INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY defined

Criminology- is a body of knowledge regarding delinquency and crime as a

social phenomenon (Tradio, 1999). It may also refer to the study of crimes and
criminals and the attempt of analyzing scientifically their causes and control and the
treatment of criminals.

 Is the body of knowledge regarding crime as a social phenomenon which includes

within its scope the process of making of laws, the breaking of laws and the reaction
of the society towards the breaking of laws. (Edwin H. Sutherland & Donald
Cressy)

 Refers to the scientific study of crime, criminals, and victims, it also deals with the
prevention, and solution of crimes.(R.A 11131)

Criminology - is a multidisciplinary study of crimes (Bartol, 1995). This means

that many disciplines are involved in the collection of knowledge about criminal action,
including, psychology, sociology, anthropology, biology, neurology, political science and
economics. But over the years, sociology, psychology, and psychiatry have dominated
the study of crime.

Sub-Fields of Criminology

Sociological Criminology – the study of crime focused on the group of people

and society as a whole. It is primarily based on the examination of the relationship of
demographic and group variables to crime. Variables such as socioeconomic status,
interpersonal relationships, age, race, gender, and cultural groups of people are probed
in relation to the environmental factors that are most conducive to criminal action, such
as time, place, and circumstances surrounding the crime.

Psychological Criminology – the science of behavior and mental processes of

the criminal. It is focused on the individual criminal behavior-how it is acquired, evoked,
maintained, and modified. Both the environmental and personality influences are
considered, along with the mental processes that mediate the behavior.

Psychiatric Criminology – the science that deals with the study of crime
through forensic psychiatry, the study of criminal behavior in terms of motives and
drives that strongly relies on the individual. (Psychoanalytic Theory - Sigmund Freud –
traditional view). It also explains that criminals are acting out of uncontrollable
animalistic, unconscious, or biological urges (modern view).

Scope of the Study of Criminology

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 1. Criminal Behavior or Criminal Etiology - the scientific analysis of the causes of
crime;
2. Sociology of Law - the study of law and its application;

CHAPTER I
INTRODUCTION

DEFINITION OF CRIMINOLOGY

In its broadest sense, Criminology is defined as the study of knowledge regarding

crime and criminals as a social phenomenon, and the effort of society to prevent and
repress them.
In its narrower sense, criminology is defined as the scientific study of crimes and
criminals. This scientific study is extended on three basic areas:
a. Investigation of the nature of criminal law and its administration
b. Analysis of the causation of crimes and the behavior of criminals
c. Study of the control of crimes and the rehabilitation of offenders

VARIOUS STUDIES AND SCIENCES RELATED TO THE STUDY OF CRIMINOLOGY

1. Study of law
2. Science of medicine, chemistry and others
3. Religion
4. Education
5. Social work involving sociology and psychology
6. Public administration

NATURE OF CRIMINOLOGY
Generally, Criminology cannot be considered a science because it has not yet
acquired universal validity and acceptance. It is not stable and it varies from one time,
place to another. However, considering that science is the systematic and objective
study of social phenomenon and other bodies of knowledge, criminology is a science in
itself when applied to law enforcement and prevention of crimes under the following
nature:

1. It is an applied science – In the study of the cause of the crimes, anthropology,

sociology and other natural sciences may be applied. While in crime detection,
chemistry, medicine, physics, mathematics, ballistics, polygraph, legal medicine,
questioned document examination may be utilized. This is called instrumentation.

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 2. It is a social science - in as much as crime.is a social creation and that it exists
in a society being a social phenomenon, its study must be considered a part of
social science.
3. It is dynamic – criminology changes as social condition changes. It is
concomitant with the advancement of other sciences that have been applied to it.
4. It is nationalistic – the study of crimes must be in relation with the existing
criminal law within the territory or country, the question as to whether an act is a
crime is dependent on the criminal law of a state. It follows therefore, the cause
of crimes must be determined from its social needs and standards.

SCOPE OF THE STUDY OF CRIMINOLOGY

1. Study of the origin and development of criminal or penal laws.
2. Study of the causes of crimes and development of criminals.
3. Study of the different factors that enhance the development of criminal behavior
such as:
a. Criminal demography – study of the relationship between criminality and
population.
b. Criminal epidemiology – study of the relationship between environment
and criminality.
c. Criminal ecology – study of the criminality in relation to spatial
distribution in a community.
d. Criminal physical anthropology – study of criminality in relation to
physical constitution of men.
e. Criminal psychology – study of human mind in relation to criminality.
f. Victimology- study of the role of the victim in the commission of a crime.

STUDY OF THE VARIOUS PROCESSES AND MEASURES ADOPTED BY SOCIETY

IN CASE OF VIOLATION OF CRIMINAL LAW:
a. detection and investigation of crimes
b. arrest and apprehension of criminals
c. prosecution and conviction of the criminal in judicial proceedings
d. imprisonment, correction and rehabilitation of the criminal convicted of a crime
e. enforcement of laws, decrees, rules and regulation
f. administration of police and other law enforcement agencies
g. Maintenance of recreational facilities and other auxiliary services to prevent the
development of crimes and criminal behavior.

SOME OF THE MAJOR AREAS OF STUDIES IN CRIMINOLOGY

1. DACTYLOSCOPY- science of fingerprinting
2. POLICE PHOTOGRAPHY- study of black and white photography
3. POLYGRAPHY- science of lie detection examination
4. BALLISTICS- study of firearms and bullets examination
5. QUESTIONED DOCUMENT EXAMINATION- examination of disputed
documents
6. PENOLOGY- jail management and prison administration

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 7. POLICE SUPERVISION AND ADMINISTRATION
8. INVESTIGATION AND DETECTION OF CRIMES
9. INDUSTRIAL SECURITY MANAGEMENT
10. TRAFFIC ACCIDENT INVESTIGATION
11. OTHERS

SOME OPPORTUNITIES FOR GRADUATES OF CRIMINOLOGY

1. In the law enforcement branches of the government, particularly in the civilian
and police agencies
2. In the management and administration of security agencies of commercial and
industrial establishments.
3. Document examiners of police agencies or verifier in the signature control of
banks and other financial institutions.
4. As custodial or correctional officers of penitentiaries or penal colonies.
5. Rehabilitation officers of correctional institutions for juvenile delinquents.
6. Laboratory technicians and experts in police laboratories
7. Crime researcher and prevention program.

CHAPTER II
FUNDAMENTAL STUDY OF CRIMINAL LAW

CRIMINAL OR PENAL LAW DEFINED

Criminal or penal law is that branch of public law which defines crimes, treat of
their nature, and provides for their punishment.

The REVISED PENAL CODE is the book that contains the Philippine laws and decrees
which are penal in nature.

January 1, 1932 is the affectivity of the Revised Penal Code

CHARACTERISTICS OF CRIMINAL LAW

1. IT IS GENERAL IN APPLICATION
The provisions of the criminal or penal law must be applied to all persons within
the territory irrespective of sex, race, nationality, and other personal circumstances, with
certain exceptions such as:
a. Head of the state or country
b. Foreign ambassador, diplomats who are duly accredited to a country
c. Foreign troops permitted to march within the territory

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2. IT IS TERRITORIAL IN CHARACTER
As part of the right of a state to self-preservation, each independent country has
the right to promulgate laws enforceable within its territorial jurisdiction subject to the
limitations imposed by treaties of preferential application and by the operation of
international law of nations. In the Philippines, the revised penal code is applicable only
to the areas within the Philippine territorial jurisdiction such as:

a. Philippine Archipelago - all the islands comprising the Philippines.

b. Atmosphere – the space above the Phil. Islands
c. Interior water – all bodies of water that connect the Phil. Islands
d. Maritime zone - the 3 miles limit beyond our shore measured at low tide
Exceptions to its territoriality:
The revise penal code shall be applicable to all cases committed outside the
Philippine territorial jurisdiction under the following circumstances:
a. should commit an offense while on a Philippine ship or airship
b. should forge or counterfeit any coin or currency note of the Philippine island
c. Should be liable for acts connected with the introduction into the islands of the
obligations and currencies mentioned in the preceding paragraph.
d. While being a public officer or employee, should commit an offense in the
exercise of his functions.
e. Should commit any of the crime against national security and law of nation
defined in Title One of Book Two of the RPC.

On the other hand, even if the crimes or felonies are committed within the Philippine
territory, the revised penal code is not applicable under the following condition or
reasons of:
a. Provisions of treaty such as the Philippine United Stated Bases
Agreement
b. Operation of international law under the principle of reciprocity

3. IT IS SPECIFIC AND DEFINITE

Criminal law must give definition of a specific act which constitute an offense.
Where there is no doubt as to whether a definition embodied in the revised penal code
applies to the accused or not, the judge is obligated to decide the case in favor of the
accused. Criminal law must be construed liberally in favor of the accused and strictly
against the State.

4. IT IS UNIFORM IN APPLICATION
An act described as a crime is a crime no matter who committed it and whenever
committed. No exception must be made as to the criminal liability. The definition of
crimes together with the corresponding punishment must be uniformly construed,
although there maybe differential enforcement of a given specific provisions of the penal
law.

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5. IT MUST BE PROSPECTIVE
No person can be punished for his act which at the time he did it is not yet
punishable by law. However, penal laws may be given retroactive effect when it is
favorable to the accused who is not a habitual offender.

6. THERE MUST BE A PENAL SANCTION OR PUNISHMENT

Penal sanction is the most essential part of the definition of crime. If there is no
penalty to a prohibited act, its enforcement will almost be impossible. The penalty is
acting as deterrent, retribution and as a means of self-defense of the State to protect
society from the threat and wrong inflicted by the criminals.

TWO IMPORTANT THEORIES IN CRIMINAL LAW

1. The Classical Theory (Developed by Cesare Beccaria, 1738-1794)

a. The basis of criminal liability is human free will and the purpose of the penalty is
retribution.
b. That man is essentially a moral creature with an absolute free will to choose
between good and evil, thereby placing more stress upon the effect or result of
the felonious act than upon man, the criminal himself.
c. It has endeavored to establish a mechanical and a direct proportion between
crime and penalty.
d. There is a scant regard for human element.

2. The positive Theory / Positivist Theory (Founded by Cesare Lombroso

a. That man is subdued occasionally by a strange and morbid phenomenon which
constrains him to do wrong in spite of or contrary to his volition

b. That crimes are essentially a social phenomenon, and as such, it cannot be a

treated and checked by the application of abstract principle of law and
jurisprudence nor by the imposition of a punishment, fixed and determined; but
rather through the enforcement of individual measures in each particular case
after a thorough, personal and individual investigation conducted by a competent
body of psychiatrist and social scientist

SOME OTHER THEORIES AS TO TEH ORIGIN OF CRIMINAL LAW

1. That criminal law originated from private wrong of tort.
2. That criminal law originated from the rational processes of a united society.
3. That criminal law originated from the development of customs, usage and
tradition.
4. That criminal law originated from conflict of interest of different social groups.

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 CHAPTER III
STUDY OF FELONIES AND CIMES

Definition of Crime and Felony

Crime is defined as an act committed of omitted is violation of a public law commanding
or forbidding it.

Crime is also defined as an act that violates the law of nature.

Felonies are act and omissions punishment by law. These are committed not only by
means of deceit (dolo) but also means fault (culpa). (Art 3, RPC).

ELEMENTSOF FELONY
1.There must be an act or omission
2.The act or omission must be voluntary
3. It must be punishable by law

LEGAL CLASSIFICATIONS OF CRIMES OR FELONIES

1. As to the manner crimes are committed

a. By means of dolo or deceit - When the act was done with deliberate intent.
b. By means of culpa or fault - When the wrongful acts result from
imprudence, negligence, lack of foresight or lack of skill.
2. As to the stages of the commission of crime
a. Attempted Crimes - When the offender commences the commission of the
felony directly by overt acts and does not perform all the acts of execution which
would produce the felony by reason of some causes or accident other than his
spontaneous desistance.
b. Frustrated Crimes – When the offender has perform all the acts of execution
which will produce the felony, as a consequence by which, nevertheless, do not
produce the felony by reason of some cause independent of the will of the
perpetrator.
c. Consummated Crimes – When all the elements necessary for its execution and
accomplishment are all present.

3.As to the Plurality of Crimes.

a. Simple Crimes – When a single act constitute only one offense.
b. Complex Crimes – When a single act constitute two or more crimes or when an
offense is a necessary means for committing the other.

4. As to the Gravity of Penalty or offense

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 a. Grave felonies- those which the law punishes or attaches the capital
punishment or afflictive penalties.
b. Less grave Felonies- Those which the law punishes with penalties which are
correctional in nature
c. Light Felonies- Those infractions of law for the commission of which the
penalty of arresto mayor or a fine not exceeding 200 pesos are imposed.

5. As to the basis of criminal act

a. Crimes against person- such as rape, murder, homicide, parricide, abortion,
infanticide, etc.
b. Crimes against property- such as theft, robbery, arson, vandalism, etc.
c. Crimes against chastity- such as seduction, abduction, etc.
d. Crimes against public order- such as rebellion, etc.
e. Others

CRIMINOLOGY CLASSIFICATRION OF CRIMES

1. As to the result of crime

a. Acquisitive crime- when the offender acquires something as a consequence
of his criminal act.
b. Extinctive crime- when the end result of a criminal act is destructive.

2. As to the time or period committed

a. Seasonal crimes- Those committed only during a certain period of the year or
time like violation of tax law, election law, et
b. Situational crimes- Those committed only when given the situation
conductive to its commission.

3. As to the length of time committed

a. Instant crimes- Those committed in a shortest possible time.
b. Episodal Crimes- Those committed by a series of act in a lengthy space of
time.
4. As to the place or location of the commission
a. Static Crimes- Those committed only in a one place.
b. Continuing Crimes- Those committed in several places.
5. As to the use of mental faculties
a. Rational crimes- those committed with intention and offender is in full
possession of his sanity.
b. Irrational Crimes- Those committed by persons who do not know the nature
and quality of his act on account of the disease of the mind.
6. As to the type of offenders
a. White collar crimes- those committed by person of respectability and of
upper socio-economic class in the course of their occupational activities. Ex.
Adulteration of food by manufacturer
b. Blue collar crimes- Those committed by ordinary professional criminals to
maintain their livelihood.

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7. As to the standard of living of the criminals
a. Crimes of the upper world- ex. Falsification cases
b. Crimes of underworld- ex. Bag snatching
When does Crimes Exist?
In the legal viewpoint. Crime exists when the person has been proven guilty by
the court (competent court). The main objective to this view is that there is a terrific.
Mortality of cases between times of a crime has been up to the time a verdict of
conviction is made by the court. In this scientific point of view. Crime exists when it is
reported. This is more realistic but not all reported cases with basis of true happening.
Some of them are also unfounded.

DISTINCTION BETWEEN CRIME AND SIN

1.) Crime is an act or commission against the penal law of a state while sin is an act or
commission against the spiritual or divine law.
2.) Upon the conviction for criminal act, the penalty is imposed during the lifetime of the
person, while the penalty for sinful act is imposed in the life thereafter.

DISTINCTION BETWEEN CRIME AND IMMORALITY

1.) Crime is committed against the law of a state while immortality is committed against
the unwritten social norms of society.
2.) Crime is fixed by statute, while immorality is not.
3.) Crime is nationalistic while immorality is regionalistic.

REASONS WHY MUST MEMBERS OF SOCIETY BE INTERESTED IN CRIMES

1.) Crime is pervasive

Almost all members of a free society are once upon a time a victim or an offender
of a criminal act. Crime as an associate of society effects almost all people regardless
of age, sex, race, nationality, financial condition, education and other personal
circumstances.

2.) Crime is expensive.

The government and private sectors spend an enormous amount of money

For crime detection, prosecution, correction and prevention. These expenses are
either;
a. Direct Expenses – Those spent by the government pr private sectors for the
maintenance of police and security guards for crime detection, prosecution and
judiciary of prison system.
b. Indirect experience – Those expenses utilized to prevent the commission of
crime like the construction of window grills, fences, gates, purchase of doors
locks, feeding of watchdogs, etc.
3. Crimes is destructive
Many lives have been lost because of crimes like murder, homicide and other violent
crimes. Properties has been lost or destroyed on account of robbery, theft and arson.

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4. Crime is reflective
Crime rate or incidence in a given locality is reflective of the effectiveness employed by
the people primarily that of the police system.

5. Crime is progressive
The progressive increase in the volume of crime is on account of the ever-increasing
population. The ever-increasing crime rate and their techniques showed the progressive
thinking of the society for advance.

ADVANTAGES OF THE EXISTENCE OF CRIMES

1. It promotes solidarity of the people

Members of the community offer their all-out assistance to establish a strong support
against crimes. Family ties become stronger, groups become more united and solidified
to flight criminality. It is because; peace loving members organize to free themselves
from lawlessness and crimes.

2. It prevents morality from going to the extreme

Penal laws are the safe guard of our morality. They provide penalty when morality
becomes low and this serves as a notice to society that something has to be done to
prevent morality from going to the extreme.

3. It is a notification of maladjustment

Whenever a person violates criminal law, it is a proof that his action is not within the
accepted norms in a society. Crime is a symptom of social disorganization just as fever
or pain is a proof that a person is stick.

APPROACHES AND THEORIES OF CRIME

SUBJECTIVE APPROACHES - deals mainly on the biological explanation of

crimes, focused on the forms of abnormalities that exist in the individual criminal before,
during and after the commission of the crime (Tradio, 1999). Included under this
approach are:

1. Anthropological Approach – the study on the physical characteristics of an

individual offender with non-offenders in the attempt to discover differences
covering criminal behavior (Hooton).
2. Medical Approach - the application of medical examinations on the individual
criminal explain the mental and physical condition of the individual prior and after
the commission of the crime (Positivist).

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 3. Biological Approach –the evaluation of genetic influences to criminal behavior.
It is noted that heredity is one force pushing the criminal to crime (Positivist).
4. Physiological Approach – the study on the nature of human being concerning
his physical needs in order to satisfy his ants. It explains that the deprivation of
the physical body on the basic needs is an important determiner of the
commission if crime (Maslow).
5. Psychological Approach – it is concerned about the deprivation of the
psychological needs of man, which constitute the development of deviations of
normal behavior resulting to unpleasant emotions (Freud, Maslow).
6. Psychiatric Approach – the explanation of crime through diagnosis of mental
diseases as a cause of the criminal behavior (Positivist).
7. Psychoanalytical Approach – the explanation of crimes based on the Freudian
Theory, which traces behavior as the deviation of the repression of the basic
drives (Freud).

OBJECTIVE APPROACHES - The objective approaches deal on the study of

groups, social processes and institutions as influences to behavior. They are primarily
derived from social sciences (Tradio, 1999). Under this are:

1. Geographic Approach – this approach considers topography, natural

resources, geographical location, and climate lead an individual to commit crime
(Quetelet).
2. Ecological Approach – it is concerned with the biotic grouping of men resulting
to migration, competition, social discrimination, division of labor and social
conflict as factors of crime (Park).
3. Economic Approach – it deals with the explanation of crime concerning
financial security of inadequacy and other necessities to support life as factors to
criminality (Merton).
4. Socio – Cultural Approach – those that focus on institutions, economic,
financial, education, political, and religious influences to crime (Cohen).

THEORIES OF CRIME AND THE PIONEERS

PRE-CLASSICAL ERA

The Demonological Theory - Before the development of more scientific theories

of criminal behavior, one of the most popular explanations was Demonology (Hagan,
1990). According to this explanation individuals were thought to be possessed by good
or evil spirits, which caused good or evil behavior. The theory maintains that criminal
behavior was believed to be the result of evil spirits and demons something of natural
force that controls his/her behavior. Centuries ago, Guilt and innocence were
established by a variety of procedures that presumably called forth the supernatural
allies of the accused. The accused were innocent if they could survive an ordeal, or if
miraculous signs appeared. They were guilty if they died at stake, or if omens were
associated with them (Bartol, 1995). Harsh punishments were also given.

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PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)

In the eighteenth century, criminological literature, whether psychological,

sociological, or psychiatric in bent, has traditionally been divided into three broad
schools of thought about the causes of crime: the classical, neo-classical and the
positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real name is
Cesare Bonesara Marchese de Beccaria together with Jeremy Bentham (1823) who
proposed “Utilitarian Hedonism”, the theory, which explains that a person always acts in
such a way as to seek pleasure and avoid pain.

Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his key
ideas on the abolition of torture as a legitimate means of extracting confessions. The
Classical theory maintains that man is essentially a moral creature with absolute free
will to choose between good and evil therefore tress is placed upon the criminal himself;
that every man is responsible for his act. Freewill (Beccaria) – a philosophy advocating
punishment severe enough for people to choose, to avoid criminal acts. It includes the
belief that a certain criminal act warrants a certain punishment without any punishment
without any variation. Hedonism (Bentham) – the belief that people choose pleasure
and avoid pain.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or circumstances

that made it impossible to exercise freewill are reasons to exempt the accused from
conviction. This school of thought maintains that while the classical doctrine is correct in
general, it should be modified in certain details, that children and lunatics should not be
regarded as criminals and free from punishment, it must take into account certain
mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

It maintained that crime as any other act is a natural phenomenon and is

comparable to disaster or calamity. That crime as a social and moral phenomenon
which cannot be treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individual measures. Cesare Lombroso and his two
students, Enrico Ferri and Rafaele Garofalo advocated this school.

Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist school of
criminology, was criticized for his methodology and his attention to the biological
characteristics of offenders, but his emphasis on the need to study offenders
scientifically earned him the “father of modern criminology.” His major contribution is

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the development of a scientific approach to the study of criminal behavior and to reform
the criminal law. He wrote the essay entitled “CRIME: Its Causes and Remedies” that
contains his key ideas and the classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the belief that
being criminal behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great
emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less physical stamina/self self
control.
5. Occasional Criminal – are those who commit crime due to insignificant reasons
that pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His
greatest contribution was his attack on the classical doctrine of free will, which argued
that criminals should be held morally responsible for their crimes because they must
have made a rational decision to commit the crime.

Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an Italian

nobleman, magistrate, senator, and professor of law. Like Lombroso and Ferri, he
rejected the doctrine of free will and supported the position that the only way to
understand crime was to study it by scientific methods. Influenced on Lombroso’s theory
of atavistic stigmata (man’s inferior/ animalistic behavior), he traced the roots of criminal
behavior not to physical features but to their psychological equivalents, which he called
“moral anomalies”.

The Classical and Positivist School Compared

Classical School Positivist School

 Legal definition of crime  No to legal definition

 Punishment fit the crime  Punishment fit the criminal
 Doctrine of free will  Doctrine of determinism
 Death penalty allowed  Abolition of death penalty
 No imperical research  Inductive method
 Definite sentence  Indeterminate sentence

EARLY TWENTIETH CENTURY THEORIES

1. David Emile Durkheim (French, 1858 - 1917) - He advocated the “Anomie

Theory”, the theory that focused on the sociological point of the positivist school,

PAGE 13
 which explains that the absence of norms in a society provides a setting
conductive to crimes and other anti-social acts. According to him, the explanation
of human conduct lies not in the individual but in the group and the social
organization.

2. Sigmund Freud (1856 - 1969) - Psychologists have considered a variety of

possibilities to account for individual differences – defective conscience,
emotional immaturity, inadequate childhood socialization, maternal deprivation,
and poor moral development. The Freudian view on criminal behavior was
based on the use of Psychology in explaining an approach in understanding
criminal behavior – the foundation of the Psychoanalytical theory.

3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the scientific
method in explaining criminality but he is a sociologist. He advocated the
“Human Ecology Theory”. Human Ecology is the study of the interrelationship
of people and their environment. This theory maintains that crime is a function of
social change that occurs along with environmental change. It also maintains that
the isolation, segregation, competition, conflict, social contract, interaction and
social hierarchy of people are the major influences of criminal behavior and
crimes.

MIDDLE TWENTIETH CENTURY

1. Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was originated

from the work of a German Psychiatrist, Ernest Kretschmer, who distinguished
three principal types of physique as:
a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium to tall, strong, muscular, course bones
c. Pyknic – medium height, rounded figure, massive neck, broad face

Kretschmer related these body physiques to various psychotic behavioral

patterns: Pyknic to manic depression, asthenic and athletics to schizophrenia.

2. William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the Somatotype

School of Criminology, which related body built to behavior. He became popular
of his own Somatotyping Theory. His key ideas are concentrated on the
principle of “Survival of the Fittest” as a behavioral science. He combines the
biological and psychological explanation to understand deviant behavior.
Sheldon’s “Somatotyping Theory” maintains the belief of inheritance as the
primary determinants of behavior and the physique is a reliable indicator of
personality.
Classification of Body Physique by Sheldon

a. Endomorph – a type with relatively predominance of soft, roundness

throughout the regions of the body. They have low specific gravity.
Persons with typically relaxed and comfortable disposition.

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 b. Mesomorph – athletic type, predominance of muscle, bone and
connective tissue, normally heavy, hard and firm, sting and tough. They
are the people who are routinely active and aggressive, and they are the
most likely to commit crimes.
c. Ectomorph – thin physique, flat chest, delicacy through the body, slender,
poorly muscled. They tend to look more fatigue and withdrawn.

3. Edwin Sutherland (1883 - 1950) - Sutherland has been referred to as “the most
important criminologist of the twentieth century” because his explanation about
crime and criminal behavior can be seen as a corrected extension of social
perspective. For this reason, he was considered as the “Dean of Modern
Criminology.” He said that crime is learned and not inherited.

He advocated the DAT – Differential Association Theory, which maintain that

the society is composed of different group organization, the societies consist of a
group of people having criminalistic tradition and anti-criminalistic tradition. And
that criminal behavior is learned and not inherited. It is learned through the
process of communication, and learning process includes technique of
committing the crime, motive and attitude.

4. Walter Reckless (1899 - 1988) - The Containment Theory assumes that for
every individual there exists a containing external structure and a protective
internal structure, both of which provide defense, protection or insulation against
crime or delinquency. According to Reckless, the outer structure of an individual
are the external pressures such as poverty, unemployment and blocked
opportunities while the inner containment refers to the person’s self-control
ensured by strong ego, good self-image, well developed conscience, high
frustration tolerance and high sense of responsibility. (Adler, 1995)

5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the
proponents of the Social Class Conflict and Capitalism Theory. Marx and
Engel claim that the ruling class in a capitalist society is responsible for the
creation of criminal law and their ideological bases in the interpretation and
enforcement of the laws. All are reflected in the ruling class; thus crime and
delinquency are reflected on the demoralized surplus of population, which is
made up of the underprivileged usually the unemployed and underemployed.
Willem Bonger, a Marxist-Socialist, on the other hand, placed more emphasis on
working bout crimes of economic gain. He believes that profit -motive of
capitalism generates an egoistic personality. Hence, crime is an inevitable
outcome.
LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS

1. Robert King Merton (1910) - Robert Merton is the premier sociologist of the
modern days who, after Durkheim, also related the crime problem to anomie. He
advocated the Strain Theory, which maintains that the failure of man to achieve
a higher status of life caused them to commit crimes in order for that status/goal

PAGE 15
 to be attained. He argued that crime is a means to achieve goals and the social
structure is the root of the crime problem. Merton’s explanation to criminal
behavior assumes that people are law abiding but when under great pressure will
result to crime.

2. Albert Cohen (1918) - He advocated the Sub-Culture Theory of Delinquency.

Cohen claims that the lower class cannot socialize effectively as the middle class
in what is considered appropriate middle class behavior. Thus, the lower class
gathered together share their common problems, forming a subculture that
rejects middle class values. Cohen called this process as reaction formation.
Much of this behavior comes to be called delinquent behavior; the subculture is
called a gang and the kids are called delinquents. He put emphasis on the
explanation of prevalence, origins, process and purposes as factors to crime.

3. Gresham Sykes (1922) - He advocated the Neutralization Theory. It maintains

that an individual will obey or disobey societal rules depending upon his or her
ability to rationalize whether he is protected from hurt or destruction. People
become law abiding if they feel they are benefited by it and they violate it if these
laws are not favorable to them.

4. Lloyd Ohlin (1928) - He advocated the DOT – Differential Opportunity

Theory. This theory explained that society leads the lower class to want things
and society does things to people. He claimed that there is differential
opportunity, or access, to success goals by both legitimate and illegitimate
means depending on the specific location of the individual with in the social
structure. Thus, lower class groups are provided with greater opportunities for the
acquisition of deviant acts.

5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) - They are
the advocates of the Labeling Theory – the theory that explains about social
reaction to behavior. The theory maintains that the original cause of crime cannot
be known, no behavior is intrinsically criminal, behavior becomes criminal if it is
labeled as such.

6. Earl Richard Quinney (1934) – He was a Marxist criminologist who advocated

the Instrumentalist Theory of capitalist rule. He argued that the state exist as a
device for controlling the exploited class – the class that labors for the benefit of
the ruling class. He claims that upper classes create laws that protect their
interest and t the same time the unwanted behavior of all other members of
society. Quinney major contribution is that he proposed the shift in focus from
looking for the causes of crime from the individual to the examination of the
Criminal Justice System for clues.

OTHER THEORISTS

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 1. Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he claimed
that humans, like other animals, are parasite. Man is an organism having an
animalistic behavior that is dependent on other animals for survival. Thus, man
kills and steal to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in

England who accepted the Lombroso’s challenge that body physique is a
determinant to behavior. Goring concluded that there is no such thing a physical
chemical type. He contradicted the Lombroso’s idea that criminality can be seen
through features alone. Nevertheless, Goring accepted that criminals are
physically inferior to normal individuals in the sense that criminals tend to be
shorter and have less weight than non-criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist who reexamined

the work of Goring and found out that “Tall thin men tend to commit forgery and
fraud, undersized men are thieves and burglars, short heavy person commit
assault, rape and other sex crimes; whereas mediocre (average) physique
flounder around among other crimes.” He also contended that criminals are
originally inferior; and that crime is the result of the impact of environment.

4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician who

pioneered Cartography and the Carthographical School of Criminology that
placed emphasis on social statistics. He discovered, basing on his research, that
crimes against persons increased during summer and crimes against property
tends to increase during winter.

HISTORICAL TIMELINE OF THE THEORIES

The history of criminology dates back from the works of criminological thinkers or
theorists in criminology. The origins of criminology are usually located in the late-
eighteenth-century writings of those who sought to reform criminal justice and penal
systems that they perceived as cruel, inhumane, and arbitrary. These old systems
applied the law unequally, were subject to great corruption, and often used torture and
the death penalty indiscriminately.

THEORY MOTIVE
Demonology (5,000 BC-1692 AD) Demonic Influence
Astrology (3500 BC-1630 AD) Zodiac/Planetary Influence
Theology (1215 BC-present) God's will
Medicine (3000 BC -present) Natural illness
Education (1642-present) Academic underachievement/bad teachers
Psychiatry (1795-present) Mental illness

PAGE 17
Psychoanalysis (1895-present) Subconscious guilt/defense mechanisms
Classical School of Criminology (1690--) Free will/reason/hedonism
Positive School of Criminology (1840--) Determinism/beyond control of individual
Phrenology (1770-1875) Bumps on head
Cartography (1800-present) Geographic location/climate
Mental Testing (1895-present) Feeble-mindedness/retardation/low IQ
Osteopathy (1892-present) Abnormalities of bones or joints
Chiropractics (1895-present) Misalignment of spine/nerves
Imitation (1843-1905) Mind on mind crowd influences
Economics (1818-present) Poverty/economic need/consumerism
Case Study Approach (1909-present) Emotional/social development
Social Work (1903-present) Community/individual relations
Sociology (1908-present) Social/environmental factors
Castration (1907-1947) Secretion of androgen from testes
Ecology (1927-present) Relation of person with environment
Transexualism (1937-1969) Trapped in body of wrong sex
Psychosurgery (1935-1959) Frontal lobe dysfunction/need lobotomy
Culture Conflict (1938-1980) Conflict of customs from “old” country
Differential Association (1939-present) Learning from bad companions
Anomie (1938-present) State of normlessness/goal-means gap
Differential Opportunity (1961-present) Absence of legitimate opportunities
Alienation (1938-1975) Frustration/feeling cut off from others
Identity (1942-1980) Hostile attitude/crisis/sense of sameness
Identification (1950-1955) Making heroes out of legendary criminals
Containment (1961-1971) Outer temptation/inner resistance balance
Prisonization (1940-1970) Customs and folkways of prison culture
Gang Formation (1927-present) Need for acceptance, status, belonging
Behavior Modification (1938-1959) Reward/Punishment Programming
Social Defense (1947-1971) Soft targets/absence of crime prevention
Guided Group Interaction (1958-1971) Absence of self-responsibility/discussion
Interpersonal Maturity (1965-1983) Unsocialized, sub cultural responses
Sociometry (1958-1969) One’s place in group network system
Dysfunctional Families (1958-present) Members “feed off” other’s neurosis
White-collar Crime (1945-present) Cutting corners/bordering on illegal
Control Theory (1961-present) Weak social bonds/natural predispositions
Strain Theory (1954-present) Anger, relative deprivation, inequality
Subcultures (1955-present) Criminal values as normal within group
Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling
Neutralization (1957-1990) Self-talk, excuses before behavior
Drift (1964-1984) Sense of limbo/living in two worlds
Reference Groups (1953-1978) Imaginary support groups
Operant Conditioning (1953-1980) Stimuli-to-stimuli contingencies
Reality Therapy (1965-1975) Failure to face reality
Gestalt Therapy (1969-1975) Perception of small part of "big picture"
Transactional Analysis (1961-1974) No communication between inner parent-adult-child
Learning Disabilities (1952-1984) School failure/relying on "crutch"
Biodynamic (1955-1962) Lack of harmony with environment

PAGE 18
 Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content
Metabolism (1950-1970) Imbalance in metabolic system
Biofeedback (1974-1981) Involuntary reactions to stress
Biosocial Criminology (1977-1989) Environment triggers inherited "markers"
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-present) Structural barriers to class interests
Critical Criminology (1973-present) Segmented group formations
Radical Criminology (1976-present) In articulation of theory/praxis
Left Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) Errors of thinking
Criminal Pathways Theory (1979-present) Critical turning/tipping points in life events
Feminism (1980-present) Patriarchal power structures
Low Self Control Theory (1993-present) Impulsiveness, Sensation-seeking
General Strain Theory (1994-present) Stress, Hassles, Interpersonal Relations

CRIMES OF THE MODERN WORLD

The crimes in the modern world represent the latest and the most dangerous
manifestations of the something-for-nothing-complex problems of society. This includes
Organized Crimes, White-Collar Crimes, Conventional Cries, Victimless Crimes and the
so-called Transnational Crimes. The transnational character of many crimes in this
modern world, although not new, has not been fully recognized until recently. Crime was
traditionally viewed as a purely domestic law enforcement issue and, therefore, treated
and addressed as an exclusive concern of individual states. As such crimes, being a
new threat to domestic and international interest and security, has given recognition to
be known as Transnational Crimes.

Transnational crime is an offense that has an international dimension and

implies crossing at least one national border before, during or after the fact. This include
but not limited to illegal drug trafficking, money laundering, terrorism, arm smuggling,
piracy, kidnapping, trafficking in persons, and cyber-crimes. Most of these crimes falling
under this category reflect connection with organized and white-collar criminals.

ORGANIZED CRIMES

An organized Crime is a criminal activity by an enduring structure or organization

developed and devoted primarily to the pursuit of profits through illegal means. It is
sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATE” or the “COSA NOSTRA”,
which are known as “the enemy within”, “the 2nd government “, “the 5 th estate” or the
“crime confederation.”

The term Cosa Nostra (literally means “one thing”) or mafia is use to signify
organized crimes, and one of the varieties names for either mob or syndicate. A strict
code of conduct governs their behavior called the “Omerta” – the mafia’s code of
secrecy, and informal, unwritten code of organized crime, which demand silence and

PAGE 19
loyalty, among other thing, of family members. (Abandinsky, 1991). Whatever be the
name, the organization is known to be formal, with division of labor, with coordination of
activities through rules and codes and with allocation of task in order to achieve
illegitimate goals. The organization seeks profit from crimes and tries to prevent itself
from threats, prosecution, and even punishment from legal authorities.

Criminal organizations keep illegal actions secret, and members communicate by

word of mouth, therefore police will never be able to trace phone calls or letters. Many
organized crime operations have legal fronts, such as licensed gambling, building
construction, and trash hauling, or which operate in parallel with and provide cover for
drug trafficking, money laundering, prostitution, extortion, murder for hire, hijacking,
fraud, and insider trading. Other criminal operations engage in human trafficking,
political corruption, black marketeering, political violence, racist and religiously
motivatedviolence, terrorism, abduction, prison break and crimes against humanity.

In order for a criminal organization to prosper, some degree of support is

required from the society in which it lives. Thus, it is often necessary to corrupt some of
its respected members, most commonly achieved through bribery, blackmail, and the
establishment of symbiotic relationships with legitimate businesses. Judicial and police
officers and legislators are especially targeted for control by organized crime via bribes.

Globalization occurs in crime as much as it does in business. Criminal

organizations easily cross boundaries between countries. This is especially true of
organized groups that engage in human trafficking. The newest growth sectors for
organized crime are identity theft and online extortion. These activities are troubling
because they discourage consumers from using the Internet for e-commerce. E-
commerce was supposed to level the playing ground between small and large
businesses, but the growth of online organized crime is leading to the opposite effect;
large businesses are able to afford more bandwidth (to resist denial-of-service attacks)
and superior security. Furthermore, organized crime using the Internet is much harder
to trace down for the police (even though they increasingly deploy cybercops) since
police forces and law enforcement agencies in general operate on a national level while
the Internet makes it even more simple for criminal organizations to cross boundaries
and even to operate completely remotely.

Organized Crime Families

Perhaps the best-known criminal organizations are the Sicilian and American
Cosa Nostra, most commonly known as the Mafia. The Neopolitan Camorra, the
Calabrian 'Ndrangheta, and the Apulian Sacra Corona Unita are similar Italian
organized crime groups.

Other notable groups include the Colombian drug cartels, the Mexican drug
cartels, The Irish Mob, the Japanese Yakuza, the Chinese Triads, the Russian Mafia,
the Mexican Mafia, the Indian Mafia, the Bulgarian Mafia, the Chechen mafia, the
BrazilianComando Vermelho (CV) and Primeiro Comando da Capital (PCC), and the

PAGE 20
Central AmericanMara Salvatrucha (MS-13). Prisoners may also be involved in criminal
organizations. Many terrorist groups, such as Hezbollah, Al Qaeda, the Provisional IRA
and the Ulster Defence Association also engage in criminal activity such as trafficking
and money laundering as well as terrorism.

World leaders throughout history who have been accused of running their
country like a criminal organization include Adolf Hitler, Joseph Stalin, Mao Zedong,
Augusto Pinochet, Idi Amin, Mobutu Sese Seko, Nicolae Ceauşescu, Francisco Franco,
Hugo Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir Putin, Silvio Berlusconi,
Alberto Fujimori (in league with his advisor Vladimiro Montesinos), Senior General Than
Shwe of Burma and various other dictators and military juntas. Corrupt political leaders
may have links to existing organized crime groups, either domestic or international, or
else may simply exercise power in a manner that duplicates the functioning and
purpose of organized crime.
In the past criminal organizations have naturally limited themselves by their need
to expand. This has put them in competition with each other. This competition, often
leading to violence, uses valuable resources such as manpower (either killed or sent to
prison), equipment and finances. The Irish Mob boss of the Winter Hill Gang (in the
1980s) turned informant for the FBI. He used this position to eliminate competition and
consolidate power within the city of Boston which led to the imprisonment of several
senior organized crime figures including Gennaro "Jerry" Anguilo underboss of the
Patriarca crime family. Infighting sometimes occurs within an organization, such as the
Castellamarese war of 1930-31 and the Irish Mob Wars of the 1960s and 70s.

Today criminal organizations are increasingly working together, realizing that it is

better to work in cooperation rather than in competition with each other. This has led to
the rise of global criminal organizations such as Mara Salvatrucha. The Sicilian Mafia in
the U.S. have had links with organized crime groups in Italy such as the Camorra, the
'Ndrangheta and the Sacra Corona Unita. The Sicilian Mafia has also been known to
work with the Irish Mob (John Gotti of the Gambino family and James Coonan of the
Westies are known to have worked together, with the westies operating as a contract hit
squad for the Gambino family after they helped Coonan come to power) , the Japanese
Yakuza and the Russian Mafia.

How the Organized Crime Group Works?

For the organization to work there must be:

1. An Enforcer – one who make arrangements for killing and injuring (physically,
economically, and psychologically) the members or non-members.

2. A Corrupter – one who bribes, buys, intimidates, threatens, negotiates, and

“sweet talks” into a relationship with the police, public officials or any else who
might help the members security and maintain immunity from arrest, prosecution
and punishment.

PAGE 21
 3. A Corruptee – a public official, usually not a member of the organization family,
who can wield influence on behalf of the organization’s interest.

Sources of Illegal Profit

The organization gains from goods and services that are of great demand by the
society but are prohibited by law. It includes but not limited to most victimless crimes
such as illegal drugs, alcohol, gambling, pornography, and including bank fraud,
extortion or racketeering and others.

Characteristics of Organized Crimes

1. It is a conspiracy activity involving coordination of members.

2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

1. Political Graft – manned by political criminals (Political Graft), who use of force
and violence of a means to obtain profit or gain, and or achieving political aims or
ambitions. An example of this is vote buying, and the employment of private
armies to control a certain political area.

2. The Mercenary/Predatory Organized Crime – crimes committed by groups for

direct personal profit but prey upon unwilling victims. Example:
extortionist/racketeer

3. In – Group Oriented Organized Crime – groups manned by semi organized

individual whose major goals are for psychological gratification such as
adolescent gangs. Example: Motorcycle Gangs

4. Syndicated Crime – the organization that participates in illicit activity in society

by the use of force, threat, or intimidation. The group with a formal structure –
whose purpose is to provide elicit services, which are in strong public demand
through the use of secrecy on the part of the associates. There is assurance of
protection necessary for its operations through political corruption or avoidance
of prosecution.

Essential Composition of Organized Crime

Organized crime needs professional criminals to successfully operate in the

organization. Professional crimes refer to occupations or their incumbents, which
possesses various traits including useful knowledge that requires lengthy training,

PAGE 22
service orientation and code of ethics that permits occupations to attempt to obtain
autonomy and independence with high prestige and remuneration.

Characteristics of Professional Crimes (Sutherland)

1. Crime is a sole means of livelihood.

2. Careful planning and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior, and
mutual specialized language.

Criminological Types of Organized Crimes

1. Traditional Crime Syndicates.
2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime

Controlling Organized Crimes

Organized crimes can be controlled through: Law Enforcement Effort,

Organization of Anti-Organized Crime measures, Community Awareness and
Cooperation

Philippine Center for Transnational Crime

In response to organized criminal activities, the Philippine government has

instituted programs and projects to address these threats to national and international
interest and security. It has created the Philippine Center on Transnational Crime
(PCTC) (E.O. No.62 s1999) to establish a shared central database among concerned
agencies for information on criminals, methodologies, arrests, and convictions on
transnational crime in all its forms. Apart from this, the Center is mandated to discharge
the following:

1. Supervise and control conduct of anti-transnational crime operations of all

government agencies and instrumentalities:
2. Establish a central database on national as well as international legislations and
jurisprudence on transnational crime, with the end in view of recommending
measures to strengthen responses and provide immediate intervention for the
prevention, detection and apprehension of criminals operating in the country;
3. Establish a center for strategic research on the structure and dynamics of
transnational crime, predict trends and analyze relationships of given factors for
the formulation of strategies to combat the same;
4. Design programs and projects aimed at enhancing national capacity-building in
combating transnational crime, as well as supporting the related programs and
projects of other ASEAN and international centers; and

PAGE 23
 5. Explore and coordinate information exchanges and training with other
government agencies, foreign countries and international organizations involved
in containing and eliminating transnational crime.

Executive Order No. 100 s1999

To further strengthen the operational, administrative and information support

system of the PCTC, E.O. No. 100 s1999 empowered the Center to exercise general
supervision and control over the following:

1. Loop Center of the National Action Committee on Anti-Hijacking and Terrorism

(NACAHT) whose primary mission is to assist and support the NACAHT in
integrating and orchestrating the efforts of all law enforcement agencies against
international and domestic terrorism;
2. International Criminal Police Organization ICPO-INTERPOL NCB-Manila which
has been reconstituted to serve as the national liaison office and main
coordinating body for international police cooperation against transnational crime;
3. Police Attachés of the Philippine National Police (PNP); and
4. Political Attachés/ Counselors for Security Matters of the Department of the
Interior and Local Government (DILG)

WHITE COLLAR CRIMES

Edwin Sutherland defined white-collar crime as criminal acts committed by a

person of respectability and high social status in the course of his or her occupation.

Forms of White Collar Crimes

1. Corporate crimes - the violation of a criminal statute either by a corporate entity

or by its executives, employees or agents, acting on behalf of and for the benefit
of the corporation, partnership or other business entity.
2. Environmental crimes - violation of criminal law which, although typically
committed by businesses or by business officials, may also be committed by
other persons or organizational entities, and which damage some protected or
otherwise significant aspect of the natural environment.
3. Occupational crimes - any act punishable by law, which is committed through
opportunity created in the course of an occupation that is legal.

 Organizational Occupational Crime - crimes committed for the benefit of

the entire organization in such instances only the organization or the
employer, not individual employees.
 State Authority Occupational Crime - crimes by officials through the
exercise of their state-based authority. Such crime is occupation specific,
and can only be committed by person in public office or by working for
such persons.

PAGE 24
  Professional Occupational Crime - crimes by professionals in their
capacity as professionals. The crimes of physicians, attorneys,
psychologists, and the like are included here.
 Individual Occupational Crime - crimes by individuals as individuals
which include income tax evasion, theft of goods and services by
employees, the filing of false expense report, and the like.

Occupational crimes also refer to:

 White-collar crime (Sutherland)

 A vocational crime - committed by one who does not think for himself as criminal
and whose major source of income is something other than crime.
 Corporate crime - committed by corporate officials for their corporations and the
offenses of the corporation and the offenses of the corporation itself.
 Economic crime - illegal activity that principally involves deceit,
misrepresentation, concealment, manipulation, breach of trust and illegal
circumvention.
 Organizational crime - illegal actions taken in accordance with operative
organizational goals that seriously harm employees or the general public.
 Upper-world crime - law-breaking acts, committed by those who, due to their
positions in the structure, have obtained specialized kinds of occupational slots
essential for the commission of these offenses.

Types and Schemes of White-Collar Crimes

1. Bank Fraud: To engage in an act or pattern of activity where the purpose is to

defraud a bank of funds.
2. Blackmail: A demand for money or other consideration under threat to do bodily
harm, to injure property, to accuse of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or anything else of value is
offered with intent to influence the actions, opinions, or decisions of the taker.
You may be charged with bribery whether you offer the bribe or accept it.
4. Cellular Phone Fraud: The unauthorized use, tampering, or manipulation of a
cellular phone or service. This can be accomplished by either use of a stolen
phone, or where an actor signs up for service under false identification or where
the actor clones a valid electronic serial number (ESN) by using an ESN reader
and reprograms another cellular phone with a valid ESN number.
5. Computer fraud: Where computer hackers steal information sources contained
on computers such as: bank information, credit cards, and proprietary
information.
6. Counterfeiting: Occurs when someone copies or imitates an item without having
been authorized to do so and passes the copy off for the genuine or original item.

PAGE 25
 Counterfeiting is most often associated with money however can also be
associated with designer clothing, handbags and watches.
7. Credit Card Fraud: The unauthorized use of a credit card to obtain goods of
value.
8. Currency Schemes: The practice of speculating on the future value of
currencies.
9. Embezz1ement: When a person who has been entrusted with money or property
appropriates it for his or her own use and benefit.
10. Environmental Schemes: The overbilling and fraudulent practices exercised by
corporations which purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains property from another by
actual or threatened force, fear, or violence, or under cover of official right.
12. Forgery: When a person passes a false or worthless instrument such as a check
or counterfeit security with the intent to defraud or injure the recipient.
13. Health Care Fraud: Where an unlicensed health care provider provides services
under the guise of being licensed and obtains monetary benefit for the service.
14. Insider Trading: When a person uses inside, confidential, or advance
information to trade in shares of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of activity wherein one obtains
proceeds from an insurance company through deception.
16. Investment Schemes: Where an unsuspecting victim is contacted by the actor
who promises to provide a large return on a small investment.
17. Kickback: Occurs when a person who sells an item pays back a portion of the
purchase price to the buyer.
18. Larceny/Theft: When a person wrongfully takes another person's money or
property with the intent to appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of money from racketeering,
drug transactions or other embezzlement schemes so that it appears that its
original source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for personal profit.
21. Securities Fraud: The act of artificially inflating the price of stocks by brokers so
that buyers can purchase a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms and place telephone
calls to residences and corporations where the actor requests a donation to an
alleged charitable organization or where the actor requests money up front or a
credit card number up front, and does not use the donation for the stated
purpose.
24. Welfare Fraud: To engage in an act or acts where the purpose is to obtain
benefits (i.e. Public Assistance, Food Stamps, or Medicaid) from the State or
Federal Government.
25. Weights and Measures: The act of placing an item for sale at one price yet
charges a higher price at the time of sale or short weighing an item when the
label reflects a higher weight.

PAGE 26
26. Advanced Fee Schemes: Actor induces victim to give him some type of
advanced fee in return for a future benefit. The future benefit never occurs and
victim never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating that the newspaper
stand cannot change his one hundred dollar bill and asks the victim for change.
Victim provides actor with the change, actor returns to the store to get the one
hundred dollar bill back, however, never returns to victim.
28. Auto Repair: Actor hangs out around an auto repair shop and approaches
victims who leave after getting estimates. Actor claims to do work off duty at a
very low cost. Once actor has the car, inferior work is completed and victim
cannot get the return of the car until the very high bill is paid.
29. Check Kiting: A bank account is opened with good funds and a rapport is
developed with the bank. Actor then deposits a series of bad checks but prior to
their discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts of coupons and
redeem them to manufacturers when in fact merchandise was never sold.
31. Directory Advertising: Actor either impersonates sales person from a directory
company like the yellow pages or fraudulently sells advertising which the victim
never receives.
32. Fortune Telling: Actor advises victim that victim is cursed. Actor advises victim
that the curse must be removed. Actor advises that she must meditate to the
spirits and will require payment. Over a period of time, victim pays fortune teller
thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In order to remove the
curse, the money must be placed into a bag or box that the actor provides. The
bag or box is switched. Actor advises victim to perform certain rituals over the
money and the curse will be removed. The bag or box cannot be opened for a
period of time when it is opened, the money is gone.
34. Home Improvement: Actor approaches a home owner with a very low estimate
for a repair or improvement. Inferior or incomplete work is performed. Once the
repairs are completed, actor intimidates the victim to pay a price much greater
than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior equipment such as tools
at high prices.
36. Jamaican Switch: Actor #1 approaches a victim looking for the address of a
prostitute. Actor #1 shows a large sum of money to the victim. Actor #2 arrives
and tells Actor #1 where he can find the prostitute but cautions on taking all the
money as the prostitute might rob him. Actor #1 asks the victim to hold the
money for him. Actor #1 puts his money into a handkerchief with the victim’s
money. Actor #1 shows the victim how to hide the money under his arm, inside
his shirt while switching handkerchiefs. Victim takes the handkerchief and the
parties split up, however, Actor #1 leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land in some type of
retirement development which does not exist.

PAGE 27
 38. Odometer Fraud: Unscrupulous used car salesman purchased used cars and
turns back the odometers. The used car is sold at a higher price due to its low
mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both Actor #1 and
victim a "found" package containing a large amount of cash. Actor #1 insists that
the found money be divided equally but only after each person puts up his own
money to demonstrate good faith. All the money is put in one package and the
package is later switched.
40. Police Impersonation: Actor tells victim that his bank is being operated by
fraudulent bank officers. Actor instructs victim to take money out of bank and
place it into a good bank. After the money is withdrawn, the actor allegedly takes
the money to the police station for safe keeping. The victim never sees the
money again.
41. Ponzi: An investment scheme where the actor solicits investors in a business
venture, promising extremely high financial returns or dividends in a very short
period of time. The actor never invests the money, however, does pay dividends.
The dividends consist of the newest investors funds. The first investors, pleased
to receive dividends, encourage new investors to invest. This scheme falls apart
when the actor no longer has sufficient new investors to distribute dividends to
the old investors or the actor simply takes all the funds and leaves the area.
42. Pyramid: An investment fraud in which an individual is offered a distributorship
or franchise to market a particular product. The promoter of the pyramid
represents that although marketing of the product will result in profits, larger
profits will be earned by the sale of franchises. For example, if a franchise price
is P10, 000.00, the seller receives P3, 500.00 for every franchise sold. Each new
franchise purchaser is presented with the same proposal so that each franchise
owner is attempting to sell franchises. Once the supply of potential investors is
exhausted, the pyramid collapses. Many times, there are no products involved in
the franchise, simply just the exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series of money exchanges
and in the end, is short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three walnut shells or bottle
caps. Actor #1 moves the caps around and shows victim the cap with the pea
under it. With the encouragement of another player, also Actor #2, victim places
larger and larger bets as to which cap contains the pea. The game is ended by
Actor #1 when the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities employees by wearing
jumpsuits with name tags. Actor approaches victim with story about a gas leak or
electrical surge to gain entry to the home. Valuables are taken by actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions at an extremely low
cost due to his connections. Victim pays for the VCR or television only to
discover that the box has been filled with rocks.
47. West African Investment Scams: Actors target businesses and obtain
business' bank account information from which all funds are later withdrawn.

Dealing with White-Collar Crimes

PAGE 28
 Gary Green pointed out that professional criminals would probably continue to
enjoy immunity from prosecution. Hence, they are unlikely to be deterred by sanction or
threat and are unlikely to be formally disqualified by their professional organizations.
They will therefore feel free and are free to continue or begin their activities
(Schmallenger, 1999). James W. Coleman suggests four areas of reform, which white-
collar crime might be effectively addressed:

1. Ethical Reforms - reform include such things as working to establish stronger

and more persuasive codes of business ethics. Courses in ethical businesses
might be offered in universities, and corporations could school their employees in
right livelihood.

2. Enforcement Reforms - reform center on the belief that white-collar criminals

must be severely published, but also include such things as better funding for
enforcement agencies dealing with white-collar crime, and insulation of
enforcement personnel from undue political violations.

3. Structural Reforms - involve basic changes in corporate structure to make

white-collar crime more difficult to commit such as selective nationalization of
firms that have long records of criminal violations.

4. Political Reforms - focus on eliminating campaign contributions from

corporations and businesses, but also include the level of fairness in determining
government grants and contracts, the government must serve as a police itself.
This includes the enforcement of laws and the regulation of the activities of
elected officials and administrative personnel.

THE CONVENTIONAL CRIMES

Conventional crimes are those traditional, illegal behaviors that most people think
of as crime. Most crime is conventional crime. Non-conventional crime may be
organized crime, white-collar crime, political crime, etc. Conventional crimes are groups
of crimes categorized as violent crimes (index crimes) and property crimes. It has been
argued that cyber crime is just a conventional crime committed with high-tech devices.

Violent Crimes - Violent crimes are criminal acts, which in the threat of or actual
physical harm by an offender to a victim. It presents not only index offenses that
everyone recognizes as violent (murder, rape, robbery) or other acts involving force and
intimidation but also “violent crimes” that are commonly categorized as “social problem”
such as domestic violence, child abuse, elder abuse, etc.

Violent acts are in the forms of:

1. Interpersonal Violence - Forcible Rape. Murder, Serious Assault, Family

Violence, Robbery

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 2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban Violence

Property Crimes - are crimes of economic interest. It includes those crimes that
would most commonly be categorized as theft in ordinary language. It also includes but
not limited to offenses such as unlawful entry to commit theft, shoplifting, vandalism,
and arson. Property crimes are also in the forms of:

1. Occasional Property Crimes - Shoplifting, Vandalism, Motor vehicle theft,

Check Forgery
2. Conventional Property Crimes - Burglary/unlawful entry to commit theft,
Fence, Larceny/Theft

Violent Crimes (Index Crimes)

Murder – is the unlawful killing of human being with malice and with the “act of
violence”. Serial Murder – an act involving killing of several victims in three or more
separate incidents over a week, a month or year. Mass Murder – it is the killing of four
or more victims at one location with one event. Spree Murder – the killing of in two or
more locations with almost no time break between murders.

Homicide and Assault - Homicide is also unlawful killing without the qualifying
circumstances of murder. It is generally regarded as the most commonly committed of
all the index crimes (based on the UCR offenses). Assault is called “unlawful attack”
to another person purposely to harm or inflict physical injuries. It is a crime that involves
offering to give bodily harm to a person or placing the person in fear.

Robbery - INTERPOL defined robbery as “violent theft”. It is the taking of

property belonging to another with intent to gain by means of force upon things,
violence of intimidation against the person. It could be in the form of:

1. Robbery of person – “hold up cases”

2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims and
offender
5. Robbery in case of previous association between victim and offender.

Types of Robbers

1. The Professional Robber – robber who has long-term commitment to the crime
of robbery as a major source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little
commitment to or specialization in robbery and one who is all purpose property
offender.

PAGE 30
 3. The Addict Robber – one who committed the crime of robbery to support the
drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages to robbery
occasionally in order to support his habit. (Unplanned)
5. The Muggers – they are the most feared robbers. They are semi-professional
robbers who are sometimes called “strong armed robbers” – the street robbers
who commit everything from snatching to the brutalization of the victim.

Rape - is commonly defined as “carnal knowledge of a woman against her will”.

Rape is the fastest growing of all UCR index crime. It could be in the form of:

1. Real Rape – aggravated rape involving violence, weapons and attackers.

2. Simple Rape – anything else not fall as “real rape” such as: victims are viewed
as suspicious, particularly if the victim did not physically resist.

Rape is a violent crime due to the means employed usually characterized by

violence, aggression and domination. It has the general effect of “Rape Trauma
Syndrome” – refers to the adverse psychological impacts rape victims continue to
suffer long after the incident. It includes:

1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness

Classification of Men who Rape

1. Anger Rape – sexual attack becomes a means of expressing anger or rage and
involves more physical assault upon the victim.
2. Power Rape – assailant primarily wishes to express his domination over the
victim.
3. Sadistic Rape – perpetrator combines the sexuality and aggression aims in
psychic desires to often torture or otherwise abuse the victim.

Family Violence - Family violence are violent crimes involving physical assault by a
family member to another family members such as the following:

1. Child Abuse – an attack or assault of an adult against the defenseless or people

who cannot defend themselves, usually by a parent to a child.
2. Spouse Abuse – “husband vs. wife battering”

Types of Violent Offenders

1. Culturally Violent Offenders – those who live in cultures which violence is an

acceptable problem mechanism.

PAGE 31
 2. Criminally Violent Offenders – those who use violence as a means to
accomplish criminal acts.
3. Pathological Violent Offenders – those who commit violent crimes due to
mental disturbances.
4. Situational Violent Offenders – those who commit acts of violence on rare
occasions, often under provocations. They are the criminals “by passion”.

Property Crimes (Non-Index Crimes)

Occasional Property Crimes - Occasional Property crimes are group of
property crimes committed by ordinary property criminals with little progressive
knowledge on criminal techniques. Offenders injure or steal property on an infrequent
basis. They tend to commit crimes such as Auto theft of motor vehicle theft, Shoplifting
or good pilferage, Vandalism, Check Forgeries

Conventional Property Crimes - These are group of property crimes committed

by professional criminals on a persistent basis, which constitute form of career
criminality. Conventional property crimes include:

1. Burglary (Robbery) – unlawful entry of forcible entry in order to commit a felony

of theft.
2. The Fence – dealers of stolen properties, the act of “buy and sale of stolen
properties”
3. Larceny (theft) – simple taking of properties with intent to gain and without the
consent of the owner.

Destructive Property Crime – includes Arson – unlawful burning of property on

another such as:

1. Profit-motivated Arson – illustrated by insurance fraud

2. Revenge Arson – burning of properties due to hatred or spell jealousy
3. Vandalism Arson – fire is employed as a means of expressing vindictive
vandalism toward the property of a group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.

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 CHAPTER IV
STUDY OF CRIMINALS

CRIMINAL DEFINED
In the LEGAL sense, a criminal is a person who has been found to have
committed a wrongful act in the course of the standard judicial processes. There must
be a final verdict of his guilt.

In the Criminological sense, a person is already considered a criminal the

moment he committed any anti-social act.

DISTINCTION BETWEEN CRIMINAL AND DELINQUENT

A criminal is a person who has violated the penal laws and have been guilty of
the charges upon observing the standard judicial procedure while a delinquent is a
person who merely committed an act not in conformity with the standard norms of
society.

Example of acts of delinquency

1. Waywardness of children
2. Street corner gang
3. Children out of parental control
4. School dropouts without justifiable reasons

CLASSIFICATION OF CRIMINALS
a. Criminals classified on the basis of ethnology
a. Acute criminals- A person, who violate criminal law because of the impulse
of the moment, fit of passion or anger or spell of extreme jealousy.
b. Chronic criminals- persons who acted in consonance with deliberate
thinking such as:
1.Neurotic criminals- persons whose actions arise from infra-psychic conflict
between the social and anti-social components of his personality
example: Kleptomania.

2.Normal criminals- persons whose psychic organization resembles that of

normal individuals except that he identifies himself with criminal prototype.

3. Criminality caused by an organic pathological process

b. Criminals classified on the basis of behavioral system

PAGE 33
 a. Ordinary criminals- the lowest form of criminal career. They engaged only
on conventional crimes which requires limited skills. They lack organization to
avoid arrest and conviction.
b. Organized criminals – these criminals have a high degree of organization to
enable them to commit crimes without being detected and committed to
specialized activities which can be operated in large scale business. Force,
violence, intimidation and bribery are used to gain and maintain control over
their activities. Organized crimes of this special type include various forms of
rackets, control of gambling, prostitution and distribution of prohibited drugs.
c. Professional criminals- they are highly skilled and able to obtain
considerable amount of money without being detected because of
organization and contact with other professional criminals. These offenders
are always able to escape conviction. They specialize in crimes which require
skills rather than violence such as confidential games, pickpocketing,
shoplifting, sneak thievery, counterfeiting and others.
c. Criminals classified on the basis of their activities
a. Professional criminals- those who earn their living through criminal activities
b. Accidental criminals- those who commit criminal act as a result of
unanticipated circumstances.
c. Habitual criminals- those who continue to commit criminal acts for such
diverse reason due to deficiency of intelligence and lack of self-control
d. Situational criminals- those who are actually not criminals but constantly in
trouble with legal authorities because they commit theft, larcenies and
embezzlement which are intermixed with legitimate economic activities.
d. Criminals classified on the basis of mental attitude
a. Active aggressive criminals- those who commit crimes in an impulsive
manner usually due to aggressive behavior of the offender. Such altitude
is clearly shown in crimes of passion, revenge or resentment.
b. Passive inadequate criminals - those who commit crimes because they
are pushed to it by inducement, reward or promises without considering its
consequence.
c. Socialized delinquents- those who are normal in their behavior but
merely defective in their socialization processes. To this group belongs the
educated and respectable members of the society who may be criminals
on account of the situation they are involved.

PAGE 34
 CHAPTER V
EXPLANATIONS TO CAUSES/EXISTENCE OF CRIMINALITY

1. Single or unitary causes

Crime is produced only by one factor or variable be this is social, biological, or mental.
This theory is no longer in use at present.

2. Multiple factor theory

Crime is not a product of a single cause or factor but a combination of several factors.
Some factors are playing a major role while the others are playing the minor role

EARLIER EXPLANATIONS TO THE EXISTENCE OF CRIMINALITY

1. The explanation that crime is caused by demons.
Accordingly, men commit anti-social acts because of demons, spirits, or someone from
the “other world” instructed, forced or pushed them to do so. This belief is true during
the pagan age when any wrongful act of men from the evil spirits and to avoid them
from being under their influence and control they resorted to the use of rituals.

2. The explanation that the crime is caused by divine will

Men manifest criminal behavior because they are sinful so God wants to punish
them. During the ancient period, criminals are given the right of sanctuary whereby they
can seek refuge in the temples of God so that they will be free from prosecution and
punishment. Early American system of prison management do not give them more
opportunity to ask for forgiveness from God.

3. The explanation that crime is the result of the will of men.

(Classification school of Thought by Beccaria)
According to Beccaria, men are fundamentally a biological organism with
Intelligence and rationality which control their behavior. Before men; do something
(commit crimes), he tries to determine the amount of pain he will suffer and the amount
of pleasure he will receive. His future actions will depend on the algebraic sum of the
two considerations. If there will be more pain, he will carry on his plan to commit
unlawful
act. Finally, crime is caused by rational effort of men to augment his pleasure and to
minimize his pain.

4. The explanation that crime is the result of the free will of men but were
committed due to some compelling reasons which prevailed.
(Neo-Classical School of thought)
The explanation accepts the facts that crimes are committed in accordance with
the free will of men but the acts of committing a crime is modified by some causes that

PAGE 35
finally prevail upon the person of commit crimes. These causes are pathology,
incompetence, insanity or any condition that will make it impossible for the individual to
exercise free will entirely. In the study of legal provisions, this termed as either
mitigating or exempting circumstances.
5. The explanations that criminal is born. (Positive School of Thought by Cesare
Lombroso)
According to Cesare Lombroso, who is now considered as the father of
modern Criminology, criminals are born with some physical characteristic which
becomes causes of crimes. He advances the following explanation to such causes:
1. That there is a distinct born criminal type;
2. That this type can be identified by certain stigmata or anomalies
3. That the stigmata are not the cause of crime but rather the symptoms of atavist
Or reversion of his ape-like ancestors;
4. That this atavism degeneracy of is body are the cause of crime and;
5. That the person who is born criminal type cannot refrain from committing crime
Unless he lives under exceptionally favorable circumstances.

Example of physical degeneracy that causes crimes.

a. deviation
b. asymmetry of the face
c. excessive dimensions of the jaw
d. eye defects and peculiarities
e. unusual size of the ears
f. nose is twisted, upturned flattened or aquiline
g. thick and fleshy lips, swollen and protruding
h. abnormal dentition
I. chin receding or excessively long, short or flat
j. abnormalities of the hair
k. supernumerary fingers and toes
l. imbalance of the bemisphere of the brain

PAGE 36
 CHAPTER VI
FACTORS AFFECTING THE DEVELOPMENT AND EXISTENCE OF CRIMES AND
CRIMINALITIES

1.Geographical Factors

Earlier criminologist correlated climate, humidity, wind velocity, atmospheric

pressure, rainfall, nature of soil and other geographical pressure, nature of soil and
other geographical factors to the existence and development of crimes and criminalities
Following are some of the explanations formulated by criminologist about geographical
and crimes;

1. North and South Pole

According to Queteles’s “thermic law of delinquency” crimes against person
predominate in the south pole and during warm season while crimes against property
predominate in the North Pole and cold countries.
2. Approach to Equator
According to Montesquieu’s Spirit of Laws, criminality increases in proportions as
one approaches the equator and drunkenness increases as one approaches the north
and south pole.
3. Season of the Year
Crimes against person are more in summer season while crimes against property
are more during rainy season. Climatic condition directly affects one’s irritability and
causes criminality. During hot season, people get out of the houses more, and there is
more contact ad consequently more probability of personal violence.
4. Soil Formations
More crimes of violence are recorded in fertile level lands than in hilly rugged
terrain. There is more congregation of people and there are more irritations. There is
also more incidence of rape in the level land.
5. Month of the Year
There is also more incidence of violent crimes during warm months from April up
to July having its peak in May. This is due to may festivals, excursions, picnics and
other sort of activities wherein people are more in contact with one another.
6. Temperature
According to Dexter, the number of arrest increases quite regularly with the
increase of temperature. The increase of temperature affects the emotional state of the
individual and leads to fighting. The influence of temperature upon females is greater
than upon males
7. Humidity and Atmospheric Pressure
According to survey, large numbers of assaults are found to be correlated with
low humidity and a small number with high humidity. It was explained that low and high
humidity are both vitally and emotionally depressing to the individual.

PAGE 37
 8. Wind velocity
Under the same study, it was explained that during high wind, the number of
arrest were less. It may be due to the presence of more carbon dioxide in the
atmosphere that lessens the vitality of men to commit violence.

2. The Biological Factor

Men as a living organism have been the object of several studies which has the
purpose of determining the causes of crimes. Among such studies are the following:
a. Physiognomy
This is the study of the relationship between the facial feature and human
conduct of a person in relation to his crimes. This study or science was used by
Becarria in 1764 (Crime and Punishment) and Lavator in 1775 (Physiognomical
Fragemnt) wherein both stated that the way to discover the character of a person is by:
a. Observation of his physical appearance and ;
b. Measurement of the outward appearance
Both claimed that bald men, bearded women, shifty eyes, weak chin and arrogant are
inclinations of criminal behavior.
b. Phrenology or Craniology
This is the study of the external formation of the skull that indicates the formation of the
brain and the development of its various parts in relation to the behavior of the criminal.
Frans Joseph Gall, Charles Caldwell, and John Christon Sprazheim claimed in their
study that the shape of the head of the criminals differ from that of the non-criminals.
The theory however, was found without scientific basis.

3. Study of Physical Defects and Handicapped in Relation to Crime

Leaders of notorious criminal groups are usually nicknamed in accordance with
their physical defects and handicaps such funny words like “Dorong pilay”, “Denciong
unano”,”Roger komang” and others. It is very common that these criminals are known
by childhood days whenever they become the subject matter of jokes by others. As a
society. The unfavorable results, therefore, could be the following:
1. Persons who are suffering from physical defects may develop poor
social relationship and serious emotional disturbance.
2. It reduces his capacity to compete occupationally and socially
3. Persons suffering from defects are frequently irritated by friends and
resort to violent criminal behavior.
4. It may cause the development of inferiority complex.

PAGE 38
4. Study of Kretschmer by Classifying the Types of Physique and the Type of
Crimes they are prone to commit:

Types of Physique Crime Prone to Commit

a. Pyknic Type (short 7 with round body) deception, fraud,

violence

b. Athletic Type (muscular and strong) violence

c. Asthenic Type petty thievery, fraud
d. Dysplastic or mixed type (those who are less
Evident having any predominant type) decency, morality

5. Study of William Sheldon (Varieties of Delinquent Youth) Classifying types of

Physique and criminal temperament:

Types of physique small body mass and relatively great

surface area
a. Endomorphic Temperament
Relatively great development of
digestive viscera; tendency to put on a. Viscrerotonic
fats; soft round body; short tapering General relaxation of body; comfortable
limbs, small bones; smooth velvety skin. person; love luxury and essentially
Extrovert person.
b. Mesomorphic b. Somotonic
Relatively predominance of muscles,
bone, and the motor organs of the body; Active, dynamic, walks, moves
large wrist and hands. assertively and Behave aggressively.

c. Ectomorphic c. Cerebrotonic
Relatively predominance of skin and its Introvert, full of functional allergies,
appendages which includes the nervous skin troubles, chronic fatigue, insomnia,
system; lean, delicate body, fragile, sensitive to noise, shrinks from crow
small delicate bones, fine hair, relatively

PAGE 39
6.Study of Heredity as the Causes of Crimes

a. Study of Martin Kallikak Tree(Goddard)

Martin kallikak was a soldier of the American revolutionary war and while
stationed in a small village, he met and had illicit relations with a feeble-minded girl.
About 489 descendants from this lineage were traced which includes 143 epileptics, 3
criminals, 8 kept brothels and 12 died in infacy.
At the close of the war, Martin Kallikak returned to his home and married a Quaker of
good family. Out of this marriage, 4,967 of the descendants has been offence, 2 were
known to be alcoholics, 15 died in infancy and no one became criminal or epileptic.
b. Study of Juke Family Tree (Dugdale and Extabrook)
The Juke Family consisted of 6 girls some of whom were illegitimate. One of the
six sisters, Ada Juke was known as “Margaret, the mother of criminals”. Dugdale traced
the 1,200 descendants for 75 years from its origin and found 280 as paupers, 140
criminals, 60 habitual thieves, 300 infants prematurely born, 7 murderers, 50 prostitutes,
440 contaminated with sexual diseases, and 30 were prosecuted for bastardy.
c. Study of Sir Jonathan Edwards Family Tree
Sir Jonathan Edwards was a famous preacher during the colonial period. When
his family tree was traced, none of the descendants was found to be criminal. On the
other hand, many become presidents of the United States, governor, members of the
Supreme Court, famous writer, preacher and teachers.

4.Psychoanalytic and Psychiatric Theory Factors

Various studies of human behavior and mind in relation to the causes of crimes:
Several noted criminologists have advanced the theories that criminal behavior is
developed among individual’s consonant with the development of human mind, traits
and behavior. Among them are:
1. Aichorn.
In his book entitled Wayward Youth (1875) said that the causes of crime
and delinquency is the faulty development of the child during the first few years
of his life. As a child. The human being normally follows only his pleasure
impulses which must control his behavior otherwise he suffers from faulty ego
development and became delinquent.
2. Abrahamsen. In his book Crime and the Human Mind (1945) explained the
causes of crime by this formula:
“Criminal behavior is equals to criminalistics tendencies plus crime inducing
situation divided by the person’s mental or emotional resistance to temptations”

CT
C=----
M/E R

3. Cyril Burt. In his book Young delinquent (1925) gave the theory of general
emotionality. According to him, many offenses can be traced to either in excess
or a deficiency of a particular instinctive drive. An excess of the submissive

Page 40 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 instinct account for fear and absconding may be due to the deficiency in the
primitive emotion of love and an excess of the instinct of hate.
4. Healy. In his book Individual Delinquency, claimed that crimes are an
expression of the mental content of the individual. Frustration of the individual
causes emotional eliminated by substitute behavior, that is crime or delinquency
of the individual.
5. Bromberg. In his book Crime and the Mind (1948), claimed that criminality is
the result of emotional immaturity. A person is emotionally matured when he has
learned to control his emotion effectively and who lives at peace with himself and
in harmony with the standard conduct which are acceptable to the society. An
emotionally immature person rebels against rules and regulations, tend to
engage in unusual activities and experience a feeling of guilt due to inferiority
complex.
6. Sigmund Freud. (The Ego and the Id, 1927) On his psychanalytic theory of
human personality and crimes has the following explanations:
a. Id are impulses of instinct of social drives. It contains what is inherited, that is
present at birth. A new born infant enters the world with an energy reservoir of
instinctive biological drives which is uncontaminated by external reality. At this
point, the human being is prepared of his instinctual energies, selfishness,
violence and anti-social wishes are part of the original instinct of man.
b. Ego. This form part of man’s physical organization between his sensory
stimuli on one hand and his motor activity on the other. The ego operates on
the basis of expediency. The question of right or wrong, safe or dangerous,
permitted or prohibited do not play an important role. The child begins to
acquire an awareness of One’s self-distinction from the environment.
Decisions are reached in terms of reality principle.
c. Super Ego. Means the conscience of man. It is the role of the agencies
outside the home which tries to control the ego. The super-ego tries to correct
or control the ego and maybe represented by the voice of God, moral truth,
commandments of society, good for the whole will of the majority, cultural
conventions and other rules.
To be normal, there must be a proper balancing of the above components. Imbalance or
disharmony may make the individual neurotic. If the super-ego is deficient or improperly
developed, then the ego will dominate, hence the person may become impulsive or
aggressive making them more prone to commit violent acts.

The Gianell Index of Criminality

This criminosynthesis explains the reason why a person may commit a crime or
inhibit himself from doing so under the following conditions:
1. Need Frustration
The person before committing the crime is likely to feel unhappy, unsatisfied,
resentful or angry about something in particular, or about life, in general.
2. Internal Inhibition
It refers to all types of internal forces maybe the person’s conscience, or his
principles, or his sense of self-respect, or the particular conceptions he has to himself,

Page 41 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
or a sense of guild or remorse that he may experience if he commits certain actions.
These forces operate within the person, without any need for restraint from outside.
3. External Inhibition
This refers to all types of external forces which may prevent an individual from
committing crime. These forces maybe produced by thought that the person can get
caught if he commits the crime, or sentenced to prison for a given number of years, or
disgraced in the community, or punished in some other way.
4. Contact with Reality
This refers to the extent to which the person learns from his past experiences,
especially his past mistakes, as well as to the extent to which he can evaluate
accurately the present situation and foresee the consequences of his present action to
his future.
5. Situational Crime Potential
This refers to the actual opportunity to commit the crime, that is the easiness or
possibilities to commit a crime offered by a given place, situation, person, or
environment.
6. Potential Satisfaction
This refers to the balance of gain and loss that a person experience if he
commits a given crime, if a person has nothing to loss, he is like more likely to commit
the crime. If instead, he has a great deal of assets in his life, and cares about them,
such as love in relation to his parents, his family, his children, a good job, hobbies,
money in the bank, property, good reputation, he is not likely to commit certain crime
because, he has too much to lose.

Mental Disturbances as Causes of Crimes

The following are cases of mental disturbances which are sometimes the causes
of criminality and the development of criminal behavior:
1. Mental deficiency- a condition of arrested or incomplete development of the mind
existing before the age of 18, whether arising from inherent causes or induced by
disease or injury. Mentally deficient persons are prone to commit malicious damage to
property and unnatural sex offenses. They may commit violent crimes but definitely not
crimes involving the use of mentality.
Classes of mental deficiency:
1. Idiots- persons in whose case there exists mental defectiveness of such degree
that they are unable to guard themselves against common physical dangers.
Their mentality is compared to a 2 years old person.
2. Imbeciles- persons in whose case there exist mental defectiveness which
thought not amounting to idiocy, is yet pronounced that they are incapable of
managing themselves or their affairs. Their mentality is like a child of 2 to 7 years
old.
3. Feeble-minded persons- those in whose case there exist mental defectiveness
which though not amounting to imbecility, is yet so pronounced that they require
care, supervision, and control for their own or for the protection of others, or in
the case of children, they appear to be permanently incapable by reason of such
defectiveness or receiving proper benefit from the instruction on ordinary
schools.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 4. Moral defectives – persons wherein mental defect s exist coupled with strong
vicious criminal propensities, and who require care and supervision and control
for their own sake or for the protection of others.
5. Schizophrenia – This is sometimes called dementia praecox, which is a form of
psychosis characterized by thinking disturbance and regression to a more
primitive level of emotional life. The memory is relatively unimpaired and
intellectual functions are well preserved. The personal appearance is dilapidated
and the patient is liable to impulsive acts, destructively and may commit suicide.
6. Compulsive Neurosis – This is the uncontrollable impulse to do something.
There may be an active desire to resist the irrational behavior but prevented by
the unconscious motives to act out his difficulty or suffer miserably in his fear.
7. Psychopathic Personality – This is the most common cause of criminality
among youth offenders and habitual criminals. It is characterized by the infantile
level of response, lack of conscience, deficient feeling of affection to others and
aggression to environment and other people.
8. Epilepsy – This is a condition characterized by convulsive seizures and a
tendency to mental deterioration. The seizure maybe extreme loss of
consciousness. During the attack, the person become muscularly rigid,
respiration ceases, froth on the mouth and tongue maybe bitten. The disease is
characterized by the reduction of emotionality, with much inconsistency in
feelings, irritability manifested either by sudden outburst of anger and vicious
conduct. Just before the actual convulsion, there may be mental confusion,
hallucination or delusion and the person may commit violent crimes without
provocation.
After the attack, the person may be at the state of altered consciousness and may
wander from one place to another and inflict bodily harm. In the course of mild attack,
he may unconsciously perform indecent acts, breachof the peace and varying degree of
crime of violence.

Types of Epilepsy:
a. Grand Mal – There is complete loss of consciousness and general contraction of
the muscles.
b. Petit Mal- Mild or complete loss of consciousness and contraction of muscles.
c. Jacksonian Type- localized contraction of muscles with or without loss of
consciousness.
9. Alcoholism- this is a form of vice causing mental disturbances. It is a condition
wherein a person is under the influence of intoxicating liquor or alcohol. His
physical condition and behavior has been modified to a certain extent by the
effects of alcohol. The drunkard habitually takes or uses intoxicating alcoholic
liquor and once under the influence of liquor becomes dangerous to himself or
others. He may commit violent crimes and inflict physical injuries. Habitual
drunkard may commit suicide, sex offenses and acquisitive crimes. Young
children, likewise, may become delinquent.

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Causes of Alcoholism:
a. Some people believes that alcohol serves as an appetizer before taking
meals.
b. Sometimes alcohol give them soothing effects.
c. Alcohol is used as a means of escaping personal problems.
d. As a way of escaping from unpleasant realities in life.
10. Drug Addiction- this is another form of vice which causes strong vicious mental
disturbance. It is the state of periodic or chronic intoxication produced by the
repeated consumption of natural or synthetic drugs. The vice is punishable by the
revised Penal Code and the Dangerous Drug Act. An addict may commit crimes
against a prostitute just to get money to buy her drugs. An addict during
withdrawal symptoms may commit violent crimes or may commit suicide due to
extreme sufferings. The addict is lazy, unsanitary and become less dependable.

5. THE SOCIOLOGICAL FACTOR

Sociological causes refer to things, places, and people with whom we come in
contact and which play a part in determining our actions and conduct. These causes
may Bring about the development of criminal behavior. Author Sutherland (Principles of
Criminology, 6th Ed.) briefly explains the process by which a particular person comes to
engage in criminal behavior. The following are the processes:
1. That criminal behavior is learned.
This conclusion negates the theory that criminal behavior is inherited. Likewise,
criminal behavior is not an invention by the criminal himself but learned in the
process of association with others.
2. That criminal behavior is learned in the process of communication with
other persons.
The communication with other persons in the process of learning criminal
behavior could be either verbal or imitation
3. That the principle part of learning occurs within the intimate personal
group.
Group unity among the criminal gang is the most effective vehicle of influencing
others to learn and adopt criminal behavior. This is due to the fact that loyalty, faith
and belief among each other must prevail for the group to survive as one.
4. That upon learning the criminal behavior, the criminal learns the technique
of committing crimes, its motives, drives and rationale.
5. The learning process may vary in frequency, duration, priority and
intensity.
6. That which criminal behavior is an expression of general needs and value.

Some of the Sociological Causes of Crimes

1. Lack of Parental Guidance
Much of our life is influenced by the type of parents we have. Experience proves
that may parent lack control over their children through ignorance, severity,
carelessness, indifference. Such children generally get into trouble and statistics
show that, “todays delinquents are tomorrows criminals”.

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Broken Home and Family
A family is a homogenous, unified and intimate social group wherein children
have their initial experience with others; receive protection, normal instruction and basic
physical and emotional satisfaction. It is the agency through which he becomes familiar
neighborliness, good sportsmanship, courtesy and good manners, truthfulness and
reliability. Frequently, however, homes are very unpleasant places because of
drunkenness, quarrelling and nagging. In such cases there is a tendency to avoid the
home and seek pleasure elsewhere. Too often, the pleasure sought from the place
leads to unfavorable situation that may become causes of delinquency or criminality.
Characteristics of a Normal home
a. Physically complete where both natural parents are present
b. There is social and religious similarity in the group
c. It must be economically stable to maintain normal health
d. Both parents must have the same cultural background
e. There must be physical and psychological normality
f. There must be functional adequacy
Basic Needs of Children:
a. Security- Economic and emotional security must be provided to children. Food,
shelter, clothing and love are necessary for their existence.
b. Recognition- the parents are the ones who first recognize whatever
accomplishment a child has for himself.
c. Status- this is the ticket for admission in other constructive group.
d. Companionship

1. Injuring Status of Neighborhood

The residents in slum or impoverish areas will lower the social status of the child.
They are generally congested, have more than the average number of cheap
amusement places, have few recreational facilities. As a rules, people are influenced by
these surroundings and often get in trouble.
2. Association with Criminal Groups
The old adage that “one bad apple will spoil a barrel of good ones” unfortunately
holds true to a great degree among people. Experience shows that the influence of a
few bad ones is more often felt than the opposing influence of a few good companions.
The reason is that there is stronger ties and brotherhood among criminal group than the
non-criminal group. Further, it is best explained by Vold in his “Group Conflict Theory” to
wit. “Group conflicts develops identification and loyalty as well as spirit-de-corps and
morale. Politics, law-making, law-breaking, gang behavior and crime is basically group
conflict”.
3. Lack of Recreational Facilities for Proper Use of Leisure Time
Recreational facilities are especially necessary if we are to use up youthful
energy in a legitimate way> too often, in those areas where they are most needed, such
things as parks, social club and others are missing consequently many of our young
people tend to use their energies in mischievous, if not illegal pursuits. On the other
hand, we may not have hobbies to occupy our leisure time. As a result, our time is
sometimes spent in illegal ways. It is true that “an idle mind is the devil’s workshop”.

Page 45 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
5. Lack of Employment and Poverty
Lack of employment and poverty gives us too much leisure time, leads us to
poverty, loss of self-respect which may lead us to crime. Although however, poverty
itself is not a direct cause of crime but it is true that is may set up demands and
situations that can be satisfied only by larceny, illegal occupations and drunkenness.
OTHER CRIMINOGENIC FACTORS OR CAUSES OF CRIMES
A. Failure of the school in character development of the children and youth
The duty of the school in the character development of children is complimentary
to the home. Second to the home, the school has close contact with children for a long
period of time so that is has a powerful influence in the life of the child and has much to
do with the future life and career of children.
Primary functions of the school
1. To inculcate civic and patriotic responsibility in children.
2. As an agency of social control over the mores and culture of society
3. It furnish technical competence for their future employment.
4. It is a place where initial evidence can be manifested towards criminal behavior.

B. The teaching or religion may sometimes be misdirected from its purposes and
objectives.
The relevance of religion to criminality has always been considered on how much
it helps in combating delinquency. This is due mainly to the fact that religion has always
supported morality, decency, love of mankind, and above all, love of God. Delinquency
and crime therefore, has not only been seen as a wrong in the eyes of the law but
likewise in the eyes of God. However, there is a little knowledge for each one of us that
religion sometimes serves as the vehicle of crimes under these circumstances:
1. When a certain religious group actively participate in partisan political activities.
2. When religion tries to inculcate certain moral doctrine not in consonance with
accepted norm of society.
3. When religion preaches the use of violence in the attainment of their objectives.
C. the mass communication media may develop an artificial environment of
crimes and delinquency and influence the public to violate laws.
There is no doubt that with the perfection of the modern technology in mass
communication media, newspaper, radio, motion pictures, comic books, and television
have been the most effective means of disseminating information to our public in the
country today. Simultaneously, they create public character and particular type of
society that they will ultimately create on the public an artificial environment that develop
in the mind of the public. Media of course has always been conceived for the good but
sometimes they may enhance the development of criminal behavior under the following
circumstance:
1. Newspaper is considered a factor to criminality when:
a. It promotes crime by constantly advertising the crime by putting into the
headlines
b. It glorifies criminal leaders and consequently increases their prestige
c. It interferes in the administration of justice by `` trial by newspaper’’ and by
giving advance information to the public.

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 d. It produces public panic in regards to crime which make consistent and sober
judicial and preventive procedure difficult.
e. It frequently advances information to the criminals regarding the plans of the
police and law enforcers.
2. Movies, televisions and radio are factors to criminality when:
a. It displays crime technique and criminal pattern of behavior.
b. It arouses desires for easy money and luxury and suggests questionable
method of getting it.
c. It induced the spirit of bad behavior and toughness
d. It arouses intense sexual desire for sexual offenders
e. It facilitate day-dreaming of a criminal role
3. Comic books and other literature are crime producing when:
1. Failed to promote respect for law. ex . criminals are presented as heroes or
victims of prosecution while law enforcement officers are presented as comic
cop, as brute behind his badge, or a stupid bungler.
2. Pornographic comic books and other literatures are provoking abnormal
interest in sex, aggression, cruelty and deceit. They furnish rationalization for
these ideas which are more harmful ethically than the impulse they release.
3. Stories of comic books and other literature sometimes suggest profitable
opportunities for crime in certain localities.
4. Political causes may likewise bring about an artificial set of crimes due to
the following reasons:
There are too many laws and ordinances that are passed and violated.
1. The police and other law enforcement agencies are enforcing the laws carelessly
the people are impressed with the idea that they can break the law with impunity
from punishment and arrest.
2. Leniency of the courts to impose stiffer penalties which encourages compassion
for crimes.
3. There are certain laws that are to unpopular that even the most decent citizens
are violating it.
4. Poor prison system which fail to reform and rehabilitate prisoners and on the
other hand prisoners are learning techniques of committing crimes.

Page 47 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 CHAPTER V
STUDY OF CRIMINAL BEHAVIOR

CRIMINAL PSYCHOLOGY

In general, psychology is the science of behavior and mental processes. This

means that psychologists use the methods of science to investigate all kinds of behavior
and mental processes, from the activity of a single nerve cell to the social conflict in a
complex society (Bernstein, et al, 1991). In particular, criminal Psychology is a sub-field
of general psychology where criminal behavior is only, in part by which phenomena
psychologists choose to study. It may be defined as the study of criminal behavior, the
study of criminal conduct and activities in an attempt to discover recurrent patterns and
to formulate rules about his behavior.

A major description of criminal psychology is the word behavior. Behavior refers

to actions or activities (Kahayon, 1985). To the criminologist, behavior is the observable
actions because he is more interested in actions and reactions that can be seen and
verified than in concepts, which cannot be directly verified.
Classification of Behavior

1. Normal Behavior (adaptive or adjusted behavior) – the standard behavior, the

totality accepted behavior because they follow the standard norms of society.
Understanding criminal behavior includes the idea of knowing what characterized
a normal person from an abnormal one. A normal person is characterized by:
Efficient perception of reality, Self-knowledge, Ability to exercise voluntary control
over his behavior, Self-esteem and acceptance, Productivity, Ability to form
affectionate relationship with others.

2. Abnormal Behavior (maladaptive/maladjusted behavior) - A group of

behaviors that are deviant from social expectations because they go against the
norms or standard behavior of society.

A maladaptive (abnormal) person may be understood by the following

definitions:

Abnormal behavior according to deviation of statistical norms based

in statistical frequency: Many characteristics such as weight, height, an
intelligence cover a range of values when, measured over a population. For
instance, a person who is extremely intelligent or extremely happy would be
classified as abnormal.
Abnormal behavior according to deviation from social norms: A
behavior that deprives from the accepted norms of society is considered
abnormal. However, it is primarily dependent on the existing norm of such
society.
Behavior as maladaptive: Maladaptive behavior is the effect of a well
being of the individual and or the social group. That some kind of deviant
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 behavior interferes with the welfare of the individual such as a man who fears
crowd can’t ride a bus. This means that a person cannot adopt himself with the
situation where in it is beneficial to him.
Abnormal behavior due to personal distress: This is abnormally in
terms of the individual subjective feelings of distress rather than the individual
behavior. This includes mental illness, feeling of miserably, depression, and loss
of appetite or interest, suffering from insomnia and numerous aches and pains.
Abnormality in its legal point: It declares that a person is insane largely
on the basis of his inability to judge between right and wrong or to exert control
over his behavior (Bartol, 1995).

KINDS OF BEHAVIOR

1. Overt or Covert Behavior - Behaviors that are outwardly manifested or those

that are directly observable are overt behaviors. On the other hand, covert
behavior are behaviors that are hidden – not visible to the naked eye.
2. Conscious or Unconscious Behavior - Behavior is conscious when acts are
within the level of awareness. It is unconscious when acts are embedded in one’s
subconscious – unaware.
3. Simple or Complex Behavior - These are acts categorized according to the
number of neurons involved in the process of behaving. Simple behavior involves
less number of neurons while complex behavior involved more number of
neurons, a combination of simple behaviors.
4. Rational or Irrational Behavior - There is rational behavior when a person
acted with sanity or reason and there is irrational behavior when the person
acted with no apparent reason or explanation – as when a man loses his sanity
and laugh out loud at nobody or nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary behavior is an act done with full
volition or will such as when we discriminate, decide or choose while involuntary
behaviors refers the bodily processes that foes on even when we are awake or
asleep like respiration, circulation and digestion.

ASPECTS OF BEHAVIOR

1. Intellectual Aspect – this aspect of behavior pertains to our way of thinking,

reasoning, solving, problem, processing info and coping with the environment.
2. Emotional Aspect – this pertains to our feelings, moods, temper, and strong
motivational force.
3. Social Aspect – this pertains to how we interact or relate with other people
4. Moral Aspect – this refers to our conscience and concept on what is good or
bad.
5. Psychosexual Aspect - this pertains to our being a man or a woman and the
expression of love
6. Political Aspect – this pertains to our ideology towards society/government
7. Value/Attitude – this pertains to our interest towards something, our likes and
dislikes
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
THE CRIMINAL FORMULA

C=T+S
R
Where:

C – Crime/Criminal Behavior (the act)

T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control)

The formula shows that a person’s criminal tendency and his resistance to them
may either result in criminal act depending upon, which of them is stronger. This means
that a crime or criminal behaviors exist when the person’s resistance is insufficient to
withstand the pressure of his desire or intent and the opportunity (Tradio, 1983).

In understanding this, the environment factors such as stress and strains are
considered because they contribute in mobilizing a person’s criminal tendency and the
individual’s psychological state while resistance t temptation arises from the emotional,
intellectual and social upbringing and is either manifestation of a strong or weak
character.

DETERMINANTS OF BEHAVIOR

The answer to these questions requires the study and understanding of the
influences of HEREDITY and ENVIRONMENT. As cited by Tuason:

Heredity (Biological Factors) - This refers to the genetic influences, those that
are explained by heredity, the characteristics of a person acquired from birth transferred
from one generation to another. It explains that certain emotional aggression, our
intelligence, ability and potentials and our physical appearance are inherited. It is the
primary basis of the idea concerning criminal behavior, the concept that “criminals are
born”. It also considers the influences of genetic defects and faulty genes, diseases,
endocrine imbalances, malnutrition and other physical deprivations that can be carried
out from one generation to another.

Environmental Factors (Socio-Cultural Influences)

Family Background – it is a basic consideration because it is in the family

whereby an individual first experiences how to relate and interact with another. The
family is said to be the cradle of personality development as a result of either a close or

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
harmonious relationship or a pathogenic family structure: the disturbed family, broken
family, separated or maladjusted relations.

Pathogenic Family Structure – those families associated with high frequency of

problems such as:

 The inadequate family – characterized by the inability to cope with the ordinary
problems of family living. It lacks the resources, physical or psychological, for
meeting the demands of family satisfaction.
 The anti-social family – those that espouses unacceptable values as a result of
the influence of parents to their children.
 The discordant/disturbed family – characterized by non-satisfaction of one or
both parent from the relationship that may express feeling of frustration. This is
usually due to value differences as common sources of conflict and
dissatisfaction.
 The disrupted family – characterized by incompleteness whether as a result of
death, divorce, separation or some other circumstances.

Childhood Trauma – the experiences, which affect the feeling of security of a

child undergoing developmental processes. The development processes are being
blocked sometimes by parental deprivation as a consequence of parents or lack of
adequate maturing at home because of parental rejection, overprotection,
restrictiveness, over permissiveness, and faulty discipline.

In the environment, the following are also factors that are influential to one’s behavior:
1. Institutional Influences such as peer groups, mass media, church and school,
government institutions, NGO’s, etc.
2. Socio-Cultural Factors such as war and violence, group prejudice and
discrimination, economic and employment problems and other social changes.
3. Nutrition or the quality of food that a person intake is also a factor that influences
man to commit crime because poverty is one of the many reasons to criminal
behavior.

OTHER DETERMINANTS OF BEHAVIOR

In order to further understand and provide answers on the question that why do
some people behave criminally, it is important to study the other determinants of
behavior. These are needs, drives and motivation.

Needs and Drives -Need, according to a drive reduction theory, is a biological

requirement for well being of the individual. This need creates drives – a psychological
state of arousal that prompts someone to take action (Bernstein, et al, 1991). Drive
therefore is an aroused state that results from some biological needs. The aroused
condition motivates the person to remedy the need. For example, if you have had no
water for some time, the chemical balance of the body fluids is disturbed, creating a
biological need for water. The psychological consequence of this need is a drive – thirst
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
– that motivates you to find and drink water. In other words, drives push people to
satisfy needs.

Motivation - Motivation on the other hand refers to the influences that govern the
initiation, direction, intensity, and persistence of behavior (Bernstein, et al, 1991). Thus
motivation refers to the causes and “why’s” of behavior as required by a need.
Motivation is the hypothetical concept that stands for the underlying force impelling
behavior and giving it s direction (Kahayon, 1975). Drives are states of comfortable
tension that spur activity until a goal is reached. Drive and motivation are covered in the
world of psychology, for they energize behavior and give direction to man’s action. For
example, a motivated individual is engaged in a more active, more vigorous, and more
effective that unmotivated one, thus a hungry person directs him to look for food.

Biological needs Motivational Systems

Food Hunger – the body needs adequate supply of nutrients to function

effectively. “An empty stomach sometimes drives a person to steal.”
Water Thirst – just like food, the body needs water.
Sex A powerful motivator but unlike food and water, sex is not vital for
survival but essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is essential to the survival of the
organism. Pain will activate behavior to reduce discomfort.
Stimulus seeking Curiosity is most people and animal is motivated to explore the
environment even when the activity satisfies no bodily needs.

Psychological Needs - are influenced primarily by the kind of society in which the
individual is raised. Psychological motives are those related to the individual happiness
and well-being, but not for the survival, unlike the biological motives that focuses on
basic needs – the primary motives.

Abraham Maslow has suggested that human needs form a hierarchy from the
most basic biological requirements to the needs for self-actualization – the highest of all
needs The pyramidal presentation shows that from the bottom to the top of the
hierarchy, the levels of needs or motive according to Maslow, are:

1. Biological or Physiological Needs – these motives include the need for

food, water, oxygen, activity, and sleep.
2. Safety Needs – these pertains to the motives of being cared for and being
secured such as in income and place to live.
3. Love/Belongingness – Belongingness is integration into various kinds of
social groups or social organizations. Love needs means need for affection.

4. Cognitive Needs – our motivation for learning and exploration

5. Esteem Needs – our motivation for an honest, fundamental respect for a
person as a useful and honorable human being.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 6. Aesthetic Needs - our motivation for beauty and order
7. Self- actualization – pertains to human total satisfaction, when people are
motivated not so much by unmet needs, as by the desire to become all they
are capable of (self-realization).

According to the Maslow”s formulation, the levels that commands the individual’s
attention and effort is ordinarily the lowest one on which there is an unmet need. For
example, unless needs for food and safety are reasonably well-met behavior will be
dominated by these needs and higher motives are of little significant. With their
gratification, however, the individual is free to devote time and effort to meet higher level.
In other words, one level must at least be partially satisfied before those at the next level
become determiners of action.

Frustration, Conflict and Anxiety

Frustration refers to the unpleasant feelings that result from the blocking of
motive satisfaction. It is a form of stress, which results in tension. It is a feeling that is
experienced when something interferes with our hopes, wishes, plans and expectations
(Coleman, 1980). Conflict refers to the simultaneous arousal of two or more
incompatible motives resulting to unpleasant emotions. It is a source of frustration
because it is a threat to normal behavior (Berstein, et al, 1991).

Types of Conflicts

1. Double Approach Conflict – a person is motivated to engage in two desirable

activities that cannot be pursued simultaneously.
2. Double Avoidance Conflict – a person faces two undesirable situations in
which the avoidance of one is the exposure to the other resulting to an intense
emotion.
3. Approach-Avoidance Conflict – a person faces situation having both a
desirable and undesirable feature. It is sometimes called “dilemma”, because
some negative and some positive features must be accepted regardless which
course of action is chosen.
4. Multiple Approach-Avoidance Conflict – a situation in which a choice must be
made between two or more alternatives each has both positive and negative
features. It is the most difficult to resolve because the features of each portion
are often difficult to compare.
Anxiety is an intangible feeling that seems to evade any effort to resolve it. It is
also called neurotic fear. It could be intense; it could be low and can be a motivating
force (Coleman, 1980). Stress is the process of adjusting to or dealing with
circumstances that disrupts, or threatens to disrupt a person’s physical or psychological
functioning (Bernstein, et al, 1991)

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
The Ego Defense Mechanisms

The defense mechanisms are the unconscious techniques used to prevent a

person’s self-image from being damaged. When stress becomes quite strong, an
individual strives to protect his self-esteem, avoiding defeat. We all use ego defense
mechanisms to protect us from anxiety and maintain our feeling of personal worth. We
consider them normal adjustive reactions when they are used to excess and threaten
self-integrity (Bernstein, et al, 1991). Example: Denial of Reality – protection of oneself
from unpleasant reality by refusal to perceive or face it. Simply by avoiding something
that is unpleasant. Fantasy – the gratification of frustration desires in imaginary
achievement. Paying attention not to what is going on around him but rather to what is
taking place in his thoughts.
Perspective on the Causes of Criminal Behavior

1. Anxiety (Psychological Perspective) – stressful situations that when become

extreme may result to maladaptive behavior.
2. Faulty Learning (Behavior Perspective) – the failure to learn the necessary
adaptive behavior due to wrongful development. This usually results to
delinquent behavior based on the failure to learn the necessary social values and
norms.
3. Blocked of Distorted Personal Growth (Humanistic Perspective) - presumably,
human nature tends towards cooperation and constructive activities, however, if
we show aggression, cruelty or other violent behavior, the result will be an
unfavorable environment.
4. Unsatisfactory interpersonal relationship - self-concept in early childhood by
over critical parents or by rigid socialization measures usually causes deviant
behaviors among individuals because they are not contented and even unhappy
among individuals because they are not contented and even unhappy to the kind
of social dealings they are facing.
5. Pathological social conditions – poverty, social discrimination, and destructive
violence always results to deviant behavior.

PATTERNS OF CRIMINAL BEHAVIOR

NEUROTIC OR PSYCHONEUROTIC PATTERNS - are groups of mild functional

personality disorders in which there is no gross personality disorganization, the
individual does not lose contact with reality, and hospitalization is not required.

Anxiety Disorders - Anxiety disorders are commonly known as “neurotic fear”.

When it is occasional but intense, it is called “panic”. When it is mild but continuous, it is
called “worry” which is usually accompanied by physiological symptoms such as
sustained muscular tension, increased blood pressure, insomnia, etc. They are
considered as the central feature of all neurotic patterns. These disorders are
characterized by mild depressions, fear and tensions, and mild stresses.

Page 54 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 1. Obsessive-compulsive disorders - Obsessions usually centered on fear that
one will submit to an uncontrollable impulse to do something wrong. Compulsion
on the other hand resulted from repetitive acts (Wicks, 1974). An obsessive-
compulsive disorder is characterized by the following: When an individual is
compelled to think about something that he do not want to think about or carry
some actions against his will, and the experience of persistent thoughts that we
cannot seem to get out of our minds such as thoughts about haunting situations.
2. Asthenic Disorders (Neurasthenia) - An anxiety disorder characterized by
chronic mental and physical fatigue and various aches and pains. Symptoms
include spending too much sleep to avoid fatigue but to no avail, even feel worse
upon awake, headaches, indigestion, back pains, and dizziness.
3. Phobic Disorders - These refer to the persistent fear on some objects or
situation that present no actual danger to the person. Examples of Phobia:
Acrophobia - fear of high places

Somatoform Disorders - Complaints of bodily symptoms that suggest the

presence of physical problem but no organic basis can be found. The individual is pre-
occupied with his state of health or diseases.

1. Hypochondriasis - This refers to the excessive concern about state of health or

physical condition (multiplicity about illness)
2. Psychogenic Pain Disorder - It is characterized by the report of severe and
lasting pain. Either no physical basis is apparent reaction greatly in excess of
what would be expected from the physical abnormality.
3. Conversion Disorders (Hysteria) - It is a neurotic pattern in which symptoms of
some physical malfunction or loss of control without any underlying organic
abnormality.

Dissociative Disorders - A response to obvious stress characterized by

amnesia, multiple personality, and depersonalization.

1. Amnesia - The partial or total inability to recall or identify past experiences

following a traumatic incident. Brain pathology amnesia – total loss of memory
and it cannot be retrieved by simple means. It requires long period of medication.
Psychogenic amnesia – failure to recall stored information and still they are
beneath the level of consciousness but “forgotten material.”
2. Multiple Personality - It is also called “dual personalities.” The reason manifests
two or more symptoms of personality usually dramatically different.
3. Depersonalization - The loss of sense of self or the so-called out of body
experience. There is a feeling of detachment from one’s mental processes or
body or being in a dream state. Cases of somnambulism (sleep walking) may fall
under this disorder.

Mood Disorders (Affective Disorders) - often referred to as affective disorders

however the critical pathology in these disorders is one of mood which is the internal

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
state of a person, and not of affect, the external expression of emotional content
(Manual of Mental Disorder).

1. Depressive Disorders (Major Depressive Disorder) – Patients with depressed

mood have a loss of energy and interest, feeling of guilt, difficulty in
concentrating, loss of appetite, and thoughts of death or suicide, they are not
affected with manic episodes.
2. Dysthymic Disorder – a mild form of major depressive disorder
3. Bipolar Disorders - those experienced by patients with both manic and
depressive episodes.
4. Cyclothymic Disorder – a less severe form of bipolar disorder

PSYCHOPATHIC PATTERNS - group of abnormal behaviors, which typically stemmed

from immature and distorted personality development, resulting in persistent
maladaptive ways of perceiving and thinking. They are generally called “personality or
character disorders”. These groups of disorders are composed of the following:

Personality Disorders - The disorders of character, the person is characterized

as a “problematic” without psychoses. This disorder is characterized disrupted personal
relationship, dependent or passive aggressive behavior.

 Paranoid Personality Disorder - It is characterized by suspicious, rigidity, envy,

hypersensitivity, excessive self-importance, argumentativeness and tendency to
blame others of one’s own mistakes.
 Schizoid Personality Disorder - This is characterized by the inability to form
social relationship and lack of interest in doing so. The person seem to express
their feelings, they lack social skills. They are the so-called “loners”.
 Schizotypal Personality Disorder - It is characterized by reclusiveness, over
sensitivity, avoidance of communication and superstitious thinking is common.
 Histrionic Personality Disorder - It is characterized by immaturity, excitability,
emotional instability and self-dramatization.
 Narcissistic Personality Disorder - It is characterized by an exaggerated sense
of self-importance and pre-occupation with receiving attention. The person
usually expects and demands special treatment from others and disregarding the
rights and feeling of others.
 Borderline Personality Disorder - It is characterized by instability reflected in
drastic mood shifts and behavior problems. The person usually displays intense
anger outburst with little provocation and he is impulsive, unpredictable, and
periodically unstable.
 Avoidant Personality Disorder - It is characterized by hypersensitivity to
rejection and apprehensive alertness to any sign of social derogation. Person is
reluctant to enter into social interaction.
 Dependent Personality Disorder - It is characterized by extreme dependence
on other people – there is acute discomfort and even panic to be alone. The
person lacks confidence and feels helpless.

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
  Passive-Aggressive Personality Disorder - It is characterized by being hostile
expressed in indirect and non-violent ways. They are so called “stubborn”.
 Compulsive Personality Disorder - It is characterized by excessive concern
with rules, order, and efficiency that everyone does things their way and an ability
to express warm feeling. The person is over conscientious, serious, and with
difficulty in doing things for relaxation.
 Anti-social Personality Disorder - It is characterized by continuing violation of
the rights of others through aggressive, anti-social behavior without remorse or
loyalty to anyone.

PSYCHOTIC PATTERNS - are group of disorders involving gross structural defects

in the brain tissue, severe disorientation of the mind thus it involves loss of contact with
reality.

Organic Mental Disorders - A diagnosis of organic mental disorder is

associated with a specific, identified organic cause, such as abnormalities of the brain
structure. These are mental disorder that occurs when the normal brain has been
damage resulted from any interference of the functioning of the brain.

1. Acute brain disorder – caused by a diffuse impairment of the brain function. Its
symptoms range from mild mood changes to acute delirium.
2. Chronic brain disorder – the brain disorder that result from injuries, diseases,
drugs, and a variety of other conditions. Its symptoms include impairment of
orientation (time, place and person), impairment of memory, learning,
comprehension and judgement, emotion and self-control.

Groups of Organic Mental Disorders

1. Delirium– the severe impairment of information processing in the brain affecting

the basic process of attention, perception, memory and thinking.
2. Dementia – deterioration in intellectual functioning after completing brain
maturation. The defect in the process of acquiring knowledge or skill, problem
solving, and judgement.
3. Amnestic Syndrome – the inability to remember ongoing events more than a
few minutes after they have taken place.
4. Hallucinosis – the persistent occurrence of hallucinations, the false perception
that arise in full wakefulness state. This includes hallucinations on visual and
hearing or both.
5. Organic Delusional Syndrome – the false belief arising in a setting of known or
suspected brain damage.
6. Organic Affective Syndrome – the extreme/severe manic or depressive state
with the impairment of the cerebral function.
7. Organic Personality Syndrome – the general personality changes following
brain damage.
8. General Paresis – also called “dimentia paralytica”, a syphilitic infection o f the
brain and involving impairment of the CNS.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 Disorders Involving Brain Tumor - A tumor is a new growth involving abnormal
enlargement of body tissue. Brain tumor can cause a variety of personality alterations,
and it may lead to any neurotic behavior and consequently psychotic behavior.

Disorders Involving Head Injury - Injury to the head as a result of falls, blows
and accidents causing sensory and motor disorders.

Senile and Presenile Dementia

Mental retardation - Metal retardation is a mental disorder characterized by sub-

average general functioning existing concurrency with deficits in adaptive behavior. It is
a common mental disorder before the age of 18. The person is suffering from low I.Q.,
difficulty in focusing attention and deficiency in fast learning.

Schizophrenia and Paranoia - Schizophrenia – refers to the group of psychotic

disorders characterized by gross distortions of realty, withdrawal of social interaction,
disorganization and fragmentation of perception, thoughts and emotion. It also refers to
terms such as “mental deterioration”, “dementia praecox”, or “split mind”. Paranoia – it
is a psychosis characterized by a systemized delusional system. A delusion is a firm
belief opposed to reality but maintained in spite of strong evidence to the contrary. It is
also a psychosis characterized by delusion of apprehension following a failure or
frustration.

ADDICTIVE BEHAVIORAL PATTERNS - Psychoactive substance-use disorders

such as alcoholism affects millions of people. Addiction and psychological dependence
on these substances create disastrous personal and social problems (Bernstein, 1991).

SEXUAL DYSFUCNTIONAL PATTERNS - Sexual deviations to the impairment to

either the desire for sexual gratification or in the ability to achieve it (Coleman, 1980).

Those Affecting Males

1. Erectile Insufficiency (Impotency) – it is a sexual disorder characterized by the

inability to achieve or maintain erection for successful intercourse.
2. Pre-mature Ejaculation – it is the unsatisfactory brief period of sexual stimulation
that results to the failure of the female partner to achieve satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate during intercourse – resulting
to worry between partners.

Those Affecting Women

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 1. Arousal Insufficiency (Frigidity) – a sexual disorder characterized by partial or
complete failure to attain the lubrication or swelling response of sexual
excitement by the female partner.
2. Orgasmic Dysfunction – a sexual disorder characterized by the difficulty in
achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at the entrance to the vagina
that prevent penetration of the male sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual acts in women.

Sexual Behaviors leading to Sex Crimes

As to Sexual Reversals

 Homosexuality – it is a sexual behavior directed towards the same sex. It is also

called “lesbianism/tribadism” for female relationship.
 Transvestism – refers to the achievement of sexual excitation by dressing as a
member of the opposite sex such a man who wears female apparel.
 Fetishism – sexual gratification is obtained by looking at some body parts,
underwear of the opposite sex or other objects associated with the opposite sex.

As to the Choice of Partner

 Pedophilia – a sexual perversion where a person has the compulsive desire to

have sexual intercourse with a child of either sex.
 Bestiality – the sexual gratification is attained by having sexual intercourse with
animals
 Auto-sexual (self-gratification/masturbation) – it is also called “self abuse”, sexual
satisfaction is carried out without the cooperation of another.
 Gerontophilia – is a sexual desire with an elder person.
 Necrophilia – an erotic desire or actual intercourse with a corpse
 Incest – a sexual relation between people who, by reason of blood relationship
cannot legally marry.

As to Sexual Urge

 Satyriasis – an excessive (sexual urge) desire of men to have sexual intercourse

 Nymphomania – a strong sexual feeling of women with an excessive sexual
urge.

As Mode of Sexual Expression

 Oralism – it is the use of mouth or the tongue as a way of sexual satisfaction.

a. Fellatio – male sex organ to the mouth of the women coupled with the act
of sucking that initiates orgasm.
b. Cunnilingus – sexual gratification is attained by licking the external female
genitalia.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 c. Anilism (anillingus) – licking the anus of the sexual partner

 Sado-Masochism (Algolagnia) – pain/cruelty for sexual gratification.

Sadism – achievement of sexual stimulation and gratification through the

infliction of physical pain on the sexual partner. It may also be associated with
animals or objects instead of human beings.
Masochism – infliction of pain to oneself to achieve sexual pleasure.
As to Part of the Body

 Sodomy – is a sexual act through the anus of the sexual partner.

 Uranism – sexual gratification is attained through fingering, holding the breast of
licking parts of the body.
 Frottage – the act of rubbing the sex organ against body parts of another person.
 Partailism – it refers to the sexual libido on any part of the body of a sexual
partner.

As to visual stimulus

 Voyeurism – the person is commonly called “the peeping Tom”, an achievement

of sexual pleasures through clandestine peeping such as peeping to dressing
room, couples room, toilets, etc. and frequently the person masturbate during the
peeping activity.
 Scoptophilia – the intentional act of watching people undress or during sexual
intimacies.

As to Number of Participants in the Sexual Act

 Troilism – three persons participate in sex orgy such as two women versus on
man or vice versa.
 Pluralism – group of persons in sexual orgies such as couple to couple sexual
relations. It is also called “sexual festival”.
Other Sexual Abnormalities

 Exhibitionism – it is called “indecent exposure”, intentional exposure of genitals to

members of the opposite sex under inappropriate conditions.
 Coprolalia – the use of obscene language to achieve sexual satisfaction.
 Don Juanism – the act of seducing women as a career without permanency of
sexual partner or companion.

REPUBLIC ACT No. 11131

AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE

PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS "AN ACT
CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE
PHILIPPINES"

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

assembled:

ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE

Section 1. Title. - This Act shall be known as "The Philippine Criminology Profession
Act of 2018".

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

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

Section 3. Objectives. - This Act shall govern:

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

(b) The supervision, control and regulation of the practice of criminology;

(c) The standardization and regulation of criminology education;

(d) The development of the professional competence of criminologists through

Continuing Professional Development (CPD); and

(e) The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.

Section 4. Definition of Terms. - As used in this Act, the following terms shall be defined
as follows:

(a) APO refers to the Accredited Professional Organization of criminologists, that

the Professional Regulatory Board of Criminology created hereunder and,
hereinafter referred to as the Board, as the one and only recognized and
accredited integrated national organization of criminologists, subject to the
approval of the Professional Regulation Commission (PRC) hereinafter referred
to as the Commission created under Republic Act No. 8981, otherwise known as
the "PRC Modernization Act of 2000";
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 (b) Board refers to the Professional Regulatory Board for Criminologists created
hereunder;

(c) CHED refers to the Commission on Higher Education (CHED) created under
Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", in
the formulation of policy standards, and monitoring of the criminology education
in the country, which shall be assisted by the Criminology Technical Panel
composed of the president of the APO, Chairperson of the Board of Criminology,
one (1) from the academe, and two (2) from the law enforcement agencies;

(d) Commission refers to Professional Regulation Commission (PRC) hereinafter

referred to as the Commission created under Republic Act No. 8981, otherwise
known as the "PRC Modernization Act of 2000";

(e) Criminology refers to the scientific study of crimes, criminals, and victims, it
also deals with the prevention, and solution of crimes;

(f) Profession refers to the art and science in the practice of criminology
discipline; and,

(g) Registered criminologist refers to a natural person who holds a valid

certificate of registration and an updated professional identification card as
criminologist issued by the Board and the Commission pursuant to this Act.

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

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

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

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

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 component subjects of the criminology program: (1) Criminal Jurisprudence and
Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime
Detection and Investigation; (5) Correctional Administration; and (6) Criminal
Sociology and Ethics, and other technical and specialized subjects in the
criminology curriculum provided by the CHED;

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

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

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

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

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

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

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

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

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

ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS

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

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

Section 7. Qualifications of the Chairperson and Members of the Board. - The

Chairperson and each member shall, at the time of their appointment, possess all these
qualifications:

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 (a) Must be a natural-born Filipino citizen and a resident of the Philippines;

(b) Must be of good moral character, good reputation and of sound mind and
body;

(c) Not convicted by a court of competent jurisdiction of any offense involving

moral turpitude;

(d) Must be a graduate of Bachelor of Science in Criminology, and a holder of a

Post-Graduate Degree in Criminology or a lawyer in any reputable school
recognized by the CHED;

(e) Must be a registered criminologist with a valid certificate of registration and a

valid professional identification card, having at least ten (10) years of practice in
the profession prior to the appointment including no less than two (2) years
teaching experience of criminology or law subjects in full-time or part-time
capacity in the college of criminology or college of law recognized by the
government through the CHED;

(f) Must be a member in good standing of the APO but not an officer or trustee
thereof; and

(g) Must not be a member of the faculty of any school, college or university
where a regular class or review course in criminology is offered, nor a member of
the staff of reviewers in a review school or center, and must not have any direct
or indirect pecuniary interest in any such institution.

Section 8. Term of Office. - The Chairperson and members of the Board shall hold
office for a term of three (3) years from the date of appointment or until their successors
shall have been qualified and appointed. They may be reappointed to the same office
for another term of three (3) years immediately after the expiry of their
term: Provided, That the holding of such position shall not be more than two (2) terms
nor more than six (6) years, whichever is longer: Provided, further, That the first Board
under this Act shall hold these terms of office: the Chairperson for three (3) years, the
first two (2) members for two (2) years, and the second two (2) members for one (1)
year: Provided, finally, That any appointee to a vacancy with an unexpired period shall
only serve such period. The Chairperson and the members shall duly take their oath of
office.

Section 9. Compensation, Allowances and Other Benefits. - The Chairperson and

members of the Board shall receive compensation, allowances and other benefits
comparable to that being received by the Chairpersons and members of other
Professional Regulatory Boards under the Commission as provided for under Section
10 of Republic Act No. 8981 and other existing laws.

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The Board
shall exercise executive, administrative, rule-making and quasi-judicial powers in
carrying out the provisions of this Act. It shall be vested with the following specific
powers, functions, duties and responsibilities:

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

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

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

(c) To promulgate and issue rules and regulations implementing the provisions of
this Act;

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

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

(f) To prescribe and promulgate guidelines on the conduct of a CPD program for
criminologists in consultation with the APO;

(g) To promulgate, adopt or amend the syllabi and tables of specifications of the
subjects for the licensure examination/s in consultation with the APO, the
academe, and the CHED Technical Panel for Criminology, prepare questions for
the licensure examination which shall strictly be within the scope of the syllabi of
the subjects for examination, as well as administer and correct, and release the
results of the licensure examinations;

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

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

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

(j) To monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement
of the profession and the maintenance of high professional, ethical an^ technical
standards; for this purpose, the members of the Board, duly authorized by the
Commission, may conduct ocular inspection of establishments where criminology

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 is practiced, and recommend sanction as it may deem proper to the appropriate
government agency concerned;

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

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

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

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

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

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

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

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

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

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 (q) To prepare an annual report of accomplishments on programs, projects and
activities of the Board for submission to the Commission after the close of each
calendar year and make appropriate recommendations to the Commission on
issues or problems affecting the criminology profession; and

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

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

case shall be subject to review only if on appeal.

Section 11. Grounds for Removal or Suspension of Board Chairperson/Member. - The

President of the Philippines, upon the recommendation of the Commission, after due
process and administrative investigation conducted by the Commission, may remove or
suspend the Chairperson or member of the Board on any of the following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;

(b) Commission of any of the causes/grounds and the prohibited acts provided in
this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt
Practices Act, and other laws;

(c) Manipulation or rigging of the results in the licensure examination for

criminologists, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades; and

(d) Conviction with final judgment of any crime involving moral turpitude. The
Commission, in the conduct of the investigation, shall be guided by Section 7(s)
of Republic Act No. 8981, the rules on administrative investigation, and the
applicable provisions of the New Rules of Court.

Section 12. Administrative Supervision of the Board; Provision of Support Services. -

The Board shall be under the administrative supervision of the Commission. The
Commission shall keep all records of the Board including applications for examination,
examination papers and results, minutes of deliberation and administrative cases. The
Commission shall designate the Secretary of the Board and shall provide the other
support services to the Board in order to implement the provisions of this Act.

ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 Section 13. Passing of Licensure Examination Requirements. - Except as otherwise
specifically allowed under this Act, applicants for registration for the practice of
criminology shall be required to pass a licensure examination as provided for in this Act,
in such places and dates as the Commission may designate in the resolution thereof on
the Master Schedules for all licensure examinations in accordance with Section 7(d) of
Republic Act No. 8981.

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

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

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

has reciprocity with the Philippines in the practice of criminology;

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

(c) Must hold a bachelor's degree in criminology duly accredited by the CHET)
and conferred by a school/college/university duly authorized by the government
or its equivalent degree obtained by either a Filipino or foreign citizen from an
institution of learning in a foreign country/state: Provided, That it is duly
recognized and/or accredited by the CHED;

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

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

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

Subjects Relative Weights

(a) Criminal Jurisprudence and Procedure:
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Court Testimony 20%
(b) Law Enforcement Administration:
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;
Special Crime, Organized Crime Investigation; Fire Technology and Arson Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control 15%
(d) Criminalistics:
Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy; Examination;
Forensic Ballistics;
Questioned Documents 20%
(e) Correctional Administration:
Institutional Corrections; Non-Institutional Corrections 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System;
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and Statistics 15%

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

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

Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects for the
licensure examination shall be taught by a registered criminologist who is a holder of a
valid certificate of registration and updated professional identification card for
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
criminologist, APO membership, and CPD required units earned, and meet other CHED
requirements. Allied fields in criminology may also be allowed to teach as it may deem
proper.

Section 17. Rating in the Licensure Examination. - To pass the licensure examination
for criminologist, a candidate must obtain a weighted average rating of seventy-five
percent (75%) with no grade less than sixty percent (60%) in any given subject. In case
the examinee obtains a weighted average rating of seventy-five percent (75%) but, has
a grade below sixty percent (60%) in any of the subjects, the result of the examinee
shall be deferred, and be required to retake that particular subject/s. The deferred
examinee shall only be allowed to retake once within two (2) years from the date of the
examination, and shall be required to obtain a grade not lower than eighty percent
(80%) on the subject, to be considered to have passed the licensure examination. If the
examinee failed to retake after the lapse of two (2) years or failed to get the passing
mark of eighty percent (80%), the examinee shall retake all the board subjects.

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

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

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

Section 20. Issuance of Certificate of Registration and Professional Identification

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

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

Page 70 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 21. Refusal to Issue Certificate of Registration and Professional Identification
Card or Temporary/Special Permit. - The Board shall not register any successful
applicant for registration who has been:

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

competent jurisdiction;

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

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

Examinees by the Board; and

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

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

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

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

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

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

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

professional identification card or temporary/special permit;

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

person, or damage to property;

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

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

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

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

Page 71 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 (h) Addiction to drugs or alcohol impairing one's ability to practice the profession
or a declaration by a court of competent jurisdiction that the registrant is of
unsound mind; and

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

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

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

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

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

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

Section 24. Nonpayment of the Annual Registration Fees. - The Board shall suspend a
registered criminologist from the practice of the profession whether in government
service, or have used the license as eligibility equivalent for promotion in government
service, or in the private sector, for nonpayment of the registration fees for two (2)
consecutive registration periods from the last or previous year of payment. Other
surcharges shall be determined and charged by the Commission.

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

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

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 26. Vested Rights; Automatic Registration. - All criminologists registered at the
effectivity of this Act shall automatically be registered hereunder, subject to the
provisions herein set forth as to future requirements. Certificates of registration and
professional identification cards or temporary/ special permits held by such persons in
good standing at such effectivity date shall have the same force and effect as though
they were issued on or after the said effectivity.

ARTICLE IV
PRACTICE OF CRIMINOLOGY

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

authorized to practice the criminology profession:

(a) Natural persons:

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

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

(2) Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.

(b) Juridical persons:

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

(2) Partnership duly registered with the Securities and Exchange

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

(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and

(4) Association and cooperative duly registered with the appropriate

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

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

Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be exclusively
and legitimately used by the practitioners of the criminology profession which shall be
distributed by the Board through the APO.
Page 73 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take the licensure
examination for criminologists, register, receive ones certificate of registration and
professional identification card, and practice criminology in the Philippines unless the
requirements for the licensure examination and/or registration and practice of
criminology imposed under the laws and regulations in the foreign country/state are
substantially the same as those required and contemplated by the Philippine laws and
regulations, and unless the foreign laws and regulations allow Philippine citizens to
practice criminology within the territory of the foreign country/state on the same basis
and grant the same privileges as those enjoyed by the citizens, subjects or nationals
thereof.

Section 30. Practice Through Temporary/Special Permit. - Temporary/Special permit

may be issued by the Board subject to the approval by the Commission and payment of
fees the latter has prescribed and charged thereof to the following:

(a) Registered criminologists from foreign countries/states whose services are

rendered either for free or for a fee:

(1) If they are internationally known criminologists or experts in any

branch, specialty or allied field of criminology; and

(2) If their services are urgently and importantly required for lack or
inadequacy of available local specialists or experts; or for the promotion or
advancement of the practice of criminology through transfer of technology;

(b) Registered criminologists from foreign countries/states whose services shall

be free and limited to indigent patients in a particular hospital, center or clinic;
and

(c) Registered criminologists from foreign countries/states employed as

exchange professors in a branch, specialty or allied field of criminology, in
schools, colleges or universities offering the course of criminology.

The permit shall, among other things, contain these limitations and conditions for a
period of not more than one (1) year subject to renewal: the branch or specialty of
criminology and the specific place of practice such as clinic, hospital, center, school,
college or university offering the course of criminology. The Board, subject to the
approval of the Commission, shall promulgate rules and regulations on the
implementation of this particular section.

Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt

and. APO Membership. - The practitioner of the criminology profession shall be required
to indicate the certificate of registration number and date of issuance, the expiry of the
current professional identification card, the professional tax receipt number and date,
and the APO membership number and date with official receipt number and date of

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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
membership payment (annual/lifetime) on the documents one signs, uses or issues in
connection with the practice of the profession.

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

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

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

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

ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS

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

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

Section 35. Preference of Appointment in Government Criminal Justice and Other

Government Institutions. - Registered criminologists shall enjoy priority of appointment
and shall not be required to take any qualifying or entrance examinations in the PNP,
the NBI, the BJMP, the BFP, the Land Transportation Office (LTO) and other
government positions related to criminology, police and law enforcement work,
investigations and security, corrections and public safety of the following bureaus,

Page 75 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
departments, institutions or agencies of the government: the Department of Justice
(DOJ); the Commission on Human Rights (CHR); the Office of the Ombudsman; the
Philippine Ports Authority (PPA); the Commission on Elections (COMELEC); the Bureau
of Treasury (BoT); the Philippine Amusement and Gaming Corporation (PAGCOR); the
Department of Environment and Natural Resources (DENR); the Department of Tourism
(DOT); the Department of Trade and Industry (DTI); the Armed Forces of the Philippines
(AFP); the Bureau of Immigration (BI); the BoC; the Department of Transportation
(DOTr); the Air Transportation Office (ATO); the Civil Aviation Authority of the
Philippines (CAAP); the BSP; the BIR; the CHED; the City/Municipal Security Office; the
Provincial Jail; the Provincial Security Office; the Metro Manila Development Authority
(MMDA); the Supreme Court and lower courts; the Security Consultation; the Social
Security System; the NAPOLCOM; the Autonomous Region in Muslim Mindanao
(ARMM); the Optical Media Board; the Intellectual Property Rights Office; the PDEA; the
Public Attorney's Office (PAO); the PPC; government-owned and -controlled
corporations and other government agencies with positions involving the practice of
criminology.1âwphi1

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

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

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

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

professional identification card or a valid temporary/special permit;

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

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

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

person;

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

registration and professional identification card or temporary/special permit;

Page 76 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
 (e) Impersonating a registered criminologist or a holder of a temporary/special
permit; and

(f) Violating any provision of this Act or the IRR thereof. Where the violator is a
juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.

Section 38. Enforcement. - In carrying out the provisions of this Act, the Board shall be
assisted by the Commission, the APO, duly constituted government agencies and
authorities and private organizations in the industry.

Section 39. Appropriations. - The Chairperson of the PRC shall immediately include in
the Commission's programs the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act.

Section 40. Transitory Provision. - The incumbent Board shall, in an interim capacity,
continue to operate or function by carrying out the provisions of this Act without need of
new appointments of the Chairperson and members thereof until the first Board created
under this Act shall have been constituted or organized pursuant thereto.

Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90) days from
the effectivity of this Act, the Board, subject to approval by the Commission, and in
coordination with the APO, shall prescribe, promulgate and issue a Board Resolution on
the IRR cf this Act and which shall be effective fifteen (15) days after its publication in
the Official Gazette or in any newspaper of general circulation.

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

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

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

Approved,

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives
Page 77 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
VICENTE C. SOTTO III
President of the Senate

This Act was passed by the Senate of the Philippines as Senate Bill No. 452 on March
12, 2018, and was adopted by the House of Representatives as an amendment to
House Bill No. 7191 on September 11, 2018

DANTE ROBERTO P. MALING

Acting Secretary General
House of Representatives

MYRA MARIE D. VILLARICA

Secretary of the Senate

Approved: November 8, 2018

(Sgd.) RODRIGO ROA DUTERTE

President of the Philippines

“If you know the enemy and know yourself, you need not fear the
result of a hundred battles. If you yourself but not the enemy, for
every victory, you will suffer defeat. If you know neither yourself
nor the enemy, you are a fool who will meet defeat in every battle”.

“KEEP ON RESEARCHING AND STUDYING”

GOD BLESS YOU

-ABDE-

Page 78 of 78
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice