product of reliable
principles and methods;
c)Whether the witness has applied the
principles and methods reliably to the facts of
the case; and
d)Such other factors as the court may deem
helpful to make such determination. (n)
Section 6. Substantial evidence. – In cases
filed before administrative or quasi-judicial
bodies, a fact may be deemed established if it
is supported by substantial evidence, or that
amount of relevant evidence which a
reasonable mind might accept as adequate to
justify a conclusion. (5)
Section 7. Power of the court to stop further
evidence. – The court may stop the
introduction of further testimony upon any
particular point when the evidence upon it is
already so full that more witnesses to the
same point cannot be reasonably expected to
be additionally persuasive. This power shall be
exercised with caution. (6a)
Section 8. Evidence on motion. – When a
motion is based on facts not appearing of
record, the court may hear the matter on
affidavits or depositions presented
by the respective parties, but the court may
direct that the matter be heard wholly or
partly on oral testimony or depositions. (7)
Q: What is deposition?
A: It is the written testimony of a witness
given in the course of judicial proceedings in
advance of a trial or hearing upon oral
examination.
Q: What is an affidavit?
A: An affidavit is a statement of fact under
oath.
Proof Beyond Reasonable Doubt- in criminal
case, the accused is entitled to an acquittal,
unless his guilt is shown beyond reasonable
doubt. Proof beyond reasonable doubt does
not mean such a degree of proof as excluding
possibility of error, produces absolute
certainty.
Moral certainty is required or that degree of
proor which produces conviction in an
unprejudiced mind
2. LAW ENFORCEMENT ADMINISTRATION
(LEA) (33 ITEMS)
a. Law Enforcement Organization and
Administration (8 questions)
Henry Fayol’s 14 principles of
management
Fourteen Managerial Concepts are:
1. Division of Work: This principle the same as
Adam Smith's 'Division of labor'.
2. Authority: Manager must be able to give
the order. Authority gives this right.
3. Discipline: Employees must obey and
respect the rules and regulations which
governs the organization.
4. Unity of Command: Every employee should
receive order or direction from only one
immediate superior.
5. Unity of Direction: Each group of the
organization should be direction by one
manager using one plan.
6. Subordination of Individual Interests to
the General Interest: The management must
see that the aims of the business are always
supreme.
7. Remuneration of Personnel: The labours
must more be paid a reasonable salary for
their work.
8. Centralization: The process of transforming
assigning decision making authority to a
higher level of an organizational hierarchy, it
is centralization that should follow this.
9. Scalar Chain: Line of authority from top
management to the lower ranks represents
the hierarchy or scalar chain.
10. Order: people and materials should be in
the right place at the right time.
11. Equity: In running a business, a
combination of kindness and justice is need.
12. Stability of Tenure of Personnel: Staffs
work is well if job safety and career
improvement are guarantees to the team.
13. Initiative: Allowing all personnel to show
their initiative in some way is a source of
stretch for the organization.
14. Esprit de Corps: Promoting team spirit will
build unity and harmony within the
organization.
Unity of command ✅ Refer above
Functions of Administration
(POSDCORB)✅
➢ Planning
-Planning means to decide in advance what is
to be done. It charts a course of actions for
the future. It is an intellectual process and it
aims to achieve a coordinated and consistent
set of operations aimed at desired objectives.
➢ Organizing
-Once the objectives have been established
through planning, management concern must
turn to developing an organization that is
capable of carrying them out. The
management function of organizing
can be defined as, relating people and things
to each other in such a way that they are all
combined and interrelated into a unit capable
of being directed toward the organizational
objectives.
➢ Staffing
-Staffing is the selection, training, motivating
and retaining of personnel in the organization.
Before selection, we have to make analysis of
the particular job, which is required in the
organization, then comes the selection of the
personnel. It involves manpower planning to
have the right place and avoid square peg in
the round hole.
➢Directing
-Directing means the issue of orders,
assignments and instructions that permit the
subordinate to understand what is expected
of him, and the guidance and overseeing of
the subordinate so that he can contribute
effectively and efficiently to the attainment of
organizational objectives.
➢Commanding
-When given orders and clear working
instructions, employees will know exactly
what is required of them. Return from all
employees will be optimized if they are given
concrete instructions with respect to the
activities that must be carried out by them.
Successful managers have integrity,
communicate clearly and base their decisions
on regular audits. They are capable of
motivating a team and encouraging
employees to take initiative.
➢Coordinating
-It is the act of synchronizing people and
activities so that they function smoothly in the
attainment of organization objectives.
Coordination is more important in the health
services organization, because functionally
they are departmentalized. Different kinds of
organization require different
amount of coordination.

➢Controlling
-By verifying whether everything is going
according to plan, the organization knows
exactly whether the activities are carried out
in conformity with the plan. Control takes
place in a four-step process:
1.Establish performance standards based on
organizational objectives.
2.Measure and report on actual performance
3.Compare results with performance and
standards
4. Take corrective or preventive measures as
needed.
➢ Reporting
-Reports are oral or written exchanges of
information shared between caregivers or
workers in a number of ways.
-A report summarizes the services of the
person, personnel and of the agency. Reports
are written usually daily, weekly, monthly or
yearly.
➢ Budgeting
-Budgeting through primarily recognized as a
device for controlling, becomes a major part
of the planning process in any organization. It
is expressed in financial terms and based on
expected income and expenditure. Budget is
the heart of administrative management.
-It served as a powerful tool of coordination
and negatively an effective device of
eliminating duplicating and wastage.
b. Law Enforcement Operations with
Planning and Crime Mapping (7 questions)
Principles of planning✅
Principle of Flexibility
According to these principles of planning,
plans should be flexible. Flexibility means to
change according to need. Flexible plans may
be revised, in accordance with the changed
requirements and the losses may be averted
or minimized.
Principle of Navigational Change
This principle of planning puts emphasis on
the fact that just as a sailor is attentive
towards taking his boat to the destination, by
paying regular attention to the speed,
direction, and balance of the boat, each
moment.
Principle of Commitment
This principle determines the ‘Time period of
planning. According to this principle the
planning, the planning should necessarily be
at least we for that period, which is required
for fulfilling commitments made with its
employees, suppliers, debtors, and the
consumers, etc.
Principle of Alternative
The success of planning depends upon the
correct decision taken. Hence, before asking
decisions, various alternatives should be
discovered and necessary information should
be gathered about them, and then the best
alternative should be selected.
Principle of Limiting Factor
This principle stated that managers should
identify the factors having only limited
achievements of the desired goals while
selecting the best alternatives and suitable
solutions to critical and objectionable factors
should be found.
Principle of Cooperation
This principal emphasis that the success of
planning depends upon the cooperation of
the whole organization.
Principle of Timing:
Number of major and minor plans of the
organization should be arranged in a
systematic manner. The plans should be
arranged in a time hierarchy, initiation and
completion of those plans should be clearly
determined.
Types of plan✅
1. Policy or procedural plan- This refers to the
Standard operating procedure (SOP) which
serves as a guide to members performing
routine field operations which includes some
special operations under the following
procedures:
a. Field Procedures. Procedures designed to
be used in situations of all kinds, and provided
to guide officers and men in the field.
b. Headquarters Procedures. Procedures
designed to guide officers assigned in the
duties dispatching, jails, or matrons and other
personnel concerns this could be reflected in
the duty Manual.
c. Special Operating Procedures. These are
procedures designed to guide members
operating under the special operation.
2. Tactical plans. These are procedures
designed in dealing with specific situations at
known locations. Included in this type are
plans for dealing with an attack against the
buildings with alarm systems and an attack
against police headquarters by lawless
elements. Further, plans for the conduct of
blockade, jail emergencies, and procedures
for the holding of special community events,
such as larger public meetings, athletic
contests, parades, religious celebrations,
carnivals, strikes demonstrations, and other
street affairs are also included in this
category.
3. Operational plans. These are plans
designed for operations of operation divisions
like the patrol, detectives, traffic, fire, and
juvenile control divisions. These plans are
prepared for the effectiveness of carrying out
primary police tasks. For instance, patrol
activities are outlined in a way to cover the
areas which are seen as crime-prone areas
and its units distributed based on the needs
of service and special details as forecasted by
the decision-makers. Similar plans are needed
in crime prevention programs, juvenile and
vice control require mapping of activities in an
orderly manner to attain maximum
effectiveness of its operation.
4. Reactive Plans - are plans developed as a
result of crisis.
5. Proactive Plans - are plans developed in
anticipation of problems.
6. Visionary Plans - are essential statements
plans that identify the role of the police in the
community and a future condition or state to
which the department can aspire.
Classification of plans✅
According to coverage
Local Plans-Classification of plan according to
coverage that took place within police
precincts, sub-stations, and stations
Regional Plans
National Plans- Classification of plan
according to coverage that emanates from
national headquarters and covers national
scope of implementation
According to time frame
Strategic or Long Range Plans- Classification
of plan which is long range in application, and
it is determine by the organization’s original
goals and strategy
Immediate or Medium Range Plans
Operational or Short Range Plans- Refers to
the production of plans, which determine the
schedule of special activity and are applicable
from one week or less than year duration.
Plan that addresses immediate need which
are specific and how it can be accomplished
on time with available allocated resources.
Steps in police planning and operation✅
Steps in Planning
The following steps provide an orderly
means of development of plans:
a. Frame of reference. It involves the analysis
of the matters relating to the issue, concern,
and opportunities for which needs are
identified that calls for immediate actions.
b. Clarifying the problems. This involves the
identification and understanding of the
problem which requires a solution. A situation
must exist for which something to be done or
simply means the determination of the
objectives.
c. Collecting all pertinent facts. This involves
the collection of pertinent facts relative to the
problem where the solution is being sought
for.
D. Analyzing the facts. After gathering all the
data needed, careful analysis and evaluation
of these data are made.
Police operations (Revised PNP
Operational Procedures 2021)✅
RULE 3. CATEGORIES OF POLICE OPERATIONS
Police operations are categorized as follows:
3.1 Public Safety Operation – includes Search,
Rescue and Retrieval Operations, Fire Drills,
Earthquake Drills and similar operations that
promote public safety.
3.2 Law Enforcement Operation – includes
Service of Warrant of Arrest, Implementation
of Search Warrant, Enforcement of Visitorial
Powers of the Chief, Philippine National Police
and Unit Commanders, Anti-Illegal Drugs
Operation, Anti Illegal Gambling Operations,
Anti-Illegal Logging Operations, Anti-Illegal
Fishing Operations, Anti-Carnapping
Operations, Anti-Kidnapping Operations, Anti-
Cyber Crime Operations and similar
operations that are conducted to enforce
laws, statutes, executive orders and
ordinances.
3.3 Internal Security Operation – includes
Counter-Insurgency Operations, Counter
Terrorist Operations and similar
operations that are conducted to ensure
internal security.
3.4 Special Police Operation – includes
Checkpoint Operation, Roadblock Operation,
Civil Disturbance Management Operation,
Police Assistance in the Enforcement of
Demolition Eviction Injunction and Similar
Orders, Police Assistance in the
Implementation of Final Court Order and
Order from Quasi-Judicial Bodies, Hostage
Situation, Visit Board Search and Seizure
Onboard Marine Vessels and similar police
operations that are conducted by police units
with specialized training on the peculiarity of
the mission or purpose.
3.5 Intelligence Operation – includes
Surveillance Operation, Counter Intelligence,
Intelligence Research, Intelligence Assessment
and similar police intelligence operation
conducted to gather information related to
security, public safety and order.
3.6 Investigation Operation – includes
Investigation of Crime or Incident,
Administrative Investigation and similar
investigative work necessary to determine
facts and circumstances for
filing cases criminally or administratively.
Types of crime mapping✅
1. Single-symbol maps - individual,
uniform symbols represent features
such as the locations of stores, roads,
or states.
2. Buffer is a specified area around a
feature on a map. Buffers help in
crime analysis by illustrating the
relative distances between features
on a map.
3. Graduated mapping - crime analysts
often use graduated maps—that is,
maps in which different sizes or
colors of features represent
particular values of variables.
4. Chart mapping - allows the crime
analyst to display several values
within a particular variable at the
same time.

c. Introduction to Industrial Security
Concepts (6 questions)
Security defined ✅
Security- a kind of state where people,
institution, authority or groups feel fully
secured of feeling, free from any threat or
vulnerability from somewhere or someone in
his/her life, liberty, property or activity. It
could be in physical, psychological, social or
economical form.
-It is a state or quality of being secured,
freedom from fear or danger, assurance,
certainty.
-It is the degree of protection against danger,
loss, and criminals.
- Protection against any type of crime to
safeguard life and assets by various methods
and device.
Types of security✅
1. Physical Security – is a system of barriers
placed between the potential intruder and
the matter to be protected. It is considered as
the broadest type of security. It is concerned
with the physical measures adopted to
prevent unauthorized access to equipment,
facilities, material, and documents, and to
safeguard them against espionage, sabotage,
damage and theft.
Types of Physical security;
a. Active- by using different types of barriers.
These involve the installation of physical
barriers, security lighting, use of vaults, locks
and others.
Methods used;
a. Overt method
b. Covert method
b. Passive- by using psychological approach.
Those that will deter man from committing
such act of fear of being caught, charge in
court or get dismissed, such as: security
education, programs, investigations,
seminars, personnel security check.
2. Communication Security – is the protection
resulting from the application of various
measures which prevents or delay the enemy
or unauthorized person in giving information
through the communication system.
3. Hotel Security – is the protection resulting
from the application of various measures
which safeguards hotel guests and personnel,
hotel property, and functions in hotel
restaurants, bars and clubs.
4. Bank Security – is the protection resulting
from the application of various measures
which safeguards cash and assets which are in
storage in transit and during transactions.
5. Document Security – is physical security
that involves the protection of documents
and classified papers from loss, access to
unauthorized person, damage, theft and
compromised through disclosure.
6. Personal and VIP Security – involve in the
protection of top ranking official the
government, visiting persons of illustrious
standing and foreign dignitaries.
7. Crisis Security- is the protection of the rich
person, industrial magnates, political leaders
against kidnapping for economic, political,
emotional or nationalistic purposes.
8. Industrial Security- various measures to
safeguard factories, manufacturing
establishment, etc.
9. Operational Security- is physical which
deals with the protection of processes,
formulas, patents and other activities.
10. Other special type of security- these type
of security are adaptations, variations,
innovations and modifications of physical
security which are follows, to wit:
a. Air cargo security
b. Supermarket
c. School Security
 B. Type of forces
Security management ● Coordinated Centralized- If
the police force in a country
d. Comparative Models of Policing (4 is highly organized and
questions) having a centralized
command.
● Decentralized Command
Goals of policing✅ Structure - police forces in a
country do not have an
● Enforce Laws apparent centralized
● Preserve Peace command structure.
● Prevent Crimes
● Protect Civil Rights, Liberties
● Provide Services
e. Leadership, Decision Making,
Theories of policing✅ Management & Administration (4 questions)

Continental – maintains the idea that police
officers are servants of the higher authorities.
This theory prevails in the continental
countries like France, Italy, and Spain.
Home Rule – states that the police officers
are servants of the community or the people.
This theory prevails in England and United
States. Decentralized policing also utilized this
theory.
Types of police model✅
A. Number of forces to be commanded
● Singular Model- a
single force under a
single commander
● Multiple Model- If in
a country there are a
number of police
forces, Like India
● Multiple
Coordinated- if the
police forces have
well defined
territories of
functioning and their
function do not
overlap each other
● Multiple
Uncoordinated-
Many agencies can
have overlapping
jurisdiction.
Difference between leadership and
management✅
Leadership is about motivating people to
comprehend and believe in the vision you set
for the company and to work with you on
achieving your goals.
While management is more about
administering the work and ensuring the day-
to-day activities are getting done as they
should.
Leadership and management styles✅
1. TRANSACTIONAL
LEADERSHIP- The leader
gives instructions to the
members of his team and
then uses various incentives
and punishments to either
appreciate or punish what
they do in response.
2. TRANSFORMATIONAL
LEADERSHIP- leaders are
empowering their workers to
change, leaders are trying to
enhance or transform the
individual or group into
which they lead. Such
Leaders are working at
making changes and finding
new ways to get things done.
3. SERVANT LEADERSHIP -
Servant leaders work with
this traditional motto “Serve
first and lead” Instead of
thinking about how to inspire
people to follow their lead,
they channel most of their
energies into seeking ways to
help each others. They make
other people's needs a
priority over their own.
4. DEMOCRATIC LEADERSHIP-
Democratic leaders respect
other people's ideas and
feedback and encourage
discussion of those inputs.
These leaders on the
organizational hierarchy are
statistically higher, they
prioritize working together
and actively engaging their
colleagues in the decision
making process.
5. AUTOCRATIC LEADERSHIP-
Autocratic leaders see
themselves as having
absolute power and making
decisions on their
subordinates. They decide
not just what needs to be
done, but how to accomplish
certain tasks.
6. BUREAUCRATIC
LEADERSHIP- With this style
of leadership, thete is a
specified collection of boxes
to check to be a true leader.
They have a set list of duties,
as well as clear rules and
procedures for how they will
handle and make decisions
for others.
7. LAISSEZ FAIRE LEADERSHIP-
Leaders have the tools and
services required to do so.
But then they step back and
let their team members
make decisions solve
problems and get their work
done without having to
worry about their every
move being obsessively
watched by the leader.
8. CHARISMATIC LEADERSHIP-
Charismatic leaders have
charismatic personalities,
and a great deal of
determination to achieve
their goals. Such leaders use
eloquent communication and
persuasion to unite a team
around a cause, instead of
promoting actions by strict
instructions.
9. Strategic Leadership- like
democratic leaders, care
about the success of the
whole more than they do
their own status, but their
approach is a little bit
different.- Rather than
making progress in simple
ways, this leadership is
focused on how to rapidly
improve conditions and lean
into better performance.
-developing and employing
methods and strategies
-They are less concerned
with maintaining the status
quo than they are
transforming it. These types
of leaders are independent
thinkers, and progressively
minded.
10. Transformational
Leadership
-this leadership is designed
to empower those who
follow to create positive
change in their own lives.
-This approach is to
empower each individual to
make advancements and
changes in their own lives,
which results in better
performance and outcomes.
-this leadership motivates
and empowers others
11. Team Leadership- don’t just
 focus on the good of the
whole, they focus on
navigating the personal
dynamics of smaller, initiated
groups. -have a vision for the
future and for their goals. It
involves the vivid picture of a
team`s future, where it is
heading and what it will
stand for.
-ensures that everyone is
staying on pace for their
goals.
12. Cross-Cultural Leadership-
are driven by a deep desire
to see different types of
people (whether that is
racial, political or social)
integrated and to see those
less privileged being given
voices and equal
opportunities.
-They have deep
understandings of various
perspectives, which is what
makes their role so
important.
13. Facilitative Leadership-focus
less on the personal
dynamics or individual needs
of the group, and more on
their collective approach.
They judge the efficiency of
the group strictly on their
outcomes.
-involve monitoring on the
group dynamics as well as
offering process suggestions
and interventions to help the
group stay on track.
-this come in handy when
the group is low functioning,
or not as effective as they
should be.
14. Coaching Leadership
-involves teaching and
supervising.
- more about the individual
and how they operate on
their own before and outside
of a team -is similar to
transformational leaders in
that their objective is to
motivate and encourage
others to believe that change
is possible.
-similar to strategic leaders
in that they focus on
developing and employing an
action plan to ensure that
their follower’s potential is
realized.
- the rarest, and the most
powerful. These are the
types of leaders who begin
with a vision for a company,
a form of social change, or
even just a community, and
then strategize a way to
employ the skills of others to
create that.
-They are truly out of the
box, innovative and
completely unique thinkers.
-it invents something that
has never existed before
-it takes ideas and
implements them effectively,
and utilize other forms of
leadership in tandem with
this one.
Decision making guidelines✅
Step 1: Identify the decision
You realize that you need to make a decision.
Try to clearly define the nature of the decision
you must make. This first step is very
important.
Step 2: Gather relevant information
Collect some pertinent information before
you make your decision: what information is
needed, the best sources of information, and
how to get it. This step involves both internal
and external “work.” Some information is
internal: you’ll seek it through a process of
self-assessment. Other information is
external: you’ll find it online, in books, from
other people, and from other sources.
Step 3: Identify the alternatives
As you collect information, you will probably
identify several possible paths of action, or
alternatives. You can also use your
imagination and additional information to
construct new alternatives. In this step, you
will list all possible and desirable alternatives.
Step 4: Weigh the evidence
Draw on your information and emotions to
imagine what it would be like if you carried
out each of the alternatives to the end.
Evaluate whether the need identified in Step
would be met or resolved through the use of
each alternative. As you go through this
difficult internal process, you’ll begin to favor
certain alternatives: those that seem to have
a higher potential for reaching your goal.
Finally, place the alternatives in a priority
order, based upon your own value system.
Step 5: Choose among alternatives
Once you have weighed all the evidence, you
are ready to select the alternative that seems
to be best one for you. You may even choose
a combination of alternatives. Your choice in
Step 5 may very likely be the same or similar
to the alternative you placed at the top of
your list at the end of Step 4.
Step 6: Take action
You’re now ready to take some positive
action by beginning to implement the
alternative you chose in Step 5.
Step 7: Review your decision & its
consequences
In this final step, consider the results of your
decision and evaluate whether or not it has
resolved the need you identified in Step 1. If
the decision has not met the identified need,
you may want to repeat certain steps of the
process to make a new decision. For example,
you might want to gather more detailed or
somewhat different information or explore
additional alternatives.
f. Nationalism and Patriotism (4 questions)
Elements of nationalism
types of nationalism✅
1. Ethnic Nationalism- this defines the nation
in terms of ethnicity, which always includes
some element of descent from previous
generations. It also includes ideas of a culture
shared between members of the group and
with their ancestors, and usually a shared
language.
2. Civic Nationalism – it is the form of
nationalism in which the state derives political
legitimacy from the active participation of its
citizenry, from the degree to which it
represents the “will of the people”.3.
Expansionist Nationalism - is an aggressive
and radical form of nationalism that
incorporates autonomous, patriotic
sentiments with a belief in expansionism,
generally through military aggression.
3. Romantic Nationalism- also known as
organic nationalism and identity nationalism.
It is a form of nationalism in which the state
derives political legitimacy as a natural
(“organic”) consequence and expression of
the nation, or race.
4. Cultural Nationalism- defines the nation by
shared culture. Membership in the nation is
neither entirely voluntary (you cannot
instantly acquire a culture), nor hereditary
(children of members may be considered
foreigners if they grew up in another culture).
Yet, a traditional culture can be more easily
incorporated into an individual’s life,
especially if the individual is allowed to
acquire its skills at an early stage of his/her
own life.
5. Revolutionary Nationalism-also known as
radical nationalism, is an ideological theory
that calls for a national community united by
a shared sense of purpose and destiny.
6. Post-Colonial Nationalism/Third World
Nationalism –the outcome of opposition to a
colonial rule to survive and maintain a
domestic identity. Third World nationalism
attempts to ensure that the identities of Third
World peoples are authored primarily by
themselves, not colonial powers.
8. Liberation Nationalism - nations are
viewed of being persecuted by other nations
and thus need to exercise self-determination
by liberating themselves from the accused
persecutors. It declares that nationalism can
be used in an internationalist context i.e.
fighting for national liberation without racial
or religious divisions.
9. Left-Wing Nationalism- also occasionally
known as socialist nationalism, refers to any
political movement that combines left-wing
politics or socialism with nationalism.
10. Liberal Nationalism - believes that there
can be a non-xenophobic form of nationalism
compatible with liberal values of freedom,
tolerance, equality, and individual rights.
Liberal nationalists often defend the value of
national identity by saying that individuals
need a national identity in order to lead
meaningful, autonomous lives.
11. Religious nationalism- is the relationship
of nationalism to a particular religious belief,
church, or affiliation. This relationship can be
broken down into two aspects; the
politicization of religion and the converse
influence of religion on politics.
12. Language nationalism- a form of
nationalism that advocates for the use of only
one language. For instance, Quebec in Canada
considers French as the language of the
majority of the population, as the official
language of the provincial government.
13.National conservatism- concentrates on
upholding national and cultural identity,
usually combining this nationalist concern
with conservative stances promoting
traditional values. It seeks to preserve
national interests, traditional conservatism
emphasizes ancestral institutions.
14.Pan-nationalism - is usually an ethnic and
cultural nationalism, but the 'nation' is itself a
cluster of related ethnic groups and cultures.
This exists when the national group is
dispersed over a wide area.
15.Diaspora nationalism- also known as
"long-distance nationalism". Generally refers
to nationalist feeling among a Diaspora. The
essential difference between pan-nationalism
and diaspora nationalism is that
members of a diaspora, by definition, are no
longer resident in their national or ethnic
homeland.
Traditionally 'Diaspora' refers to a dispersal of
a people from a 'homeland' due to
disruptions, such as war,
famine, etc.
Sec. 34, RA 8491✅
SECTION 34. It shall be prohibited
a. To mutilate, deface, defile, trample, on or
cast contempt any act or omission casting
dishonor or ridicule upon the flag over its
surface;
b. To dip the flag to any person or object by
way of compliment or salute;
c. To use the flag:
1. As a drapery, festoon, tablecloth
2. As covering for ceilings, walls, statues or
other objects;
3. As a pennant in the hood, side, back and
top of motor vehicles;
4. As a staff or whip;
5. For unveiling monuments or statues; and

6. As trademarks or for industrial, commercial
or agricultural labels or designs.
d. Display the flag:
1. Under any painting or picture;
2. Horizontally face-up. It shall always be
hoisted aloft and be allowed to fall freely;
3. Below any platform; or
4. In discotheques, cockpits, night and day
clubs, casinos, gambling joints and places of
vice or where frivolity prevails.
e. To wear the flag in whole or in part as a
costume or uniform;
f. To add any word, figure, mark, picture,
design, drawings, advertisements, or imprint
of any nature on the flag;
g. To print, paint or attach representation of
the flag on handkerchiefs, napkins, cushions,
and other articles of merchandise;
h. To display in public any foreign flag, except
in embassies and other diplomatic
establishments, and in offices of international
organizations.
i. To use, display or be part of any
advertisement of infomercial; and
j. To display the flag in front of buildings or
offices occupied by aliens.
3. FORENSIC SCIENCE (FS) (33 ITEMS)
a. Personal Identification Techniques (7
questions)
Principles of dactyloscopy✅
1.Principle of Permanency/Constancy- A
principle which asserts that fingerprint
remains the same
throughout life.
Note: Permanency of ridges can only be
obliterated or destroyed with high degree of
burn, and cut that reaches the Dermis layer of
the skin.
2.Principle of Individuality- It means that no
two persons have exact fingerprints. Francis
Galton asserted that the possibility of likeness
between two fingerprints is in the ratio of 1 is
to 64 billion.
3.Principle of Infallibility- This principle
means that fingerprint is reliable and
admissible as evidence in the court of law.
Ridge characteristics✅
1.Bifurcation- it is a single ridge that divides,
forks, or splits into two ridges. One branch of
the bifurcation may either run parallel or in
different direction with the other branch.
2.Trifurcation- this ridge characteristic is
almost the same with bifurcation however
instead of splitting, dividing into two ridges,
the single ridge forks into three ridge
branches.
3.Ridge Ending- a single ridge that terminates
or ends from the structure. It is simply the
abrupt ending of the friction ridge.
4.Lake or Enclosure- a single ridge that
bifurcates and then rejoins forming again into
one ridge. The difference between bifurcation
and enclosure is that, the former remains
open while the later does not.
5.Ridge Dot- the smallest independent ridge
unit much shortest than the island. It appears
like a dot in a fingerprint impression.
6.Ridge Bridge (Ridge Crossover)- a ridge that
connects between two ridges running parallel
with each other. It forms like a bridge in a
fingerprint impression.
7. Spur- the forking of a single ridge into two
where one branch is shorter compared to the
other. This is also called as hooks.
8.Island (Short Ridge)- an independent ridge
that is not connected to other ridges, travels
in a short distance and then suddenly
terminates or ends.
9.Incipient ridge- refers to a friction ridge that
is different from others. It is usually in bad
form, thinner, and short compared to the
surrounding ridges.
10. Ridge Crossing- the crossing of two ridges
forming an “X.”
11. Opposed Bifurcation-this consist of two
bifurcations opposing against each other.
12. Double Bifurcation- this occurs when one
of the two branches of the bifurcation splits
and forks forming another set of branches. In
this ridge type, there are two bifurcations.
Recurving ridge - It is a ridge that runs and
gradually curves and turn backwards from
which it started. This is also known as looping
ridge.
Appendage- It is a small or short ridge
structure that connects 90 degrees (right
angle) from one ridge to another. If an
appendage touches between the shoulders of
the recurving ridge at a right angle, it spoils
the recurve. It must be in 90 degrees. If it fails
to abut in such required degree or fails to
connect in between the shoulders of the
looping ridge, then it does not affect the
recurve.
Converging Ridge-These are two ridges that
run and meet at a single point creating a
pointed and angular
formation.
Diverging Ridge -It consists of two ridges
running parallel or nearly parallel with each
other which after running a distance, spreads
in separate directions.
Rules in selecting focal points of fingerprint
pattern✅
Fingerprint Focal Points
Delta
It is known as the outer terminus of the
pattern. Delta is usually represented with
letter “D”. It can be found in the following
locations:
a. First ridge that forms at the divergence of
the type lines.
b. First ridge that forms in front or center of
the divergence of the type lines.
c. First ridge that forms nearest to the
divergence of the type lines.
The Delta may be one of the following ridge
characteristics:
1. Bifurcation
2. Abrupt ridge ending
3. Short ridge
4. Dot
5. Meeting of two ridges
6. First recurving ridge in front or nearest to
the center of divergence
Core
It is the innermost or approximate center of
the fingerprint pattern. It can be placed in the
shoulder of a recurving ridge or on rod that
can be found at the center of the pattern If
the delta is known as the outer terminus, the
core on the other hand is known as the inner
terminus of the fingerprint pattern.
Forms of fingerprint pattern✅
Three General Groups of Fingerprint
1. Arch- in this group, ridges runs in a distance
and enters on the other side of the pattern
forming a rise in the center. It is five (5%)
percent of the overall fingerprints. Arch can
be plain or tented (Houck & Siegel, 2010).
Sub-groups:
a. Plain Arch
b. Tented Arch
2. Loops- these are patterns where ridges
enter from one side to the other consisting of
one or more recurving ridges that touch or
cross the imaginary line drawn between the
Delta and the Core. Loops constitute 60% -
65% of the total fingerprints. It can either be
radial or ulnar (Houck & Siegel, 2010).
Sub-groups:
a. Ulnar Loop
b. Radial Loop
3. Whorls- these are patterns consisting of at
least two Deltas where ridges usually form
like circles or oval. Whorls make up 30%-35%
of the total fingerprints. It can be plain,
central pocket loop, double loop, or
accidental (Houck & Siegel, 2010).
Sub-groups:
a. Plain Whorl
b. Double Loop Whorl
c. Central Pocket Loop Whorl
d. Accidental Whorl
Rules in ridge counting and tracing✅
Ridge Tracing for Whorls- It is the process of
tracing the ridge that emanates or originates
from the lower side of the left Delta towards
the right delta to see where it flows in
relations to the right delta (Montojo, 2006).
Ridge tracing is applicable only to patterns
which belong to the Whorl family. In tracing
the ridge, the very first thing to do is to locate
the two deltas.
By using a pencil, start your trace in the left
delta and follow the ridge where it runs, and
end your trace on the nearest or opposite
part of the right delta.
Count the number of ridges that touch or
cross the imaginary line drawn between the
traced ridge and the right delta. Ridge trace
can be Inner, Outer, or Meet.
Inner- when the traced ridge is inside or in
front of the right delta and three (3) or more
ridges cross or touch the imaginary line drawn
between the right delta and the traced ridge.
Outer- when the traced ridge is below or
under the right delta with three (3) or more
ridges that cross or touch the imaginary line.
Meet- when the traced ridge is inside or
outside, or in front or below the right delta
consisting of two (2)
and below number of ridges that touch or
cross the imaginary line.
Rule 1- If the traced ridge bifurcates, select
the lower branch of the bifurcation. Do not
begin your trace in the type lines.
Rule 2- If the traced ridge abruptly ends, drop
down the trace and continue on the lower
ridge.
Ridge Counting for Loops- This refers to the
process of counting the number of ridges that
touch or cross the imaginary line drawn
between the Delta and the Core. Ridge
counting applies to loop patterns. The focal
points are not included in the count. The
following are ridge characteristics with their
respective number of counts:
For Bifurcation:
a. Imaginary line crosses at the point of
forking-----------------------------------2 counts
b. Imaginary line crosses on the ridge
branches------------------------------------2 counts
c. Imaginary line crosses at one branch or
outside the point of forking --------- 1 count
For Trifurcation
a. Imaginary line crosses at the point of
forking----------------------------------3 counts
b. Imaginary line crosses on the three ridge
branches-------------------------3 counts
c. Imaginary line crosses at one branch or
outside the point of forking ---------1 count
For Enclosure or Lake
Ridge Ending---------------------------------------1
count
Lake or Enclosure--------------------------------- 2 Camera is a light-tight box; with a lens to form
counts an image with a shutter and diaphragm to
Island (Short control the entry of the image; a means of
Ridge)-------------------------------------------------1 holding a film to record the image/and a
count viewer or viewfinder to show the
Ridge Dot-------------------------------------------- 1 photographer what the image is.
count
Camera originated from the term camera
obscura. Camera obscura (Latin veiled
chamber ) is an optical device used, for
example, in drawing or for entertainment. It is
one of the inventions leading to photography.
The principle can be demonstrated with a box
with a hole in one side (the box may be room-
b. Forensic Photography (7 questions) sized, or hangar sized). Light from a scene
passes through the hole and strikes a surface
Principles of photography✅ where it is reproduced, in color, and upside-
down. The image's perspective is accurate.
1.Balance The image can be projected onto paper,
2.Pattern which when traced can produce a highly
3. Negative Space accurate representation.
4. Grouping
5. Closure 1. Light Tight Box. This part of the camera is
6. Color very essential because of its capability to
7.Light /Shadow exclude all unwanted light that may expose
the sensitized materials or film. It is an
Kinds of photography✅ enclosure that is devoid of light.
2. Lens. The lens is the only responsible in
Police Photography - It is an art or science focusing the rays of light coming from the
which deals with the study of the principles of subject. It is one of the most important parts
photography, the reproduction of of camera because without lens, it is
photographic evidence, and its application to impossible to form a sharp image of the film.
police work. 3. Film Holder. The film holder holds the film
firmly inside the camera. It is always located
Forensic Photography - the art or science of at the opposite side of the lens of the camera.
photographically documenting a crime scene 4. Shutter. The shutter served as the barriers
and evidence for laboratory examination and of the rays of light that will enter and effect
analysis for purposes of court trial. the film inside the camera. It is usually placed
at the path of the light passing thru the lens.
● Overall Photography
● Mid Range Photography
● Close up Photography

Parts and functions (analog & digital) Procedures in chemical processing and
camera✅ photographic printing✅

Basic Camera Parts and Functions Chemical Processing


1. Black & White Processing - development,
stop-bath, and fixation.
2. Color Processing - development, stop-fix,
and stabilizer
3. Development - It is the conversion of latent
image in an emulsion into visible image.
1. B & W Emulsion - reducing exposed silver
halide crystals (black silver) into metallic
silver. (Same reaction is found in
photographic papers.)
2. Color Emulsion - Developed silver is
replaced with cyan, yellow, and magenta dye.
Stop-Bath - The purpose of the stop bath is to
halt the development of the film, plate, or
paper by either washing off the developing
chemical or neutralizing it.
Fixation - The fixer removes the unexposed
silver halide remaining on the Photographic
film or photographic paper, leaving behind
the reduced metallic silver that forms the
image, making it insensitive to further action
by light. Without fixing, the remaining silver
halide would quickly darken and cause severe
fogging of the image.
The most common salts used are sodium
thiosulfate - commonly called hypo - and
ammonium thiosulfate, commonly used in
modern rapid fixer formula.
Film Processing - It can be carried out in trays,
tanks, or mechanized equipment.
Note:
Panchromatic materials - handled in total
darkness.
Stop-Bath - Stop-bath can be plain water only
with 28% glacial acetic acid.
Fixing Bath Formula
1. Water
2. Dissolving agent
3. Preservative
4. Neutralizers
5. Hardeners
Photographic Painting
1.Contact Printing - It is a procedure of
exposing photographic print materials while it
is pressed in contact with the negative being
reproduced.
2.Projection Printing or Enlarging - It is a type
of printing where the image in a negative is
optically projected or enlarged onto a print
material for exposure to produce a picture
image. The main equipment is Enlarger, the
so-called camera in reverse.
Guidelines in taking photographs in
different crime scene scenarios✅
● Photographs of a crime scene should
be taken as soon as possible, before
note taking, sketching or a search for
evidence begins.
● The pictures should illustrate the
original, uncontaminated condition of
the crime scene.
● Photographs should be taken of the
crime scene only, without spectators
or police personnel.
● To adequately present the crime
scene initially, the photographs must
form an organized sequence and
show all relevant locations and
objects.
● The crime scene photographs must
progress from general to specific.
c. Forensic Chemistry and Toxicology (5
questions)
Protocols in handling chemical and biological
evidence (blood, semen, fiber, explosives,
drugs) from crime scene to court room.
Different preliminary test and
confirmatory examination of chemical and
biological evidence✅
EXAMINATION OF BLOOD
4 chronological tests for blood:
1. Preliminary Test
2. Confirmatory Test
3. Precipitin Test
4. Blood Grouping / Typing
I. PRELIMINARY TEST - used to demonstrate
presence of blood (maybe blood).
Test Positive Result
1. Benzidine test- Intense blue color
2. Phenolphthalein test (Kastle-Meyer test) -
Rose color or deep pink or permanganate
color.
3. Guaiacum test (Van Deen or Day’s or
Schoinbein Test) - Beautiful blue color
4. Leucomalahite Test- Bluish green
5. Luminol Test- Luminescence
Note: Oxidation is the principle involved in
the color formation of the preliminary test for
blood except in
luminol test.
Peroxidase– enzyme that accelerates the
oxidation of several classes of organic
compounds by peroxide.
II. CONFIRMATORY TEST- the actual proof
that a stain is blood (surely blood)
A. Microscopic test
a.1. Useful for the demonstration and
mensuration of blood corpuscles.
a.2. Distinction between mammalian, avian,
piscine and reptilian blood.
a.3. Investigation of menstrual, lochial and
nasal charges.
B. Microchemical or microcrystalline test
Test Positive Result
1. Teichmann Test or Heamin Crystal Test-
Dark brown rhombic crystal of heamatin
chloride
2. Haemochromogen crystal test or
Takayama test- Large rhombic crystals of
salmon pink color arranged in clusters or
sheaves.
3. Acetone-Haemin Test- Small dark
diachronic acicular crystals of acetone
haemin.
C. Spectroscopic examination- the most
delicate and reliable test for the
determination of the presence of blood in
both old and recent stains.
III. PRECIPITIN TEST
Is the standard test used to determine
whether the stain/blood is of human or
animal origin. If human blood, the positive
result is a white cloudy line or milky
precipitate at the contact point of the fluids.
IV. BLOOD GROUPING/TYPING
EXAMINATION FOR SEMEN AND SEMINAL
STAINS:
I. Physical examination – determines the
physical appearance as to the feel, color,
odor, ultraviolet light etc.
II. Chemical examination
A. Florence test– crystals of choline periodide
which are dark brown, rhombic or needle
shaped that appear singly or in clusters.
B. Barberio test– crystals which are slender
yellow-tinted, rhomboid needles with obtuse
angle or appear as ovoid crystals of spermine
picrate.
C. Acid-Phosphatase test (Walker Test)–
purple color
Scientific procedure in the collection and
preservation of drugs and poisons and
other toxicological concerns
d. Questioned Document Examination (5
questions)
Forms of questioned document examination✅
Handwriting Examination
(Graphology/Graphoanalysis)
– examination of signatures and initials
– examination of anonymous letters
– hand printing examination
• Examination of Typewritings and
typeprints.
• Examination of Inks
• Examination of Erasures, alterations or
obliterations, etc.
– Detection of alteration
– Decipherment of erased writings
– Restoration of obliterated writings
• Counterfeiting
– Examination of currency bills and coins and
the like
– Examination of fake documents
• Miscellaneous aspects
– Determination of age of documents
– Identification of stamps
– Examinations of seal and other
authenticating devices
Kinds of handwriting identification and
examination✅
Handwriting Examination
(Graphology/Graphoanalysis)
– examination of signatures and initials
– examination of anonymous letters
– hand printing examination
• Examination of Typewritings and
typeprints.
• Examination of Inks
• Examination of Erasures, alterations or
obliterations, etc.
– Detection of alteration
– Decipherment of erased writings
– Restoration of obliterated writings
• Counterfeiting
– Examination of currency bills and coins and
the like
– Examination of fake documents
• Miscellaneous aspects
– Determination of age of documents
– Identification of stamps
– Examinations of seal and other
authenticating devices
Techniques in examining questioned
documents✅
• MICROSCOPIC EXAMINATION - Any
examination or study which is made with the
microscope in order to discover minute
physical details.
• With proper angle and intensity or
illumination, it aids in the decipherment of
erasures, some minute manipulations not
perfectly pictured to the unaided eye and the
sequence of entries done by different writing
instruments.
• TRANSMITTED LIGHT EXAMINATION – In
this examination, the document is viewed
with the source of illumination behind it and
the light passing through the paper.
Documents are subjected to this type of
examination to determine the presence of
erasures, matching of serrations and some
other types of alterations.
• OBLIQUE LIGHT EXAMINATION - An
examination with the illumination so
controlled that it grazes or strikes the surface
of the document from one side at a very low
angle. Decipherment of faded handwriting,
determination of outlines in traced
forgery, embossed impressions, etc. are
subjected to this type of examination.
• PHOTOGRAPHIC EXAMINATION - This type
of examination is very essential in every
document examination. Actual observations
are recorded in the photographs
• ULTRA-VIOLET EXAMINATION - Ultraviolet
radiation is invisible and occurs in the wave
lengths just below the visible blue-violet end
of the spectrum (rainbow). These visible rays
react on some substances so that visible light
is reflected, a phenomenon known as
FLOURESCENCE.
• This type of examination is done in a
darkroom after the lamp has been warmed up
in order to give a maximum output of the
ultra-violet light. Exposure to the ultra-violet
light should be to the minimum duration in
order to avoid fading of some writing ink and
typewriter ribbon.
• INFRARED EXAMINATION - This
examination of beyond the red portion of the
visible spectrum (rainbow) which is usually
recorded on a specially sensitized
photographic emulsion.
e. Lie Detection Techniques (5 questions)
Lie detection techniques for both scientific
and non-scientific in detecting deception✅
SCIENTIFIC METHOD IN DETECTING
DECEPTION
1. Intoxication- Is a psychological stated
induced by the consumption of
alcohol.
2. Hypnosis- is a special psychological
state with certain physiological
attribute resembling sleep only
superficially and marked by a
functioning of the individual at a level
of awareness other than the ordinary
conscious state.
3. Word Association Test- intended to
reveal associative connections
between stimulus and words and free
verbal responses.
4. Truth Serum Test- is a psychoactive
medication used to obtain
information from subjects who are
unable or unwilling to provide it
otherwise.
5. Psychological Stress Evaluator-
Detects “guilt revealing” laryngeal
micro tremors which exist in the
voice and are associative with stress
and lying.
6. Computer Voice Stress Analyzer- It is
based on the hypothesis that there
are infrasonic components of human
voice not audible to observers caused
by physiological phenomenon
present in muscles called
“microtremor”
7. Neuro Linguistic Programming- This
method has made that by watching a
person's eye movements an
interviewer can determine if a person
is remembering a past event or
constructing an event.
8. Brain Wave Fingerprinting-Uses
brain-reading techniques to
determine whether specific
information is suited in a subject’s
brain by measuring electrical
brainwave responses to words,
phrases, or pictures presented on a
computer.
9. Micro Expressions-Micro-
expressions are unconscious
expressions that surface as the limbic
part of our brain sort, gather, and
assess information.
NON-SCIENTIFIC METHOD OF DETECTING
DECEPTION
Observation Method/ Non-verbal clues of
deception
1. Blushing, paling, and profuse sweating
2. Twitching of the lips
3. Excessive winking of the eyes
4. Failure to look the inquirer straight to the
eye
5. Excessive activity of the adam`s apple
6. Drumming of fingers on the chair
7. Swinging of the legs
Verbal Indication of Deception
1. Untruthful persons take their time in giving
a response. An awkward silence or a delaying
tactic such as, “who me?” or “why would I do
that?” may be used by the respondent.
2. The respondent may frame the answer with
a request to repeat the question.
3. Untruthful persons often speaks in
disjointed or curtailed sentences. Statements
such as “ I….I…can`t think……it seems to
me……” can be a clue of lying.
4. Anger is a common response to an unjust
accusation. Dishonest persons are often too
polite by using often pleasing terms such as
“sir” or “maam” or “chief.”
5. Honest people tend to be very clear in their
answers, while untruthful ones tend to speak
unclearly.
6. Contradicting testimonies made by the
witness are one of the best indicators of
dishonesty.
7. Gap in speech patterns may be one reliable
clue of deception.
Regular Police Methods
1. Cardinal Rules of Investigation
2. Tools of investigation
Procedures and techniques in using
polygraph machine✅
Stages in the Conduct of the Polygraph Test
Initial Interview with the Investigator
➢ Conducted by an investigator handling the
case, designed for the obtaining of pertinent
information necessary for the conduct of the
test. This is falling short of the basic process
of investigation. As a rule, no polygraph test
can be conducted if there is insufficient
amount data gathered.
1. Pre-test Interview = An interview
conducted by the polygraph examiner
designed to prepare or condition the
subject for the actual test. It usually lasts for
about 20 – 30 minutes.
a. Determining the subject physical, mental
and psychological suitability to undergo the
test
a.1. the subject should avoid taking drugs at
least 12 hrs. before the test
a.2. the subject if female should not be
pregnant
a.3. the subject should not be hungry
a.4. the subject should not be physically or
emotional abuse
a.5. the subject should not be suffering high
blood or hypertension.
b. Informing the subject of his Constitutional
Rights (if the examiner is a law enforcement
officer)
c. Taking of the subject consent
d. Taking of the subject personal data
e. Preparing the subject for the test –
administration of stimulation test
2. ln-Test (Actual Test) = is the actual conduct
of the test administered by a polygraph
examiner
Conditions of the Room
◼It should be spacious for two persons
◼Well lighted
◼Well ventilated
◼Sound Proof
◼Not decorated
3. Post-test Interview or Interrogation = is an
interview or an interrogation administered by
a polygraph examiner
after the test designed to obtain confession or
admission by the subject. = interview is
conducted when the reactions indicate an
innocent response and very cooperative to
the examiner. = interrogation is conducted
when the reactions show sign of deception
and being uncooperative to open an
information.
Types of Reactions
1. Internal Reaction – reaction of the internal
organs which may not be readily noticeable.
2. External Reaction – reaction of an
individual which are observable and which
can either be:
a. Facial
b. Postural
Parts of the polygraph machine✅
MAJOR COMPONENTS OF POLYGRAPH
The Polygraph machine is basically composed
of three major components serving as the
detecting mechanism and five major sections
by adding kymograph component and pen
and inking system to serve as the recording
mechanism.
1. Pneumograph = designed to detect and
record changes in respiration of the subject
which consists of the ff:
Rubber Convoluted Tube = about 10 inches
corrugated rubber attached to the body of the
subject.
Beaded Chain = used to lock the rubber
convoluted tube.
Recording Pen Unit = consisting of two 5
inches recording pen
Centering Knob = used to center the pen
Sensitivity Knob = used to adjust the desired
size of tracings
Vent = used to release excess pressure from
the system
Pneumo Module = located inside the
instrument that receives the reactions
detected by the corrugated tube and
moves the pen to record the reactions on the
chart
• Pneumo 1 – pneumatic connection for
upper (thoracic) pneumograph.
• Pneumo 2 – pneumatic connection for
lower (abdominal) pneumograph.
2. Cardiosphygmograph = Designed to detect
changes in the cardiovascular activity/
changes in blood pressure and pulse beat of
the subject. It consists of:
a. Blood Pressure Cuff = attached to the
upper right arm of the subject, above the
brachial artery.
b. Sphygmamonometer = used to indicate the
amount of air pressure inflated to the system.
Usually about 60 mm of mercury for male
subject.
c. Recording Pen Unit = five (5) inches length
d. Air Pump/Pump Bulb = designed to supply
air to the system
e. Cardio Module = located inside the
instrument that receives the reactions
detected by the cuff and moves the pen to
record the reactions on the chart
f. Sensitivity Control = used to adjust the
desired size of tracings
g. Centering Control = designed to center the
pen on the chart
h. Vent = Used to release excess pressure
from the system
Cardiosphygmograph provides a record of
the following:
1. Relative Blood Volume/Pressure = is the
changes in the average value of the cardio
tracing (waveform) with respect to a baseline.
a. Diastolic Blood Pressure = refers to the
downward blood pressure representing the
low pressure to the closing of the valves and
heart relaxed.
b. Systolic Blood Pressure = the upward blood
pressure as the apex of the curve caused by
the contraction of the heart, valves are open
and blood is rushing into the arteries.
2. Pulse Amplitude = changes in pulse
amplitude (tracing height) independent of
baseline.
3. Pulse Rate = changes in heart rate or time
between pulses.
4. Dicrotic Notch = changes in relative
position of the dicrotic notch or pulse
waveform short horizontal notch in a cardio-
tracing located at the middle of the diastolic
stem
3. Galvanograph = designed to detect
changes in skin resistance of the subject.
Consists of:
a. Finger Electrode Assembly consists of:
a.1. Finger Electrode Plate and Retainer Bond
= attached to the index and ring finger of the
subject.
a.2. Connecting Plug = attached the system to
the instrument
b. Recording Pen Unit = usually 7 inches
c. Amplifier Unit = designed to support the
galvanometer in converting electrical to
mechanical current.
d. Sensitivity Control = used to adjust the
desired size of tracings
e. Centering Control = designed to center the
pen on the chart
f. GSR Module = located inside the instrument
that receives the reactions detected by the
finger electrodes and moves the pen to
record the reactions on the chart
How does it Records?
Galvanic Skin Response = is the change in the
body’s resistance to the passage of a minute
electrical sensing current. The electrodes
electrically connect the subject to the
instrument. These provide a 5 microamp
sensing current to the subject, far below the
threshold of feeling.
Kymograph = serves as the paper feed
mechanism of the polygraph machine
= It is a motor that pulls or drives the chart
paper under the recording pen
simultaneously at the rate of five seconds per
vertical chart division or twelve divisions in
one minute run.
a. Cutter Bar = used to cut the paper at the
end of the test.
b. Rubber Roller = the one responsible for
pulling the paper out of the machine.
c. Pen Table = flat portion where the pen
writes on the chart.
d. Paper Rail Guide = serves as the security
for the unnecessary movement of the chart
paper or to ensure the paper’s forward
movement without shaking.
e. Synchronous Motor = runs the chart paper
at the uniform rate speed regardless of the
voltage change.
Polygraph Chart = approximately 100 ft.
rolled graph paper with approximately ¼ inch
horizontal division and ½ inch vertical division
equivalent to 5 second’s runs
Pen and Inking System = the one that
provides for the permanent record of the test
Capillary Ink = a water-based ink intended for
polygraph instruments
f. Forensic Ballistics (4 questions)
Principles of firearm identification✅
PRINCIPLES OF IDENTIFICATION OF A BULLET
1. No two barrels are microscopically identical
as the surfaces of their bores all possess
individual and characteristics on their own.
2. When a bullet is fired from a rifled barrel, it
becomes engraved by the riflings and this
engraving will vary its minute details with
every individual bore. So it happens that the
engravings on the bullet fired from one barrel
will be different from that on a similar bullet
fired from another barrel. And conversely the
engraving on bullets fired from the same
barrel will be the same.
3. Every barrel leaves its thumb marks on
every bullet which is fired through it, just as
every breech face leaves its thumb marks on
the base of every fired cartridge case.
PRINCIPLES OF IDENTIFICATION OF SHELLS
1. the breech face and striker of every single
firearm leave microscopically individualities of
their own.
2. The firearm leaves its “fingerprints” or
“thumb mark” on every cartridge case which
it fires.
3. The whole principle of identification is
based on the fact that since the breech face
of every weapon must be individually distinct,
the cartridge cases which it fires are
imprinted with this individuality. The imprint
on all cartridge cases fired from the same
weapon are always the same, those on
cartridge cases fired form different weapons
must always be different.
Types of firearms, ammunition and
explosives✅
GENERAL CLASSES OF FIREARMS
I. Firearms according to the Mechanical
Internal Constructions of Gun Barrel
a. Rifle Bore Firearms- are those types of
firearms wherein the bore is cut longitudinally
with a number of spiral grooves from the
breech end to the muzzle end of the barrel. A
combination of the lands and grooves inside
the gun barrel is called rifling.
Lands- the elevated portions inside the bore
of the barrel.
Grooves- the depressed portions inside the
bore of the barrel.
b. Smooth Bore Firearms-firearms which do
not have riflings, but just plain bore from the
breech end up to the muzzle end. Examples:
Musket and Shotguns
I have to
II. Firearms according to the Projectiles
Propelled
a. Artillery- are those types of firearms that
propel projectile that is more than one inch in
diameter.
Examples: Mortar, Cannon, Bazooka, M203
Grenade Launcher
b. Small Arms- any firearms designed to fire
projectiles that is less than one inch in
diameter.
Examples: .45 cal. Firearm, revolver, rifle,
III. Firearms According to Mechanical
Constructions
a. Single Shot Firearm- those firearms
designed to fire only one shot for every
loading which have to be reloaded for each
shot.
b. Repeating Firearm-firearm designed to fire
several rounds of cartridges in one loading
c. Automatic Firearm- are those firearms in
which the mechanisms are so arranged that it
will reload fresh cartridge and unload fired
cartridge case after firing. Automatic firearms
can be full automatic or semi-automatic.
d. Bolt Action Type-firearms that are
provided with a box magazine under the bolt
but some of them have tubular magazine like
a trombone action firearm.
e. Automatic Loading Type- firearm in which
after the first shot is fired, automatic loading
or feeding in the chamber takes place as long
as the trigger is squeezed by the firer.
f. Slide/Pump Action Type-this type of
firearm can be opened by grasping the
forearm which is usually a wooden part of the
gun, located under the barrel. This firearm is
designed to slide back and forth.
g. Lever Action Type- the trigger guard of this
type of firearm is hinged at the front end,
which is connected with the breech
mechanism. After firing, the finger lever is
moved downward so as to cause the trigger
guard to pivot on its hinged and its forward
extension is to move back.
Zip Gun- a name applied to all homemade
guns. This class of gun found to have a clever
mechanism most are effective weapon.
Ammunition/Cartridge
Refers to a loaded shell for rifles, muskets,
carbines, shotguns, revolvers and pistols,
from which a ball, bullet, shot, shell or other
missile may be fired by means of a
gunpowder or other explosives. It is a
complete unfired unit consisting of bullet,
cartridge case, gunpowder and primer. The
term may also includes ammunition/cartridge
for air rifles.
Parts of a cartridge/ammunition
1. Bullet- a projectile propelled through the
barrel of a firearm by means of an expansive
force of gases coming from a burning
gunpowder. It is also called as ball, or shot.
Classifications of Bullet
a. Lead Bullets- those made of lead or alloy of
metals, tin and antimony which is slightly
harder than pure lead.
b. Jacketed Bullets- those made of lead core
covered with jacket of harder material.
Principal types of bullet
a. Ball bullets- have soft lead
core inside a jacket and are
used against person. This is
the original terminology for
bullet.
b. Armor piercing bullets- have hardened
steel core, and are fired at vehicles and other
armoured targets. It is pointed flat base bullet
with gliding metal jacket. The core is of
pointed, boat-tailed shape and is made of
harden tungsten, chrome steel and has a
blackened tip. Used to penetrate armored
cars and vehicles.
c. Tracer Bullets- sets on fire when the bullet
is projected. The flash of light and smoke from
burning, permits flight of the tracer bullet to
be seen, especially at night time. Its path
continues its light enabling the shooter to
fixed his target at a particular distance. When
fired, emit a light red flame from its base,
there by showing the gunner the trace of
flame, the path as well as the striking point of
the bullet, the flame continuing to burn and
trace for about 600 yards. These are intended
primarily for machine gun use and can be
seen by day and night. The point of the bullet
colored red is for identification.
d. Incendiary bullets- contain a mixture such
as phosphorous or other materials that can be
set on fire by impact. These are used on
targets that will readily burn such as aircraft
and gasoline depot.
e. Explosive/fragmentary bullets- contain a
high charge of explosive.
Other Types:
DUM-DUM BULLET- this word and type of
bullet were invented by British Ordinance
force stationed at their arsenal at Dum-Dum,
India. The British army was engaged in
extensive Pumitive expedition on the
Northwest Frontier of India, fighting against
Afghan and Pathan tribesmen. It soon develop
that such a full jacketed bullet was of no
practical effect against primitive natures. So
the English made some of these bullets
expanding by grinding of the nose of the
jacketed bullet. These are now known as
Hallow Point bullet and Soft Point Bullet.
GAS CHECK BULLET- to prevent the melting of
the base, lead bullets intended to be fired at
higher velocity have their gases protected
with a small copper cups. The bullet is casts
with a slightly tape-ring base, and the copper
gas chock is then pressed lightly on the bore,
the cup remaining on the bullet when it is
fired.
WAD CUTTER BULLET- a cylindrical bullet
design having a sharp shouldered nose
intended to cut target paper clearly to
facilitate easy and accurate soaring.
WAX BULLET- a bullet made from paraffin and
other wax preparation usually used for short
range indoor target shooting
CLASSIFICATION OF CARTRIDGE ACCORDING
TO RIM
1. RIMMED TYPE- the diameter of the rim is
greater than the diameter of the body of the
cartridge case. e.g. caliber .38 and caliber .22.
2. SEMI-RIMMED TYPE- the diameter of the
rim is slightly greater than the diameter of the
body of the cartridge case. e.g. caliber .25. 32
auto. Super .38.
3. RIMLESS TYPE- the diameter of the rim is
equal to the body of the cartridge case. e.g.
caliber .5.56mm, .30, .9mm, .45.
4. REBATED TYPE- the diameter of the rim is
smaller than the body of the cartridge case.
e.g. caliber 8mm x 59.
5. BELTED TYPE- there is a protruding metal
around the body of the cartridge case near
the rim. e.g. caliber 338 magnum 13.9 x 39
TYPES OF CARTRIDGE CASE According TO
LOCATION OF PRIMER
1. PIN-FIRE CARTRIDGE- the pin extent
radially through the bead of the cartridge case
into the primer. This type of cartridge is no
longer use.
2. RIM-FIRE CARTRIDGE- the priming mixture
is place in the cavity formed in the rim of the
head of the cartridge case.
3. CENTER-FIRE CARTRIDGE- the primer cup is
force to the middle portion of the head of the
cartridge case.
4. PERCUSSION- a means of ignition of
propellant change by a mechanical blow
against the primer or percussion cap.
a. Low power- a cartridge giving a muzzle
velocity of less than 1850 ft/sec.
b. High power- a cartridge giving a muzzle
velocity of between 1925 and 2500 ft/sec.
c. High intensity- a cartridge giving a muzzle
velocity over 2500 ft/sec.
Characteristics of firearms✅
Class Characteristics vs Individual
Characteristics
Class Characteristics- are those characteristics
marking that are determinable even prior to
the manufacture of the firearms. These are
factory specifications and within the control
of man.
a. Bore diameter/caliber- the diameter of the
bore measured from land to land
b. Number of lands
c. Number of grooves
d. Width of lands
e. Direction of the twist
f. Pitch of the riflings - the distance advanced
by the rifling in one. complete turn or a
distance traveled by the bullet in one
complete turn.
g. Depth of the grooves
Individual/Accidental Characteristics- are
those characteristics marking which are
peculiar in a particular striation and do not
appear in all other firearms.
Marks/Striations on Fired Bullet
1. Rifling Marks- marks caused by the lands
and grooves.
2. Skid marks-it is caused by the worn out
barrel.
3. Stripping/Shaving Marks- this is caused by
bullet jumping towards the forcing cone or
breech end of the barrel. Usually it is caused
by the misalignment of the chamber of the
revolver and the breech end of the barrel.
4. Slippage marks- it is caused by the rotating
resistance of the bullet upon entering in the
rifling of the breech end.
4. CRIME DETECTION AND INVESTIGATION
(CDI) (40 ITEMS)
a. Fundamentals of Criminal Investigation
and Intelligence (4 ITEMS)
Principles of criminal investigation✅
General Principles of Investigation
Criminal Investigation is the collection of
facts to accomplish three-fold aim (PNP,
2011):
1. To identify the suspect;
2. To locate the suspect; and
3. To provide evidence of his guilt
Tools of investigation✅
1. INFORMATION – It is the knowledge of
facts which the investigator had gathered
from persons or documents, which are
pertinent relevant concerning the commission
of criminal activities.
TWO GENERAL CLASSIFICATIONS OF
SOURCES OF INFORMATION
1. Open Sources – 99% (OVERT)
2. Close Sources – 1% (Covert)
SOURCES OF INFORMATION
A. Regular Sources – acquired from open
sources, records, files.
B. Cultivated Sources – furnished by
informant/informer.
C. Grapevine Sources – coming from the
underworld characters such as prisoners or
criminals.
FORMS OF INFORMATION
1. Sensory Form – 5 senses
2. Written Form – Affidavits
3. Physical Form – Physical Evidence
2. INTERVIEW AND INTERROGATION
A. Interview defined – it is the simple
questioning of a person who cooperates with
the investigator.
B. Interrogation defined – it is a process of
obtaining an admission or confession from
those suspects to have committed a crime. It
is confrontational in nature.
3. INSTRUMENTATION – scientific
examination of real evidence, application of
instruments and methods of physical
sciences in detecting crime. It is the sum total
of the application of all sciences in
investigation known as“Criminalistics”.
Types and motives of informants;
informers✅
TYPES OF INFORMANTS
a. Anonymous Informant – one who provides
information to law enforcement while
refusing to identify himself or herself.
b. Rival-Elimination Informant – gives
information to eliminate the rival person or
gang due to competition or other motives
such as revenge.
c. False Informant – reveals information of no
consequence or no value.
d. Frightened Informant – motivated by
anxiety; he may be one of the lesser gang
members who runs to the police when his
gang mates are about to be involved in
dangerous situation or when the gang he
belongs is hot on the police trail. They are
considered as the weakest link in the
composition of the criminal chain.
e. Self-Aggrandizing Informant – this kind of
informant moves around the center of
criminals, group or syndicate and delight in
surprising the police about bits of
information.
f. Mercenary Informant – Sells information.
He/she could be one of the members of the
syndicate.
g. Double-Crosser Informant – confesses
information as an excuse to talk to the police
in order to get more information from them
more than he gives.
h. Woman Informant – she could be an
associate of the syndicate. She uses her body,
charm & beauty to obtain more information.
i. Incidental Informant – individuals who
furnish information with no intention of
repeating his services of furnishing
information on continuing basis.
j. Casual Informant – individuals who by social
or professional position, possesses or has
access to information to the investigation
unit, either in response to a specific request
or on his own initiative.
k. Automatic Informants – those by virtue of
their official positions are expected or
obligated to furnish information openly to the
investigation unit in normal course of their
duty.
l. Recruited Informant – individuals that are
selected, trained and utilized as continues and
covert sources of information concerning
specific counterintelligence targets.
m. Legitimate Informant - operators of
legitimate business establishments.
MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
Undercover✅
COVER AND UNDERCOVER ACTIVITIES
1. Cover - the means by which an individual
group of organization conceals the true
nature of its acts and or existence from the
observer.
2. Cover story – a biographical data through
fictional that will portray the personality of
the agent he assumed.
A scenario to cover up the operation.
3. Cover Support – an agent assigned in target
areas with the primary mission of supporting
the cover story.
Types of Cover
1. Natural Cover – using actual or true
background
2. Artificial – using biographical data adopted
for the purpose
3. Cover with in a Cover – justification of
existence
4. Multiple Cover – any cover you wish.
5. Organizational Cover – is an account
consisting of biographical which when
adopted by an individual will assume the
personality he wants to adopt.
Undercover Assignment – is an investigative
technique in which agent conceal his official
identity an obtain information from that
organization.
THE UNDECOVER AGENT
Special qualifications include knowledge of
the language, area background regarding
events, knowledge about the custom and
habits, physical appearance, and must be an
artist.

- crime scene processing
b. Specialized Crime Investigation 1 with
Legal Medicine (4 ITEMS)
Special crime investigation defined✅
SPECIAL CRIME INVESTIGATION
Special Crime Investigation deals with the
study of major crimes based on the
application of special investigative technique.
The study concentrates more on physical
evidence, its collection, handling,
identification and preservation in
coordination with the crime laboratory.
Special Crime Investigation involves a close
relationship between the prober in the field
and the crime laboratory technician. They
work together as a team, reacting to and
extending one another's theories and findings
both working patiently and thoroughly to
solve a crime from their investigative
discoveries.
- principles involved in cases of parricide,
murder, homicide, infanticide and abortion
- changes in the body of the dead person
POST-MORTEM CHANGES
1. ALGOR MORTIS (Cooling of the body)
The body cools following death at
approximately 1.5 degrees F per hour, under
normal conditions and assuming the body’s
temperature at death is 98.6 degrees F (37
degrees C).
Factors Affecting Algor Mortis:
1. Illness
2.Clothes
3.Obesity
4.Room temperature
Changes in the Muscle After Death
After death, the muscles of the body passes
through three stages:
➢Primary Relaxation or Flaccidity
➢Rigor Mortis/ Post Mortem Rigidity
➢Secondary Relaxation or Flaccidity
PRIMARY RELAXATION/FLACCIDITY
• During this stage, death is only somatic
• Lasts for 1-2 hours
• Body flattens over area which are in contact
with the surface on which it rests
• Muscular irritability and response to
mechanical or electrical stimuli persists.
2. POST MORTEM RIGIDITY (Rigor Mortis)
a. Stage of Primary Flaccidity (Post-mortem
or Period of Muscular Irritability); - Muscles
are relaxed and capable of contracting when
stimulated, pupil is dilated, incontinence of
urination and defection. Lasts 3-6 hours after
death.
b. Stage of Post-mortem Rigidity (Cadaveric
Rigidity / Death Stiffening / “Death Struggle
of the Muscles” / “Rigor Mortis”); - 3-6 hours
after death and may last 24 to 36 hours body
become rigid due to contraction of the
muscles.
CONDITIONS SIMULATING RIGOR MORTIS
▪ Heat stiffening – when a body is exposed to
temperatures above 75 degrees Celsius
▪ Cold Stiffening – when a body is exposed to
freezing temperatures, the tissues becomes
frozen and stiff, due to freezing of the body
fluids and solidification of subcutaneous fat
simulating rigor
▪ Cadaveric spasm – is the stiffening of certain
group of muscles occurring at the moment of
death, usually associated with violent death
due to extreme nervous tension, or even
fatigue.
▪ SECONDARY FLACCIDITY
⚫After the disappearance of rigor mortis, the
muscle becomes soft and flaccid, due to the
dissolution of the muscle proteins which have
previously been coagulated during the period
of rigor mortis
⚫The body becomes limp again and the
muscles are no longer capable of responding
to mechanical or electrical stimulus
Signals the start of putrefaction or
decomposition due to bacteria
Noted about 48 hours after death
POST-MORTEM LIVIDITY (Livor Mortis)
a. Coagulation of the Blood; - The stasis of
the blood due to the cessation of circulation
enhances the coagulation of blood inside the
blood vessel. Blood clothing is accelerated in
cases of death by infectious fevers and
delayed in cases of asphyxia, poisoning by
opium, hydrocyanic acid or carbon monoxide
poisoning.
b. Post-Mortem Lividity or Cadaveric
Lividity / Post-Mortem Suggillation / Post-
Mortem Hypostasis / “Livor Mortis” - It is the
discoloration of the body after death when
the blood tends to pool in the blood vessels
for the most dependent portion of the body.
The blood remains fluid in the body after
death for 6 to 8 hours and gradually clot until
it is fully developed at about 12 hrs. The
appearance of Post-Mortem Lividity usually
starts about 20-30 minutes after death; thus,
it can also be a means in approximating the
time of death of the person. But it is
more useful in determining the position of the
body after death. The discoloration of the
bloody may vary in color. Usually it is dull-red
or reddish-purple with some bluish-black
petechiae due to rupture of small engorge
capillaries. In carbon monoxide and cyanide
poisoning as well as exposure to cold
temperature, the color is pink while lead
color asphyxia. Although the color will
become darker and permanent as it
completes.
TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form
inside blood vessel; change as position of the
body changes. Blood remains fluid in the
blood vessel for 6- 8 hours.
2. Diffusion– Coagulated inside blood vessel;
Change in position will not change its location
Importance of Cadaveric Lividity
• It is one of the signs of death
• It may determine the position of the body
after death or whether it was changes after its
appearance in the body.
• The color of lividity may indicate the cause
of death.
• It gives us an idea as to the time of death.
❖Points to be considered which may infer
the position of the body at the time of death:
➢Posture of the Body when found
✓The body may become rigid in the position
in which he died. Post-mortem lividity may
develop in the assumed
position.
➢Post-mortem hypostasis
✓Hypostatic lividity will be found in areas of
the body in contact with the surface where
the body lies.
➢Cadaveric Spasm
✓In violent death, the attitude of the body
may infer position on account of the spasm of
the muscles. e.g., in drowning the victim may
be holding the seaweeds.
Characteristics of Post-Mortem Lividity
1.It occurs in the most extensive areas of the
most dependent portion of the body.
2.It involves the superficial layer of the skin,
lungs, intestines, kidneys, and brain.
3.Color is uniform in the tissues.
4.It is not elevated from the skin, lungs,
intestines, kidneys and brain.
5.There is no injury to the tissues.
6.The color may appear and disappear in the
tissues by shifting the position of the body in
the earlier stages of
death.
THE COLOR OF LIVIDITY MAY INDICATE THE
CAUSE OF DEATH:
Dilation of the pupil
➢Dilation is enlargement of the black pupil
area
➢It will start 7 hours after death
➢After 12 hours, the whole eye gets cloudy
and fish-like
c. Specialized Crime Investigation 2 with
Interrogation and Interview (4 ITEMS)
- Evidences needed to file the case of
Robbery, Brigandage, Theft, Usurpation,
Culpable Insolvency, Swindling and other
deceit, Chattel Mortgage, Arson and other
Crimes Involving Destruction and Malicious
Mischief
Robbery
According to the 1930 Revised Penal Code of
the Philippines any person who, with intent to
gain, shall take any personal property
belonging to another, by means of violence or
intimidation of any person or using force
upon anything shall be guilty of robbery.
Robbery is theft accomplished by violence or
the threat of violence. It almost always
requires the presence of a victim who is
threatened with bodily harm.
Elements of the Crime of Robbery
The PNP Criminal Investigation Manual
(2011), states that the elements of robbery
are as follows.
1. The personal property belongs to another.
2. The unlawful taking of that property
3. With intent to gain (animus lucrandi).
4. Violence against or intimidation of any
person or force upon things.
5. The offenses can be committed by a band
or with the use of firearms on a street, road
or alley or by attacking a moving train, street
car, motor vehicle or airship or by entering or
taking the passenger conveyance by surprise.
6. Other analogous acts Robbery with
Violence or Intimidation of Persons Robbery is
oftentimes accompanied by violence or
intimidation of another person. The elements
of these are as follows:
• The personal property belongs to another
• The unlawful taking of that property
• With intent to gain (animus lucrandi).
• The taking is with violence against or
intimidation of persons.
Five classes of Robbery with Violence or
Intimidation
Robbery with violence or intimidation of
persons, takes five classifications, namely:
1. Robbery with homicide
2. Robbery with rape, intentional mutilation
or the physical injuries
3. Robbery with physical injuries
4. Robbery committed with unnecessary
violence or with physical injuries
5. Robbery in other cases, or simply robbery
where the violence against or intimidation of
persons cannot be subsumed by or where it is
not sufficiently specified so as to fall under,
the first four.
Robbery by the Use of Force upon Things
Elements of Robbery by the Use of Force
upon Things are:
• The is taking of personal property;
• The personal property belong to another;
• The taking is with animus lucrandi;
• The taking is with force upon things.
Robbery in an Inhabitated House or
Public Building or Edifice Devoted to Worship
The malefactors shall enter the house or
building in which the robbery was committed,
by any of the following
means (RA 3815, 1930, Section 229):
1. Through an opening not intended for
entrance or egress.
2. By breaking any wall, roof, or floor or
breaking any door or window.
3. By using false keys, picklocks or similar
tools.
4. By using any fictitious name or pretending
to exercise public authority. Or if the robbery
be committed under any of the following
circumstances (RA 3815, 1930, Section 299):
1. By the breaking of doors, wardrobes,
cheats, or any other kind of locked or sealed
furniture or receptacle;
2. By taking such furniture or objects to be
broken or forced open outside the place of - Contents and format of above-stated

affidavits✅
the robbery

Inhabited house- means any shelter, ship or

vessel constituting the dwelling of one or
more persons, even though the inhabitants an i. Intro to Cybercrime (3 ITEMS)
temporarily absent from it when the robbery

Cybercrime offenses under RA 10175✅

is committed.

Robbery in an Uninhabited Place or in a

Private Building
- Techniques and Golden Rule in
Conducting Interview / Interrogation
d. Traffic Management and Accident
Investigation with Driving (4 ITEMS)
- Pillars of Traffic
- Traffic Control Devices (Light, Signal, traffic
islands, pavement markings)
- traffic violations
e. Fire Protection and Arson Investigation (4
ITEMS)
- elements of fire
- classifications of fire and its causes
- classification of arson, stages and prima facie
evidence
f. Vice and Drug Education and Control (4
ITEMS)
- Signs and Symptoms of Drug Use
- The procedures and/or legal provisions of
drug operations by PNP, PDEA, NBI, and
Customs (ex: Buy-bust Operation
Procedure, Raid)
5. CORRECTIONAL ADMINISTRATION (CorAd)
(30 ITEMS)
a. Institutional Corrections (13 items)
early forms as well as the
contemporary forms of
punishment✅
Ancient Forms of Punishment:
1. Death Penalty / Capital Punishment –
Affected by burning, beheading, hanging,
breaking at the wheels, pillory and other
forms of medieval executions.
DEATH CONVICT- This refers to an inmate
were death penalty/sentence imposed by the
Regional Trial Court is affirmed by the
Supreme Court.
2. Physical Torture / Corporal Punishment– It
is affected by maiming, mutilation, whipping
and other inhumane or barbaric forms of
inflicting pain.

g. Technical English 1 (4 ITEMS) CORPORAL PUNISHMENT – It is the infliction

of physical pain as a form of punishment.
- Basic Types of Investigative Reports
- 3. Social Degradation – The act of putting the
Style and format, courtesy, and etiquette, of a report offender into shame or humiliation.
and memorandum

h. Technical English 2 (4 ITEMS) 4. Banishment or Exile / ostracism / outlawry

– The sending or putting away of an offender
- Affidavit of Arresting Officer, Complaint, Witness, Desistance, rejoinder,
which was carriedundertaking, counter
out either by affidavit, affidavit of loss, disinte
prohibition
against coming into a specified territory such
as an island to where the offender
has been removed.
-Presently known as Destierro
METHODS OF DEATH PENALTY EXECUTED IN
THE PHILIPPINES
GARROTE – This became popular when 3
friars/priests commonly addressed as
GOMBURZA were executed in 1872 by the
Spanish colonial rules for exposing the
venalities of the church.
– An iron collar attached upon a scaffold
formerly used in Spain and Portugal. The
convict is seated on the
improvised chair with both hands and feet
tied. Then, the victim’s neck is placed on the
collar attached to it. Finally, the iron collar is
slowly tightened by the screw at the back
chair by the executioner until the death
convict is pronounced dead.
– This method of execution was abolished in
the Philippines by virtue of Act 451.
MUSKETRY – National Hero, Dr. Jose P. Rizal
died due to the alleged rebellion to the
Spanish government. Drugl ord Lim Seng met
his death sentence by firing squad in1973 at
Fort Bonifacio during Martial Law.
BEHEADING/DECAPITATION - Guerillas
apprehended were beheaded by Samurai
Sword at the Japanese Kempetei Garrison in
1943.
HANGING - Mostly, the execution is
conducted at dawn. The executioner will
place a cloth over his head. Steel weights are
strapped to the legs of the death convict to
ensure that he/she will die quickly. Then, the
rope will be placed around the neck of the
convict, and finally, the platform will be
removed.
ELECTRIC CHAIR/SILIA ELECTRICA – The
Muntinlupa electric chair had claimed more
than 70 lives convicted of capital offenses
since its installation 4-decades ago.
– The convict is seated on a chair made of
electrical conducting materials with strap of
electrodes on wrist, ankle and head. Upon
orders, the levers will be pulled-up and the
fatal volts of alternating current pas the body
until the convict dies. If ever the convict is still
alive, the lever shall be pulled again until he is
pronounced dead.
LETHAL INFECTION – While the 1987
Constitution abolished death sentence,
Congress however, in 1996 passed RA 7659 as
amended by RA 8177 that imposes death
penalty for heinous crime by lethal injection.
– Developed in 1924 by an anesthesiologist in
Nevada.
Components of chemicals used in Lethal
Injection are:
Non-Lethal Dose / SODIUM THIOPENTAL – a
sleep inducing barbiturate commonly used in
surgery to put the patient asleep; Lethal Dose
PANCURONIUM BROMIDE – a drug capable
of paralyzing the muscles;
POTASSIUM CHLORIDE – capable of stopping
heartbeat within seconds and this is
commonly used in Heart-by-pass operations.
OTHER FORMS OF EXECUTION
STONING/LAPIDATION – It is a form of
execution wherein the condemned person is
pelted with stones
BEHEADING – A form of capital punishment
practiced in ancient Greece and Europe, the
punishment is reserved for offender of high
rank and for notorious criminals. The
condemned man’s neck is placed on the
wooden curved wood specially designed for
the purpose. Most often, the doomed-man is
blackhooded with both hands tied at the back
before his head is positioned at the chopping
block. At a given signal, the head is axed and
the severed head fall on the truck provided
therefore. Today, beheading continues to be
the method of executions for capital
punishment in many Muslim countries
including China.
CRUCIFICTION – A person convicted to death
was nailed on the cross with both hands and
feet to add ignominy to his agony and
humiliation he was crowned with the specter
of vines of spines on his head. Then the
Roman pears were thrust to his flesh body
and died of asphyxiation.
BURNING AT STAKE – It is a form of execution
wherein the convict is tied in a pole and then
sets on fire alive.
FEEDING TO THE LIONS – The offender is
thrown in a lion’s den.
PILLORY – Bouvier’s Dictionary defines pillory
as a wooden machine, in which the neck of
the doomed culprit is inserted thereof and
usually executed in public as a means of
punishing the offenders in
Europe and Colonial America.
– Pillory is a wooden frame with three curved
holes in it (two for the left and right wrists
and the middle-curved hole is for the neck)
and mounted on the post upon a platform,
the condemned man was left to die at the
mercy of unfriendly weather. Other similar
forms with holes for the offender’s feet are
called as STOCK.
DECAPITATION – derived from a LATIN word
“DE” meaning FROM and “CAPUT” meaning
HEAD. Instead of using axe, the method
employed is by the use of a sword and the
practice is widespread in China and Muslim
States.
FLAGELLATION – An X-designed log was cross-
joined and decline at 65 degrees backward.
The hooded doomed-man was tied on the
cross-x with both hands spread upward while
the feet were spread apart. The con-man is
bared naked except with the skimpy short
pants.
– The whipping rod is made of stripped hard
leather with brass button in laid across and
embedded at the tips. At the given signal, six
men will whip 30 lashes each alternately and
will continue except upon the intercession of
the victim or the State which intervention of
the aggrieved to stop is tantamount to pardon
and the co-man
shall be released to freedom.
GUILLOTIN – A device for cutting off people’s
head developed in 1792 by Dr. Joseph Ignacio
Guillotin a member of the French National
Assembly, he proposed that all executions
must be uniform and painless.
ELECTRIC CHAIR – The convict is seated in a
chair made of electrical conducting materials
with strap of electrodes on wrist, ankles and
head. Upon orders, the lever will be pulled-up
and the fatal volts of alternating current pass
the body until the convict dies. If ever the
convict is still alive, the lever shall be pulled-
again until he is pronounced dead.
HANGING - Mostly, the execution is
conducted at dawn. The executioner will
place a cloth over his head.
Steel weights are strapped to the legs of the
death convict to ensure that he/she will die
quickly. Then the rope will be placed around
the neck of the convict, and, finally, the
platform will be removed.
MUSKETRY – Most often, the convict is black
hooded with hands tied and may face or snub
the firing squad.
GAS CHAMBER- Invented after World War I
by a Medical Corp’s Officer of the US Army as
an alternative to electric chair. In medical
term, the convict will die from Hypoxia which
means death due to the cutting-off of
Oxygen in the brain. The convict is placed in a
sealed chamber where the carbon monoxide
is introduced until the convict is pronounced
dead.
IMPALEMENT (IMPALING) - a form of capital
punishment; it is the penetration of an
organism by an object such as a stake, pole,
spear or hook, by complete (or partial)
perforation of the body, often the central
body mass. Killing by piercing the body with a
spear or sharp pole.
- Recall the BJMP manual from 2015.
Definition of terms,✅
Section 12. DEFINITION OF TERMS - As
used in this Manual, the following terms are
defined:
1. Alcoholics - those inmates who suffer
from alcoholism or those engaged in
the improper compulsive intake of
alcohol which may result in physical,
social and behavioral problems.
2. Bisexual - are those inmates who
have a sexual attraction or sexual
behavior toward both males and
females, and may also encompass
sexual attraction to people of any
gender identity or to a person
irrespective of that person’s
biological sex or gender.
3. Carpeta - otherwise known as
“inmate record or jacket”, contains
the personal and criminal records of
inmates, documents related to
his/her incarceration such as but not
limited to: commitment order,
subpoenas, personal identification,
orders from the court, and all other
papers necessarily connected with
the detention of an inmate.
4. Child or Children in Conflict with the
Law (CICL), also known as
5. “Youth Offender” - a person under
eighteen (18) years old who is alleged
as, accused of or adjudged as having
committed an offense under the
Philippine laws.
6. Chief Custodial Officer - is the
personnel in-charge in the overall
supervision of all custodial functions.
7. City Jail - is a facility or a place of
confinement for those inmates who
are sentenced with a penalty from (1)
one day to three (3) year
imprisonment.
8. Clustering of Jails - the designation of
a municipal or city Jail as a facility for
one or more adjacent municipalities
in order to maximize the utilization of
personnel and other resources. The
“host” city or municipality is named
as a district to accommodate inmates
from the municipalities clustered to
it.
9. Commitment Order - a written order
of the court, or any other agency
authorized by law to issue, entrusting
an inmate to a jail for the purpose of
safekeeping during the pendency of
his/her case.
10. Contraband - any article, item, or
thing prohibited by law and/or
forbidden by jail rules that would
pose as security hazards or endanger
the lives of inmates.
11. Conjugal Visitation – refers to the
visit by the wife for a short period,
usually an hour, more or less, to her
incarcerated husband during which
they are allowed privacy and are
generally understood to have sexual
contact.
12. Detainee - a person who is accused
before a court or competent
authority and is temporarily confined
in jail while undergoing or awaiting
investigation, trial, or final judgment.
13. District Jail - is a facility or a place of
confinement for inmates coming
from a city or clustered municipalities
who are waiting or undergoing trial
or serving sentence of one (1) day to
three (3) years.
14. Drug Dependents - are those inmates
who have a psychological craving for
habituation to and abuse of or
physiologic reliance on a
chemical/drug substance.
15. Drug Users - are those inmates who
take substances/drugs that can alter
their body and mind works.
16. Escape-Prone Inmates - are inmates
who are likely and have the tendency
to escape from the jail facility.
17. Gay - is a male homosexual inmate,
 who experiences romantic love or
sexual attraction to fellow male
inmates.
18. High Risk Inmates in BJMP Jails - are
those considered as highly dangerous
or with high probability of escaping
or being rescued because of the
gravity of the crimes they are accused
of or have a propensity for being
troublemakers or initiators of jail
riots and disturbance and who
require a high degree of control and
supervision. Particularly included
herein are those charged with
heinous crimes, such as murder,
terrorism, kidnap for ransom,
violation of R.A. No. 9165, the
imposable penalty for which is from
life imprisonment to death, etc.
These also include those who have a
record of escaping from jails,
recidivists, habitual delinquents, and
those with severe personality or
emotional disorders that make them
dangerous to their fellow inmates or
the jail personnel.
19. High Profile Inmates in BJMP Jails -
are those who are not necessarily
charged with heinous crimes but are
prominent figures in society or public
figures whose cases have drawn
public interest.
20. Infirmed Inmates - are those inmates
who are physically or mentally weak
for a prolonged period of time
specifically caused by age or illness.
21. Inmate - is the generic term used to
refer to a detainee or prisoner.
22. Inmates with Disability - are those
inmates who have an impairment
that may be physical, cognitive,
mental, sensory, emotional,
developmental, or some combination
of these.
23. Inmates with Other Nationalities -
are those inmates who are foreign
nationals.
24. Instrument of Restraint - a device,
contrivance, tool or instrument used
to hold back, keep in, check or
control inmates; e.g., handcuffs.
25. Jail - is a place of confinement for city
and municipal detainees/prisoners,
any fugitive from justice, or person
detained awaiting or undergoing
investigation or trial and/or pending
transfer to the National Penitentiary,
and/or violent, mentally ill person
who endangers him/herself or the
safety of others, duly certified as such
by the proper medical or health
officer, pending transfer to a mental
institution.
26. Jail Aide – is an inmate who requires
less supervision than other inmates.
Although he/she may be assigned
special tasks, he/she has no special
privileges, and is not allowed to work
alone nor exercise any authority over
other inmates.
27. Jail Incident -any untoward or
uncommon actions, events, or
conditions such as jail break, riot,
noise barrage, stabbing or assault
upon personnel that occurs in jail and
perpetrated by any person, which
may or may not have followed or
depended upon another action of
grave or serious consequences such
as escape, injury, death, fire, flood,
earthquake, or other calamity which
affects the jail.
28. Jailbreak - the escape from jail by
more than two (2) inmates by the use
of force, threat, violence or deceit or
by breaching security barriers such as
by scaling the perimeter fence, by
tunneling and/or by other similar
means or by burning or destructing of
the facility or a portion of the facility
with or without the aid of jail officer
or any other person.
29. Jail escape - it is an act of leaving
from jail of an inmate through
unofficial and illegal ways or without
any legal order from the authorities.
30. Jail Warden - person charged with
the overall operational and
administrative control of jail.
31. Illegal Contraband- are those that are
 unlawful in themselves and not
because of some extraneous
circumstances (i.e. dangerous drugs,
weapons, potential weapons,
explosives).
32. Lesbian - is a female homosexual
inmate, who experiences romantic
love or sexual attraction to fellow
female inmates.
33. Mentally ill - are those inmates who
suffer from mental illness and
afflicted with or exhibiting
irrationality and mental unsoundness.
34. Mittimus Order - a warrant issued by
a court bearing its seal and the
signature of the judge, directing the
jail or prison authorities to receive
inmates for the service of sentence.
35. Municipal Jail - is a facility or a place
of confinement for those who are
sentenced with a penalty for a term
not exceeding six (6) month
imprisonment.
36. Nuisance Contraband - are those that
may not be classified as illegal under
the Philippine laws but are forbidden
by jail rules i.e. cellphone, money or
other commodities of exchange such
as jewelry, appliances and gadgets,
excessive wearing apparels and
sleeping paraphernalia, intoxicating
liquors, cigarettes, pornographic
materials, gambling paraphernalia
and other products that are
considered as instruments for vices
since they threaten the security, fire
safety, sanitation of the facility, and
the orderly activities of the jail.
37. Offender - refers to a person who is
accused of violating or transgressing
laws and ordinances passed by
competent authorities in the
Philippines.
38. Officer - in general, the term officer
shall refer to all uniformed personnel
of the BJMP; when referring to rank,
however, the term officer shall refer
to those holding the rank of jail
inspector and above. Penology - a
branch of criminology dealing with
jail management and administration
of inmates.
39. Pregnant Inmates - a female inmate
bearing a developing embryo, fetus,
or unborn offspring within her body.
Prisoner - an inmate who is convicted
by final judgment.
40. Provincial Jail – is a facility or a place
of confinement for inmates who are
sentenced with imprisonment from
six (6) months and (1) one to three
(3) year imprisonment.
41. Provincial Jail Administrator - refers
to the official duly designated to head
the BJMP Provincial Jail
Administrator’s Office and to oversee
the implementation of jail services of
all district, city and municipal jails
within its territorial jurisdiction.
42. Reformation - means amending or
improving by changing inmate's
behavior or removing his or her faults
or abuse and removing or correcting
an abuse a wrong or error.
43. Regional Director - refers to the
official duly designated to head the
BJMP Regional Office, to oversee the
implementation of jail services within
his/her jurisdiction covering
provincial jail administrator’s offices,
district, city and municipal jails, and
to ensure the enforcement of laws
and regulations related to the
functions his or her office as
mandated of him or her.
44. Regional Office- means an office,
which has administrative and
operational control over its provincial
jail administrator’s offices, district,
city and municipal jails.
45. Rehabilitation - a program of activity
directed to restore an inmate’s self
respect and sense of responsibility to
the community, thereby making
him/her a law-abiding citizen after
serving his/her sentence.
46. Safekeeping - refers to the temporary
custody of a person for his/her own
protection from the community he or
she comes from, and for the
 community he or she comes from.
47. Senior Citizens Inmates - are those
inmates who have reached sixty years
old, or those who have retired from
work, and those who generally
belong to the "old age" bracket.
48. Sex Offenders - are those inmates
who committed crimes involving sex,
including rape, molestation,
pedophilia, sexual harassment and
pornography production or
distributions.
49. Sexual Deviates - inmates who have
a type of mental disorder
characterized by a preference for or
obsession with unusual sexual
practices, as pedophilia,
sadomasochism, or exhibitionism or
inmates whose sexual practices are
socially prohibited.
50. Suicidal Inmates - are those inmates
who have a tendency to commit
suicide or to harm themselves.
51. Transgender - are those inmates
whose gender identity or gender
expression does not match with their
innate sexual identity.
52. Transfer -the delivery,
notwithstanding his/her or their
appeal, of an inmate or inmates
sentenced to more than three (3)
year imprisonment, from any BJMP
manned jail to any of the Bureau of
Corrections (BuCor) prisons or penal
farms or the delivery of an inmate/s
from BJMP-manned jail to another
jail facility.
Admission procedure✅
● RECEIVING the new prisoner is
received at the RDC. The new
prisoner usually comes from a
provincial or city jail where he was
immediately committed upon
conviction by the court, and escorted
by the escort platoon during his
transfer to the National Prison.
● CHECKING OF COMMITMENT
PAPERS - the receiving officer checks
the commitment papers if they are in
order. That is, if they contain the
signature of the judge or the
signature of the clerk of court, and
the seal of the court.
● IDENTIFICATION - the prisoner’s
identity is established through the
picture and fingerprint appearing in
the commitment order. This is to
ensure that the person being
committed is the same as the person
being named in the commitment
order.
● SEARCHING - this step involves the
frisking of the prisoner and searching
his personal things. Weapons and
other items classified as contraband
are confiscated and deposited to the
property custodian. Other properties
are deposited with the trust fund
officer under recording and receipts.
● BRIEFING AND ORIENTATION - the
prisoner will be brief and oriented on
the rules and regulations of the
prison before he will be assigned to
the RDC or the quarantine unit.
RECEPTION DIAGNOSTIC CENTER (RDC)-
shall receive, study and classify inmates,
within 60 days. QUARANTINE CELL / UNIT–
inmate shall be placed in quarantine for a
least five (5) days during which he shall be
physical and mental examination. Oriented
with prison rules; and Interviewed by a
counselor; social workers or other program
staff officers
Custody, security and control,
emergency plans, movement and transfer
of inmates✅
RULE V

CUSTODY, SECURITY AND CONTROL,
EMERGENCY PLANS, MOVEMENT AND
TRANSFER OF PRISONERS AND DETAINEES
Jail management and penology is concerned
with the humane safekeeping and
development of inmates. Effective custody
ensures that inmates are well- secured in all
areas of the detention facility and properly
escorted when attending their court hearings
and other authorized/lawful destinations. This
Rule focuses on effective safekeeping.
Section 35. CUSTODY, SECURITY AND
CONTROL
Each jail shall, as much as practicable,
maintain the following minimum standards
with regard to security of the facility:
An established security perimeter. In every
jail, there shall be a defined, controlled
security perimeter;
A secured office for personnel;
A secured visiting area for inmates’
visitors;
A secured multi-purpose area for
inmates’ activities and an area for livelihood
activities;
Armory and storage lockers for inmates’
valuable items and other equipment;
Operational closed circuit televisions
(CCTV) strategically mounted to monitor jail
premises and all activities therein;
A two-way communication system to be
used by the officer of the day, supervisor,
desk officer and other personnel on duty; and
Equipment necessary to sustain
operability of utilities, communications,
security and fire protection equipment at all
times.
To ensure that minimum standards in
security and control are maintained, the
following policies, guidelines and procedures
shall be strictly implemented in all jail
facilities:
Each newly admitted inmate shall be
thoroughly searched for weapons and other
contraband immediately upon arrival in the
facility;
All inmates must be searched thoroughly
by the duty personnel whenever they enter or
leave the security areas;
Conduct surprise searches on inmates
and inspection of their quarters and other
areas accessible to inmates at least once a
week to detect and flush out contraband;
Maintain an updated written emergency
operations plan such as but not limited to
natural and man-made calamities and other
jail disturbances. These plans must be made
known to and understood by jail personnel
through the conduct of regular dry runs;
Maintain a journal of activities,
emergency situations and unusual incidents;
Maintain a key control center for storing
keys that is inaccessible to inmates and
unauthorized persons. There shall be an
accounting system for issuing and returning of
keys. There shall be a reporting system for
documenting and repairing broken or
malfunctioning keys or locks. Inmates shall be
prohibited from handling jail security keys;
There shall be one (1) full set of duplicate
keys, secured in a place accessible only to jail
personnel for use in the event of an
emergency. These keys shall be marked for
easy identification during adverse conditions;
Continuous inspection and maintenance
of all locks. Replace locks as often as possible
and never allow inmates to install locking
system in the cell gates and to possess their
own padlock for purposes of locking
themselves in their cells that will cause delay
for personnel conducting regular cell search
and inspection;
Maintain strict control of firearms such
as, but not limited, to the following:
Never allow any personnel with firearms
on areas of inmates and/or in any area
intended for inmates’ activities;
Never allow inmates in the workplace of
personnel or in areas where firearms are
authorized; and
Secure firearms and anti-riot equipment
in the armory located within easy reach of jail
personnel in case of emergencies but not
accessible to inmates.
All firearms, ammunition, chemical
agents, related security and emergency
equipment must be inventoried and tested at
least quarterly to determine their condition
and expiration dates, as the case may be. This
shall include regular inspection of fire
extinguishers and other detection and
suppression systems available;
All tools, toxic, corrosive and flammable
substances and other potentially dangerous
supplies and equipment shall be stored in a
locked area which is secure and located
outside the inmate’s area. Tools, supplies and
equipment which are particularly hazardous
shall be used by inmates only under direct
supervision;
Conduct daily inspections of all security
facilities (i.e. closed circuit televisions,
ceilings, window grills, iron bars, etc.) and
document all findings. Any tampering or
defects detected must be reported in writing
to proper authority for immediate action;
Regular conduct of "guard mounting" for
all "incoming duty" of the Custodial Unit and
for the members of Escort Unit before their
assumption of duty to remind and update
them of the policies/guidelines pertaining to
security and control;
Conduct regular count of inmates at least
five to six (5-6) times within a 24-hour period
and strictly implement the established
procedures in counting inmates (See Section
35). Personnel conducting the count shall
record the result;
Prohibit inmate’s visitor to stay inside jail
premises beyond authorized visiting period
regardless of any reasons; (Refer to ANNEX
“B”)
Inmates shall be supervised at all times
whenever they are outside their cells;
Never allow any personnel under the
influence of intoxicating beverage to enter
the jail facility or to perform an official duty;
Carefully select the inmates to be utilized
as jail aide and maintain rigid control over
their activities. Never allow inmate to be
utilized for any janitorial services at jail
offices, restricted areas, and/or for errands
outside the jail premises. In no case shall an
inmate be allowed to perform clerical duties
or to have access to personnel files and other
official documents;
Never allow a jail officer to render
successive shifts of duty except in cases of
emergencies;
Never allow jail personnel to open
inmates quarters alone. At least one (1) other
jail officer should be present and guarding the
gate;
Inmates should be taken out of jail only
upon written order of the Court;
Ensure that all vehicles and persons
entering the jail premises are properly
searched in accordance with the existing
policies/procedures;

Regularly inspect and check the
availability of emergency lights and other
emergency equipment and ensure that each
personnel rendering night shift duties has one
(1) flashlight, nightstick/baton and whistle;
and
As regard the use of force:
Use of force shall be limited to instances
of justifiable self- defense, prevention of self-
inflicted harm, protection of others,
prevention of riot, commission of a crime,
escape or other jail disturbance and to
controlling or subduing an inmate who
refuses to obey a lawful command or order;
Use of force shall be limited to the
amount of force necessary to control a given
situation and shall include a continuum of
escalating force levels;
An examination and/or treatment by
health personnel shall be provided to
prisoners or staff involved in a use of force
incident when there is obvious physical injury
or there is a complaint of injury or request for
medical attention; and
Use of force incidents shall be recorded
and reviewed by the Warden.
Section 36. INMATES COUNT - It is
imperative that at specified times during each
24-hour period, all inmates are physically
counted. For this type of count, the general
procedures are as follows:
Count each inmate physically at specified
times or as necessary;
During the count, ensure that all
movements of inmates are stopped until the
count is completed;
The count must be accurate. Make a
positive verification to ascertain that the
inmates are physically present. Refrain from
conducting a count on the basis of only having
seen any part of his clothing, hair or shoes;
Submit a report of each count of a group
of inmates to the warden and/or assistant
warden (officer of the day); and
If the total jail count does not tally with
the total jail population at any given time,
conduct another count. Render an immediate
report to the warden and/or assistant warden
(officer of the day) relative to any
unaccounted inmate.
Section 37. SECURITY PROCEDURES
DURING MEAL SERVICE -
Security must be considered in serving
food inside the cells/quarters. A jail officer
should not enter the inmates’ quarters to
distribute food unless another officer is
available to handle the keys and control the
entrance door.
Section 38. DINING ROOM SECURITY -
For jail facilities that have separate dining or
mess halls, the following shall be observed:
As a general precaution, individual mess
utensils of inmates shall be made of plastic;
When dining rooms are provided, the
inmates should march in columns of two’s
along designated routes under the
supervision of jail personnel. Other officials to
direct the orderly movement of inmates to
and from the mess hall must be stationed
along the routes;
Designate a roving supervisor to handle
any disturbances or settle complaints;
After every meal, all utensils used by the
inmates should be collected. Jail personnel
should strictly supervise this to ensure that no
utensils are brought out the dining room; and
Check and account for all forks, spoons
and other kitchen utensils after every meal.
Section 39. MAIL SERVICES AND
CENSORSHIP - Mail service shall be provided
to all inmates provided that all outgoing and
incoming mail matters are passed through a
designated Censor Officer in order to
intercept any contraband or illegal articles
and any information affecting the security of
the jail.
The following procedures should be
strictly observed when censoring mail:
There shall be no limitation on the
amount of incoming or outgoing mail or
correspondence when the inmates are
responsible for the cost/s of postage;
Incoming inmates’ mail, correspondence
and packages shall be opened and inspected
to intercept cash, checks, money orders and
contraband. The censor officer shall observe
the documentary procedures in disposing of
intercepted items;
Legal mail or correspondence shall be
opened and inspected in the presence of the
inmate to intercept contraband;
Mails shall not be distributed to the
inmates until the censors have examined
them. Mail shall only be opened and searched
by qualified, trained and authorized jail
personnel in the presence of inmate
addressee;
Any currency, checks or money found in
the letter should be turned over to the Trust
Officer/Property Custodian. The receiving
officer should indicate the amount received
on a "receipt form" in duplicate. The original
receipt signed by the receiving officer should
be kept for the record and the duplicate copy
should be given to the inmate;
Carefully examine all greeting cards and
collect fillers of any kind found therein for
laboratory examination;
Photographs that are clearly within the
scope of jail regulations should be marked on
the opposite side and placed in the envelope;
Bring to the warden’s attention any item
or correspondence or enclosure that does not
conform to regulations or are detrimental to
security, order and discipline of the jail;
In the censoring of mails, prison slang,
unusual nicknames, and sentences with
double meanings should be carefully studied
and analyzed to determine the real meanings;
Refer to the warden all letters containing
statements concerning the security or
reputation of the jail, like attempts to escape
or smuggling/trafficking of contraband, and
statements that may affect existing rules and
policies;
All letters passing through the scrutiny
standards of the censors should bear the
censor’s stamp at the top of each page and on
the envelope. The letter should be placed
back in the same envelope, resealed and
given to the inmate;
A listing of mail for inmates should be
properly kept and form part of the records of
the jail;
Do not discuss the contents of inmates’
mail with other jail personnel,
except for official purposes;
The inmate sending out any mail matter
shall open his mail/package and have it read
and inspected by the designated censor
officer, if the mail is clear for dispatch, the
inmate shall close and seal the mail and place
the same in the outgoing mail box;
If the outgoing or incoming mail has
contraband or harmful information, such
matter shall be registered as violation of jail
rules and regulations and should be brought
before the Disciplinary Board for immediate
adjudication;
The designated jail staff shall collect the
inmates’ mail matters on a
daily basis, Monday through Friday;
Inmate’s letters or any other mail matter
shall be sent as registered, certified,
"stamped" or marked "via special delivery" if
he or she so desires at his or expense. The
letters will be processed in accordance with
the procedures in handling mails; and
An inmate under disciplinary segregation
shall be allowed full correspondence
privileges, unless his or her misconduct
involves a serious violation of correspondence
regulations.
Section 40. MOVEMENT/TRANSFER OF
INMATES - Prisoners or detainees may be
moved or transferred safely and humanely by
trained personnel who shall adopt the
necessary level of security, supervision, and
control to ensure public safety under specific
circumstances outlined below:
Subject to the conditions set forth in the
succeeding sections and by virtue of an
appropriate court order, an inmate may be
brought out of jail under any of the following
instances:
To appear, as witness before any court of
justice or prosecutor’s office during
preliminary investigation, arraignment or
hearing of a criminal case;
To appear as witness in any investigation
or formal inquiry being conducted by a
government agency;
To view the remains of a deceased
relative within the second degree of affinity or
consanguinity; and
To undergo medical examination or
treatment in a hospital or clinic.
An inmate may be transferred to another
institution only upon specific order of the
court having jurisdiction over him/her, except
in cases of serious illness where
hospitalization is necessary, and the inmate
has to be immediately taken to the nearest
hospital upon recommendation of the health
officer. In this case, the jail warden, or in
his/her absence, the officer in-charge, shall
immediately notify the regional director and
the court concerned within six (6) hours after
the inmate is brought to the hospital or within
six (6) hours from the first hour of the
following day (BJMP Revised Policy on
Hospitalization and Death of Inmates dated
29 July 2010);
In the case of inmates classified as high-
risk/high-profile and detained in small and
remote jail facilities or in jails not considered
as high security facility, their transfer to a
better secured jail shall be effected provided a
prior request is made from the executive
judge who has administrative supervision
over the court in the place where the jail in
which the inmate is detained for his/her
immediate action, approval and notification
to the court’s Presiding Judge (See ANNEX “C”
- Supreme Court Administrative Circular Nr
68-2005);
In any emergency like riot or other jail
disturbance that happens on a weekend and
when the immediate transfer to other BJMP-
manned jails of inmates involved is necessary
to ensure the safety of other inmates and
security of the jail, the warden, under such
compelling situation, can recommend to the
regional director, verbally or in writing, their
immediate transfer to another jail, provided
that, on the first hour of the following
working day, the court concerned must be
informed of the said transfer and a
commitment order must be issued, otherwise,
the return of the transferred inmates is
imperative. Provided, however, that those
inmates who instigated and led, and those
involved in the disturbance or violence,
disruptive and/or riotous actions so created
shall be classified as high-risk detainees and
shall be immediately transferred to a more
secured facility in accordance with the
immediately preceding paragraph;
The same classification shall be applied
to inmates who (a) have escaped, attempted
to escape or committed acts to facilitate an
escape from custody; (b) demonstrated
physically or sexually assaultive behavior
resulting in either attempt to sexually assault
any person, serious physical injury or death of
any person; (c) assaulted or attempted to
assault another with a deadly weapon; (d)
compelled or attempted to compel another to
perform sexual acts, engage in sexual conduct
or sexual contact, or submit to sexual contact
all by means of force or threat of force; or (e)
compelled or coerced another, by force or
threat of serious physical harm or death, to
provide anything of value, to perform any act,
or to violate any statute or jail rule;
Inmates who wish to view the remains of
a deceased relative within the second degree
of consanguinity or affinity and whose motion
for that purpose was approved by the court as
proven by a valid court order issued to the
warden shall be required to submit a written
request to the warden at least three (3) days
before the date of viewing and which request
should be accompanied by the following
documents:
Death Certificate of the deceased
relative duly certified by the attending
physician or local civil registrar;
The appropriate certificate as indicated
after the name of the deceased relative, to
wit:
Spouse - marriage contract;
Children - birth certificates of the
deceased child and marriage certificate of the
inmate and his/her spouse;
Father or Mother - birth certificates of
the inmate and his/her deceased parent;
Brother or Sister - birth certificates of
the inmate and his/her deceased sibling;
Grandparent - birth certificates of the
inmate and his/her parent who is the child of
the deceased grandparent; and
Grandchild - birth certificates of the
inmate and his/her child who is the parent of
the deceased grandchild.
Sketch map of the place where the
remains lie in state.
Immediately upon receipt of the court
order, and with the inmate's written request
yet to be submitted, the warden shall order
the Jail intelligence unit to conduct
reconnaissance operation in the area where
the remains of the deceased still lie in state,
to assess any threat against the inmate
and/or his/her security escorts, to locate the
place of burial, and to conduct route survey to
establish a safer and better route for the
escorts;
In case of Muslim inmates, it shall be
ascertained whether the date indicated in the
Court Order for the inmate or inmates to view
the remains their deceased relative/s within
twenty-four (24) hours from the time of the
death of his or her/their relatives. This is view
of Muslim customs and traditions, providing
among others burying the dead within
twenty-four (24) hours after death.
The warden shall timely oppose the
request and timely notify the court of his or
her inability to comply with the order allowing
the inmate to be escorted out of the jail to
view the remains of a deceased relative in any
of the following cases:
The deceased relative is lying-in-state in
a place beyond thirty-kilometer radius from
the jail or, in any case, where the inmate
cannot return to said place during daylight
hours;
The inmate has a record of escape or
attempted escape;
The inmate has two (2) or more pending
criminal cases or is a material witness in a
pending criminal case;
The inmate is classified as high risk, high
profile, high value or violent extremist
offender;
The inmate cannot be assured of his
safety and security, or his escape is highly
possible; and
There is an intelligence report that the
inmate will escape or will be rescued.
If approved, the inmate shall not be
allowed to stay more than three
(3) hours in the place where the remains
of the deceased relative lie in state. Further,
in no case shall the inmate be allowed to join
the funeral cortege.
 Section 41. COOPERATION AND
COORDINATION AMONG JAIL WARDENS
REGARDING TEMPORARY TRANSFER OF
INMATE - Jail Wardens
must agree on the use of facilities for the
temporary detention of an inmate from other
localities before, during and after trial.
Warden who shall effect the
movement/transfer of an inmate shall
shoulder all the expenses for transportation
and other incidental expenses of the same
while confined in other jails. The classification
standards of the BJMP such as to the inmate’s
age, gender, or those with special needs,
among others, shall be observed while he/she
is in temporary detention.
Section 42. RULES TO BE FOLLOWED
WHEN TRANSPORTING
INMATES - When moving/transporting
inmates, the following shall be observed:
General Precautions
Jail personnel shall not discuss with the
inmate the transportation plans, schedules or
equipment to be used / adopted;
Inmates shall be notified of a trip only
prior to the departure and shall not be
allowed to make any phone call;
Prior to movement/transport, all escort
personnel shall be given detailed instructions
on their respective duties and responsibilities;
Whenever possible, transfer shall only be
made during daytime;
Long distance transport of one (1) or
more inmates shall be escorted by a minimum
of three (3) escort personnel and a back-up
vehicle, if available;
If possible, personnel from Jail
Intelligence Unit shall serve covert security by
serving as advance party of the convoy and
shall conduct road scanning of the agreed
route to detect any threat to the inmate and
his/her escorts while en route. Being familiar
with the area, the local intelligence unit of the
nearest jail facility in the place of destination
shall also assist in long
distance transport of inmates by way of
conducting reconnaissance operation prior to
the scheduled arrival to determine any
unusual activities in the area which may affect
the safe and secure transport of the inmate;
The most direct and shortest route to the
destination shall be taken and no deviation
shall be allowed except when security
consideration requires otherwise;
Using rented vehicle shall not be allowed
when transporting inmates;
Team leader of the escort personnel
must be equipped with a two-way radio
and/or a mobile phone;
Inmates under escort shall always be
under the watchful eye of the escort
personnel. While in transit, the personnel
shall stay close enough to the inmate to be
able to respond effectively in case of
emergency. If on board a prisoners van, escort
personnel shall not seat inside the van but
shall instead strategically position himself or
herself in the escort seat;
While en route, escort personnel shall
ensure that the sliding bolt lock of the back
door of the van carrying the inmates is
properly locked, observe people and vehicles
getting near their vehicle, and remain
prepared for any eventuality;
Escort personnel shall observe and
follow the established guidelines in escorting
high-risk/high-profile and VEO’s inmates;
Escort personnel shall be the first ones to
disembark from the vehicle and shall position
in a safe distance to ensure clear vision of
disembarking inmates. However, when
boarding the vehicle, it should be the inmate
who shall first board the vehicle;

Escort personnel are justified in using
deadly force to protect themselves and/or the
inmate/s from ambush or any deadly attack
while in transport;
In case of an accident while en route,
escort personnel shall secure and observe the
inmates inside the vehicle, let them stay
inside the vehicle as much as possible. Apply
first aid to injured inmates when necessary,
while waiting for law enforcement and
emergency assistance. The chief escort shall
also be informed about the incident and be
updated of the development in the situation;
In the event that radio or mobile phone
communication is not possible, escort
personnel may flag down any motorist,
identify themselves and ask the motorist to
notify the nearest law enforcement agency
for assistance;
In the case of minor serious vehicular
problem that can be repaired on the spot,
escort personnel shall secure and observe
inmates who shall remain inside the vehicle to
the extent possible;
Maximum security measure shall be
observed at all times in providing escort to
high risk, high profile inmates and VEO’s
following the ratio of one is to one plus one
escort supervisor;
The driver shall not leave the vehicle
while in court or other authorized destination
and be watchful of any suspicious individual;
To avoid unnecessary stops while in
transit, inmates should have relieved
themselves from personal necessity; and
The following basic security precautions
shall be observed during transport of inmates:
Do not allow inmates to tinker with the
handcuff;
Regard all inmates being transported as
extremely dangerous;
Adjust the cuffs properly for tightness to
avoid the need of adjustment while en route
and observe proper placement of handcuff
which is either right to right or left to left.
High risk/ high profile inmates and VEO’s must
be handcuffed at the back;
The escort shall always be on guard for
any possible attack or ambush;
Escort personnel shall be extra careful
not to sit, stand or walk next to an inmate
while carrying a gun to avoid being grabbed
by the inmate;
Stopping along the highway while in
transit is highly discouraged;
Keep inmates inside the vehicle except
when necessary;
Thoroughly inspect restraint equipment
for proper function and damage, and make a
thorough body search before placing the
equipment on an inmate and before removing
an inmate from a holding area;
Keep inmates in sight at all times;
While in court premises, firearms shall be
unloaded. However, when escorting the
inmate to and from the vehicle, the same
shall be properly loaded with ammunitions;
Exercise good judgment as unexpected
events not covered by policy or procedure
may occur on any transport. If in doubt,
secure the inmate in a local law
enforcement/jail facility and call the chief
escort or officer of the day for direction;
Never stop for a disabled motorist or
road mishap while transporting inmates but
notify local enforcement unit or the highway
patrol regarding the incident;
Avoid interfering with road incidences
such as but not limited to robbery in progress
while transporting inmates unless it poses
imminent threat against the inmate, escort
personnel or the public and if the same so
occurs, the immediate evacuation of the
inmate from the area shall be primarily
considered. In no case shall the inmate and
the vehicle be left unattended;
In case of involvement in a road accident
and no traffic authority is present or cannot
arrive in a shortest possible times, the
position of the vehicles and the damage
incurred including skid mark, if any, shall be
immediately photographed or sketched and
before leaving, provide the driver of the other
party a contact number of the jail. Once the
inmate was returned to the jail, immediately
coordinate with the traffic authorities having
jurisdiction in the place of incident;
Secure inmates who damaged restraints,
other equipment or vehicles and report rule
infraction;
Turn in vehicle inspection slip to the
supply officer noting any vehicle deficiency or
problem upon conclusion of each transport;
and
Turn in or check in all inmates,
property/equipment and the necessary
documents to the concerned offices.
Chief Escort
Coordinates with the records section
chief and determines the number and names
of inmates scheduled for court hearing as well
as their respective destinations as approved
by the warden;
Conducts guard mounting and
accounting of the members of escort unit and
carefully inspects their service firearms
including other equipment to be used;
Coordinates with the custodial unit the
list of inmates scheduled for court hearing
and assumes responsibility over them after
they are properly accounted for and turned
over by the custodial unit;
Records in the Jail Blotter the purpose,
date, time, branch of court and other
destination of each movement/transfer of
inmates. Maintain a logbook or database for
Escort Unit indicating there in the same data
to include the date and time of arrival as well
as the occurrence of untoward incident, if
any, as well as the observation of any unusual
movement of inmates and other people en
route;
Select escort personnel and designate a
team leader who shall serve as the contact
person for the duration of the transport of
inmates;
Accomplish the Daily Escort Slip
indicating the names of assigned escort
personnel for each inmate;
Ensure the availability of marked
transportation vehicle;
Supervise the conduct of strip searches
on inmates prior to and after the
inmates’ movement/transport;
Ensure that appropriate security
measures are undertaken to maintain custody
and control of inmates to be transported;
Ensures that all inmates are properly
dressed in accordance with prescriptions
before they are transported, and ensure that
inmates carry only item/s duly inspected and
for which they have been granted permit to
carry;
Ensures that the driver had checked the
vehicle and ascertain BLOW BAGETS is
observed;
Monitors through handheld radio or
mobile phone the situation and current
location of the inmates and their escorts
while outside the jail facility;
In case of long distance transport of
inmates, coordinates with the nearest local
law enforcement agencies/jail units having
territorial jurisdiction over the destination;
and
Maintain regular communication with
the warden on all movements/transfers of
inmates.
Escort Personnel
Check the identity and receive the
inmate named in the Daily Escort Slip duly
signed by the Chief Escort;
Keep/maintain a copy of current profiles
and photos of all inmates being transported
for immediate submission to local law
enforcement units in the event of an escape
or other emergency situations. For this
purpose, the Records Section shall maintain a
duplicate copy of the current profiles and
photographs of all inmates in their respective
carpetas which shall be prepared on the day
prior to the date of scheduled hearing and be
given to the Chief Escort prior to the inmates
transport;
Ensure the correct identification of all
inmates being transported by comparing the
face, name and other important data with the
photograph and information on each inmate’s
profile before leaving the facility;
Conduct visual inspection of the vehicle
to ensure that it is clean, fueled, mechanically
serviceable and free of contraband or any
other item that may impede the safe and
secure transport of inmates;
Ensure that all inmates are properly
restrained before going out of the jail;
Ascertain whether an inmate has a
crippled, deformed or very small hand that
will allow him/her to slip the handcuff off his
hand;
Be armed with an authorized and duly
permitted weapon and ammunitions;
Transport and secure the inmate as
assigned;
Maintain radio or mobile phone contact
with the Chief escort/Officer of the Day in the
jail. Escort team leader shall bring his mobile
phone or check out one from the Supply
Officer for use, if any; and
Be updated of their location along the
roadways to expedite the response from law
enforcement units in case of any eventuality.
Use of Restraints
In all instances, an inmate being moved
shall be handcuffed. When two
(2) or more inmates are transported,
each must be secured to the other. In no case
shall an inmate be handcuffed in any part of
the vehicle during transit to avoid being
trapped in case of an accident. Use additional
restraints, or limited restraints for special
needs, when necessary shall be authorized.
Techniques in Handcuffing:
Rear Position Front Position
thumbs up - thumbs down
palms out - palms out
double locked - double locked
key holes facing up - key holes facing up
used for hostile or violent inmates
used for general population
Guidelines for using restraint:
Never place a restrained inmate in an
area where unrestrained inmates are located;
Never handcuff an inmate without
double-locking both handcuffs;
Never handcuff a male inmate with a
female inmate;
Never handcuff an adult inmate with a
juvenile inmate;
Never handcuff a maximum risk inmate
with a medium or minimum risk inmate;
Observe right to right/left to left when
placing handcuff; and
Restraint shall never be used as a
punishment.
Special Concerns
Illness En Route
In the event that an inmate becomes
gravely ill while en route and there is no
medical assistance available, the escort
personnel shall make an arrangement for a
medical examination at the nearest
government hospital or medical facility
The escort personnel shall contact the
Chief Escort or Officer of the Day for further
instruction; and
Should an escort personnel becomes ill
during transport, the escort shall secure the
inmate/s in a nearest jail/police station and
immediately notify the Chief Escort or Officer
of the Day.
Escape
If an inmate escapes during transport,
the escort personnel shall exhaust all means
possible to immediately apprehend the
inmate;
If more than one (1) inmate is being
transported, at least one (1) personnel shall
remain with the inmates still in custody;
The escort personnel shall notify the
nearest law enforcement unit and the Chief
Escort as soon as possible;
Personnel shall remain in the vicinity of
the place where escape happened to assist
local law enforcement units; and
In the event that an escape or attempted
escape has transpired in a public place, escort
personnel shall not fire warning shots. If time
and opportunity allows and no other person is
near the escapee, the personnel may shoot
provided a verbal warning was made prior to
the discharge of the firearm.
Meals
Escort personnel shall provide all meals
and drinks en route with packed meals and
drinks;
Inmate meals shall be served to the
inmate in the transport vehicle; and
The inmate shall be kept in restraint at
all times;
Restroom Breaks
If possible, escort personnel shall
coordinate restroom breaks with the nearest
local law enforcement units or jail facilities;
In case of emergency stop, escort
personnel should avoid congested areas; and
Escort personnel must inspect
emergency stop areas before entry and keep
the inmate under visual supervision at all
times without removing the restraint.
Contact to the Public
Escort personnel shall maintain low
profile and shall avoid public contact while in
a the company of an inmate;
Inmates shall not be allowed to make
any phone call or contact with anyone while
in transport;
Unauthorized person shall not be
allowed to get near the inmate. Only a lawyer
or lawyers and court personnel shall be
permitted to converse with the inmate; and
No media interview shall be allowed for
the inmate and/or escort personnel. (Based
on the case of ANDREA ROSAL)

Section 43. EMERGENCY
PLANS/CONTINGENCY PLANS -Emergency
plans for both natural and man-made
calamities and other forms of jail disturbances
shall be formulated to suit the physical
structure and other factors peculiar to every
jail, such as:
Natural Calamities Man-made
Calamities/ Disturbances
Fire a. Riot
Flood b. Jailbreak
Earthquake c. Noise barrage
Tsunami d. Hostage-taking
Landslide e. Food poisoning
Typhoon f. Rescue
Volcanic eruption g. Biological attacks
Epidemics h. Bombing
Others i. Water shortage
Power failure
Others
Section 44. REGULAR DRY- RUN - To ensure
that the contingency plans would be applied
to the letters, regular dry run shall be
conducted taking into consideration the
actual strength of the jail per shift and the
absolute reaction of personnel on off duty
upon notice of disturbance/s. Regional and
provincial offices of the Jail Bureau shall adopt
its own contingency plans on how to react
upon notice of any disturbance in the jail and
on its own offices. The same shall likewise
conduct a regular dry-run to ensure effective
and well-organized reaction.
Releasing of inmates,✅
Section 32. PROCEDURE ON RELEASING -
The procedures shall be observed when
inmates are to be released from detention.
1. Desk Officer
Upon receipt of release order, the desk
officer shall coordinate with the paralegal
officer for verification of the authenticity of
said order.
2. Paralegal Officer
Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate’s release.
b. Checks inmate records to ensure that
the data in the release order coincide with the
data in the inmate’s carpeta (spelling of
name, offense, Criminal Case Number, etc.).
c. Checks that the inmate has no other
pending case/s.
d. Routes the release paper to different
signatories.
4. Property Custodian
1. Checks on the receipt of property and
returns to the inmate his/her deposited
items.
2. Makes sure that returned items of the
inmate are duly received and properly
recorded.
5. Desk Officer
Records the release of inmate and the
condition of the inmate upon his/her release.
6. Jail Warden
Reports to concerned agencies/persons the
release of inmate for aftercare program. Upon
release of the inmate, the warden shall notify
the following agencies/persons:
Barangay Captain - mandatory
Priest or religious minister - mandatory
Family - if release is not witnessed by
any
member of immediate family
Court - in case of convicted inmate
Classification of inmates, and✅
RULE II: COMMITMENT AND
CLASSIFICATION OF PRISONERS AND
DETAINEES
A person can be committed to jail only
upon the issuance of an appropriate order by
a competent court or authority so mandated
under Philippine laws. This Rule enumerates
courts and authorities, and classifies inmates
according to the conditions for their
commitment.
Section 13. COMMITMENT - means
entrusting for the confinement of an inmate
to a jail by a competent court or authority, for
the purposes of safekeeping during the
pendency of his/her case.
Section 14. COURTS AND OTHER
ENTITIES AUTHORIZED TO
COMMIT A PERSON TO JAIL- The
following (courts and entities) are authorized
to commit a person to jail:
a. Supreme Court;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or
persons authorized by law to arrest
and commit a person to jail.
Section 15. CLASSIFICATION - refers to
assigning or to grouping of
inmates according to their respective
penalty, gender, age, nationality, health,
criminal records, etc.
Section 16. CATEGORIES OF INMATES -
The two (2) general categories
of inmates are:
a. Prisoner - inmate who is convicted by
final judgment; and
b. Detainee - inmate who is undergoing
investigation/trial or awaiting
final judgment.
Section 17. CLASSIFICATION OF
PRISONERS - The four (4) main
classes of prisoners are:
a. Insular Prisoner - one who is
sentenced to a prison term of three (3) years
and one (1) day to reclusion perpetua or life
imprisonment;
b. Provincial Prisoner - one who is
sentenced to a prison term of six (6) months
and one (1) day to three (3) years;
c. City Prisoner - one who is sentenced
to a prison term of one (1) day to three (3)
years; and
d. Municipal Prisoner - one who is
sentenced to a prison term of one (1) day to
six (6) months.
Section 18. CLASSIFICATION OF
DETAINEES - The three (3) classes of
detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
Section 19. INMATES SECURITY
CLASSIFICATION -The following are
the classifications of inmates according
to security risk each may pose:
a. High Profile Inmate - those who
require increased security based on intense
media coverage or public concern as a result
of their offense such as but not limited to
those who have been involved in a highly
controversial or sensationalized crime or
those who became prominent for being a
politician, government official, multi-million
entrepreneur, religious or cause-oriented
group leader and movie or television
personality.
b. High Risk Inmate - those who are
considered highly dangerous and who require
a greater degree of security, control and
supervision because of their deemed
capability of escape, of being rescued, and
their ability to launch or spearhead acts of
violence inside the jail. This includes those
charged with heinous crimes such as murder,
kidnapping for ransom, economic sabotage,
syndicated or organized crimes, etc.
 Also included are inmates with military
or police trainings or those whose life is in
danger or under imminent threat.
c. High Value Target (HVT) - a target,
either a resource or a person, who may either
be an enemy combatant, high ranking official
or a civilian in danger of capture or death,
typically in possession of critical intelligence,
data, or authority marked as an objective for
a mission and which a commander requires
for the successful completion of the same.
d. Security Threat Group - any formal or
informal ongoing inmates’ group, gang,
organization or association consisting of three
or more members falling into one of the
following basic categories: street gangs,
prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive
groups and terrorist organizations.
e. Subversive Group - a group of persons
that adopts or advocates subversive principles
or policies tending to overthrow or
undermine an established government.
f. Terrorist Group - a group of persons
that commits any of the following: piracy and
mutiny in the high seas or in the Philippine
waters, rebellion or insurrection, coup d’état,
murder, kidnapping and serious illegal
detention, crimes involving destruction,
arson, hijacking, violation of laws on toxic
substances and hazardous and nuclear waste
control, violations of atomic energy
regulations, anti-piracy and anti highway
robbery, illegal and unlawful possession,
manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or
explosives.
g. Violent Extremist Offender (VEO) - a
person whose political or religious ideologies
are considered far outside the mainstream
attitudes of the society or who violates
common moral standards and who has
adopted an increasingly extreme ideals and
aspirations resorting to the employment of
violence in the furtherance of his/her beliefs.
h. Medium Risk Inmates -those who
represent a moderate risk to the public and
staff. These inmates still require greater
security, control and supervision as they
might escape from and might commit
violence inside the jail.
i. Minimum Risk Inmates (Ordinary
Inmates) - those inmates who have lesser
tendencies to commit offenses and generally
pose the least risk to public safety. In most
cases, they may be first time offenders and
are charged with light offenses.
Procedures in the hearing of disciplinary
cases.✅
Section 29. PROCEDURES IN THE
HEARING OF DISCIPLINARY
CASES - The following procedures shall
be followed in the hearing of disciplinary
cases:
a. The aggrieved inmate or any person
(visitor, inmate or personnel) reports the
violation to the Desk Officer;
b. The desk officer shall immediately
submit a written report to the warden and the
latter shall direct the Investigation Unit to
conduct an investigation within twenty-four
(24) hours upon receipt of the directive. The
Investigation Unit shall submit to the Warden
their report together with their
recommendations;
c. The warden shall evaluate the report
and if he/she believes that there is no
sufficient evidence to support the alleged
violation, he/she shall
dismiss the case. If he/she believes that
sufficient evidence exists, he/she shall decide
the case and impose the necessary penalty in
case of minor violations. If the offense is less
grave or grave, he/she shall endorse it to the
disciplinary board for hearing or decide it
himself/herself as a in his or her capacity as
summary disciplinary officer in the absence of
a disciplinary board;
d. The inmate shall be confronted of the
reported violation and asked how he/she
pleads to the charge. If he/she admits the
violation or pleads
guilty, the Board or the Warden, as the case
may be, shall impose the corresponding
authorized disciplinary action;
e. If the inmate denies the charge, a
summary hearing shall be held giving the
opportunity for both parties to present their
testimonies and those of their witnesses, if
any, and to present evidence to shed light on
the case;
f. After the hearing, the board shall
decide with the merits of the case as bases;
g. Whether the inmate is found guilty or
not, he/she should be advised to obey the
rules and regulations strictly and be reminded
that good
behavior is indispensable for his/her early
release and/or the granting of privileges; and
h. Decisions of the Board are subject to
review and approval by the warden whose
decision should be final and executory.
Section 30. PUNISHABLE ACTS - An
inmate is strictly prohibited from
committing any of the following acts:
1. MINOR OFFENSES:
a. Selling or bartering with fellow
inmate(s) those items not classified
as contraband;
b. Rendering personal service to fellow
inmate(s);
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain
cleanliness and orderliness in his/her
quarters and/or surroundings;
e. Making frivolous or groundless
complaints;
f. Taking the cudgels for or reporting
complaints on behalf of other
inmates;
g. Reporting late for inmate formation
and inmate headcount without
justifiable reasons; and
h. Willful waste of food.
2. LESS GRAVE OFFENSES:
a. Failure to report for work detail without
sufficient justification;
b. Failure to render assistance to an injured
personnel or inmate;
c. Failure to assist in putting out fires inside
the jail;
d. Behaving improperly or acting boisterously
during religious, social and other group
functions;
e. Swearing, cursing or using profane or
defamatory language directed at other
persons;
f. Malingering or pretending to be sick to skip
work assignment;
g. Spreading rumors or malicious intrigues to
besmirch the honor of any person, particularly
BJMP personnel;
h. Failure to stand at attention and give due
respect when confronted by or reporting to
any BJMP personnel;
i. Forcing fellow inmates to render personal
service to him/her and/or to others;
j. Exchanging uniforms or wearing clothes
other than those issued to him/her for the
purpose of circumventing jail rules;
k. Loitering or being in an unauthorized place;
l. Using the telephone without authority from
the desk officer/warden;
m. Writing, defacing, or drawing on walls,
floors or any furniture or equipment;
n. Withholding information, which may be
inimical or prejudicial to the jail
administration;
o. Possession of lewd or pornographic
literature and/or photographs;
p. Absence from cell, brigade, place of work
during headcount, or at any time without
justifiable reason; and
q. Failure to turn over any
implement/article/s issued after work detail.
3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any
official communication, transaction, or
investigation;
b. Keeping or concealing keys or locks of
places in the jail which are off-limits to
inmates;
c. Giving gifts, selling, or bartering items with
jail personnel;
d. Keeping in his/her possession money,
jewelry, cellular phones or other
communication devices and other items
classified as contraband under the rules;
e. Tattooing others or allowing him/her to be
tattooed on any part of the body, or keeping
any paraphernalia to be used in tattooing;
f. Forcibly taking or extorting money from
fellow inmates and visitors;
g. Punishing or inflicting injury or any harm
upon himself/herself or other inmates;
h. Receiving, keeping, taking or drinking liquor
and prohibited drugs;
i. Making, improvising or keeping any kind of
deadly weapon;
j. Concealing or withholding information on
plans of attempted escapes;
k. Unruly conduct and flagrant disregard for
discipline and instructions;
l. Escaping, attempting or planning to escape
from the institution or from any guard;
m. Helping, aiding or abetting others to
escape;
n. Fighting, causing any disturbance or
participating therein and/or agitating to cause
such disturbance or riot;
o. Indecent, immoral or lascivious acts by
himself/herself or others and/or allowing
himself/herself to be the subject of such
indecent,
immoral or lascivious acts;
p. Willful disobedience to a lawful order
issued by any BJMP
personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or
equipment;
s. Participating in kangaroo court, an
unauthorized or irregular court conducted
with disregard for or perversion of legal
procedures as a mock court by the inmates in
a jail/prison;
t. Affiliating with any gang or faction whose
main purpose is to foment regionalism or to
segregate themselves from others;
u. Failing to inform the authorities concerned
when afflicted with any communicable
disease, such as tuberculosis, sexually-
transmitted diseases, etc.;
v. Engaging in gambling or any game of
chance;
w. Committing any act which violates any law
or ordinance, in which case, he/she shall be
prosecuted criminally in accordance with law;
and
x. Committing any act prejudicial to good
order and discipline. Any personnel, especially
warden, found to be allowing and tolerating
any violation mentioned above will be
immediately relieved from his/her
designation without prejudice to his or her
being administratively charged.
-
Rules for granting GCTA, STAL, and preventive imprisonm
Pursuant to Section 7 of Republic Act
No. 10592 entitled as "An Act
Amending Articles 29, 94, 97, 98 and
99 of Act No. 3815, Otherwise Known
as The Revised Penal Code, As
Amended," the following
Implementing Rules and Regulation
(IRR) are hereby promulgated:
RULE I
GENERAL PROVISIONS
Section 1. Title.- These Rules shall be
referred to as the "Implementing Rules
and Regulations" of Republic Act No.
10592.
Section 2. Scope and
Application.- These Rules shall apply
to any prisoner, whether under detention
or convicted by final judgment, in a local
jail, rehabilitation or detention center or
in a penal Institution.
Section 3. Construction.- These Rules
shall be construed liberally in favor of a
detained or convicted prisoner.
Section 4. Prospective
Application. - Consideration that these
Rules provided for new procedures and
standards of behavior for the grant of
good conduct time allowance as
provided in Section 4 of Rule V hereof
and require the creation of a
Management, Screening and Evaluation
Committee (MSEC) as provided in
Section 3 of the same Rule, the grant of
good conduct time allowance under
Republic Act No. 10592 shall be
prospective in application.
The Grant of time allowance of study,
teaching and mentoring and of special
time allowance for loyalty shall also be
prospective in application as these
privileges are likewise subject to the
management, screening and evaluation
of the MSEC.
RULE II
OBJECTIVES
Section 1. Objectives. - The credit for
preventive imprisonment, as well as the
increase in the time allowance granted
for good conduct and exemplary
services rendered or for loyalty, seek to:
redeem and uplift valuable human
materials towards economic and social
usefulness;level the field of opportunity
by giving an increased time allowance to
motivate prisoners to pursue a
productive and law-abiding life; and
implement the state policy of restorative
and compassionate justice by promoting
the reformation and rehabilitation of
prisoners, strengthening their moral fiber
and facilitating their successful
reintegration in the mainstream of
society.
RULE III
DEFINITION OF TERMS
SECTION 1. Definition of Terms.- As
used herein, the following terms shall
mean:
"Act" - shall refer to Act No. 3815,
otherwise known as the Revised Penal
Code, as amended;
"Accused" - an offender who is under
detention and against whom a Criminal
Complaint or Prosecutor's Information
has been filed in a court law;
"BJMP" - Bureau of Jail Management
and Penology;
"BUCOR" - Bureau of Corrections
"Chief" - Chief of BJMP;
"Commitment Order" - a written order
of a court of law or any other competent
authority committing a person to jail or
prison for confinement;
"Convicted Prisoner" - a person who
has undergone trial and who has been
convicted by a final judgment by a court
of law or tribunal, for the felony or
offense he committed;
"Correctional Facility" - a prison or jail;
"Counsel" - a lawyer tasked or
requested to assist a detention prisoner
in explaining the provisions of Article 29
of the Revised Penal Code regarding
the benefit of credit for preventive
imprisonment;
"Destierro" - a penalty in which a
person shall not be permitted to enter
the place or places 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;
"Detainee" - an offender who is
accused before a court of law or
competent authority who is under
preventive imprisonment or temporarily
confined in jail or prison will undergoing
investigation or trial or awaiting final
judgment;
"Detainee's Manifestation" - a written
declaration of a detained prisoner, with
the assistance of a counsel, to abide by
the same disciplinary rules imposed
upon a prisoner for the purpose of
availing the full credit of the period of his
preventive imprisonment;
"Detainee's Waiver" - a written
declaration of a detained prisoner, with
the assistance of a counsel, stating his
refusal to abide by the same disciplinary
rules imposed upon a convicted by final
judgment and thus be entitled to a credit
of four-fifths (4/5) of the time during his
preventive imprisonment;
"Director - Director of the BUCOR;
"Felony" - an act or omssion defined
and penalized under the provisions of
the Revised Penal Code, as ameded;
"Good Conduct" - refers to the
conspicuous and satisfactory behaviour
of a detention or convicted prisoner
consisting of active involvement in
rehabilitation programs, productive
participation in authorized work activities
or accomplishment of exemplary deeds
coupled with faithful obedience to all
prison/jail rules and regulations;
"Good Conduct Time Allowance"
(GCTA) - a priviledge granted to a
prisoner, whether detained or convicted
by final judgment, entitling him to a
reduction of his jail or prison term for
every month of actual detention or
service of sentence as a reward for
good conduct and exemplary behavior;
"Habitual Delinquent" - a person who,
within a period of ten (10) years from the
date of release from prison or last
conviction of the crimes of serious or
less serious physical injuries, robbery,
theft, estafa, and falsification, is found
guilty of any of said crimes a third time
or oftener;
"Jail" - a detention or correctional
facility managed by the BJMP or the
local government unit mandated by law
to safekeep and rehabilitate a prisoner
who is under preventive imprisonment
or who is sentenced to not more than
three (3) years of imprisonment by order
of a court of law or competent authority;
"Offense" - a criminal act defined and
penalized by special law;
"Operations Manual" - also referred to
as "Manual of Operations", a document
of all pertinent issuances and laws
which deal with the administration and
management of jail or prison and the
treatment and discipline of a prisoner in
a detention or correctional facility;
Preventive Imprisonment" - is a
temporary confinement in jail or prison
while undergoing investigation or trial
awaiting final judgment;
"Prison" - any correctional facility
managed by the BUCOR to safekeep
and rehabilitate a prisoner convicted by
the final judgment, whose sentence
exceeds three (3) years, or who is
sentenced to serve two (2) or more
prison, terms and whose aggregated
sentences exceed three (3) years;
"Proper Authority" - shall refer either
to:
The Secretary of the Department of
Justice (for the BUCOR), or
The Secretary of the Department of the
Interior and Local Government (for the
BJMP), or
The Provincial Governor (for the
Provincial Jails).
"Recidivist" - a person who, at the time
of his trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced the same title
of the Revised Penal Code, as
amended.
"Special Time Allowance for Loyalty"
(STAL) - a privilege granted to a
prisoner, whether detained or convicted
by final judgment, who has evaded
preventive imprisonment or service of
sentence under the circumstances cited
in Article 158 of the Revised Penal
Code, as amended, and surrendered to
the authorities within forty-eight (48)
hours following the proclamation
announcing the passing away of the
calamity or catastrophe referred to in the
said article in the form of a deduction of
aa.
"Time Allowance for Study, Teaching
and Mentoring - a privilege granted to a
prisoner, whether detained or convicted
by final judgment, as a reward for
having earned a post-graduate degree
or college degree, a certificate of
completion of a vocational or technical
skills or values development course, a
high school or elementary diploma or to
one serving his fellow prisoner as
teacher or mentor while incarcerated,
equivalent to a deduction of a maximum
of fifteen (15) days for every month of
study or mentoring services; and
"Warden" - the head of the district,
municipal and city jails under the BJMP
or of the provincial and sub-provincial
jails under the Office of the Provincial
Governor.
RULE IV
THE BENEFITS OF CREDIT FOR
PREVENTIVE IMPRISONMENT (CP)
Section 1. Duty to Inform Detainees
of the Credit for Preventive
Imprisonment. - It shall be the duty of
the Chief of the BJMP, Jail Warden or
Director of the BUCOR having custody
of the detention prisoner to inform him
that the period of his preventive
imprisonment shall be deducted from
the term of his imprisonment in
accordance with Article 29 of the
Revised Penal Code, as amended.
Section 2. Who are Entitled. - An
accused who has undergone preventive
imprisonment shall be credited, either
full or four-fifths (4/5) term, for his actual
detention or service of his sentence,
provided he is not disqualified under
Article 29 of the Revised Penal Code, as
amended, and under the following
section.
Section 3. Who are Disqualified. - the
grant of credit of preventive
imprisonment shall not apply to the
following:
An accused who is a recidivist as
defined under Article 14 (9), Chapter III,
Book I of the Revised Penal Code.
An accused who has been convicted
previously twice or more times of any
crime; and An accused who, upon being
summoned for the execution of his
sentence, has failed to surrender
voluntary before a court of law.
Section 4. Effect of Detainee's
Manifestation. - An accused who has
undergone preventive imprisonment
shall be credited with the full time during
which he has undergone preventive
imprisonment if:
He agrees voluntarily, in writing, to
abide by the same disciplinary rules
imposed upon convicted prisoners; and
Such undertaking is executed with the
assistance of a counsel.
Section 5. Effect of Detainee's
Waiver.- An accused who has
undergone preventive imprisonment and
who does not agree to abide by the
same disciplinary rules imposed upon
prisoners convicted by final judgment
shall be credited in the service of his
sentence with four-fifth (4/5) of the time
during which he has undergone
preventive imprisonment if:
He shall do so in writing; and
With the assistance of counsel.
Section 6. Provisional Release While
Under Preventive Imprisonment. -
Whenever an accused has undergone
preventive for a period equal to the
imposable maximum imprisonment of
the offense charged to which he may be
sentenced and his case is not yet
decided, 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, except for the following: 1.
Recidivist
2. Habitual Delinquent
3. Escapee
4. Person charged with heinous crimes
If the maximum penalty to which the
accused may be sentenced
is destierro, he shall be released after
thirty (30) days of preventive
imprisonment.
The computation of preventive
imprisonment for purposes of immediate
release shall be the actual period of
detention with good conduct time
allowance: provided, however, that if the
accused is absent without justifiable
cause at any stage of the trial, the court
may motu proprio order the re-arrest of
the accused.
Section 7. GCTA of an Accused
Qualified for CPI. - An accused who is
qualified for credit for preventive
imprisonment shall also be qualified to
avail of the benefit of good conduct time
allowance provided for under Article 97
of the Revised Penal Code, as
amended, and pursuant to the
procedures laid down in Rule V hereof.
Section 8. Deduction for Credit for
Preventive Imprisonment when
Imposable Penalty is Reclusion
Perpatua. - Credit for preventive
imprisonment for the penalty of
reclusion perpetua shall be deducted
from thirty (30) years.
RULE V
GOOD CONDUCT TIME ALLOWANCE
(GCTA)
Section 1. Who are Entitled. - The
good conduct for the following shall
entitle them to the deductions describe
in Section 2 hereunder from their
sentence as good conduct time
allowance (GCTA) pursuant to Article 29
of the Revised Penal Code, as
amended, and to Sections 2 to 8 hereof;
A detention prisoner qualified for credit
for prevention imprisonment for his good
conduct and exemplary behavior; and
A prisoner convicted by the final
judgment in any other local jail for his
good conduct and exemplary behavior.
Section 2. Deductible Good Conduct
Time Allowance. - A qualified prisoner,
whether detained or convicted by final
judgment, shall be entitled to the
following deductions from his sentence
for good conduct; During the first two
years of imprisonment, he shall be
allowed a deduction of twenty days for
each month of good behavior during
detention ;During the third to the fifth
year, inclusive, of his imprisonment, he
shall be allowed a reduction of twenty-
three days for each month of good
behavior during detention; During the
following years until the tenth years,
inclusive of his imprisonment he shall be
allowed a reduction of twenty-three days
for each month of good behavior during
detention; and During the eleventh and
successive years of his imprisonment,
he shall be allowed a deduction of thirty
days for each month of good behavior
during detention.
Section 3. Management, Screening
and Evaluation Committee (MSEC) -
The Director of the BUCOR, Chief of the
BJMP and Wardens of various
provinces, cities, districts and
municipalities are mandated to assess,
evaluate and grant time deduction to a
deserving prisoner, whether detained or
convicted by final judgment, in the form
of GCTA, STAL and TASTM as
prescribed by these Rules through the
creation of the MSEC. The composition
of the MSEC shall be determined by the
Director of the BUCOR, Chief of the
BJMP or Wardens of Provincia; and
Sub-Provincial, District, City and
Municipal Jails, respectively.
Membership shall not be less than five
(5) and shall include a Probation and
Parole Officer, and if available, a
psychocologist and a social worker.
The MSEC shall prepare minutes of
every meeting to record each
proceeding.
Section 4. Procedures for the Grant
of Good Conduct Time Allowance. -
The following procedures shall be
followed in the grant of GCTA:
The BUCOR, BJMP and Provincial Jails
shall give special considerations to
satisfactory behaviour of a detention or
convicted prisoner consisting of active
involvement in rehabilitation programs,
productive participation in authorized
work activities or accomplishment of
exemplary deeds. It is understood that
in all instances, the detained or
convicted prisoner must faithfully obey
all prison/jail rules and regulations;
The BUCOR, BJMP and Provincial Jails
shall each create the MSEC or such
appropriate number of MSECs tasked to
manage, screen and evaluate the
behavior or conduct of a detention or
convicted prisoner;
After due consideration of the behavior
or conduct shown by a detained or
convicted prisoner, the MSEC shall then
recommend to the appropriate official
the appropriate GCTA that may be
credited in favor of said prisoner ranging
from the minimum of the allowable credit
to the maximum credit thereof;
Acting on the recommendation of the
MSEC, the appropriate official name in
Section 1 of Rule VII hereof shall either;
Approve the recommendation and issue
a certification granting GCTA to the
prisoner for the particular period;
Disapprove the recommendation if the
prisoner recommended is not qualified
to be granted the benefit or the errors or
irregularities attended the evaluation of
the prisoner; or
Return the recommendation, without
action, for corrections as regards the
name, prison number or other clerical or
inadvertent errors, or for the furhter
evaluation of the conduct or behavior of
the prisoner concerned.
The approriate official concerned shall
ensure that GCTAs are processed each
month and that there is proper recording
of a prisoner's good behavior in the jail
or prison records.
Section 5. Computer Template and
Manual. - The BUCOR, BJMP and
Provincial Jails shall design and use a
computer-generated or automated
template to monitor the progress of
detainees or prisoners convicted by final
judgment capable of incorporating time
allowances that may be granted to each
of them. In addition, a written
computation table or manual of
preventive imprisonment or service of
sentence incorporate time allowances
shall be prepared and used as the
primary official reference by the
BUCOR, BJMP and Provincial Jails.
Section 6. Time Allowance for Study,
Teaching and Mentoring (TASTM) - At
any time during the period of
imprisonment, an accused or prisoner
convicted by final judgment shall be
allowed, in addition to the benefits
provided for under Section 2, Rule V,
another deduction of fifteen (15)
days, for each month of his time
rendered for - Study; Teaching; or
Mentoring service
Section 7. Procedures for the Grant
of TASTM. –
The BUCOR, BJMP and Provincial Jails
shall each keep a master list of
detainees or prisoners convicted by final
judgment, who have been allowed,
subject to their respective jail or prison
rules, to study, teach or perform
mentoring activities within their
respective detention or prison facility;
The MSEC shall be tasked to monitor
and certify whether said prisoner, for the
period covered, has actually studied,
taught or performed mentoring duties;
If a prisoner is qualified, the MSEC shall
recommend to the concerned officials
the grant of TASTM who shall approve
the same by issuing a corresponding
certification.
Section 8. Effect When Case of an
Accused is on Appeal. - An appeal by
the accused shall not deprive him of his
entitlement to the time allowances.
RULE VI
SPECIAL TIME ALLOWANCE FOR
LOYALTY
(STAL)
Section 1. Special Time Allowance for
Loyalty. -
A deduction of one-fifth (1/5) of the
period of his sentence shall be granted
to any prisoner who, having evaded his
preventive imprisonment or the service
of his sentence under the circumstances
mentioned in Article 158 of the Revised
Penal Code, gives himself up to the
authorities within forty-eight (48) hours
following the issuance of a proclamation
announcing the passing away of the
calamity or catastrophe referred to in
said article.
A deduction of two-fifths (2/5) of the
period of his sentence shall be granted
in case said prisoner chose to stay in
the place of his confinement
notwithstanding the existence of a
calamity or catastrophe enumerated in
Article 158 of the Revised Penal Code.
Provided, that he has not committed
other offense or any act in violation of
the law or the Act.
RULE VII
PARTIAL EXTINCTION OF CRIMINIAL
LIABILITY
Section 1. Partial Extinction of
Criminal Liability. - Criminal liability is
extinguished partially;
By conditional pardon;
By commutation of sentence; and
For good conduct allowances which the
culprit may earn while he is undergoing
preventive imprisonment or serving
sentences.
RULE VIII
OFFICIALS AUTHORIZED TO GRANT
TIME ALLOWANCES
Section 1. Who Grants Time
Allowances. - Whenever lawfully
justified, the following official shall grant
allowances for good conduct:
Director of the Bureau of Corrections;
Chief of the Bureau of Jail Management
and Penology; and/or
Warden of a Provincial, District, City of
Municipal Jail.
Section 2. Irrevocability of Time
Allowances. - Allowances such as
GCTA, TASTM and STAL, one granted
by the authorized official, shall not be
revoked.
RULES IX
OPERATION MANUAL
Section 1.Manual. - The BUCOR, the
BJMP and the Provincial Jails shall
provide and each have their own new
manual to guide them in the effective
implementation and carry out the
mandate of Republic Act No. 10592 and
these Rules.
RULE X
FINAL PROVISION
Section 1.Penal Clause. - Faithful
compliance with the provisions of
Republic Act No. 10592 and these
Rules is mandated. The penalty of one
(1) year imprisonment, a fine of One
Hundred Thousand Pesos
(P100,000.00) and perpetual
disqualification to hold office shall be
imposed against any public officer or
employee who violates the provisions of
the Rule.
Section 2.Separability Clause. - If any
provision of these Rules shall be
declared invalid or unconstitutional, the
remaining provisions not otherwise
affected shall remain valid and
subsisting.
Section 3.Repealing Clause. - All
policies, issuances, rules and
regulations inconsistent with these
Rules are hereby modified or repealed
accordingly.
Section 4.Effectivity Clause. - These
Rules shall take effect fifteen (15) days
after the date of its publication in a
newspaper of general circulation in the
Philippines.
b. Non-Institutional Corrections (12 ITEMS)
Parole and probation administration
omnibus rules on probation methods and
procedures,✅
PAROLE AND PROBATION ADMINISTRATION
OMNIBUS RULES ON PROBATION METHODS
AND PROCEDURES
Pursuant to the authority vested by law on
the Secretary of Justice, the following
Implementing Rules and Regulations are
hereby promulgated according to the
provisions of Section 19 (d) and 6 of
Presidential Decree (PD) No. 968, the
Probation Law of 1976, embodied in Sections
23 - 25, Chapter 7, Title III, Book IV, Executive
Order No. 292, otherwise known as the
Administrative Code of 1987.
GENERAL PROVISIONS
Section 1. Title. - These Rules shall be known
and cited as the "Parole and Probation
Administration Omnibus Rules on Probation
Methods and Procedures" or, for brevity,
"Probation Rules" or simply "Rules".
Section 2. Policy Objectives and Declared
Purposes. - These Rules are adopted to carry
out the purposes of PD 968, as follows:
to promote the correction and rehabilitation
of an offender by providing him with
individualized community based treatment;
to provide an opportunity for his reformation
and re-integration into the community; and
to prevent the commission of offenses.
Section 3. Liberal Construction - These Rules
shall be liberally construed so as to
successfully, efficiently, and effectively
implement, carry out and effectuate the social
justice spirit, intent, and rationale or,
summarily, the "spirit and intent", of the
Probation Law, and the pertinent provisions
of the Administrative Code of 1987, and the
policy objectives and declared purposes of
these Rules, in line with the well-settled social
justice orientation of the 1987 Constitution.
In the event of doubt, or conflict, the spirit
and intent of the Probation Law and these
Rules shall prevail over the letter or literal
provisions thereof, considering that they
partake of social legislation and are special
laws in nature and character.

Section 4. Definition of Terms. - As used in
these Rules, unless the context provides
otherwise, the following terms shall be
construed, thus:
"Probation" - a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
Trial Court and to the supervision of a
Probation Officer;
"Petitioner" - a convicted defendant who files
an application for probation;
"Probationer" - a person who is placed under
probation;
"Probation Officer" - public officer like the
Chief Probation and Parole Officer
(CPPO), Supervising Probation and Parole
Officer (SPPO), Senior Probation and Parole
Officer (SrPPO), Parole and Probation Officer II
(PPOII), or Parole and Probation Officer I
(PPOI), who investigates for the Trial Court a
referral for probation or supervises a
probationer or does both functions and
performs other necessary and related duties
and functions as directed;
"Trial Court" - refers to the Regional Trial
Court (RTC) of the Province or City/Municipal
Court which has jurisdiction over the case;
"Probation Office" - refers either to the
Provincial or City Probation Office directed to
conduct investigation or supervision referrals
as the case may be;
"Probation Order"
- order of the trial court granting probation.
The appearance of the above-mentioned
Parole and Probation Administration (PPA)
officials, upon written invitation or order of
the Trial Court, may be on issues on probation
services only not on legal questions, the latter
issue being within the province of the courts
to decide or resolve.
Section 5. Amicus Curiae - Upon written
invitation by the Trial Court, the Administrator
and/or Deputy Administrator, for the Agency
Level, Regional Director, for the Regional
Level, Chief Probation and Parole Officers for
the City or Provincial Level may appear as
amicus curiae on any probation investigation
and supervision issue, concern or matter.
Application for probation,✅
Section 6. Filing. - Application for probation
shall be filed with the Trial Court which has
jurisdiction over the case.
Section 7. Time for Filing. - The applicant shall
file his application with the Trial Court at any
time after conviction and sentence but within
the period for perfecting his appeal as
provided by the Rules of Court.
Section 8. Form. - The application for
probation shall be in the form approved by
the Secretary of Justice as recommended by
the Administrator or as may be prescribed by
the Supreme Court. Official application form
or Xerox copy of the same may be obtained or
secured from any City or Provincial Parole and
Probation Office for free.
Section 9. Notice to the Prosecuting Officers
of the Filing of the Application. - The Trial
Court may notify the concerned Prosecuting
Officer of the filing of the application at a
reasonable time it deems necessary, before
the scheduled hearing thereof.
Section 10. Comment. - The Prosecuting
Officer may submit his comment(s), if any, on
the application within a reasonable time given
to him by the Trial Court from his receipt of
the notice to comment.
Section 11. Referral to Proper Probation
Office. - If the Trial Court finds that the
application is in due form and the applicant
appears to be qualified for the grant of
probation, it shall order the City or Provincial
Parole and Probation Office within its
jurisdiction to conduct a Post-Sentence
Investigation (PSI) on the applicant and
submit the Post-Sentence Investigation
Report (PSIR) within sixty (60) days from
receipt of the order of said court to conduct
such investigation with findings and
recommendation as stated in PD 968, as
amended.
Section 12. Docket Book. - All court orders for
PSI, copies of which were received by the
Probation Office, shall be numbered
consecutively in the order received by said
Office and recorded in its Docket Book for the
purpose, indicating therein, among others,
the date of receipt thereof, court, its branch
and address, applicant's name, criminal case
number, description/designation of the
offense, penalty imposed, and other related
data and information.
Corollary to this, the Trial Court may direct
the applicant to report to the proper
Probation Office within seventy-two (72)
hours from his receipt of such order.
Section 13. Effects of Filing and Receipt. -
The Trial Court may, upon receipt of the
application filed, suspend the execution of the
sentence imposed in the judgment.
Pending the submission of the PSIR (PPA Form
3) and the resolution on the application, the
applicant may be allowed on temporary
liberty under his bail filed in the criminal case:
Provided, That, in case where no bail was filed
or the applicant is incapable of filing one, the
trial court may allow the release of the
applicant on recognizance to the custody of a
responsible member of the community who
shall guarantee his appearance whenever
required by the trial court.
Post-sentence investigation, and post-
sentence investigation report✅
POST-SENTENCE INVESTIGATION
Section 14. Assignment. - After receipt from
the Trial Court, the City or Provincial Parole
and Probation Office concerned, through the
CPPO shall assign the same to the office clerk
for docketing and eventual assignment to a
subordinate investigating Probation Officer
for the conduct of the PSI or conduct such
investigation himself.
Section 15. Initial Interview Work Sheet:
Waiver. -
Within five (5) working days from receipt of
said delegated assignment (or self
-assignment), the investigating Probation
Officer on case (or Chief Probation and Parole
Officer) shall initially interview the applicant if
he appeared in the Probation Office upon
response to the seventy-two (72) hours
limitation given to him by the Trial Court. If
not, the Probation Officer on case may write
the applicant in his court given address, or
personally visit applicant's place to schedule
an initial interview at the Probation Office.
During such initial interview, the Probation
Officer on case or CPPO shall require the
applicant to accomplish and sign a Post-
Sentence Investigation Work Sheet (PPA
Form)
1). The investigating Probation Officer on case
or CPPO shall conduct further investigation
based on the information contained therein.
A Waiver-Cum-Authorization (PPA Form 2),
authorizing the PPA and/or the Probation
Office to secure any and all information on
the applicant, shall be duly executed and
signed by him.
Section 16. Scope and Extent. - After
accomplishing the Post-Sentence
Investigation Work Sheet and the Waiver-
Cum-Authorization, the same shall be
immediately submitted to the Probation
Office. The investigating Probation Officer on
case or CPPO shall conduct a thorough
investigation on the antecedents, mental and
physical condition, character, socio-economic
status, and criminal records, if any, of the
applicant and the institutional and community
resources available for his rehabilitation.
In case applicant has a criminal record(s), such
should be verified with the proper
government agencies) as to its
disposition/resolution which has/have to be
properly reflected in the PSIR.
For the sake of obtaining additional
information or clarify conflicting data, the
investigating Probation Officers on case may
conduct further investigation and interview to
avoid discrepancies of facts/information.
The investigating Probation Officer on case or
CPPO shall assess and recommend or
prescribe the suitable probation treatment
and supervision program upon the applicant,
if granted probation.
Section 17. Collateral Information. - During
the conduct of the PSI, collateral information
must be gathered from those persons who
have direct personal knowledge of the
applicant, offended party, family member,
and/or their relatives, including barangay
officials and disinterested persons.
Section 18. Subsequent or Further
Interviews. - To obtain additional data,
counter check, or clarify discrepancy/ies
between the information received from the
applicant and those secured from other
sources, the Investigating Probation Officer on
case or CPPO may conduct subsequent or
further interviews on the applicant and/or
other persons as deemed appropriate.
Section 19. Nature of Interview. - The data
and information gathered from the interview
of the applicant and/or other persons and
from other collateral informants, as well as
law enforcement agencies, shall be strictly
privileged and confidential in nature.
During such interview and information-
gathering processes, the applicant does not
necessarily need to be represented and
assisted by counsel.
Section 20. Confidentiality of Post-Sentence
Investigation Information. - The investigating
Probation and Parole Officer on case or CPPO
shall inform the applicant of the confidential
nature of the information taken during the PSI
and the limited scope and extent,
whereby said information, may be disclosed
only to some statutorily designated
authorities and entities pursuant to Section 17
of PD 968, as amended, and Section 64 of
these Rules.
Section. 21. Absconding Applicant. – If the
applicant whose application for probation has
been given due course by the proper court
has failed to present himself/herself to the
proper Office within seventy-two (72) hours
from his/her receipt of the Probation Order or
within reasonable time therefrom, said Office
shall first exert best diligent efforts to inquire
on, search, find and locate his/her
whereabouts before it shall report such fact
with appropriate recommendation to the
proper court, considering the surrounding
circumstances of place, date and time, his/her
health condition and other related factors.
POST- SENTENCE INVESTIGATION REPORT
Section 22. Submission. - After the
completion of the PSIR (PPA Form 3), the
Probation Office shall submit such PSIR to the
Trial Court within the period prescribed in
Section 7 of the Probation Law of 1976, as
amended, or within the period ordered by the
Trial Court.
Section 23. Purpose. - The PSIR aims to
enable the Trial Court to determine whether
or not the ends of justice and the best interest
of the public primarily, as well as that of the
applicant, would be served by the grant or
denial of the application.
Section 24. Contents. - (a) The PSIR shall
contain, among others, the following:
Circumstances surrounding the crime or
offense for which the applicant was convicted
and sentenced, taken from the applicant
himself, offended party and others, who
might have knowledge of the commission of
the crime or offense, and pertinent
information taken from the police and other
law enforcement agencies, if any, and Trial
Court records;
Details of other criminal records, if any;
personal circumstances, educational,
economic and socio-civic data and
information about the applicant;
characteristics of applicant, employable skills,
employment history, collateral information;
evaluation and analysis of the applicant's
suitability and legal capacity for probation and
his potential for rehabilitation, reform,
development, transformation and re-
integration into the community;
recommendation to: (A) grant the application,
including probation period, probation
conditions and probation treatment and
supervision plan/program; or (B) deny the
application;
data and information on the applicant's
financial condition and capacity to pay, his
civil liability, if any;
results of findings of drug, psychological and
clinical tests conducted, if any;
results of criminal records, if any, whether
decided or still pending furnished by various
law enforcement agencies tapped by the
Probation Office for such purpose;
result(s) of courtesy investigation, whether
GCI/FBCI or PGCI (See Sec. 27 of these Rules),
if any, conducted in the birth place or place of
origin of applicant especially if he plans to
reside thereat while on probation, if ever his
application will be granted; andother
analogous and related matters.
(b) to obtain additional data or clarify
discrepancies between the information
received from the applicant and those
secured from other sources, the investigating
Probation Officer and/or Chief Parole and
Probation Officer may conduct such
subsequent or further interviews on the
applicant and/or other persons as may be
deemed proper and necessary.
Section 25. Nature of Recommendation. -
The entire PSIR submitted to the Trial Court is
recommendatory in nature and the final
recommendation contained on the last page
of the PSIR is persuasive in character
addressed to the sound discretion of the Trial
Court considering that the denial or grant of
probation is a judicial function.
Section 26. Signatories. - The PSIR shall, as a
rule be prepared by the investigating
Probation Officer on case and approved by
the CPPO. Both shall initial each and all the
pages thereof, except the last page on which
they shall affix their respective signatures.
Full-blown courtesy investigation and
transfer of conduct of referral investigation,✅
FULL BLOWN COURTESY INVESTIGATION AND
TRANSFER OF CONDUCT OF REFERRAL
INVESTIGATION
Section 27. Its Nature and Coverage. - Full
Blown Courtesy Investigation (FBCI) is a
General Courtesy Investigation (GCI) from
another City or Provincial Parole and
Probation Office which requests for a
complete PSIR on a petition for probation
pending referral investigation in the Probation
Office of origin.
It shall take place when upon initial
investigation it is gathered that,
Applicant for probation is a transient offender
in the place of commission of the crime
and/or a permanent resident of another
place;
He spent his pre-adolescent and/or
adolescent life in the province or city of
origin;
He attended and/or finished his education
thereat; and
His immediate family members, collateral
informants or disinterested persons and
officials who can best authenticate the inter-
family relationship, upbringing, behavior of
the applicant for probation in the community
are residents of the place of his origin.
Section 28. Transfer of Referral Investigation.
- When proper under the immediately
preceding section and warranted under the
circumstances, a FBCI, may be brought to the
attention of the Trial Court to transfer the
conduct of the referral investigation to the
Probation Office of the province or city of
origin of applicant for probation.
Section 29. Transfer to the Executive Judge. -
In case of the suitability for probation of the
applicant for probation, it shall be
recommended in the PSIR by the Probation
Office, that simultaneous with the grant of
probation, the control over the applicant and
his probation rehabilitation program be
transferred to the Honorable Executive Judge
of the RTC of the Province or City of origin
subject to the actual visitation and
supervision of the Probation Officer of said
province or city.
Section 30. General Courtesy Investigation. -
All other General Courtesy Investigation (GCI)
mentioned in the three (3) preceding sections
not falling within the purview of a FBCI to be
conducted by another Probation Office shall
be known as Partial Courtesy Investigation
(PCI) which should no longer be brought to
the attention of the Trial Court for the
transfer of the conduct of the referral
investigation as mentioned in Sec. 27 of these
Rules.
To facilitate immediate and thorough
investigation of cases, and to save time, effort
and money on the part of the investigating
SPPOs, Sr. PPOs, PPOs II, PPOs I, the GCI which
is usually undertaken outside the area of a
Probation Office's jurisdiction (i.e from Manila
to Valenzuela, from Manila to Quezon City,
from Manila to Marikina, etc. and vice-versa)
shall henceforth, be resorted to, considering
the monstrous traffic nowadays.
Probation order,✅
Section 31. Period to Resolve the Application
for Probation. - The application for probation
shall be resolved by the Trial Court not later
than fifteen (15) days from the date of its
receipt of the PSIR.
Section 32. Nature of Probation: Effect of the
Grant of Probation. –
Probation is but a mere privilege and as such,
its grant or denial rests solely upon the sound
of discretion of the Trial Court. After its grant
it becomes a statutory right and it shall only
be canceled or revoked for cause and after
due notice and hearing.
The grant of probation has the effect of
suspending the execution of sentence. The
Trial Court shall order the release of the
probationer's cash or property bond upon
which he was allowed temporary liberty as
well as release the custodian on ROR from his
undertaking.
Section 33. Effectivity of Probation Order. – A
probation order shall take effect upon its
issuance, at which time the court shall inform
the offender of the consequence thereat and
explain that upon his failure to comply with
any of the conditions prescribed in the said
order or his commission of another offense
under which he was placed on probation.
Upon receipt of the Probation Order granting
probation the same shall be entered in a
Docket Book for proper recording.
An order of denial shall be docketed as well.
Section 34. Finality. - The Order of the court
granting or denying probation shall not be
appealable.
Terms and conditions of probation,✅
TERMS AND CONDITIONS OF PROBATION
Section 35. Mandatory Conditions. - A
Probation order shall require the probationer:
to present himself to the Probation Office for
supervision within 72 hours from receipt of
said order; and
to report to the assigned SPPO, SrPPO, PPOII
or PPOI on case at least once a month during
the period of probation at such time and
place as may be specified by the Probation
Office.
Section 36. Other Conditions. - The Probation
order may also require the probationer, in
appropriate cases, to:
cooperate with his program of probation
treatment and supervision;
meet his family responsibilities;
devote himself to a specific employment and
not to change said employment without prior
written approval of the CPPO;
undergo medical, or psychological, or clinical,
or drug or psychiatric examinations and
treatment and remain in a specified
institution, when required for that purpose;
comply with a program of payment of civil
liability to the offended party or his heirs,
when required by the Trial Court as embodied
in its decision or resolution;
pursue a prescribed secular study or
vocational training; attend or reside in a
facility established for instruction, recreation
or residence of persons on probation;
refrain from visiting houses of ill - repute;
abstain from drinking intoxicating beverages
to excess;
permit the Supervising Probation Officer on
case or an authorized social workers to visit
his home and place of work;
reside at premises approved by the
Trial Court and not to change his residence
without prior written approval of said court;
and/or
satisfy any other conditions related to his
rehabilitation into a useful citizen which is not
unduly restrictive of his liberty or
incompatible with his freedom of conscience.
Section 37. Indemnification. – (Please see
“Guidelines on Payment of Civil Liability”,
Annex “30”, p. 253) Payment for civil liability
shall be done using the following modes:
Payment can be given to the Clerk of Court of
the Trial Court, who will in return hand over
the sum to the victim who shall issue a
corresponding receipt; a copy of which should
be given by the probationer to the Probation
Office in order to monitor such payment;
Payment may be deposited by the
probationer to the victim’s account where the
bankbook is kept at the Probation Office to be
given to the victim for his proper disposition;

Payment can be effected directly to the victim
and the receipt must be filed in the
supervision record of the probationer kept at
the Probation Office.
Further, that the practice of giving the
payment to the Supervising Probation Officer
on case (or the CPPO) to be remitted to the
victim, although with receipts, should be
highly discouraged and discontinued
outrightly.
Supervision of probationers,✅
Section 38. Purpose. - The primary purposes
of probation supervision are:
to ensure the probationer's compliance with
the probation conditions specified in the
Probation Order and the prescribed probation
treatment and supervision program/plan;
to manage the process of the probationer's
rehabilitation and re-integration into the
community; and
to provide guidance for the probationer's
transformation and development into a useful
citizen for his eventual reintegration to the
mainstream of society.
Section 39. Commencement of Supervision
Service. - For purposes of these Rules,
supervision service shall commence on the
day of initial interview or reporting of a
probationer. Such fact shall be duly noted in
the case notes of the client.
Section 40. Initial Report.-
Upon the probationer's appearance for his
initial supervision, the Supervising Probation
Officer on case, or CPPO himself shall:
give instructions to the client using PPA Form
4 in order to reinforce probationer’s
awareness of the probation conditions
specified in the Probation Order in a language
or dialect understood by him;
formulate with the client, the supervision
treatment plan; and
carry out other related activities
Upon receipt of a copy of PPA Form No. 4,
and a copy of the Probation Order on a
particular probationer the Probation Office
through the CPPO shall immediately assign
the probation supervision case to his
subordinate Probation Officer.
In the event that the probationer does not
report for initial supervision within the
prescribed period after the Probation Order
has been released by the Trial Court, or his
whereabouts are unknown, the Probation
Officer shall exert his best efforts to find said
probationer and conduct such field inquiry as
is necessary within a reasonable period of
time, before considering the fact that the
subject has absconded amounting to a
violation of a probation condition, requiring
the preparation and submission of a Violation
Report (PPA Form 8) to the Trial Court.
Section 41. Outside Travel. –
A Probation Officer may authorize a
probationer to travel outside his area of
operational/territorial jurisdiction for a period
of more than ten (10) days but not exceeding
thirty (30) days.
A Probationer who seeks to travel for up to
thirty (30) days outside the
operational/territorial jurisdiction of the
Probation Office shall file at least five (5) days
before the intended travel schedule a Request
for Outside Travel (PPA Form 7) with said
Office properly recommended by the
Supervising Probation Officer on case and
approved by the CPPO.
If the requested outside travel is for more
than thirty (30) days, said request shall be
recommended by the CPPO and submitted to
the Trial Court for approval.
Outside travel for a cumulative duration of
more than thirty (30) days within a period of
six (6) months shall be considered as a
courtesy supervision.
Section 42. Change of Residence: Transfer of
Supervision. –
A Probationer may file a Request for Change
of Residence (PPA Form 24) with the City or
Provincial Parole and Probation Office, citing
the reason(s) therefore this request shall be
submitted by the Supervising Probation Office
for the approval of the Trial Court.
In the event of such approval, the supervision
and control over the probationer shall be
transferred to the concerned Executive Judge
of the RTC, having jurisdiction and control
over said probationer, and under the
supervision of the City or Provincial Parole
and Probation Office in the place to which he
transferred.
Thereafter, the Executive Judge of the RTC to
whom jurisdiction over the probationer is
transferred shall have the jurisdiction and
control with respect to him which was
previously possessed by the Court which
granted probation.
The receiving City or Provincial and Parole and
Probation Office and the receiving court shall
be duly furnished each with copies of the
pertinent Probation Order, PSIR (PPA Form 3),
and other investigation and supervision
records by the sending Probation Office for
purposes and in aid of continuing effective
probation supervision treatment over said
probationer.
Section 43. Absconding Probationer. –
(a) A probationer who has not reported for
initial supervision within the prescribed
period and/or whose whereabouts could not
be found, located or determined despite best
diligent efforts within reasonable period of
time shall be declared by the proper Office as
an absconding probationer.
(b) Thereafter said Office shall file with the
proper court a Violation Report (PPA Form 8),
containing its findings and recommendation,
duly prepared and signed by the Supervising
Parole and Probation Officer and duly noted
by the Chief Parole and Probation Officer.
Section 44. Modification or Revision of
Probation Conditions. –
During the probation supervision period, the
Trial Court may motu proprio or, upon motion
by the City or Provincial Parole and Probation
Office or by the probationer or his lawyer.
Section 45. Effectivity and Finality of
Modified or Revised Probation Order. –
The Trial Court may modify or revise the
Probation Order which shall become effective
and final upon its promulgation and receipt
thereof by the probationer, unless specified
otherwise by said Order.
Violation of probation condition,✅
Section 46. Concept. - A probationer's specific
act and/or omission(s) constitutive of a
violation of probation condition(s) set forth in
the original, modified or revised Probation
Order shall be reported to the Trial Court,
taking into account the totality of the facts
and surrounding circumstances and all
possible areas of consideration.
Section 47. Fact-Finding Investigation. -
Based on reasonable cause reported by a
reliable informant or on his own findings, the
SPPO, SrPPO, PPOII, PPOI concerned or the
CPPO himself shall conduct or require the
Supervising Probation Officer on case to
immediately conduct a fact-finding
investigation on any alleged or reported
violation of probation condition(s) to
determine the veracity and truthfulness of the
allegation.
Section 48. Report: Violation of Condition. -
After the completion of the fact-finding
investigation, the Supervising Probation
Officer on case shall prepare a violation report
thereon containing his findings and
recommendations and submit the same to
the CPPO for review and approval.
In some cases, a probationer who has not
reported for initial supervision within the
seventy-two (72) hours from his receipt of the
Probation Order or within the prescribed
period ordered by the Trial Court or whose
whereabouts could not be ascertained
notwithstanding best efforts exerted within a
reasonable period of time by the City and
Provincial Parole and Probation Office shall be
immediately reported to the Trial court for
appropriate action.
Thereafter, said Parole and Probation Office
shall file with the trial court a Violation Report
(PPA Form 8), containing its findings and
recommendation, duly prepared and signed
by the SPPO, SrPPO, PPOII, PPOI concerned
and duly noted by the CPPO for the court's
resolution.
Section 49. - Violation Report. Its Contents:
Signatories and Submission to Trial Court. -
The Violation Report shall include, among
others, the following:
i) accurate and complete statement of the
facts and surrounding circumstances,
including but not limited to the:
nature, character and designation of the
violation;
specific acts and/or omissions constitutive of
the violation;
place, date and time of commission or
omission;
statements or affidavits of apprehending
officers and offended parties and other
related data and information.
probationer's response, explanation and
clarification duly sworn to before a notary
public and other supporting testimonial,
documentary and objective evidence;
findings, assessment and recommendation of
the Probation Office.
The Violation Report shall be prepared and
signed by the SPPO, SrPPO, PPOII or PPOI
concerned and approved and signed by the
CPPO.
Section. 50. Arrest of Erring Probationer. -
After having duly considered the nature and
gravity of such reported violation based on
the submitted Violation Report, the Trial
Court may issue a warrant for the arrest of
the probationer for serious violation of his
probation condition.
Section 51. Hearing of the Violation of
Probation. - Once arrested and detained, the
probationer shall immediately be brought
before the Trial Court for a hearing of the
violation charged.
In the hearing which shall be summary in
nature, the probationer shall have the right to
be informed of the violation charged and to
adduce evidence in his favor.
The court shall not be bound by the technical
rules of evidence, but may inform itself of all
the facts which are material and relevant to
ascertain the veracity of the charge.
The probationer may be admitted to bail
pending such hearing. In such case, the
provisions regarding release on bail of
persons charged with the crime or offense
shall be applicable to probationers arrested
under this provision.

Section 52. Disposition: Effect of Revocation:
Remedy. –
After a serious violation of a probation
condition has been established in the hearing,
the Trial Court may order the continuance of
the probationer's probation or modification of
his probation conditions or revoke his
probation whichever is proper and just under
in judicial discretion.
If the probation period has been revoked, the
Trial Court shall order the probationer to
serve the sentence originally imposed in the
judgment of his case for which he applied for
probation.
A court order modifying the probation
conditions as in Sec. 44 of these Rules or
revoking probationer's probation shall not be
appealable. However, it may be correctable
by certiorari under the Rules of Court.
Section 53. Right to Counsel. - In the hearing
or proceeding for violation of probation
conditions, the probationer shall have the
right to counsel of his own choice.
Section 54. Representation for the State. -
For the Prosecution of serious violation of
probation condition(s), during said hearing or
proceeding, the State shall be represented by
the proper prosecuting officer.
Early termination, and probation aides,✅
Section 55. Coverage. - The following
probationers may be recommended for the
early termination of their probation period:
Those who are suffering from serious physical
and/or mental disability such as deaf- mute,
the lepers, the crippled, the blind, the senile,
the bed-ridden, and the like;
Those who do not need further supervision as
evidenced by the following:
Consistent and religious compliance with all
the conditions imposed in the order granting
probation;
Positive response to the programs of
supervision designed for their rehabilitation;
Significant improvements in their social and
economic life;
Absence of any derogatory record while
under probation;
Marked improvement in their outlook in life
by becoming socially aware and responsible
members of the family and community; and
Significant growth in self-esteem, self-
discipline and self-fulfillment;
Provided, that, the probationers involved
have already served one-third (1/3) of the
imposed period of probation; and provided
further, that, in no case shall the actual
supervision period be less than six (6) months.
Those who have:
To travel abroad due to any of the following:
An approved overseas job contract or any
other similar documents; or
An approved application for scholarship,
observation tour or study grant for a period
not less than six (6) months; or
An approved application for immigration.
An approved application to take the Bar and
Board Examinations.
To render public service
Having been elected to any public office; or
Having been appointed to any public office.
Provided, however, that the probationers
involved have fully paid their civil liabilities, if
any.
And, that the probationers were not
convicted for offenses involving moral
turpitude.
Other probationers who have fully
cooperated with/participated in the programs
of supervision designed for their
rehabilitation and who are situated under
conditions/circumstances similar in nature to
those above-described at the discretion of the
proper authorities.
Section 56. Procedure. - In the first year of
implementation, the following steps shall be
observed to effect the early termination of
probation:
The Supervising Probation Officer on case
who exercises direct supervision over the
probationer shall prepare the motion for the
modification of probation, i.e., early
termination addressed to the Court which has
control and supervision over the probationer
concerned in accordance with Section 12 of
the Probation Law of 1976, as amended. The
motion shall bear the approval of the head of
the City or Provincial Parole and Probation
Office without prejudice to the latter taking
the initiative for preparing said motion.
The motion shall thereafter be forwarded for
review and clearance to the Regional Director
who shall act on said motion within a period
of three (3) days after receipt of the same.
Should the motion be approved by the
Regional Director, the Supervising Probation
Officer on case shall file the same with the
Trial Court within two (2) days after receipt
thereof.
Should the said motion be disapproved, the
same shall be filed in the supervision case
file/record of the probationer for future
reference.
Should the motion be approved by the Trial
Court, the procedure for termination, due to
successful completion of probation specified
in the Rules shall apply.
Revised rules and regulations of the boards
of pardons and parole,✅
Executive clemency,✅
FORMS OF COMMUNITY-BASED
CORRECTIONS
Executive Clemency - the power of a
President in state convictions, to pardon a
person convicted of crime, commute the
sentence, or reduce it from death to another
lesser sentence. Section 19 of Article VII of the
1987 Philippine Constitution authorizes the
President of the Republic of the Philippines to
grant not only pardon but also reprieve,
commutation of sentence, remission of fines
and forfeitures, and amnesty.
Types of Clemency
A. Pardon - An act of executive clemency by a
head of state for the purpose of exempting an
individual from the punishment imposed
upon him by a court of law.
- It is an act of grace, and the recipient is not
entitled to it as a matter of right.
- Granted only after final conviction.
Kinds of Pardon
1. Absolute Pardon - granted by the Chief
Executive without any conditions attached.
Absolute pardon totally extinguishes the
criminal liability but not the right of the
offended party to enforce the civil liability
against the offender.
2. Conditional Pardon- It is conditional when
it is granted by the Chief Executive subject to
the conditions imposed on the recipient and
accepted by him. Usually, the person granted
with conditional pardon has served a portion
(at least ½ of the maximum of his
indeterminate sentence) of his sentence in
prison.
B. Commutation of Sentence
It is a change of the decision of the court
made by the Chief Executive by reducing the
degree of the penalty inflicted upon the
convict, or by decreasing the length of the
imprisonment of the original sentence.
Purposes of Commutation
1. To break the rigidity of law.
2. To extend parole in cases where the parole
law does not apply.
3. To save the life of a person sentenced to
death.
What specific cases may be granted?
- When the convict sentenced to death is over
70 years of age;
- When justices of the Supreme Court failed to
reach a decision for the affirmation of the
death penalty;
C. Reprieve
Reprieve is a temporary stay of the execution
of a sentence. It can only be exercised by the
President when the sentence has become
final. Generally, reprieve is extended to death
penalty prisoners. The date of the execution
of the sentence is set back several days to
enable the Chief Executive to study the
petition of the condemned man for the
commutation of sentence or pardon.
Limitations of the Pardoning power of the
President
● It may not be exercised for offenses in
impeachment cases (Art. VII, Sec. 10, Par. 2,
Constitution of the Philippines)
● It may be exercised only after conviction by
final judgment;
● It may not be exercised over civil contempt
(as for refusing to answer a proper question
as a witness in a case);
● In case of violation of election law or rules
and regulations, no pardon, parole, or
suspension of sentence may be granted (Art.
IX, Sec. 5, Par. C, The Commission on
Election).
● It cannot be exercised to violate tax laws
Processes, Petition or Application and the
Grant of Pardon
A petition for parole/executive
clemency shall state the name of the prisoner,
his age, previous criminal record, if any,
whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and
date of naturalization, his previous
occupation, place of residence, present crime
for which he was convicted, the
trial/appellate court, his penalty of
imprisonment, fine, indemnity and the
commencing date thereof, the jail or prison to
which he was committed and/or where he is
presently confined, the date he was received
for confinement, the grounds upon which
executive clemency is being asked and
certification from the trial court that his case
is not on appeal.
In addition to the above-mentioned
data, a petition for absolute pardon shall be
under oath and shall include the date the
petitioner was released from prison after
service of sentence or released on
parole/pardon or terminated from probation.
Referral of Petition for Absolute Pardon to a
Probation and Parole Officer. — Upon receipt
of a petition for absolute pardon, the Board
shall refer the petition to a Probation and
Parole Officer who shall investigate on the
conduct and activities, as well as the social
and economic conditions, of the petitioner
prior to his conviction and since his release
from prison and submit a report thereof
within fifteen (15) days from receipt of the
referral.
Judicial Clemency – Probation
Probation - It is a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation
officer (P.D. No. 968, as amended).
It is releasing convicted offenders into the
community under a conditional suspended
sentence, avoiding imprisonment for those
offenders showing good behavior under the
supervision of a probation officer.
The word probation derives from the Latin
word probatio, meaning a period of proving
or trial and forgiveness, from probare, past
participle probatus.
WHAT IS PAROLE?
It is the conditional release of a prisoner from
correctional institution after serving the
minimum period of prison sentence.
WHO CANNOT BE GRANTED PAROLE?
Generally, those sentenced to a term of
imprisonment of one (1) year or less, or to a
straight penalty, or to a prison sentence
without a minimum term of imprisonment.
WHO MAY GRANT PAROLE TO A PRISONER?
The Board of Pardons and Parole, an agency
under the Office of the Secretary of Justice
WHEN MAY A PRISONER BE GRANTED
PAROLE?
Whenever the Board of Pardons and Parole
finds that there is a reasonable probability
that, if released, the prisoner will be law-
abiding and that the release will not be
incompatible with the interest and welfare of
society.
WHAT HAPPENS IF A PAROLEE VIOLATES THE
CONDITIONS OF HIS PAROLE?
The parolee shall be rearrested and
recommitted or returned to prison to serve
the unexpired portion of the maximum period
of his sentence.
WHAT IS EXECUTIVE CLEMENCY?
It refers to the Commutation of Sentence,
Conditional Pardon and Absolute Pardon
maybe granted by the president upon
recommendation of the Board.
WHAT IS COMMUTATION OF SENTENCE?
It is the reduction of the period of a prison
sentence
WHAT IS CONDITIONAL PARDON?
It is the conditional exemption of a guilty
offender for the punishment imposed by a
court.
WHAT IS ABSOLUTE PARDON?
It is the total extinction of the criminal liability
of the individual to whom it is granted
without any condition whatsoever resulting to
the full restoration of his civil rights.
WHO MAY FILE A PETITION FOR
CONDITIONAL PARDON?
A prisoner who has served at least one-half
(1/2) of the maximum of the original
indeterminate and/or definite prison term.
WHO MAY GRANT COMMUTATION OF
SENTENCE AND PARDON?
The President of the Philippines
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
The Board may review the petition of a
prisoner for commutation of sentence if the
following minimum requirements are met: Ø
At least one-third (1/3) of the definite or
aggregate prison terms;
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least one half (1/2) of the minimum of
indeterminate or aggregate minimum of of
the indeterminate prison terms;
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least ten (10) years for inmates sentenced
to one (1) Reclusion Perpetua or one (1) life
imprisonment, for crimes/offenses not
punishable under Republic Act No. 7659 and
other special laws.
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least thirteen (13) years, for inmates
whose indeterminate and/or definite prison
term were adjusted to a definite prison term
of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal
Code, as amended;
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least fifteen (15) years for inmates
convicted of heinous crimes as defined in
Republic Act No. 7659 committed on or after
January 1, 1994 and sentenced to one (1)
Reclusion Perpetua or one (1) life
imprisonment;
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least eighteen (18) years for inmates
sentenced to Reclusion Perpetua or life
imprisonment for violation of RA 6495, as
amended, otherwise known as “The
Dangerous Drugs Act of 1972”, or RA 9165,
known as “The Comprehensive Dangerous
Drugs Act of 2002”, and for kidnapping for
ransom, or violation of the laws on terrorism,
plunder, and transnational crimes;
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least twenty (20) years, for inmates
sentenced to two (2) or more Reclusion
Perpetua or life imprisonment even if their
sentences were adjusted to a definite prison
term of forty (40) years in accordance with
the provisions of Article 70 of the Revised
Penal Code, as amended;
WHO MAY FILE A PETITION FOR
COMMUTATION OF SENTENCE?
At least twenty-five (25) years for inmates
originally sentenced to death penalty but
which was automatically reduced or
commuted to Reclusion Perpetua or life
imprisonment.
WHO MAY FILE A PETITION FOR ABSOLUTE
PARDON?
One may file a petition for absolute pardon if
the maximum sentence is served or granted
final release and discharge or court
termination of probation.
IS A PRISONER WHO IS RELEASED ON
PAROLE OR CONDITIONAL PARDON WITH
PAROLE CONDITIONS PLACED UNDER
SUPERVISION?
Yes, the prisoner is placed under the
supervision of a Probation and Parole Officer.
c. Therapeutic Community (5 ITEMS)
Salient features of the therapeutic
community.✅
1. The primary "therapist" and teacher is
the community itself, consisting of peers and
staff, who, as role models of successful
personal change, serve as guides in the
recovery process.
2. TC adheres to precepts of right living:
Truth/honesty; Here and now; Personal
responsibility for destiny;
Social responsibility (brother's keeper); Moral
Code; Inner person is "good" but behavior can
be "bad"; Change is the only certainty; Work
ethics; Self-reliance; Psychological converges
with philosophical (e.g. guilt kills)
3. It believes that TC is a place where: One can
change unfold; the group can foster change;
individuals must take responsibility;
structures must accommodate this; Act as if -
go through the motion.
4. There are 5 distinct categories of activity
that help promote jerry the change:

•Relational/Behavior Management
•Affective/Emotional/Psychological
•Cognitive/Intellectual
•Spiritual
•Psychomotor/Vocational-Survival Skills
Cardinal Rules in Therapeutic Community✅
NO drugs
NO violence or threat of violence
NO sexual acting out
NO stealing
House Rules✅
a. Phase I- Entry/Orientation
b. Phase II- Primary Treatment
c. Phase III- Pre-Reentry
d. Phase IV-Reentry
e. Phase V-Aftercare
Therapeutic Community Beliefs,✅
It believes that TC is a place where: One can
change – unfold; the group can foster change;
individuals must take responsibility;
structures must accommodate this; Act as if –
go through the motion.
Therapeutic Community Philosophy,✅
The Therapeutic Community (TC) is an
environment that helps people get help while
helping others. It is a treatment environment:
the interactions of its members are designed
to be therapeutic within the context of the
norms that require for each to play the dual
role of client-therapist.
Different therapeutic/treatment models
(BJMP, BuCor, PPA, DDB) ✅
All offenders granted probation,
parole, pardon and suspended sentence.
The Administration has adopted a
harmonized and integrated treatment
program for these clients to effect their
rehabilitation. This harmonized and
integrated program involves (1) The
Therapeutic Community Modality (2) The
Restorative Justice Principles and Concepts
and (3) the Use of Volunteer Probation Aides
(VPAs).
The Therapeutic Community Modality is a
self-help social learning treatment model
used for clients with problems of drug abuse
and other behavioral problems such as
alcoholism, stealing, and other anti-social
tendencies. As a treatment model, it includes
four (4) categories, namely, behavior
management, intellectual/spiritual aspect,
emotional and social aspects, and
vocational/survival aspects.
In this regard, the Therapeutic Community
Modality provides a well-defined structure for
a synchronized and focused implementation
of the various intervention
strategies/activities undertaken by the Agency
such as:
1. Individual and group counseling
This activity intends to assist the clients in
trying to sort out their problems, identify
solutions, reconcile conflicts and help resolve
them. This could be done either by individual
or group interaction with the officers of the
Agency.
2. Moral, Spiritual, Values Formation
Seminars, lectures or trainings offered or
arranged by the Agency comprise these
rehabilitation activities. Active NGOs, schools,
civic and religious organizations are tapped to
facilitate the activities.
3. Work or Job Placement/Referral
Categorized as an informal program wherein a
client is referred for work or job placement
through the officer’s own personal effort,
contact or information.
4. Vocational/Livelihood and Skills Training
The program includes the setting up of
seminars and skills training classes like food
preservation and processing, candle making,
novelty items and handicrafts making, etc., to
help the clients earn extra income. Likewise,
vocational and technical trade classes are
availed of such as refrigeration, automotive
mechanic, radio/television and electronics
repairs, tailoring, dressmaking, basic
computer training, etc. through coordination
with local barangays, parish centers, schools
and civic organizations.
5. Health, Mental and Medical Services
To address some of the basic needs of clients
and their families, medical missions are
organized to provide various forms of medical
and health services including physical
examination and treatment, free medicines
and vitamins, dental examination and
treatment, drug dependency test and
laboratory examination.
Psychological testing and evaluation as well as
psychiatric treatment are likewise provided
for by the Agency’s Clinical Services Division
and if not possible by reason of distance,
referrals are made to other government
accredited institutions.
6. Literacy and Education
In coordination with LGU programs, adult
education classes are availed of to help clients
learn basic writing, reading and arithmetic.
Likewise, literacy teach-ins during any
sessions conducted for clients become part of
the module. This is particularly intended for
clients who are “no read, no write” to help
them become functionally literate. Likewise,
linkages with educational Foundation, other
GOs and NGOs are regularly done for free
school supplies, bags and uniform for client’s
children and relatives.
7. Community Service
This program refers to the services in the
community rendered by clients for the benefit
of society. It includes tree planting,
beautification drives, cleaning and greening of
surroundings, maintenance of public parks
and places, garbage collection, blood
donation and similar socio-civic activities.
8. Client Self-Help Organization
This program takes the form of cooperatives
and client associations wherein the clients
form cooperatives and associations as an
economic group to venture on small-scale
projects. Similarly, client associations serve
another purpose by providing some structure
to the lives of clients where they re-learn the
basics of working within a group with
hierarchy, authority and responsibility much
like in the bigger society.
9. Payment of Civil Liability
The payment of civil liability or
indemnification to victims of offenders are
pursued despite the economic status of
clients. Payment of obligations to the victims
instills in the minds of the clients their
responsibility and the consequences of the
harm they inflicted to others.
10. Environment and Ecology
To instill awareness and concern in preserving
ecological balance and environmental health,
seminars/lectures are conducted wherein
clients participate. These seminars/lectures
tackle anti-smoke belching campaign, organic
farming, waste management, segregation and
disposal and proper care of the environment.
11. Sports and Physical Fitness
Activities that provide physical exertion like
sports, games and group play are conducted
to enhance the physical well being of clients.
Friendly competition of clients from the
various offices of the sectors, together with
the officers, provide an enjoyable and
healthful respite. The success of the
Therapeutic Community treatment model is
also anchored on the implementation of
restorative justice. To highlight the principles
of restorative justice, offenders are
recognized to indemnify victims and render
community services to facilitate the healing of
the broken relationship caused by offending
the concerned parties. Mediation and
conferencing are also utilized in special cases
to mend and/or restore clients’ relationship
with their victim and the community.
Considering that it is in the community that
the rehabilitation of clients takes place, the
utilization of therapeutic community
treatment model coupled with the principles
of restorative justice would be further
energized with the recruitment, training and
deployment of Volunteer Probation Aides
(VPAs). The VPA program is a strategy to
generate maximum participation of the
citizens in the community-based program of
probation and parole. Through the VPAs, the
substance of restorative justice is pursued
with deeper meaning since the VPAs are
residents of the same community where the
clients they supervise reside. Thus, it is
practicable for the volunteers to solicit
support for clients’ needs and assist the field
officers in supervising the probationers,
parolees, and pardonees.
The Therapeutic Community treatment
modality, Restorative Justice paradigm and
deployment of VPAs integrated into one
rehabilitation program have yielded
tremendous outcome in the rehabilitation
and reformation of probationers, parolees,
pardonees, and first-time minor drug
offenders.
Furthermore, the Agency believes that the
client’s family is a major part or support in the
rehabilitation process, thus the
Administration adopts the Integrated Allied
Social Services program to address the needs
of the children and other minor dependent of
the clients. Under the said program,
interventions relative to the growth and
development of the minor dependents are
done to help them become productive, law
abiding and effective individuals.
different therapeutic/treatment models (DDB)
Treatment and Rehabilitation Centers
accredited by the Department of Health
utilize different drug treatment modalities or
approaches in the treatment of drug
dependents.
Multidisciplinary Team Approach avails of
the services and skills of a team composed of
a psychiatrist, psychologist, social worker,
occupational therapist, or practitioners of
other related disciplines in collaboration with
the family and the drug dependent.
Therapeutic Community Approach views
addiction as a symptomatic manifestation of a
more complex psychological problem rooted
in an interplay of emotional, social, physical
and spiritual values. It is a highly structured
program wherein the community is utilized as
the primary vehicle to foster behavioral and
attitudinal change. The patient receives the
information and the impetus to change from
being a part of the community. Role
modelling and peer pressure play significant
parts in the program.
The goal of every therapeutic community is to
change the patients’ self-destructive thinking
and behavioral pattern, teach them personal
responsibility, positivize their self-image,
create a sense of human community and
provide an environment in which human
beings can grow and take responsibility and
credit for the growth.
Hazelden-Minnesota Model views addiction
as a disease, an involuntary condition caused
by factors largely outside a person’s control.
The program consists of didactic lectures,
cognitive-behavioral psychology, Alcoholic
Anonymous principles / Twelve Steps
Principles and biblio-therapy. In this modality,
counsellors and patients collaborate in
defining the path to recovery.
Spiritual Approach uses the Bible as the
primary source of inspiration to change. It
views drug addiction as a sin and encourages
the patients to turn away from it and renew
their relationships with the Lord.
Eclectic Approach aims at applying a holistic
approach in the rehabilitation program. The
spiritual and cognitive components of the
Twelve Steps complement the behavioral
aspects of the Therapeutic Community. The
skills and services of rehabilitation
professionals and paraprofessionals are made
available. In doing so, different personality
aspects of drug dependents are well
addressed geared towards their rehabilitation
and recovery
6. CRIMINOLOGY (30 ITEMS)
a. Intro to Criminology (4 ITEMS)
1. The Classical School ✅– it maintains the
“doctrine of psychological hedonism” or “free
will”. That the individual calculates pleasures
and pains in advance of action and regulates
his conduct by the result of his calculations.
2. The Neo-classical School✅ – it maintained
that while the classical doctrine is correct in
general, it should be modified in certain
details. Since children and lunatics cannot
calculate the differences of pleasures
from pain, they should not be regarded as
criminals, hence they should be free from
punishment.
3. The Positivist/Italian School ✅– the school
that denied individual responsibility and
reflected nonpunitive reactions to crime and
criminality. It adheres that crimes, as any
other act, is a natural phenomenon. Criminals
are considered as sick individuals who need to
be treated by treatment programs rather than
punitive actions against them
Classification and typologies of crime✅
Legal Classifications Of Crime
1) According to law violated:
a. Felony- acts and omissions that violate the
Revised Penal Code or the Criminal Law.
b. Misdemeanor/Infraction- acts and
omissions which violate the city or municipal
ordinance
c. Offense- acts and omissions which violate
any special laws
2) According to the manner of committing
crime:
▪ By means of dolo or deceit – deliberate
intent; freedom or voluntariness, intelligence
and intent
▪ By means of culpa or fault –unintentional;
lack of foresight, skill, negligence and
imprudence
Classification of Crimes according to the
stage of Commission
1. Formal Crime- crimes which are
consummated in one instant or by a single
act.
2. Material crimes- crimes which necessitates
the three stages of execution.
Classification of Crime according to its
Plurality
1. Simple Crime – a single act which
constitutes only one offense.
2. Complex Crime- when a single act
constitutes two or more grave felonies
(Compound) or when an
offense is a necessary means for committing
another (complex Crime Proper) .
Classification of Crimes According to its
result
1. Acquisitive Crime- When the offender
acquires something as a consequence of his
criminal act.
2. Extinctive Crime- when the end result of a
criminal act is destructive.
Classification of Crimes According to the
Period of Commission
1. Seasonal Crimes- those committed only
during a certain period of the year.
2. Situational crimes- those committed only
when given the situation or when the
opportunity arises.
Classification of Crimes According to the
Time of Commission
1. Instant Crimes- those committed in the
shortest possible time (simple Crimes).
2. Episodal Crimes-those committed by a
series of acts undertaken in a lengthy space of
time (Complex
Crimes)
Classification of Crimes According to the
location of Commission
1. Static Crimes- hose committed in one place
only.
2. Continuing Crimes- those that can be
committed in several places.
Classification of Crimes According to the
Mental Faculties
1. Rational crimes- those committed in the
possession of sanity.
2. Irrational crimes- those committed by
persons who do not know the nature and
quality of their acts.
Classification of Crimes According to the type
of Offenders
1. White Collar Crimes- those committed by
persons in the higher or upper socio economic
status.
2. Blue collar crimes- those committed by
ordinary persons
Classification of Crimes According to the
nature of acts prohibited
1. Mala in Se- crimes that are evil or wrong in
itself.
2. Mala prohibita- these are crimes that are
considered illegal because laws define them
as such.
Classification of Crimes According to the
Gravity of Penalty
1. Grave felonies- those which attaches
capital punishment or afflictive penalties.
2. Less grave felonies- penalties from arresto
mayor to prision correctional including
distierro and suspension.
3. Light penalties- infractions of law or those
crimes punishable by arresto menor
Classification of criminal offenders✅
Lombroso`s Classification of Criminals
1. Born Criminals- those with atavistic
characteristics.
2. Insane Criminals- those having anatomical
and biological abnormalities. These include
imbeciles, idiots, as well as alcoholics,
hysterics, and epileptics.
3. Criminals by passion- those who are
triggered by emotional force such as love,
anger, hatred, jealousy, and others.
4. Occasional criminals- those who commit
crimes given the opportunity. This type of
criminals has innate characteristics to commit
crime. Occasional criminals are composed
into four subtypes:
a. Criminaloid- those who are easily swayed
or tempted to do evil. Criminaloids are normal
persons who commit crimes under the
pressure of circumstances.
b. Epileptoid- those who are suffering from
epilepsy, a neurological disorder.
c. Habitual criminal- those who live normally
but later on develop an undesirable habit (i.e.
gambling, drugs) which influence him to
commit lifetime criminality.
d. Pseudocriminal- like criminaloids,
pseudocriminals are normal persons. They
only commit crimes when the situation forces
them to do so. A best example of this one is
self defense.
b. Theories of Crime Causation (4 ITEMS)
Biological determinism of crime✅
In criminology, biological determinism is the
theory that people with certain genes are
inherently criminal. Rather than pointing to
social or environmental factors as causes for
criminality, biologism points to genetic factors
such as skin color or facial structure.
Psychological determinism of crime✅
Theories focus on human cognition and its
development, and how this relates to criminal
behavior. Psychology presents a number of
perspectives on the causes of crime. Of
particular importance are theories exploring
the relationship between crime and individual
personality, social factors, cognition and
developmental factors. These psychological
theories have different degrees of
focus on individual, family, group and societal
psychology. Psychological literature shows
that a key variable identified in the
development of individual characteristics, and
any criminal propensities, is the role played by
parents, in terms of factors such as
child-rearing practices, attachment,
neglected, abuse, supervision, and the
parents own anti-social or criminal behavior.
Sociological and economic determinism of
crime✅
Sociological theories focus on the influence of
the organization of society and social
conditions. Sociology encompasses a very
wide range of theoretical perspective, but
generally regards crime as a social
phenomenon, and emphasizes the
cultural and social elements of criminal
behavior. Some sociological theories
emphasize the relationship between social
structures, such as language, ethnicity and
class, and criminal behavior. Other theories
emphasize the effect of social conditions on
an individual’s propensity to become
involved in crime.
c. Human Behavior and Victimology (4
ITEMS)
Personality Disorders✅
Types of Personality Disorders
1. Paranoid Personality – This is characterized
by suspiciousness, hypersensitivity, rigidity,
envy, excessive self-importance and
argumentativeness plus a tendency to blame
others for one's own mistakes and failures
and to ascribe evil motives to others.
2. Schizoid Personality – Individuals with this
personality disorder neither deserve nor
enjoy close relationship. They live a solitary
life with little interest in developing
friendships. They exhibit emotional coldness,
detachment or a constricted effect. It is
characterized by lack of interest in social
relationships, a tendency towards a solitary
lifestyle, secretiveness and emotional
coldness.
3. Schizotypal Personality – Individuals with
this type of personality disorder exhibit odd
behaviors based on a belief in magic or
superstition and may report unusual
perceptual experiences.
4. Histrionic Personality – This is
characterized by attempt to be the center of
attention through the use of theatrical and
self-dramatizing behavior. Sexual adjustment
is poor and interpersonal relationships are
stormy. It is characterized by excessive
emotionality and attention-seeking including
an excessive need for approval and
inappropriate seductiveness usually
beginning in early adulthood.
5. Narcissistic Personality – Individuals with
this type of personality have a pervasive sense
of self-importance. A disorder and its
derivatives can be caused by excessive praise
and criticism in childhood particularly that
from parental figures.
6. Antisocial Personality – This is
characterized by a lifelong history of inability
to conform to social norms. This includes
“irritable and aggressive" and may have
repeated physical fights. These individuals
also have a high prevalence of morbid
substance abuse disorders.
7. Borderline Personality – This is
characterized by instability reflected in drastic
mood shifts and behavior problems.
Individuals with this type of personality are
acutely sensitive to real or imagined
abandonment and have a pattern of repeated
unstable but intense interpersonal
relationships that alternate between extreme
idealization and devaluation. Such individuals
may abuse substances or food or be sexually
promiscuous.
8. Avoidant Personality – Individuals with this
personality are fearful of becoming involved
with people because of excessive fears of
criticism or rejection.
9. Dependent Personality – This is
characterized by inability to make even daily
decisions without excessive advice and
reassurance from others and
needs others to assume responsibility for
most major areas of his or her life.
10. Compulsive Personality – This is
characterized by excessive concern with rules,
order efficiency and work coupled with
insistence that everyone do things their way
and an inability to express warm feelings.
11. Passive-Aggressive Personality – The
individual with this personality disorder is
usually found to have overindulged in many
things during the early years to the extent
that the person comes to anticipate that his
needs will always be met and
gratified.
Theories of Human Development✅
PSYCHOLOGICAL THEORIES OF CRIME
CAUSATION
These theories explain crime as caused by
mental, behavioral or emotional aspects.
1. Psychoanalytic Theory
-pioneered by Sigmund Freud.
-views deviant or antisocial behavior as a
result of underdeveloped or overdeveloped
superego.
2. Self Control Theory
-also known as General Theory of Crime which
was formulated by Gottfredson and Hischi
(1990).
-This theory argues that person with high
level of self control are less likely to commit
crime while those who have inadequate self
control are more likely to engage in criminal
acts.
3. Frustration – Aggression Theory
-also known as frustration – aggression
hypothesis by Yale John Dollard, Neal Miller,
Leonard Doob, Orval Mowrer, and Robert
Sears (1939)
-a theory which blames aggressive behavior to
events or circumstances which cause
frustration.
-frustration is a result of a goal being blocked
or interfered.
4. Moral Development Theory
-by Lawrence Kohlberg (1927 – 1928)
-a theory which states that morality progress
through a series of stages. The sense of right
or wrong is entwined with the person`s
progression to the stages. Delinquent
behavior is a result of immaturity in moral
development
5. Rational Choice Theory
-assumes that people make rational decisions
or choices if they think that such actions is
perceived to
maximize benefits and minimize losses, risks
or costs
Rationality- the capacity of a person to render
decisions based on the dictates of reason.
6. Low IQ Theory
-blames criminality to a defect in the cognitive
aspect of a person.
-The earliest proponent of this theory was
Charles Goring (1870-1919) who after
studying the mental
characteristics of 3,000 convicts, argued that
crime is not caused by the atavistic feature of
man (which Lombroso theorized) but by
defective intelligence which is hereditary in
nature.
7. Personality Trait Theory
-This theory by Gordon Allport (1897-1967)
assumes that criminal behavior is caused by
certain personality traits of a person.
-Unlike psychoanalytic theory which pinpoints
deviant behaviors to have come from
unconscious causes (overbearing or weak
superego), personality trait theory posits that
antisocial behavior comes mainly from
personality.
Classification of Victims✅
Stephen Schafer Typology of Victims
1. Unrelated Victims (no victim
responsibility)-Incidents in which victim is an
unfortunate target of the Offender
2. Provocative Victims (victim shares
responsibility)- Incidents in which offender
reacted to some action or behavior of the
victim
3. Precipitative Victims (some degree of
victim responsibility)- Incidents in which
victims make themselves vulnerable for
victimization by placing them in dangerous
settings
4. Biologically Weak Victims (no victim
responsibility)- Incidents in which victims gets
victimized because of their physical condition
i.e. Aged, young, infirm and others
5. Socially Weak Victims (no victim
responsibility)- Immigrants or minorities are
susceptible towards victimization as they are
not adequately integrated into the society. A
village girl coming from a submissive culture
settled in a metro city for continuing her
education can be easily sexually abused bythe
boys who are clever enough totake advantage
of her simplicity
6. Self Victimizing Victims (total
responsibility)- Incidents in which the victims
are involved in crimes
such as drug abuse, prostitution, gambling
etc. where the victim act in concert with the
criminal act
7. Political Victims (no victim responsibility)-
Individuals who oppose those in power and
are victimized in return to be kept under
control
Young Rifai Victim Typologies
Biophysical victim: Victims who suffers
injustices because of certain physical anomaly
or racial characteristic or mental handicap
s
Victims who suffer injustices because of
natural disasters like floods, tornadoes,
earthquakes and other acts of God etc.
Victims who suffer injustices caused by
interfacing environment like air pollution,
water pollution, lead poisoning etc.
Victims suffering caused by social
environment. Example- political victim,
economic victim, cultural victim and crime
victim
Victims of technology Example- car accidents
and industrial accidents
Theories of Victimization✅
1. Lifestyle Exposure Theory
-states that an individual’s demographics
(e.g., age, sex) tended to influence one’s
lifestyle, which in turn increased his or her
exposure to risk of personal and property
victimization. For instance, if females
spend more time at home, they would be
exposed to fewer risky situations involving
strangers and hence experience fewer
stranger-committed victimizations.
2. Routine Activities Theory
-posits that the convergence in time and
space of a motivated offender, a suitable
target, and the absence of a capable guardian
provide an opportunity for crimes to occur.
The absence of any one of these
conditions is sufficient to drastically reduce
the risk of criminal opportunity, if not prevent
it altogether.
-It does not attempt to explain participation in
crime but instead focuses on how
opportunities for crimes
are related to the nature of patterns of
routine social interaction, including one’s
work, family, and leisure activities.
3. Victim Precipitation Theory
-suggests that the characteristics of the victim
precipitate the crime. That is, a criminal could
single out a victim because the victim is of a
certain ethnicity, race, sexual orientation,
gender or gender identity.
-generally involve an explanation of how an
individual's behavior may contribute to his or
her own victimization
d. Professional Conduct and Ethical
Standards (4 ITEMS)
Distinction between rights and duties✅
Rights are those privileges and benefits a
person enjoys as citizen of a state while duties
are the responsibilities which citizens are
expected to carry out in return for the rights
they enjoy.
Canons of police ethics✅
The Canons of Police Ethics
1. Primordial Police Responsibility - The
primary objectives of Police is the prevention
of crime, policeman knew too well that he has
committed his Life to defend and protect the
rights of the citizen and uphold the law at all
cost.
2. Limitation of Police Authority - The
primary as an upholder of the law must know
its limitation upon
him in enforcing the law, thus: He must be
aware of the limitations which the people,
through law, have placed him.
3. Knowledge of the Law and other
Responsibility - The policeman shall
assiduously apply himself to the
principles of the laws, which he is sworn to
apply.
4. Use of proper Means to Obtain Paper Ends
- The policeman shall be Mindful of his
responsibility to have strict selection of
methods in discharging the duty of his office.
Violation of law or public safety and property
on the part of the officer are intrinsically
wrong. They are self-defeating if they instill in
the public mind and a like disposition.
5. Cooperation with Public Officials - The
policeman shall cooperate fully with other
public officials in the performance or
authorized duties, regardless of party
affiliation or personal prejudices.
6. Proper Conduct and Behavior - The
policeman shall be mindful of his special
identification by the public as an upholder of
law. Police laxity of conduct or manner in
private life, expressing either
disrespect for the law or seeking to gain
special prevail, cannot but reflect upon in the
policeman and the police service.
7. Conduct towards the Community - The
policeman shall be mindful of his
responsibility to the community. He shall deal
with individuals of the community in the
manner calculated to instill respect for
its law.
8. Conduct in Arresting Law Violator -
Policeman shall use his powers of arrest in
accordance with the law and with due regard
to the rights of the citizen concerned.
9. Firmness in Refusing Gifts or Favors -
Policeman representing the government
bears heavy responsibility of maintaining, in
his conduct, the honor and integrity of all
government institution.
10. Attitude towards Police Profession -
Policeman shall regard the best possible of his
duties as a public trust and recognize his
responsibilities as a public servant.
11. Impartial Presentation of Evidence -
Policeman shall be concerned equally in the
prosecution of the accused or for the defense
of the innocent.
PNP customs and ethical standards
1.Morality: All PNP members shall adhere to
high standards of morality and decency and
shall set good example for others to follow.
Morality is defined as quality of human acts
that leads man to observe “moral
behavior”, to be obedient to a system of
moral rules, “rules of right conduct”.
2. Judicious use of Authority: All PNP
members shall be permitted to apply for
search warrant for any
evidence of assault against himself without
reporting the case in writing to his superior
officer and Obtaining from his permission to
apply for such warrant.
3. Justice: PNP members shall strive
constantly to respect the rights of other so
that they can fulfill their duties and exercise
their rights as human beings, parents,
children, citizens workers, leaders, of in other
capacities and to see to ensure that others do
likewise.
4.Humility: All PNP members shall recognize
the fact that they are public servants and not
the master of the people and toward this end,
they should perform their duties without
arrogance.
5.Orderliness: All PNP shall follow logical
procedure in accomplishing task assigned to
them to minimize waste in the use of time,
money and efforts.
6. Perseverance: Once a decision is made all
PNP members shall take legitimate means to
achieve the goal even in the face of internal
or external difficulties, and despite of
anything which might weaken their resolve in
the course of time.
7. Integrity: PNP members shall not allow
themselves to be victims of corruption and
dishonest practices in
accordance with the provision of existing laws
on corrupt practices.
- code of ethics for researchers
e. Dispute Resolution and Crises/Incident
Management (4 ITEMS)
Dispute vs. Conflict✅
Conflict - is defined as a clash between
individuals arising out of a difference in
thought process, attitudes, understanding,
interests, requirements and even sometimes
perceptions. It may result in heated
arguments, physical abuses and definitely loss
of peace and harmony.
Alternative dispute resolution✅
Alternative Dispute Resolution System
-means any process or procedures 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 the ADR Act, in which neutral third
person participates to assist in the resolution
of issues, Including arbitration, mediation,
conciliation, early neutral evaluation, mini-
trial or any combination thereof
Modes of alternative dispute resolution✅
1. ARBITRATION
2. MEDIATION
2.1- Institutional Mediation
2.2- Court Annexed Mediation
2.3- Court Referred Mediation
3. Conciliation
4. Early Neutral Evaluation- it is a process
wherein the parties and their lawyers are
brought together to present summaries of
their case and received a non binding
assessment
5. MINI TRIAL
6. MEDIATION-ARBITRATION
Restorative justice vs. Retributive justice✅
"Restorative Justice vs Retributive Justice
-Restorative is a valued-based approach
focused on determining harm resulting from
crime, what needs
to be done to repair the harm, and who is
responsible for repairing the harm while
Retributive is an approach focused on
determining what law was broken, who broke
it, and how they should be punished.
-Restorative view crime as an act against
another person and the community and the
control lies in the community where the
community facilitates the restorative process
while Retributive view crime as an
act against the State and a violation of law.
The control lies in the criminal justice
-Restorative justice views crime as an
accountability by both individual and the
society and punishment
is not an effective means of changing
behavior because it disrupts community
harmony and good
relationship. Retributive justice views crime as
an individual act and individual responsibility
and the offender should be punished in order
to deter crime and change behavior
f. Juvenile Delinquency and Juvenile Justice
System (4 ITEMS)
Juvenile delinquency✅
What is Juvenile Delinquency?
It refers to an anti-social acts or behaviors
committed by minors which are contrary to
the norms of the society. It involves
oftentimes misdemeanor, but may include
also offenses and felonies.
Pathways to delinquency✅
1. authority conflict pathway (defiance and
running away) prior to the age of 12, that
starts with stubborn behavior, and has
defiance as a second stage, and authority
avoidance (e.g., truancy) as a third stage;
2. covert pathway (lying and stealing) starts
prior to age 15 which begins with minor
covert acts (shoplifting and frequent lying),
has property damage as a second stage (i.e.,
vandalism and fire-setting), and moderate
delinquency as a third step (i.e., fraud, pick-
pocketing), and has serious delinquency as a
fourth step
3. overt pathway (aggression and violent
behavior). begins with incidences of minor
aggression (bullying, annoying others, bossing
others around) and progresses to fighting
(physical fights, verbal fights, gang activity)
and finally progresses to violent crime (rape,
attack).
Theories of delinquency✅
1. Social Disorganization Theory - It was
recognized early in twentieth century by
sociologist Clifford Shaw and Henry Mckay.
According to 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 a direct influence on the
area's delinquency rate.
2. Anomie Theory - Advocated by Emile
Durkheim. Breakdown of socialization orders
as results of loss of standards and values that
replaced social cohesion.
A - Absence
Nomos- Laws or standards.
Anomie- refers to the breakdown of norms.
3. Strain Theory - This theory assume that
children are basically good. Only under
pressure do they deviate. Pressure for
deviance comes from their having internalized
society's goals, such as being
successful and wanting to achieve them. But
many cannot become successful by
conforming to society's rules. Out of
desperation, they turn to crime.
*According to sociologist Robert Merton,
although most people share common values
and goals, the means for legitimate economic
and social success are stratified by socio
economic class. Consequently, these youths
may either use deviant methods to achieve
their goals or reject socially accepted goals
and substitute deviant ones.
* Albert Cohen, explained why urban, lower
class boys commit delinquency. He began by
identifying characteristics of delinquents.
They are malicious, negativistic, non-
utilitarian, versatile, loyal, and cannot defer
gratification. Cohen blames delinquency on
(1) frustration experienced by children
because of their low status and (2) their
ability to live up to middle - class standards.
Delinquency is the consequence of children
expressing their frustration toward middle-
class norms and institutions.
* Richard Cloward and Lloyd Ohlin blamed it
on the disparity between what children are
taught to want and what is available to them.
Children joined delinquent gangs to achieve
success, but because their legitimate path is
blocked, they turn illegitimate means in the
form of delinquency and later on it was called
as Differential Opportunity Theory.
4. Differential Oppression Theory. John D.
Hewitt and Robert Regoli proposed that much
serious juvenile delinquency is a product of
the oppression of children by adults,
particularly within the context
of family. The maltreatment of children has
been found to be highly correlated with both
serious and moderate delinquency as well as
other problem behaviors. This theory argues
that adult perception of children force youths
into socially defined and controlled inferior
roles, including the socially constructed
"juvenile delinquency" role that separates
youthful and adult offenders for treatment
and control.
5. Differential Association Theory. Asserts
that criminal behavior is learned primarily
within interpersonal groups and that youths
will become delinquent if definitions they
have learned favorable to violating the law
exceed definitions favorable to obeying the
law within the group. This theory was
introduced by Edwin Sutherland. Example:
The family may serve as a training ground for
violence since the child perceive physical
punishment as the norm during conflict
situations with others.
6. Social Learning Theory. This theory
view that behavior is modeled through
observation, either directly through intimate
contact with others, or indirectly through
media; interactions that are rewarded are
copied, where as those that are punished are
avoided.
7. Drift Theory (Neutralization Theory). It
proposed that juveniles sense a moral
obligation to be bound by the law. Such a bind
between a person and the law remains in
place most of the time, they
argue. When it is not in place, delinquents will
drift.
8. Labeling Theory (Social Reaction Theory).
Crime is caused by societal reactions to
behavior, which include exposure to the
juvenile justice system. Once children are
labelled delinquent, they become delinquent
(Tannenbaum, 1893).
9. Social Control Theory. This perspective
states that members in society form bonds
with other members in society or institution
in society such as parents, pro-social friends,
and churches, schools, teachers, and sports
teams. The social bonds include the ties and
affection that develop between children and
key people in their lives; commitment to
social norms of behavior and to succeed in
regards to such values as getting good
education, a good job and being successful;
involvement in activities; and finally that most
persons are brought up to believe in and
respect the law.
10. Self-derogation Theory. Introduced by
Kaplan states that all motivated to maximize
our self esteem, motivation to conform will be
minimized by family, school and peer
interactions that devalue our sense of self,
interactions and behavior may be self-
defacing or self-enhancing.
11. Self-control Theory. In short, self-control
theory suggests that deviance simply results
from the individual's inability to effectively
control his/her impulses. Self-control theory
argues that it is the absence of self-control
rather than the presence of some force or
factor such as poverty, anomie, opportunities
for deviance, delinquent peers, exposure to
definitions favorable to deviance, etc. that
leads to deviance.
12. Culture Deviance Theory. Links delinquent
acts to the formation of independent
subcultures with a unique set of values that
clash with the main stream culture. This
theory argues that children learn deviant
behavior socially through exposure to others
and modeling of others action.
13. Rational Choice Theory. They argue in
many cases, deviance is a result of highly
calculation of risks and awards. Prospective
deviants weigh their own chance of gain
against the risk of getting caught, and thereby
decide a course of action.
Juveniles however do not always choose the
most rational actions. There values are
different from adult and their motives are
different from an adult criminal. Adolescent
are also notorious for not thinking before they
act. These actions which constitute
delinquency may come as a result of acting
against authority, or to rebel against cultural
norms and goals.
Factors of juvenile delinquency✅
Individual Factors
Individual psychological or behavioral risk
factors that may make offending more likely
include intelligence, impulsiveness or the
inability to delay gratification, aggression,
empathy, and restlessness. Children with low
intelligence are likely to do worse in school.
This may increase the chances of offending
because low educational attainment, a low
attachment to school, and low educational
aspirations are all risk factors for offending in
themselves. Children who perform poorly at
school are also more likely to truant, which is
also linked to offending.
2. Family
The family is the first and the basic institution
in our society for developing the child's
potential, in all
its many aspects like emotional, intellectual,
moral, and spiritual as well as physical and
social. It is within the family that the child
must learn to curb his desires and to accept
rules that define the time,
place and circumstances under acceptable
ways.
The following are some of the causes why
some of the child becomes juvenile
delinquent as influence their own family;
a. the faulty development of a child
b. lack of parental guidance
c. lack of love and the instinct of hate or anger
due to unfair treatment
d. parental rejection
e. broken home
f. parental abuse or neglect
g. criminal parents or siblings
Take Note: Home is referred to as the "cradle
of human personality".
3. Environment
It is where the child influences after his first
highly formative years. Youth in the
community turns to become delinquent with
companions. Youth today accuse those ahead
of them for failure to define
how to live both honorably and successfully in
a world that is changing too rapidly for
anyone to comprehend. Together they now
become a victim of their own environment,
their attitudes, dress, taste, ambitions,
behavior are imitated or have been already
influence by those anti-social acts
recognized in their environment.
Some of these causes are the following:
a. associations with criminal groups/gangs
b. alcoholism and drug addiction
c. impulse of fear
d. crime inducing situation that caused
criminalistic tendencies
e. imitated instinct like selfishness, violence
and anti-social wishes
g. Criminological Research 1&2 (6 ITEMS)
Classification of research✅
A. According to Purpose
1. Predictive or Prognostic Research – It has
the purpose of determining the future
operation of the variables under investigation
with the aim of controlling or redirecting such
for the better.
2. Directive Research – It determines what
should be done based on the findings this is to
remedy an unsatisfactory condition, if there is
any.
3. Illuminative Research – It is concerned
with the interaction of the components of the
variable being investigated, as for example,
“interaction of the components of
educational systems and aims to show
the connections among students’
characteristics, organizational pattern and
policies, and educational consequences.
B. According to Goal
1. Basic or Pure Research – It is done for the
development of theories and principles.
2. Applied Research – It is the application of
the results of pure research. This is testing the
efficacy of theories and principles. It aims to
test theories and concepts developed for
verification, application, development and
support and their relationship to the existing
fund of knowledge.
C. According to the Level of Investigation
1. Exploratory Research – The researcher
studies the variables pertinent to a specific
situation.
2. Descriptive Research – The researcher
studies the relationships of the variables.
3. Experimental Research – The experiment
studies the effects of the variables on each
other.
D. According to the Type of Analysis
1. Analytical Research – The researcher
attempts to identify and isolate the
components of the research situation.
2. Holistic Research – It begins with the total
situation. Focusing attention on the system
first and then on its internal relationships.
E. According to Scope – Under this category
is Action Research. This type of research is
done on a very limited scope to solve a
particular problem which is not so big. It is
almost problem solving.
F. According to Choose of Answers to
Problems
1. In Evaluation Research, all possible courses
of action are specified and identified and the
researcher
tries to find the most advantageous.
2. In Developmental Research, the focus is on
finding or developing a more suitable
instrument or process than has been
available.
G. According to Statistical Content
1. Quantitative or Statistical Research – It is
one in which inferential statistics are utilized
to determine the results of the study.
Inferential statistics such as correlation, chi-
square, analysis of
variance, etc. are used to test the hypothesis.
This type of research usually includes
comparison studies, cause-and-effect
relationships, etc.
2. Non-Quantitative Research – This is
research in which the use of the quantity or
statistics is practically nil. This is especially
true in anthropological studies where
description is usually used. Descriptive data
are gathered rather than
quantitative data.
H. According to Time Element
1. Historical Research describes what was.
2. Descriptive Research describes what is.
3. Experimental Research describes what will
be.
Pure Research – A research intended to all
bodies of scientific knowledge in order to
discover the basic truths or principles.
Action Research – A decision-oriented
research which involves the application of the
steps of scientific method in response to an
immediate need for improvement of existing
practices.
- characteristics of research
Quantitative research vs. Qualitative
research✅
I.QUANTITATIVE RESEARCH
Quantitative research is the process of
collecting and analyzing numerical data.
It encompasses a range of methods
concerned with the systematic investigation
of social phenomena, using statistical or
numerical data. It involves measurement and
assumes that the phenomena under study can
be measured (Roger, 2015). It sets out to
analyze data for trends and relationships and
to verify the measurements made. It can be
used to find patterns and averages,
make predictions, test causal relationships,
and generalize results to wider populations
(Bhandari, 2020).
The Characteristics of Quantitative research
are (International Network for Natural
Sciences, n.d.):
• It is numerical, non-descriptive, applies
statistics or mathematics and uses numbers.
• It is an iterative process whereby evidence is
evaluated.
• The results are often presented in
tables and graphs.
• It is conclusive.
• It investigates the what, where and when of
decision making.
II.QUALITATIVERESEARCH
Qualitative research involves collecting and
analyzing non- numerical data (e.g., text,
video, or audio) to understand concepts,
opinions, or experiences. It can be used to
gather in depth insights into a problem or
generate new ideas for research (Bhandari,
2020). It focuses on the "why" rather than the
"what" of social phenomena and relies on the
direct experiences of human beings as
meaning making agents in their everyday lives
(University of Texas Arlington Libraries, 2022).
The Characteristics of Qualitative research
are (International Network for Natural
Sciences, n.d.):
• It is non-numerical, descriptive,
applies reasoning and uses words.
• Its aim is to get the meaning, feeling
and describe the situation.
• Qualitative data cannot be graphed.
• It is exploratory.
• It investigates the why and how of
decision making.
Research designs
1. Exploratory research design
One common type of research design is
exploratory design. The exploratory research
design format is useful when you don't have a
clearly defined problem to study. Often, this
type of research design is less structured than
other research design options, and you can
use it as a guide for your initial research to
uncover your research problem.
2. Observational research design
Observational design is also a common type
of research design. The observational
research design format emphasizes observing
your research topic without altering any
variables. When using an observational
research design, you can simply observe
behaviors or phenomena and record them
rather than conducting an experiment.
3. Descriptive research design
Descriptive design is another type of research
design. The goal of using a descriptive
research design is to describe a research
topic, so this type of research is useful when
you need more information about your topic.
Descriptive research design can also help you
understand the "what," "where," "when" and
"how" of your research topic. The one
question that a descriptive research design
does not answer is "why."
4. Case study
Another type of observational research design
is the case study format. Case studies are
analyses of real-world situations to
understand and evaluate past problems and
solutions. Therefore, case studies are useful
when you want to test how an idea applies to
real life, and this research design is especially
popular in marketing, advertising and social
science. The five-part case study format
includes:
Title
Overview
Problem
Solution
Results
5. Action research design
Another type of research design is the action
research design. The action research design
format involves initial exploratory analysis
and the development of an action strategy.
This design format is collaborative, and it
focuses on finding solutions, making it
practical for many research topics. You can
use the action research design when you want
to solve real problems.
6. Experimental research design
Experimental research design is also common.
The experimental research design is especially
useful when you want to test how different
factors affect a situation, making this design
type very versatile. The experimental research
design uses the scientific method, which
includes elements like:
Hypothesis: A research hypothesis is a
statement that describes what you predict
your research to reveal.
Independent variable: An independent
variable is a variable that does not depend on
other variables.
Dependent variable: A dependent variable is
a variable that depends on another variable.
Control variable: A control variable is a
variable that remains constant throughout a
research experiment.
7. Causal research design
The causal research design is another type of
research design that researchers commonly
choose. The causal research design format
attempts to identify and understand
relationships between variables, which can be
valuable across many industries. Causal
research designs typically involve at at least
two variables and explore many possible
reasons for a relationship between variables.
8. Correlational research design
Along with the causal research design, the
correlational research design is also
commonly used. The correlational research
design format, like the causal format,
identifies relationships between variables.
When you use a correlational research design,
you measure variables but do not alter them.
9. Diagnostic research design
Another type of research design is the
diagnostic research design. The diagnostic
research design attempts to find the
underlying factors that cause events or
phenomena to occur. This research type is
useful to help you understand what's causing
problems so you can find solutions.
10. Cross-sectional research design
Cross-sectional design is another type of
observational research design. The cross-
sectional research design involves observing
multiple individuals at the same point in time.
This research type does not alter variables.
11. Sequential research design
Sequential research design is another useful
type of research design. The sequential
research design format divides research into
stages, and each stage builds on the last.
Therefore, you can complete sequential
research at multiple points in time, allowing
you to study phenomena that occur over
periods of time.
12. Cohort research design
Cohort research design, a type of
observational research, is another research
design type. This type of research design is
commonly used in medicine, but it can also
have applications in other industries. Cohort
design involves examining research subjects
who have already been exposed to a research
topic, making it especially effective for
conducting ethical research on medical topics
or risk factors. This design type is very flexible,
and it applies to both primary and secondary
data.
13. Historical research design
Researchers can also use historical research
design. Using the historical research design
allows you to use past data to test your
hypothesis. Historical research relies on
historical data like archives, maps, diaries and
logs. Using this research design can be
especially useful for completing trend analysis
or gathering context for a research problem.
14. Field research design
Another type of research design is the field
research design. The field research design,
which is a qualitative research method, allows
you to observe subjects in natural
environments. This can allow you to collect
data directly from real-world situations.
15. Systematic review
Systematic review is another type of research
design. Completing a systematic review
involves reviewing existing evidence and
analyzing data from existing studies. This can
allow you to use previous research to come
up with new conclusions.
16. Survey
Researchers also use the survey research
design frequently. You can use surveys to
gather information directly from your sample
population. Some types of surveys include:
Interviews: Interviews are one popular type of
survey. Interviews allow you to ask questions
to a research subject one-on-one, which can
give you the opportunity to ask follow-up
questions and gain additional insights.
Online forms: You can also use online forms
to conduct surveys. You can use many
websites or software programs to create
intuitive online forms with a variety of
question types, including short-answer and
multiple-choice.
Focus groups: Focus groups are another key
survey method. By using focus groups, you
can facilitate discussions with a group of
research subjects to gain valuable research
insights from your sample population.
Questionnaires: Another type of survey is a
questionnaire. In a questionnaire, you can
simply list questions for a research subject to
answer, making this an effective data
collection method.
17. Meta-analysis research design
Meta-analysis is a type of quantitative
research design. The meta-analysis research
design format uses a variety of populations
from different existing studies. This means
that this method allows you to use previous
research to form new conclusions.
18. Mixed-method research design
Researchers can also use a mixed-method
research design. Mixed-method research
designs combine multiple research methods
to create the best path for a specific research
project. This type of research can include both
qualitative and quantitative research
methods.
19. Longitudinal research design
Another type of quantitative, observational
research design is longitudinal design. The
longitudinal research design involves
observing the same sample repeatedly over a
period of time. This time span might be
anywhere from a few weeks to several
decades, depending on your particular
research.
20. Philosophical research design
Philosophical research design is another
research design type. The philosophical
research design can help you analyze and
understand your research problem. This
design type builds on philosophical
argumentation techniques.
The three key areas of philosophical research
design are:
Epistemology: Epistemology focuses on
knowledge and certainty.
Ontology: Ontology focuses on human nature
and existence.
Axiology: Axiology is the study of values, and
it applies especially to ethics.
Manuscript and report format (APA, 7th
edition) ✅
Font & Font Size: Be sure to use the same
font throughout your entire paper. APA 7th
Edition allows for the use of the fonts listed
below.
Sans serif fonts: Arial (11-point), Calibri (11-
point), or Lucinda Sans Unicode (10-point)
Serif fonts: Times New Roman (12-point),
Georgia (11-point), or Computer Modern (10-
point)
Margins: 1 inch on all sides
Paragraphs: All paragraphs (except in the
Abstract) should be indented
Spacing: All of the text in your paper should
be double-spaced (title page included)
Typical APA style papers have four main
sections:
Title Page
Abstract
Main Body
References