Criminal Sociology (Crimsoc)

PAMANTASAN NG LUNGSOD NG MUNTINLUPA
COLLEGE OF CRIMINAL JUSTICE

IN HOUSE REVIEW CENTER P a g e |1
University Road, Brgy. Poblacion, Muntinlupa CIty
- Criminology, is refers to the
SOCIOLOGY OF CRIME AND ETHICS/ scientific study of crimes, criminals and
CRIMINAL SOCIOLOGY (15%) victims, it also deals with the
• INTRODUCTION TO CRIMINOLOGY prevention, and solution of crimes.
• PHILIPPINE CRIMINAL JUSTICE SYSTEM
- Registered Criminologists , refers to a
• POLICE ETHICS AND VALUES
natural person who holds a valid
• JUVENILE DELINQUENCY AND CRIME
PREVENTION certificate of registration and an
• HUMAN BEHAVIOR AND CRISIS updated professional identification
MANAGEMENT card as criminologist issued by the
• CRIMINOLOGICAL RESEARCH board and the commission.
• VICTIMOLOGY
Origin of the word “Criminology”
CRIM 1. INTRODUCTION TO CRIMINOLOGY Etymologically, the term criminology came
CRIMINOLOGY from the Latin word “crimen” meaning crime and
- According to Edwin H. Sutherland, Greek word “Logos” which means “to study”.
“criminology is the entire body of In 1885, Rafael Garofalo, an Italian Law
knowledge regarding crime as a social Professor coined the term criminologia.
phenomenon. It includes within its In 1889, Paul Topinard, French
scope the process of making of laws, of Anthropologist, used the term criminology in
breaking of laws, and the society’s French criminologie for the first time
reaction towards the breaking of laws.”
- Criminology is a body of knowledge Principal Divisions of Criminology
regarding crimes, criminals and the 1. Etiology of Crimes – the scientific analysis
efforts of society to prevent and of the causes of crimes and the criminal
repress them. behavior.
- The scientific study of the causes of 2. Sociology of Law – refers to the
crime in relation to man and society investigation of the nature of criminal law
who set and define rules and and its administration
regulations for himself and others to 3. Penology – the study of the control of
govern crimes and the rehabilitation of offender
R.A. 6506 “An Act Creating the Board of Is criminology a science?

Examiners for Criminologists in the Philippines According to George Wilker, criminology
and other purposes” cannot become a science because it has not yet
acquired universal validity. Edwin H. Sutherland,
Criminologist the Dean of Modern Criminology, hoped that it will
- Any person who is a graduate of the become a science in the future since the causes of
Degree of Criminology, who has passed crimes are almost the same which may be
the examination for criminologists and biological, environmental or combination of the
is registered as such by the Board of two.
Examiners of the Professional
Regulation Commission (PRC).
According to RA 11313 Nature of Criminology

1. It is victimology – the study of the role
applied science because criminology as a of the victim in the commission of a crime
body of knowledge has already established
universally accepted principles and CRIMES AND CRIMINALS
concepts and these are used by other field CRIME
of study. (INSTRUMENTATION) – refers to an act committed or omitted in
2. It is a social science because it studies crime violation of public law (Phil. Law Dictionary).
as a social phenomenon. Crime is a social - It also refers to an act committed or
problem which has a great impact to omitted in violation of a public law forbidding or
society. commanding it (Reyes 2006).
3. It is dynamic because the concepts of
criminology and their applications adapt to CLASSIFICATION OF CRIMES
the changing time. LEGAL CLASSIFICATIONS:
4. It is nationalistic because the study of 1. According to law violated
criminology takes into consideration the a. Felony – an act or omission
history, the culture and the social norms punishable by law which is
and the laws of the country. Each country committed by means of dolo
has its own set of laws and crimes are (deceit) or culpa (fault)and
defined by the laws of the country. punishable under the Revised Penal
Code
Scope in the Study of Criminology b. Offense – an act or omission in
1. Study of the origin and development of violation of a special law
criminal law c. Infraction – an act or omission in
2. Study of the causes of crimes and violation of a city or municipal
development of criminals ordinance
3. Study of the other sciences that examine 2. According to the manner of committing
criminal behavior using scientific methods crime:
such as: a. By means of dolo or deceit – if the
criminal demography – the study of the crime is committed with deliberate
relationship between criminality and intent. Thus, it is called intentional
population felonies.
criminal epidiomology – the study of the • freedom or voluntariness
relationship between environment and • intelligence
criminality (milieu) • intent
criminal ecology – the study of criminality b. By means of culpa or fault
in relation to the spatial distribution in a - felonies committed by means of
community criminal physical culpa (fault)
anthropology – the study of criminality in - the act or omission of the offender
relation to physical constitution of men is not malicious and the injury
criminal psychology – the study of human caused by the offender is
behavior in relation to criminality unintentional, it being the simply
criminal psychiatry – the study of human the incident of another act
mind in relation to criminality performed without malice
• lack of foresight
•
in their maximum period are
• lack of skill correctional.
• negligence c. Light felonies - are infraction of laws for
• imprudence the commission of which the penalty of
3. According to the stages in the commission: arresto menor or a fine not exceeding
a. Attempted – the crime is 200 pesos or both is provided.
attempted when the offender
commences the commission of a 6. According to the nature of the act:
felony directly or over acts, and a. Crimes mala in se – are acts that are
does not perform all the acts of inherently evil. Examples are murder,
execution which should produce robbery, etc.
the felony by reason of some cause b. Crimes mala prohibita – are acts which
or accident other than this own are prohibited only because there are
spontaneous desistance. laws forbidding such acts. Examples are
b. Frustrated - when the offender Illegal Possession of firearms, Traffic
performs all the acts of execution Violations, etc.
which would produce the felony as
a consequence but which, CRIMINOLOGICAL CLASSIFICATIONS OF CRIME
nevertheless do not produce it by 1. According to the result of the crime:
reason of causes independent of a. Acquisitive crime – if the offender
the will of the perpetrator. acquired or gained something by
c. Consummated - when all the committing the crime. Examples are
elements necessary for its robbery, estafa, bribery, etc.
accomplishment and execution are b. Destructive crime – if the crime
present resulted in destruction, damage or
even death. Examples are arson,
4. According to plurality: murder and homicide, damage to
a. Simple Crime – is a single act property, etc.
constituting only one offense.
b. Complex Crime – single act 2. According to the time or period of
constituting two or more grave commission:
felonies or an is a necessary means a. Seasonal crimes – are crimes that
for committing the other happen only during a particular season
Two (2) Kinds of Complex Crime: or period of the year. Examples are
1. compound crime (delito compuesto) violation of election law, tax law
2. complex crime proper (delito complejo) violations, etc.
b. Situational crimes – are crimes
5. According to gravity: committed when the situation is
a. Grave felonies - are those to which the conducive to the commission of the
law attaches the capital punishment or crime and there is an opportunity to
penalties which in any of their period commit it. Examples are pickpocketing,
are afflictive. theft, etc.
b. Less grave felonies - are those which
the law punishes with penalties which
3.
According to the length of time of the Economic crime = an act in violation of the criminal
commission: law that is designated to bring financial gain to the
a. Instant crimes – are those crimes that offender (plunder)
can be committed in a very short time. Inchoate crime = incomplete or contemplated
Example: theft crime such as criminal solicitation or criminal
b. Episoidal crimes – are crimes attempts.
committed through series of acts or Mission Hate crime = violent crimes committed by
episodes and in much longer time. disturbed individuals who see it as their duty to rid
Example: serious illegal detention the world of evil (ideology)
Organized Crimes = illegal activities of people and
4. According to place or location: organizations whose acknowledged purpose is
a. Static crimes – are committed only in profit through illegitimate business enterprise. (3
one place. examples are theft and or more)
robbery Public order crime = acts that are considered
b. Continuing crimes – are crimes that illegal because they threaten general well-being of
take place in more than one place or society and challenge its accepted moral principle.
several places. examples: abduction, (Prostitution, drug use and the sale of
kidnapping, etc. pornography)
Statutory crimes = crimes defined by legislative
5. According to the use of mental faculties: bodies in response to changing social conditions,
a. Rational crimes – when the offender is public opinion and custom.
capable of knowing what he is doing Retaliatory hate crimes = offense committed in
and understanding the consequences response to a hate crime, real or perceived.
of his actions. Victimless crimes = crimes that violate the moral
b. Irrational Crimes – when the offender order but in which there is no actual victim or
suffers from any form of mental target.
disorders, insanity or abnormality.
Thus, the offender doesn’t know what Other terms referring to crimes
he is doing. 1. Crime of Killing (cide = killing)
a. Homicide = the killing of human being by
6. According to the type of offender: another.
a. White Collar Crimes – crimes committed by b. Parricide = the act of killing one’s own father,
those persons belonging to the upper socio- mother, spouse or child.
economic status or in the course of his c. Infanticide = killing of and infant less than 3 days
occupational activities. old.
b. Blue Collar Crimes – are those crimes d. Sororicide = killing one’s own sister
committed by ordinary criminals as a means of e. Fratricide = killing one’s own brother
livelihood. f. Matricide = killing of a mother by her own child
g. Patricide = killing of a father by his own child
DIFFERENT TYPES OF CRIMES h. Uxoricide = the act of one who murders his wife.
Cyber crime = the commission of criminal acts i. Eldercide = the murder of a senior citize
using the instruments of modern technology such j. Abortion = an act of destroying (killing) a fetus
as computers or the internet in the womb.
k. Suicide = d. larceny = taking for one’s own
taking one’s own life voluntarily and intentionally use the property of another, by means other than
l. Regicide = the killing or murder of a king force or threats on the victim or forcibly breaking
m. Vaticide = the killing of a prophet into a person’s home or workplace; theft (term
n. Euthanasia = mercy killing or the act or practice refer as theft in the Philippines.)
of painlessly putting to death a person’s suffering e. Pilferage = theft by employees through stealth
from incurable and distressing disease. or deception
o. Mass Murder = the killing of a large number of f. robbery = taking or attempting to take
people who typically does not seek concealment something of value by force or threat of force
or escape. and/or by putting the victim in fear.
p. Murder = the unlawful killing of a human being g. shoplifting = the taking of goods from retail
with malicious intent store.
q. Serial murder = the killing of a large number of
people over time by an offender. CRIMINAL
- in the legal sense, a criminal is any
2. Crimes of rape person who has been found to have
a. Acquaintance rape = forcible sex in which committed a wrongful act in the course
offender and the victim are acquainted with one of the standard judicial process; there
another. must be a final verdict of his guilt
b. aggravated rape = rape involving multiple
offenders, weapons and victim injuries - in the criminological sense, a person is
c. date rape = forcible sex during the courting already considered a criminal the
relationship moment he committed a crime
d. gang rape = forcible sex involving multiple
offender - in criminal justice point of view,
e. marital rape = forcible sex between people who someone who undergo the 5 pillar of
are legally married to each other PCJS
f. serial rape = multiple rapes committed by one
person over time CLASSIFICATIONS OF CRIMINALS
g. statutory rape = sexual relations between an 1. According to etiology
underage minor female and an adult male. (12>) a. Acute criminal – is a person who
committed crime as a result of reacting
3. Crimes against property to a situation or during a moment of
a. Arson = the intentional or negligent burning of anger or burst of feeling.
a home, structure or vehicle for criminal purpose b. Chronic criminal – is one who
such as profit, revenge, fraud or crime committed a crime with intent or
concealment. deliberated thinking.
b. Burglary – breaking into and entering a home or 1. Neurotic criminal – is one who
structure for the purpose of committing a felony, has mental disorder.
c. carjacking = theft of a car by force or threat of 2. Normal criminal – a person who
force commits crimes because he
looks up to, idolizes people who
are criminals.
2. According to the type of offender:

` This code did not survived
a. Ordinary criminal – a criminal who
the passage of time and was not been
engages in crimes which do not require
recovered.
specialized or technical skill
1.1 KING UR-NAMMU’S CODE (2100BCE)
b. Organized criminal – is one who
- Earliest Code than Code of Hammurabi
possesses some skills and know-how
350 years earlier.
which enable him to commit crimes and
- The Code was created and enacted by
evade detection.
King Ur-Nammu in the City of Ur in Ancient
c. Professional criminal – A highly skilled
Sumeria.
criminal which are engaged in large
- Favoured the imposition of justice instead
scale criminal activities and usually
of naked vengeance.
operate in groups.
-
Restitution, Fines, Restorative Justice (is a
3. According to criminal activities:
principle which requires a process of
a. Professional criminal – a criminal who
resolving conflicts with the maximum
earns his living through criminal
involvement of the victim, the offender,
activities.
and the community.)
b. Situational criminal – a person who
got involved in criminal act because the
1.2 CODE OF ESHUNNA (ca1930BC) – a
situation presented itself.
Sumerian law which prohibits of accepting
c. Habitual criminal – one who
money or objects form the bands of slave
repeatedly commits criminal act for
or making loans (transaction with a slave)
different reasons.
d. Accidental criminal – a person who
1.3 CODE OF LIPIT-ISHAR (ca 1860BC) –
accidentally violated the law due to
more popular version of Sumerian law
some circumstances.
which chronicles the rights or citizens,
marriage, succession, property rights and
STUDY OF CRIMINAL LAW
penalties
EVOLUTION OF CRIMINAL LAWS
A) PREHISTORIC CRIME AND PUNISHMENT
2) CODE OF HAMMURABI
Primitive Tribes
- Hammurabi, the king of Babylon during
- punishment may be in the form of
the eighteenth century BC, is recognized as
ostracism (banishment)and expulsion
the first codifier of laws
- adultery may be punished by the
-it provides the first comprehensive view of
aggrieved husband who may kill the
the laws in the early days
adulterer and his own offending wife
-the Code was carved in stone
- crime may be avenged by the victim
-the “law of talion”, or the principle of “tit
himself or by the victim’s family
for tat”,(an eye for an eye, tooth for a
tooth) appears throughout the Code
B) THE EARLY CODES
-under the principle of the law of talion, the
1) SUMERIAN CODE – crafted during the time of
punishment should be the same as the
king Dongi, A code made from clay tablet
harm inflicted on the victim
which is said to have been created 100
years prior to the Code of Hammurabi.
- later on incorporated in the
3) THE HITTITES Justinian Code
- the Hittites existed about two centuries
after Hammurabi and eventually 6.2 JUSTINIAN CODE
conquered Babylon - Emperor Justinian of Rome in 6th Century
- GREAT IMPORTANCE OF MORALITY. A.D.
-Incorporated some of the laws of the XII
4) DEUTORONOMY or the MOSAIC CODE Tabulae
- Fifth book of the bible which contains the -CORPUS CIVIL JURIS
basis of the Jewish Laws.
- believed to have been made by Moises 6.3 BURGUNDIAN CODE
- form of covenant which starts with the -This code introduced the concept of
Ten (10) commandment then later became restitution. But punishment ROME’S
a statutes and ordinance. TWELVE TABLES
5) GREEK CODES 7) LEX SALICA (German Code)

5.1 CODE OF DRAKON - Refers to the legal customs of the Ancient
- knows as the “ultimate in severity” Germanic Tribes of the middle ages. This
- codified by Drakon, the Athenian lawgiver law provides for schedule of monetary
of the seventh century BC compensation for wrongdoings which they
call “the botes”. The value of monetary
5.2 LAWS OF SOLON compensation for human life based on his
- Solon was appointed archon and was status in life referred to as “Wergild or
given legislative powers Wergeld.”
- Solon repealed all the laws of the Code of
Drakon, except the law on homicide 8) LAW OF ISLAM
- Solon was one of the first to see that a Koran is the holy book of the MUSLIM
lawgiver had to make laws that applied which is said to be of divine origin as it was
equally to all citizens and also saw that the given to them by Allah through the prophet
law of punishment had to maintain Mohammed.
proportionality to the crimes committed
9) THE BLOODY CODE (England)
6) ROMAN CODES This is an unofficial name which refers to
6.1 LAW OF THE TWELVE TABLES the England’s system of laws and
- Presentation of the earliest Roman punishment during the 1688 and 1815.
Codified laws. Most of the English common
law and Western World legal codes were CRIMINAL LAW
said to have been derived from it. – is that branch of public law which defines
-The twelve tables were the foundation of crimes treats of their nature and provides for their
all laws in Rome and written in tablets of punishment.
bronze
-The twelve tables were drafted by the DEVELOPMENT OF LAWS IN THE PHILIPPINES
DECEMVRIS, a body of men compose of PRE-SPANISH ERA
patricians
CODE The Philippine Penal Law recognizes
OF MARAGTAS (1250) two modes of punishment by which a criminal can
- Datu Sumakwel be effectually prevented from committing a
- those dealing with laziness, robbery and second similar offense.
child bearing. Thieves and robbers were 1. Imprisonment
punished by mutilating off their fingers and 2. Death through Electrocution
the poor were prohibited to bear a child
more than 2. Revised Penal Code (RPC) or Act No. 3815 - book
that contains the Philippine Criminal Law and
CODE OF KALANTIAW (1433) different special laws and decrees which are penal
- Datu Kalantiaw of Panay. in nature.
-The unwritten laws consisted of customs - Effectivity of the RPC is 1 January 1932
and traditions, which was passed down by - Approved : December 8, 1930
generations to generations. Among the
provisions are punishments given to those Principal Parts of the RPC
who have caught having sexual relations It is composed of two books; book one
with a married woman and those who which is composed of Articles 1-113 and book two
offend religious object covering Articles 114-367.
a. Articles 1-20 – principles affecting
SPANISH ERA criminal liability
SPANISH CODIGO PENAL b. Articles 21-113 – penalties including
- made when the Spaniards colonized the criminal and civil liability
Philippines by a royal decree on 1870 c. Articles 114-367 – felonies
- Date of Effectivity: July 14, 1887.
Rafael Del Pan, drafted the prison code after the Characteristics of the RPC/criminal Law
Spanish Codigo Penal. He formulated and 1. It is general in application/GENERALITY (WHO)–
translated penal provisions making it simple and the law is applicable to all persons within the
more understandable to Filipinos. territory irrespective of sex, race, nationality or
civil status except: (TIP)
AMERICAN COLONIALIZATION a.Treaty stipulation (Ex. RP Us Visiting force,
THE REVISED PENAL CODE (RPC) Foreign troops permitted to march within
- created by the virtue of Administrative Order Mo. the territory)
94 of the DOJ, dated October 18, 1927 to revise the b. Public International Law (Head of state,
Old Penal Code, taking into the consideration the foreign diplomats, ambassadors, who are
existing conditions, the special laws and the duly accredited to our country)
rulings of the SC. The code also adopted the code c. Law on Preferential Application(RA 75,
of Rafael Del Pan in terms of Prison laws no longer Parliamentary Immunity & Presidential
adopting the Codigo Penal Code. Immunity)
Act No. 3815, otherwise known as the “Revise 2. It is territorial in character/ TERRITORIALITY
Penal Code” was enacted by the legislatures on (WHERE) - the RPC is applicable to felonies
December 8, 1930 and took effect on January 1, committed within the Philippine territorial
1932 based mainly on the Spanish Codigo Penal. jurisdiction. It shall be enforceable within
a. Philippine definition embodied in the Revised
archipelago – all the islands that comprise the Penal Code applies to the accused or not, the
Philippines judge is obligated to decide the case in favor of
b. Atmosphere water – all bodies of water that the accused. Criminal law must be construed
connect all the islands such as bays, rivers and liberally in favor of the accused and strictly
streams against the state.
c. Maritime zone – the twelve (12) Nautical Mile
limit beyond our shore measured at low tide 5. It is uniform in application.
An act described as a crime is a crime no matter
EXCEPTIONS TO THE TERRITORIAL CHARACTER OF who committed it, wherever committed in the
THE REVISED PENAL CODE: Philippines and whenever committed. No
exceptions must be made as to the criminal
The Revised Penal Code shall be applicable to all liability. The definition of crimes together with
cases committed outside the Philippine territorial the corresponding punishment must be
jurisdiction under the following circumstances: uniformly construed, although there may be a
a) should commit an offense while on difference in the enforcement of a given
Philippine ship or airship; specific provision of the penal law.
b) should forge or counterfeit any coin or
currency note of the Philippine Island or 6. There must be a penal sanction or punishment.
obligations and securities issued by the Penal sanction is the most essential part of the
government of the Philippines; definition of the crime. If there is no penalty to
c) while being a public officer or a prohibited act, its enforcement will almost be
employee, should commit an impossible. The penalty is acting as a
deterrence and as a measure of self-defense of
d) offense in the exercise of their the state to protect society from the threat and
functions’ wrong inflicted by the criminal.
e) should commit any of the crimes
against national security and law of SCHOOLS OF THOUGHT IN CRIMINOLOGY
nations School of Thought – refers to a group of beliefs or
ideas that support a specific theory.
3. It is prospective or irretrospectivity/
PROSPECTIVITY (WHEN) – No person may be Theory – set of statements devised to explain
punished for his act when at the time he behavior, events or phenomenon, especially one
committed the act, it is still not yet punishable by that has been repeatedly tested and widely
law. accepted.
EXCEPTION: a. when the law so provide; and
b. when the new law is favorable to the PRE CLASSICAL PERIOD
accused who is not a habitual
delinquent. 1. DEMONOLOGICAL THEORY - asserts that a
person commits wrongful acts due to the
4. It is specific and definite. fact that he was possessed by demons.
Criminal law must give a strict definition of a
specific act which constitutes an offense.
Where there is doubt as to whether a
A. CLASSICAL SCHOOL OF CRIMINOLOGY
IN HOUSE REVIEW CENTER P a g e | 10
The Beccaria believed that:
classical school of criminology grew out of a a. people want to achieve pleasure
reaction against the barbaric system of law, and avoid pain.
punishment and justice that existed. There was no b. Crime provides some pleasure to
real system of criminal justice in Europe at that the criminal.
time. Some crimes were specified, some were not. c. To deter crime, he believed that one
Judges had discretionary power to convict a must administer pain in an
person for an act not even legally defined as appropriate amount to
criminal. counterbalance the pleasure obtain
from crime.
This school of thought is based on the assumption d. Famous in sayings “ Let the
that individuals choose to commit crimes after punishment fit the crime”
weighing the consequences of their actions.
According to classical criminologists, individuals HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
have free will. They can choose legal or illegal REGARDING CRIMES AND THE CRIMINAL JUSTICE
means to get what they want, fear of punishment SYSTEM
can deter them from committing crime and 1. In forming a human society, men and
society can control behavior by making the pain of women sacrifice a portion of their liberty so
punishment greater than the pleasure of the as to enjoy peace and security.
criminal gains. 2. Punishments that go beyond the need of
This theory, however, does not give any preserving the public safety are in their
distinction between an adult and a minor or a nature unjust.
mentally-handicapped in as far as free will is 3. Criminal laws must be clear and certain.
concerned. Founders of classical school of Judges must make uniform judgments in
criminology are Cesare Beccaria and Jeremy similar crimes.
Bentham. 4. The law must specify the degree of
evidence that will justify the detention of
FOUNDERS OF THE CLASSICAL CRIMINOLOGY an accused offender prior to his trial.
1. CESARE BONESANA MARCHESE DI BECCARIA) 5. Accusations must be public. False
(1738-1794) accusations should be severely punished.
- best known for his essay, “On Crimes 6. To torture accused offenders to obtain a
and Punishment” which presented key confession is inadmissible.
ideas on the abolition of torture as 7. The promptitude of punishment is one of
legitimate means of extracting the most effective curbs on crime.
confession. 8. The aim of punishment can only be to
- His book contains almost all modern prevent the criminal from committing new
penal reforms but its greatest crimes against his countrymen, and to keep
contribution was the foundation it laid others from doing likewise. Punishments,
for subsequent changes in criminal therefore, and the method of inflicting
legislation them, should be chosen in due proportion
- his book was influential in the reforms to the crime, so as to make the most lasting
of penal code in France, Russia, Prussia impression on the minds of men…
and it influenced the first ten
amendments to the US Constitution
9. Capital punishment is inefficacious and its

- Felicific Calculus or the pleasure-and-
place should be substituted life
pain principle – is a theory that
imprisonment.
proposes that individuals calculate the
10. It is better to prevent crimes than to punish
consequences of his actions by
them. That is the chief purpose of all good
weighing the pleasure (gain) and the
legislation.
pain (suffering) he would derive from
doing the action.
2. Jeremy Bentham (1748-1832)
- Designed the “Panoptican Prison”
- his contribution to classical school of
criminology is the concept of
B. NEOCLASSICAL CRIMINOLOGY
utilitarianism and the felicific calculus.
This theory modified the doctrine of
- proposed “Utilitarian Hedonism”
free will by stating that free will of men
which explains that person always acts
may be affected by other factors and crime
in such a way to seek pleasure and
is committed due to some compelling
avoid pain.
- founded the concept of
reasons that prevail. These causes are pathology,
UTILITARIANISM – assumes that all our
incompetence, insanity or any condition that will
actions are calculated in accordance
make it impossible for the individual to exercise free
with their likelihood of bringing
will entirely. In the study of legal provisions, this is
pleasure and pain
termed as either mitigating or exempting
- devised the pseudo-mathematical
circumstances.
formula called “felicific calculus” which
Effects of Neoclassical School of Thoughts:
states that individuals are human
- Children and Lunatics are exempted
calculators who put all the factors into
from punishment
an equation in order to decide whether
- Certain mitigating circumstances
a particular crime is worth committing
should be taken into account.
or not
- he reasoned that in order to deter
POSITIVIST SCHOOL OF CRIMINOLOGY (Also
individuals from committing crimes, the
known as the Italian School of Criminology)
punishment, or pain, must be greater
- The term “positivism”, refers to a
than the satisfaction, or
method of analysis based on the
- pleasure, he would gain from
collection of observable scientific facts.
committing the crime
- Positivists believe that causes of
behavior can be measured and
Utilitarianism
observed.
– is a philosophy which argues that what
- It demands for facts and scientific
is right is the one that would cause the
proof, thus, changing the study of
greatest good for the greatest number
crimes and criminals into scientific
of people.
approach.
- others refer to it as the greatest
- Positive theorists were the first to claim
happiness principle or the principle of
the importance of looking at individual
utility.
difference among criminals.
- from this principle, Bentham
formulated the “felicific calculus”.
These theorists who concentrated on

ears of unusual size, nose twisted,
the individual structures of a person,
upturned or flattened in thieves, or aquiline
stated that people are passive and
or beaklike in murderers, fleshy lips,
controlled, whose behaviors are
swollen and protruding, and pouches in the
imposed upon them by biological and
cheek like those of animal’s toes
environmental factors.
- Lombroso’s work supported the idea that
the criminal was a biologically and
August Comte
physically inferior person
- was a French philosopher and sociologist
- according to him, there are three (3)
and is believed to be the one who reinvented the
classes of criminals:
French term sociologie. He was recognized as the
a. born criminals – individuals with at
“Father of Sociology and Positivism”.
least five (5) atavistic stigmata
b. insane criminals – those who
THE (UN) HOLY THREE (3) OF CRIMINOLOGY
became criminals because of some
1. Cesare Lombroso
brain defect which affected their
2. Enricco Ferri
ability to understand and
3. Raffaelle Garofalo
differentiate what is right from
what is wrong.
Cesare Lombroso
c. criminaloids - those with makeup
- recognized as the “Father of Modern and
of an ambiguous group that
Empirical Criminology” due to his
includes habitual criminals, criminals
application of modern scientific methods
by passion and other diverse types
to trace criminal behavior, however, most
of his ideas are now discredited
Enricco Ferri
- known for the concept of atavistic
- he focused his study on the influences of
stigmata (the physical features of
psychological factors and sociological
creatures at an earlier stage of
factors such as economics, on crimes.
development).
- He believed that criminals could not be
-he claimed that criminals are
held morally responsible because they did
distinguishable from non-criminals due to
not choose to commit
the presence of atavistic stigmata and
- crimes, but rather were driven to commit
crimes committed by those who are born
crimes by conditions in their lives.
with certain recognizable heredity traits.
-
- according to his theory, criminals are
Raffaelle Garofallo
usually in possession of huge jaws and
- He treated the roots of the criminals’
strong canine teeth, the arm span of
behavior not to physical features but to
criminals is often greater than their height,
their psychology equivalent, which he
just like that of apes who use their
referred to as moral anomalies.
forearms to push themselves along the
- He rejected the doctrine of freewill.
ground.
- Classified criminals as Murderers, Violent
- other physical stigmata include deviation
Criminals, Deficient Criminals, and
in head size and shape, asymmetry of the
Lascivious Criminals.
face, excessive dimensions of the jaw and
cheekbones, eye defects and peculiarities,
Types 1. Franz Joseph Gall ( 758-1828)
of Criminals according to Garofallo - he developed cranioscopy
1. Murderers (from vengeance and which was later renamed as
revenge) phrenology.
2. Violent Criminals (commits very serious
crime) 2. Johann Kaspar Spurzheim (1776-
3. Deficient Criminals (commits crimes 1832)
against property) - assistant of Gall in the study of
4. Lascivious Criminals (commit crimes phrenology.
against chastity). - he was the man most
responsible for popularizing and
THEORIES OF CRIME CAUSATION spreading phrenology to a wide
1. BIOLOGICAL THEORIES audience
- this refers to the set of theories that
point to physical, physiological and c. Physiology or Somatotype – refers to
other natural factors as the causes for the study of body build of a person in
the commission of crimes of certain relation to his temperament and
individuals. personality and the type of offense he
- This explanation for the existence of is most prone to commit.
criminal traits associates an individual’s 1. Ernst Kretschmer
evil disposition to physical - he distinguished three (3)
disfigurement or impairment. principal types of physiques:
asthenic, athletic, pyknik and
a. Physiognomy – the study of facial dysplastic.
features and their relation to human a. asthenic – characterized
behavior. as thin, small and weak.
1. Giambiatista dela Porta (1535-1615) b. athletic – muscular and
- Italian physician strong.
- founder of human physiognomy c. pyknic – stout, round
- according to him criminal behavior and fat.
may be predicted based on facial d. dysplastic – combination
features of the person. of two body types
2. Johann Kaspar Lavater (1741-1801)
- Swiss theologian who supported 2. William Herbert Sheldon
the belief of dela Porta formulated his own group of
- he believed that a person’s somatotype: ectomorph,
character is revealed through his mesomorph and endomorph.
facial characteristics. a. ectomorph – tall and thin
and less social and more
b. Phrenology, Craniology or intellectual than the other
Cranioscopy – the study of the external types.
formation of the skull in relation to the Cerebrotonic – introvert
person’s personality and tendencies prone to allergies, skin
toward criminal behavior. troubles, sensitive skin with
relatively small body
that lead to the development of the
b. mesomorph – have well-
use of IQ tests as a testing procedure for
developed muscles and an
offenders. The very first results seemed to
athletic appearance.
confirm that offenders had low mental abilities
Romotonic – active,
and they were found to be mentally impaired.
dynamic, walks, talks
aggressively
ALFRED BINET – a French psychologist who
c. endomorph – heavy builds
developed the first IQ test.
and slow moving.
- the test measured the capacity of individual
Viscerotonic – generally
children to perform tasks or solve problems in
relax, comfortable small
relation to the average capacity of their peers.
person who loves luxury.
ERNEST HOOTON – relates hereditary inferiority
to criminality
d. Heredity – the transmission of traits
HENRY MAUDSLEY – pioneered criteria for legal
from parents to offspring.
responsibility “Pathology of mind” He believed
1. Richard Louis Dugdale
that insanity and criminal behavior were strongly
- conducted a study of the Jukes
linked.
family by researching their
CHARLES DARWIN - “ The evolution of Species”
family tree as far back 200 years.
He discovered that most of the
2. PSYCHOLOGICAL THEORIES
ascendants of the Jukes were
- refers to the theories that attribute
criminals.
criminal behavior of individuals to
- Ada Jukes (Mother of Criminals)
psychological factors, such as emotion
2. Henry Goddard
and mental problems.
- he traced the descendants of
- There is something wrong with the
the Martin Kallikak from each of
mind of the offender which caused him
his two wives and found a
to commit crimes.
distinct difference in termsof
quality of lives of descendants.
a. Sigmund Freud (1856-1939) he is
He coined the term “moron”.
recognized as the FATHER OF
3. Charles Goring
PSYCHOANALYSIS, PSYCHODYNAMICS
- he believed that criminal traits can
- known for his psychoanalytic theory
be passed from parents to offspring
-according to him, criminality is caused by
through the genes.
the imbalance of the three (3) components
- he proposed that individuals who
of personality: the id, the ego, and the
possess criminal characteristics
superego.
should be prohibited from having
- according to him there are three parts of
children.
personality:
INTELLIGENCE AS A FACTOR IN CRIMINALITY
1. ID – this stands for instinctual drives; it is
The classic studies of the Juke and Kallikak
governed by the “pleasure principle”; the
families were among the first to show that
id impulses are not social and must be
feeblemindedness or low-intelligence can
repressed or adapted so that they may
be inherited and transferred from one generation
become socially acceptable (present at
to the next. Numerous test were also conducted
birth)
2. EGO – a. Emile Durkheim (French
this is considered to be the sensible and Sociologists)
responsible part of an individual’s - he stated that crime is a normal part of the
personality and is governed by the “reality society just like birth and death.
principle”; it is developed early in life and - publish a book (Division of Social Labor)
compensates for the demands of the id by which became a landmark work on the
helping the individual guide his actions to organization of societies.
remain within the boundaries of accepted - proposed the concept of “anomie” or the
social behavior; it is the objective, rational absence of social norms. It is characterized
part of the personality by disorder due to lack of common values
3. SUPEREGO – serves as the moral conscience shared by individuals, lack of respect for
of an individual; it is structured by what authority and lack of appreciation for what
values were taught by the parents, the is acceptable and not acceptable in a
school and the community, as well as belief society.
in God; it is largely responsible for making a
person follow the moral codes of society b. Gabriel Tarde (1843-1904)
- divided into two parts: conscience (tells - introduced the theory of imitation which
what right or wrong) and ego ideal (directs proposes the process by which people
the individual to morally acceptable and become criminals.
reasonable behaviors which may not be - according to this theory, individuals
pleasurable). imitate the behavior of other individuals
based on the degree of their association
3. SOCIOLOGICAL THEORIES with other individuals and it is inferior or
- sociological factors refer to things, places weak who tend to imitate the superior and
and people with whom we come in contact strong.
with and which play a. Pattern 1: Individuals imitate others in
- a part in determining our actions and proportion to the intensity and frequency
conduct. These causes may bring about the of their contact
development of criminal behavior. b. Pattern 2: inferiors imitate superiors
SOCIAL NORMS c. Pattern 3: when two behavior patterns
- also called rules of conduct clash, one may take the place of other.
- socially accepted and expected
behavior or conduct in society c. Adolphe Quetelet and Andre Michael
- Set of rules that govern an individual’s Guerry
behavior and actions. - He repudiated the free will doctrine of the
CULTURE classicists
- Refers to the system of values and - founder of CARTOGRAPHIC SCHOOL OF
meanings shared by a group of CRIMINOLOGY.
individuals including the embodiment - founder of moral statistics.
of those values and meanings in a - cartographic school of criminology made
material object. use of statistical data such as population,
- age, gender, occupation, religious
affiliations and social economic status and
- Refers to the way of life, modes of
thinking, acting and feeling
studies their influences and relationship to

- unsightly streets and high
criminality.
unemployment rates.
MODERN SOCIOLOGICAL THEORIES OF CRIME
CAUSATION
b. Strain Theory (1910-2003)
- environmental factors such as the kind
- strain refers the individual’s
of rearing or family upbringing, quality
frustration, anger and resentment.
of teaching in school, influences of
- holds that crime is a function of the
peers and friends, conditions of the
conflict between the goals people
neighborhood, and economic and
have and the means they can use to
other societal factors are believed to be
legally obtain them. This also argues
contributory to crime and criminal
that the ability to obtain these goals
behavior.
is class dependent; members of the
lower class are unable to achieve
1. SOCIAL STRUCTURE THEORIES
these goals which come easily to
- refers not only to the physical features
those belonging to the upper class.
of the communities but also to the way
Consequently, they feel anger,
society is organized.
frustration and resentment,
- include such things as level of poverty
referred to as STRAIN.
and unemployment and the amount of
Robert Merton – improved the anomie
crowded housing which are believed to
concept and identified the problem as the
affect behavior and attitudes of
gap between the ideals of society and the
individuals which in turn contribute to
arbitrary realities of one’s determining
their commission of crimes.
birth position within the social structure.
- also called social environment
- includes social disorganization theory,
c. Cultural Deviance Theory
strain theory and cultural deviance
- gives emphasis on the concept
theory.
of culture and sub-culture.
- according to this theory,
a. Social Disorganization Theory
because people in the lower
- popularized by Clifford Shaw and
class feel isolated due to
Henry McKay.
extreme deprivation or poverty,
- according to this theory, crimes in
they tend to create a sub-culture
urban areas are more prevalent
with its own set of rules and
because residents have impersonal
values. This is characterized by
relationships with each other.
deviant behavior which results
- increase in the number of broken
in criminal behavior among its
families and single parenthood are
members.
also very common in disorganized
communities.
2. SOCIAL PROCESS THEORY
- another feature of disorganized
- refers to a group of theories which point to
community is poverty as evidenced
the individual’s socialization process as the
by poor living conditions such as
cause for the commission of crimes.
rundown houses, unsanitary and
4. SOCIAL CONTROL
- These theories cite interaction with people
THEORIES
and experiences and exposure to different
- maintain that everyone has the potential to
element in the environment as primary
become criminal but most people are
factors to criminality.
controlled by their bonds to society.
- under this theory is the social learning
- social control refers to the agencies of
theory which in turn has three (3) sub-
social control such as family, school,
theories: differential association theory,
religion or church, government and laws
differential reinforcement theory and
and other identified authorities in society.
neutralization theory.
- there are two (2) sub-theories:
containment theory and social bond
a. Differential Association Theory
theory.
- formulated by Edwin Sutherland
- this theory states that criminal
a. Containment Theory
behavior is learned through
- proposed by Walter Reckless
socialization.
- he stated that inner and outer
- criminal behavior is learned in
containments help prevent
interaction with other persons in a
juvenile offending.
process of communication.
- containment means the forces
within and outside the individual
b. Differential Reinforcement Theory
that has the power to influence
- according to this theory,
his actions.
individual’s behavior depends on
- inner containments include
how people around him react
positive self-concept,
toward s his behavior.
- tolerance for frustration and an
- an act that is rewarded is repeated;
ability to set realistic goals.
an act that is punished will be
- outer containments include
avoided.
family.
c. Neutralization Theory
- introduced by David Matza and
b. Social Bond Theory
Gresham Sykes.
- propagated by Travis Hirschi
- sometimes referred to as “drift theory”
- this theory views crime as a
- according to this theory, people know
result of individuals with
when they are doing something wrong,
weakened bonds to social
however, they rationalize and justify
institutions.
their actions. This rationalizing is what
- according to this theory, there
we called “neutralization”.
are four (4) elements of social
bonds: attachment,
3. SOCIAL REACTION THEORY
commitment, involvement and
- more commonly called labeling theory.
belief.
- it states that people become criminals
when significant members of society label
a. attachment – refers to the
them as such and they accept those labels
degree to which an
as a personal identity.
individual care about the
opinions of others.
number of reported crime incidents
C
handled by the police for a given period of
b. ommitment – refers to an
individual’s investment of
time. It is a general measure of law
enrgy and emotion in
enforcement agency’s investigative
conventional pursuits, such
capability or efficiency.
as getting good grades.
c. involvement – refers to the
Formula:
amount of time an individual 𝑁𝑜. 𝑜𝑓 𝑆𝑜𝑙𝑣𝑒𝑑 𝐶𝑎𝑠𝑒𝑠
spends on a conventional CSE = { ________________________________ } 𝑋 100
pursuit. 𝑇𝑜𝑡𝑎𝑙 𝑁𝑜. 𝑜𝑓 𝑅𝑒𝑝𝑜𝑟𝑡𝑒𝑑 𝐶𝑎𝑠𝑒𝑠
d. belief – refers to
acceptance of the norms of 2. Crime Rate – the number of incidents in a
conventional society. given period of time for every 100, 000
c. Social Reaction Theory inhabitants of an area/place.
- also called as Labeling
Theory Formula:
- holds that people enter into 𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒
law-violating careers when CR = {_________________________} 𝑋 100, 000
they are labeled for their 𝑃𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛
acts and organize their
personalities around the 3. Average Monthly Crime Rate (AMCR) – the
labels. average number of crime incidents
occurred per month for every 100, 000
CRIME STATISTICS inhabitants in a certain area.
- refers to the measure of the level or
amount of crimes. Formula:
- The collection or study of numerical data of 𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒
crimes recorded/reported to the police. AMCR = { _________________ } 𝑋 100, 000 ÷
- it uses the terms index crimes and non- 𝑃𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛
index crimes in classifying crimes. 𝑛𝑜. 𝑜𝑓 𝑚𝑜𝑛𝑡ℎ𝑠
Index crimes are crimes which are sufficiently
significant and which occur with sufficient 4. Variance (or % change) – one way of
regularity to be meaningful, such as murder, analyzing crime trends. It measures the
homicide, physical injury, robbery, theft and rape. percentage change over a given period of
Non-index crimes are crimes that are not classified time.
as index crimes. Violations of special laws and
other crimes against moral and order. These Formula:
crimes are generated from the result of positive 𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝑑𝑎𝑡𝑎 − 𝑝𝑟𝑒𝑣𝑖𝑜𝑢𝑠 𝑑𝑎𝑡𝑎
police initiated operations. = {_____________________________________} 𝑋 100
𝑝𝑟𝑒𝑣𝑖𝑜𝑢𝑠 𝑑𝑎𝑡𝑎
STATISTICAL FORMULA:
5. Crime Analysis
1. Crime Solution Efficiency (CSE) –
a. Percentage Share of Crime Volume of
percentage of solved cases out of the total
a Certain Area
Formula:
𝐶𝑟𝑖𝑚𝑒 𝑣𝑜𝑙𝑢𝑚𝑒 𝑜𝑓 𝑎 𝑐𝑒𝑟𝑡𝑎𝑖𝑛 𝑎𝑟𝑒𝑎
= { ______________________________________ } 𝑋 100
𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒 𝑁𝑎𝑡𝑖𝑜𝑛𝑤𝑖𝑑𝑒
b. Percentage Share of the Occurrence of

a Type of Crime
Formula:
=
𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑜𝑐𝑐𝑢𝑟𝑒𝑛𝑐𝑒𝑠
{______________________________________________} 𝑋 100
𝐶𝑟𝑖𝑚𝑒 𝑉𝑜𝑙𝑢𝑚𝑒 𝑁𝑎𝑡𝑖𝑜𝑛𝑤𝑖𝑑𝑒
6. Crime Volume
𝐶𝑟𝑖𝑚𝑒 𝑅𝑎𝑡𝑒 𝑥 𝑃𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛

CV ={ _________________________ }
100,000
Percentage:
If out of 300 crimes, 150 accounts for murder.
How many percent of crime volume belongs to
murder?
𝐶𝑟𝑖𝑚𝑒 𝑜𝑓 𝑀𝑢𝑟𝑑𝑒𝑟 𝑥 100%
% = _________________________
𝑇𝑜𝑡𝑎𝑙 𝑐𝑟𝑖𝑚𝑒 𝑣𝑜𝑙𝑢𝑚𝑒
%= 150 𝑥 100
_________________________
300
% = 50 % (percentage of crimes of murder)
maintain general well-being of the
community.
CRIM 2. PHILIPPINE CRIMINAL JUSTICE SYSTEM

DEFINITION OF TERMS: FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
1. Criminal 1. Arrest
= (Criminal Justice System View) A person 2. Charging
who undergone the process of the 5 pillars 3. Adjudication
= (Criminological Point of View) A person 4. Sentencing
who committed a crime 5. Corrections
= (Legal Point of View) A person who has
been found guilty by final judgment by court of FIVE PILLARS OF THE PHILIPPINE CRIMINAL
competent jurisdiction. JUSTICE SYSTEM
1) LAW ENFORCEMENT
2. Justice 2) PROSECUTION
= can be described in two basic principles 3) COURTS
(a) giving what is due to others 4) CORRECTIONS
(b) treating equals equally and unequal unequally 5) COMMUNITY
according to their inequality
THREE PILLARS OF THE AMERICAN CRIMINAL
3. System JUSTICE SYSTEM
= refers to a process, procedure or scheme 1) LAW ENFORCEMENT
which is to be undertaken in order to achieve 2) COURTS
certain ends. 3) CORRECTIONS
4. Criminal Justice POLICE – initiator or prime mover of the CJS

= the study of the various agencies of the PROSECUTION – represents the People of the
government responsible in processing law Philippines.
violators in order to serve the ends of justice. COURT – the centerpiece of the CJS. It ensures
administration of justice
5. Criminal Justice System CORRECTION – responsible for the rehabilitation
- comprise all the means used to enforce and reformation of convicted offenders.
those standards of conduct which are deemed COMMUNITY – responsible for accepting for
necessary to protect individuals and to maintain reintegration those sentence prisoners who have
general community well being. served their sentence.
- The sum total of instrumentation which a
society uses in the prevention and control of crime THE DIFFERENT NOMENCLATURES GIVEN TO THE
and delinquency. PERSON WHO IS BEING PROCESSED UNDER THE
- The machinery of the state or government CRIMINAL JUSTICE SYSTEM:
which enforces the rules of conduct necessary to Offender – the principal character of CJS
protect life and property and to maintain peace Felon – one committed a felony
and order. Suspect –one who is implicated to the
- Comprises all means used to enforce these commission of a crime.
standards of conduct, which are deemed
necessary to protect individuals and to
Defines the elements that are
Respondent – a person who is a subject of
necessary for an act to constitute as a
preliminary investigation or inquest
crime and therefore punishable.
proceeding.
B. PROCEDURAL
Refers to a statute that provides
procedures appropriate for the
Accused – person charged of an offense in
court and facing trial
Appellant – one who filed an appeal
enforcement of the Substantive Criminal
Criminal – one who is found guilty by final
Law.
judgement by a competent court
Petitioner – one who files an application
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN
for Probation, parole or pardon
THE ADMINISTRATION OF THE CRIMINAL
Absconding Petitioner – one who escape
JUSTICE SYSTEM IN THE PHILIPPINES
pending application for P, P, P
A. First is the “presumption of innocence”.
Probationer – one whose application for
This means that those who are accused of
probation was granted
crimes are considered innocent until
Absconding Probationer – one who did not
proven guilty. The accused is entitled to all
report after the grant of probation by trial
the rights of the citizens until the accused’s
court
guilt has been determined by the court of
Parolee- one who is granted with parole
law or by the accused’s acknowledgment
Pardonee – one who is given pardon
of his guilt that he or she indeed committed
Client – person who is under supervision by
the crime.
Probation or Parole Officer.
B. The second principle is “the burden of
proof” which in criminal cases means that
CRIMINAL LAW AND THE CRIMINAL JUSTICE
the government must prove beyond
SYSTEM
“reasonable doubt” that the suspect
Basis of the Criminal Justice System
committed the crime
Criminal Law is the basis that takes place in
the Criminal Justice System.
CONCEPT OF THE PRINCIPLE OF THE
Only violations of Criminal Law are being
PRESUMPTION OF INNOCENCE
considered and processed in the Criminal Justice
No less than the Constitution of the
System. Where no violation of Criminal Law or
Philippines provides that an accused shall
where no commission of the crime, in general,
be presumed innocent until proven guilty.
Criminal Justice as a process will not operate.
CONCEPT OF PROOF BEYOND REASONABLE
CRIMINAL LAW
DOUBT
Branch of public, which defines crimes,
In order to make sure that only those who
treats of their nature, and provides for
are guilty of the crime as punished, our Rules on
their punishment.
Evidence provides that the evidence, in order to
be sufficient to convict an accused for a criminal
TWO CLASSIFICATION OF CRIMINAL LAW
act, proof beyond reasonable doubt is necessary.
A. SUBSTANTIVE
Unless his guilt is shown beyond reasonable
doubt, he is entitled to an acquittal.
MEANING OF 2. The Prosecution Service is
PROOF BEYOND REASONABLE DOUBT under the DOJ, while the OMBUDSMAN is
Proof beyond reasonable doubt does not mean a Constitutional body independent from
such a degree of proof as, excluding the possibility even the three major and co equal branch
of error, produces absolute certainty. Moral of the government;
certainty is only required, or that degree of
proof which produces conviction in an

unprejudiced mind. 3. The Courts, meaning the regular civil
courts, including the SANDIGANBAYAN
CRIMINAL IN RELATION TO CRIMINAL JUSTICE and Special Criminal Courts, are under the
SYSTEM Supervision and control of Supreme
The criminal is the main character of the Courts. Although, judges of the Municipal
Criminal Justice System. Trial Courts, Municipal Circuit Trial Courts,
at times are tasked to perform executive
FOUR ELEMENTS OF JUSTICE IN ORDER THAT functions when they are conducting
JUSTICE MAY BE DISPENSED OF ABSOLUTELY Preliminary Investigation which is primarily
1. The absolute ability to identify the law an Executive function.
violator 4. The Correctional Institutions are either under
2. The absolute ability to apprehend law the DOJ or DILG.
violator - The Bureau of Prison or the National
3. The absolute ability to punish law violator Penitentiary is under the DOJ;
4. The absolute ability to identify the intent of - By virtue of RA 6975, the Bureau of Jail
the law violator. Management and Penology (BJMP) is in
charge of the City or Municipal Jails while
FOUR TYPES OF MISTAKES THAT CAN HAPPEN the Provincial government is in charge of
WHEN SOCIETY ATTEMPTS TO ADMINISTER the Provincial jails. Both are under the
JUSTICE: DILG.
1. The innocent is punished
2. The guilty escapes punishment PURPOSES OR GOALS OF CRIMINAL JUSTICE
3. The guilty are punished more severely than SYSTEM
necessary; 1. Primary goals
4. The guilty are punished less severely than a. Maintenance of peace and order
necessary b. Protect members of the society
2. Secondary goals or sub-goals
PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING: a. Prevention of crime
1. The Law Enforcement, particularly the
Philippine National Police (PNP) is under THE PHILOSOPHIES BEHIND THE CRIMINAL
the Department of the JUSTUCE SYSTEM
Interior and Local Government (DILG); 1. The Adversarial Approach
while the National Bureau of Investigation The adversarial approach assumes
is an agency attached to the Department of innocence. The prosecutor representing
Justice (DOJ). the State must prove the guilt. The
adversary approach requires that the
FIRST PILLAR. LAW ENFORCEMENT
proper procedures are followed,
Law Enforcement in relation to CJS
procedures designed to protect the rights
The Law Enforcement as the first pillar is
of the accused.
considered to be the “initiator” or the “prime
The adversary system embodies the basic
mover” of the Criminal Justice System. It is
concept of equal protection and due
considered as “the initiator of the actions” that
process. These concepts are necessary in
other pillars must act upon to attain its goal or
order to create a system in which the
objective.
accused has a fair chance against the
Examples of police initiating action:
tremendous powers of the prosecutors
a. effecting an arrest
and the resources of the State.
b. surveillance
c. crime investigation
2. The Inquisitorial approach:
The inquisitorial system assumes guilt; the
THE GENERAL FUNCTIONS OF THE LAW
accused must prove that they are innocent.
ENFORCEMENT IN RELATION TO THE
The inquisitorial approach places a greater
ADMINISTRATION OF THE CJS
emphasis on conviction rather than on the
a. To prevent criminal behavior.
process by which the conviction is secured.
b. To reduce crime.
c. To apprehend and arrest offenders.
The philosophy adopted in our Criminal Justice
d. To protect the life and property.
System is the Adversarial Approach.
e. To regulate non-criminal conduct.
CONCEPT OF DUE PROCESS OF LAW
Various Law Enforcement Agencies
The concept of due process means that
1. The Philippine National Police (PNP)
those who are accused of the crimes and
2. The National Bureau of Investigation (NBI)
those who are processed through the
3. The Philippine Drug Enforcement Agency
Criminal Justice System must be given the
(PDEA)
basic rights guaranteed by the
4. The Bureau of Internal Revenue (BIR)
Constitution.
5. The Bureau of Customs
Criminal due process requires that the
6. The Land Transportation Office (LTO)
accused be tried by an impartial and
7. Metro Manila Development Authority (MMDA)
competent court in accordance with the
8. others
procedure prescribed by law and with
proper observance of all the rights
BRIEF HISTORY OF THE PHILIPPINE POLICING
accorded to him under the Constitution
SYSTEM SPANISH PERIOD
and applicable statute.
1. Carabineros de Seguridad Publica – organized in
CONCEPT OF EQUAL PROTECTION
1712 for the purpose of carrying the regulations of
The equal protection clause in essence
declares that the state may not attempt to the Spanish government. Known as the mounted
create or enforce statutes against a person police and discharged the duties of a port, harbor
solely because of specific characteristics and river police.
such as race, age or sex
2. POST AMERICAN PERIOD
Guadrilleros – body of rural police organized in
1. RA 4864 – otherwise known as the Police
each town and established by the Royal Decree of
Professionalization Act of 1966, enacted on
8 January 1836. This was composed of 5% of the
September 8, 1966; created the Police
abled bodied male inhabitants of each town or
Commission (POLCOM) as a supervisory agency to
province, and each member should serve for at
oversee the training and professionalization of the
least 3 years.
local police forces under the Office of the
3. Guardia Civil – created by the Royal Decree President; later POLCOM was renamed into
issued on 12 February 1852. It consisted of a body National Police Commission (NAPOLCOM)
of Filipino policemen organized originally in each MARTIAL LAW PERIOD

of the provincial capitals of the central provinces
1. P.D 421 – Integration of City/Municipal Police
of Luzon under the command of the Alcalde
Forces, Jail and Fire Department within the
(Governer).
greater Manila, March 21, 1974.
AMERICAN PERIOD
2. P.D 482 – Integration of City/Municipal Police,
1. Act No. 70 – created the Metropolitan Police Jail and Fire Department in certain Provinces, June
Force of Manila on January 9, 1901 13, 1974.
2. Act No. 175 – “ An act providing the Organization 3. P.D 531 - Integration of Police, Jail and Fire
and Government of an Insular Constabulary” Department in other provinces, August 8, 1974.
enacted on July 18, 1901
4. P.D 641 - Integration of Police, Jail and Fire
3. Act No. 183 - created the Manila Police Department not covered by previous police
Department, enacted on July 31, 1901 integration decrees, January 21 1975.
4. Act No. 255 – the act that renamed the Insular 5. P.D 765 – otherwise known as the Integration
Constabulary into Philippine Constabulary, Act of 1975, enacted on August 8, 1975; established
enacted on October 3, 1901 the Integrated National Police (INP) composed of
the Philippine Constabulary (PC) as the nucleus
5. Executive Order 369 – ordered that the
and the integrated local police forces as
Philippine Constabulary be one of the four services
components, under the Ministry of National
of the Armed Forced of the Philippines enacted on
Defense.
December 23, 1940.
-transferred the NAPOLCOM from the Office of
JAPANESE PERIOD
the President to the Ministry of National Defense.
1. Kempetai – Japanese military police, in charge of
POST MARTIAL LAW REGIME
maintaining peace and order in Manila
1. Executive RA 9708 - “An Act extending for 5
Order No 1012 – transferred to the city and years the reglementary period for complying the
municipal government the operational minimum educational qualification for
appointment to the PNP and adjusting the
supervision and direction over all INP units
promotion system thereof”. Approved on August
assigned within their locality. 12, 2009
2. Executive Order No 1040 – transferred the
The Philippine National Police is a law
administrative control and supervision of the INP
enforcement agency under the DILG. It is under
from the Ministry of National Defense to the administrative control and operational supervision
National Police Commission. of the National Police Commission. It is an
organization that is national in scope and civilian
3. RA 6975 – otherwise known as the Department in character, as provided by Section 6, Article 16 of
of Interior and Local Government Act of 1990, the 1987 Philippine Constitution:
enacted on December 13, 1990; reorganized the

DILG and established the Philippine National “The state shall establish and maintain one police
Police, Bureau of Fire Protection, Bureau of Jail force which shall be national in scope and civilian in
Management and Penology and the Philippine character…”
Public Safety College. -headed by the Chief, PNP, with the rank of
Director General, appointed by the President and
4. RA 8551 – otherwise known as the Philippine who shall serve a term of office of four (4) years.
National Police Reform and Reorganization Act of
1998; this law amended certain provisions of RA NATIONAL IN SCOPE
- means that the PNP is a nationwide government
6975. Approved on February 25, 1998.
organization whose jurisdiction covers the entire
5. RA 9708 – Amending the provisions of RA 6975 breadth of the Philippine archipelago.
and RA 8551 on the minimum educational - all uniformed and non-uniformed personnel of
the PNP are national government employees.
qualifications for appointment to the PNP and
adjusting the promotional system; approved on 12 CIVILIAN IN CHARACTER
August 2009. - means that that the PNP is not a part of the
military, although it retains some military
PHILIPPINE NATIONAL POLICE attributes such as discipline.
-organized pursuant to RA 6975, as amended by
POWERS AND FUNCTIONS OF THE PNP
RA 8551. A law enforcement agency under the -Enforce all laws and ordinances relative to the
OPERATIONAL CONTROL of the Department of protection of lives and properties;
Interior and Local Government and -Maintain peace and order and take all necessary
ADMINISTRATIVE SUPERVISION of the National steps to ensure public safety;
Police Commission. -Investigate and prevent crimes, effect the arrest
of criminal offenders, bring offenders to justice
and assist in their prosecution;
-Exercise the 2. Assist, when officially
general powers to make arrest, search and seizure requested in the investigation or detection
in accordance with the Constitution and pertinent of crimes and other offenses;
laws; 3. Act as national clearing house of criminal
-Detain an arrested person for a period not beyond records and other information for use of
what is prescribed by law, informing the person so all prosecuting and law enforcement
detained of all his rights under the Constitution; entities in the Philippines, of identification
-Issue licenses for the possession of firearms and records of identifying marks,
explosives in accordance with law; characteristics and ownership or
-Supervise and control the training and operations possession of all firearms and test bullets
of security agencies and issue licenses to operate fired therefrom;
security agencies and to security guards and 4. Give technical help to all prosecuting and
private detectives, for the purpose of their law enforcement offices, agencies of the
professions. government, and courts which may ask for
its services;
5. Extend its services in the investigation of

NATIONAL BUREAU OF INVESTIGATION cases of administrative or civil in nature in
-The National Bureau of Investigation (NBI) saw its which the government is interested;
inception on November 13, 1936 upon 6. Establish and maintain an up-to-date
scientific crime laboratory and conduct
- approval of Commonwealth Act No. 181 by the
legislature researches in furtherance of scientific
-Tasked with organizing a Division of Investigation knowledge in criminal investigation;
or DI patterned after the United States Federal 7. Coordinate with other national or local
Bureau of Investigation were Thomas Dugan, a agencies in the maintenance of peace and
veteran American police captain from the New order;
York Police Department and Flaviano C. Guerrero, 8. Undertake the instruction and training of a
the only Filipino member of the United States representative number of city and
Federal Bureau of Investigation. municipal peace officers at the request of
-On June 19, 1947, by virtue of Republic Act No. 157, their respective superiors along effective
it was reorganized into the Bureau of methods of crime investigation and
Investigation. Later, it was amended by Executive detection in order to insure greater
Order No. 94 issued on October 4, 1947 renaming efficiency in the discharge of their duties.
it to what it is presently known, the National
Bureau of Investigation (NBI). OBJECTIVES OF LAW ENFORCEMENT/POLICE
-The NBI is a government entity that is civilian in
character, and national in scope which is under 1. Crime Prevention – the prevention and
the Department of Justice. suppression of crimes have traditionally been
accepted as the primary goal of the local police
FUNCTIONS OF THE NBI forces.
1. Investigate crimes and other offenses
against the laws of the Philippines, both on 2. Criminal apprehension – it is a police
its own initiative and as public interest may responsibility of the police to enforce the law.
require;
3. Order i. Citizen’s Arrest = when the one
maintenance – one of the most troublesome making an arrest is a private person.
responsibilities of the police. j. Commitment Order = it is a warrant issued by a
court bearing its seal and the signature of the
4. Public Service – because the police is the most judge, directing a jail to admit an arrested person
visible symbol of authority, they are called upon to for purposes of confinement while awaiting trial.
k. Search Warrant – it is an order in writing issued
assist in situations like location of lost persons or
in the name of the People of the Philippines,
properties.
signed by a judge and directed to a peace officer,
commanding him to search for personal property
5. Law Enforcement – it is the basic responsibility
described therein and bring it before the court.
of the police to enforce the law.
(sec 1, Rule 126)
6. Traffic regulation and motor accident l. Seizure = the act of confiscation or taking
investigation – the police are expected to ensure possession of something by legal process.
road safety for both pedestrians and motorists
and assist in cases of road accidents and

MEANING OF ARREST:
emergencies.
– Arrest is the taking of a person into
Definition of Terms: custody in order that he may be bound to answer
a. Police Patrol = the backbone of Police for the commission of an offense.
Department.
b. Police Discretion = the exercise of sound PROBABALE CAUSE IN EFFECTING ARREST
judgement in the absence of order. It is the wise Probable cause with respect to arrest is
use of one’s own judgement by a law enforcer. such a fact and circumstances which would lead a
c. Custodial investigation – is a questioning of a
person suspected of having committed an reasonably discreet and prudent man to believe
offense administered by an investigator. that an offense has been committed by the person
d. Arrest = taking of a person into custody in sought to be arrested.
order that he may be bound to answer for the
commission of an offense. SEARCH WARRANT
e. Raid = it is a surprise invasion of a building or It is an order in writing issued in the name
an area. It is an attack on small scale or a limited of the people of the Philippines signed by the
territory. judge and directed to the peace officer,
commanding him to search for personal property
f. Entrapment = it refers to the ways and means
of capturing or trapping a law violators. and bring it before the court.
g. Buy bust operation = a form of entrapment
employed by peace officers to catch a malefactor REQUISITIES FOR THE ISSUANCE OF WARRANT
OF ARREST
in flagrante delicto.
h. Instigation = it is a process by which the A search warrant shall be issued only upon
instigator practically induces the would be (a) upon probable cause (b) in connection with
defendant into the commission of an offense and one specific offense ( c) to be determined
personally by the judge (d) after examination
himself becomes co principal
under oath or affirmation of the complainant and
the place where he is serving final
witnesses he may produce and (e) particularly judgment or is temporarily confined while his case
describing the place to be search and the thing to is pending, or has escaped while being transferred
be seized. from one confinement to another.
PERSONAL PROPERTY TO BE SEIZED GENERAL RULE IN EFFECTING SEARCH AND

a. Subject of the offense; SEIZURE:
b. Stolen or embezzled and other proceeds, Just like arrest, the general rule in effecting a
fruits of the offense; or search and seizure is only by virtue of a validly
c. Use or intended to be used as the means of issued search and warrant.
the commission of the offense.
The Reason:
GENERAL RULE IN EFFECTING AN ARREST: a. For the protection of the searcher not to be
The general rule in effecting an arrest is charged of a crime of theft, robbery and
simply to make an arrest when there is a warrant. the like;
b. And for any civil and administrative
liabilities
EXCEPTIONS:
Reason: a. Warrantless search incidental to a lawful
a. For the protection of the person making arrest (Sec 13, Rule 126)
the arrest in order not to be charged b. Seizure of evidence in plain view
criminally for violation of Article 124 of the c. Search of a moving vehicle
Revised Penal Code, and other related d. Consented warrantless search
penal laws; e. Customs search
b. and also for any civil and administrative f. Stop and frisk search, and
charges. g. Exigent and emergency circumstances
EXCEPTION TO THE GENERAL RULE: Miranda Vs Arizona , 1966 – “Miranda Rights”.

The exception to the general rule is provided by “Miranda Warning”, “Miranda Doctrine”
the Revise Rules on Criminal Procedures (Rule 113,
Section 5) EVIDENCE OBTAINED IN VIOLATION OF THE RULE
ON ARREST AND SEARCH AND SEIZURE IS NOT
Arrest without warrant; when lawful. – A peace ADMISSIBLE AS EVIDENCE AGAINST THE
officer or a private person may, without a warrant, ACCUSED
arrest a person: The evidence obtained is not admissible
(a) When, in his presence, the person to be against the accused in any proceedings. The rule
arrested has committed, is actually committing, or not admitting any unlawfully obtained evidence
is attempting to commit an offense; against the accused is referred to “the
(b) When an offense has just been committed and exclusionary rule” because the same is said to be
he has probable cause to believe based on “the fruit of the poisonous tree”.
personal knowledge of facts or circumstances that
the person to be arrested has committed it; and CRIMINAL INVESTIGATION
(c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
Is an instituted and carried on by due
art, which deals with identity and location of the course of law, before a competent tribunal, for the
offender and provides evidence of his guilt in purpose of determining the guilt or innocence of a
criminal proceedings. person charged with a crime.
CARDINAL RULE It is also used to designate the government
5 W’s and 1H as the party to the proceeding in a criminal action.
THREE TOOLS
3 I’s Information, Interrogation or IN PHILIPPINE CJS, WHO CONDUCTS THE
Interview, Instrumentation PROSECUTION?
In the Philippines, the prosecutor is the
Republic Act No. 7438, April 27, 1992 government officer, tasked to conduct the
AN ACT DEFINING CERTAIN RIGHTS OF prosecution of criminal actions in court. The
PERSON ARRESTED, DETAINED OR UNDER Revised Rules of Court expressly provides that the
CUSTODIAL INVESTIGATION AS WELL AS THE prosecution has the direction and control of the
DUTIES OF THE ARRESTING, DETAINING AND case.
INVESTIGATING OFFICERS, AND PROVIDING Although in the Municipal Trial Court or
PENALTIES FOR VIOLATIONS THEREOF. Municipal Circuit Trial Courts when the prosecutor
is absent, the offended party, any peace officer, or
Republic Act No. 9745, public officer charged with the
ANTI-TORTURE LAW
enforcement of the law violated may prosecute
POLICE DISCRETION IN RELATION TO THE the case. But such authority shall cease upon
ADMINISTRATION OF CJS actual intervention of the prosecutor r upon
As defined by Kenneth Culp Davis, elevated to the RTC.
discretion means the freedom to make a choice
among possible courses of action. NATIONAL PROSECETION SERVICE (NPS)
By the very nature of their work, police - NPS was created by virtue of PD 1275, entitled
officers normally make critical decisions involving “Reorganizing the Prosecution Staff of the
the life, liberty, honor and property of citizens, and Department of Justice and the offices of the
these requires discretion on their part. Provincial and City Fiscals, Regionalizing the
Prosecution Service and Creating the National
SOME OF THE EXAMPLES OF POLICE Prosecution Service. Enacted on April 11, 1978.
DISCRETION: - Under the general supervision and control
a. Whether or not to enforce a specific law; of the Secretary of the Department of
b. Whether or not to conduct search of Justice.
people or building - Composed of the prosecution staff in the
c. Whether or not to effect an arrest; office of the Secretary of Justice headed by
d. To determine what charges are to be filed the Chief State Prosecutor, the Regional
State Prosecution Offices and the Provincial
SECOND PILLAR. PROSECUTION and City Prosecution Offices.
– The second Pillar of the Criminal Justice System - Primary task is to investigate and prosecute
all criminal offenses defined and penalized
PROSECUTION AS A PILLAR OF THE CJS under the Revised Penal Code and other
The Prosecution as the pillar of the CJS special laws.
simply means “a criminal action”. A proceeding
Then on PURPOSES/OBJECTIVES OF
April 8, 2010, RA 10071 otherwise known as the PRELIMINARY INVESTIGATION
Prosecution Service Act of 2010, became a law. a. To determine whether a crime has been
- Was enacted to strengthen and rationalize committed and whether there is probable
the National Prosecution Service. cause to believe that the accused is guilty
- Renamed the head of the National thereof;
Prosecution Service from Chief State b. To secure the innocent against hasty,
Prosecutor to Prosecution General. malicious and oppressive prosecution.
- The Prosecution General is appointed by the c. To protect the State from useless and
President. expensive trials.
- Composed of the Prosecution Staff in the
Office of the Secretary of Justice and such CAN THERE BE PRELIMINARY INVESTIGATION?
number of regional Prosecution Offices, Preliminary Investigation is required to be
offices of the provincial prosecutor. conducted before the filing of the Complaint or
- Primary responsible for the preliminary Information for an offense where the penalty
investigation and prosecution of all cases prescribed by law is at least four (4) years, two (2)
involving violations of penal laws, under months and one (1) day without regard to the
the supervision of the Secretary of Justice fine.
(Sec3,RA 10071)
SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation INSTANCE WHEN PRELIMINARY INVESTIGATION
b. To make proper recommendation during IS NOT REQUIRED TO BE CONDUCTED EVEN IF
the inquest of the case referred to them by THE CRIME IS ONE THAT REQUIRES PRELIMINARY
the police after the investigation of the INVESTIGATION
suspect; When the offender was arrested without a
c. To represent the government or state warrant, an Inquest investigation will be
during the prosecution of the case against conducted by the inquest investigator. There is no
the accused; need to conduct Preliminary Investigation, unless
d. To act as a legal officer of the province or the person arrested ask for Preliminary
City in the absence of its legal officer; Investigation. However, before the same can be
e. To investigate administrative cases filed done, he must sign a waiver under the provision of
against State Prosecutors, Provincial Art. 125 of the Revised Penal Code.
Prosecutors, including the support staff of An INQUEST shall refer to an informal and
the National Prosecution Service (NPS). summary investigation conducted by a public
prosecutor in criminal cases involving persons
PRELIMINARY INVESTIGATION: (Rule 112) arrested and detained without the benefit of a
It is an inquiry or proceeding for the warrant issued by the court for the purpose of
purpose of determining whether there is sufficient determining whether or not said person should
ground to engender a well founded belief that a remain under the custody and correspondingly
crime has been committed and that the charged in court.
respondent is probably guilty thereof, and be held
for trial (Section 1, Rule 112, Rules of Court). PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION:
a. Provincial or City Prosecutors and their

PROBABLE CAUSE
assistants;
- the existence of such facts and
b. Judges of the Municipal Trial Courts and
circumstances as would excite a belief in a
Municipal Circuit Trial Courts;
reasonable mind, acting on the facts within
c. National and Regional State Prosecutors;
the knowledge of the prosecutor, that the
and
person charged is guilty of the crime which he
d. Other officers as may be authorized by law.
is prosecuted.
- such facts and circumstances which would
OTHERS OFFICERS AUTHORIZED BY LAW TO
lead a reasonably discreet and prudent man
CONDUCT PRELIMINARY INVESTIGATION:
to believe that an offense has been
a. The Ombudsman and special prosecutor ad
committed by the person sought to be
prosecutors duly authorized by the
arrested.
Ombudsman with respect to cases under
- it is the degree of evidence required in
its jurisdiction (ex. Anti-graft and corrupt
preliminary investigation.
practices act.)
b. The COMELEC with respect to cases in
Definition of Terms:
violation of the Election Law;
1. Complaint – is a sworn written charging a
c. Private Lawyers when duly deputized by
person with an offense, subscribed by the
any of the above.
offended party, any peace officer or other
public officer charged with the
PROSECUTOR’S DISCRETION:
enforcement of the law violated. A complaint
a. Whether or not to file the case in court;
may be filed either in court or with the
b. What charges to file;
prosecutor.
c. Whether or not to decline to prosecute the
2. Information – is an accusation in writing
arrested party;
charging a person with an offense, subscribed by
d. Whether or not to enter into plea-
the prosecutor and filed with the court.
bargaining
3. Affidavit- is a statement of facts under oath
4. Subpoena – is a process directed to a person
SOME OF THE REASONS FOR PROSECUTORIAL
requiring him to attend and testify at the hearing
REJECTION OR DISMISSAL OF SOME CRIMINAL
or the trial of action, or at any investigation
CASES:
conducted under the law, or for the taking of his
a. Insufficient evidence that results from a
deposition.
failure to find sufficient physical evidence
5. Complainant – refers to the offended party.
that links the defendant to the offense.
6. Respondent – refers to the person alleged to
b. Witness problem that arise for example,
have committed the offense.
when a witness fails to appear, gives
unclear or inconsistent statements, is
INQUEST PROCEDURE
reluctant to testify, is unsure of identity of
INQUEST PROCEDURE is an inquiry made by the
the offender.
duty prosecutor to determine the legality of the
c. Due Process Problems that involves the
arrest made especially those arrests made without
violations of the Constitutional
a warrant. Each police station or headquarters
requirements for seizing evidence and for
should in principle also have designated inquest
the questioning of the accused.
prosecutors to process inquest procedures with a
schedule of When an offense charge is
assignments for their regular inquest duties punishable by death, reclusion perpetua or life
(Foronda and Manwong, 2009) imprisonment.
This process requires the prosecutors to resolve REMEDY AVAILABLE SHOULD THE PROSECUTOR
the complaint the police filed in a prescribed WITHOUT JUST CAUSE DECLINE TO PROSECUTE A
period which varies depending on the gravity of CRIME:
the offense: a. File a motion for consideration
b. File an administrative case against the
Light penalties = 12 hours Prosecutor;
Correccional penalties = 18 hours c. File a civil case against the Prosecutor;
Afflictive penalties = 36 hours d. File a criminal case against the Prosecutor
If the inquest prosecutor fails to complete the THIRD PILLAR. COURT

proceedings in the prescribed period, then the – The third Pillar of the Criminal Justice System
arrested person must be released (Foronda and 1. Executive Branch – Carries out the law
Manwong, 2009). Composition: President
Vice President
Failure to resolve the complaint within the Cabinet
prescribed period while continuing to detain the
arrested person would mean the police officers a 2. Legislative Branch – Makes the law
Composition: THE PHILIPPINE CONGRESS:
and inquest prosecutor can be liable for the crime Senate
of arbitrary detention, as provided by Article 125 House of Representatives
of the Revised Penal Code. 3. Judicial Branch – Evaluates the law
Composition: Supreme Court
BAIL Court of Tax Appeals
Bail is defined as the security given for the release Court of Appeals
of the person in the custody of the law, furnished Sandiganbayan
by him or the bondsman, to guarantee his Regional Trial Courts
appearance before any court as required under Municipal Trial Courts
the conditions as specified (Section 1, Rule 114, Municipal Trial Courts in
Criminal Procedure). Cities
Metropolitan Trial Courts
WHEN IT IS A MATTER OF RUGHT: Municipal Circuit Trial Courts
A matter of right before and after conviction by
the Metropolitan Trial Court, Municipal Trial Court, JUDICIAL POWER VS JUDICIAL REVIEW
Municipal Trial Court in Cities or Municipal Circuit Judicial Power Judicial Review
Trial Court and before conviction by the Regional Vested in the Supreme Power of the Supreme
Trial Court of an offense not not punishable by Court and lower Court
death, reclusion perpetua or life imprisonment courts established by
(Section 4, Rule 114, Criminal Procedure). the law
Power to apply the To determine whether
WHEN IT IS DISCRETIONARY: laws to contests or laws passed by
disputes concerning Congress and acts of
Example: Regional Trial Court
legally recognized the President are in
rights or duties of and accord with the 2. A court has limited jurisdiction if the court has
between the state and Constitution when the the authority to hear and determine only a few
the private persons or matter is raised. specified cases.
between individual Example: Shari’a Courts
litigants in cases
properly brought 3. A court has original jurisdiction when it can try
before the judicial and hear a case presented to it for the first time.
tribunals. Example: The Court of Appeals. It does not have
Table 1: Judicial Power VS Judicial Review the original jurisdiction over cases because, as the
name implies, its function is to review cases on
ALL COURTS HAVE JUDICIAL POWER but appeal, which means these cases have already
ONLY THE SUPREME COURT HAS THE POWER OF been heard and decided by a lower court or
JUDICIAL REVIEW. courts.
A. DEFINITION OF TERMS: 4. A court has appellate jurisdiction if it can try a

1. Judge – is a public officer who by virtue of his case already heard and decided by a lower court,
office is clothe with judicial authority. He is a public removed from the latter by appeal.
officer lawfully appointed to decide litigated Example: The Court of Appeals
questions according to law.
- term employed to designate a public officer 5. A court has exclusive jurisdiction if it can try and
selected to preside and to administer the law in a decide a case which cannot be presented before
court of justice (Moreno, 2009) any other court.
2. Jurisdiction –(derived from the Latin word Example: Sandiganbayan, cases that involve high
“juris” and “dico” meaning – “I speak by the Law”) ranking public officials in relation to the
is the power and authority of a court to hear, try performance of their official functions can only
and decide cases. be filed and tried in the Sandiganbayan because
3. Venue – refers to the place where the action the Sandiganbayan has exclusive jurisdiction over
must be instituted and tried. (Moreno, 2009) them.
4. Jurisprudence – decisions of the SC considered
as part of the laws of the land. 6. Jurisdiction is concurrent if any of two or more
courts may take cognizance of a case.
B. CLASSIFICATION OF JURISDICTION
Jurisdiction may be classified into the following C. THE PHILIPPINE JUDICIARY
kinds: The provisions of the Constitution on the Judicial
Department as one of the three (3) equal
General, limited, original, appellate, exclusive and branches of the government can be found on:
concurrent. a. Article 8 of the 1987 Philippine Constitution
1. A court has general jurisdiction if it is
empowered to decide all disputes which may b. There is also the Batas Pambansa Blg 129,
come before it. otherwise known as the Judiciary Reorganization
Act of 1980
which defines the organization, composition and 5. Supreme Court
jurisdiction of the courts. Appellate jurisdiction: Decisions or
judgements of the CA and the
DIFFERENT COURTS Sandiganbayan.
1. Municipal Trial Court/Municipal Circuit - Highest Court of the Land
Trial Court/Metropolitan Trial Court - Headed by the Chief Justice and 14
Original Jurisdiction: (a) all violations of city Associate Justices
and Municipal ordinances, (b) all offenses - All members of the SC are appointed by
punishable with imprisonment not the President from a list of recommendees
exceeding six (6) years irrespective of the presented by the Judicial and Bar Council
amount of fine, (c) damage to property (JBC).
through criminal negligence; - All members serve until they reach the age
of 70 unless removed by impeachment or
2. Regional Trial Court (RTC) become incapacitated to discharge the
Original Jurisdiction: (a) those which carry duties of their office.
the penalties exceeding six (6) years of
imprisonment, (b) those not covered by SPECIAL COURTS
the jurisdiction of the Sandiganbayan. 1. Court of Tax Appeals (CTA)
- presided by a Regional Judge - created under RA 1125 as amended by R.A 9282
- composed of three (3) judges
3. Sandiganbayan
Original Jurisdiction: Violations of RA 3019
(Anti-graft and Corrupt Practices Act), RA - has exclusive appellate jurisdiction to review on
appeal decisions of the Commissioner of Internal
1379, ad Chapter II, Section 2 Title VII, f Revenue involving revenue taxes and decisions of
Book II of the RPC. the Commissioner of Bureau of Customs involving
1. officials of the executive branch of the customs duties.
government occupying the positions of
regional director and higher, otherwise 2. SANDIGANBAYAN
classified as Grade 27 and higher. - created pursuant to PD 1606
2. Phillipine Army and Air force colonels, - composed of a Presiding Justice and 14 Associate
naval captain and all officers of higher rank. Justices
3. Officer of the PNP (provincial director - tasked to handle criminal cases involving graft
and those holding the rank of senior and corruption and other offenses committed by
superintendent or higher high ranking public officers and employees in
connection with the performance of their
4. Court of Appeals. functions
Appellate jurisdiction: Decisions or
judgements of the RTC 3. Sharia Courts
- headed by a Presiding Justice and - created pursuant to PD 1083, otherwise known as
composed of sixty- eight (68) Associates the “Code of Muslim Personal Laws of the
Justices. They are all appointed by the Philippines”
President. They sit by division and each - created as part of the judicial system
division is composed of three (3) members.
- Courts of b. To rule on the procedural
limited jurisdiction known as the Sharia District matters as raised by the defendant or the
Court are presided by District Judges prosecutor during the trial;
- Sharia Circuit Trial Courts are presided by Circuit c. To impose sentence or not;
Judges d. To convict or to acquit the accused;
e. To revoke probation or suspended
Five (5) main stages of the proceedings: sentence.
1. Arraignment = formal reading of the charges
before the accused in an open court and asking ARRAIGNMENT
him whether he pleads guilty or not guilty as It is the stage where the issues are joined in
charged. Pleas is the answer given by the accused criminal action and without which the proceedings
during arraignment (30 days) cannot advance further.
2. Pre Trial = a mandatory conference in a criminal It is the stage of the proceedings whereby
proceeding called by the judge requiring the the accused shall be informed of his/her
presence of both party. Its purpose is to expedite constitutional right to be (officially) informed of
the trial of the case. (30 days) the nature and the cause of the accusation against
3. Trial = is the examination before a competent him and to ask him of his plea.
tribunal of the facts put in issue in a case (180 days)
4. Judgement = the adjudication by the court that JUDGEMENT
the accused is guilty or not guilty of the offense It is the adjudication by the court that the accused
charged and the imposition of the proper penalty is guilty or not of the offense charged
and civil liability, if any. It must be written in the and the imposition on him of the proper penalty
official language, personally and directly prepared and civil liability, if any. It must be written in the
by the judge and subscribed by him. It shall contain official language, personally and directly prepared
clearly and distinctly a statement of the facts and by the judge and signed by him and shall contain
the laws upon which it is based. It can either be a clearly and distinctly a statement of the facts and
Judgement of conviction or Judgement of the law upon which is based. If the judge is absent,
acquittal. the judgment may be promulgated by the clerk of
Decision – the judgement rendered by a court.
court of justice or other competent
tribunals CONTENTS OF JUDGEMENT
1. Judgement of Conviction
5. Appeal = is the elevation by an aggrieved party - when the judge finds the accused guilty of the
of any decision, order or award of a lower court to charges against him
a higher body, by means of document which - the legal qualification of the offense constituted
includes the assignment of errors, memorandum by the acts committed by the accused and the
of arguments in support thereof, and the reliefs aggravating or mitigating circumstances which
prayed for (Moreno, 2009) attended its commission.
On appeal the state is represented by the Solicitor - the participation of the accused whether as
General. principal, accomplice or accessory after the fact.
- The penalty imposed upon the accused
COURT’S EXERCISE OF DISCRETION: - the civil liability or damages caused by his
a. To set bail or set conditions for the release wrongful act or omission to be recovered from the
of the accused; accused by the offended party unless the
enforcement
of the civil liability by a separate civil action has WHO HAS THE RIGHT TO APPEAL?
been reserved or waived. As a rule, this right is only granted to the
convicted offender. However, the Supreme Court
2. Judgement of Acquittal in one of its landmark decision held that the right
-When the judge finds the accused not guilty of the to appeal shall not be denied to the government
-charges against him. prosecutor when proper.
- shall state whether the evidence of the
prosecution absolutely failed to prove the guilt of FOURTH PILLAR. CORRECTIONS
the accused or merely failed to prove his guilt The fourth pillar of the CJS
beyond reasonable doubt. Correction= is that branch of
administration of criminal justice charged with the
RENDITION OF JUDGMENT responsibility for the custody, supervision and
the writing of the judgment by the judge.
rehabilitation of convicted offenders. It can either
be Institutional or Non-institutional (Community-
PROMULGATION OF JUDGMENT
The judgment is promulgated by reading it based program)
in the presence of the accused and any judge of
Penology- a branch of criminology which deals
the court in which it was rendered. However, if the
conviction is for a light offense, the judgment may with the treatments, management and
be pronounced in the presence of his counsel or administration of inmates.
representative. When the judge is
absent or outside the province or city, the

Penalty- the suffering that is inflicted by the state
judgment may be promulgated by the clerk of
court. for the transgression of the law.
Theories_Justifying_Penalty
WEIGHT OF THE EVIDENCE REQUIRED IN ORDER
TO CONVICT THE ACCUSED Prevention- the state punishes the criminal to
The weight of the evidence required in
prevent or suppress the danger to the state and to
order to convict an accused is “Proof beyond
reasonable doubt” the public arising from the criminal acts of the
offender.
ACQUITTAL
It is a finding of not guilty based on the Reformation- the state punishes the criminal to
merits. Meaning, the accused is acquitted because help him reform or be rehabilitated.
the evidence does not show that his guilt is
beyond reasonable doubt. Exemplarity- the State punishes the criminal to
serve as an example to other and discourage
APPEAL others from committing crimes.
Appeal is a statutory right granted to the
accused or even the government in proper cases Justice- the State punishes the criminal as an act of
to seek remedy before an Appellate Court for the retributive justice, a vindication of absolute right
annulment or reversal of an adverse decision or and moral law violated by the criminal.
conviction rendered by the Trial Court.
2. According to fine:
Judicial_Condition_of_Penalty
a. National or insular- one who is sentenced to
Judicial and legal- penalty must be imposed by the
serve a prison term of three years and one day to
proper authority and by virtue of a judgment as
death or whose fine is more than P6,000.00, or
prescribed by law.
both.
Definite- penalty must be specific and exact.
b. City/Provincial prisoner- one who is sentenced
Commensurate- penalty must be proportional to to serve a prison term of six months and one day
the gravity or seriousness of the crime committed. to three years or whose fine is less than P6,000.00
but more than P200.00, or both.
Personal- penalty must be imposed only to the
person who actually committed the crime with no c. Municipal prisoner- one who is sentenced to
substitutes. serve a prison term of one day to six months or
whose fine is not more than whose fine is not
Equal- penalty must be applied to all who more than P200.00, or both.
committed the offense.
3. According to status
Prison law- basic law in the Philippines Prison
System found in the Revised Administrative Code.
Philippine Prison System- patterned after the US a. Detention prisoners- those held for security
Federal Prison System. reasons, investigation; those awaiting or
undergoing trial and awaiting judgment.
P.D. 29- the law that classified prisoners.
b. Sentenced prisoners- those convicted by final
Classification of Prisoners judgment and serving their sentence.
1. According to Sentence/place of confinement. Prison- institutions for confinement of convicted
a. National or Insular Prisoner- one who is offenders sentenced to more than three (3) years
sentenced to serve a prison term of three- of imprisonment.
_and_one_day_to_death. -derived from the Greco-Roman_word_”presidio”
b. Provincial Prisoners- one who is sentenced to -administered by the National Government under
serve a prison term of six months and one day to Bureau of Corrections.
three years.
-also called national prisons and also includes the
c. City Prisoners- one who is sentenced to serve a penal colonies and penal farms.
prison term of one_day_to_three_years.
d. Municipal Prisoners- one who is sentenced to

serve a prison term of one_day_to_six_months
Jails- a. Absolute Pardon- the extinction
institutions for confinement of convicted of the criminal liability of the individual to whom it
offenders sentenced to imprisonment of three (3) is granted without any condition and restores to
years or less the individual his civil rights
-institution for the confinement of those still b. Conditional Pardon- the extinction of the
undergoing trial or awaiting judgment. criminal liability of an individual from the
punishment which the law inflicts for the offense
-derived from the Spanish word “jaula” and
he has committed, within certain limits or
“caula”
conditions.
Provincial jails are administered and supervised by
2. Commutation of Sentence- reduction of the
their respective provincial governor.
sentence, from a heavier sentence to a less serious
City and municipal jails are administered and one, or from longer prison term to a shorter one.
supervised by the Bureau of Jail Management and
3. Amnesty- an act of sovereign power granting
Penology.
oblivion or general pardon for the past offense,
Executive Clemency= Collective term for absolute usually granted in favor of certain classes of
pardon, conditional pardon and commutation of persons who have committed crimes of political
sentence. (PARC) character, such as treason or rebellion.
= Granted by the Chief Executive Officer 4. Commutation of Sentence- reducing the period
(President of the Philippines). of imprisonment into shorter period.
KINDS OF EXECUTIVE CLEMENCY
1. Pardon- an act of grace proceeding from the 5. Reprieve - temporary suspension of the
power entrusted with the execution of the laws execution of sentence.
which exempts the individual on whom it is
Parole- a method by which a prisoner who has
bestowed form the punishment the law inflicts for
served a portion of his sentence is conditionally
a crime he has committed.
released but remains in legal custody, the
-granted by the President after conviction by trial condition being that in case of misbehavior, he
judgment. shall put back to prison.
-Extinguishes only criminal liability but not the civil granted to convicted offenders who have served a
liability. portion of their sentence as provided by law
granted by the Board of Pardons and Parole.
Kinds of Pardon:
MITTIMUS
It is a renamed the New Bilibid Prison on
warrant issued by a court bearing its seal and the January 22, 1941.
signature of the judge directing the jail or prison
authorities to receive the convicted offender for It is consist of: (1) the Main building, (2) the
service of sentence. Camp Sampaguita (the medium camp), and
(3) the Camp Bukang Liwayway (the
COMMITMENT ORDER
minimum security camp).
It is a written order of a court or authority
consigning a person to jail or prison for detention. 4. Correctional Institution for Women –
located at Mandaluyong City. Philippine
PURPOSES OF CORRECTION Legislature passed Republic Act 3579 in
1. Deterrence. November 1929 which authorize the
2. Rehabilitation. transfer of all women inmates from Old
3. Reintegration Bilibid Prison to CIW. On February 14, 1931,
4. Isolation and Incapacitation. the women prisoners were transferred
5. Punishment. from Old Bilibid Prison to the building
especially constructed to them. Its old
DIFFERENT CORRECTIONAL INSTITUTIONS IN THE name “Women’s Prison” was changed to
PHILIPPINES “Correctional Institution for Women”.
1. Sablayan Prison and Penal Farm – located 5. Iwahig Penal Colony – located at Palawan,
in Occidental Mindoro. Established on
established on November 16, 1904 by
September 26, 1954 by virtue of
Governor Luke Wright. Established by the
Presidential Proclamation No. 72.
It is the youngest colony of the bureau. American as luhit Penal Settlement later
known as Iwahig Penal Farm which is
2. Leyte Regional Prison – situated in originally designed to confine incorrigibles
Abuyog, Southern Leyte, established a with little hope of rehabilitation.
year after declaration of Martial law in 1972.

Under Proclamation No, 1101 6. San Ramon Prison and Penal Farm –
established in Southern Zamboanga on
3. New Bilibid Prison – located in Muntinlupa, August 21, 1870 through a royal decree
it was officially named New Bilibid Prison promulgated in 1869. Considered the
on January 22, 141. oldest penal facility in the country.
Established by Comm. Act No. 67 in Originally established to confine Muslim
southern suburb of Muntinlupa, Rizal in rebels and recalcitrant political prisoners
1935. Making it the new National Prison and opposed to Spanish rule. It was here in
Dapitan Zamboanga where Dr. Jose Rizal
the old prison was transformed into a
was incarcerated.
receiving center. In November 15, 1940, all
inmates of the Old Bilibid prison were 7. Davao Penal Colony – located in Davao Del
transferred to the new site. It was officially Norte, the first penal settlement founded
and organized under Filipino
constitutional power to grant,
administration. It was formally established
except in cases of impeachment, pardon,
on January 21, 1932 by virtue of Act No.
reprieve and amnesty after conviction by
3732.
final judgment.
History:
A. CORRECTIONAL AGENCIES IN THE PHILIPPINES
Act 4103, otherwise known as
1. Institutional Corrections Agencies
Indeterminate Sentence Law, took
a. Bureau of Corrections – an agency under
effect on December 4, 1933, created
the Department of Justice (DOJ) that is
the Board of Indeterminate
charged with custody and rehabilitation of
Sentence.
national offenders, that is, those
Amended by Executive Order No.
sentenced to serve a term of imprisonment
83, Series of 1937, renamed the
of more than three (3) years. It exercises
Board of Indeterminate Sentence to
control and supervision of all the
Board of Pardons.
corrections/prisons facilities nationwide.
Amended by Executive Order No.
94, abolished the Board of Pardons
b. Provincial Jails – a jail for the safekeeping
and created the Board of Pardons
of prisoners at the capital of each province,
and Parole.
and in the absence of special provision all
3. Department of Social Welfare and
expenses incident to the maintenance
Development (DSWD) – renders services
thereof and of maintaining prisoners are
for Children in Conflict with the Law (CICL)
borne by the province.
(RA 9344, Juvenile Justice and Welfare Act
of 2006, April 28, 2006).
c. Bureau of Jail Management and Penology
SEC. 6. Minimum Age of Criminal
(BJMP) – created by virtue of Republic Act
Responsibility. - A child fifteen (15)
6975, exercise supervision and control over
years of age or under at the time of
all district, city and municipal jail
the commission of the offense shall
nationwide. Formally established on
be exempt from criminal liability.
January 2, 1991.
However, the child shall be
subjected to an intervention
B. NON – INSTITUTIONAL CORRECTIONAL
program pursuant to Section 20 of
AGENCIES
this Act.
1. Parole and Probation Administration – an
A child above fifteen (15) years but
attached agency of the DOJ which provides
below eighteen (18) years of age
a less costly alternative to imprisonment of
shall likewise be exempt from
offenders who are likely to respond to
criminal liability and be subjected to
individualized community based treatment
an intervention program, unless
programs. Headed by an Administrator
he/she has acted with discernment,
- Handles the investigation of
in which case, such child shall be
petitioners for probation, and the
subjected to the appropriate
supervision of probationers, parolees and
proceedings in accordance with this
conditional pardonees.
Act.
2. Board of Pardons and Parole –the
The exemption from criminal
administrative arm of the President of the
liability herein established does not
Philippines in the exercise of his
include exemption from civil
The court may, after it shall
liability, which shall be enforced in
have convicted and sentenced a child in conflict
accordance with existing laws.
with the law, and upon application at any time,
place the child on probation in lieu of service of
Juvenile Justice and Welfare Council (JJWC) - A
his/her sentence taking into account the best
Juvenile Justice and Welfare Council
interest of the child. For this purpose, Section 4 of
(JJWC) is hereby created and
Presidential Decree No. 968, otherwise known as
attached to the Department of
the "Probation Law of 1976", is hereby amended
Justice and placed under its
accordingly.
administrative supervision. The
JJWC shall be chaired by an
PROBATION
undersecretary of the Department
- Is a disposition under which a defendant
of Social Welfare and Development
after conviction and sentence, is released
subject to conditions imposed by the court
Duties During Initial Investigation.
and under the supervision of a probation
- The law enforcement officer shall, in
officer.
his/her investigation, determine where the case
- Is a privilege granted by the court to a
involving the child in conflict with the law should
person convicted of a criminal offense to
be referred.
remain in the community instead of
The taking of the statement of the child
actually going to prison.
shall be conducted in the presence of the
following: (1) child's counsel of choice or in the
PARDON
absence thereof, a lawyer from the Public
Is an act of grace proceeding from the power
Attorney's Office; (2) the child's parents, guardian,
entrusted with the execution of the laws which
or nearest relative, as the case may be; and (3) the
exempts the individual on whom it is bestowed
local social welfare and development officer. In
from the punishment the law inflicts for the crime
the absence of the child's parents, guardian, or
he has committed. It is the power reposed by the
nearest relative, and the local social welfare and
Constitution to the President of the Philippines.
development officer, the investigation shall be
conducted in the presence of a representative of
KINDS OF PARDON
an NGO, religious group, or member of the BCPC.
a. Absolute Pardon – when the convict is
After the initial investigation, the local
release without any condition;
social worker conducting the same may do either
b. Conditional Pardon – when the release of
of the following:
the convict is subject to certain conditions
(a) Proceed in accordance with Section 20
that the pardonee must comply with
if the child is fifteen (15) years or below or above
strictly. Otherwise, such pardon will be
fifteen (15) but below eighteen (18) years old, who
revoked, because pardon is a contract with
acted without discernment; and
the convict may or may not accept, but
(b) If the child is above fifteen (15) years old
once accepted, he has to abide with the
but below eighteen (18) and who acted with
conditions prescribed.
discernment, proceed to diversion under the
following chapter.
PAROLE
Is a procedure by which prisoners are
Probation as an Alternative to Imprisonment
selected for release on the basis of the individual
response to the correctional institution and the
service The fifth pillar of the CJS
progress and by which they are provided with the The citizens can achieve these roles:
necessary controls and guidance as they serve the a. identifying offenders
remainder of their sentences within the free b. giving data about the illegal activities and
community. cohorts of the criminals, and the
proliferation of organized crimes and
ELEMENTS OF PAROLE syndicates;
a. That the offender is convicted; c. volunteering as witnesses;
b. That he serves part of his sentence in d. adopting precautionary and remedial
prison; measures to diminish crime.
c. That he is released before the full As had been pointed out, crime prevention is
expiration of his sentence; not the sole responsibility of the police but is
d. That said release is conditional, and equally the concern of every citizen in order to
e. That he remains on parole until the have a peaceful place to live in.
expiration of his maximum sentence.
Examples of Community participation in the
DISQUALIFICATIONS: Administration of Criminal Justice
a. Their offenses are punished with death in our setting
penalty, reclusion perpetua or life a. They are the following:
imprisonment; 1. The growing interest in the rights and
b. They were convicted of treason, welfare of the victim as shown by the
conspiracy, or proposal to commit treason, government with the cooperation of
misprision of treason, rebellion, sedition or community leaders. Accordingly, R.A.
coup d’ etat and piracy or mutiny on the No. 6981, otherwise known as the
high seas or Philippine waters; “Witness protection and Security Act”
c. They are habitual delinquents; was passed and approved on April 24,
d. They escaped from confinement or evaded 1991.
sentence;
e. They have been on conditional pardon and This is to encourage the citizenry to
had violated any of the conditions imposed participate in the Criminal Justice System by
by the Board helping the government and The community in
f. Their sentence do not exceed one (1) year; dealing with crime and criminals.
g. They are suffering from any mental
disorder as proven by the government The Creation of Police-Community Relations
psychiatrist or psychologist accredited by R.A. 6975, created this unit in order to implement
the Department of Health; plans and programs that will
h. They have pending criminal cases. promote community and citizens’
participation in the maintenance of
AMNESTY peace and order and public
Is a general pardon extended to a group of safety.[2] It was created to
prisoners and exercised by the President of the establish harmonious relationship
Philippines with the concurrence of Congress. The between the police and the citizen.
recipients are usually political offenders. The community involvement in the
criminal justice system is necessary
FIFTH PILLAR. COMMUNITY to show its problems and
2) What shall be the composition of
encourage action for the solution
the Lupon?
thereof. It is clear that the police
The Lupon shall be composed of the
and the citizens need each other to
Barangay Chairman as Chairman of the
combat and eradicate criminality.
Lupon and the Barangay Secretary as the
Secretary of the Lupon, plus other
HOW CAN POLICE-COMMUNITY RELATIONS BE
members who shall be not less than ten
ACHIEVED?
(10) but not more than twenty (20).
This can be done through:
a. Constant dialogues between seminars to
3) Who are qualified to become members of the
acquaint the barangay tanods and the
Lupon?
police aides of their duties and
Any resident of the barangay of reputable
responsibilities in the performance of their
character may be appointed as member of
functions in the community;
the Lupon. Members of the Lupon shall be
b. The police must follow the rule of law on
appointed by the Barangay Chairman.
dealing with the citizens by performing
their duties in a humble and efficient
4) When shall the Lupon be constituted?
manner and by showing the public
The Lupon shall be constituted every three
goodwill
years.
KATARUNGANG PAMBARANGAY (VILLAGE
5) What is the term of office of a Lupon member?
JUSTICE)
A Lupon member shall serve for a period of
BRIEF HISTORY OF THE KATARUNGANG
three years.
PAMBARANGAY
PD 1293 – the law “CREATING A KATARUNGANG
6) What is the basic function of the Lupon?
PAMBARANGAY COMMISSION TO STUDY THE
Essentially, the Lupon must provide a
FEASIBILITY OF RESOLVING DISPUTES AT THE
forum for matters relevant to the amicable
BARANGAY LEVEL
settlement of disputes for the speedy
resolution of disputes.
- promulgated on 27 January 1978
7) What is PANGKAT TAGAPAGKASUNDO?
PD 1508 – the law “ESTABLISHING A SYSTEM OF
It shall act as the conciliation panel. It is
AMICABLY SETTLING DISPUTES AT THE
also referred to as the PANGKAT.
BARANGAY LEVEL
RA 7160 – otherwise known as the “LOCAL
8) What shall be the composition of the Pangkat?
GOVERNMENT CODE OF 1991
It shall be composed of three (3) members
- provides for the REVISED
chosen from the members of the Lupon.
KATARUNGANG PAMBARANGAY LAW
They shall choose from among the three of
- enacted on 10 October 1991
them the Pangkat Chairman and Pangkat
Q & A:
Secretary.
1) What is LUPONG TAGAPAMAYAPA?
It is a body of men created to settle
9) When shall the Pangkat be constituted?
disputes within the barangay level. It is
The Pangkat shall be constituted whenever
also referred to as the LUPON.
a dispute is brought before the Lupon.
10) Who shall d) those arising at the
appoint the members of the Pangkat? workplace where the contending
The members of the Pangkat shall be parties are employed or at the
chosen by the parties of the dispute from institution where such parties are
among the Lupon members. In case of enrolled for study shall be brought
disagreement, the Barangay Chairman in the barangay where such
shall draw lots. workplace or institution is located.
11) What matters fall under the jurisdiction of the PROCEDURE FOR AMICABLE SETTLEMENT
Lupon? 1) Who may initiate proceedings?
a) those involving offenses that Any individual who has a cause of action
are punishable by the against another individual involving any matter
imprisonment of one year and within the authority of the Lupon may complain,
below, or a fine in the amount of orally or in writing, to the Lupon.
five thousand pesos and below;
b) those involving parties that COMPLAINANT – the person who filed the
actually reside or work in the complaint against the respondent
same barangay;
c) those involving marital and RESPONDENT – the person who is being
family disputes; complained of
d) those involving minor disputes
between neighbors; CAUSE OF ACTION – an act or omission of one
e) those involving real properties party in violation of the legal rights of another for
located in the barangay; which the latter suffers damage which affords a
party to a right to judicial intervention
12) Where shall be the venue for amicable 2) What shall the Chairman do upon receipt of the
settlement? complaint?
a) disputes between persons actually The Chairman shall meet with the
residing in the same barangay shall respondent and complainant and mediate.
be brought for amicable settlement If he fails in his mediation within fifteen (15)
before the Lupon of said barangay; days, he shall set a date for the constitution
b) those involving actual residents of of the Pangkat.
different barangays within the
same city or municipality shall be MEDIATION OR CONCILIATION – the process
brought in the barangay where the whereby disputants are persuaded by the Punong
respondent actually resides; Barangay or Pangkat to amicably settle their
c) all disputes involving real property disputes
or any interest shall be brought in
the barangay where the real 3) What shall the Pangkat do after its constitution?
property or the larger portion is The Pangkat shall meet not later than three
situated; (3) days after their constitution, on the
date
set by the Chairman, to hear both parties.
4) Within how may days should the Pangkat settle

the dispute?
The Pangkat shall arrive at a settlement of
the dispute within fifteen (15) days from its
meeting. This period may be extended for
another fifteen (15) days, at the discretion
of the Pangkat.
5) How shall the settlement be made official?

All amicable settlement shall be in writing.
6) Why should parties resort to amicable

settlement before going to the police?
Because it is a pre-condition to filing of complaint
in court:
“No complaint involving any matter
within the authority of the Lupon shall be
filed directly in court unless there has been
a confrontation between the parties
before the Chairman or the Pangkat, and
that no conciliation or settlement has been
reached as certified by the Secretary, or
unless the settlement has been repudiated
by the parties.”
7) What shall be the effect of the amicable

settlement?
The amicable settlement shall have the
force and effect of a final judgment of a court
upon the expiration of ten (10) days from the
date of settlement.
CRIM. 3: ETHICS AND VALUES 2. Human Acts in relation to reason:

ETHICS HUMAN ACTS – actions that are done knowingly,
- the science of the morality of human acts deliberately and freely
- the study of the human motivation, and
ultimately of human rational behaviour ELEMENTS OF HUMAN ACTS
- derived from the Greek word, ethos, 1) KNOWINGLY
which means characteristic way of acting - when the person fully understands what he is
and ethikos, which means customary doing and has the ability to appreciate the
- consequences of his actions
DIVISION OF ETHICS 2) DELIBERATELY
1. GENERAL ETHICS – presents the general - when the person did his actions intentionally
principles of morality of human acts 3) FREELY
2. SPECIAL ETHICS – provides for the application - when the person performed his actions
of the principles of general ethics to particular voluntarily
department of human activity, individual or social
MODIFIERS OF HUMAN ACTS:
MORALITY 1. Ignorance
- the quality which makes an act good or bad, 2. Concupiscence
good or evil, right or wrong 3. Fear
4. Violence
MORAL DISTINCTIONS 5. habit
1) moral - good, right
2) immoral - bad, wrong IGNORANCE – the absence of knowledge that is
3) amoral - neither good nor bad ought to be present.
- Absence of intellectual knowledge in man
HUMAN ACTS Kinds of Ignorance
- acts that are done knowingly, deliberately 1. Vincible – ignorance that can be dispelled by
and freely ordinary diligence.
a. Crass (supine) ignorance – a form of vincible
CLASSIFICATION OF HUMAN ACTS ignorance which is a result of total or nearly total
1. Human Acts in relation to the will: lack of effort to dispel it
a. Elicited Acts are those human acts that are b. Simply vincible – if there is some effort worthy
complete or adequate cause. They begin and of name, but not persevering & wholehearted
perfected inn the human will itself such as wish, effort, be unsuccessfully employed to dispel it.
intention, consent, election and others. c. Affected – if positive effort is made to retain it.
Wish - simple love of anything 2. Invincible ignorance – ordinary and proper
Intention – the purposive tendency of the will diligence cannot dispel
toward a thing regarded as realizable. a. Physical – no human effort can dispel it
Content – the acceptance by the will of the b. Morally – effort as good and prudent man
means necessary to carry out intention. would expend to dispel the ignorance taking into
b. Commanded Acts are those which are done in account the character and importance of the
relation to the dictates of reason. They began in matter about which ignorance exists is found to
the will but are perfected by other faculties under be ineffective.
c. Police ethics
CONCUPISCENCE – refers to those bodily
appetites or tendencies which are called passions. POLICE ETHICS
- an example of professional ethics
Kinds of concupiscence - a practical science that treats the principle
1. Antecedent – when the concupiscence spring of human morality and duty as applied to
into action unstimulated by any act or will, law enforcement
2. Consequent – when the will, directly or
indirectly stirs them up or foster them. VALUES
- anything that a person considers
MORALITY – the quality which makes an act good important in life, such as material things,
or bad, good or evil, right or wrong. ideas and experiences
Moral Distinctions:
1. moral – goof or right KINDS OF VALUES
2. immoral – bad, wrong 1) BIOLOGICAL VALUES
3. amoral – neither good or bad - those that are necessary for survival,
such as food, shelter, clothing, sex, water,
BASIS OF MORALITY sleep
1. SOCIAL NORMS – unwritten standard of - include the physiological needs of man as
acceptable behavior in society man
a. customs 2) PSYCHOLOGICAL VALUES
b. tradition – the handling down from generation - those are that are necessary for
to generation of opinions and practices. emotional fulfillment of man, such as
c. culture relationships, companionship, family,
2. LAWS OF SOCIETY – written rules of behavior. friendships, love
a. laws created by men to maintain harmony and 3) INTELLECTUAL VALUES
order - those that are necessary for the
3. RELIGION – a system of beliefs and practices intellectual fulfillment of man, such as
based on faith and truths revealed to man by GOD. achievements, career, success
4. CONSCIENCE – the practical judgement of 4) MORAL VALUES
reason telling us what should be done and what - those that are necessary for the spiritual
should be avoided, reflection is one’ character. fulfillment of man
5. CHARACTER – refers to the traits of a person
shown through his thoughts, actions, values and VIRTUE/S
virtues. - a habit that inclines the person to act in a
way that harmonizes with his nature
PROFESSIONAL ETHICS - the habit of doing good
- a set of moral code to which every - the opposite is vice, the habit of doing bad
profession must subscribe
- guides the professional where the law is FOUR MORAL/CARDINAL VIRTUES
silent or inadequate 1) PRUDENCE
- example of professional ethics - the ability to govern and discipline oneself
a. legal ethics by means of reason and sound judgment
- the virtue that attracts the intellect to
b. code of ethics of public officials choose the most effective means for
accomplishing what is morally good and

RIGHT
avoiding what is evil
- anything that is owed or due
2) TEMPERANCE
- something to which a person has a just and
- one’s ability to moderate or avoid
lawful claim
something
- anything that a person can lawfully demand
- the virtue that regulates the carnal
appetite for sensual pleasures
HUMAN RIGHTS
3) FORTITUDE
- rights pertaining to the rights of man
- firmness of mind
- rights inherent to man by virtue of being a
- the courage to endure without yielding
human being
- the virtue that incites courage
- are the supreme, inherent and inalienable
a) PATIENCE – calmness and composure
rights to life, dignity and to self-development
in enduring situations
supreme rights = highest form of rights
b) PERSEVERANCE – the ability to go on
inherent rights = rights attached to men as
despite the obstacles
human
c) ENDURANCE – the ability to last
inalienable rights = rights that cannot be
4) JUSTICE
transferred, cannot be borrowed and cannot
- the virtue that inclines the will to give to
be taken away
each one of his rights
MEANING OF JUSTICE
BASIC HUMAN RIGHTS
- “ to render to each his due”
1) RIGHT TO LIFE
- “treat equals equally and unequal
Exceptions:
unequally in proportion to their
self-defense
inequality”
death under exceptional circumstances
THREE DIVISIONS OF JUSTICE
death penalty
1) COMMUTATIVE
- virtue that regulates those actions that
2) RIGHT TO LIBERTY
involve the rights that exist between one
Exceptions:
and another
for reasons of public health and public safety
2) DISTRIBUTIVE
penalty for commission of a crime
- Regulates those actions that involve the
circumstances of warrantless arrests
rights than an individual may claim from
society
3) RIGHT TO PROPERTY
3) LEGAL
Exceptions:
- virtue that regulates those actions which
circumstances of warrantless search
society may justly require of the
by virtue of court order
individual for the common good
BILL OF RIGHTS
Restorative Justice – brings the offender and
- a list of individual liberties, freedom and rights
the victim together & maximum participation
which are guaranteed and protected under
of the community to restore the balance in
Article III of the 1987 Philippine Constitution
the society without going through judicial
proceeding.
protection of individuals against abuses of the
Retributive justice – the law of retaliation
state
- 4) To enlighten members of
protection of the rights of an accused the police service of what behavior is really
acceptable – to define what is permitted
DUTY and what is prohibited.
- anything we are obliged to do or to omit
- a moral obligation incumbent upon a person LAWS RELATED TO THE PNP CODE
of doing, omitting or avoiding 1) RA 3019 – Anti-Graft and Corruption
- for every right, there is a corresponding duty Practices Act
2) RA 6713 – Code of Conduct and Ethical
PART TWO - THE PHILIPPINE NATIONAL POLICE Standards for Public Officials and
CODE OF PROFESSIONAL CONDUCT AND Employees
ETHICAL STANDARDS 3) RA 7080 – Anti-Plunder Act
4) RA 9485 – the Anti-Red Tape Act of 2007
BACKGROUND ON THE PNP CODE OF 5) PLEB Rules and Regulations
PROFESSIONAL CONDUCT AND ETHICAL
STANDARDS IMPORTANT TERMS
SECTION 37, RA 6975 NEGLECT OF DUTY / NON-FEASANCE

- the failure to perform an act or duty that is
“There shall be established a performance part of one’s obligation without sufficient
evaluation system which shall be administered in excuse
accordance with the rules, regulations and
standards, and A CODE OF CONDUCT promulgated MISCONDUCT/MALFEASANCE
by the Commission for members of the PNP…” - the commission of an act that one is
prohibited to do
NAPOLCOM RESOLUTION NO 92-4
- resolution issued by the NAPOLCOM IRREGULARITIES IN THE PERFOMANCE OF DUTY/
approving the draft of the Philippine MISFEASANCE
National Police Code of Professional - the improper or incorrect performance of
Conduct and Ethical Standards by the PNP an act that should be done or performed
- approved on 12 March 1992
INCOMPETENCY
PURPOSES OF THE CODE - lack of adequate ability and fitness for the
1) To foster individual efficiency, behavioral satisfactory performance of police duties;
discipline and organizational effectiveness, could be due to physical or intellectual
as well as respect for constitutional and limitations or lack of skill
human rights of citizens, democratic
principles and ideals and the supremacy of DISLOYALTY TO THE GOVERNMENT
civilian authority over the military; - abandonment or renunciation of one’s
2) To set the moral tone and norms of loyalty to the government of the
professional conduct in the police service; Philippines
3) To provide moral and ethical guidance to all

PNP members; and - advocating to overthrow the present
administration
I recognize the badge of my office
POLICE DISCRETION as a symbol of public faith and I accept it as a public
- the act or the liberty to decide according trust to be held so long as I am true to the ethics
to the principles of justice and
the police officer’s ideas of what is of police service. I will never engage in acts of
right and proper under the corruption or bribery, nor will I condone such acts
circumstances by other police officers. I will cooperate with all
legally authorized agencies and their
THE LAW ENFORCEMENT CODE OF ETHICS representatives in the pursuit of justice.
As a law enforcement officer, my I know that I alone am responsible for my

fundamental duty is to serve mankind; to own standard of professional performance and
safeguard life and property; to protect the will take every reasonable opportunity to enhance
innocent against deception; the weak against and improve my level of knowledge and
oppression or intimidation; and the peaceful competence. I will constantly strive to achieve
against violence or disorder; and to respect the these objectives and ideals, dedicating myself
constitutional rights of all men, to liberty, equality before God to my chosen profession... law
and justice. enforcement.
I will keep my private life unsullied as an PHILIPPINE NATIONAL POLICE CODE OF

example to all; maintain courageous calm in the PROFESSIONAL CONDUCT AND ETHICAL
face of danger, scorn or ridicule; develop self- STANDARDS
restraint and be constantly mindful of the welfare
of others. Honest in thought and deed in both my CANONS OF POLICE ETHICS
personal and official life, I will be exemplary in 1) Primordial Police Responsibility
obeying the laws of the land and regulations of my - the primary responsibility of the police is
organization. Whatever I see or hear of a crime prevention
confidential nature or that is confided to me in my 2) Limitation of Police Authority
official capacity will be kept ever secret unless - laws set limits to the power of the police
revelation is necessary in the performance of my - police officers are not exempted from
duty. obeying the laws they are enforcing
3)Knowledge of the Law and other
I will never act officiously or permit Responsibilities
personal feelings, prejudices, animosities or - police officers are expected to know and
friendship to influence my decision. With no understand the laws they are enforcing
compromise for crime and with relentless - police officers must fully understand their
prosecution of criminal, I will enforce the law duties and responsibilities as police officers
courteously and appropriately, without fear or - police officers must know and fully
favor, malice or ill-will, never employing understand the relationship of the PNP
unnecessary force or violence and never accepting organization with other law enforcement
gratuities in return. agencies and other government agencies
4) Use of Proper Means to Obtain Proper Ends
Means - ways, manner
Ends – goals, objectives

- 4) Use of Reasonable Force
police officers must only employ legal when Persuasion is not Sufficient
methods in the conduct of their work - the police may only use force when
5) Cooperation with Public Officials dialogue is no longer effective and the
- police officers must cooperate with other degree of force to be used must be
public officials and government agencies reasonable
6) Proper Conduct and Behavior 5) Impartial Enforcement of Laws
- police officers must always observe - the police must be fair in enforcing the
proper conduct and behavior both in their laws
personal and official life 6) The Community are the Police
7) Conduct towards the Community - the police and the community are
- police officers must never forget that they dependent on each other and must work
are public servants hand in hand to prevent crimes
8) Conduct in Arresting Law Violators 7) Police should not Usurp Judicial Power
- police officers must always adhere to the - the police has no power or authority to
prescribed rules when effecting decide whether a suspect is guilty or
arrests of suspects innocent of a crime because only the court
9) Firmness in Refusing Gifts has this power
- police officers must never ask for nor 8) Rules of Engagement Impartially
accept gifts or special favors Observed
10) Impartial Presentation of Evidence - the police must always adhere to the
- police officers must be fair in presenting prescribed procedures in the performance
evidence of their duty
11) Attitude towards Police Profession 9) Reduction of Crime and Disorder
- police officers must have a high regard for - the effectiveness of the police is
the police profession and must be measured through the ability of the police
proud that they are police officers to prevent crime
- police officers must strive to improve their 10) Police Discretion
knowledge and skills in order be the best - the police must never abuse the police
police officers that they can be discretion granted to them
PROFESSIONAL POLICE PRINCIPLE PNP CORE VALUES

1) Prevention of Crime and Disorder 1) Love of God
- it is the primary objective of the police to 2) Respect for Authority
prevent crime 3) Selfless Love and Service to People
2) Cooperation of the Community 4) Sanctity of Marriage and Respect for
- the police is dependent upon community Women
support 5) Responsible Dominion and Stewardship
3) Unreasonable Force Reduces Community over Material Things
Cooperation 7) Truthfulness
- the use of unreasonable force on the part
of the police negatively affects the desire POLICE OFFICER’S CREED
of the people to cooperate with the police I believe in God, the Supreme Being, a
Great Provider, and the Creator of all men and
everything
dear to me. In return, I cannot less than love Him g) CHARITY
above all, seek His guidance in the h) LOYALTY TO SERVICE
performance of my sworn duties and honor Him at 2) CAREER MANAGEMENT
all times. - the PNP shall formulate and implement
policies and human resources
I believe that respect for authority is a development system for all PNP personnel,
duty. I respect and uphold the Constitution, the from recruitment to retirement
laws of the land and the applicable rules and 3) POLICE MANAGEMENT LEADERSHIP
regulations. I recognize the legitimacy and - the primary basis for consideration in the
authority of the leadership, and follow and obey selection of personnel for employment and
legal orders of my superior officers. deployment shall be the individual’s
capabilities and competent leadership
I believe in selfless love and service to 4) EQUALITY IN THE SERVICE
people. Towards this end, I commit myself to the - there shall be judicious and equitable
service of my fellowmen over and above my distribution of opportunity to prove one’s
personal convenience. worth in the PNP service;
- the PNP shall strictly adhere to the rule of
I believe in the sanctity of marriage and merit and fitness system
respect for women. I shall set the example of 5) DELICADEZA
decency and morality and shall have high regard - all members of the PNP must have moral
for family life and chastity. courage to sacrifice self-interest
I believe in responsible dominion and 6) POLICE LIFESTYLE
stewardship over material things. I shall inhibit - the PNP shall endeavor to promote a
myself from ostentatious display of my property. I lifestyle that is acceptable and respectable
shall protect the environment and conserve in the eyes of the public because the public
nature to maintain ecological balance. I shall expects a police officer to live a simple, yet
respect private and public properties and prevent dignified life
others from destroying them. 7) POLITICAL PATRONAGE
- all PNP members must inhibit themselves
I believe in the wisdom of truthfulness. I from soliciting political patronage in
must be trustworthy and I shall speak the truth at matters pertaining to assignments,
all times as required by the profession. promotions, trainings and awards
8) HUMAN RIGHTS
PNP STAND OF BASIC ISSUES - all PNP members shall respect and protect
1) PNP IMAGE human dignity and man’s rights to life,
- the PNP shall live in accordance with the liberty and property
PNP Core Values and shall possess the
following virtues: POLICE PROFESSIONAL CONDUCT
a) HONOR 1) COMMITMENT TO DEMOCRACY
b) INTEGRITY - police officers must commit themselves to
c) VALOR a democratic way of life and values and
d) JUSTICE maintain the principle of public
e) HONESTY accountability
f) HUMILITY
9) RESPECT FOR HUMAN
- the shall at all times uphold the RIGHTS
Constitution and be loyal to the legitimate - police officers shall respect and protect
government human rights in the performance of their
2) COMMITMENT TO PUBLIC INTEREST duty
- police officers must always uphold public 10) DEVOTION TO DUTY
interest over and above personal interest - police officers shall perform their duties
- they shall use public resources and with dedication, thoroughness, efficiency,
properties economically and judiciously to enthusiasm, determination and manifest
avoid wastage of public funds concern for public welfare
3) NON-PARTISANSHIP 11) CONSERVATION OF NATURAL RESOURCES
- police officers shall provide services to - police officers shall help in the
everyone without discrimination development and conservation of our
regardless of political affiliation in natural resources for ecological balance
accordance with existing laws and and posterity
regulations 12) DISCIPLINE
4) PHYSICAL FITNESS AND HEALTH - police officers shall conduct themselves
- police officers shall strive to be physically properly at all times in keeping with the
and mentally fit and in good health at all rules and regulations of the organization
times 13) LOYALTY
5) SECRECY DISCIPLINE - police officers must be loyal to the
- police officers shall guard the Constitution and to the police service as
confidentiality of official information manifested by their loyalty to their
against unauthorized access and disclosure superiors, peers and subordinates as well
6) SOCIAL AWARENESS 14) OBEDIENCE TO SUPERIORS
- police officers, as well as their immediate - police officers shall obey lawful orders and
family members, shall be encouraged to be courteous to superior officers and other
actively get involved in religious, social and appropriate authorities
civic activities to enhance the image of the 15) COMMAND RESPONSIBILITY
PNP organization - immediate commanders shall be
7) NON-SOLICITATION OF PATRONAGE responsible for the effective supervision,
- police officers shall seek self-improvement control and direction of their personnel
through career development without
directly or indirectly soliciting favors or ETHICAL STANDARDS
recommendation from politicians, high- - shall refer to established and generally
ranking government officials and the like accepted moral values and ethical acts
8) PROPER CARE AND USE OF PUBLIC 1) MORALITY
PROPERTY - police officers must adhere to high
- police officers shall be responsible for the standard of morality and decency and
security, proper care and use of public shall set good example for others
authority issued to them for the 2) JUDICIOUS USE OF AUTHORITY
performance of their duties - police officers shall exercise proper and
legitimate use of authority and discretion
in the performance of their duty
3) INTEGRITY
SALUTE TO NATIONAL COLOR AND STANDARD
- police officers shall not allow themselves
- police officers must stand at attention and
to be victims of corruption and dishonest
salute the national color and standard as it
practices
passes by them or when the national color
4) JUSTICE
is raised or lowered during ceremonies
- police officers shall strive constantly to
respect the rights of others
ADDRESS/TITLE
5) HUMILITY -
- junior in rank must address senior
police officers shall recognize the fact that
members who are entitled to a salute with
they are public servants and not the
the “Sir” or “Ma’am”
masters of the people
- they should perform their duties without
COURTESY CALLS
arrogance
1) COURTESY CALL OF NEWLY-
- they should recognize their own
ASSIGNED/APPOINTED MEMBER
inadequacies, inabilities and limitations as
- PNP members who are newly-assigned or
individuals
appointed to a unit or command must call
- they should perform their duties without
on the chief of the unit or command and
attracting attention or expecting the
to other key personnel for accounting,
applause of others
orientation and other purposes
6) ORDERLINESS
2) CHRISTMAS CALL
- police officers shall follow logical
- PNP members pay a Christmas call on their
procedures in accomplishing tasks
local executives in their respective area of
assigned to them to minimize wasted time
responsibility
and resources
3) NEW YEAR’S CALL
7) PERSEVERANCE
- PNP members pay a New Year’s call on
- police officers must exert all efforts to
their commanders and/or key officials in
achieve their goal or mission even in the
their respective area of responsibility
face of difficulties and obstacles
4) PROMOTION CALL
- newly-promoted PNP members call on
PNP CUSTOMS AND TRADITIONS
their unit head
5) EXIT CALL
CUSTOMS
- PNP members pay an exit call on their
- established usage or social practices
superiors in the unit or command when
carried on by tradition that have obtained
relieved or reassigned out of said unit or
the force of law
command
PNP CUSTOMS ON COURTESY
COURTESY OF THE POST
- a manifestation or expression of
- the host unit extends hospitality to visiting
consideration and respect for others
personnel who pay respect to the
command or unit
SALUTE
- the usual greeting rendered by uniformed
personnel upon meeting and recognizing
persons entitled to it
“RANK-HAS-ITS-OWN-PRIVILEGE” TURN-OVER CEREMONY

- PNP members must acknowledge that - the relinquishment and assumption of
different ranks carry with them command or key position is publicly
corresponding privileges announced by the outgoing and incoming
officers
CEREMONY
- a formal act or set of formal acts WEDDING CEREMONY
established by customs or authority as - during marriage of PNP members, a
proper to special occasion ceremony is conducted with participants
in uniform and swords drawn
PNP CUSTOMS ON CEREMONIES
ANNIVERSARY
FLAG-RAISING CEREMONY - the birth or institutional establishment of
- PNP members honor the flag by raising it a command or unit is commemorated in
and singing the National Anthem before an anniversary ceremony
the start of the official day’s work
SOCIAL DECORUM
FLAG-RETREAT CEREMONY - a set of norms and standards practiced by
- PNP members salute the lowering of the members during social and other
flag at the end of the official day’s work functions
HALF-MAST PNP CUSTOMS ON SOCIAL DECORUM

- the flag is raised at half-mast in deference
to deceased uniformed members of the UNIFORM/APPEARANCE
command - police officers must observe the following:
a) wearing of prescribed uniform
FUNERAL SERVICE AND HONORS b) wearing, as part of the uniform,
- departed uniformed members, retirees, awards and decorations earned in
war veterans or former PNP members are accordance with the prescribed rules
given vigil, necrological services and and regulations
graveside honors c) adherence to haircut prescribed by
rules and regulations
CEREMONY TENDERED TO RETIREES
- in recognition of their long, faithful and MANNER OF WALKING
honorable service to the PNP, a - every PNP officer is expected to walk with
testimonial activity shall be tendered in pride and dignity
their honor
OTHER POLICE CUSTOMS
HONOR CEREMONIES 1) Visiting the Sick
- arrival and departure honor ceremonies - immediate commanders or other available
are rendered to visiting dignitaries, VIPs, officers of the unit visit PNP members
PNP officers with the rank of Chief who are sick in the hospital, their
Superintendent and above and AFP residence or any place of confinement in
officers of equivalent grade order that their needs are attended to
3) PATRIOTISM
2) Survivor Assistance to Heirs of Deceased - police officers manifest their love of
Members country with a pledge of allegiance to the
- a survivor officer is designated whenever flag and a vow to defend the Constitution
PNP members die, to render maximum 4) DISCIPLINE
assistance to their bereaved family until all - police officers manifest discipline by
benefits due shall have been received instinctive obedience to lawful orders and
3) Visiting Religious Leaders - through spontaneous actions towards
- PNP officer visit religious leaders in their attainment of organizational objectives
areas of assignment to establish or guided by moral, ethical and legal norms
maintain rapport and cooperation 5) GENTLEMANLINESS
between the different religious leaders - police officers are upright in character,
and the PNP polite in manners, dignified in appearance
4) Athletics and sincere in their concern for their
- PNP members indulge in physical fitness fellowmen
activities to ensure that their proper 6) WORD OF HONOR
physical appearance and bearing are - police officers stand by, and commit to
maintained with the waist line uphold, their word
measurement always smaller than the size 7) DUTY
of his chest and in conformity with the - police officers are dedicated public
standard set forth by the organization servants who perform their tasks with a
5) Happy Hours deep sense of responsibility and self-
- usually on Friday, or any other day suitable sacrifice
for the occasion, PNP members gather 8) LOYALTY
together at their PNP Club for a light- - police officers are traditionally loyal to the
hearted jesting or airing of minor gripes organization, country and fellowmen
9) CAMARADERIE
TRADITION - the binding spirit that enhances teamwork
- bodies of beliefs, stories, customs and and cooperation in the police organization
usages handed down from generation to
generation with the effect of an unwritten POLICE OFFICER’S PLEDGE
law 1) I will love and serve God, my country and
people;
POLICE TRADITIONS 2) I will uphold the Constitution and obey legal
1) SPIRITUAL BELIEFS orders of the duly-constituted authorities
- PNP members are traditionally religious 3) I will oblige myself to maintain a high standard
and God-loving persons; they attend of morality and professionalism
religious services together with the 4) I will respect the customs and traditions of the
members of their family police service; and
2) VALOR 5) I will live a decent and virtuous life and to serve
- police officers sacrifice their lives and as an example to others.
limbs for the people they have pledged to
serve PNP ETHICS DAY –
Celebrated early 7 january
Started on january 7 1995 community towards the attainment of a safe place

to live, work, invest and do business with.
PART THREE - POLICE-COMMUNITY RELATIONS
(PCR) PNP MISSION
To enforce the law, to prevent and control
BACKGROUND ON POLICE-COMMUNITY crimes, to maintain peace and order, and to
RELATIONS ensure public safety and internal security with
the active support of the community
Section 2 of Republic Act No 6975 reads:
IMPORTANT TERMS
SECTION 2. Declaration of Policy. — It is hereby
declared to be the policy of the State to promote POLICE
peace and order, ensure public safety and further - a group of persons established,
strengthen local government capability aimed maintained and organized for keeping
towards the effective delivery of the basic services order, safety, protection of lives and
to the citizenry through the establishment of a property and for prevention and detection
highly efficient and competent police force that is of crimes
national in scope and civilian in character. Towards
this end, the State shall bolster a system of COMMUNITY
coordination and cooperation among the citizenry, - refers to the civilian populace or the
local executives and the integrated law public in general, and shall be used
enforcement and public safety agencies created interchangeably with the terms, public,
under this Act. citizenry, society and private sector
- a body of people organized into political,
Said provision was later amended by RA 8551, municipal or social unity or a body of
which reads: persons living in the same locality
- derived from the Latin words, communis,
Section 2. Declaration of Policy and Principles. — which means common, and tatis which
It is hereby declared the policy of the State to means fellowship
establish a highly efficient and competent police
force which is national in scope and civilian in POLICE-COMMUNITY RELATIONS
character administered and controlled by a - the sum total of the dealings between
national police commission. the police and the people it serves, and
whose goodwill and cooperation it craves,
The Philippine National Police (PNP) shall be a for the greatest possible efficiency in the
community and service oriented agency service
responsible for the maintenance of peace and order - refers to the reciprocal attitudes of the
and public safety. police and the community
PNP VISION PUBLIC RELATIONS

The Men and Women of the PNP is - the act of bringing about better
committed to a vision of a professional, dynamic understanding, confidence and
and highly motivated Philippine National Police acceptance for an individual or an
working in partnership with a responsive organization
4) The degree of the cooperation of the

POLICE PUBLIC RELATIONS public that can be secured diminishes
- the continuing process by which proportionately the necessity for the use
endeavors are made to obtain the of physical force and the compulsion in
goodwill and cooperation of the public for achieving police objectives.
effective enforcement of the law and 5) The police seek and preserve public favor,
accomplishment of the police purposes not by catering to public opinion, but by
constantly demonstrating absolutely
HUMAN RELATIONS impartial service to the law, in complete
- consist of the fundamental rules both independence of policy, and without
moral and legal, which govern the regard to the justice or injustice of the
relationship of men in all aspects of life substance of individual laws; by ready
offering of individual service and
MEDIA/MASS MEDIA friendship to all members of society
- the channels through which information is without regard to their race or social
disseminated to the public standing, by ready exercise of courtesy
- may be in the form of television, movies, and friendly good humor, and by ready
radio or newspaper, and the like offering of individual sacrifice in
protecting and preserving life.
PROPAGANDA 6) The police should use physical force to the
- the planned use of mass communication extent necessary to secure observance of
for public purpose the law or to restore order only when the
exercise of persuasion, advice and
POLICE PUBLIC IMAGE warning is found to be insufficient to
- refers to how the people in the achieve police objectives; and police
community perceive or regard the police should use only the minimum degree of
physical force that is necessary on any
PRINCIPLES OF POLICING BY SIR ROBERT PEEL particular occasion for achieving police
1) The basic mission for which police exist is objectives.
to prevent crime and disorder as an 7) The police at all times should maintain a
alternative to the repression of crime and relationship with the public that gives
disorder by military force and severity of reality to the historic tradition that the
legal punishment. police are the public and the public are the
2) The ability of the police to perform their police; the police are only members of the
duties is dependent upon public approval public who are paid to give full-time
of police existence, actions, and behavior attention to duties that are incumbent on
and the ability of the police to secure and every citizen in the intent of community
maintain public respect. welfare.
3) The police must secure the willing 8) The police should always direct their
cooperation of the public in voluntary actions toward their functions and never
observance of the law to be able to secure appear to usurp the powers of the
and maintain public respect. judiciary by avenging individuals or the
state, or authoritatively judging guilt or
punishing the guilty.
9) The test of police efficiency is the absence OBJECTIVES OF POLICE-COMMUNITY RELATION

of crime and disorder, not the visible 1) To maintain and develop the goodwill and
evidence of police action in dealing with confidence of the community for the
them. police;
2) To obtain cooperation and assistance;
FOUNDATION OF COMMUNITY RELATIONS 3) To develop public understanding and
The foundation of community relations is support and appreciation for the service of
EFFICIENT SERVICE. the police;
4) To create broader understanding and
REQUIREMENTS FOR GOOD COMMUNITY sympathy with the problems and needs of
RELATIONS the police;
1) Sincerity in serving the public 5) To facilitate law enforcement and
2) Full knowledge of the job compliance;
3) Deep conviction in the mobility of his work 6) To build public opinion in favor of the
as a necessary service to promote police;
individual or national welfare 7) To achieve the police purpose of
4) Sound police ethics preserving the peace, protection of life
5) High standard of management and and property, and the prevention of crime.
operation
PRINCIPLES OF POLICE-COMMUNITY RELATIONS
THREE (3) ASPECTS OF POLICE-COMMUNITY 1) Community support must be maintained.
RELATIONS 2) Community resentment must be
1) COMMUNITY SERVICE avoided.
- activities that provide service to the 3) Community goodwill must be developed.
community 4) Community must be kept informed.
- may be in the form of medical-dental
mission, sports clinic, feeding programs, FOUR (4) GENERAL APPROACHES IN POLICE-
seminars, etc COMMUNITY RELATIONS
2) COMMUNITY PARTICIPATION 1) Externally-Oriented Approach
- involvement of the community in the - directed towards the general
various social projects, particularly, in the public or various enclaves within
area of crime prevention the society
- awareness of the community of their role 2) Youth-Oriented Approach
in crime prevention - directed the majority of police
3) PUBLIC RELATIONS efforts towards the youth of the
- activities directed at creating and community
maintaining favorable impressions to the 3) Service-Oriented Approach
public - emphasis is given to the alleviation
- projection of the police public image to of social problems as the basic
the people to gain their support and objective of the program
cooperation 4) Internally-Oriented Approach
- essential characteristics is the
realization that the officer on beat
creates community relations
3) He shall evaluate public opinion
because “Every officer of the and attitude with respect to policies, methods
organization is a police-community and personnel of the police station.
relations officer
DUTIES OF CIVIC ACTION OFFICER
TYPES OF POLICE-COMMUNITY RELATIONS 1) He shall encourage and actively participate in
1) Public Information Program athletic competitions to promote youth
- designed to bridge the development by wisely coordinating with the
communication gap between the police social elements of the populace;
and the public 2) He shall initiate fund-raising campaigns for
Forms of Media Used: juvenile delinquents who are being rehabilitated;
a) Personal Media 3) He shall be alert to safeguard the community
- consists of face-to-face against loss and damages to properties and
communication, such as possible death, in the events of calamity;
meetings, rallies, delivering 4) He shall render possible assistance, especially
speeches and house-to- to the men folk in enabling them to obtain the
house visitation means of productive endeavors and discourage
b) Mass Media them from loitering in the street or engaging
- includes printed matter uneconomic activities, such as illegal gambling
and audio-visual and others
communications
2) Public Relations Program MEASURES TO ENHANCE POLICE PUBLIC IMAGE
- designed to maintain harmony and 1) increased police visibility through the dispersal
mutual support between the police of personnel from the headquarters to the field
and the community offices;
- designed to “sell” the police to the 2) efficient and optimized delivery of police
public services to the communities;
3) Civic Action Program 3) constant dialogue and meetings with the
- designed to maintain and barangay officials in their respective territorial
encourage community development jurisdictions;
4) Psychological Program 4) Community service-oriented policing by
- designed to condition both friendly conducting seminars for the traffic aides, police
and hostile public, ensuring the aides and the barangay tanod; and
facilitation of the attainment of 5) Coordination with the media for image-
police objectives enhancing projects.
DUTIES OF PUBLIC RELATIONS OFFICER

1) He shall issue press releases from time to time
regarding police activities which are of public
concern;
2) He shall build good image through actual
commendable performance, without inefficiency
and corruption; and
CRIM. 4: JUVENILE DELINQUENCY AND CRIME - lowered the age of majority from
PREVENTION twenty-one (21) to eighteen (18) years
- approved on 13 December 1989
JUVENILE DELINQUENCY
- an anti-social behavior or act which DELINQUENT
does not conform with the standards of - one whose behavior has brought him
society into repeated conflict with the law
- youth behavior which is against the regardless whether he has been taken
norms and regulations of society which before a court and adjudged a
if left unchecked would give rise to delinquent
criminality
- describes a large number of - one who has committed an offense
disapproved behavior of children or that violated the approved norms of
youth conduct and is guilty of a misdeed
- anti-social acts or behavior of children
which deviate from the normal pattern STATUS OFFENSE
of rules and regulations, custom and - certain acts or omissions which may not
culture which society does not accept be punishable socially or legally if
and which therefore justify some kind committed by adults but become anti-
of admonition, punishment or social or illegal because the offender is
corrective measures in the public a minor, such as:
interest a) truancy, or frequent, unreasonable
absenteeism from school
JUVENILE b) use of profane language
- refers to a person of tender years c) running away from home
- a child or a young person, who, under d) smoking and drinking alcoholic
the legal system may be dealt with for beverages
an offense in a manner different from e) disobedience to parents, guardians
that of an adult or school officials
- persons below the age of majority, that f) mendicancy or begging in the
is, below eighteen years old streets
g) association with delinquent gangs
AGE OF MAJORITY
- majority commences at the age of ANTI-SOCIAL BEHAVIOR
eighteen (18) years - characterized by disobedience to, or
disrespect for, authorities
EMANCIPATION
- freedom from parental authority, both PARENS PATRIAE (“father of the country”)
over his person and property - the doctrine that does not consider
- happens upon reaching the age of delinquent acts as criminal violation,
eighteen years thus making delinquents non-criminal
persons and cannot be found guilty of a
RA 6809 crime and punished like an adult
- the law amending the age of majority criminal
- views minor who violate the laws as 4) ACCIDENTAL

victims of improper care, custody and - one who is essentially sociable and law-
treatment at home abiding but happens to be at the wrong
- assumption by the State of the role of time and place and becomes involved in
guardian over children whose parents delinquent acts not typical of his
are deemed incapable or unworthy general behavior
- the authority of the state to act on
behalf of the children DIFFERENT TRADITIONAL APPROACHES IN THE
STUDY OF DELINQUENCY
THREE TYPES OF DELINQUENCY
1) BIOGENIC APPROACH
1) ENVIRONMENTAL DELINQUENTS - gives an explanation that law violations
- characterized by occasional law- and delinquency are a result of some
breaking physical defects
2) EMOTIONALLY MALADJUSTED 2) PSYCHOGENIC APPROACH

DELINQUENTS - argues that the critical factors in
- characterized by chronic law-breaking, delinquency are personality problems
a habit which this type cannot avoid or to which misbehavior is presumed to be
escape from the response
3) PSYCHIATRIC DELINQUENTS 3) SOCIOGENIC APPROACH

- characterized by serious emotional - attributes delinquency pattern to social
disturbances within the individual and structures
in some cases associated with - views youthful misdeed as a result of a
tendencies towards mental illness learning process through interactions
with other members of society
TYPES OF DELINQUENT YOUTH DIFFERENT THEORIES CONCERNING

1) SOCIAL DELINQUENCY
- an aggressive youth who resents
authority of anyone who makes an A. CHOICE THEORY
effort to control his behavior - based on the classical school of
criminology that views an individual as
2) NEUROTIC having free will in choosing his actions
- one who has internalized his conflicts and that he calculates what he will gain
and is preoccupied with his own or lose if he commits an act
feelings - views the delinquent as a motivated
offender who breaks the law because
3) ASOCIAL he or she perceives an abundance of
- one whose delinquent acts have a cold, benefits and an absence of threat
brutal and vicious quality for which the
youth feels no remorse
B. BIOSOCIAL OR TRAIT THEORIES 3 SUB THEORIES OF PSCYHOLOGICAL

- based on the view that both thought THEORIES
and behavior have biological and social 1) PSYCHODYNAMIC THEORY
bases - based on the psychoanalytic theory of
- contemporary explanation of the Sigmund Freud
biogenic approach - delinquency is the result of the
- has three sub-theories: biochemical, imbalance of the three components of
neurological and genetics personality: id, ego and superego
3 SUB THEORIES OF BISOCIAL THEORIES - delinquency is the product of the
1) BIOCHEMICAL abnormal personality structure formed
- views that crime and delinquency, in early life and which thereafter
especially violence, are the result of controls human behavior choices
diet, vitamin intake, hormonal
imbalance and other biological causes 2) BEHAVIORAL THEORY
- believes that individuals learn by
2) NEUROLOGICAL observing how people react to their
- explains that crime and delinquency behavior
occur because the individual suffers - behavior is reinforced by some positive
from brain impairment or abnormality reaction, and behavior is extinguished if
in the structure of the brain punished
- learning disabilities such as attention - misbehavior of children if left
deficit/hyperactive disorder and unchecked will persist until
minimum brain dysfunction are related adolescence
to antisocial behavior
3) COGNITIVE THEORY
3) GENETIC - views that delinquency is a result of the
- explains that delinquent traits and faulty perception and analysis of data
predisposition to criminality are of an individual
inherited from parents - believes that when an individual make
- criminality of parents can predict decisions, he engages in a sequence of
delinquency of children cognitive thought processes:
- supported by research on twin studies 1) he first encodes the information so
and adoption studies that it can be interpreted;
2) then, he searches for a proper
C. PSYCHOLOGICAL THEORIES response and decide upon the most
- views delinquency as a result of appropriate action;
emotional and mental disturbance of 3) finally, he acts on his decision
the individual - delinquency-prone adolescents may
- contemporary explanation of the have cognitive deficits and use
psychogenic approach information incorrectly when they
- has three sub-theories: make decisions
psychodynamic, behavioral and
cognitive
D. SOCIOLOGICAL THEORIES KINDS OF MARRIAGE

- views delinquency as a product of the 1. Adoptive Marriage - a family who does
different social factors and dynamics not have son to preserve their surname requests
- has four groups of theories which in the prospective son-in law to adopts the family
turn contain several sub-theories: social name of the bride’s parent before marriage.
structure theories, social process 2. Sororate Marriage – called sister-in-law
theories, social reaction theories and marriage where a man remarries his deceased
social conflict theories wife’s sister
GROUPS OF THEORIES 3. Levirate Marriage – reverse or opposite
1) SOCIAL STRUCTURE THEORIES of Sororate’s marriage.
- hold that delinquency is a function of a
person’s place in the economic RESIDENCE FOR MARRIAGE
structure 1. Neoclassical Residence – the couple will live in a
new house.
2) SOCIAL PROCESS THEORIES 2. Patrilocal Residence – the newly wed lives to
- view delinquency as a result of poor or the husband’s parents
faulty socialization or upbringing 3. Matrilocal Residence – the newly wed lives or
moves with the wife’s parents
3) SOCIAL REACTION THEORIES 4. Bilocal Residence – when the newly wed shift
- view delinquent acts and criminality as residence from Matrilocal to Patrilocal.
products of stigma and labeling
LEGAL FORMS OF MARRIAGES
4) SOCIAL CONTROL THEORIES 1. Valid Marriage – when all the essential and
- maintain that everyone has the formal requisites of a marriage are present.
potential to become a criminal but Essential Requirements :
most people are controlled by their a. Legal capacity of contracting parties who must
bonds to society be a female and a male (legal age)
between 18-21 – parental consent
MARRIAGE (wedlock) – special contract of between 21-25 – parental advice
permanent union between a man and a woman b. consent freely given in the presence of the
entered into for purposes of establishing conjugal solemnizing officer
and family relation. Formal requisites
a. Authority of the solemnizing officer
Kinship – human relation whether by blood b. marriage license
(biological) or by marriage (affinity) c. marriage ceremony
2. Null and void marriage (Void ab initio) – lack of
Forms of Marriage any essential or formal elements
Monogamy – one marriage Action: declaration of nullity of marriage
Polygamy – having more than one marriages 3. Voidable - (valid unless annulled) when there is
Polygyny – marriage of one man with two a defect in any of the two essential requisites of a
or more wives valid marriage.
Polyandry – marriage of one woman with Action: Annulment marriage
two or more husbands.
DIVORCE is not acknowledge/recognized in the 6) TRUNCATEDbbbbbbbb –

Philippines grandparent grandchildren relationship.
Annulment = dissolves marriage. It allows parties The grandparents substitutes the authority
to remarry of the parents acts as surrogate parents.
Legal Separation = separation from bed and 7) STEM - similar to the
board (marriage remains) extended family but they do not share
common residence, their residence is
CONTRIBUTORY FACTORS IN JUVENILE located only in same place.
DELINQUENCY
Ideally, a home must have the following:
1) FAMILY a) structural completeness
- the first and most basic institution of - presence of both father and
society responsible for developing a child’s mother
potential in all its aspects like physical, b) economic security
emotional, spiritual, moral, intellectual and - capability to provide for the
social basic needs and wants
- molds the child to learn to curb his desires c) cultural conformity
and to accept rules that define the time, - typical family beliefs and
place and circumstances under which practices
highly personal needs may be satisfied in d) moral conformity
socially acceptable ways - moral uprightness, Christian
way of living
TYPES OF FAMILY STRUCTURE: e) physical and psychological
1) NUCLEAR FAMILY normalcy
- consists of father, mother f) emotional adequacy
and children - affection, support, love and
2) EXTENDED FAMILY care between faulty
- consists of father, mother, members
children, grandparents,
uncles and aunts, cousins, Factors in the home life that may cause
nephews and nieces, and in- delinquency:
laws a) faulty development of the child
3) CONJUGAL FAMILY b) lack of parental guidance
- consists of the husband and c) parental rejection
wife d) broken homes
OTHER FAMILY STRUCTURES e) lack of love
4) JOINT FAMILY f) unfair treatment
- married children within their g) too harsh discipline by either or
spouses and children living in one residence both parents
h) too much leniency by either or
5) HOUSEHOLD both parents
- several people may or may i) unfavorable parental example
not related to one another having the same
residence and share responsibilities.
2)
SCHOOL c) association with criminal groups or
- considered the second home of a child, gangs
with teachers as the second parents d) too much exposure to sex and
- institution responsible for the training of violence in movies, television, print
young person’s intellectual, moral, as well and internet
as social skills which they need for them to
grow up as productive, law-abiding and Prevention – it implies the keeping of unlawful
responsible citizens behavior from occurring originally or keeping
Instances of deviant conduct unlawful behavior to a minimum and thus avoiding
attributed to school inadequacy: police intervention
a) failure of teachers to detect and Family – primary institution responsible for
address problems of children prevention of juvenile delinquency,
and report such problems to the Parent – primarily responsible for preventing a
parents child from becoming a delinquent
b) poor academic atmosphere Control – a term which acknowledges the
c) membership in school gangs or existence of unlawful behavior and the need to
development of friendships take action.
with the wrong crowd
d) lack of facilities for curricular
and extra-curricular activities HISTORY OF JUVENILE JUSTICE
e) failure of teachers in character The modern practice of legally separating
development of the students adult and juvenile offenders can be traced back to
f) failure to actually finish school, two developments in English custom and law that
resulting to being out-of-school occurred centuries ago: the development of
youths with a lot of time to POOR LAWS and the creation of the English
waste and do unproductive CHANCERY COURTS. Both were designed to allow
activities the state to take control of the lives of needy but
g) failure to get gainful not necessarily criminal children. This system was
employment due to lack of brought to the United States where it was
sufficient education developed further until later it became the basis of
the juvenile justice system in the Philippines.
3) ENVIRONMENT
- the culture, norms and behavior of the ENGLISH SYSTEM
child’s surroundings may very well
influence the upbringing of the child POOR LAWS
especially during their formative years and - in 1535, statutes which mandated the
such misbehavior learned is likely to be appointed of overseers who placed
carried on until the child’s maturity destitute or neglected children with
Some of the behavior modification families who then trained them in
by means of imitation as brought about by agricultural, trade or domestic services;
environmental influence: this practice is called indenture
a) rampant drug addiction
b) vices such as gambling and drinking
alcoholic beverages
- in - the House of Refuge was
1601, a system was created wherein created to protect indigent youths who
church workers with the consent of were at risk to crime by taking them off
justice of the peace identified vagrant, the streets and reforming them in a
delinquent and neglected children and family-like environment
took measures to put them to work; - the first comprehensive juvenile court
these children were placed in was established in Illinois in 1899
workhouses until their adulthood through the passage of the Illinois
Juvenile Court Act of 1899 which set up
CHANCERY COURTS an independent court to handle
- protected the property rights and criminal law violations by children
welfare of minor children who could under sixteen (16) years of age, as well
not care for themselves as to care for neglected, dependent,
- the courts dealt with issues of and wayward youths
guardianship and the use and control of - the purpose of the act was to separate
property juveniles from adult offenders and
- the courts operated under the parens provide a legal framework in which
patriae philosophy which held that juveniles could get adequate care and
children were under the protective custody
control of the state - Congress passed the Juvenile Justice
and Delinquency Prevention Act of
AMERICAN SYSTEM 1974 to identify the needs of youths and
to fund programs in the juvenile justice
- the practice of indenture and chancery system
courts in England were adopted by the - its main goal was to separate wayward,
states of Virginia, Connecticut and non-dangerous youths from
Massachusetts, however, those youths institutions housing delinquents and to
who committed serious criminal remove adolescents from institutions
offenses continued to be tried in the housing adult offenders
same courts as adults
- middle-class civic leaders, who referred JUVENILE COURT
to themselves as CHILD SAVERS began - a court that has original jurisdiction
to develop organizations and groups to over persons defined by statute as
help alleviate the burdens of the poor juveniles and alleged to be delinquents
and immigrants by sponsoring shelter or status offenders
care for youths, educational and social
activities and the development of DEVELOPMENT OF JUVENILE JUSTICE IN THE
settlement houses; this was called the PHILIPPINES
CHILD SAVING MOVEMENT 1) PD 603 – Child and Youth Welfare Code
- they are responsible for creating a 2) Ra 7610 – Anti-Child Abuse Law
number of programs for indigent 3) RA 6809 – law amending the age of
youths, including the New York House majority
of Refuge, a reformatory, which began 4) RA 8552 AND RA 8043 – laws on adoption
operations in 1825 5) RA 9208 – Anti-Trafficking in Persons Act
6) RA LIABILITIES OF PARENTS
9231 – law amending RA 7610 on working - parents and guardians are responsible
children for the damage or injury caused by the
7) RA 9255 – law on the use of father’s child under their parental authority
surname of illegitimate children
8) RA 9262 – Anti-Violence Against Women LEGAL CUSTODY
and their Children - in case of separation of parents, no
9) RA 9523 – law amending the laws on child under SEVEN (7) YEARS OF AGE
adoption shall be separated from his mother
10) RA 9344 - Juvenile Justice and Welfare Act unless the court decides otherwise
11) RA 9775 – Anti-Child Pornography Act
GUARDIANSHIP
IMPORTANT PROVISIONS OF PD 603 - a trust relation of the most sacred
character, in which one person, called a
PD 603 – THE CHILD AND YOUTH WELFARE CODE guardian, acts for another, called a
- approved on 10 December 1974 ward, regarded as incapable of
- effectivity date is 10 June 1975 (six managing his own affairs
months after approval)
- shall apply to persons under eighteen SUBSTITUTE PARENTAL AUTHORITY
(18) years of age - in case of absence or death of both
parents, substitute parental authority
PARENTAL AUTHORITY (PATRIA POTESTAS) shall be given to the following, in order
- the sum total of the rights of the of priority:
parents over the person and property 1) grandparents
of their child 2) oldest brother or sister at least 21
- the exercise of which has no distinction years of age
between a legitimate and an 3) relative who has actual custody of
illegitimate child the child/guardian duly appointed
- the father and the mother shall by the court
exercise jointly just and reasonable
parental authority and responsibility COMMENCEMENT OF CIVIL PERSONALITY
over their legitimate or adopted - the CIVIL PERSONALITY of the child
children shall commence from the MOMENT OF
- in case of death of either parent, the CONCEPTION (Article 5)
surviving parent shall exercise sole
parental authority CONCEPTION
- in case of disagreement, the father’s - the start of life
decision shall prevail unless there is a - the union of the sperm cell and the egg
judicial order to the contrary cell
- also called the process of fertilization
PARENTAL RESPONSIBILITY
- the sum total of the duties and
obligations of parents over their minor
children
CIVIL period of at least three (3)
PERSONALITY continuous months (RA 9523
- pertains to the identity and recognition
of an individual as person having rights 3) NEGLECTED
- shall commence from the moment of - one whose basic needs have been
conception, thus all children shall have deliberately unattended or
the right to be born and the right to live inadequately attended
- a child is unattended when left by
ABORTION himself without provision for his needs
- the expulsion of the fetus from the and without proper supervision
mother’s womb - neglect may occur in two ways:
a) physical neglect
KINDS OF ABORTION o Malnourishment, untidy and
damaged clothing, no shelter
1) CRIMINAL ABORTION b) emotional neglect
- classified as intentional or o maltreated, raped, seduced,
unintentional as provided by the abused, exploited, made to work
Revised Penal Code under conditions not conducive to
- punishable by law good health or placed in moral and
physical danger
2) THERAPEUTIC ABORTION
- recommended and performed by a 4) MENTALLY-RETARDED
certified physician when there are - socially incompetent, socially
health risks and complications inadequate, occupationally
- not punishable by law incompetent and unable to manage
their own affairs
CATEGORIES OF CHILDREN - mentally sub-normal
1) DEPENDENT - retarded intellectually from birth or
- one who is without a parent, guardian early age
or custodian, or whose parents, - retarded at maturity
guardian or other custodian for good - mentally deficient as a result of
cause desire to be relieved of his care constitutional origin through heredity
and custody and is dependent upon the or disease
public for support - essentially incurable
2) ABANDONED 5) PHYSICALLY-HANDICAPPED
- one who had no proper parental care or - crippled, deaf-mute, blind and other
guardianship or whose parents or conditions which restrict their means of
guardians have deserted him for a action or communication with others
period of at least six consecutive
months (PD 603) 6) EMOTIONALLY-DISTURBED
- refers to a child who has no proper - those who, although not afflicted with
parental care or guardianship, or whose insanity or mental defect, are unable to
parents have deserted him or her for a maintain normal social relations with
others and the community in general
FOUNDLING
due to emotional problems or
- refers to a deserted or abandoned
complexes
infant or child whose parents, guardian
- may be caused by traumatic
or relatives are unknown
experiences
RA 8552 – DOMESTIC ADOPTION ACT OF 1998
7) MENTALLY-ILL
- approved on 25 February 1998
- those with any behavioral disorder,
whether functional or organic, which is
ADOPTER
of such a degree of severity as to
- the person adopting or petitioning for
require professional help or
the adoption of a child
hospitalization
ADOPTEE
8) DISABLED
- the child or person being petitioned for
- includes mentally-retarded, physically-
adoption
handicapped, emotionally-disturbed
and mentally-ill children
CHILD LEGALLY AVAILABLE FOR ADOPTION
- a child who has been voluntarily or
IMPORTANT PROVISIONS OF THE LAWS ON
involuntarily committed to the DSWD
ADOPTION
or to a duly licensed and accredited
child-placing or child-caring agency,
ADOPTION
freed of the parental authority of his or
- an act by which relations of paternity
her biological parents or guardians or
and filiations are recognized as legally
adopter, in case of rescission
existing between persons not so
- refers to a child in whose favor a
related by nature
certification was issued by the DSWD
- the taking into one’s family of the child
that he or she is legally available for
of another, as son or daughter and heir,
adoption after the fact of
and conferring on it a title to the rights
abandonment or neglect has been
and privileges of such
proven through the submission of
pertinent documents, or one who was
FILIATION
voluntarily committed by his or her
- the acknowledgment of the father of
parents or legal guardian (RA 9523)
his relationship with the child
- also called paternity
VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal guardian
BIOLOGICAL CHILD
knowingly and willingfully relinquished
- natural-born child of the parents
parental authority to the DSWD or any
ADOPTED CHILD
duly accredited child-placement or
-
child caring agency or institution
- a child who underwent the judicial
process of adoption
CHILD-CARING AGENCY OR INSTITUTION
- refers to a private non-profit or
government agency duly accredited by
6) a child whose biological or
the DSWD that provides twenty-four
adoptive parents has died, but proceedings
(24) hour residential care services for
may only be initiated after six (6) months
abandoned, neglected, or voluntarily
from the time of the death of the parents
committed children (RA 9523)
SUPERVISED TRIAL CUSTODY
CHILD-PLACING AGENCY OR INSTITUTION
- a period of time within which a social
- refers to a private non-profit institution
worker oversees the adjustment and
or government agency duly accredited
emotional readiness of both adopter
by the DSWD that receives and
and adoptee in stabilizing their filial
processes applicants to become foster
relationship
or adoptive parents and facilitate
- the period is at least six (6) months
placement of children eligible for foster
care or adoption
RESCISSION OF ADOPTION
- the nullification of the adoption
WHO MAY ADOPT:
- adoption shall not be subject to
1) any Filipino citizen of legal age at least
rescission by the adopter
sixteen (16) years older than the adoptee
unless the adopter is the biological parent
GROUNDS FOR RESCISSION OF ADOPTION
of the adoptee, or is the spouse of the
1) repeated physical and verbal maltreatment
adoptee’s biological parent
by the adopter despite having undergone
2) any alien possessing the same
counseling
qualifications as that of a Filipino citizen,
2) attempt on the life of the adoptee
who has been living in the Philippines for at
3) sexual assault or violence
least three (3) consecutive years, and
4) abandonment and failure to comply with
whose country has diplomatic relations
parental obligations
with the Philippines
RA 8043 – INTER-COUNTRY ADOPTION ACT OF
WHO MAY BE ADOPTED:
1995
1) any person below eighteen (18) years of
- approved on 7 June 1995
age judicially declared available for
adoption
INTER-COUNTRY ADOPTION
2) the legitimate son or daughter of one
- the socio-legal process of adopting a
spouse by the other spouse
Filipino child by a foreigner or a Filipino
3) an illegitimate son or daughter by a
citizen permanently residing abroad
qualified adopter to improve his or her
where the petition is filed, the
status to that of legitimacy
supervised trial custody is undertaken
4) a person of legal age if prior to the
and the decree of adoption is issued
adoption, said person has been
outside the Philippines
consistently considered and treated by the
adopter as his or her own child since
minority
INTER-COUNTRY ADOPTION BOARD
- acts as the central authority in matters
5) a child whose adoption has been previously
relating to inter-country adoption
rescinded
- shall act as the policy-making body for

IMPORTANT PROVISIONS OF RA 7610
purposes of carrying out the provisions
of RA 8043, in consultation and
RA 7610 – SPECIAL PROTECTION OF CHILDREN
coordination with the DSWD
AGAINST CHILD ABUSE, EXPLOITATION AND
- headed by the Secretary of the DSWD
DISCRIMINATION ACT
as ex officio chairman and six (6)
- approved on 17 June 1992
members to be appointed by the
- this law is also commonly referred to as
President, with a term of office of six
the Anti-Child Abuse Act
(6) years
RA 7658 – amendatory law to RA 7610
WHO MAY ADOPT:
- approved on 9 November 1993
1) any alien or a Filipino citizen permanently
- this law amended the provisions of RA
residing abroad
7610 regarding working children
2) at least twenty-seven (27) years of age
- this law was further amended by RA
3) at least sixteen (16) years older than the
9231
adoptee unless the adopter is the parent
by nature of the adoptee or the spouse of
CHILD ABUSE
such parent
- refers to maltreatment, whether
4) coming from a country with whom the
habitual or not, of the child
Philippines has diplomatic relations
5) possesses all the qualifications provided in
FORMS OF CHILD ABUSE
other applicable Philippine laws
1) CRUELTY – refers to any word or deed
which debases, degrades or demeans the
WHERE TO FILE APPLICATION
intrinsic worth and dignity of the child as
- shall be filed either with:
human being
a) the Philippine Regional Trial Court;
2) PHYSICAL INJURY – includes but is not
or
limited to lacerations, fractured bones,
b) the Inter-Country Adoption Board,
burns, internal injuries, severe injuries, or
through an intermediate agency in
serious bodily harm suffered by a child
the country of the prospective
3) PSYCHOLOGICAL INJURY – means harm to
adoptive parents
a child’ psychological or intellectual
functioning which may be exhibited by
SUPERVISED TRIAL CUSTODY
severe anxiety, depression, withdrawal or
- shall be at least six (6) months
outward aggressive behavior
4) NEGLECT – means failure to provide, for
reasons other than poverty, the basic
needs of the child, such as food, clothing,
RA 9523 – the law giving DSWD the sole authority
medical care, shelter and basic education
to issue the certification declaring a child legally
5) SEXUAL ABUSE – includes the
available for adoption
employment, use, inducement or coercion
- amended provisions of RA 8552 and RA
of a child to engage in sexual intercourse
8043
or lascivious conduct; the molestation,
prostitution and or incest with children
of the Philippines of its civilian units,
CHILD PROSTITUTION nor be allowed to take part in the
- exploitation of children, whether male fighting, or used as guides, couriers or
or female, by coercing them into spies
indulging in sexual intercourse or - children shall be given priority during
lascivious conduct for money, profit or evacuation as a result of armed conflict
any other consideration
WHO ARE CRIMINALLY LIABLE FOR CHILD
PROSTITUTION: RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF
1) those who engage in or promote, facilitate 2003
or induce child prostitution, such as: - approved on 26 May 2003
a) those acting as procurer of a child
prostitute TRAFFICKING IN PERSONS
b) parents, guardians, or relatives who - the recruitment, transportation,
knowingly allow or coerce their transfer or harboring, or receipt of
children or ward into prostitution persons with or without the victim’s
2) those who commit the act of sexual consent or knowledge within or across
intercourse or lascivious conduct with a national borders by means of threat or
child exploited in child prostitution, such use of force, or other forms of coercion,
as: abduction, fraud, deception, abuse of
a) clients of child prostitutes power or prostitution, taking
3) those who derive profit or advantage there advantage of the vulnerability of the
from, such as: person, or giving or receiving of
a) managers or owners of the payments or benefits to achieve the
establishment where the prostitution consent of a person having control over
takes place another person for the purpose of
exploitation which includes at a
OBSCENE PUBLICATIONS AND INDECENT SHOWS minimum, the exploitation or the
- the use, hiring, employment and prostitution of others or other forms of
coercing of children as performers, sexual exploitation, forced labor or
actors or models for obscene services, slavery, servitude or the
exhibitions and indecent shows, removal or sale of organs
whether live or in video, or in printed
pornographic materials - the recruitment, transportation,
transfer, harboring or receipt of a child
CHILDREN AS ZONES OF PEACE for the purpose of exploitation shall
- children shall not be the object of also be considered as “trafficking in
attack in situations of armed conflict
- they shall be protected from any form person” even if it does not involve any of the
of threat, assault, torture or other means set forth in the preceding paragraph
cruel, inhumane or degrading
treatment QUALIFIED TRAFFICKING IN PERSON
- children shall not be recruited to
become members of the Armed Forces 1) When the trafficked person is a child;
2) When those of a person under his or her
the adoption is effected through RA 8043 control as security or payment for a
and said adoption is for the purpose of debt, when the length and nature of
prostitution, pornography, sexual services are not clearly defined or when
exploitation, forced labor, slavery, the value of the services as reasonably
involuntary servitude or debt bondage; assessed is not applied toward the
3) When the offender is an ascendant, parent, liquidation of debt
sibling, guardian or a person who exercised
authority over the trafficked person or IMPORTANT PROVISIONS OF RA 9231
when the offense is committed by a public
officer or employee RA 9231 - the law prohibiting the
worst forms of child labor
FORCED LABOR AND SLAVERY - amendatory law to RA 7160 and RA
- refers to the extraction of work or 7658
services from any person by means of - amended the provisions of RA 7160
enticement, violence, intimidation or regarding working children
threat, use of force or coercion, - approved on 19 December 2003
including deprivation of freedom,
abuse of authority or moral Children below fifteen (15) years of age shall not
ascendancy, debt-bondage or be employed, except:
deception
1) When a child works directly under sole
SEX TOURISM responsibility of his parents or legal
- refers to a program organized by travel guardian and where only members of the
and tourism related establishments and employer’s family are employed
individuals which consist of tourism 2) Where a child’s employment or
packages or activities, utilizing and participation in public entertainment or
offering escort and sexual services as information through cinema, theatre, radio
enticement for tourists or television is essential, with the approval
of the Department of Labor and
PORNOGRAPHY Employment (DOLE)
- refers to any representation, through - it is the duty of the employer to submit
publication, exhibition, to the DOLE a report of all children
cinematography, indecent shows, employed by him
information technology, or by - if a domestic is under sixteen (16) years
whatever means, of a person engaged of age, the head of the family shall give
in real or simulated explicit sexual him or her an opportunity to complete
activities or any representation of the at least elementary
sexual parts of a person for primarily sexual education, the cost of which shall be a
purposes part of the domestic’s compensation
DEBT BONDAGE
- refers to pledging by the debtor of his
or her personal services or labor or
WORK
PERMIT OF WORKING CHILDREN VIOLENCE AGAINST WOMEN AND THEIR
- it shall be the duty of the employer to CHILDREN
secure permit from the DOLE of - refers to any act or a series of acts
working children employed by him committed by any person against a
woman who is his wife, former wife, or
EMPLOYMENT CONTRACT OF WORKING against a woman with whom the
CHILDREN person has or had a sexual or dating
- the contract shall be signed by the relations, or with whom he has a
working child’s parent or legal common child, or against her child,
guardian, with the express agreement whether legitimate or illegitimate,
of the child within or without the family abode,
which result in or is likely to result in
WORKING HOURS physical, sexual, psychological harm or
suffering, or economic abuse including
If the child is under 15: threats of such acts, battery, assault,
- may work for maximum of four (4) coercion, harassment or arbitrary
hours a day, twenty (20) hours a week deprivation of liberty
- may work between six o’clock in the
morning to eight o’clock in the evening PHYSICAL VIOLENCE
(6am to 8pm) - refers to acts that include bodily or
physical harm
If the child is 15 but under 18:
- may work for maximum of eight (8) SEXUAL VIOLENCE
hours a day, forty (40) hours a week - refers to an act which is sexual in
- may work between six o’clock in the nature, committed against a woman or
morning to ten o’clock in the evening her child
(6am to 10pm)
PSYCHOLOGICAL VIOLENCE
PROHIBITION ON THE EMPLOYMENT OF - refers to acts or omissions causing or
CHILDREN IN CERTAIN ADVERTISEMENTS likely to cause mental or emotional
- no child shall be employed as a model in suffering of the victim such as but not
any advertisement directly or indirectly limited to intimidation, harassment,
promoting the following: stalking, damage to property, public
a) alcoholic beverages ridicule or humiliation, and repeated
b) intoxicating drinks verbal abuse
c) tobacco and cigarettes
d) gambling ECONOMIC ABUSE
e) any form of violence or - refers to acts that make or attempt to
pornography make a woman financially dependent
IMPORTANT PROVISIONS OF RA 9262 BATTERY

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND - refers to an act of inflicting physical
THEIR CHILDREN ACT OF 2004 harm upon the woman or her child
CHILD AT RISK
resulting to the physical and
- refers to a child who is vulnerable to
psychological or emotional distress
and at the risk of committing criminal
offenses because of personal, family
STALKING
and social circumstances
- refers to an intentional act committed
by a person who knowingly and
CHILD IN CONFLICT WITH THE LAW
without lawful justification follows the
- refers to a child who is alleged as,
woman or her child or places the
accused of, or adjudged as, having
woman or her child under surveillance
committed an offense under Philippine
directly or indirectly
laws
PHILIPPINE JUVENILE JUSTICE SYSTEM
INITIAL CONTACT WITH THE CHILD
- refers to the apprehension or taking
RA 9344 – the JUVENILE JUSTICE AND WELFARE
into custody of a child in conflict with
ACT OF 2006
the law by law enforcement officers or
- approved on 28 April 2006
private citizens
- became effective on 20 May 2006
- repealed the provisions of the Revised
INTERVENTION
Penal Code and Presidential Decree No
- refers to a series of activities which are
603 on minor offenders
designed to address issues that caused
the child to commit an offense
IMPORTANT TERMS INTRODUCED BY RA 9344
- may take the form of an individualized
treatment program which may include
JUVENILE JUSTICE AND WELFARE SYSTEM
counseling, skills training, education,
- refers to a system dealing with children
and other activities that will enhance
at risk and children in conflict with the
his or her psychological, emotional and
law, which provides child-appropriate
psycho-social well-being
proceedings, including programs and
services for prevention, diversion,
DIVERSION
rehabilitation, re-integration and
- refers to an alternative, child-
aftercare to ensure their normal
appropriate process of determining the
growth and development
responsibility and treatment of a child
in conflict with the law on the basis of
RESTORATIVE JUSTICE
his or her social, cultural, economic,
- refers to a principle which requires a
psychological or educational
process of resolving conflicts with the
background without resorting to
maximum involvement of the victim,
formal court proceedings
the offender and the community; seeks
to obtain reparation for the victim,
DIVERSION PROGRAM
reconciliation of the offender, the
- refers to the program that the child in
offended and the community and
conflict with the law is required to
reassurance to the offender that he or
undergo after he or she is found
she can be reintegrated into society
responsible for an offense without
resorting to formal court proceedings
9) the right to AUTOMATIC
YOUTH DETENTION HOME SUSPENSION OF SENTENCE
- refers to a 24-hour child-caring 10) the right to probation as an alternative to
institution managed by accredited local imprisonment, if qualified under the
government units and licensed and/or Probation Law
accredited non-governmental 11) the right to have the records and
organizations providing short-term proceedings involving him be considered
residential care for children in conflict PRIVILEGED AND CONFIDENTIAL
with the law who are awaiting court
disposition of their cases or transfer to MINIMUM AGE OF CRIMINAL RESPONSIBILITY
other agencies or jurisdiction - a child FIFTEEN (15) YEARS OF AGE OR
UNDER at the time of the commission
YOUTH REHABILITATION CENTER of the offense shall be EXEMPT from
- refers to a 24-hour residential care CRIMINAL LIABILITY, but he shall
facility managed by the DSWD, local undergo INTERVENTION PROGRAM
government units, licensed or - a child ABOVE FIFTEEN (15) YEARS OF
accredited non-governmental AGE BUT BELOW EIGHTEEN (18) YEARS
organizations monitored by the DSWD, OF AGE shall likewise be EXEMPT from
which provides care, treatment and CRIMINAL LIABILITY, if he or she acted
rehabilitation services for children in WITHOUT DISCERNMENT, but he shall
conflict with the law undergo INTERVENTION PROGRAM
- however, they are exempted only from
RIGHTS OF THE CHILD IN CONFLICT WITH THE criminal liability and not from civil
LAW liability
- a child ABOVE FIFTEEN (15) YEARS OF
1) the right not to be imposed a sentence of AGE BUT BELOW EIGHTEEN (18) YEARS
capital punishment or life imprisonment OF AGE who acted WITH
2) the right to be detained or imprisoned as a DISCERNMENT shall be subjected to
disposition of last resort, which shall be for the DIVERSION PROCEEDINGS and
the shortest appropriate period of time shall undergo DIVERSION PROGRAM, if
3) the right to be separated from adult qualified
offenders at all times: during detention, - a child ABOVE FIFTEEN (15) YEARS OF
while being transported to and from the AGE BUT BELOW EIGHTEEN (18) YEARS
court and while waiting for the hearing OF AGE who acted WITH
4) the right to be detained only with other DISCERNMENT and who is NOT
detainees of the same sex, if detention is QUALIFIED for DIVERSION, OR
necessary
5) the right to be searched only by a law - REFUSED to undergo DIVERSION, shall
enforcement officer of the same gender be PROSECUTED
6) the right not to be handcuffed, when such
is not necessary TREATMENT OF CHILD BELOW THE AGE OF
7) the right to have his parents or guardians CRIMINAL RESPONSIBILITY
present - it shall be the duty of the law
8) the right to diversion if he or she is qualified enforcement officer to determine the
and voluntarily avails of the same age of the child apprehended
- if - includes measures to assist
the child apprehended is FIFTEEN (15) children at risk
YEARS OLD OR BELOW, the law
enforcement officer MUST RELEASE 3) TERTIARY INTERVENTION
THE CHILD TO THE CUSTODY OF HIS OR - includes measures to avoid
HER PARENTS OR GUARDIANS, OR THE unnecessary contact with the formal
CHILD’S NEAREST RELATIVE justice system and other measures to
- it shall also be the duty of the law prevent re-offending
enforcement officer to give notice to
the local social welfare and SYSTEM OF DIVERSION
development officer as to the - children in conflict with the law shall
apprehension of the child in conflict undergo diversion proceedings subject
with the law to the following conditions:
COMPREHENSIVE JUVENILE INTERVENTION 1) the imposable penalty for the crime

PROGRAM committed is NOT MORE THAN SIX (6)
- shall be instituted in local government YEARS IMPRISONMENT
units from the barangay to the 2) in victimless crimes, the imposable penalty
provincial levels is NOT MORE THAN SIX (6) YEARS
- shall include community-based IMPRISONMENT
programs on juvenile justice and 3) in cases where the imposable penalty
welfare exceeds six (6) years, diversion measures
may be resorted to only by the court
COMMUNITY-BASED PROGRAMS ON JUVENILE - the diversion proceedings shall be
JUSTICE AND WELFARE completed within FORTY-FIVE (45)
- shall be instituted by the local DAYS
government units through the school,
youth organizations, and other CONTRACT OF DIVERSION
concerned agencies - shall be prepared if the child:
- shall respond to the special needs, 1) is qualified for diversion; and
problems, interests and concerns of 2) voluntarily admits the commission
children and which offer appropriate of the act and the parents or
counseling and guidance to them and guardian of the child and the child
their families himself agrees to the diversion
- these programs shall consist of three program
(3) levels: - it must be signed by the child’s parents
or guardian and the authorities
1) PRIMARY INTERVENTION concerned
- includes general measures to promote
social justice and equal opportunity, PROSECUTION
which tackle perceived root causes of - a child in conflict with the law shall
offending undergo PROSECUTION if:
1) he is not qualified for diversion
2) SECONDARY INTERVENTION
center where he shall undergo the
2) he is qualified for diversion but he
appropriate disposition measures
or his parents or guardian does not
agree to diversion
DISCHARGE OF THE CHILD IN CONFLICT WITH THE
3) diversion is not appropriate for the
LAW
child in conflict with the law, based
- upon the recommendation of the social
on the social worker’s
worker who has custody of the child,
recommendations
the court shall DISMISS THE CASE
AGAINST THE CHILD if the court finds
CONDUCT OF PRELIMINARY INVESTIGATION
that the disposition measures have
- there shall be a specially-trained
been fulfilled
prosecutor to conduct inquest,
preliminary investigation and
RETURN OF THE CHILD IN CONFLICT WITH THE
prosecution of cases involving children
LAW TO COURT
in conflict with the law
- if the court finds that the objective of
- the information against the child shall
the disposition measures imposed
be filed before the Family Court within
upon the child have not been fulfilled,
FORTY-FIVE DAYS from the start of the
or if the child has willfully failed to
preliminary investigation
comply with the conditions of his or
her rehabilitation program, the child
COURT PROCEEDINGS
shall be returned to court for the
- during trial, the court shall order:
EXECUTION OF JUDGMENT
1) the release of the child on
recognizance to his or her parents
PROBATION
and other suitable persons
- a child in conflict with the law whose
2) the release of the child on bail
sentence was executed by the court
3) if the child is to be detained, the
upon reaching the maximum age of
transfer of the child to a youth
TWENTY-ONE (21) shall be entitled to
detention home
the benefits of probation under PD
- detention of the child shall be ordered
968, the Probation Law of 1976
only as a last resort
OFFENSES NOT APPLICABLE TO CHILDREN
AUTOMATIC SUSPENSION OF SENTENCE
- persons below eighteen (18) years old
- if the child in conflict with the law is
shall be exempt from prosecution for
found guilty of the offense charged, the
the following crimes:
court shall place the child under
1) vagrancy and prostitution under the
suspended sentence, without need of
Revised Penal Code
application
- the automatic suspension of sentence
2) mendicancy under PD No 1563
may be extended until the child reaches
3) sniffing of rugby under PD 1619
the maximum age of TWENTY-ONE (21)
YEARS OLD
- the court shall order the detention of
the child in a youth rehabilitation
REPUBLIC 3. Legitimated – illegitimate
ACT 9775 – the ANTI-CHILD PORNOGRAPHY ACT child raise to the status of a legitimate child
OF 2009 by subsequent marriage of his or her parents
- approved on 4. Adopted- a person who is raise to the
- the law that amended the provisions of status of legitimacy through adaptation.
RA 7610 on obscene publications and indecent
shows
- it aims to protect every child from all
forms of exploitation and abuse through
the use of a child in pornographic
performances and materials and the
inducement or coercion of a child to
engage or to be involved in pornography
CHILD PORNOGRAPHY
- refers to any representation, whether
visual, audio or written combination
thereof, by electronic, mechanical, digital,
optical, magnetic or any other means, of
child engaged or involved in real or
simulated explicit sexual activities
SYNDICATED CHILD PORNOGRAPHY

- committed if carried out by a group of
three (3) or more persons conspiring or
confederating with one another
Special Classification of Child

A. Mentally Retarded
1. Custodial (I.Q 25)
2. Trainable (25 to 50)
3. Educable (50 to 75)
4. Borderline or Low Normal (75 to 89)
5. Idiot – one whose mental state is liken to a
person 2 years below
6. Imbecilic - one whose mental state is liken
to a person 2 to 7 years
7. Moron – seven years below.
Legal Classification of Child

1. Legitimate – born inside the marriage
2.Illegitimate – born outside the marriage
CRIM. 5: HUMAN BEHAVIOR AND CRISIS 5. Humanistic View – focuses on the subject’s
MANAGEMENT experience, freedom of choice and motivation
toward self-actualization.
Psychology
- Is an academic and applied science Two Basic Types of Behavior
involving the phenomenological and 1. Inherited (Inborn) behavior – refers to any
scientific study of mental processes behavioral reactions or reflexes exhibited
and behavior by people because of their inherited
- 1879 birthdate of Psychology capabilities or the process of natural
selection.
Wilhelm Wundt 2. Learned (Operant) behavior – involves
Founded the first laboratory dedicated exclusively knowing or adaptation that enhances
to psychological research, focused on the human beings’ ability to cope with changes
Doctrine of Mental Powers at Leipzig University in in the environment in ways which improve
Germany, for which Wilhelm Wundt is known as the chances of survival.
the Father of Psychology” (modern) Learned behavior may be acquired through
environment or training.
Human Behavior
- anything an individual does that Classifications of Human Behavior
involves self-initiated action and/or  Habitual – refers to motorized behavior
reaction to a given situation. usually manifested in language and
- the sum total of man's reaction to his emotion.
environment or the way human beings  Instinctive – are generally unlearned and
act simply comes out of man’s instinct which
can be seen among instinct-instinct survival
Human Beings behaviors.
Human beings are intelligent social animals  Symbolic – are behaviors that are usually
with the mental capacity to comprehend, infer and carried out by means of unsaid words and
think in rational ways. shown through symbols or body signs.
 Complex – are those behaviors that
Views in Human Behavior combine two or more of the classified
1. Neurological View – deals with human actions in ones.
relation to events taking place inside the body
such as the brain and the nervous system. Causes of Human Behavior (SPA)
2. Behavioral View – emphasizes on external  Sensation – is the feeling or impression
functions of the human being that can be created by a given stimulus or cause that
observed and measured. leads to a particular reaction or behavior.
3. Cognitive View – it is concerned with the way Human Senses:
the brain processes and transforms information a. Visual – sight
into various ways. b. Olfactory – smell
4. Psychoanalytical View – emphasizes c. Cutaneous – touch
unconscious motives that originate from d. Auditory – hearing
aggressive impulses in childhood. e. Gustatory – taste
interaction, but also relishes time
alone and away from the crowd.
 Perception – refers to the person’s
4. Neuroticism – persons high in neuroticism react
knowledge of a given stimulus which
intensely and are generally moody, touchy,
largely help to determine the actual
depressed, sensitive and anxious or nervous. They
behavioral response in a given situation
respond more poorly to environmental stress, and
 Awareness – refers to the psychological
are more likely to interpret ordinary situations as
activity based on interpretation of past
threatening, and minor frustrations as hopelessly
experiences with a given stimulus or object.
difficult.
5. Psychoticism – is characterized by cold cruelty,
Factors that affect Human Behavior
social insensitivity, disregard for danger,
 Heredity – it is the passing of traits to
troublesome behavior, dislike of others and an
offspring (from its parent or ancestors).
attraction towards unusual. A person high on
This is the process by which an offspring
psychoticism tends to be impulsive, aggressive
cell or organism acquires or becomes
individual without appreciable concern for others.
predisposed to the characteristics of its
parent cell or organism.
Frustration in Human Behavior
 Environment – refers to surroundings of an
Frustration refers to the situation which blocks
object. It consists of conditions and factors
the individual’s motivated behavior. Sustained
that surround and influence behavioral
frustration may be characterized by anxiety,
pattern.
irritability, fatigue or depression.
 Learning – is the process by which an
individual’s behavior changes as a result of
Three Basic Forms of Conflict
experience or practice.
1. Approach-Avoidance Conflict - occurs when an
individual moves closer to a seemingly desirable
Attributes of Human Behavior
object, only to have the potentially negative
Duration – how long in terms of function of time
consequences of contacting that object push back
Extensity – size, distance and location
against the closing behavior.
Intensity – Magnitude, whether mild, strong and
2. Approach-Approach Conflict - This is a conflict
disintegrated
resulting from the necessity of choosing between
Quantity – whether normal, abnormal,
two desirable alternatives. There are usually two
misleading or unacceptable.
desirable things wanted, but only one option can
be chosen.
Personality Traits that Affect Human Behavior
3. Avoidance-Avoidance Conflict - This form of
1. Extroversion – characterized by interests
conflict involves two undesirable or unattractive
directed toward the external environment of
alternatives where a person has to decide of
people and things rather than toward inner
choosing one of the undesirable things.
experiences and oneself.
2. Introversion – characterized by direction of
Coping Mechanism
interest toward oneself and one’s inner world of
It is defined as the way people react to
experiences. Introverts, in contrast, tend to be
frustration. People differ in the way they react to
more reserved, less outgoing, and less sociable.
frustration. This could be attributed to individual
3. Ambiversion – is a balance of extrovert and
differences and the way people prepared in the
introvert characteristics. An ambivert is normally
developmental task they faced during the early
comfortable with groups and enjoys social
stages of their life.
handle a frustration could result to
Frustration Tolerance diminishing self-confidence, until the time
It is the ability to withstand frustration when inferiority complex sets in.
without developing inadequate modes of  Aggression - is a negative outcome of a
response such as being emotionally depressed or person's inability to handle frustration
irritated, becoming neurotic, or becoming rightly. Manifestation in physical behavior
aggressive. can be observed in one's negative attitudes
towards life both in the personal and
Broad Reactions to Frustration professional aspect.
 Fight – is manifested by fighting the  Use of Defense Mechanism – is the most
problem in a constructive and direct way by tolerated way of handling frustration. It is a
means of breaking down the obstacles man’s last result when a person attempts
preventing the person reaching his goals. to overcome fear from an anticipated
 Flight – it can be manifested by sulking, situation or event.
retreating, becoming indifferent and giving Defense Mechanism – is an unconscious
up. psychological process that serves as safety valve
that provides relief from emotional conflict and
Different Types of Reaction to Frustration anxiety.
 Direct approach - can be seen among
people who handle their problems in a very Common Defense Mechanisms
objective way. They identify first the  Displacement - strong emotion, such as
problem, look for the most practical and anger, is displaced onto another person or
handy way to solve it, and proceeded with object as the recipient of said emotion
the constructive manner of utilizing the (anger), rather than being focused on the
solution which will produce the best person or object which originally was the
results. cause of said emotion.
 Detour - when an individual realizes that in  Rationalization - is the defense mechanism
finding for the right solution of the that enables individuals to justify their
problem, he always end up with a negative behavior to themselves and others by
outcome or result. Thus, he tries to make a making excuses or formulating fictitious,
detour or change direction first and find socially approved arguments to convince
out if the solution or remedy is there. themselves and others that their behavior
 Substitution - most of time are resulted to is logical and acceptable
in handling frustration when an original  Compensation - is the psychological
plan intended to solve the problem did not defense mechanism through which people
produce the intended result, thus the most attempt to overcome the anxiety
practical way to face the problem, is to look associated with feelings of inferiority and
for most possible or alternative means. inadequacy in one is of personality or body
 Withdrawal or retreat - is corresponding to image, by concentrating on another area
running away from the problem or flight where they can excel.
which to some is the safest way.
 Developing feeling of inferiority - comes  Projection - manifest feelings and ideas
when a person is unable to hold on to any which are unacceptable to the ego or the
solution which gives a positive result. Being superego and are projected onto others so
discourage to go on working for a way to that they seem to have these feelings or
ideas, unacceptable are diverted into
which free the individual from the guilt and personally and socially accepted channels.
anxiety associated with them. It is a positive and constructive mechanism
 Reaction formation - is defined as the for defending against own unacceptable
development of a trait or traits which are impulses and needs.
the opposite of tendencies that we do not
want to recognize. The person is motivated Normal Behavior
to act in a certain way, but behaves in the This refers to a lack of significant deviation
opposite way. Consequently, he is able to from the average. Another possible definition is
keep his urges and impulses under control. that "a normal" is someone who conforms to the
 Denial – when a person uses this, he predominant behavior in a society.
refuses to recognize and deal with reality Social norms – rules that a group uses for
because of strong inner needs. appropriate and inappropriate values, beliefs,
 Repression – is unconscious process attitudes and behaviors.
whereby unacceptable urges or painful
traumatic experiences are completely Abnormal Behavior
prevented from entering consciousness. Literally means "away from the normal". It
 Suppression - which is sometimes implies deviation from some clearly defined norm.
confused with that of repression, is a In the case of physical illness, the norm is the
conscious activity by which an individual structural and functional integrity of the body.
attempts to forget emotionally disturbing
thoughts and experiences by pushing them BEHAVIORAL DISORDERS
out of his mind. I. PSYCHOSOMATIC DISORDER
 Identification - an individual seeks to A disorder in which the physical illness is
overcome his own feelings of inadequacy, considered to be highly associated with emotional
loneliness, or inferiority by taking on the factors. The individual may not perceive that his
characteristics of someone who is emotional state is contributing to his physical
important to him. illness.
An example is a child who identifies with
his parents who are seen as models of intelligence, II. NEUROSIS
strength and competence Neurosis is a class of functional mental
 Substitution - through this defense disorders involving distress but neither delusions
mechanism, the individual seeks to nor hallucinations, whereby behavior is not
overcome feelings of frustration and outside socially acceptable norms. The
anxiety by achieving alternate goals and distinguishing feature of neurosis is a sustained
gratifications. characteristic of showing anxiety, fear, endless
 Fantasy - this is resulted to whenever troubles that carries significant aspects of the
unfulfilled ambitions and unconscious individual’s life.
drives do not materialize.
 Regression – a person reverts to a pattern III. ANXIETY DISORDERS
of feeling, thinking or behavior which was Anxiety disorders are blanket terms
appropriate to an earlier stage of covering several different forms of abnormal and
development. pathological fear and anxiety. People experience
 Sublimation – is the process by which excessive levels of the kind of negative emotions
instinctual drives which consciously that we identify as being nervous, tense, worried,
scared, and 2. Dipsomania – the impulse to drink
anxious. These terms all refer to anxiety. liquor.
3. Homicidal mania – the impulse to kill.
 Forms of Anxiety 4. Kleptomania – the impulse to steal.
A. Phobias 5. Megalomania – the impulse for fame or power.
This is an intense, unrealistic fear. In this 6. Pyromania – the impulse to set fire.
case, anxiety is focused so intensely on some 7. Suicidal mania – the impulse to take one’s life.
objects or situations that the individual is acutely
uncomfortable around it and will often go to great IV. SOMATOFORM DISORDERS
pain to avoid it. "Soma" means body, and somatoform
 TYPES OF PHOBIAS disorders involve a neurotic pattern in which the
❑ Acrophobia - high places individuals complain of bodily symptoms that
❑ Agoraphobia - open spaces and market suggest the presence of a physical problem, but
places for which no organic basis can be found. Such
❑ Malgophobia - pain individuals are typically preoccupied with their
❑ Astraphobia - storms, thunder, and state of health and with various presumed
lightning disorders or diseases of bodily organs.
❑ Gynophobia – fear of dogs
❑ Claustrophobia - closed places Three Distinct Somatoform Patterns
❑ Hematophobia - blood 1. Somatization Disorder
❑ Mysophobia - contamination or germs This is an intensely and chronically
❑ Monophobia - being alone uncomfortable condition that indirectly creates a
❑ Nyctophobia - darkness high risk of medical complications. It takes the
❑ Ochlophobia - crowds form of chronic and recurrent aches, pains, fever,
❑ Hydrophobia - water tiredness and other symptoms to bodily illness.
❑ Pathophobia - disease Individuals frequently experience memory
❑ Pyrophobia - fire difficulties, problems with walking, numbness,
❑ Syphilophobia - syphilis block-out spells, nausea, menstrual problems and
❑ Zoophobia - animals or some particular a lack of pleasure from sex.
animals 2. Conversion Disorders and Somatoform Pain
Disorders
B. Obsessive-Compulsive Disorders ❑ Conversion disorders – are somatoform
1. Obsession – This is an anxiety provoking disorders in which individuals experience
thoughts that will not go away. Thoughts and serious somatic symptoms such as
impulses which occur in the person’s mind despite functional blindness, deafness, paralysis,
attempts to keep them out. They seem fainting, seizures, inability to speak or other
uncontrollable, as if they do not belong to the serious impairments in the absence of any
individual's mind. physical cause.
2. Compulsion – It is an urge wherein a person is ❑ Somatoform pain disorders – are
compelled to perform some actions against his somatoform disorders in which the
free will and with duress as a result of external individual experiences a relatively specific
factors. This is an irresistible urge to engage in and chronic pain that has a psychological
certain pattern of behavior. rather than physical cause. It is very similar
EXAMPLES OF COMPULSION to conversion disorders except that the
1. Arithomania – the impulse to count anything.
childhood as a result of family,
primary symptom is pain that has no
social, and cultural influences.
physical cause.
3. Dissociative Disorders
Types of Personality Disorders
This covers a broad category of loosely
1. Paranoid Personality – This is characterized by
related rare conditions involving sudden
suspiciousness, hypersensitivity, rigidity, envy,
alterations in cognition, characterized by change
excessive self-importance, and
in memory, perceptions or "identity".
argumentativeness plus a tendency to blame
❑ defined as conditions that involve
others for one's own mistakes and failures and to
disruptions or breakdowns of memory,
ascribe evil motives to others.
awareness, identity and/or perception.
2. Schizoid Personality – Individuals with this
personality disorder neither deserve nor enjoy
Types of Dissociative Disorders
close relationship. They live a solitary life with little
a. Amnesia – This refers to loss of memory that can
interest in developing friendships. They exhibit
have either physical or psychological cause. It
emotional coldness, detachment, or a constricted
most often occurs after a period of intense stress
affect.
and involves loss of memory for all or part of the
- characterized by a lack of interest in social
stressful experience itself.
relationships, a tendency towards a solitary
b. Psychogenic Fugue State – This resembles
lifestyle, secretiveness, and emotional coldness.
amnesia in that there is a loss of memory but the
3. Schizotypal Personality – Individuals with this
loss is so complete that the individuals cannot
type of personality disorder exhibit odd behaviors
remember his or her identity or previous life.
based on a belief in magic or superstition and may
c. Depersonalization – This refers to experiences in
report unusual perceptual experiences.
which the individual feels that he or she has
4. Histrionic Personality – this is characterized by
become distorted or "unreal" or that distortions
attempt to be the center of attention through the
have occurred in one's surroundings. One might
use of theatrical and self-dramatizing behavior.
feel that she is a real robot - even though she
Sexual adjustment is poor and interpersonal
knows she is a real person - or that her room is not
relationships are stormy.
real or that her parents are not real people.
 characterized by excessive emotionality
d. Multiple Personality – This is a dissociative
and attention-seeking, including an
disorder in which the individual shifts abruptly and
excessive need for approval and
repeatedly from one personality to another as if
inappropriate seductiveness, usually
more than one person were inhabiting the same
beginning in early adulthood.
body. This is commonly known as "split personality
5. Narcissistic Personality – Individuals with this
disorder."
type of personality have a pervasive sense of self-
importance.
V. PERSONALITY DISORDERS
Personality disorders, formerly
referred to as character disorders, are a class of
A disorder and its derivatives can be
personality types and behaviors defined as “an
caused by excessive praise and criticism in
enduring pattern of inner experience and behavior
childhood, particularly that from parental figures.
that deviates markedly from the expectations of
6. Antisocial Personality – This is characterized by
the culture of the individual who exhibits it”. This
a lifelong history of inability to conform to social
category includes those individuals who begin to
norms. They are irritable and aggressive" and may
develop a maladaptive behavior pattern early in
have repeated physical fights. These individuals
also have a everyday problems, and tendency
high prevalence of morbid substance abuse to live in a world of fantasy.
disorders. - formerly called dementia praecox by Emil
7. Borderline Personality – This is characterized by Kreaplin, a German psychiatrist.
instability, reflected in drastic mood shifts and - the term schizophrenia was given by Eugene
behavior problems. Individuals with this type of Bleuler which literally means “splitting of minds”.
personality are acutely sensitive to real or
imagined abandonment and have a pattern of Types of Schizophrenia
repeated unstable but intense interpersonal  Simple Schizophrenia – is characterized by
relationships that alternate between extreme a gradual decline of interest and ambition.
idealization and devaluation. Such individuals may The person withdraws from social contacts
abuse substances or food, or be sexually as well as irritable and inattentive.
promiscuous.  Paranoid Schizophrenia – is characterized
8. Avoidant Personality – Individuals with this principally by delusions of persecutions
personality are fearful of becoming involved with and/or grandeur. Hallucinations, usually
people because of excessive fears of criticism or auditory, are most of time present.
rejection.  Hebephrenic Schizophrenia – manifests
9. Dependent Personality – This is characterized severe integration of personality and can
by inability to make even daily decisions without be observed through inappropriate giggling
excessive advice and reassurance from others and and smiling without apparent reasons
needs others to assume responsibility for most which to an untrained observer may only
major areas of his or her life. be childish playfulness.
10. Compulsive Personality – This is characterized  Catatonic Schizophrenia – manifests
by excessive concern with rules, order efficiency, extreme violence and shown with
and work coupled with insistence that everyone excessive motor activity, grimacing,
do things their way and an inability to express talkativeness and unpredictable emotional
warm feelings. outburst.
11. Passive-Aggressive Personality – The individual
with personality disorder is usually found to have VIII. PARANOIA
overindulged in many things during the early years Paranoia refers to cases showing delusions
to the extent that the person comes to anticipate and impaired contact with reality but without the
that his needs will always be met and gratified. severe personality disorganization characteristic
of schizophrenia.
VI. AFFECTIVE DISORDERS - The main symptom is characterized by suspicion
The term affect is roughly equivalent to
emotion or to mood. The affective disorders are
mood disorders in which extreme and COMMON TYPES OF PARANOIA
inappropriate levels of mood 1. Persecutory Paranoia – having delusions of
– characterized by periods of depression or elation persecution.
or both. 2. Litigious Paranoia – both delusions of
- A manic-depressive psychosis persecution and grandeur
3. Erotic Paranoia – delusion that a certain person
VII. SCHIZOPHRENIA is in love with him or her.
- a psychotic condition marked by 4. Exalted Paranoia – with great power of
withdrawal from reality, indifference concerning importance.
5. Jealous ❑ Pedophilia – obtaining
Paranoia – characterized by irrational jealousy. pleasure from sexual contact with children.
❑ Incest – sexual relations between persons
Copycat Crime related by blood.
Copycat crime is crime inspired by another ❑ Bestiality – sexual intercourse with a living
crime that has been publicized in the news media animal.
or fictionally or artistically represented in which ❑ Necrophilia – desire to engage in sexual
the offender incorporates aspects of the original intercourse with a dead body.
offense.
CRISIS MANAGEMENT
SEXUAL DEVIANCY
A sexual act that seeks gratification by Crisis
means other than heterosexual relationship. This refers to unstable and dangerous
HETEROSEXUALITY – normal sexual relationship social condition characterized by an impending
between members of the opposite sex which abrupt change involving economic, military,
could lead to reproduction. political, police, societal or personal affairs that is
approaching emergency level event.
TYPES OF SEXUAL DEVIANCY - came from the Greek word “kRISIS”
❑ Homosexuality which means to separate.
- sexual desire towards the same sex
❑ Transvestitism EMERGENCY
- obtaining sexual gratification by wearing Came from the Latin word “EMERGENTIA”
the clothes of the opposite sex. which means dipping; plunging. It is a sudden
❑ Voyeurism condition or state of affairs calling for immediate
- obtaining sexual pleasure by watching the action.
members of the opposite sex undressing or
engaging in sexual activities. DISASTER – natural or man made (technological)
❑ Exhibitionism - obtaining pleasure by Hazard resulting in an event of substantial extent
exposing one’s genitals to others. causing significant physical damage or
❑ Fetishism - obtaining sexual gratification destruction, loss of life or drastic change to the
primarily and exclusively from specific environment.
objects.
❑ Sadism – by inflicting pain to others Crisis Management
❑ Masochism – by inflicting pain upon It refers to the action undertaken to unify
themselves . and coordinate resources and efforts to
❑ Sodomy – sexual act through the anus of
another human being.
❑ Froilism – a form of sexual perversion in effectively and efficiently quell a given
which three (3) persons are participating in criminal/life threatening situation.
sexual act. Also defined as the expert handling of
❑ Pluralism – a group participates in sexual emergency or crisis to reduce or eliminate danger
orgies (sexual festival). or damage.
❑ Cunnilingus – licking of woman’s genitals
❑ Fellatio – sucking the penis EMERGENCY, CRISIS AND DISASTER
DISTINGUISHED
❑ If the - actual execution of all coordinated
situation is still controlled and the response efforts and plans
given is for the purpose of containing the - performance, initial action, action, and
situation from getting out of control, then post action.
it is just an EMERGENCY.
❑ If the situation is already beyond normal LEGAL REGIMES IN DEALING WITH CRISIS
control what is happening is already a ❑ Sec. 6, Article XVI, 1987 Constitution
CRISIS. - The State shall establish and maintain one
❑ If the effects of the crisis can no longer be police force, which shall be national in scope and
controlled even by its author, it is now a civilian in character, to be administered and
DISASTER. controlled by the NPOLCOM. The authority of local
executives over the police units in their jurisdiction
Types of Crisis shall be provided by law
 Natural crisis – is typically natural disasters ❑ Sec. 444 and 445, R.A. 7160
considered as acts of God, such as - The mayor shall act as the deputized
environmental phenomena as representative of the NAPOLCOM, which shall
earthquakes, volcanic eruptions, exercise operational control and supervision over
tornadoes and hurricanes, floods, the local police forces in the city and municipality.
landslides, tsunamis, storms, and droughts
that threaten life, property, and the Hostage Incident
environment itself. It is any incident in which people are being
 Man-Made Crisis held by another person or persons against their
- civil disturbance, revolt, revolution, will, usually by force or coercion, and demands are
border incident, war, kidnapping, hijacking, being made by the hostage taker.
hostage-taking, terrorists activities, attacks on
government facilities, etc. Characteristics of a Negotiable Incident
 There must be a need to live on the part of
Objectives of Crisis Management a hostage taker.
 Resolve without further incident.  There must be a threat of force on the part
 Safety of all participants. of the authorities.
 Apprehension of all perpetrators.  There must be demands by the hostage
 Accomplishment of the task within the taker.
framework of current community  The negotiator must be seen by the
standard. hostage taker as a person who can hurt
PURPOSE OF CRISIS MANAGEMENT:

“SALVARI VITAS” – to save lives the hostage taker but is willing to help him.
 There must be time to negotiate.
PHASES OF CRISIS MANAGEMENT  A reliable channel of communication must
❑ Proactive Phase (3P’s) exists between the hostage taker and the
- includes prediction, prevention and negotiator.
preparation.  Both the location and the communications
❑ Reactive Phase (PIAP) of the incident need to be contained in
order to encourage negotiation.
 The - after assessing the situation and
negotiator must be able to deal with the weighing the odds, usually come to terms with the
hostage taker making the decisions. police.
PROPER HANDLING: show force but refrain from
Hostage - Is a person held as a security for the unnecessary violence or useless killing.
fulfillment of certain terms
Negotiate - It means to arrange or settle by 2. PSYCHOTIC INDIVIDUAL
conferring or discussing. - present different and somewhat complex
Crisis Negotiation - means the use of problems
communication techniques and strategies to - irrational
influence a person to change his behavior in PROPER HANDLING: the hostage taker may feel a
accordance with goals within legal, ethical and degree of pleasure if he finds himself important,
moral constraints. being the center of attraction
- prolonging the time
PRIORITIES IN HOSTAGE SITUATION
❑ Preservation of live 3. TERRORIST
❑ Apprehend hostage taker - more difficult to handle
❑ To successfully negotiate; there must be - when caught, they rationalize by claiming
need to live on the part of the hostage to be revolutionaries a situation they resolve to die
taker and a threat of force by the for a cause.
authorities. PROPER HANDLING: their causes may deteriorate
in the passage of time.
CATEGORIES OF HOSTAGE-TAKER - if they kill one of the hostages, the
❑ PERSONS IN CRISIS negotiators then must set to save the remaining
- people who take hostages during a period hostages.
of prolonged frustration, despair and problems.
❑ PSYCHOTICS HOSTAGE TAKER’S DEMANDS
- mentally-ill people who take hostage ❑ Negotiable
during a period of psychiatric disturbance. - food, cigarettes, drinks, alcohol,
❑ COMMON CRIMINALS transportation, media coverage, freedom
- people who take hostages for personal ❑ Non-Negotiable
reason. - weapons, ammunitions, drugs, release of
❑ PRISONER- people who take hostage prisoners, exchange of hostages
because of dissatisfaction and discontent
regarding their living condition in prison.
❑ POLITICAL TERRORIST
- people who take hostages because of PRINCIPLES IN HOSTAGE NEGOTIATION
political and ideological beliefs. ❑ the hostage has no value to the hostage
taker
HANDLING OF SPECIFIC HOSTAGE SITUATION ❑ the priorities in the hostage situations are
1. PROFESSIONAL CRIMINAL the preservation of life and the
- easiest to handle apprehension of the hostage taker,
- rational thinker recover and protect property.
❑ hostage situation must not go violently
❑ there ❑ in retreating, face hostage
must be a need to live on the part of the taker slowly backing out of the door.
hostage taker 6. Surrender approach– start with a position
approach, act as if hostage taker will surrender. Do
IMMEDIATE ACTIONS OF THE NEGOTIATOR not talk too much. Gradually ask him to surrender.
UPON ARRIVAL AT THE SCENE OF INCIDENT Reassurance is the wisest thing to do. Talk details
1. Containment of surrender process. And explain why now is
❑ controlling situation and area by people better than later.
involved.
2. Establish Contact Crisis Negotiation Bargaining Techniques
❑ communicate with the leader ❑ The use of time to increase basic needs,
3. Time Lengthening making it more likely that the subject will
❑ give more time to the police to organize exchange a hostage for some basic needs.
and coordinate plan of action. ❑ The used of time to collect intelligence on
4. Telephone Negotiation Technique the subject that will help develop a trade.
4.1. Be the caller (talk with the leader only) ❑ The use of time to reduce the subject’s
4.2. Plan and prepare expectation of getting what he wants.
4.3. Be ready with graceful exit ❑ Trades can be made for food, drink,
4.4. Discipline yourself to listen. transportation and money.
4.5. Do not tell that you are the ❑ Trades cannot be made for weapons or the
commander, neither your rank exchange of hostages.
4.6. Just tell “My name is…I am a police ❑ The boss does not negotiate.
negotiator and willing to help. ❑ Start bidding high to give yourself room to
4.7. Delay tactic – to wear down hostage negotiate.
taker, physically, psychologically and ❑ Never draw attention to the hostages, it
emotionally. Will also give more time for gives the subject too much bargaining
police organize and coordinate plan course power.
of action. ❑ Manipulate anxiety levels by cutting off
4.8. In case hostage taker won’t talk, power, gas, etc.
continue negotiating. Don’t loss hope!
Stockholm Syndrome
Advantages of Telephone Conversation It is the development of unique relations
1. easier to say NO between the hostages and the hostage taker. A
2. easier to conclude the conversation strong attachment of the hostage victim to the
3. conversation is quicker hostage takers after a long period of captivity, by
4. important items are more easily the hostage became sympathizer of the hostage
committed caller has the advantage takers.
5. Need for face-to-face conversation CRISIS MANAGEMENT TEAM

❑ Don’t be over anxious
❑ wear body armor Team – is a small group of people with
❑ have tactical back-up (snipers) complementary skills who are committed to a
❑ Face-to-face, maintain proper distance; common purpose, performance goals and
◦ Proper distance – 1 to 3 feet. approach for which they hold themselves mutually
◦ Intimate distance – about 6 inches accountable.
It is the position from which a unit
The Negotiating Team commander and his staff exercise command over
 Negotiator Supervisor – is responsible for the hostage incident.
the overall functioning of the negotiating
team. In addition to his supervisory skills, Ground Commander is the designated senior
the supervisor must have leadership ability. officer in command of the incident. Also termed
He should see to it that the situation is “incident commander”
negotiable, appropriate personnel is
available, intelligence is gathered in timely Inner and Outer Perimeter
manner, communications are established,  Inner Perimeter – is the immediate area of
negotiation strategy is working-out, an containment as designated by the on
appropriate record of the negotiation is ground commander
kept and the commander is well informed.  Outer Perimeter – is a secondary control
 Primary Negotiator – is the direct area surrounding the inner perimeter,
communication link to the hostage taker providing a safe zone for access to the
and is responsible for developing verbal inner perimeter.
tactics, monitoring and assessing the
hostage taker’s level of emotional arousal The Tactical Team
and helping the hostage taker engage in Is an assault team responsible in carrying
problem solving. out assault operation whenever negotiation fails.
 Secondary Negotiator – is the pipeline A unit of specially selected, appointed, trained and
between the negotiation team and equipped officers that provides assistance in
primary. He helps to develop verbal tactics, those incidents that would require special tactics,
provides moral support for the primary. techniques and equipment.
 Intelligence Officer – is responsible for
gathering intelligence from various Tactical Team Components
sources, interviewing all relevant persons Tactical Supervisor – is responsible for the
involved in the incident, collating and mobilization of the members of the team,
disseminating that information, deployment of the containment team,
maintaining and updating status boards development of the tactical plan and operation of
and making sure that all response units are the assault and arrest teams.
receiving accurate and timely intelligence.
 Mental Health Consultant – is responsible The tactical team is divided into three major
for evaluating the personality of the components:
hostage taker, recommending negotiation 1. First Component – this component is
strategies, monitoring team stress, responsible for maintaining perimeter control
monitoring stress among the hostage both inner and outer. Also called containment sub-
takers and hostages. team.
 Equipment Officer – is someone who 2. Second Component – the second
understands technical information component is apprehension and assault team.
regarding radios, computers, phone Members of this sub-team make an undetected
systems, mechanical systems, etc. and can approach to the location, plan and prepare for the
make minor repairs. release of hostages, and make an assault if
necessary. Also called apprehension and assault
Command Post sub-team.
3. next step slow so nobody gets
Third Component – is the sniper / observer sub- hurt” “Check on your people for me to be
team. The sniper/observer sub-team (third sure everyone is alright”
component) has two responsibilities:
 Provide intelligence on factors present at Active Listening Techniques
the location. These factors may include  Open-Ended Questions/Statements –
physical layout, placement of walls, question or statements directed at the
furniture, specific location of hostages and hostage taker designed to get him to open
hostage takers, clothing and mental state up and give a long, verbal answer.
of hostages and hostage takers.  Effective Pauses – not saying anything
 Prepare for a shot on the hostage taker. when the hostage taker finishes talking,
encouraging him to fill the empty or blank
Verbal Tactics in Crisis Communications space with additional communications or
 Concerned attitude – the negotiator information. Periods of silence that is used
communicates with an attitude that he has to emphasize a point or to encourage the
genuine interest in the hostage taker. subject to say more.
Example: “Tell me what happened” “That  Minimal Encouragement – saying yes, ok
must have been hard/sad/threatening” and or other verbal indicators that the
“I’d really like to help you” negotiator is actually listening to the
 Reasonable-problem solver – the hostage taker. Brief, well-timed response
negotiator assumes the role of a leader. that let the subject knows the negotiator is
Example: “Let’s work together to be sure paying attention. It is a neutral non-
everyone is safe” “What would you like to threatening response that can be used
do about this” Let’s see what other with any subject.
solutions are possible”  Mirroring (Reflecting Feelings) – a
 Buddy-fellow traveler – it is one of response in which the negotiator mirrors
commiseration with the hostage taker and back to the hostage taker the emotions of
works well with trapped felons, impulsive the hostage taker in communicating, the
people and antisocial personalities. negotiator repeats the last word or phrase.
Example: “Man I hear you, bosses never  Paraphrasing – a response in which the
understand” “You know how they are negotiator gives the hostage taker the
about”
essence of his message in the negotiator’s
 Columbo-dumb but trying persona – the words. The negotiator repeats the
negotiator does not have all the answer subject’s meaning in the negotiators
but is trying to do the best he can. Example: words. It shows that the negotiator is
“I know it’s taking a long time but we are listening and understands the content of
trying” “I hate that I can’t help any faster the subject’s message.
but ____”  Emotional Labeling (Reflecting Meaning)
 Non-judgmental and directing – the – a response in which negotiator let the
negotiator is compassionate but firm and hostage taker know he understands the
competent. It is good with depressed facts and the feelings the hostage taker is
persons, disoriented or dependent people. communicating. The use of emotionally
Example: “You sound pretty excited, take a descriptive words to show that the
deep breath and relax” “Let’s take this
during the conduct of the
negotiator understands the feelings the
operation Bonnets shall not be used.
subject is experiencing.
Sec.5. Assault plan – the assault shall be planned
 I-Messages – a response in which the
to ensure minimal threat to life for all parties.
negotiator expresses his emotions in
Sec.6. Support Personnel – an ambulance with
response to the hostage taker. These are
medical crew and a fire truck shall be detailed at
messages that personalize the negotiator
the incident.
without becoming a personal attack and
Sec.7. Coordination – proper coordination with all
allow negotiator to introduce new ideas
participating elements shall be done to
without raising excessive resistance.
consolidate efforts in solving crisis.
 Summative Reflections – a response in
Sec.8. Safety of Hostage(s) – in negotiating for
which the negotiator summarizes the main
the release of a hostage, the safety of the hostage
facts and feelings that the hostage taker
shall always be paramount.
has expressed over a relatively long period.
Sec.9. Procedures to be followed during
negotiations
Implementation of Methods to Deal with Hostage
The following shall be undertaken in the conduct
situation
of negotiations:
Rule 22. Hostage Situation of the revised PNP
a. Stabilize and contain the situation;
Operational procedures
b. Select the right time to make contact with the
Sec.1. Procedures to be followed in a Hostage
hostage-taker;
Situation – the following steps shall be
c. Take time when negotiating;
undertaken:
d. Allow hostage-taker to speak;
a. A crisis management task group shall be
e. Don’t offer the hostage-taker anything. What he
activated immediately
will ask for will be part of the negotiation;
b. Incident scene shall be secured and
f. Avoid directing frequent attention to the victim
isolated
when talking to the hostage taker;
c. Unauthorized persons shall not be
g. Do not call them Hostages. Be as honest as
allowed entry and exit to the incident scene
possible; avoid tricks; be sincere;
d. Witnesses’ names, addresses, and other
h. Never dismiss any request from the hostage-
information shall be recorded. Witnesses
taker as trivial or unimportant;
shall be directed to a safe location.
i. Never say “NO”
j. Soften the demand
k. Never set deadline; try not to accept a deadline;
Sec.2. Ground Commander – there shall be only
l. Do not make alternate suggestions not agreed
one Ground Commander in the area.
upon in the negotiation;
Sec.3. Negotiators – negotiators shall be
m. Do not introduce outsiders (non-law
designated by the Ground commander. No one
enforcement officers) into the negotiation
shall be allowed to talk to the hostage-taker
process, unless their presence is extremely
without clearance from the negotiating panel or
necessary in the solution of the crisis; provided
Ground Commander
that they shall be properly advised on the do’s and
Sec.4. Assault team – an assault team shall be
don’ts of hostage negotiations;
alerted for deployment in case the negotiation
n. Do not allow any exchange of hostages, unless
fails. Members of the assault team shall wear
extremely necessary; in particular, do not
authorized and easily recognizable uniform
exchange a negotiator for a hostage;
o. Avoid negotiating face-to-face; and
p. Law increase startle response and
enforcement officers without proper training shall alcohol and drug abuse.
not be allowed to participate in hostage  Physical Aftereffects – this include the
negotiations. following:
a. Sleep disorder – most common physical
Five Categories of Hostage-takers aftereffects. Some cannot sleep the entire
1. Person in Crisis- are people who take night, some sleep too much than they did
hostages during a period of prolonged before captivity, some sleep much less,
frustrations, despair and problems. some can only cat-nap. Some requires
2. Psychosis- are mentally-ill people who medication to sleep. Some do not enter
take hostages during a period of into Stage 4 sleep and some very seldom
psychiatric disturbance. engage in Rapid Eye Movement (REM)
3. Common criminals- are people who take sleep.
hostages for personal, rather than
ideological, reasons. Stage 4 Sleep – is the deep sleep that
4. Prisoners- are people who take hostages immediately precedes REM sleep, it is
because of dissatisfaction and discontent necessary for the body to replenish itself
regarding their living conditions in prison. and it is the sleep where the greatest
5. Political terrorist – are ideologically- physiological benefits are derived.
inspired individuals or groups of people
who take hostages because of political and b. Nightmares – include sights, sounds,
ideological beliefs. smells, tastes, physical pains and emotions
of captivity.
The Aftereffects of Captivity
 Emotional Aftereffects – the hostage taker b. Withdrawal from Close Personal
is unable to emotionally relax, remains Relationship – the ex-hostage may erect an
fearful of the future, and becomes invisible wall and not allow anyone inside
apprehensive, tense, and nervous, that wall.
experiencing an anxiety like attack. The ex-
hostage may shake uncontrollably,  Medical Aftereffects – majority of
experiencing unexplained fear. hostages do not experience medical
 Cognitive Aftereffects – the hostages aftereffects, however to a few who
believed they failed themselves, co- experienced prolonged, severe, and
workers, friends and family. That somehow physical abusive captivity, medical
they are less of a person for having been aftereffects may be an issue.
captive. Self-criticizing and second-
guessing are common. Statements such as  Positive Aftereffects – some hostages may
“if only I had done so and so I wouldn’t experienced positive effects of the incident
have been captured”, are commonly in which instead of having lowered self-
heard. esteem, have heightened self-esteem.
 Behavioral Aftereffects – this include They believed themselves to be better
social and self-isolation, uncontrollable people for having suffered and endured
crying, and increase or decrease in captivity and it made them a better person
aggression, poor concentration, intrusive
thoughts, trouble with authority figures, an Ten (10) Steps to be taken during crisis
3. International Terrorist- a terrorist
1. Assess the situation – by knowing the
who is controlled by, and whose actions
following: what is happening and why,
represent, the interests of a sovereign
What is likely to happen and how quick the
state.
response should be to avoid further
Terrorist Motivation and Group Classification:
damage in all aspect; who are involved and
1. Minority Nationalistic Group- groups
who else and resources at hand
fighting the majority of the community
2. Draw preliminary plan of action – step by
where the support base will depend on
step and have contingency plan for the
ethnic, religious or linguistic minorities at
eventualities
odds with the majority community.
A contingency plan is a plan devised for an
2. Marxist Revolutionary Group- here the
outcome other than in the usual plan
terrorist movement is characterized by its
3. Line up a crisis management team – deal
possession of a coherent Marxist ideology,
with the situation set up a crisis
or any persuasion, and a long-term strategy
management center.
for bringing about a socialist revolution.
4. Set up a crisis management center
3. Anarchist Group- true anarchist are
5. Communication system – to have an
difficult to find since true anarchy brings
immediate access to all members of the
lawlessness and disorder, which is a natural
team prioritize matters face problems one-
state in which humans exist.
at a time prepare detailed plan
4. Pathological Groups- their motivations
continuously monitoring what exactly is
normally have more to do with personal
happening, evaluate actin and reaction,
inadequacy, hatred of family or specifically
6. Prioritize matters
identified persons or things, than with
7. Face problems one at a time
acquired ideology.
8. Prepare detailed plans
5. Neo-fascist and extreme right wing
9. Continuously monitor what exactly is
group- appearing to counter the activities
happening
of the Left and may pose a more serious
10. Evaluate actions and reactions
threat to security forces than the more
traditional terrorist groups.
TERRORISM- the calculated use of violence or the
6. Ideological mercenaries- it is a new form
threat of violence to attain goals, often political or
of terrorism from men and women, who,
ideological in nature, through fear, intimidation or
for the sake of a shared ideology and a
coercion. It usually involves a criminal act often
common faith in worldwide revolution,
symbolic in nature and intended too influence an
rather than money, are ready to cross
audience beyond the immediate victim.
frontiers to pursue their causes.
Three Groups of Terrorists:
Phases of a Terrorist Incident
1. National Terrorist- this is a terrorist who
1. Pre-incident Phase- during this phase the
operates and aspires to win political power
terrorist plan the event, normally based on
within a single nation
their intentions, short-range objectives and
2. Transnational Terrorist- this is a terrorist
long-term strategy and on information and
who operates across national borders,
experience. This includes the planning
whose actions and political aspirations may
phase. During this phase, secrecy and
affect individuals of more than one
operations security are of utmost
nationality.
important for success.
2.
Initiation Phase- It is the point of no return.
It is the event that marks the beginning of
the operation; it is marked by movement of
the objective, followed by perhaps the
detonation of a bomb in an ambush or the
physical taking of hostages.
3. Climax Phase- it may well follow the
initiation phases as in a single bomb
incident, or may last for days or weeks as in
a live hostage situation. The climax marks
the end of the incident.
4. Post-incident Phase- the time when the
terrorists regroup and engage in self-
criticism. The criticism will provide valuable
input for the pre-incident phases of
subsequent operations.
9/11 TERRORIST ATTACK

The September 11 Attacks were a series of
four coordinated terrorist attacks launched by the
Islamic Terrorist group AL-QAEDA upon the United
States in New York City and Washington D.C Area
on Tuesday, September 11, 2001.
4 Airplanes that crashed during the 9/11 bombing

1. American Airlines Flight 11
2. United Airlines Flight 175 = WTC
3. American Airline Flight 77 = target is

the pentagon
4. United Airlines Flight 93 = crashed
at Shanksville Pennyslvania, original
target was the pentagon
2. Descriptive Research – the
CRIM. 6: CRIMINOLOGICAL RESEARCH AND researcher studies the relationships of the
STATISTICS variables.
3. Experimental Research – the experiment
Meaning of Research studies the effects of the variables on each other.
= scientific investigation of phenomena which
includes collection, presentation, analysis and D. According to the Type of Analysis
interpretation of facts that links man’s speculation 1. Analytical Research – the researcher attempts
with reality. to identify and is isolate the components of the
= systematic, controlled, empirical and critical research situation.
investigation of hypothetical proposition about 2. Holistic Research – begins with the total
the presumed relations among natural situation. Focusing attention on the system first
phenomena. and then on its internal relationships.
KINDS AND CLASSIFICATION OF RESEARCH E. According to Scope – Under this category is

A. According to Purpose Action Research. This type of research is done on
1. Predictive or Prognostic Research – has the a very limited scope to solve a particular problem
purpose of determining the future operation of which is not so big. It is almost problem solving.
the variables under investigation with the aim of
controlling or redirecting such for the better F. According to Choice of Answers to Problems
2. Directive Research – determines what should 1. In Evaluation research, all possible courses of
be done based on the findings this is to remedy action are specified and identified and the
an unsatisfactory condition, if there is any researcher tries to find the most advantageous.
3. Illuminative Research – is concerned with the 2. In developmental research, the focus is on
interaction of the components of the variable finding or developing a more suitable instrument
being investigated, as for example, “interaction or process than has been available.
of the components of educational systems and
aims to show the connections among, for G. According to Statistical Content
example, students’ characteristics, organizational 1. Quantitative or statistical research – is one in
pattern and policies, and educational which inferential statistics are utilized to
consequences determine the results of the study. Inferential
statistics such as correlation, chi-square, analysis
B. According to Goal of variance, etc. are used to test the hypothesis.
1. Basic or pure Research – is done for the This type of research usually includes comparison
development of theories and Principles. studies, cause-and-effect relationships, etc.
2. Applied Research – is the application of the 2. Non-quantitative research – This is research in
results of pure search. This is testing the efficacy which the use of the quantity or statistics is
of theories and principles. aims to test theories practically nil. This is especially true in
and concepts developed for verification, anthropological studies where description is
application, development and support and their usually used. Descriptive data are gathered
relationship to the existing fund of knowledge rather than quantitative data.
C. According to the Level of Investigation H. According to Time Element

1. Exploratory Research – the researcher studies 1. Historical research describes what was.
the variables pertinent to a specific situation. 2. Descriptive research describes what is.
3. Experimental research describes what will be. M = Measurable – easy to measure by using
research instrument in collection of data
Steps in Scientific Method of Research A = Achievable – data are achievable using
(Sequential) correct statistical treatment/techniques to arrive
1. Determining (recognizing) the problem at precise results
2. Forming a hypothesis R = Realistic – real results are not manipulated
3. Doing the library search T = Time-bound – time frame is required in every
4. Designing the study activity because the shorter completion of the
5. Developing the instruments for collecting data activity the better
6. Collecting the date
7. Analyzing the data Capsulizing Research Problem into Title
8. Determining implications and conclusions fro 1. It should clearly and specifically stated
the findings 2. Variables investigated should by all means be
9. Making recommendations for further research. written as part of the title
3. Relationship between and among variables
Standard format of Thesis Writing should be indicated
1. The Problem and the Setting 4. Target population should be indicated in the
2. Related Literature and Studies title to achieve specificity
3. Methods of Research and Procedures 5. It should have a maximum of twenty
4. Analysis, Presentation, and Interpretation of substantive words.
Data 6. Function words should not be placed at the
5. Summary, Conclusions, and Recommendations. end of each line
7. Title must take the form of an inverted pyramid
Principles of the Scientific Method Note:
1. Rigid control – is the manipulation of the Avoid redundancies like “A Review of…”,
research variables. “An Analysis of…”, An Evaluation of…”, “An
2. Objectivity – is that there should be no bias or Assessment….” and the like because even
partiality in treating the result of inquiry. without those terms, the researcher will review,
3. Systematic organization – refers to proper and evaluate, assess or analyze the problem posted in
accurate tabulation of data as well as presenting the study.
them in statistical tables ready for interpretation.
4. Rigorous standards – refers to the setting up of Avoid Plagiarism
standards or principles which serve as Basis for Plagiarism is an act of incorporating into one’s
the evaluating the findings of a study. This also work the work of another without indicating the
refers to the accurate statistical computation and source
interpretation of qualified data. = the unacknowledged used of somebody else’s
words or ideas
Three (3) Major Research Methods = an act wherein the writer uses passages, ideas,
Historical writings, and statements of others without giving
Descriptive due credit
Experimental methods of research
Construction of the Main Problem and Sub-
Attributes of Good Research Problem problem of the Study
S = Specific – specifically stated
1. The main problem of the study may be stated Conceptual Framework

by briefly pointing out the objectives, the subject = an illustration of how research problems are
and the coverage of the study. generated from the theoretical framework of the
Ex. The study aimed to assess the acceptance of an study
accurate polygraph results as evidence in court. = it may be some sort of modification of the
2. Specify the sub-problems of the main problem. theoretical framework or personally
Ex. Specifically, it sought to answer the following conceptualized by the researcher
sub-problems:
1. To what extent does the application of Presentation of Conceptual
polygraph examination affect the attainment of an Framework/Paradigm
accurate results to be presented as evidence in 1. The research paradigm must clearly show the
court in terms of: major impact of the cited theory on the variables
1.1. examiner’s competency; (dependent and independent variables) of the
1.2. facility and instrument; study.
1.3. techniques and procedures; and 2. An existing theory may be capsulized in a
1.4. subject’s condition? research paradigm which may be adopted with
some modifications.
Theoretical Framework 3. There must be textual explanations of the
✓ Theoretical framework is the foundation variables in the paradigm. Textual explanations
of the study. should come before the figure or paradigm.
✓ The theory should have a relationship with
the issues posted in the study Assumption and Hypothesis
1. Assumption = self-evident truth which is based
Types of Theories upon known fact or phenomenon. it is not usually
1. Descriptive Theory = seeks to describe a answered or proven because it is assumed true or
phenomenon correct which are beyond the control of the
2. Prescriptive Theory = seeks to tell how and researcher.
sometimes why one should or ought to behave in Note: In historical and descriptive researches, it is
certain ways often times not explicitly expressed but left implicit,
that is, unwritten
Guidelines in Choosing Theory 2. Hypothesis = tentative conclusion or answer to
1. Research must be well-founded on universally specific question raised at the beginning of the
accepted, known and tested theory, principles or investigation. It is an educated guess about the
concepts. answer to a specific question.
2. Research may be anchored on several theories
available. Types of Hypothesis
1. Descriptive Hypothesis = use to answer
Presentation of Theoretical Framework descriptive questions
Ex. The framework of the study is anchored on Ex. Sub-problem:
…………..…………… 1. What is the profile of the polygraph examiners of
law enforcement agencies in terms of:
1.1. age;
1.2. marital status;
1.3. educational attainment; and
A hypothesis is formulated after
1.4. Length of Service the problem has been stated and the literature
Ex. Hypothesis study has been concluded. It is formulated when
“Majority of the respondents belong to the age the researcher is totally aware of the theoretical
bracket of 30 to 40, male, college graduate and and empirical background of the problem.
about 20 years in service.”
Guidelines in the Formulation of Explicit
2. Statistical Hypothesis = use to answer Hypothesis
questions on the relationship or differences of In experimental investigations,
data obtained in descriptive questions. comparative and correlational studies, hypothesis
has to be explicit or expressed.
Forms of Statistical Hypothesis In descriptive and historical investigations,
1. Null Form = always the first temporary solution hypothesis are seldom expressed if not entirely
to a problem absent. The specific questions serve as the
= basis of the action of acceptance or rejection hypothesis.
= the word null in mathematics means empty Hypotheses are usually stated in the null
zero form because testing a null hypothesis is easier
= asserts that there is no significant difference or than a hypothesis in the operational form.
relationship between the variable Hypotheses are formulated from the
= stated in negative specific questions upon which they are based.
Ex. There is no significant difference between Ex. of Statistical Hypothesis
Sub-problem:
2. Operational/Alternative (Ha) = stated in Is there any significant difference on the assessment
affirmative of the groups of respondents with regards to the
Three forms of alternative hypothesis: extent of application of polygraph examination in
1. non-directional hypothesis the attainment to be accurate results to be
2. positive directional hypothesis presented as evidence in court in terms of
3. negative directive hypothesis examiner’s competency, facility and instrument,
techniques and procedures, and subject’s
Nondirectional Hypothesis – indicates that the condition?
researcher is not interested on whether one
variable is greater or lesser than the other, but Hypothesis:
only in the difference. The is no significant difference on the assessment of
Ex. Drug A and Drug B have significant effects on the groups of respondents with regards to the
the cure of fever. extent of application of polygraph examination in
Ha: A = B the attainment of accurate results to be presented
Positive Directional Hypothesis as evidence in court in terms of examiner’s
Ex. Drug A is more effective than Drug B on the competency, facility and instrument, techniques
treatment of fever. and procedures, and subject’s condition.
Ha: A > B
Negative Directional Hypothesis Research Designs
Ex. Drug B is more effective that Drug A on the A. Qualitative Research Design = involves in
treatment of fever. depth analysis of the problems. Its focused
Ha: A < B is to provide accurate description
Formulating Hypothesis
of
problems w/o attempting to treat or 2. Correlational = it measures the extent or
employ sophisticated statistical tools or magnitude of association between two variables.
describe problems. =measures the existing relationship of variables
=also known as Associational Research
Types of Qualitative Research 3. Experimental = the researcher manipulates,
1. Historical = systematic and critical inquiry of the changes or alters the inputs or independent
whole truth of past events using the critical variables to see the effects on the dependent
method in the understanding and the variables.
interpretation of facts, which are applicable to =most commonly used methods to advanced
current issues and problems. scientific knowledge
2. Ethnographic = aims to provide a holistic view
of the problem. Data are gathered through Sampling Designs
observation, interview and participation A. Scientific Sampling = each member of the
3. Case Study = intensive investigation of a population is given the chance of being included in
particular individual, institution, community or any the sample.
group considered as a unit which includes the Population = specific aggregation of the elements
development, adjustment, remedial, or corrective = also known as universe
procedures that suitably follow diagnosis of the Sample = representative portion of a whole
causes of maladjustment or of favorable = subset of a population
development.
Types of Scientific Sampling
B. Quantitative Research Design = its focused is to 1. Restricted Random = applicable only when the
describe problems descriptively and numerically. population being investigated is homogenous.
It utilizes more statistical tests to explain the 2. Unrestricted Random = the best random
nature, characteristics, relationships and sampling design because no restriction is imposed
differences of variables and every member of the population has an equal
chance of inclusion in the sample
Types of Quantitative Research 3. Stratified Random = it divides first the
1. Descriptive = describes and interprets WHAT is. population into two or more strata. For each
It is concerned with conditions or relationship that stratum, the sample items were drawn at random
exist, practices that prevail, beliefs and processes 4. Systematic = a design which all individual in the
that are going on, effects that are being felt or population are arranged in a methodical manner,
trends that are developing. i.e. alphabetical or chronological (age, experience)
and the name may be selected in the construction
Sub-types of Descriptive Research of the sample
a. Descriptive-Survey = involves collection of 5. Multistage = done in several stage, it can be
information on people, events and other topics of two-stage, three, four or five stage, etc…,
interest to the researcher. depending on the number of stages of sampling
b. Descriptive-Documentary = involves content to be used.
analysis because the documentary technique 6. Cluster Sampling = population is group into
includes analysis of content. It is used when data clusters or small units, for instance, block or
cannot be obtained through questionnaire or districts, and are selected by random sampling or
observation. systematic sampling.
b. Closed-Ended = also referred as
=advantageous when individuals in the districts or
guided response type, closed form or restricted.
blocks belong to the heterogeneous group
= respondents are guided in answering questions
B. Non-Scientific Sampling = in this sampling there
= options may be provided like in multiple choice
is subjectivity on the on the part of the researcher
test while answers are based on the rating scales
because not all the individual in a population are
provided
given an equal chance of being included in the
sample
2. Interview = involves face to face contact
between the interviewee and the interviewer
Types of Non-Scientific Sampling
1. Purposive = based on choosing individuals as
Types of Interview
sample according to the purposes of the
a. Structured Interview = there is a set of carefully
researcher
prepared questions and their expected answers
2. Incidental = a design applied to those samples
are provided
which are take because they are most valuable
b. Unstructured Interview = respondents are free
= the researcher simply takes the nearest
to express their opinions
individual as subjects of the study until the sample
= also termed as non-directive or informal
reaches the desired size
3. Quota Sampling = popular in the field of opinion
3. Observation = may be defined as perceiving
research due to the fact that it is done by merely
data through the sense: sight, hearing, taste,
looking for individuals with requisite
touch and smell
characteristics
=sense of sight is the most important and most
used
Research Instrument = a device designed or
= most direct way and most widely used in
adopted by researcher for data gathering
studying behavior
Classification of Research Instrument
Types of Observation
1. Researcher Instrument = the researcher obtains
a. Formal Observation = researcher makes a guide
information or data himself with little or no direct
on what to observe. Possible responses may also
involvement of the other people
be outlined
2. Subject Instrument = the information is
b. Informal Observation = needs critical evaluation
collected directly from the respondents
of the observation made to avoid biased results
3. Informant Instrument = the information or data
= recommended for qualitative research
is collected from those knowledgeable of the
subject matter
Recording of Results of Observation
1. Checklist = contains the items to be observed
Commonly Used Instruments
2. Rating scale = used in observing behavior
1. Questionnaire = written or printed form
3. Anecdotal Forms = provides for the fewer
containing the questions to be asked on the
breakdowns of dimensions or factors
respondents.
4. Mechanical Record = use of motion or still
pictures, sound recording
Types of Questionnaire
5. Stenographic Recording
a. Open-Ended = respondents are forced to
answer the questions asked in the questionnaire.
=best suited to a qualitative research study
Qualities of
Good Research Instrument Tools of Descriptive Statistics
1. Validity = degree to which a measuring 1. Frequency Counting/Distribution
instrument measures what it intends to measure 2. Percentage
3. Ranking
Types of Validity 4. Measures of Centralities
a. Content-Related Validity = refers to content and a. Mean
format of the instrument which must answer the b. Median
following criteria: appropriateness; logical; c. Mode
adequate; and, proper format d. Measures of Variability
b. Criterion-Related Validity = refers to the
relationship between scores obtained using one B. Correlational Statistics = used to determine the
or more instruments or measures degree or magnitude of association between two
c. Construct-Related Validity = refers to the nature variables.
of psychological construction or characteristics =treats bivariate and multivariate problems
being measured by the instrument
Specific Measures of Correlational
2. Reliability = extent to which the instrument is 1. Pearson Product Moment Coefficient (Pearson
dependable, self-consistent and stable r)
=consistency of responses from moment to 2. Spearman Rank-Order Coefficient of Correlation
moment (Spearman rho)
= even a person takes the same test twice, the test 3. Kendall’s Tau Coefficient of Correlation
yields the same results 4. Kendall’s Coefficient of Concordance W
= reliable test may not always be valid 5. Point Biserial Coefficient of Correlation
6. Phi Coefficient of Correlation
3. Usability = otherwise known as Practicability
= degree to which the research instrument can be C. Inferential Statistics = used when in making
satisfactorily used. It may be determined thru: inferences on the magnitude of differences of the
a. ease of administration samples from a large universe.
b. ease of scoring = used in testing hypothesis like differences bet.
c. ease of interpretation two or more variables
d. low cost = treats bivariate and multivariate problems
e. proper mechanical make up
Types of Inferential Statistics
Statistics = science which deals with the 1. Parametric Test = applicable when the data
systematic process of collecting, organizing, measured is in interval or ratio scales
classifying, presenting, interpreting and analyzing
data Types of Parametric
a. T-Test and Z-Test = used to determine two
variable means which differ significantly
Types of Statistics b. F-test = (Analysis of Variance – ANNOVA) used
A. Descriptive Statistics = it is used to determine to determine significant differences between
the nature of variables without any attempt to three or more variables
critically compare the extent of relationships or
differences with other variables
he can compare and conclude which
2. Non-Parametric = used in ordinal or rank or of the two is better
nominal data 10. Cost-Effective = applicable in comparing the
cost between two or more variables and to
Types of Non-parametric determine which of the variable is most effective
a. Chi-Square Test (X2) = used to compare the
frequencies obtained in categorized variables Interpretation of Data = an act or instance of
= used to determine the difference between three interpreting an explanation. This is done to give
or more variables meaning to data generated from the instrument
b. Mann-Whitney U-Test to answer the problems raised in the study
c. Sign Test
d. Lambda Levels of Interpretation
e. Kruskall-Wallis 1. Table Reading
f. Friedman Analysis of Variance 2. Implications or Meaning of Data
g. McNemar Test 3. Cross referencing or corroboration wherein the
Data Analysis = an examination of data or facts in results are to be compared with the existing
terms of quantity, quality, attribute, trait, pattern, knowledge or finished studies
trend, relationship among others so as to answer
research questions which involve statistical THESIS FORMAT
techniques and procedures
Preliminary Pages
Types of Data Analysis a. Title Page
1. Univariate = tests a single variable to determine b. Approval Sheet
whether the sample is similar to the population c. Acknowledgment
from which it has been drawn d. Dedication
2. Bivariate = it tests two variables on how they e. Table of Contents
differ from each other f. List of Tables
3. Multivariate = it tests three or more g. List of Figures
independent variables at a time on the degree of h. Abstract
relationship with dependent variables
4. Normative = the results of the study is CHAPTER 1
compared with the norm THE PROBLEM AND ITS SETTNG
5. Status = stresses real facts relating to current Introduction
conditions in a group of subjects chosen for study ✓ Presents the problem. What the
6. Descriptive = describes the characteristics, problem is all about
compositions, structures that occur as units within ✓ Rational or reasons for conducting
the larger structure the study
7. Classification = analysis which is usually Setting of the Study
employed in natural science subjects ✓ Locality of the study. Place where
8. Evaluative = it appraises carefully the the study is to be conducted
worthiness of the current study Theoretical / Conceptual Framework
9. Comparative = the researcher considers at least ✓ Theoretical / conceptual foundation
two entities and establishes a formal procedure of the study
for obtaining criterion data on the basis of which
Statement of the Problem CHAPTER 3

✓ General and specific statement of RESEARCH METHODS AND PROCEDURES
the problem determined in the Research Method
study ✓ Brief description and justification of
Assumption or Hypothesis the research method used in the
✓ Self-evident truth based upon study
known fact or phenomenon Population and Sampling Scheme
(Assumption) ✓ Brief presentation of the entire
✓ Tentative conclusion or answer to population of the study and the
specific questions (Hypothesis) type of sampling techniques used in
Significance of the Study selecting sample respondents
✓ Contribution of the result of the Description of the Respondents
study to individuals, institutions, ✓ Contains detailed description of the
administrators, society, etc… respondents as to age, sex, marital
Scope and Limitation of the Study status, nature of employment,
✓ Boundaries in terms of time, etc…
sample, location (Scope) Research Instrument
✓ Weakness of the study beyond the ✓ Explanation on how the instrument
control of the researcher used in gathering data was develop
(Limitation) as well as its detailed description.
Definition of Terms Validation of Instrument
✓ It can be lexical or operational ✓ States brief discussion on how the
definition or a combination thereof instrument was validated
of different terms used in the study ✓ Instrument is tested on individuals
which are arranged alphabetically who are knowledgeable of the
subject matter but are not part of
CHAPTER 2 the respondents of the study
REVIEW OF RELATED LITERATURE AND STUDIES Procedures in Gathering Data
Foreign Literature ✓ Contains the step by step
✓ Published articles from foreign procedures used by the researcher
countries in reaching the respondents in
Local Literature order to gather data
✓ Locally published articles Statistical Treatment
✓ Contains discussion on the statistics
Foreign Studies used in consonance with the
✓ Foreign unpublished articles specific problem and hypothesis to
Local Studies be tested
✓ Locally unpublished articles
CHAPTER 4
Synthesis PRESENTATION, ANALYSIS AND
✓ Relevance of literature and studies INTERPRETATION OF DATA
to the present research ✓ Contains the answers to all the sub-
problems of the study
✓ Answers to the problems are stated one by Xxx END OF REVIEW MATERIALS FOR CRIMINAL
one according to the arrangement of sub- SOCIOLOGYXXXX
problems for clarity and understanding
✓ Answers are presented in textual and
tabular forms. Textual explanations come Disclaimer: Any illegal/unauthorized distribution
after the tables is strictly prohibited.
CHAPTER 5
SUMMARY OF FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS
The introductory paragraph should contain
the summary of statement of the problem,
hypothesis as well as research design.
Summary of Findings
✓ Contains the specific
findings/results of the study
✓ Presented as they were organized
and categorized in the sub-
problems of the study
✓ Written in past tense
Conclusions
✓ Written in present tense
✓ Should be based on the findings of
the study
✓ Logical and valid outgrowth of the
findings
✓ Should not contain any numerals
from the findings
✓ Organized and categorized
according to the sub-problems
Recommendations
✓ An appeal to people or institutions
concerned to solve the problems
discovered in the study
✓ No recommendations that will be
made for problems that were not
discovered in the study
✓ Practical and attainable

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PAMANTASAN NG LUNGSOD NG MUNTINLUPA

COLLEGE OF CRIMINAL JUSTICE

R.A. 6506 “An Act Creating the Board of Is criminology a science?

According to RA 11313 Nature of Criminology

2. According to the type of offender:

5) GREEK CODES 7) LEX SALICA (German Code)

9. Capital punishment is inefficacious and its

These theorists who concentrated on

studies their influences and relationship to

b. Percentage Share of the Occurrence of

𝐶𝑟𝑖𝑚𝑒 𝑅𝑎𝑡𝑒 𝑥 𝑃𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛

CRIM 2. PHILIPPINE CRIMINAL JUSTICE SYSTEM

4. Criminal Justice POLICE – initiator or prime mover of the CJS

proof which produces conviction in an

of Filipino policemen organized originally in each MARTIAL LAW PERIOD

enacted on December 13, 1990; reorganized the

5. Extend its services in the investigation of

and assist in cases of road accidents and

PERSONAL PROPERTY TO BE SEIZED GENERAL RULE IN EFFECTING SEARCH AND

EXCEPTION TO THE GENERAL RULE: Miranda Vs Arizona , 1966 – “Miranda Rights”.

SOME ROLES OF THE PROSECUTOR:

a. Provincial or City Prosecutors and their

If the inquest prosecutor fails to complete the THIRD PILLAR. COURT

A. DEFINITION OF TERMS: 4. A court has appellate jurisdiction if it can try a

absent or outside the province or city, the

d. Municipal Prisoners- one who is sentenced to

KINDS OF EXECUTIVE CLEMENCY

year after declaration of Martial law in 1972.

4) Within how may days should the Pangkat settle

5) How shall the settlement be made official?

6) Why should parties resort to amicable

7) What shall be the effect of the amicable

CRIM. 3: ETHICS AND VALUES 2. Human Acts in relation to reason:

accomplishing what is morally good and

SECTION 37, RA 6975 NEGLECT OF DUTY / NON-FEASANCE

3) To provide moral and ethical guidance to all

As a law enforcement officer, my I know that I alone am responsible for my

I will keep my private life unsullied as an PHILIPPINE NATIONAL POLICE CODE OF

Ends – goals, objectives

PROFESSIONAL POLICE PRINCIPLE PNP CORE VALUES

“RANK-HAS-ITS-OWN-PRIVILEGE” TURN-OVER CEREMONY

HALF-MAST PNP CUSTOMS ON SOCIAL DECORUM

Started on january 7 1995 community towards the attainment of a safe place

PNP VISION PUBLIC RELATIONS

4) The degree of the cooperation of the

9) The test of police efficiency is the absence OBJECTIVES OF POLICE-COMMUNITY RELATION

DUTIES OF PUBLIC RELATIONS OFFICER

- views minor who violate the laws as 4) ACCIDENTAL

2) EMOTIONALLY MALADJUSTED 2) PSYCHOGENIC APPROACH

3) PSYCHIATRIC DELINQUENTS 3) SOCIOGENIC APPROACH

TYPES OF DELINQUENT YOUTH DIFFERENT THEORIES CONCERNING

B. BIOSOCIAL OR TRAIT THEORIES 3 SUB THEORIES OF PSCYHOLOGICAL

D. SOCIOLOGICAL THEORIES KINDS OF MARRIAGE

DIVORCE is not acknowledge/recognized in the 6) TRUNCATEDbbbbbbbb –

- shall act as the policy-making body for

IMPORTANT PROVISIONS OF RA 9262 BATTERY

COMPREHENSIVE JUVENILE INTERVENTION 1) the imposable penalty for the crime

SYNDICATED CHILD PORNOGRAPHY

Special Classification of Child